Statute Stocktake Bill 1999
First Reading
1998-99
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Stocktake Bill 1999
No. , 1999
(Attorney-General)
A Bill for an Act to repeal redundant Acts, to make consequential amendments, and for related purposes
ISBN 064239220X
Contents
Part 1--Repeal 3
Advisory Council for Inter-government Relations Act 1976 3
Airline Equipment (Loan Guarantee) Act 1972 3
Airline Equipment (Loan Guarantee) Act 1974 3
Airline Equipment (Loan Guarantee) Act 1976 3
Airline Equipment (Loan Guarantee) Act 1977 3
Airline Equipment (Loan Guarantee) Act 1978 3
Airline Equipment (Loan Guarantee) Act (No. 2) 1978 3
Airline Equipment (Loan Guarantee) Act 1980 3
Airlines Agreement (Termination) Act 1990 3
Airlines Equipment (Loan Guarantee) Act 1981 3
Apple and Pear Export Charge Act 1976 3
Apple and Pear Levy Act 1976 3
Appropriation (Urban Public Transport) Act 1974 3
Appropriation (Urban Public Transport) Act 1976 3
Appropriation (Urban Public Transport) Act 1977 4
Australian Bicentennial Authority Act 1980 4
Australian Bicentennial Road Development Trust Fund Act 1982 4
Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 4
Australian Land Transport (Financial Assistance) Act 1985 4
Australian Space Council Act 1994 4
Canned Fruit Excise Act Repeal Act 1968 4
Commonwealth Legal Aid Act 1977 4
Companies (Acquisition of Shares--Fees) Act 1980 4
Companies (Fees) Act 1981 4
Customs Tariff (Rate Alteration) Act 1988 4
Dairying Industry Research and Promotion Levy Collection Act 1972 4
Dairying Industry Research and Promotion Levy Collection Act 1978 4
Defence (Transitional Provisions) Act 1946 4
Defence Transition (Residual Provisions) Act 1952 4
Diesel Fuel Tax Act (No. 1) 1957 5
Diesel Fuel Tax Act (No. 2) 1957 5
Diesel Fuel Taxation (Administration) Act 1957 5
Dried Sultana Production Underwriting Act 1982 5
Dried Vine Fruits Equalization Levy Act 1978 5
Dried Vine Fruits Stabilization Legislation Repeal Act 1981 5
Environment (Financial Assistance) Act 1977 5
Estate Duty Act 1914 5
Estate Duty Assessment Act 1914 5
Estate Duty Convention (United States of America) Act 1953 5
Exotic Animal Disease Control Act 1989 5
Futures Industry (Fees) Act 1986 5
Gift Duty Act 1941 5
Gift Duty Assessment Act 1941 5
Gift Duty Convention (United States of America) Act 1953 5
Horticultural Policy Council Act 1987 5
King Island Harbour Agreement Act 1973 5
King Island Shipping Service Agreement Act 1974 5
Matrimonial Causes Act 1971 6
National Roads Act 1974 6
New South Wales Grant (Chrysotile Corporation) Act 1978 6
Overseas Students Charge Act 1979 6
Overseas Students Charge Collection Act 1979 6
Overseas Students (Instalment Payments) Charge Act 1989 6
Overseas Students (Refunds) Act 1990 6
Overseas Students Tuition Assurance Levy Act 1993 6
Patents, Trade Marks, Designs and Copyright Act 1939 6
Petroleum Search Subsidy Act 1959 6
Queensland Beef Cattle Roads Agreement Act 1962 6
Re-establishment and Employment Act 1945 6
Roads Grants Act 1974 6
Securities Industry (Fees) Act 1980 6
States Grants (Beef Cattle Roads) Act 1968 6
Back to Top States Grants (Hospital Operating Costs) Act 197 6
States Grants (Nature Conservation) Act 1974 6
States Grants (Roads Interim Assistance) Act 1977 6
States Grants (Schools Assistance) Act 1976 7
States Grants (Schools Assistance) Act 1977 7
States Grants (Schools Assistance) Act 1978 7
States Grants (Schools Assistance) Act 1979 7
States Grants (Schools Assistance) Act 1980 7
States Grants (Schools Assistance) Act 1981 7
States Grants (Schools Assistance) Act 1982 7
States Grants (Schools Assistance) Act 1983 7
States Grants (Schools Assistance) Act 1984 7
States Grants (Schools Assistance) Act 1988 7
States Grants (TAFE Assistance) Act 1989 7
States Grants (Tertiary Education Assistance) Act 1977 7
States Grants (Tertiary Education Assistance) Act 1978 7
States Grants (Tertiary Education Assistance) Act 1981 7
States Grants (Tertiary Education Assistance) Act 1984 7
Steel Industry Authority Act 1983 7
Stevedoring Industry Charge Act 1947 7
Stevedoring Industry Charge Assessment Act 1947 7
Structural Adjustment (Loan Guarantees) Act 1974 8
Taxation (Unpaid Company Tax) Assessment Act 1982 8
Taxation (Unpaid Company Tax--Promoters) Act 1982 8
Taxation (Unpaid Company Tax--Vendors) Act 1982 8
Telecommunications (Interception--Carriers) Act 1992 8
Temple Society Trust Fund Act 1949 8
Textiles, Clothing and Footwear Development Authority Act 1988 8
Transport (Planning and Research) Act 1974 8
Transport Planning and Research (Financial Assistance) Act 1977 8
Tuberculosis Act 1948 8
Urban Public Transport (Research and Planning) Act 1974 8
Weipa Development Agreement Act 1965 8
Part 2--Saving provisions 9
Part 1--Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985 10
Australian Land Transport Development Act 1988 10
Part 2--Amendment relating to the Commonwealth Legal Aid Act 1977 11
National Crime Authority Act 1984 11
Public Service Act 1922 11
Superannuation Act 1976 11
Part 3--Amendment relating to companies, futures and securities legislation 12
ANL Act 1956 12
Australian Industry Development Corporation Act 1970 12
Commonwealth Banks Restructuring Act 1990 12
Commonwealth Serum Laboratories Act 1961 12
Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 12
Snowy Mountains Engineering Corporation Act 1970 12
Part 4--Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952 14
Trans-Tasman Mutual Recognition Act 1997 14
Veterans' Entitlements Act 1986 14
Part 5--Amendment relating to primary industry levies and charges 15
Primary Industries Levies and Charges Collection Act 1991 15
Part 6--Amendment relating to other tax legislation 16
Administrative Decisions (Judicial Review) Act 1977 16
Commonwealth Inscribed Stock Act 1911 16
Freedom of Information Act 1982 16
Income Tax Assessment Act 1936 16
Taxation Administration Act 1953 17
Taxation (Interest on Overpayments and Early Payments) Act 1983 17
Part 7--Amendment relating to the Matrimonial Causes Act 1971 18
Family Law Act 1975 18
Part 8--Amendment relating to the States Grants (Roads Interim Assistance) Act 1977 19
States Grants (Roads) Act 1977 19
Part 9--Amendment relating to the Tuberculosis Act 1948 20
Aged or Disabled Persons Care Act 1954 20
National Health Act 1953 20
Nursing Homes Assistance Act 1974 21
Part 10--Amendment relating to the Re-establishment and Employment Act 1945 22
Income Tax Assessment Act 1936 22
Public Service Act 1922 22
Back to Top Tradesmen's Rights Regulation Act 1946 22
Part 11--Amendment relating to the Merchant Shipping Act, 1894 (Imperial) 24
Navigation Act 1912 24
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 1999.
2 Commencement (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) However, if on that day the Taxation Administration Act 1953 does not contain a section 8AAB, the amendment of that Act by Part 6 of Schedule 2 to this Act does not commence until immediately after that section is inserted in that Act.
3 Schedule(s) (1) Subject to section 2, 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.
4 Repeal of Merchant Shipping Act, 1894 (Imperial) (1) So far as the Imperial Act known as the Merchant Shipping Act, 1894 (as amended or affected by any other Imperial Act or Act of the Commonwealth) forms part of the law of the Commonwealth or of an external Territory, it is repealed.
(2) Section 8 of the Acts Interpretation Act 1901 applies in relation to the repeal as if the Imperial Act had been an Act of the Parliament.
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
Back to Top 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
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
Back to Top 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 197
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
Back to Top Despite the repeal of the
Environment (Financial Assistance) Act 1977, a State must repay to the Commonwealth any amount the State would have been 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
(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:
Back to Top (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.
Part 6--Amendment relating to other tax legislation
Administrative Decisions (Judicial Review) Act 1977
17 Paragraph (e) of Schedule 1
Omit "Estate Duty Assessment Act 1914".
18 Paragraph (e) of Schedule 1
Omit "Gift Duty Assessment Act 1941".
Back to Top 19 Paragraph (e) of Schedule 1 Omit "Taxation (Unpaid Company Tax) Assessment Act 1982".
20 Saving provision
The amendments made by items 17, 18 and 19 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
21 Section 52C
Repeal the section.
Freedom of Information Act 1982
22 Schedule 3
Omit "Gift Duty Assessment Act 1941, subsections 10(2) and (5)".
23 Schedule 3
Omit "Stevedoring Industry Charge Assessment Act 1947, subsections 10(2) and (5)".
Income Tax Assessment Act 1936
24 Subsection 78B(7)
Omit "are" (second and third occurring), substitute "were".
Taxation Administration Act 1953
25 Subsection 8AAB(5) (table item 18)
Repeal the item.
26 Paragraphs 8J(2)(h) and (j)
Repeal the paragraphs.
27 Paragraph 8J(2)(k)
Omit "the Taxation (Unpaid Company Tax) Assessment Act 1982 or of".
28 Subsection 13J(6)
Repeal the subsection.
Taxation (Interest on Overpayments and Early Payments) Act 1983
29 Subsection 3(1) (paragraphs (d) and (e) of the definition of relevant tax)
Repeal the paragraphs.
30 Subsection 3(1) (paragraph (h) of the definition of relevant tax)
Repeal the paragraph.
31 Subsection 3(1) (paragraph (j) of the definition of relevant tax)
Repeal the paragraph.
32 Subparagraph 12(1)(a)(ii)
Omit ", (h), (j)".
33 Saving provision
The amendment made by item 32 does not cause a person to become entitled to interest.
Part 7--Amendment relating to the Matrimonial Causes Act 1971
Family Law Act 1975
34 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
35 Subsection 35(4)
Repeal the subsection.
Part 9--Amendment relating to the Tuberculosis Act 1948
Aged or Disabled Persons Care Act 1954
Back to Top 36 Subsection 2(1) (sub-subparagraph (d)(ii)(D) of the definition of eligible person)
Omit "State; or", substitute "State.".
37 Subsection 2(1) (sub-subparagraph (d)(ii)(E) of the definition of eligible person)
Repeal the sub-subparagraph.
38 Application
The amendments made by items 36 and 37 apply only for the purpose of working out whether someone is an eligible person at a time after the commencement of this item.
39 Subsection 2(1) (paragraph (e) of the definition of hostel)
Omit "State; or", substitute "State.".
40 Subsection 2(1) (paragraph (f) of the definition of hostel)
Repeal the paragraph.
41 Application
The amendments made by items 39 and 40 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
42 Subsection 4(1) (paragraph (d) of the definition of nursing home)
Omit "or" (last occurring).
43 Subsection 4(1) (paragraph (e) of the definition of nursing home)
Repeal the paragraph.
44 Application
The amendments made by items 42 and 43 apply only for the purpose of working out whether premises are a nursing home at a time after the commencement of this item.
45 Subsection 4(1) (paragraph (ba) of the definition of pensioner)
Omit "or" (last occurring).
46 Subsection 4(1) (paragraph (c) of the definition of pensioner)
Repeal the paragraph.
Nursing Homes Assistance Act 1974
47 Subsection 3(3A)
Repeal the subsection.
48 Application
The amendment made by item 47 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
49 Paragraph 23(kb)
Repeal the paragraph.
50 Subsection 221A(1) (paragraph (e) of the definition of salary or wages)
Repeal the paragraph.
51 Application
The amendments made by items 49 and 50 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
52 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
53 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.
54 Section 6 (definition of the war)
Repeal the definition, substitute:
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.
55 Subsection 7A(1)
After "Re-establishment and Employment Act 1945-1952", insert "(immediately before its repeal)".
56 Paragraph 41(3)(b)
Omit "is", substitute "was".
57 Subsection 41(3A)
After "Re-establishment and Employment Act 1945-1952", insert "(immediately before its repeal)".
58 Section 42
Omit "Part III of the Re-establishment and Employment Act 1945-1952 or".
59 Section 42
Omit "Part or".
Part 11--Amendment relating to the Merchant Shipping Act, 1894 (Imperial)
Navigation Act 1912
60 Subsection 6(1) (definition of the Merchant Shipping Act)
Repeal the definition.
61 Subsection 263(1)
Omit "Notwithstanding anything contained in subsection 419(4) of the Merchant Shipping Act, in", substitute "In".
62 Subsection 264(3)
Omit "Notwithstanding anything contained in subsection 422(2) of the Merchant Shipping Act, in", substitute "In".