Schedule 4 Repeal of redundant or obsolete legislation
(see s 6)
Part 4.1 Institute for the Study of Man and Society Incorporation Act 1968
This part repeals an Act that is no longer needed.
The Institute for the Study of Man and Society Incorporation Act 1968 provided for the incorporation of the institute known as The Institute for the Study of Man and Society.
The institute was set up by an organisation called Australian Frontier (itself established by the Australian Council of Churches as an independent body) to promote the understanding and study of society. Incorporation of the institute was part of the preparatory work for the institute undertaken in the late 1960s and early 1970s. Other preparatory work included defining the objects, structure and methods of the institute, identifying the buildings and resources needed and fundraising. Land was granted to the institute by the National Capital Development Commission for the construction of buildings for the institute.
Though enough funds were raised for the building, there were insufficient funds for ongoing costs. As the Reverend Frank Engel states in his book 21 years of Australian Frontier (published in 1988 by Australian Frontier) ‘in spite of the generous support of a number of individuals, groups and companies, it was not surprising, indeed it was inevitable, that in 1974 the Australian Frontier Commission had to decide that the time had come to abandon the plan for an Institute in Canberra and to surrender the choice site to the National Capital Development Commission' (p 73).
As the institute ‘never became a reality' (Engel op cit ), the Act has no ongoing operation and can be repealed. Its previous operation is saved by this Act, section 6 (2) (Legislation repealed—sch 4).
Institute for the Study of Man and Society Incorporation Act 1968 A1968-35
Part 4.2 Judgment Creditors Remedies Act 1933
This part repeals an Act that is no longer needed.
The Judgment Creditors Remedies Act 1933 deals with the enforcement of High Court judgments. It provides that a person in whose favour a High Court judgment is given is entitled to the same remedies for enforcement against a judgment debtor's ACT property or a judgment debtor resident or present in the ACT that a person in whose favour an ACT Supreme Court judgment is given.
The Act is no longer necessary because the Commonwealth has legislated in the Judiciary Act 1903 (Cwlth), section 77M (Enforcement of judgments) to the same effect.
Judgment Creditors Remedies Act 1933 A1933-8
Part 4.3 Spent Convictions Regulations 2003
This part repeals regulations that are no longer needed.
The Spent Convictions Regulations 2003 are made obsolete by an amendment in this Act, schedule 3 of the Spent Convictions Act 2000 , dictionary, definition of "law enforcement agency", paragraph (f).
Spent Convictions Regulations 2003 SL2003-15
Part 4.4 Registrable instruments that are no longer needed
This part repeals registrable instruments that are spent. Any ongoing effect of the instruments is preserved by section 6.
Registrable instruments made since 12 September 2001 are required to be notified on the ACT legislation register. To assist users of the register to find the current law more easily, registrable instruments are divided in the register between current and repealed instruments, as is the case with Acts. To avoid unnecessary clutter in the current instruments on the register, the Legislation Act, section 89 provides for the automatic repeal of certain instruments once they are spent. However, not all spent instruments are automatically repealed, for example, if the instrument contains a substantive provision. Accordingly, this part of the schedule repeals some spent instruments made since 12 September 2001.
The Parliamentary Counsel's Office has started a process of including in the legislation register registrable instruments made before 12 September 2001. The office is giving priority in the current financial year to including all earlier disallowable instruments on the register. An amendment to the Legislation Act in schedule 2 will make it clear that the automatic repeal provisions apply to registrable instruments whenever they were made. This will enable many earlier spent registrable instruments to be included in the repealed, rather than the current, part of the register as they are backcaptured. Accordingly, this part of the schedule also provides for the repeal of the ‘backcaptured instruments' identified so far as being spent.
Division 4.4.1 ACTION Authority Act 2001 —disallowable instrument—s 36
• Transfer of Employees to ACTION Authority DI2002-3
Division 4.4.2 Independent Competition and Regulatory Commission Act 1997 —disallowable instruments—s 15, s 16
• Reference for an investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-65
• Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-69
• Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-291
• Industry reference for investigation into full retail contestability for electricity DI2001-346
• Independent Competition and Regulatory Commission Reference for Investigation DI2002-11
• Independent Competition and Regulatory Commission (Reference for Investigation) 2002 (No 2) DI2002-185
• Independent Competition and Regulatory Commission (Reference for Investigation) Determination 2002 (No 3) DI2002-227
Division 4.4.3 Legislative Assembly (Members' Staff) Act 1989 —disallowable instruments— s 5, s 6, s 10, s 11
• Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) DI2001-161
• Arrangements under sub-section 10 (2) for the employment of staff by members DI2001-169
• Arrangements under sub-section 5 (2) for the employment of staff by the Speaker DI2001-170
• Terms and conditions of employment of staff of members pursuant to section 11 (2) 2002 (No 2) DI2002-209
• Terms and conditions of employment of staff of the Speaker pursuant to section 6 (2) 2002 (No 2) DI2002-210
• Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) 2002 (No 2) DI2002-211
Division 4.4.4 Utilities Act 2000 —disallowable instruments—s 61, s 65
• Utilities (Dam Safety Code) Variation Determination 2003 DI2003-27
• Utilities (Emergency Planning Code) Determination 2003 DI2003-32
• Utilities (Variation of Franchise Customer
Electricity Metering Code) Approval 2003 (No 1) DI2003-256