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Commonwealth Places (Application of Laws) Act 1970

Authoritative Version
  • - C2011C00155
  • In force - Superseded Version
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Act No. 121 of 1970 as amended, taking into account amendments up to Aviation Crimes and Policing Legislation Amendment Act 2011
An Act relating to the application and administration of laws in places acquired by the Commonwealth for public purposes
Administered by: Attorney-General's
Registered 30 Mar 2011
Start Date 30 Mar 2011
End Date 30 Jun 2014
Table of contents.

Commonwealth Places (Application of Laws) Act 1970

Act No. 121 of 1970 as amended

This compilation was prepared on 30 March 2011
taking into account amendments up to Act No. 1 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

4............ Application of laws in Commonwealth places.................................... 2

5............ Application of certain provisions of Commonwealth Acts to applied provisions     5

6............ Arrangements with States................................................................... 6

7............ Jurisdiction of State courts.................................................................. 7

8............ Conditions subject to which State courts are invested with federal jurisdiction        7

9............ Causes of action.................................................................................. 8

10.......... Validation of certain acts..................................................................... 8

11.......... Form of instruments............................................................................ 8

12.......... Procedure in proceedings under the applied provisions...................... 9

13.......... Objection not allowable where two offences charged......................... 9

14.......... Continuance of proceedings where place found to be a Commonwealth place         9

15.......... Proceedings on certain appeals.......................................................... 10

16.......... Exceptions to appellate jurisdiction of High Court............................ 10

17.......... Certificates as to ownership of land.................................................. 10

18.......... Grant of pardon, remission etc.......................................................... 11

19.......... Savings............................................................................................. 11

20.......... Certain payments to be made by Commonwealth to States............... 12

21.......... Financial Management and Accountability Act not to apply to certain receipts        13

22.......... Regulations....................................................................................... 13

The Schedule—Inapplicable provisions of certain Acts                               14

Notes                                                                                                                                             15


An Act relating to the Application and Administration of Laws in Places acquired by the Commonwealth for Public Purposes

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Commonwealth Places (Application of Laws) Act 1970.

2  Commencement [see Note 1]

             (1)  Subject to the next succeeding subsection, this Act shall come into operation on the day on which it receives the Royal Assent.

             (2)  This Act does not have effect with respect to Commonwealth places in a State until a date fixed by Proclamation from and including which it is so to have effect in that State.

3  Interpretation

                   In this Act, unless the contrary intention appears:

airport has the same meaning as in the Aviation Transport Security Act 2004.

authority, in relation to a State, means:

                     (a)  the Governor, a Minister or a member of the Executive Council of the State;

                     (b)  a court of the State;

                     (c)  a person who holds office as a member of a court of a State;

                     (d)  a body created by or under the law of the State; and

                     (e)  an officer or employee of the State or of a body referred to in the last preceding paragraph.

Commonwealth place means a place (not being the seat of government) with respect to which the Parliament, by virtue of section 52 of the Constitution, has, subject to the Constitution, exclusive power to make laws for the peace, order, and good government of the Commonwealth.

designated State airport means an airport, to the extent that it is a Commonwealth place, that is:

                     (a)  situated in a State or States; and

                     (b)  prescribed by the regulations for the purposes of this definition.

member of the Australian Federal Police has the same meaning as in the Australian Federal Police Act 1979.

relevant Crimes Act provision means any of the following provisions of the Crimes Act 1914:

                     (a)  Part IAA (which deals with search, information gathering, arrest and related powers);

                     (b)  section 9 (which provides for the seizure and condemnation of forfeitable goods);

                     (c)  section 13 (which allows the institution of proceedings in respect of offences);

                     (d)  section 15 (which deals with the remand and discharge of defendants);

                     (e)  Part ID (which deals with forensic procedures).

special member has the same meaning as in the Australian Federal Police Act 1979.

the applied provisions means the provisions that, in accordance with the next succeeding section, apply or are to be deemed to have applied.

the laws of a State, in relation to a State, means the laws in force in that State, whether written or unwritten, and instruments made or having effect under those laws, but does not include a law of the Commonwealth, whether written or unwritten, or an instrument made or having effect under such a law, and law of a State has a corresponding meaning.

4  Application of laws in Commonwealth places

             (1)  The provisions of the laws of a State as in force at a time (whether before or after the commencement of this Act) apply, or shall be deemed to have applied, in accordance with their tenor, at that time in and in relation to each place in that State that is or was a Commonwealth place at that time.

          (1A)  Subsection (1) does not apply to the provisions of the laws of a State to the extent that those provisions have effect, as laws of the Commonwealth, under the Commonwealth Places (Mirror Taxes) Act 1998.

             (2)  This section does not:

                     (a)  extend to the provisions of a law of a State to the extent that, if that law applied, or had applied, in or in relation to a Commonwealth place, it would be, or have been, invalid or inoperative in its application in or in relation to that Commonwealth place otherwise than by reason of the operation of section 52 of the Constitution in relation to Commonwealth places; or

                     (b)  operate so as to make applicable the provisions of a law of a State in or in relation to a Commonwealth place if that law would not apply, or would not have applied, in or in relation to that place if it were not, or had not been, a Commonwealth place.

             (3)  To the extent that the laws of a State would, but for subsection (1) of this section, have, or have had, the same effect, at a particular time, with respect to an act, matter or thing having a connexion with a place in that State that is, or was, at that time, a Commonwealth place as they would have, or would have had, at that time, if the act, matter or thing did not have such a connexion, that subsection does not have effect with respect to the provisions of those laws.

             (4)  In so far as a law of a State has effect in another State, subsection (1) of this section operates to make the provisions of that law applicable in or in relation to a Commonwealth place in that other State.

             (5)  Subsection (1) of this section does not:

                     (a)  have effect so as to impose any tax;

                     (b)  have effect so as to confer any judicial power; or

                     (c)  extend to the provisions of any law of a State in so far as it is not within the authority of the Parliament to make those provisions applicable in or in relation to a Commonwealth place.

             (6)  The regulations may provide that such of the provisions referred to in subsection (1) of this section as are specified in the regulations do not apply, or shall be deemed not to have applied, by reason of this section or so apply, or shall be deemed to have so applied, with such modifications as are specified in the regulations.

             (7)  Regulations shall not be made for the purpose of the last preceding subsection modifying the applied provisions in their application in or in relation to a Commonwealth place except in so far as the modifications are necessary or convenient to enable the applied provisions to operate in or in relation to that place.

             (8)  For the purposes of the last two preceding subsections, modification includes the omission or addition of a provision or the substitution of a provision for another provision.

             (9)  Any reference in a law of the Commonwealth (including the applied provisions) to a law of a State shall, if any part of the applied provisions corresponds to that law, be read as including a reference to that part.

           (10)  Any reference in the applied provisions to a law of a State shall, if there is not any part of the applied provisions that corresponds to that law, be read as a reference to that law.

           (11)  Any reference in a part of the applied provisions to a conviction, punishment, penalty or forfeiture under the applied provisions shall be deemed to include a reference to a conviction, punishment, penalty or forfeiture under the law of a State that corresponds to that part.

           (12)  Where:

                     (a)  there is not in force an arrangement with the Governor of a State under subsection (2) of section 6 of this Act;

                     (b)  a law of that State provides that an act may or shall be done by an authority of the State; and

                     (c)  a part of the applied provisions corresponds to that law;

that authority is empowered to do that act under that part of the applied provisions.

           (13)  Without limiting the effect of any of the preceding provisions of this section, it is declared that the powers of a person under the applied provisions may be exercised in a Commonwealth place in a State in respect of an act done in that State notwithstanding that the act was not done in or in relation to that place and the applied provisions as having effect in or in relation to that place have effect in relation to anything done by a person in the exercise of a power referred to in this subsection.

           (14)  Without limiting the effect of any other law of the Commonwealth, it is declared that the powers of a person under the law of a State may be exercised in that State in respect of an act done in that State notwithstanding that the act was done in or in relation to a Commonwealth place and the provisions of the laws of the State have effect in relation to anything done by a person in the exercise of a power referred to in this subsection.

5  Application of certain provisions of Commonwealth Acts to applied provisions

             (1)  The Acts Interpretation Act 1901 does not apply in relation to the applied provisions.

             (2)  Sections 4A, 4AA, 4AB, 4B, 4D to 4K (inclusive) and 6 of the Crimes Act 1914 do not apply in relation to, or in relation to matters arising under, the applied provisions.

          (2A)  Part IC of the Crimes Act 1914 does not apply to a member of the police force of a State in relation to, or in relation to matters arising under, the applied provisions.

          (2B)  Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, the applied provisions.

             (3)  Where there is in force an arrangement with the Governor of a State under subsection (2) of the next succeeding section, the provisions of the Acts set out in the Schedule to this Act do not apply to or in relation to matters arising under the applied provisions having effect in or in relation to a Commonwealth place in that State.

          (3A)  However, subsection (3) does not prevent the application of a relevant Crimes Act provision in relation to an investigation by a member of the Australian Federal Police, or a special member, if the Commonwealth Place is a designated State airport.

             (4)  Paragraph 6(1)(e) of the Director of Public Prosecutions Act 1983 applies, in relation to a State to which subsection (3) applies, only to proceedings instituted under the applied provisions by:

                     (a)  the Director of Public Prosecutions;

                     (b)  an officer of, or a person employed by, the Commonwealth or a body established by or under an Act or by or under a law of a Territory (other than the Northern Territory); or

                     (c)  a person holding office under an Act or under a law of a Territory (other than the Northern Territory).

6  Arrangements with States

             (1)  Except as provided by the regulations made for the purpose of subsection (6) of section 4 of this Act, nothing in this Act has the effect of creating an office, body, court or other tribunal.

             (2)  The Governor‑General may make an arrangement with the Governor of a State for or in relation to the exercise or performance of a power, duty or function (not being a power, duty or function involving the exercise of judicial power) by an authority of the State under the applied provisions having effect in or in relation to a Commonwealth place in that State and, where such an arrangement is in force, the power, duty or function may or shall, as the case may be, be exercised or performed accordingly.

             (3)  The Governor‑General may make an arrangement with the Governor of a State with respect to any matter necessary or convenient for the purpose of carrying out or giving effect to this Act in or in relation to the State.

             (4)  An arrangement under this section may contain such incidental or supplementary provisions as the Governor‑General and the Governor of the State think necessary.

             (5)  The Governor‑General may arrange with the Governor of a State with whom an arrangement is in force under this section for the variation or revocation of the arrangement.

             (6)  A copy of each instrument by which an arrangement under this section has been made, varied or revoked shall be published in the Gazette.

7  Jurisdiction of State courts

             (1)  The several courts of a State are, within the limits of their several jurisdictions, whether those limits are as to subject matter or otherwise, but disregarding any limitation that exists by reason of a place being a Commonwealth place, invested with federal jurisdiction in all matters arising under the applied provisions as having, or as having had, effect in or in relation to a Commonwealth place.

             (2)  The regulations that may be made for the purpose of subsection (6) of section 4 of this Act include regulations having the effect that provisions as modified by the regulations make provision for and in relation to investing a court of a State with federal jurisdiction, whether within the limits of its jurisdiction or otherwise.

8  Conditions subject to which State courts are invested with federal jurisdiction

             (1)  The jurisdiction with which courts are invested by the last preceding section or by regulations made for the purpose of subsection (6) of section 4 of this Act is invested subject to the following conditions and restrictions and no others:

                     (a)  a decision of such a court, whether in original or appellate jurisdiction, is not subject to appeal to Her Majesty in Council, whether by special leave or otherwise; and

                     (b)  where the law of a State prohibits any appeal from such a court, an appeal does not lie to the High Court from a decision of that court unless the High Court grants special leave to appeal.

             (2)  Sections 39 and 68 of the Judiciary Act 1903‑1969, and any other law of the Commonwealth that was passed or made before the commencement of this Act, do not, and, unless the contrary intention appears, any law of the Commonwealth that is passed or made after the commencement of this Act does not, operate so as to invest a court of a State with federal jurisdiction in a matter arising under the applied provisions.

             (3)  Nothing in this Act affects the operation of section 38 of the Judiciary Act 1903‑1969.

             (4)  Sections 38A and 40A of the Judiciary Act 1903‑1969 do not apply in relation to a matter arising under the applied provisions or under a law of a State by reason only that it involves the application or interpretation of section 52 of the Constitution in relation to Commonwealth places.

             (6)  Sections 72 to 76 (inclusive) of the Judiciary Act 1903‑1969 do not apply to or in relation to a trial in a court of a State for an offence against any part of the applied provisions.

9  Causes of action

                   Where an act or omission gives, or gave, to a person a cause of action under a part of the applied provisions and also gives, or gave, to that person a cause of action under the law of a State to which that part corresponds and the cause of action under the law of the State has been extinguished, the cause of action under the applied provisions is also extinguished.

10  Validation of certain acts

                   Where an authority of a State or a person has purported to do an act under a law of a State in or in relation to a Commonwealth place and:

                     (a)  that law was inapplicable by reason of the operation of section 52 of the Constitution in relation to that Commonwealth place; and

                     (b)  a part of the applied provisions corresponded to that law;

that act shall be deemed to have been done under that part of the applied provisions.

11  Form of instruments

                   In so far as an instrument or other writing that relates to an act, matter or thing that has a connexion with a Commonwealth place in a State refers to a law of that State and:

                     (a)  that law is inapplicable by reason of the operation of section 52 of the Constitution in relation to Commonwealth places; and

                     (b)  a part of the applied provisions corresponds to that law;

that reference has effect as if it were a reference to that part of the applied provisions.

12  Procedure in proceedings under the applied provisions

             (1)  Subject to this Act, proceedings (whether civil or criminal and whether original or appellate) under any part of the applied provisions shall be instituted and conducted in the same manner as though they were proceedings under the law of the State to which that part corresponds and all other proceedings in relation to any such proceedings (including declining to proceed further in a prosecution) shall also be taken as though the first‑mentioned proceedings were proceedings under that law.

             (2)  Where there is not in force an arrangement with the Governor of a State under subsection (2) of section 6 of this Act, the last preceding subsection does not prevent the institution or conduct, in accordance with a law of the Commonwealth other than this Act, of proceedings under any part of the applied provisions having effect in or in relation to Commonwealth places in that State.

             (3)  The trial on indictment of an offence against any part of the applied provisions shall be by jury.

13  Objection not allowable where two offences charged

                   Objection shall not be allowed in any proceedings in which an offence is alleged against a part of the applied provisions by reason only that an offence is also alleged against a law of a State to which that part corresponds.

14  Continuance of proceedings where place found to be a Commonwealth place

                   Where a person is charged with an offence against a law of a State and the court before which he or she is charged is satisfied that:

                     (a)  that law is inapplicable by reason of the operation of section 52 of the Constitution in relation to Commonwealth places; and

                     (b)  a part of the applied provisions corresponds to that law;

the proceedings shall be continued as though that person had been charged with the corresponding offence under that part of the applied provisions.

15  Proceedings on certain appeals

                   Where, on an appeal from a judgment, decree, order or sentence of a court of a State or Territory in proceedings under a law of a State, not being an appeal to the High Court, the court is satisfied that:

                     (a)  that law was inapplicable by reason of the operation of section 52 of the Constitution in relation to Commonwealth places; and

                     (b)  a part of the applied provisions corresponds to that law;

the court shall deal with the appeal as though the proceedings in relation to which the appeal was brought had been brought under that part of the applied provisions and the judgment, decree, order or sentence had been given or made in proceedings so brought.

16  Exceptions to appellate jurisdiction of High Court

                   Unless the High Court gives special leave to appeal, an appeal does not lie to the High Court from a judgment, decree, order or sentence of:

                     (a)  a Justice of the High Court;

                     (b)  a federal court other than the High Court; or

                     (c)  a court of a State or Territory;

if any ground relied upon in support of the appeal involves a question as to the operation or interpretation of section 52 of the Constitution in relation to a place (not being the seat of government).

17  Certificates as to ownership of land

             (1)  A certificate in writing given by an authorized person:

                     (a)  as to the ownership of land, or of an estate or interest in land, specified in the certificate, on a date or during a period so specified; or

                     (b)  as to the existence and ownership, on a date or during a period specified in the certificate, of a right so specified in respect of land so specified;

is, in proceedings under, or purporting to be under, any part of the applied provisions, evidence of the matters stated in the certificate.

             (2)  For the purposes of the last preceding subsection:

                     (a)  an authorized person is a person in respect of whom there is in force for the time being a delegation of any power under section 139 of the Lands Acquisition Act 1989; and

                     (b)  a writing purporting to be a certificate referred to in that subsection shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

18  Grant of pardon, remission etc.

             (1)  Where there is in force an arrangement with the Governor of a State under subsection (2) of section 6 of this Act, an authority of that State may exercise or perform, in relation to a person convicted under any of the applied provisions having, or having had, effect in or in relation to a Commonwealth place in that State, the same powers and functions as it would have been empowered to exercise or perform under the laws of the State if the offence had been committed in the State otherwise than in a Commonwealth place.

             (2)  Nothing in this section affects any power or function of the Governor‑General.

19  Savings

             (1)  If, by reason of a place ceasing, or having ceased, to be a Commonwealth place at a particular time, the applied provisions cease, or ceased, to have effect in or in relation to that place:

                     (a)  the previous operation of any part of the applied provisions that had effect in or in relation to that place immediately before that time is not affected;

                     (b)  any right, privilege, obligation or liability acquired, accrued or incurred under any part of those provisions is not affected;

                     (c)  any penalty, forfeiture or punishment incurred in respect of an offence against any part of those provisions is not affected;

                     (d)  any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment referred to in either of the last two preceding paragraphs is not affected; and

                     (e)  any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the applied provisions had not so ceased to have effect.

             (2)  If, upon a place becoming, or having become, a Commonwealth place, a law of a State ceases, or ceased, to have effect in or in relation to that place:

                     (a)  the previous operation of that law or anything duly done or suffered under that law is not affected;

                     (b)  any right, privilege, obligation or liability acquired, accrued or incurred under that law is not affected;

                     (c)  any penalty, forfeiture or punishment incurred in respect of an offence committed against that law is not affected;

                     (d)  any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment referred to in either of the last two preceding paragraphs is not affected; and

                     (e)  any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not so ceased to have effect.

             (3)  It is not the intention of either of the last two preceding subsections to affect the operation of a law of a State.

20  Certain payments to be made by Commonwealth to States

             (1)  The Commonwealth shall, from time to time, pay to a State an amount equal to each amount received by the Commonwealth under the applied provisions having effect in or in relation to Commonwealth places in that State.

             (2)  The last preceding subsection does not have effect with respect to an amount received under the applied provisions having effect in or in relation to Commonwealth places in a State during a period in respect of which there is not in force an arrangement with the Governor of that State under subsection (2) of section 6 of this Act.

             (3)  There shall be deducted from an amount payable to a State under subsection (1) of this section in respect of a period any amount paid by the Commonwealth during that period under the applied provisions referred to in that subsection.

             (4)  The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of subsection (1) of this section.

21  Financial Management and Accountability Act not to apply to certain receipts

                   The Financial Management and Accountability Act 1997 does not apply in relation to an amount received by an authority of a State under the applied provisions having effect in or in relation to Commonwealth places in that State.

22  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.


The ScheduleInapplicable provisions of certain Acts

Section 5(3)

              1.  Part IAA (other than section 3Z), and sections 9, 13, 15, 15A, 15B and 15C, and, all the provisions of Divisions 1 to 9 (inclusive) of Part IB, sections 20C, 21B and 21E and Part ID of the Crimes Act 1914.

              2.  Sections 69, 70, 71 and 71A of the Judiciary Act 1903‑1969.

              3.  Paragraphs 6(1)(a), (b), (baa), (ba) and (f), subsections 9(1), (3), (3A), (4) and (5) and section 11 of the Director of Public Prosecutions Act 1983.


Notes to the Commonwealth Places (Application of Laws) Act 1970

Note 1

The Commonwealth Places (Application of Laws) Act 1970 as shown in this compilation comprises Act No. 121, 1970 amended as indicated in the Tables below.

Subsection 2(2)—This Act came into effect in all States from and including 30 November 1970 (see Gazette 1970, p. 7941).

All relevant information pertaining to application, saving or transitional provisions prior to 24 November 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Commonwealth Places (Application of Laws) Act 1970

121, 1970

11 Nov 1970

11 Nov 1970

 

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Statute Law (Miscellaneous Amendments) Act (No.2) 1982

80, 1982

22 Sept 1982

Part XVII (ss. 45, 46): (a)

Director of Public Prosecutions (Consequential Amendments) Act 1983

114, 1983

14 Dec 1983

Sections 5 and 6: 5 Mar 1984 (see s. 2(1) and Gazette 1984, No. S55)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

Ss. 3 and 6(1): 22 Nov 1984

S. 6(1)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1986

168, 1986

18 Dec 1986

Ss. 3 and 5(1): Royal Assent

S. 5(1)

Law and Justice Legislation Amendment Act 1988

120, 1988

14 Dec 1988

Ss. 21 and 22: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S54)

Lands Acquisition (Repeal and Consequential Provisions) Act 1989

21, 1989

20 Apr 1989

Ss. 4 and 13: 9 June 1989 (see s. 2 and Gazette 1989, No. S185)

S. 13

Crimes Legislation Amendment Act (No. 2) 1989

4, 1990

17 Jan 1990

S. 34: 17 July 1990

Law and Justice Legislation Amendment Act 1992

22, 1992

13 Apr 1992

S. 3: (b)

Crimes Legislation Amendment Act 1992

164, 1992

11 Dec 1992

S. 52: 8 Jan 1993

Crimes (Search Warrants and Powers of Arrest) Amendment Act 1994

65, 1994

30 May 1994

30 Nov 1994

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 5 (item 41): Royal Assent

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (item 635): 1 Jan 1998 (see s. 2(2) and Gazette 1997, No. GN49)

Commonwealth Places (Consequential Amendments) Act 1998

23, 1998

17 Apr 1998

17 Apr 1998

Crimes Amendment (Forensic Procedures) Act 1998

96, 1998

23 July 1998

Schedule 3 (item 1): 23 Jan 1999

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Schedule 2 (items 142, 143, 418, 419): 24 May 2001

Sch. 2 (items 418, 419) [see Table A]

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

S. 4(1) and (2): (c)
Schedule 51 (items 1–3): 15 Dec 2001 (c)

S. 4(1) and (2) [see Table A]

Crimes Legislation Enhancement Act 2003

41, 2003

3 June 2003

Schedule 3 (items 1, 7, 36, 42): Royal Assent
Schedule 3 (item 15): (d)

Sch. 3 (item 42) [see Table A]

Judiciary Legislation Amendment Act 2006

151, 2006

7 Dec 2006

7 Dec 2006

Aviation Crimes and Policing Legislation Amendment Act 2011

1, 2011

2 Mar 2011

Schedule 2 (items 2–8): 30 Mar 2011

Sch. 2 (item 8) [see Table A]


(a)     The Commonwealth Places (Application of Laws) Act 1970 was amended by Part XVII (sections 45 and 46) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(6) of which provides as follows:

                 (6)    Part XVII, Division 2 of Part XVIII and Parts XXII, XXIII and LXIV shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 8 of the Crimes Amendment Act 1982.

         Section 8 commenced on 16 December 1985.

(b)     Section 2 of the Law and Justice Legislation Amendment Act 1992 provides as follows:

                 (1)   Subject to this section this Act commences on the day on which it receives the Royal Assent.

                 (2)   The amendment of the Commonwealth Places (Application of Laws) Act 1970 made by this Act is taken to have commenced on 1 November 1991.

(c)     The Commonwealth Places (Application of Laws) Act 1970 was amended by Schedule 51 (items 1–3) only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsections 2(1)(a) and (3) of which provide as follows:

                 (1)   Subject to this section, this Act commences at the later of the following times:

                              (a)   immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

                 (3)   Schedules 21 and 51 commence on the day mentioned in subsection 2.2(2) of the Criminal Code.

         Item 15 commenced on 24 May 2001.

(d)     The Commonwealth Places (Application of Laws) Act 1970 was amended by the Crimes Legislation Enhancement Act 2003, subsection 2(1) (item 16) of which provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

16.  Schedule 3, item 15

Immediately after the amendment of the Commonwealth Places (Application of Laws) Act 1970 by the Law and Justice Legislation Amendment Act 1992 is taken to have commenced

1 November 1991


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

 

Provision affected

How affected

 

S. 3 .....................................

am. No. 1, 2011

S. 4 .....................................

am. No. 23, 1998

Heading to s. 5 .................

rs. No. 1, 2011

S. 5 .....................................

am. No. 168, 1986; No. 120, 1988; Nos. 22 and 164, 1992; No. 137, 2000; No. 24, 2001; No. 41, 2003; No. 1, 2011

S. 8 .....................................

am. No. 151, 2006

S. 14 ...................................

am. No. 43, 1996

Ss. 15, 16 ...........................

am. No. 216, 1973

S. 17 ...................................

am. No. 21, 1989

Heading to s. 21 ...............

am. No. 152, 1997

S. 21 ...................................

am. No. 152, 1997

The Schedule

 

The Schedule ...................

am. No. 80, 1982; No. 114, 1983; No. 165, 1984; No. 168, 1986; No. 4, 1990; No. 65, 1994; No. 96, 1998; No. 24, 2001; No. 41, 2003


Table A

Application, saving or transitional provisions

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional—pre‑commencement offences

(1)       Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)       Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional—pre‑commencement notices

If:

                     (a)  a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

                     (b)  any or all of those other provisions are repealed by this Schedule; and

                     (c)  the first‑mentioned provision is amended by this Schedule;

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

 

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4  Application of amendments

             (1)  Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Crimes Legislation Enhancement Act 2003 (No. 41, 2003)

Schedule 3

42  Saving provision

(1)       The amendments made by this Schedule do not invalidate:

                     (a)  an instrument made under, or referring to, a Part of the Crimes Act 1914 whose heading is repealed and substituted by this Schedule; or

                     (b)  anything done under such an instrument or such a Part.

(2)       Subitem (1) has effect whether the instrument was made, or the thing was done, before or after this Act received the Royal Assent.

 

Aviation Crimes and Policing Legislation Amendment Act 2011 (No. 1, 2011)

Schedule 2

8  Application

            The amendment made by item 7 applies, on and after the day the item commences, in relation to offences committed, or suspected to have been committed, before, on or after that day.