STATUTE STOCKTAKE BILL 1998

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

Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 8statsh1.html

Dairying Industry Research and Promotion Levy Collection Act 1972 8statsh1.html

Dairying Industry Research and Promotion Levy Collection Act 1978 8statsh1.html

Textiles, Clothing and Footwear Development Authority Act 1988 8statsh1.html

Transport Planning and Research (Financial Assistance) Act 1977 8statsh1.html

Part 1—Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985 8statsh1.html

Part 2—Amendment relating to the Commonwealth Legal Aid Act 1977 8statsh1.html

Part 3—Amendment relating to companies, futures and securities legislation 8statsh1.html

Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 8statsh1.html

Part 4—Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952 8statsh1.html

Part 5—Amendment relating to primary industry levies and charges 8statsh1.html

Taxation (Interest on Overpayments and Early Payments) Act 1983 8statsh1.html

Part 8—Amendment relating to the States Grants (Roads Interim Assistance) Act 1977 8statsh1.html

Part 10—Amendment relating to the Re-establishment and Employment Act 1945 8statsh1.html

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

1 Short title

2 Commencement

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(1) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(2) The repeal of an Act by this section does not affect the operation of any amendment of another Act made by the repealed Act.

Schedule 1—Acts repealed

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

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.

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.

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.

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

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.

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

(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

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

(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.

(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

Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980

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

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

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

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”.

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