Document ID: chunk:federal_register_of_legislation:C2004A03808:body:0:p11
Version: federal_register_of_legislation:C2004A03808
Segment Type: other
Provision Reference: 
Character Range: 24298–27116

removed to a State under this Act;
     (b) the trial of the person in an indictment court sitting in that State has concluded; and
     (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;
the Commonwealth shall, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.".

Sittings of courts etc.
19. Section 16 of the Principal Act is amended by omitting from paragraph (1) (a) ", otherwise than in the exercise of its criminal jurisdiction,".

Grant of pardon, remission etc.
20. Section 17 of the Principal Act is amended by omitting from subsection (1) "court exercising criminal jurisdiction in the Territory" and substituting "court of the Territory exercising criminal jurisdiction".

Division 2—Amendments of the Supreme Court Ordinance 1955 of the Territory of Cocos (Keeling) Islands

Principal Ordinance
21. In this Division, "Principal Ordinance" means the Supreme Court Ordinance 19556 of the Territory of Cocos (Keeling) Islands.

Court to sit without jury in civil proceedings
22. Section 12 of the Principal Ordinance is amended:
     (a) by omitting subsection (1) and substituting the following subsection:
     "(1) Notwithstanding any other law in force in the Territory, all civil proceedings before the Supreme Court shall be heard and determined by the Court sitting without a jury.";
     (b) by omitting from subsection (2) "shall not, after the commencement of this Ordinance, apply to" and substituting "does not apply to civil";
     (c) by inserting in subsection (3) ", in relation to civil proceedings," after "shall".

Registrar and other officers
23. Section 18 of the Principal Ordinance is amended:
     (a) by inserting in subsection (1) ", a Sheriff' after "Registrar";
     (b) by inserting in that subsection ", Deputy Sheriffs" after "Deputy Registrars".
24. After section 18 of the Principal Ordinance the following section is inserted:

Sheriff of the Territory
"18a. (1) Where the Minister does not appoint a Sheriff of the Territory under section 18, the Sheriff of the Australian Capital Territory shall be the Sheriff of the Territory.
"(2) The Sheriff:
     (a) is charged with the service and execution of all writs, orders, warrants, precepts, process and commands of the Court that are directed to the Sheriff; and
     (b) shall take, receive and detain all persons who are committed to the custody of the Sheriff by the Court, and shall discharge all such persons when directed by the Court or otherwise required by law.
"(3) A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers and functions of the Sheriff.
"(4) The Sheriff or a