This legislation has been repealed.
(1) This Act, and each substituted provision in Schedule 2, shall be read and construed subject to the Constitution, and so as not to exceed the legislative power in respect of the Territory, to the intent that where any part of this Act, or of such a provision, would, but for this subsection, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
(2) Nothing in section 3 or 4 affects the operation in the Territory of an Imperial Act that extends to, or has force or effect in, the Commonwealth as part of the law of the Commonwealth by express words or necessary implication.
SCHEDULE 1 Subsection 3 (1)
SUBSTITUTED PROVISIONS FOR CERTAIN APPLIED IMPERIAL ACTS
Column 1 Year and | Column 2 Subject-matter of Act |
Column 3 Provisions in Schedule 2 substituted for— | Column 4 Part of Schedule 2 where substituted provisions printed |
(1267) 52
Hen. 3 | Guardians, other than testamentary guardians, of children |
Whole Act | Part 1A |
(1267) 52 Hen. 3 c. 23 | Waste by tenant | Whole Act | Part 1 |
(1290) 18 Edw. 1, | Fee simple in land | Whole Act | Part 2 |
(1351) 25 Edw. 3,
| Duties of executor of executor | Whole Act | Part 3 |
(1357) 31 Edw. 3, | Duties of administrator on intestacy | Whole Act | Part 4 |
(1539) 31 Hen. 8 c. 1 |
Partition | Whole Act | Part 4A |
(1540) 32 Hen. 8 c. 16 |
Aliens | Whole Act | Part 5 |
(1540) 32 Hen. 8 c. 32 |
Partition | Whole Act | Part 4A |
(1540) 32 Hen. 8 c. 34 |
Covenants in lease run with reversion | Whole Act | Part 6 |
(1571) 13 Eliz. 1 c. 5 | Alienation of property to defraud creditors |
Whole Act | Part 7 |
(1585) 27 Eliz. 1 c. 4 | Alienation of property to defraud subsequent purchaser | Whole Act | Part 7 |
(1601) 43 Eliz. 1 c. 8 | Intermeddling in estate of intestate | Whole Act | Part 8 |
(1660) 12 Chas. 2 | Free and common socage tenure | Sections 1 and 4 | Part 9 |
(1666) 18 and 19 Chas. 2 c. 11 | Absence for 7 years evidence of death | Whole Act | Part 10 |
(1677) 29 Chas. 2 c. 3 | Instruments required to be in writing | Sections 1, 2, 3, 7, 8 and 9 | Part 11 |
(1678) 30 Chas. 2 c. 7 | Liability of estate of executor for waste | Whole Act |
Part 12 |
(1685) 1 Jas. 2 c. 17 | Administration of estate of intestate | Section 6 | Part 4 |
(1692) 4 Will. and Mary c. 24 | Liability of estate of personal representative for waste | Section 12 | Part 12 |
(1698) 11 Will. 3 c. 6 | Aliens may hold property | Whole Act | Part 6 |
(1707) 6 Anne c. 72 |
Proof of death of life-tenant, &c. | Whole Act | Part 11 |
(1709) 8 Anne c. 18 | Tenant for life may be sued for rent | Section 4 | Part 13 |
(1730) 4 Geo. 2 c. 28 | Renewals of head leases | Section 6 | Part 14 |
(1737) 11 Geo. 2 c. 19 |
Actions for use and occupation | Section 14 | Part 15 |
(1774) 24 Geo. 3 c. 78 | Liability for damage by fire | Section 86 | Part 15A |
(1792) 32 Geo. 3 c. 60 | Libel (Fox's Act) | Whole Act | Part 16 |
(1800) 39 and 40 Geo. 3 c. 93 | Trials for treason | Whole Act | Part 17 |
(1812) 52 Geo. 3 |
Powers of court in respect of charitable trusts | Whole Act | Part 18 |
(1816) 56 Geo. 3 | Return of writ of habeas corpus |
Whole Act | Part 19 |
(1819) 60 Geo. 3 and 1 Geo. 4 c. 8 |
Seizure of libellous papers | Whole Act | Part 20 |
(1874) 37 and 38 Vic. c. 37 | Appointments of property | Whole Act | Part 20A |
(1877) 40 and 41 Vic. c. 59 | Colonial stock | Sections 17 and 18 | Part 21 |