Federal Register of Legislation - Australian Government

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A Bill for an Act to repeal redundant Acts, to make consequential amendments, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 01 Jul 1998

Statute Stocktake Bill 1998
First Reading

1996-97-98

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Statute Stocktake Bill 1998

No. , 1998

(Attorney-General)

A Bill for an Act to repeal redundant Acts, to make consequential amendments, and for related purposes

Contents

1       Short title

2       Commencement

3       Schedule(s)

Schedule 1 - Acts repealed       

Part 1 - Repeal       

Advisory Council for Inter-government Relations Act 1976       

Airline Equipment (Loan Guarantee) Act 1972       

Airline Equipment (Loan Guarantee) Act 1974       

Airline Equipment (Loan Guarantee) Act 1976       

Airline Equipment (Loan Guarantee) Act 1977       

Airline Equipment (Loan Guarantee) Act 1978       

Airline Equipment (Loan Guarantee) Act (No. 2) 1978       

Airline Equipment (Loan Guarantee) Act 1980       

Airlines Agreement (Termination) Act 1990       

Airlines Equipment (Loan Guarantee) Act 1981       

Apple and Pear Export Charge Act 1976       

Apple and Pear Levy Act 1976       

Appropriation (Urban Public Transport) Act 1974       

Appropriation (Urban Public Transport) Act 1976       

Appropriation (Urban Public Transport) Act 1977       

Australian Bicentennial Authority Act 1980       

Australian Bicentennial Road Development Trust Fund Act 1982       

Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987       

Australian Land Transport (Financial Assistance) Act 1985       

Australian Space Council Act 1994       

Canned Fruit Excise Act Repeal Act 1968       

Commonwealth Legal Aid Act 1977       

Companies (Acquisition of Shares - Fees) Act 1980       

Companies (Fees) Act 1981       

Customs Tariff (Rate Alteration) Act 1988       

Dairying Industry Research and Promotion Levy Collection Act 1972       

Dairying Industry Research and Promotion Levy Collection Act 1978       

Defence (Transitional Provisions) Act 1946       

Defence Transition (Residual Provisions) Act 1952       

Diesel Fuel Tax Act (No. 1) 1957       

Diesel Fuel Tax Act (No. 2) 1957       

Diesel Fuel Taxation (Administration) Act 1957       

Dried Sultana Production Underwriting Act 1982       

Dried Vine Fruits Equalization Levy Act 1978     

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Dried Vine Fruits Stabilization Legislation Repeal Act 1981       

Environment (Financial Assistance) Act 1977       

Estate Duty Act 1914       

Estate Duty Assessment Act 1914       

Estate Duty Convention (United States of America) Act 1953       

Exotic Animal Disease Control Act 1989       

Futures Industry (Fees) Act 1986       

Gift Duty Act 1941       

Gift Duty Assessment Act 1941       

Gift Duty Convention (United States of America) Act 1953       

Horticultural Policy Council Act 1987       

King Island Harbour Agreement Act 1973       

King Island Shipping Service Agreement Act 1974       

Matrimonial Causes Act 1971       

National Roads Act 1974       

New South Wales Grant (Chrysotile Corporation) Act 1978       

Overseas Students Charge Act 1979       

Overseas Students Charge Collection Act 1979       

Overseas Students (Instalment Payments) Charge Act 1989       

Overseas Students (Refunds) Act 1990       

Overseas Students Tuition Assurance Levy Act 1993       

Patents, Trade Marks, Designs and Copyright Act 1939       

Petroleum Search Subsidy Act 1959       

Queensland Beef Cattle Roads Agreement Act 1962       

Re-establishment and Employment Act 1945       

Roads Grants Act 1974       

Securities Industry (Fees) Act 1980       

States Grants (Beef Cattle Roads) Act 1968       

States Grants (Hospital Operating Costs) Act 1976       

States Grants (Nature Conservation) Act 1974       

States Grants (Roads Interim Assistance) Act 1977       

States Grants (Schools Assistance) Act 1976       

States Grants (Schools Assistance) Act 1977       

States Grants (Schools Assistance) Act 1978       

States Grants (Schools Assistance) Act 1979       

States Grants (Schools Assistance) Act 1980       

States Grants (Schools Assistance) Act 1981       

States Grants (Schools Assistance) Act 1982       

States Grants (Schools Assistance) Act 1983       

States Grants (Schools Assistance) Act 1984       

States Grants (Schools Assistance) Act 1988       

States Grants (TAFE Assistance) Act 1989       

States Grants (Tertiary Education Assistance) Act 1977       

States Grants (Tertiary Education Assistance) Act 1978       

States Grants (Tertiary Education Assistance) Act 1981       

States Grants (Tertiary Education Assistance) Act 1984   

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Steel Industry Authority Act 1983       

Stevedoring Industry Charge Act 1947       

Stevedoring Industry Charge Assessment Act 1947       

Structural Adjustment (Loan Guarantees) Act 1974       

Taxation (Unpaid Company Tax) Assessment Act 1982       

Taxation (Unpaid Company Tax - Promoters) Act 1982       

Taxation (Unpaid Company Tax - Vendors) Act 1982       

Telecommunications (Interception - Carriers) Act 1992       

Temple Society Trust Fund Act 1949       

Textiles, Clothing and Footwear Development Authority Act 1988       

Transport (Planning and Research) Act 1974       

Transport Planning and Research (Financial Assistance) Act 1977       

Tuberculosis Act 1948       

Urban Public Transport (Research and Planning) Act 1974       

Weipa Development Agreement Act 1965       

Part 2 - Saving provisions       

Schedule 2 - Amendment of other Acts consequential on repeal       

Part 1 - Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985       

Australian Land Transport Development Act 1988       

Part 2 - Amendment relating to the Commonwealth Legal Aid Act 1977       

National Crime Authority Act 1984       

Public Service Act 1922       

Superannuation Act 1976       

Part 3 - Amendment relating to companies, futures and securities legislation       

ANL Act 1956       

Australian Industry Development Corporation Act 1970       

Commonwealth Banks Restructuring Act 1990       

Commonwealth Serum Laboratories Act 1961       

Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980       

Snowy Mountains Engineering Corporation Act 1970       

Part 4 - Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952       

Trans-Tasman Mutual Recognition Act 1997       

Veterans' Entitlements Act 1986       

Part 5 - Amendment relating to primary industry levies and charges       

Primary Industries Levies and Charges Collection Act 1991       

Part 6 - Amendment relating to other tax legislation       

Administrative Decisions (Judicial Review) Act 1977       

Commonwealth Inscribed Stock Act 1911       

Freedom of Information Act 1982       

Income Tax Assessment Act 1936       

Taxation Administration Act 1953       

Taxation (Interest on Overpayments and Early Payments) Act 1983       

Part 7 - Amendment relating to the Matrimonial Causes Act 1971       

Family Law Act 1975       

Part 8 - Amendment relating to the States Grants (Roads Interim Assistance) Act 1977       

States Grants (Roads) Act 1977       

Part 9 - Amendment relating to the Tuberculosis Act 1948     

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Aged or Disabled Persons Care Act 1954       

National Health Act 1953       

Nursing Homes Assistance Act 1974       

Part 10 - Amendment relating to the Re-establishment and Employment Act 1945       

Income Tax Assessment Act 1936       

Public Service Act 1922       

Tradesmen's Rights Regulation Act 1946       

A Bill for an Act to repeal redundant Acts, to make consequential amendments, and for related purposes

The Parliament of Australia enacts:

1 Short title
        This Act may be cited as the Statute Stocktake Act 1998.

2 Commencement
        This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)
       (1) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

       (2) The repeal of an Act by this section does not affect the operation of any amendment of another Act made by the repealed Act.

Schedule 1 - Acts repealed
Part 1 - Repeal

1 Repeal of Acts

The Acts specified in this Part are repealed.

Advisory Council for Inter-government Relations Act 1976

Airline Equipment (Loan Guarantee) Act 1972

Airline Equipment (Loan Guarantee) Act 1974

Airline Equipment (Loan Guarantee) Act 1976

Airline Equipment (Loan Guarantee) Act 1977

Airline Equipment (Loan Guarantee) Act 1978

Airline Equipment (Loan Guarantee) Act (No. 2) 1978

Airline Equipment (Loan Guarantee) Act 1980

Airlines Agreement (Termination) Act 1990

Airlines Equipment (Loan Guarantee) Act 1981

Apple and Pear Export Charge Act 1976

Apple and Pear Levy Act 1976

Appropriation (Urban Public Transport) Act 1974

Appropriation (Urban Public Transport) Act 1976

Appropriation (Urban Public Transport) Act 1977

Australian Bicentennial Authority Act 1980

Australian Bicentennial Road Development Trust Fund Act 1982

Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987

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Australian Land Transport (Financial Assistance) Act 1985

Australian Space Council Act 1994

Canned Fruit Excise Act Repeal Act 1968

Commonwealth Legal Aid Act 1977

Companies (Acquisition of Shares - Fees) Act 1980

Companies (Fees) Act 1981

Customs Tariff (Rate Alteration) Act 1988

Dairying Industry Research and Promotion Levy Collection Act 1972

Dairying Industry Research and Promotion Levy Collection Act 1978

Defence (Transitional Provisions) Act 1946

Defence Transition (Residual Provisions) Act 1952

Diesel Fuel Tax Act (No. 1) 1957

Diesel Fuel Tax Act (No. 2) 1957

Diesel Fuel Taxation (Administration) Act 1957

Dried Sultana Production Underwriting Act 1982

Dried Vine Fruits Equalization Levy Act 1978

Dried Vine Fruits Stabilization Legislation Repeal Act 1981

Environment (Financial Assistance) Act 1977

Estate Duty Act 1914

Estate Duty Assessment Act 1914

Estate Duty Convention (United States of America) Act 1953

Exotic Animal Disease Control Act 1989

Futures Industry (Fees) Act 1986

Gift Duty Act 1941

Gift Duty Assessment Act 1941

Gift Duty Convention (United States of America) Act 1953

Horticultural Policy Council Act 1987

King Island Harbour Agreement Act 1973

King Island Shipping Service Agreement Act 1974

Matrimonial Causes Act 1971

National Roads Act 1974

New South Wales Grant (Chrysotile Corporation) Act 1978

Overseas Students Charge Act 1979

Overseas Students Charge Collection Act 1979

Overseas Students (Instalment Payments) Charge Act 1989

Overseas Students (Refunds) Act 1990

Overseas Students Tuition Assurance Levy Act 1993

Patents, Trade Marks, Designs and Copyright Act 1939

Petroleum Search Subsidy Act 1959

Queensland Beef Cattle Roads Agreement Act 1962

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Re-establishment and Employment Act 1945

Roads Grants Act 1974

Securities Industry (Fees) Act 1980

States Grants (Beef Cattle Roads) Act 1968

States Grants (Hospital Operating Costs) Act 1976

States Grants (Nature Conservation) Act 1974

States Grants (Roads Interim Assistance) Act 1977

States Grants (Schools Assistance) Act 1976

States Grants (Schools Assistance) Act 1977

States Grants (Schools Assistance) Act 1978

States Grants (Schools Assistance) Act 1979

States Grants (Schools Assistance) Act 1980

States Grants (Schools Assistance) Act 1981

States Grants (Schools Assistance) Act 1982

States Grants (Schools Assistance) Act 1983

States Grants (Schools Assistance) Act 1984

States Grants (Schools Assistance) Act 1988

States Grants (TAFE Assistance) Act 1989

States Grants (Tertiary Education Assistance) Act 1977

States Grants (Tertiary Education Assistance) Act 1978

States Grants (Tertiary Education Assistance) Act 1981

States Grants (Tertiary Education Assistance) Act 1984

Steel Industry Authority Act 1983

Stevedoring Industry Charge Act 1947

Stevedoring Industry Charge Assessment Act 1947

Structural Adjustment (Loan Guarantees) Act 1974

Taxation (Unpaid Company Tax) Assessment Act 1982

Taxation (Unpaid Company Tax - Promoters) Act 1982

Taxation (Unpaid Company Tax - Vendors) Act 1982

Telecommunications (Interception - Carriers) Act 1992

Temple Society Trust Fund Act 1949

Textiles, Clothing and Footwear Development Authority Act 1988

Transport (Planning and Research) Act 1974

Transport Planning and Research (Financial Assistance) Act 1977

Tuberculosis Act 1948

Urban Public Transport (Research and Planning) Act 1974

Weipa Development Agreement Act 1965

Part 2 - Saving provisions

2 Saving for the Environment (Financial Assistance) Act 1977

Despite the repeal of the Environment (Financial Assistance) Act 1977, a State must repay to the Commonwealth any amount the State would have been

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obliged to repay if that Act had not been repealed and had continued to be administered by the Minister for the Environment.

3 Saving for the States Grants (Nature Conservation) Act 1974

Despite the repeal of the States Grants (Nature Conservation) Act 1974, a State must repay to the Commonwealth any amount the State would have been obliged to repay if that Act had not been repealed.

4 Saving for States Grants (Schools Assistance) Acts

Despite the repeal of:

       (a) the States Grants (Schools Assistance) Act 1978; and

       (b) the States Grants (Schools Assistance) Act 1979; and

       (c) the States Grants (Schools Assistance) Act 1980; and

       (d) the States Grants (Schools Assistance) Act 1981; and

       (e) the States Grants (Schools Assistance) Act 1982; and

       (f) the States Grants (Schools Assistance) Act 1983; and

       (g) the States Grants (Schools Assistance) Act 1984; and

       (h) the States Grants (Schools Assistance) Act 1988;

the conditions to which grants under those Acts were subject, and any obligation to repay money to the Commonwealth arising from a failure to meet those conditions, apply as if the Acts had not been repealed.

5 Saving for the Temple Society Trust Fund Act 1949

Despite the repeal of section 7 of the Temple Society Trust Fund Act 1949, neither the Commonwealth nor any Minister who administered that Act are liable in connection with anything done or omitted to be done in relation to the Fund established by that Act or in relation to any payment of money under that Act.

Schedule 2 - Amendment of other Acts consequential on repeal
Part 1 - Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985

Australian Land Transport Development Act 1988

1 Section 33

Repeal the section, substitute:

33 Deduction of amounts repayable
        The Minister may deduct from an amount payable out of the Reserve to a State, authority or organisation any amount repayable by the State, authority or organisation under this Act.

2 Section 40

Repeal the section.

3 Schedule 1

Repeal the Schedule.

Part 2 - Amendment relating to the Commonwealth Legal Aid Act 1977

National Crime Authority Act 1984

4 Subsection 29B(7) (paragraph (a) of the definition of legal aid officer)

Repeal the paragraph, substitute:

       (a) a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes including the provision of legal assistance; or

Public Service Act 1922

5 After subsection 87(6)

Insert:

       (6AA) Subsection (6) continues to apply despite the repeal of the Commonwealth Legal Aid Act 1977 as if:

       (a) section 3 and Part IV of that Act had not been repealed; and


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       (b) any arrangement under subsection 21(1) of that Act that ceased to be in force only because of that repeal had not ceased to be in force because of that repeal.

Superannuation Act 1976

6 Paragraph 244(2B)(b)

Repeal the paragraph, substitute:

       (b) would have been an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977 if that Part had not been repealed.

Part 3 - Amendment relating to companies, futures and securities legislation

ANL Act 1956

7 Section 61 (paragraph (c) of the definition of tax)

Repeal the paragraph.

Australian Industry Development Corporation Act 1970

8 Subsection 29X(2) (paragraph (c) of the definition of tax)

Repeal the paragraph.

Commonwealth Banks Restructuring Act 1990

9 Subsection 77(4) (paragraph (c) of the definition of tax)

Repeal the paragraph.

Commonwealth Serum Laboratories Act 1961

10 Section 31 (paragraph (c) of the definition of tax)

Repeal the paragraph.

Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980

11 Paragraph 3(1)(d)

Repeal the paragraph.

12 Paragraph 3(1)(f)

Omit ", (d)".

Snowy Mountains Engineering Corporation Act 1970

13 Section 39M (paragraph (c) of the definition of tax)

Repeal the paragraph.

Part 4 - Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952

Trans-Tasman Mutual Recognition Act 1997

14 Clause 3 of Schedule 1

Omit:

Defence (Transitional Provisions) Act 1946 of the Commonwealth

Defence Transition (Residual Provisions) Act 1952 of the Commonwealth

Veterans' Entitlements Act 1986

15 Subsection 5E(1) (subparagraph (b)(iii) of the definition of war widow)

Repeal the subparagraph.

Part 5 - Amendment relating to primary industry levies and charges

Primary Industries Levies and Charges Collection Act 1991

16 Subsection 28(9) (paragraph (c) of the definition of relevant decision)

Repeal the paragraph.

17 Schedule 1


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Omit "Apple and Pear Export Charge Act 1976".

18 Schedule 2

Omit "Apple and Pear Levy Act 1976".

19 Schedule 2

Omit "Dried Vine Fruits Equalization Levy Act 1978".

Part 6 - Amendment relating to other tax legislation

Administrative Decisions (Judicial Review) Act 1977

20 Paragraph (e) of Schedule 1

Omit "Estate Duty Assessment Act 1914".

21 Paragraph (e) of Schedule 1

Omit "Gift Duty Assessment Act 1941".

22 Paragraph (e) of Schedule 1

Omit "Taxation (Unpaid Company Tax) Assessment Act 1982".

23 Saving provision

The amendments made by items 20, 21 and 22 do not allow a decision made under the Estate Duty Assessment Act 1914, the Gift Duty Assessment Act 1941 or the Taxation (Unpaid Company Tax) Assessment Act 1982 to be reviewed under the Administrative Decisions (Judicial Review) Act 1977.

Commonwealth Inscribed Stock Act 1911

24 Section 52C

Repeal the section.

Freedom of Information Act 1982

25 Schedule 3

Omit "Gift Duty Assessment Act 1941, subsections 10(2) and (5)".

26 Schedule 3

Omit "Stevedoring Industry Charge Assessment Act 1947, subsections 10(2) and (5)".

Income Tax Assessment Act 1936

27 Subsection 78B(7)

Omit "are" (second and third occurring), substitute "were".

Taxation Administration Act 1953

28 Paragraphs 8J(2)(h) and (j)

Repeal the paragraphs.

29 Paragraph 8J(2)(k)

Omit "the Taxation (Unpaid Company Tax) Assessment Act 1982 or of".

30 Subsection 13J(6)

Repeal the subsection.

Taxation (Interest on Overpayments and Early Payments) Act 1983

31 Subsection 3(1) (paragraphs (d) and (e) of the definition of relevant tax)

Repeal the paragraphs.

32 Subsection 3(1) (paragraph (h) of the definition of relevant tax)

Repeal the paragraph.

33 Subsection 3(1) (paragraph (j) of the definition of relevant tax)

Repeal the paragraph.

34 Subparagraph 12(1)(a)(ii)

Omit ", (h), (j)".

35 Saving provision

The amendment made by item 34 does not cause a person to become entitled to interest.

Part 7 - Amendment relating to the Matrimonial Causes Act 1971

Family Law Act 1975


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36 Subsection 3(3)

Omit "applies", substitute "applied".

Part 8 - Amendment relating to the States Grants (Roads Interim Assistance) Act 1977

States Grants (Roads) Act 1977

37 Subsection 35(4)

Repeal the subsection.

Part 9 - Amendment relating to the Tuberculosis Act 1948

Aged or Disabled Persons Care Act 1954

38 Subsection 2(1) (sub-subparagraph (d)(ii)(D) of the definition of eligible person)

Omit "State; or", substitute "State.".

39 Subsection 2(1) (sub-subparagraph (d)(ii)(E) of the definition of eligible person)

Repeal the sub-subparagraph.

40 Application

The amendments made by items 38 and 39 apply only for the purpose of working out whether someone is an eligible person at a time after the commencement of this item.

41 Subsection 2(1) (paragraph (e) of the definition of hostel)

Omit "State; or", substitute "State.".

42 Subsection 2(1) (paragraph (f) of the definition of hostel)

Repeal the paragraph.

43 Application

The amendments made by items 41 and 42 apply only for the purpose of working out whether premises are a hostel at a time after the commencement of this item.

National Health Act 1953

44 Subsection 4(1) (paragraph (d) of the definition of nursing home)

Omit "or" (last occurring).

45 Subsection 4(1) (paragraph (e) of the definition of nursing home)

Repeal the paragraph.

46 Application

The amendments made by items 44 and 45 apply only for the purpose of working out whether premises are a nursing home at a time after the commencement of this item.

47 Subsection 4(1) (paragraph (ba) of the definition of pensioner)

Omit "or" (last occurring).

48 Subsection 4(1) (paragraph (c) of the definition of pensioner)

Repeal the paragraph.

Nursing Homes Assistance Act 1974

49 Subsection 3(3A)

Repeal the subsection.

50 Application

The amendment made by item 49 applies only for the purpose of working out whether premises are a nursing home at a time after the commencement of this item.

Part 10 - Amendment relating to the Re-establishment and Employment Act 1945

Income Tax Assessment Act 1936

51 Paragraph 23(kb)

Repeal the paragraph.

52 Subsection 221A(1) (paragraph (e) of the definition of salary or wages)

Repeal the paragraph.

53 Application

The amendments made by items 51 and 52 apply to assessments for years of income starting after the year of income containing the day on which this item commences.

Public Service Act 1922

54 Subsection 7(1) (paragraph (a) of the definition of returned soldier)

Repeal the paragraph, substitute

       (a) a person who is a member of the Forces (as that term was defined in section 139 of the Re-establishment and Employment Act 1945 immediately before its repeal); or

Tradesmen's Rights Regulation Act 1946

55 Section 6 (definition of member of the Forces)

Repeal the definition, substitute:

member of the Forces has the meaning given by section 4 or 139 of the Re-establishment and Employment Act 1945 immediately before the repeal of that Act.

56 Section 6 (definition of the war)

the war has the meaning given by section 4 or 139 of the Re-establishment and Employment Act 1945 immediately before the repeal of that Act.

57 Subsection 7A(1)

After "Re-establishment and Employment Act 1945-1952", insert "(immediately before its repeal)".

58 Paragraph 41(3)(b)

Omit "is", substitute "was".

59 Subsection 41(3A)

After "Re-establishment and Employment Act 1945-1952", insert "(immediately before its repeal)".

60 Section 42

Omit "Part III of the Re-establishment and Employment Act 1945-1952 or".

61 Section 42

Omit "Part or".