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This is a Bill, not an Act. For current law, see the Acts databases.
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
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
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:
This Act may be cited as the Statute Stocktake Act 1999.
(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.
(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.
(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.
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
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
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
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 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 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
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
Queensland
Beef Cattle Roads Agreement Act 1962
Re-establishment
and Employment Act 1945
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
Urban
Public Transport (Research and Planning) Act 1974
Weipa
Development Agreement Act 1965
2
Saving for the Environment (Financial
Assistance) Act 1977
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.
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
Repeal the section, substitute:
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.
Repeal the section.
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
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.
Repeal the paragraph, substitute:
(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
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
Repeal the paragraph.
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
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”.
19
Paragraph (e) of Schedule 1
Omit “Taxation (Unpaid Company Tax) Assessment Act
1982”.
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
Repeal the section.
Freedom
of Information Act 1982
Omit “Gift Duty Assessment Act 1941, subsections 10(2) and
(5)”.
Omit “Stevedoring Industry Charge Assessment Act 1947,
subsections 10(2) and (5)”.
Income
Tax Assessment Act 1936
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.
Omit “the Taxation (Unpaid Company Tax) Assessment Act 1982 or
of”.
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.
Omit “, (h), (j)”.
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
Omit “applies”, substitute “applied”.
Part
8—Amendment relating to the
States Grants (Roads Interim Assistance) Act 1977
States
Grants (Roads) Act 1977
Repeal the subsection.
Part
9—Amendment relating to the
Tuberculosis Act 1948
Aged
or Disabled Persons Care Act 1954
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.
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.
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.
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.
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
Repeal the subsection.
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
Repeal the paragraph.
50
Subsection 221A(1) (paragraph (e) of the definition of
salary or
wages)
Repeal the paragraph.
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.
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.
After “Re-establishment and Employment Act 1945-1952”,
insert “(immediately before its repeal)”.
Omit “is”, substitute “was”.
After “Re-establishment and Employment Act 1945-1952”,
insert “(immediately before its repeal)”.
Omit “Part III of the Re-establishment and Employment Act
1945-1952 or”.
Omit “Part or”.
Part
11—Amendment relating to the
Merchant Shipping Act, 1894 (Imperial)
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”.