Document ID: chunk:federal_register_of_legislation:F2006C00282:body:0:p2
Version: federal_register_of_legislation:F2006C00282
Segment Type: other
Provision Reference: 
Character Range: 2696–5313

day.
Shire means the Cocos (Keeling) Islands Shire.

4 The Cocos (Keeling) Islands Shire

 (1) For the purposes of the Local Government Act, the Territory is a shire, named the Cocos (Keeling) Islands Shire.

 (2) For the purposes of subsection 9 (2) of the Local Government Act, the common seal as in use by the former Council immediately before the commencement day is the common seal of the Shire.

5 The Shire council — interim membership

 (1) For the purposes of subparagraph 9 (5) (b) (ii) of the Local Government Act:
 (a) each person who was a councillor of the former Council immediately before the commencement day is taken to be a Shire councillor; and
 (b) the person who was the Chairman of the former Council immediately before the commencement day is taken to be the president of the Shire council.

 (2) If:
 (a) the office of a Shire councillor becomes vacant; and
 (b) no provisions for filling a casual vacancy in the Shire council are in force under the Local Government Act;
  the Minister may appoint a person in writing as a Shire councillor.

 (3) Paragraphs 65 (1) (c) and (d) and 67 (1) (d) and (f) of the Local Government Act do not apply to:
 (a) a person referred to in subsection 5 (1); or
 (b) a person appointed by the Minister.

6 Assets, liabilities, rights and obligations of the former Council

 (1) On the commencement of the Territories Law Reform Act 1992:
 (a) all property and rights vested in the former Council immediately before the commencement day vest in the Shire council; and
 (b) all liabilities to which the former Council was subject immediately before the commencement day become liabilities of the Shire council.

 (2) The Shire council may enforce any rights and deal with any liabilities as if the repealed Ordinance had not been repealed.

 (3) The Commonwealth may assume any of the Shire council's property, rights or liabilities with the agreement in writing of the Shire council.

7 Employees of the former Council

  For the purposes of Part VI of the Local Government Act, a person who was an employee of the former Council immediately before the commencement day is taken:
 (a) to have been appointed by the Shire council under subsection 157 (2) of the Local Government Act as an officer of the council with effect from the commencement day; and
 (b) to have been appointed on the same terms and conditions as those that applied to him or her, immediately before the commencement day, as an employee of the former Council; and
 (c) to have accrued any entitlement to benefits, in connection with his or her engagement by the Shire council, that is