Statute Law Repeals Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1
sets out the purpose of the Bill which is to repeal certain spent
Acts.
Clause 2
provides for the commencement of the Bill, which comes into
operation on the day after the day on which it receives the Royal
Assent.
Clause 3
provides for the Acts listed in the Schedule to be repealed.
Clause 4
provides for the automatic repeal of this Act on the first
anniversary of the day on which it receives the Royal Assent.
Once the repeals made by this Act have taken effect, this Act will
be spent.
SCHEDULE—REPEAL OF ACTS
The Acts set out in this Schedule are spent or redundant.
The Acts to be repealed fall into 3 categories—
1
Spent Principal Acts
This Bill repeals the following Principal Acts. These Acts are no
longer required because their operative provisions have taken
effect and are spent or they are redundant. Section 14 of the
Interpretation of Legislation Act 1984 provides that the repeal
of these Acts will not affect the previous operation of, or
anything done under, those Acts—
571284
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BILL LA INTRODUCTION 29/2/2012
1.1
The Australian Alliance Assurance Company's Act 1867
(No. 305)
This Act enabled the shareholders of a joint stock
insurance company established in the colony of Victoria—
the Australian Alliance Assurance Company (AAA), which
was an unincorporated company, to sue and be sued in the
name of the chairman for the time being of the directors of
AAA (the chairman). Section 1 enabled AAA to sue in the
name of the chairman and for actions to be taken against
AAA in the name of the chairman. The other provisions in
the 1867 Act provided for related matters including
evidentiary matters, enforcement of judgments and the
vesting of the real and personal property held in trust for
AAA in the chairman. Securities for money, warrants of
attorney, covenants and agreements relating to AAA also
vested in the chairman. Section 13 allowed a "Life Reserve
Fund" to be set aside out of the money received for life
assurance and provided that it could be invested as the
directors of AAA thought fit. These provisions are no
longer required as AAA no longer exists as a separate
entity. AAA's business is now part of Suncorp Group Ltd,
which has been consulted and has no objection to the repeal
of the 1867 Act. The 1867 Act can be repealed.
1.2
Aboriginal Affairs (Transfer of Functions) Act 1974
(No. 8606)
This Act made provision with respect to the transfer of
functions in relation to aboriginal affairs. It repealed the
Aboriginal Affairs Act 1967 and amended the Aboriginal
Lands Act 1970 and the Archaeological and Aboriginal
Relics Preservation Act 1972 (now repealed).
These provisions have taken effect and are spent. Section 3
vested in the Housing Commission certain land and other
real and personal property of the Minister administering
the Aboriginal Affairs Act 1967 before its repeal
(the Minister). Section 3 has taken effect and is spent.
Section 4 required the Registrar of Titles and RegistrarGeneral to make the necessary entries on land records
regarding the vesting and transfer of property to the
Housing Commission. This has been done and section 4 is
redundant. Section 5 and 6 are transitional provisions.
Section 5 makes instruments that are binding on the
Minister before commencement of that section binding on
the Minister of Housing. Under section 6, gifts or property
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devised under a will or given on trust to the Minister are
taken to have been devised, bequested or given to the
Minister of Housing as if he or she were named in the
instrument. Any continuing operation of sections 5 and 6
will be preserved by section 14 of the Interpretation of
Legislation Act 1984. Under section 7(a), the Minister had
power to transfer the lands described in Schedule 3 to the
Commonwealth. All the lands have been transferred and
section 7 is no longer required. Section 8 required the
Aboriginal Affairs Fund money to be refunded to the
Commonwealth if originally contributed by the
Commonwealth and the rest of the money paid to the
Consolidated Fund. Section 8 would have been complied
with when the 1974 Act commenced. Section 8 is no
longer required. The 1974 Act can be repealed.
1.3
Aboriginal Land (Manatunga Land) Act 1992
(No. 29/1992)
This Act provided for land at Robinvale to be granted to the
Murray Valley Aboriginal Co-operative Limited. The land
has been granted under section 3 so this section is
redundant. Section 4, which provided for the
extinguishment of a Crown lease and other rights in the
land to be granted under section 3, has taken effect and is
spent. Under section 6, the Registrar of Titles was required
to make necessary amendments to the Register as a result of
the 1992 Act. These have been made and the section is
redundant. Section 7 provides that the Crown does not
have to pay any compensation in respect of anything arising
under the 1992 Act. The effect of this section will be
preserved by section 14 of the Interpretation of
Legislation Act 1984. Section 8, which alters or varies
section 85 of the Constitution Act 1975 and which was
inserted because of section 7, is no longer required.
The 1992 Act can be repealed.
1.4
Appropriation (2008/2009) Act 2008 (No. 32/2008)
New appropriation Acts are enacted each year.
This appropriation Act is spent in its operation and can be
repealed.
1.5
Appropriation (Parliament 2008/2009) Act 2008
(No. 33/2008)
New appropriation Acts are enacted each year.
This appropriation Act is spent in its operation and can be
repealed.
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2
Spent Amending Acts with transitional or substantive
provisions
The Bill repeals the following amending Acts that contain
transitional, savings or validation provisions or substantive or
unproclaimed provisions. The substantive provisions are no
longer required because they have taken effect and are spent or
they are redundant. The unproclaimed provisions are no longer
required. Any continuing effect of the transitional and savings
provisions and the effect of any validation provisions will be
preserved by section 14 of the Interpretation of Legislation Act
1984—
2.1
Port Authorities (Amendment) Act 1986 (No. 123/1986)
This Act made amendments to the Port of Melbourne
Authority Act 1958, the Port of Geelong Authority Act
1958, the Port of Portland Authority Act 1958 and the
Harbor Boards Act 1958 (all now repealed) and the
Transport Act 1983 (since renamed as the Transport
(Compliance and Miscellaneous Act 1983) and the Land
Acquisition and Compensation Act 1986 to streamline
commercial operations in ports and facilitate the
implementation of major government projects associated
with ports. These amendments have taken effect and are
spent. Section 11 provided for the Government of Victoria
to guarantee money borrowed by the Port of Melbourne
Authority (abolished in 1997). This section is no longer
required as there are no borrowings that remain
outstanding. Sections 20(2), 46(2) and 69(3) validate
exemptions relating to licences. These provisions are
redundant as the licences the exemptions relate to have
expired. Section 50(2) provides that the first of certain
accounts and statements prepared after section 50
commenced must relate to the first half of 1986.
This section is now spent. The 1986 Act can be repealed.
2.2
Legal Aid Commission (Amendment) Act 1989
(No. 61/1989)
This Act made miscellaneous amendments to the Legal Aid
Commission Act 1978 (later renamed the Legal Aid Act
1978). Many of the amending provisions have taken effect
and are spent. Section 9(1)(d)(i) was repealed by the Legal
Practice Act 1996. Sections 5 and 9(1)(b), (c), (d)(ii)
and (e), have not yet been proclaimed but will be
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ineffective if proclaimed as the provisions of the Legal Aid
Act 1978 they were intended to amend have been repealed
or substituted by further legislation since the 1989 Act was
enacted. Sections 9(2) and 16 have not yet been proclaimed
but can no longer be proclaimed as they both depend on
section 9(1)(b) being proclaimed first. The 1989 Act can be
repealed.
2.3
Kew and Heidelberg Lands (Trust) Act 1990
(No. 16/1990
The purpose of this Act was to incorporate trustees of land
in the Cities of Kew and Northcote and make further
provision for the management of those lands. The 1990
Act amended the Kew and Heidelberg Lands Act 1933
(the Principal Act) (now repealed). These provisions have
taken effect and are spent. Section 10 contains transitional
provisions relating to the Yarra Bend Park Trust that are
spent. The Trust was dissolved when the Principal Act was
repealed in 2009. The 1990 Act can be repealed.
2.4
Subdivision (Further Amendment) Act 1994
(No. 34/1994)
This Act amended the Subdivision Act 1988 (the SA) to
vary public open space requirements and to clarify
provisions relating to compulsory acquisition or removal of
easements or rights of way. The amending provisions have
taken effect and are spent. Section 9 validated certain
subdivisions of land in stages that were authorised before
the commencement of the 1994 Act. The effect of section 9
will be preserved by section 14 of the Interpretation of
Legislation Act 1984 (the ILA). Section 10(1) is a
transitional provision that applies section 36 of the SA to
statements made by councils before the commencement of
the 1994 Act as if the SA had not been amended by that
Act. Any residual operation of this provision will be
preserved by section 14 of the ILA. The 1994 Act can be
repealed.
2.5
University Acts (Amendment) Act 1994 (No. 105/1994)
This Act amended the Melbourne University Act 1958,
the Royal Melbourne Institute of Technology Act 1992
and the Victoria University of Technology Act 1990
(all now repealed). The amending provisions have all taken
effect and are spent. Section 7(2) is a savings provision
that preserved resolutions made by the Council of the
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University of Melbourne as if they were made as
regulations under a statute of the University. Any residual
operation of this provision will be preserved by section 14
of the Interpretation of Legislation Act 1984.
Sections 25 and 26 relate to changes in the membership of
the Council of the Royal Melbourne Institute of
Technology and sections 37 and 38 relate to changes in the
membership of the Council of the Victoria University of
Technology. These provisions are spent. The 1994 Act can
be repealed.
2.6
Melbourne and Olympic Parks (Amendment) Act 1995
(No. 34/1995)
The main purposes of this Act were to amend the National
Tennis Centre Act 1985 (the NTCA) to change the title of
that Act to the Melbourne and Olympic Parks Act 1985,
to replace the National Tennis Centre Trust (the old Trust)
with the Melbourne and Olympic Parks Trust (the new
Trust) and to provide further for the administration of
Olympic Park and the National Tennis Centre. This Act
also amended the Melbourne Cricket Ground Act 1933
and the Melbourne Cricket Ground Act 1984 (both now
repealed). The amending provisions have taken effect and
are spent.
Part 3 of the 1995 Act contains transitional provisions.
Section 19(1)(a) to (d) and section 19(2), which relate to the
old Trust being succeeded by the new Trust, have taken
effect and are spent. Section 19(1)(e) provided that the new
Trust may continue and complete matters or things relating
to the old Trust. This provision is redundant as there are no
such matters or things remaining to be completed.
Section 19(1)(f) re-construes references to the old Trust to
the new Trust. The continuing effect of this provision will
be preserved by section 14 of the Interpretation of
Legislation Act 1984 (the ILA).
Section 20 of the 1995 Act contains provisions relating to
the new Trust succeeding the committee of management of
Olympic Park (the Committee). Section 20(1)(e) provided
that the new Trust could continue and complete matters or
things relating to the Committee. This provision is
redundant as there are no such matters or things remaining
to be completed. Section 20(1)(f) re-construes references to
the Committee to the new Trust. The continuing effect of
this provision will be preserved by section 14 of the ILA.
Section 20(3) provided that guarantees issued by the
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Treasurer under section 14C of the Crown Land
(Reserves) Act 1978 continued as if the new Trust were the
Committee. This provision is redundant as there are no
existing guarantees. The remaining provisions of
section 20 have taken effect and are spent.
Section 21 provided that Committee staff were deemed to
be staff of the new Trust on the same terms and conditions.
This provision has taken effect and is spent. Section 22
re-construes references to the NTCA to the Melbourne and
Olympic Parks Act 1985 and references to the Centre to
the National Tennis Centre. The continuing effect of this
provision will be preserved by section 14 of the ILA.
Section 23 contains provisions relating to the agreement
between the old Trust and the Association (within the
meaning of the NTCA). The provisions are redundant as
the agreement is at an end. The 1995 Act can be repealed.
2.7
Retail Tenancies (Amendment) Act 1995 (No. 37/1995)
This Act amended the Retail Tenancies Act 1986
(the RTA) (now repealed) to establish a procedure for
conciliation of disputes and to extend the prohibition on the
receipt of key-money. The amending provisions have taken
effect and are spent. Section 7 contains transitional
provisions. Section 7(1) provided that a member of a panel
of arbitrators before the commencement of section 6 of the
1995 Act became a member of the panel of conciliators
and arbitrators for the balance of the member's term.
This provision is redundant as any of the terms of office of
these members has expired. Section 7(2) provided that an
arbitration in force before the commencement of section 6
of the 1995 Act that had not been finally determined must
continue under the RTA as if the RTA had not been
amended by the 1995 Act. Any residual operation of this
provision will be preserved by section 14 of the
Interpretation of Legislation Act 1984. The 1995 Act can
be repealed.
2.8
Professional Boxing and Martial Arts Act 1996
(No. 36/1996)
This Act amended the Professional Boxing Control Act
1985 (the PBCA) to transfer certain provisions of the
Martial Arts Control Act 1986 (the MACA) regulating
martial arts to that Act. The 1996 Act also repealed the
MACA and renamed the PBCA to the Professional Boxing
and Martial Arts Act 1985 (now renamed the
Professional Boxing and Combat Sports Act 1985) and
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made other amendments to that Act including the
restructuring of the Professional Boxing Control Board
(the Board). The amending and repeal provisions have
taken effect and are spent.
Section 3(2) is a construction of references provision
relating to the change in name of the PBCA. Its continuing
effect will be preserved by section 14 of the Interpretation
of Legislation Act 1984 (the ILA). Section 23(1)
provided that the Professional Boxing and Martial Arts
Board was the successor in law to the Martial Arts Board.
This provision has taken effect and is spent. Section 23(2)
re-construes references to the Martial Arts Board to the
Professional Boxing and Martial Arts Board and will be
preserved by section 14 of the ILA. Section 23(3) is a
savings provision that provided that the Professional
Boxing and Martial Arts Board was taken to be the same
body as the Board was before section 15 of the 1996 Act
came into operation. The continuing effect of section 23(3)
will be preserved by section 14 of the ILA.
Section 24 contains transitional provisions relating to
licences, permits or registrations under the PBCA or the
MACA that were in force before section 24 came into
operation. Section 24 provided that these various
authorities expire on the date they would have expired
before amendments made by section 9 or 11 of the 1996
Act. Section 24(2) also treats authorities issued under the
MACA as if they were issued under the Professional
Boxing and Martial Arts Act 1985. As the various
authorities referred to in section 24 have all expired,
section 24 is redundant. The 1996 Act can be repealed.
2.9
Transport Acts (Amendment) Act 1997 (No. 106/1997)
This Act made amendments to the Transport Act 1983
(now renamed the Transport (Compliance and
Miscellaneous) Act 1983), the Public Transport
Competition Act 1995 (now renamed the Bus Services
Act 1995) and repealed the South Australian and Victoria
Border Railways Act 1930, the King-street Bridge Act
1957 and the Railways (Standardization Agreement) Act
1958. The amending and repeal provisions have taken
effect and are spent. Section 37(2) provided that the repeal
of the Railways (Standardization Agreement) Act 1958
did not affect the liability of the State of Victoria to pay any
amount to the Commonwealth under the Agreement under
that Act. This provision is redundant as the State of
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Victoria does not owe the Commonwealth any money
under the Agreement. The 1997 Act can be repealed.
2.10 Accident Compensation (Miscellaneous Amendment)
Act 1997 (No. 107/1997)
This Act amended the Accident Compensation Act 1985
(the ACA) to change the scheme for compensation and to
abolish certain rights of action at common law and made
related amendments to other Acts. The amending
provisions, except section 6, have taken effect and are
spent. Section 6 would have amended section 5(1) of the
ACA to amend the definition of worker to exclude a person
participating in an approved program of work for
unemployment payment under the Commonwealth Social
Security Act 1991. This amendment to the definition of
worker is no longer required as it is no longer considered
necessary. The 1997 Act can be repealed.
2.11 Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005 (No. 87/2005)
This Act made various amendments to the Crimes
(Assumed Identities) Act 2004, the Crimes (Controlled
Operations) Act 2004, the Fisheries Act 1995 (the FA),
the Major Crime Legislation (Office of Police Integrity)
Act 2004 (now repealed), the Major Crime (Investigative
Powers) Act 2004, the Police Regulation Act 1958, the
Surveillance Devices (Amendment) Act 2004 (now
repealed), the Telecommunications (Interception) (State
Provisions) Act 1988 and the Magistrates' Court Act
1989. The amending provisions, except section 8, have
taken effect and are spent. Section 8, which would have
amended clause 6.9 in Schedule 3 to the FA, is no longer
required. Clause 6.9 contains the power to make
regulations requiring the Secretary to report incidents
involving authorised officers to the Ombudsman (appointed
under the Ombudsman Act 1973). Section 8 would have
amended clause 6.9 so that incidents arising out of or in
connection with a controlled operation within the meaning
of Part 7A of the FA were excepted from the Secretary's
reporting obligations. This specific exception is no longer
required. The 2005 Act can be repealed.
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2.12 Consumer Credit (Victoria) and Other Acts
Amendment Act 2008 (No. 6/2008)
This main purpose of this Act was to amend the Consumer
Credit (Victoria) Act 1995 (the CC(V)A) in relation to
credit providers and to allow proceedings under the
Consumer Credit (Victoria) Code to be brought in a court
rather than the Victorian Administrative Appeals Tribunal.
This Act also amended the Credit (Administration) Act
1984, the Fair Trading Act 1999, the Residential
Tenancies Act 1997, and the Sale of Land Act 1962 and
repealed the Credit Reporting Act 1978. The 2008 Act
was amended by the Fair Trading and Other Acts
Amendment Act 2009, which restructured the provisions
in the 2008 Act including the commencement provision.
The amending and repeal provisions in the 2008 Act
(as amended by the 2009 amending Act), except
sections 4A, 6 to 19, 21, 22 and 24, have taken effect and
are spent. Sections 4A, 6 to 19, 21, 22 and 24 do not have a
forced commencement date and rely on being proclaimed to
come into operation. However these sections can no longer
be proclaimed because they would amend Parts 4 and 6 of
the CC(V)A, which have now been repealed by the Credit
(Commonwealth Powers) Act 2010. Sections 4A, 6 to 19,
21, 22 and 24 are now redundant. The 2008 Act can be
repealed.
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Spent Amending Acts—wholly in operation
The Bill repeals the following amending Acts that are now
wholly in operation and have amended the Acts they were
enacted to amend. These Acts contain no transitional, savings,
validation or substantive provisions and are spent—
3.1
House Contracts Guarantee (HIH) Act 2001
(No. 26/2001)
3.2
Fire Services Funding (Feasibility Study) Act 2009
(No. 86/2009)
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