Northern Territory Explanatory Statements

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LEGISLATION REPEAL BILL 2005

EXPLANATORY STATEMENT


GENERAL OUTLINE

The purpose of this Bill is to repeal obsolete and redundant legislation that remains on the “statute book”, although its effect is either spent or it is no longer required.

This includes consequential amendment Acts, and statute law revision Acts. These Acts make amendments to other Acts – either as a consequence of passage of another Act, or as a “housekeeping” exercise to correct errors such as typing or grammatical errors, or references to other Acts that may have been repealed or may have changed name.

Also included are a number of validation Acts. These Acts validate some action taken or decision made which may have been in doubt due to some administrative or other oversight.
These Acts are spent as soon as they commence.

It is current practice to include an expiry clause in these Acts so that they automatically expire the day after they commence, but this has not been the practice in the past. In order to omit these Acts from the statute book, they must be formally repealed.

Also included for repeal are some old South Australian Acts still applying in the Northern Territory, even though they have long ago ceased to have any relevance or their subject matter has been overtaken by the Commonwealth. Most, if not all, have long since been repealed in South Australia. These Acts no longer have any practical effect in the Northern Territory.

NOTES ON CLAUSES

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Legislation Repeal Act 2005.

Clause 2. Amendment of the Motor Vehicles Amendment Act 1989.

This clause repeals Section 14 of the Motor Vehicles Amendment Act 1989.

This section of the amendment Act has not been commenced.

Section 14 of the Motor Vehicles Amendment Act 1989 was a result of national reform objectives, and would replace Part VIA with a new Part VIA titled “Design Rules and Certification Plates”. Its purpose was to formally adopt the Australian Design Rules. Instead, the Australian Design Rules have now been adopted by the Territory under the Motor Vehicles (Standards) Regulations.

It is not intended to ever commence this section.

Clause 3. Repeals

This clause provides for the repeal of Acts that are set out in two schedules. Schedule 1 sets out Northern Territory Acts that are to be repealed. Schedule 2 sets out those South Australian Acts that still apply in the Northern Territory that are repealed.

Schedule 1.

Appropriation (Adelaide to Darwin Railway) Act 2000
The purpose of this Act was to authorise the issue and expenditure of public moneys of the Territory to contribute to the construction of the Adelaide to Darwin railway.
This Act is spent.
Araluen Arts and Cultural Trust Act Repeal Act 1986
This Act repealed the Araluen Arts and Cultural Trust Act.
This Act is spent.
Births, Deaths and Marriages Registration (Consequential Amendments) Act 1996
This Act made amendments to other Acts which were consequential to amendments to the principal Act.
This Act is spent.
Business Franchise (Suspension of Operation) Act 1998
This Act suspended the operation of the Business Franchise Act (originally the Business Franchise (Tobacco) Act 1981). This was due to the likely invalidity of the business franchise fee on tobacco, petroleum and liquor which became apparent after a 1997 High Court decision regarding the equivalent New South Wales legislation. The suspension was an interim measure whilst other arrangements were put in place.
As the Business Franchise Act (comprising the Business Franchise (Tobacco) Act 1981 and all subsequent amending Acts) is to be repealed, this Act is redundant.
Business Franchise (Tobacco) Act 1981
This Act provided for the licensing of certain wholesalers and retailers. The operation of this Act has been suspended since 1997 due to the likely invalidity of the business franchise fee on tobacco, petroleum and liquor which became apparent after a 1997 High Court decision regarding the equivalent New South Wales legislation.
    The Act is redundant.
    Business Franchise (Tobacco) Amendment Act 1984
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise (Tobacco) Amendment Act 1985
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise (Tobacco) Amendment Act 1987
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1988
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1989
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act (No. 2) 1989
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1990
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1991
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1992
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1993
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act (No. 2) 1993
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Business Franchise Amendment Act 1995
    The repeal of this Act is a necessary consequence of the repeal of the principal Act.
    Corporations Reform (Consequential Amendments NT) Act 2001
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Criminal Property Forfeiture (Consequential Amendments) Act 2002
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Crown Lands (Validation of Leases) Act 1977
    This Act revoked certain reservations and purported reservations of land and validated certain leases. The Act was made at the request of the Commonwealth to correct potential anomalies arising from errors contained in proclamations creating, resuming or revoking certain reserves between 1892 and 1948.
    This Act is spent.
    Crown Lands (Validation of Proclamations) Act 1976
    This Act preserved proclamations relating to Counties, Hundreds, Towns, Town Lands and Reserved Lands which were made under Northern Territory Ordinances, or South Australian Acts having effect in the Northern Territory, between 1871 and 1931. This was necessary because the Crown Lands Ordinance 1924 repealed the Northern Territory Crown Lands Act 1890 of South Australia without saving any proclamations made under that repealed legislation.
    This Act deemed such proclamations (as were still relevant) to have been made under the Crown Lands Ordinance 1931 (which was subsequently repealed by the Crown Lands Act 1992 – with appropriate savings provisions).
    This Act is spent.
    De Facto Relationships (Miscellaneous Amendments) Act 1991
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Dental (Consequential Amendments) Act 1991
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Director of Public Prosecutions (Consequential Amendments) Act 1990
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Electoral (Consequential Amendments) Act 2004
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Financial Institutions (Miscellaneous Amendments) Act 1997
    This Act made amendments to other Acts which were consequential to the repeal of the principal Act.
    This Act is spent.

    Financial Institutions (NT) (Consequential Amendments) Act 1992
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Financial Management (Consequential Amendments) Act 1995
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Fines and Penalties (Recovery) (Consequential Amendments) Act 2001
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Fire and Emergency (Consequential Amendments) Act 1996
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Juvenile Justice (Consequential Amendments) Act 2001
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Land Title (Consequential Amendments) Act 2000
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Lands and Mining (Miscellaneous Amendments) Act 1999
    This Act made amendments to other Acts which were consequential to passage of the Native Title Act 1998 (Cwth).
    This Act is spent.
    Law of Property (Consequential Amendments) Act 2000
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Legislative Assembly (Speaker) Act 1974
    This Act provided for the exercise in certain circumstances of statutory powers and functions of the Speaker.
    Sections 24, 25 and 26 of the Northern Territory (Self Government) Act (Cwth) make provision for the elections of a Speaker and the continuation of office of the Speaker, and appointment by the Legislative Assembly of an acting Speaker.
    These provisions override the provisions of the Legislative Assembly (Speaker) Act.
    The Act is redundant.
    Local Court (Consequential Amendments) Act 1989
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Local Court (Consequential Amendments) Act 1990
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Local Government (Consequential Amendments) Act 1993
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Local Government (Validation) Act 1996
    This Act validated the election and subsequent action in office of members of some community government councils, which were in potential doubt due to certain administrative oversights or errors.
    This Act is redundant.
    Maintenance Act 1971
    The Family Law Act 1975 (Cwth) covers matters previously dealt with in this Act.
    This Act is redundant.
    Marriage Validating Act 1913
    This Act validated marriages conducted by a Mr Lapthorne between 7 May 1913 and 16 August 1913. The Act also backdated his enrollment as an Officiating Minister authorized to celebrate marriages in the Northern Territory under the Marriage Act 1867 of South Australia from 16 August 1913 to 7 May 1913.
    This Act is spent.

    Medical (Consequential Amendments) Act 1995
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Mental Health and Related Services (Consequential Amendments) Act 1999
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Mining Management (Consequential Amendments) Act 2001
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Misuse of Drugs (Consequential Amendments) Act 2002
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Mt Todd Project Agreement Ratification Act 1993
    The Mt Todd project agreement is in the process of being terminated.
    The Act is redundant.
    Native Title (Consequential Amendments) Act 1994
    This Act made amendments to other Acts which were consequential to passage of the Native Title Act 1994 (Cwth).
    This Act is spent.
    Northern Territory Employment and Training Authority (Consequential Amendments) Act 1999
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Northern Territory Employment and Training Authority (Consequential Amendments) Act 2002
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.


    Parks and Wildlife Commission (Consequential Amendments) Act 1995
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Pastoral Land (Consequential Amendments) Act 1992
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Planning (Consequential Amendments) Act 1993
    This Act made amendments to other Acts which were consequential to passage of the principal Act. This Act is spent.
    Planning (Consequential Amendments) Act 1999
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Public Sector Employment and Management (Consequential Amendments) Act 1993
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Racing and Gaming Authority Act Repeal Act 1999
    This Act repealed the Racing and Gaming Authority Act.
    This Act is spent.
    Registration (Consequential Amendments) Act 1991
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Residential Tenancies (Consequential Amendments) Act 1999
    This Act made amendments to other Acts which were consequential to the passage of the principal Act.
    This Act is spent.
    Sentencing (Consequential Amendments) Act 1996
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Sentencing (Consequential Amendments) Amendment Act 1996
    This Act made amendments to the Sentencing (Consequential Amendments) Act 1996.
    This Act is spent.
    Sentencing (Consequential Amendments) Act 2001
    This Act made amendments to other Acts which were consequential to amendments to the principal Act. This Act is spent.
    Statute Law Revision Acts:
    Statute Law Revision Acts make minor amendments to other Acts. Examples include amendments such as corrections of grammatical or spelling errors, correction of references where there has been a change of name of other Acts referred to, or where section numbers have changed. Current practice is to include an expiry clause in such Bills so they automatically expire, but this has not been the practice in the past.
    A Statute Law Revision Act is spent as soon as it commences.
    Statute Law Revision Act 1978
    This Act is spent.
    Statute Law Revision Act (No. 2) 1978
    This Act is spent.
    Statute Law Revision Act 1979
    This Act is spent.
    Statute Law Revision Act (No. 2) 1979
    This Act is spent.
    Statute Law Revision Act (No. 3) 1979
    This Act is spent.
    Statute Law Revision Act 1980
    This Act is spent.
    Statute Law Revision Act 1981
    This Act is spent.
    Statute Law Revision Act (No. 2) 1981
    This Act is spent.
    Statute Law Revision Act (No. 3) 1981
    This Act is spent.
    Statute Law Revision Act (No. 4) 1981
    This Act is spent.
    Statute Law Revision Act 1982
    This Act is spent.
    Statute Law Revision Act (No. 2) 1982
    This Act is spent.
    Statute Law Revision Act 1983
    This Act is spent.
    Statute Law Revision Act 1984
    This Act is spent.
    Statute Law Revision Act 1985
    This Act is spent.
    Statute Law Revision Act 1986
    This Act is spent.
    Statute Law Revision Act 1987
    This Act is spent.
    Statute Law Revision Act (No. 2) 1987
    This Act is spent.
    Statute Law Revision Act 1988
    This Act is spent.
    Statute Law Revision Act 1989
    This Act is spent.
    Statute Law Revision Act 1990
    This Act is spent.
    Statute Law Revision Act 1991
    This Act is spent.
    Statute Law Revision Act 1992
    This Act is spent.
    Statute Law Revision Act 1993
    This Act is spent.
    Statute Law Revision Act (No. 2) 1993
    This Act is spent.
    Statute Law Revision Act 1994
    This Act is spent.
    Statute Law Revision Act 1995
    This Act is spent.
    Statute Law Revision Act (No. 2) 1995
    This Act is spent.
    Statute Law Revision Act 1996
    This Act is spent.
    Statute Law Revision Act 1997
    This Act is spent.
    Statute Law Revision Act 1998
    This Act is spent.
    Statute Law Revision Act (No. 2) 1998
    This Act is spent.
    Statute Law Revision Act 1999
    This Act is spent.
    Statute Law Revision Act (No. 2) 1999
    This Act is spent.
    Statute Law Revision Act 2000
    This Act is spent.
    Statute Law Revision Act 2001
    This Act is spent.
    Statute Law Revision Act (No. 2) 2001
    This Act is spent.
    Statute Law Revision Act 2002
    This Act is spent.
    Statute Law Revision Act (No. 2) 2002
    This Act is spent.
    Statute Law Revision Act 2003
    This Act is spent.
    Statute Law Revision Act (No. 2) 2003
    This Act is spent.
    Statute Law Revision Act 2004
    This Act is spent.
    Statute Law Revision Act (No. 2) 2004
    This Act is spent.
    Statute Law Revision (Financial Provisions) Act 2002
    This Act is spent.
    Swimming Pool Fencing (Consequential Amendments) Act 2002
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Territory Insurance Office (Miscellaneous Amendments) Act 1998
    This Act amended various other Acts to allow investment with TIO in addition to other financial institutions.
    This Act is spent.
    Trustee (Consequential Amendments) Act 1996
    This Act made amendments to other Acts which were consequential to passage of the principal Act.
    This Act is spent.
    Uncollected Goods (Consequential Amendments) Act 2004
    This Act made amendments to other Acts which were consequential to the passage of the principal Act.
    This Act is spent.
    Unit Titles (Consequential Amendments – Building Development) Act 2001
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Validation (Conditions of Service) Act 1969
    This Act validated certain decisions made by the Minister of State administering the Northern Territory (Administration) Act 1910 (Cwth) relating to employment of public servants and appointments to various positions.
    This Act is spent.


    Waste Management and Pollution Control (Consequential Amendments) Act 1998
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.
    Water (Consequential Amendments) Act 1992
    This Act made amendments to other Acts which were consequential to amendments to the principal Act.
    This Act is spent.

    Schedule 2

    Section 7 of the Northern Territory Acceptance Act 1910 (Cwth) provides that all laws in force in the Northern Territory at the time of the transfer of the Territory from South Australia to the Commonwealth continue in force, but may be altered or repealed by or under any law of the Commonwealth.
    This meant that when the Territory ceased to be annexed to South Australia and became the responsibility of the Commonwealth in 1911, all South Australian statutes continued on in their application as laws of the Northern Territory.
    The majority of this legislation has, over the last 94 years, been repealed – either by the Commonwealth in the years prior to self-Government, or by the Northern Territory Legislative Assembly. Some however, remain on the “statute book”, even though Commonwealth legislation may now “cover the field”, or they are otherwise simply redundant.

    Trade Union Act, 1876
    This Act provided for the formation and registration of Trade Unions.
    These matters are now dealt with under the Workplace Relations Act 1996 (Cwth).
    This Act is redundant.
    Copyright Act, 1878
    This Act dealt with the Law of Copyright.
    These matters are now dealt with under the Copyright Act 1968 (Cwth).
    This Act is redundant.
    Conspiracy and Protection of Property Act, 1878
    The Act:
    · dealt with “conspiracy” in relation to trade disputes;
    · made it an offence to breach a contract of employment in certain circumstances
    · made it an offence for a “master” not to provide food etc for a “servant” in certain circumstances
    · made it an offence to intimidate or annoy etc a person in certain circumstances (by, for example, hiding their tools)
    The Act is redundant, and the concepts in the Act reflect mid 19th century working conditions.
    Trade disputes are now covered by the Workplace Relations Act 1996 (Cwth).
    This Act is redundant.
    The Masters and Servants Act, 1878
    The Act:
    · dealt with the taking of proceedings for breach of employment contracts
    · provides that wages are not payable to a person imprisoned under the provisions of the Act
    · includes such matters as “harboring a servant already employed”
    · allowed married women to take proceedings in their own name
    · provided for reimbursement of the costs of the Emigration Agent in London.
    The concepts in the Act reflect mid 19th century working conditions. Trade disputes are now covered by the Workplace Relations Act 1996 (Cwth).
    The Act is redundant,
    Carriers Act, 1891
    This Act provides that no mail contractor, stage coach proprietor or common carrier is liable for loss or injury to any article that is worth more that ten pounds, unless the value and nature of the article is declared at the time of delivery of the item to the carrier. Extra charges can be applied, as long as a sign has been posted. Various other exceptions and conditions are set out.
    The concepts in the Act reflect mid 19th century conditions.
    The Act is redundant.
    Homestead Act, 1895
    The Act “provide[d] a simple mode of securely settling homesteads for the benefit of settlors and their families”.
    The Act is redundant.
    Courts of Marine Inquiry Amendment Act, 1897
    This Act amended the law relating to Courts of Marine Inquiry, conducted under the South Australian Marine Board and Navigation Act 1881. The Act has no application in the Northern Territory.
    This Act is redundant.
    Transcontinental Railway Act, 1902
    This Act provided for the construction of a railway line from Oodnadatta to Pine Creek.
    The Act is redundant.
    The Northern Territory Mining and Smelting Company Limited's Iron Blow to Mount Ellison Tramway Act – Private Act, 1904
    This Private Act authorised the construction by a mining company of a “tramway” from the Iron Blow mine to the Mount Ellison smelter. The line was built in 1904, but went into disuse in 1906 and was never used again.
    The Act is redundant.


    Clause 4. Expiry

    This clause provides that the Act expires on the day after it commences. This effectively means that once all the Acts set out in the schedules (and the provision set out in clause 2) have been repealed, this Act is also repealed.

     

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