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Legislation Reform (Repeals No. 6) Bill
2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out that the main purpose of the Bill is to repeal spent Acts.
Clause 2 provides for the commencement of the Bill, which is to be the
day after the day on which the Act receives the Royal Assent.
Clause 3 provides for the Acts listed in the Schedule to be repealed.
Clause 4 provides for the automatic repeal of this Act on the first
anniversary of the day on which it receives the Royal Assent.
Once the repeals made by this Act have taken effect, this Act will
be spent.
SCHEDULE
Repeal of Acts
The Acts set out in the Schedule are spent or redundant.
The Acts to be repealed fall into 3 categories--
1 Spent Principal Acts
This Bill repeals the following Principal Acts. These Acts are no
longer required because they have taken effect and are spent or
redundant. Section 14 of the Interpretation of Legislation Act
1984 provides that the repeal of these Acts will not affect the
previous operation of, or anything done under, those Acts--
1.1 The Australian Mutual Provident Society's Act 1864
(No. 214)
This Act provided for Australian Mutual Provident Society,
which was established in New South Wales to extend the
operation of the business to Victoria. The Society could
sue and be sued in its corporate name and was granted
561358 1 BILL LA INTRODUCTION 9/12/2009
certain powers including the power to purchase and sell real
estate, to invest the Society's funds and property and to hold
real or personal estate as security for funds invested.
The Society became a registered publicly listed company in
1998 and is subject to the Corporations Act 2001 of the
Commonwealth and to the jurisdiction of the Australian
Investments and Securities Commission. The Society was
effectively demutualised and members obtained shares in
the company. AMP Limited has confirmed that it has no
objection to the repeal of the 1864 Act. The 1864 Act is
redundant and can be repealed.
1.2 Millewa Land Act 1911 (No. 2354)
Section 2 of this Act partly revoked Orders in Council
relating to reserved land used as endowments for State
Agricultural Colleges and Experimental Farms in the
county of Millewa. Under section 2 the land ceased to be
vested in trustees and was deemed to be unalienated Crown
land. Section 2 has come into effect and is spent. Section 3
provided for an annual payment to be made by the
Government to the trustees to compensate for loss of
rental for the land after commencement of the 1911 Act.
There are no trustees referred to in the 1911 Act. Section 3
is redundant. The 1911 Act can be repealed.
1.3 Walpeup West Lands Act 1927 (No. 3512)
Section 2 of this Act provided power for the Governor in
Council to lease certain unalienated Crown land situated in
the Walpeup West Waterworks District (described in the
Schedule) to persons holding adjoining land under certain
types of leases, providing each lessee first paid The Board
of Land and Works the value of any bore existing on the
land to be leased. This power is no longer required as there
are no such leases over land adjoining the land described in
the Schedule. Section 2 is consequently redundant.
Section 3 gave the Governor in Council power to reserve
land described in the Schedule if land adjoining that land
had previously been reserved under the Land Acts.
This power is no longer required as land described in the
Schedule may be reserved under the Crown Land
(Reserves) Act 1978. Section 4 gave power to the Board
of Land and Works (now abolished) to sell various fittings
and equipment on the lands described in the Schedule.
This power is no longer required. The 1927 Act is
redundant and can be repealed.
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1.4 Williamstown Temperance Hall Act 1928 (No. 3586)
This Act provided for the revocation in part of an Order in
Council permanently reserving land and the revocation of a
Crown grant over the whole of the land originally reserved.
The 1928 Act granted the part of the land still under
reservation to certain trustees of the Independent Order of
Rechabites as a site for a Temperance Hall. Under the
1928 Act the land subject to revocation reverted to
unalienated Crown land and was to be sold by public
auction. These provisions have taken effect and are now
spent. All of the land dealt with under the 1928 Act is now
under freehold ownership and the Independent Order of
Rechabites has advised that its borrowing power under
section 4(2) of the 1928 Act is no longer required.
The 1928 Act can be repealed.
1.5 Melbourne Orphanage Act 1940 (No. 4743)
This Act extended the objects of the Melbourne Orphanage
to encompass the maintenance of destitute children who
were not orphans. The 1940 Act provided that existing
funds and properties of the Melbourne Orphanage were to
be applicable to these children as well as orphan children.
These provisions have taken effect. The 1940 Act is
redundant and can be repealed.
1.6 Grace Joel Scholarship Act 1951 (No. 5575)
This Act related to a trust set up by Grace Joel, who gave
500 pounds on trust to the Trustees of the National Gallery
of Victoria (the trustees) upon her death in 1924 to found
"The Grace Joel Scholarship" for the painting of the nude.
The trustees awarded scholarships over a number of years.
Section 2 validated past actions of the trustees and will be
saved by section 14 of the Interpretation of Legislation
Act 1984. Requirements on and powers of the trustees are
no longer required as a result of a cy pres application in
1998, following which and the trust was transferred to the
Victorian College of the Arts becoming part of the Arts
School Awards Fund. The 1951 Act is redundant and can
be repealed.
1.7 Lands (Charitable Trusts) Act 1952 (No. 5622)
This Act provided that the trustees of certain land referred
to in the Lands (Charitable Trusts) Act 1951 could, with
the consent of the Attorney-General, transfer the land upon
which the Hampton Memorial Hall stood to the Returned
Sailors' Soldiers and Airmen's Imperial League of
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Australia. The Hampton Memorial Hall no longer exists
and the land is now under private ownership. The 1952 Act
is redundant and can be repealed.
1.8 Oldham Trusts Act 1953 (No. 5724)
The purpose of this Act was to ensure that money payable
under life insurance on the lives of Trevor Oldham and his
wife Kathleen was paid to the trustee who was to hold the
money on trust for the benefit of the Oldhams' 3 children
and that the insurer was given a discharge in respect of the
payment of the money. Mr and Mrs Oldham died not long
after taking out the life insurance in 1953. The money
payable under the policies was to be held and applied in
accordance with trusts for the children until they turned
21 years of age. The youngest of the Oldhams' children
would have turned 21 in 1974. The repeal of the 1953 Act
will not affect the validity of the trusts. The 1953 Act is
redundant and can be repealed.
1.9 Dental Hospital (Finance) Act 1957 (No. 6142)
The purpose of this Act was to provide for the University of
Melbourne to have the power to borrow up to 1·5 million
pounds to provide a dental hospital and dental school
secured on the revenues of the University. The 1957 Act
also provided for the Treasurer to be able to guarantee
repayment of any money borrowed and to enter into
agreements with the University to pay the University
money. These powers are no longer required. Section 6
provided that the land on which the buildings were to be
constructed was to become unalienated Crown land on
completion of the new buildings. This section has taken
effect as the land is now Crown land. The 1957 Act also
made amendments to the Royal Melbourne Hospital Act
1935, which have taken effect and are spent. The 1957 Act
can be repealed.
1.10 Fraser National Park Act 1957 (No. 6160)
Section 2 of this Act deemed certain land held by the State
Rivers and Water and Supply Commission (Commission)
to be unalienated Crown land. This provision has taken
effect. Section 4 enabled the Governor in Council to close
roads contiguous with the land by Order published in the
Government Gazette and any such roads were deemed to be
unalienated Crown land. The power to close roads is no
longer required. Section 3 deemed land described in the
Act to be permanently reserved under the Land Acts as a
site for the Fraser National Park and declared the land to be
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a national park within the meaning of the National Parks
Act 1956 (now repealed). This provision has taken effect.
The Crown's right under section 6 not to have to pay
compensation (except the reduction in the loan liability
under section 5) in respect of matters arising under the 1957
Act will be saved by section 14 of the Interpretation of
Legislation Act 1984. The 1957 Act can be repealed.
1.11 The Zinc Corporation, Limited Act 1961 (No. 6800)
This Act was enacted to authorise the Zinc Corporation,
Limited, (corporation) a company incorporated in the
United Kingdom, to be a company deemed to be
incorporated in Victoria under the Companies Act 1958.
Section 3 provided that once certain documents were
lodged with the Registrar of Companies, the corporation
was deemed to be a registered Victorian company with its
liability limited by shares. This provision has taken effect.
The corporation was subsequently registered as a company
in 1962 and in 1998 it was converted to a proprietary
company. The corporation (now owned by Rio Tinto
Limited) is now subject to the Corporations Act 2001 of the
Commonwealth and to the jurisdiction of the Australian
Investments and Securities Commission. Rio Tinto Limited
has confirmed that it has no objection to the repeal of the
1961 Act. The 1961 Act is redundant and can be repealed.
1.12 Australian and Overseas Insurance Company Limited
Act 1963 (No. 7067)
The purpose of this Act was to make provision with respect
to claims against and liabilities incurred by the Australian
and Overseas Insurance Company Limited (the insurer),
which was a failed New South Wales organisation, in
relation to policies of accident insurance or indemnities
against awards of compensation. The 1963 Act only
applied to claims or awards against employers in respect of
injuries that occurred before 31 December 1960 and if the
employer was insured with the insurer before a certain date.
Under section 3, the Insurance Commissioner could satisfy
the claims by employers if made before 22 August 1963.
As all claims had to be made before August 1963, the
power under section 3 is no longer required.
Under section 4, the Insurance Commissioner had a duty
to enforce the rights of the insured employers and to pay
certain money recovered to employers and approved
insurers. Section 5 required "approved insurers" to
reimburse the Insurance Commissioner for money paid out
to insured employers once the Minister had determined the
5
proportions to be paid. Sections 4 and 5 are no longer
required. The office of the Insurance Commissioner is now
abolished and the insurer no longer exists. Any residual
rights and liabilities under the 1963 Act will be saved under
section 14 of the Interpretation of Legislation Act 1984.
The 1963 Act can be repealed.
1.13 Reid Murray Acceptance Limited (Scheme of
Arrangement) Act 1966 (No. 7380)
This Act was enacted to facilitate the approval of a scheme
of arrangement between Reid Murray Acceptance Limited
(the company) and its creditors and provided for the
appointment of receivers of the company. A scheme of
arrangement was set out in the Schedule to this Act.
Section 4 contained power for the company to apply to the
Supreme Court of Victoria to approve the scheme of
arrangement. This power is no longer required as the
Supreme Court of Victoria approved the scheme in 1966
subject to the amendments specified in the Court Order.
Sections 5 and 6 related to the application to the Supreme
Court and have taken effect. Section 7 sets out the effect of
the approval of the application and any residual or
continuing effect of this provision will be saved under
section 14 of the Interpretation of Legislation Act 1984.
The 1966 Act can be repealed.
1.14 Rosebud Institutions Act 1973 (No. 8463)
This Act was enacted to rectify circumstances that had
arisen concerning the Southern Peninsula Hospital
(the hospital) and the Lotus Lodge Hostel for the Aged
(the hostel) at Rosebud. The committee of the Hospital
and the committee of the Hostel had agreed that the hostel
be maintained and governed by the committee of the
hospital and hostel property was transferred to the hospital.
It appeared that these actions were not lawful. Section 3
deemed the hostel to not have gone out of existence and
other related matters. This provision has taken effect.
Section 4 required the hospital to transfer the property back
to the hostel. This was done and the section is redundant.
Section 5 provided that various persons who had resigned
from office or as trustees in connection with the hostel or
who had transferred hostel property to the hospital were
not liable for breach of trust because of those actions.
The effect of this provision will be saved by section 14 of
the Interpretation of Legislation Act 1984. Section 6
gave power to the Governor in Council to make Orders
appointing a committee of the hostel, requiring the transfer
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of money or property to or from the hostel or hospital and
for any other necessary matters. This power is no longer
required. The 1973 Act is redundant and can be repealed.
1.15 Thornbury Lands Act 1975 (No. 8686)
This Act dealt with certain areas of land in Thornbury.
Section 2 required the proprietors of certain land to
surrender the land to the Crown which was then deemed to
be unalienated Crown land. Section 3 provided that certain
parts of roads would cease to be roads, the land deemed to
be unalienated Crown land and the Crown land could be
temporarily reserved under the Land Act 1958 for various
purposes. Section 4 provided certain land to be dedicated
as a road and required the council of the City of Northcote
to construct the road. The land referred to in section 2 was
transferred to the Crown and the land described under
section 4 was proclaimed as a road by an Order in Council
published in 1977. These provisions have come into effect
and are spent or redundant. Under section 4(2), the
Minister administering the Education Acts was empowered
to enter an agreement relating to the cost of the road to be
constructed under section 4. This power is no longer
required. The Crown's right under section 5 not to have to
pay compensation in respect of matters arising under the
1975 Act will be saved under section 14 of the
Interpretation of Legislation Act 1984. The 1975 Act
can be repealed.
1.16 Ballarat (Children's Home) Land Act 1978 (No. 9203)
This Act revoked various Crown grants and Orders in
Council reserving land at Ballarat East for the purposes of
an orphan asylum, an orphanage and a Roman Catholic
Place of Public Worship. The land previously reserved
was deemed to be unalienated land of the Crown.
The revocation and deeming provisions have taken effect.
Section 5 authorised the Governor in Council to grant the
land previously reserved to the Ballarat Children's Home
(the home). Under section 6, the home could transfer the
land as it saw fit. The home was granted the land in 1979
and transferred part of the land in 1986 and the rest of it
in 1989. Sections 5 and 6 are no longer required.
The Crown's right under section 7 not to have to pay
compensation in respect of matters arising under the 1978
Act will be saved under section 14 of the Interpretation of
Legislation Act 1984. The 1978 Act can be repealed.
7
1.17 Revocation and Excision of Crown Reservations Act
1980 (No. 9415)
Section 2(1) of this Act partly revoked Orders in Council
relating to reserved land. Sections 2(2) repealed section 2
of the Geelong (Kardinia Park) Land Act 1950 and any
other Act in so far as they applied to certain land.
Section 2(3) repealed section 86(1) of the Cemeteries Act
1958 (now repealed) and any other Act in so far as they
applied to certain land. The land previously reserved was
deemed to be unalienated Crown land. All these provisions
have come into effect and are spent. Under section 4, the
Country Roads Board was to pay $22 000 to the City of
Geelong as compensation for the making available of land
for construction of a road. This provision is now redundant
as the money has been paid. The Crown's right under
section 5 not to have to pay compensation in respect of
matters arising under the 1980 Act (except as provided by
that Act) will be saved under section 14 of the
Interpretation of Legislation Act 1984. The 1980 Act
can be repealed.
1.18 BLF (De-recognition) Act 1985 (No. 10188)
This Act provided for the removal of the Australian
Building Construction Employees' and Builders Labourers'
Federation and other organisations falling within the
definition of the "BLF" in that Act from participating in
the State industrial system. This removal has taken effect.
The BLF no longer exists as a legal entity operating within
the Australian industrial relations system. The 1985 Act
prohibited BLF members, officers or employees from being
appointed to the Construction Industry Long Service Leave
Board (which was abolished under the Construction
Industry Long Service Leave Act 1997) and provided
that the use of BLF funds and property could be restricted.
The 1985 Act also provided for the appointment of a
custodian to investigate the affairs of the BLF. There are
no assets currently being administered by the State of
Victoria and there has been no custodian appointed since
2002. These provisions are no longer required. Section
7(4) is a validation provision and its effect will be saved
by section 14 of the Interpretation of Legislation
Act 1984 as will the right to immunity under section 9.
The remaining provisions are no longer required. The 1985
Act can be repealed.
8
1.19 Land (Amendment and Miscellaneous Matters) Act
1986 (No. 122/1986)
This Act amended the Land Act 1958 to enable Crown
land subject to Crown leases to be sold subject to those
leases. The 1986 Act also partly revoked Orders in Council
and a Crown grant relating to reserved land and deemed the
land previously reserved to be unalienated Crown land.
The 1986 Act also repealed the Geelong (Market Site)
Land Act 1963 and deemed certain land to be unalienated
Crown land. The 1986 Act also amended the Port of
Geelong Authority Act 1958 and vested certain land in the
State Transport Authority. All these provisions have come
into effect and are spent. Section 9 of the 1986 Act
provided that the Governor in Council was to grant certain
land in fee simple to the Glastonbury Child and Family
Services and that this land could be sold. This section is
redundant as the land has been granted and subsequently
sold. The Crown's right under section 10 not to have to pay
compensation in respect of matters arising under the 1986
Act will be saved under section 14 of the Interpretation of
Legislation Act 1984. The 1986 Act can be repealed.
1.20 Melbourne Lands Act 1987 (No. 77/1987)
Section 3 of this Act provided that the Minister
administering the Conservation, Forests and Lands Act
1987 could recommend to the Governor in Council that
various Orders in Council and Crown grants be revoked in
relation to certain portions of land at Yarra Park reserved
under those Orders and Crown grants so that land could be
used for road widening of Punt Road. The Governor in
Council could then by Order revoke in part the reservations,
and any leases and encumbrances were then deemed to
relate only to the land remaining reserved under the Orders
in Council and Crown grants. The powers under section 3
are no longer required. Under section 4, the previously
reserved land was deemed to be unalienated Crown land.
The revocation and deeming provisions have taken effect.
The Crown's right under section 5 to not have to pay
compensation in respect of matters arising under the 1994
Act (except as provided under agreements under the
Transport Act 1983) will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1987 Act can
be repealed.
9
1.21 Land (Revocations and Other Matters) Act 1991
(No. 72/1991)
This Act revoked and partly revoked Orders in Council and
a Crown grant reserving land at Albert Park, the
Beechworth Hospital site and Port Fairy. Any Order in
Council reserving land at Westerfolds Park was also
revoked in part and any Order in Council under section 18
of the Crown Land (Reserves) Act 1978 (CL(R)A)
placing the land previously reserved under the control and
management of the Melbourne and Metropolitan Board of
Works was revoked with control reverting to the Crown.
The land previously reserved was deemed to be unalienated
Crown land and any committee of management under the
CL(R)A was revoked in relation to that land. This Act
repealed the Belmont Common Recreation Ground
Lands Act 1969. These provisions have taken effect.
The Crown's right under section 9 not to have to pay
compensation in respect of matters arising under the 1991
Act (except as provided in agreements under the Transport
Act 1983 concerning certain land at Westerfolds Park and
Albert Park) will be saved by section 14 of the
Interpretation of Legislation Act 1984. Section 10,
which alters or varies section 85 of the Constitution Act
1975 due to section 9, is no longer required. The 1991 Act
can be repealed.
1.22 Local Government (Further Amendment) Act 2005
(No. 53/2005)
This Act dismissed the Glen Eira Council, provided that the
Councillors of that Council ceased to hold office and
confirmed the continuity of the Council as constituted by
the administrator of the Council appointed by Order in
Council. These provisions have taken effect and are spent.
The 2005 Act required that a general election be held for a
new Council on 26 November 2005. An election was held
on that date and the various requirements for that election
complied with. The provisions relating to the holding of
the election in 2005 are no longer required. A further
general election of the Council was held in 2008. The 2005
Act required a meeting of the Council to be held within
14 days of the declaration of the election result and for the
expiry of the Order in Council made under section 219 of
the Local Government Act 1989 (LGA) at the start of that
meeting. The meeting was held and the expiry has taken
effect. Section 11 validates the voters' roll and the effect of
this provision will be saved by section 14 of the
10
Interpretation of Legislation Act 1984. The 2005 Act
also amended the LGA. This amendment has taken effect
and is spent. The 2005 Act can be repealed.
1.23 Melbourne Sailors' Home (Repeal) Act 2006
(No. 28/2006)
This Act repealed the Melbourne Sailors' Home Act 1986.
This repeal has taken effect. Section 4 is a transitional
provision which provided for the Sailors' Welfare Fund to
be closed and money standing to the credit of the Fund to
be paid into the Consolidated Fund. The balance of the
fund has been paid into Consolidated Fund. This provision
is redundant. This 2006 Act can be repealed.
2 Spent Amending Acts with transitional or substantive
provisions
The Bill repeals the following amending Acts that contain
transitional, saving or validation provisions or substantive
provisions. The amendments and any repeals made by the Acts
are wholly in operation and have amended or repealed the
provisions of Acts they were enacted to amend or repeal.
The transitional and saving provisions are no longer required
because of the passage of time and subsequent enactments since
the Acts were enacted. The substantive provisions are no longer
required because they have taken effect and are spent or
redundant. Any residual or continuing effect of the transitional
and saving provisions and the effect of any validation provisions
will be saved by section 14 of the Interpretation of Legislation
Act 1984--
2.1 Stamps Act 1971 (No. 8157)
This Act made various amendments to Stamps Act 1958,
which has since been repealed. These have taken effect and
are spent. Section 2(3) required a banker or person to do
certain things. This provision is no longer required. The
1971 Act also contained a number of deeming, construction
and transitional provisions being sections 2(2), 2(4), 4(4),
9(2), 9(6) and 10(1)(b). Any residual or continuing effect
of the transitional provisions will be saved by section 14
of the Interpretation of Legislation Act 1984. The 1971
Act can be repealed.
2.2 Building Industry Long Service Leave (Amendment)
Act 1981 (No. 9663)
This Act makes a number of amendments to the Building
Industry Long Service Leave Act 1975 (the Principal
Act), which has since been repealed. It contains a number
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of substantive, transitional and savings provisions.
The substantive provisions deem certain sections to have
come into operation on a certain date or deem the Principal
Act to have been enacted as amended by a section.
These provisions have taken effect. Section 16 gave power
to the Building Industry Long Service Leave Board (the
Board), which no longer exists, to deem a period of broken
service of a Loy Yang worker to be continuous service for
the purposes of the Principal Act. This provision is no
longer required. Section 17(1) required the State Electricity
Commission of Victoria to pay the Board a sum of money
including interest by 1 March 1982 and is now redundant.
Section 9(2) is a savings provision that continues to apply
the Principal Act in its form before amendment by the 1981
Act to leave entitlements accruing before a certain date.
Any residual or continuing effect of this provision will be
saved by section 14 of the Interpretation of Legislation
Act 1984. The 1981 Act can be repealed.
2.3 Construction Industry Long Service Leave
(Amendment) Act 1986 (No. 116/1986)
This Act amended the Construction Industry Long
Service Leave Act 1983, which has since been repealed.
The amendments have taken effect and are spent.
Section 6(2) of the 1986 Act is a substantive provision that
prevents persons making further claims in respect of leave
or payments already received in respect of long service
leave. This provision is no longer required. Any continuing
effect of this provision will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1986 Act can
be repealed.
2.4 Stamps (Amendment) Act 1988 (No. 28/1988)
This Act amended the Stamps Act 1958, which has since
been repealed. The amendments have taken effect and are
spent. Sections 7(2) gave the Comptroller of Stamps power
to re-assess duty relating to marketable securities in certain
circumstances. This provision is no longer required.
Section 7(3) is a transitional provision. Any residual or
continuing effect of this provision will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1988 Act can be repealed.
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2.5 Business Franchise Acts (Amendment) Act 1988
(No. 66/1988)
This Act amended the Business Franchise (Tobacco) Act
1974 and the Business Franchise (Petroleum Products)
Act 1979. The amendments have taken effect and are
spent. Sections 27 and 38 required the Commissioner to
be satisfied of certain things relating to licence fees.
These provisions are redundant as the Commissioner no
longer has the power to collect these fees. Sections 26
and 37 contain transitional provisions and any residual or
continuing effect of these provisions will be saved by
section 14 of the Interpretation of Legislation Act 1984.
The 1988 Act can be repealed.
2.6 Local Government (Rating) Act 1991 (No. 78/1991)
The main purposes of this Act were to require rating
valuations to be based on occupancy rather than ownership
and to vary the procedure for changing the names of
councils. The 1991 Act amended the Local Government
Act 1989, the Valuation of Land (Amendment) Act
1989, the Local Government (Consequential Provisions)
Act 1989, the Water Act 1989 and other Acts.
These amendments have taken effect and are now spent.
The 1991 Act contains 2 savings provisions, sections 29
and 30. Section 29 relates to valuations made before the
commencement of section 29. Section 30 preserves the
rates in force under the Local Government Act 1989 and
the Water Act 1989 before the relevant sections of those
Acts were amended by the 1991 Act. Any residual or
continuing effect of these savings provisions will be saved
by section 14 of the Interpretation of Legislation Act
1984. The 1991 Act can be repealed.
2.7 State Taxation (Amendment) Act 1992 (No. 76/1992)
This Act amended the Business Franchise (Petroleum
Products) Act 1979, the Business Franchise (Tobacco)
Act 1974, the Debits Tax Act 1990, the Energy
Consumption Levy Act 1982 (since repealed), the
Financial Institutions Duty Act 1982, the Land Tax Act
1958 (since repealed), the Pay-roll Tax Act 1971 (since
repealed) and the Stamps Act 1958 (since repealed).
These amendments have taken effect and are spent.
Section 5(2) required the Commissioner to pay money,
derived from fees received in the 1 July 1992 financial year
for licences under the Business Franchise (Tobacco) Act
1974, into the Victorian Health Promotion Fund.
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The required payment has been made and this provision is
no longer required. Sections 7, 15, 30(3) and 33 contain
transitional provisions. Any residual or continuing effect
of these provisions will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 1992 Act
can be repealed.
2.8 Melbourne Wholesale Fruit and Vegetable Market
Trust (Amendment) Act 1993 (No. 127/1993)
This Act amended the Melbourne Wholesale Fruit and
Vegetable Market Trust 1977 to replace the Trust with a
new body known as the Melbourne Market Authority
(the Authority) and changed the name of that Act to the
Melbourne Market Authority Act 1977. The 1993
Act also made amendments to the Farm Produce
Wholesale Act 1990, the Annual Reporting Act 1983
and the Local Authorities Superannuation Act 1988.
These amendments have all taken effect and are spent.
Part 3 of the 1993 Act contains transitional provisions,
which provided for the transition from the Trust to the
Authority on the appointed day, being the 21 December
1993. Any residual or continuing effect of the transitional
provisions and any residual rights and liabilities under this
Part will be saved under section 14 of the Interpretation of
Legislation Act 1984. The 1993 Act can be repealed.
2.9 Administration and Probate (Amendment) Act 1994
(No. 10/1994)
This Act made amendments to the Administration and
Probate Act 1958 and consequential amendments to the
Property Law Act 1958 and also amended the Wills Act
1958. These amendments have taken effect and are spent.
Section 6(2) of the 1994 Act required the Registrar-General
to deliver certain wills to the Registrar of Probates.
The Registrar of Probates has confirmed that section 6(2)
was complied with so that section is redundant. Section 15
contains transitional provisions. Any residual or continuing
effect of these provisions will be saved under section 14 of
the Interpretation of Legislation Act 1984. The 1994 Act
can be repealed.
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2.10 State Taxation Acts (Miscellaneous Amendments) Act
2000 (No. 42/2000)
This Act repeals the Probate Duty Act 1962 and the
Gift Duty Act 1971 and amends other tax Acts.
The amendments and repeals have taken effect and the
provisions are spent. Section 4 contains substantive
provisions arising as a result of the repeal of the Probate
Duty Act 1962. Section 4(2)(a) provides that an
administrator is not required to file a statement under
section 11 of the Probate Duty Act 1962 after the
commencement of section 4. This provision is no longer
required. Section 4(2)(b) abolishes any liability for duty
or interest under the Probate Duty Act 1962 that was
outstanding before the commencement of section 4.
This section has taken effect and can be repealed.
The 2000 Act can be repealed.
2.11 Health Legislation (Further Amendment) Act 2003
(No. 98/2003)
This Act amended various Acts relating to the registration
of health practitioners, the Health Records Act 2001 and
the Health Services Act 1988 and repealed the Pathology
Services Accreditation Act 1984. The amending and
repeal provisions have taken effect and are spent.
Sections 14(2) to 14(5) are transitional provisions arising
from the repeal of the Pathology Services Accreditation
Act 1984. Any residual or continuing effect of these
provisions will be saved by section 14 of the
Interpretation of Legislation Act 1984. The 2003 Act
can be repealed.
2.12 Statute Law (Further Revision) Act 2006 (No. 29/2006)
This Act made minor amendments to Acts and repealed a
number of spent Acts. The amendments and repeals have
taken effect. Section 5 is a savings provision that saves
reference provisions in Acts being repealed by the 2006
Act. The operation of section 5 will be saved under
section 14 of the Interpretation of Legislation Act 1984.
The 2006 Act can be repealed.
2.13 These following 18 Acts made amendments to various
taxation law Acts and business franchise Acts.
The amendments have all taken effect and are spent.
The Acts contain provisions that are of a transitional,
savings or validating nature. Any residual or continuing
effect of these provisions will be saved by section 14 of the
Interpretation of Legislation Act 1984--
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Land Tax (Amendment) Act 1981 (No. 9648)
Land Tax (Amendment) Act 1985 (No. 10210)
Stamps and Business Franchise (Tobacco)
(Amendment) Act 1985 (No. 10256)
Taxation Acts Amendment Act 1987 (No. 65/1987)
Land Tax (Amendment) Act 1988 (No. 60/1988)
Stamps (Further Amendment) Act 1988 (No. 65/1988)
Business Franchise Acts (Further Amendment) Act
1990 (No. 54/1990)
Financial Institutions Duty (Further Amendment) Act
1990 (No. 55/1990)
Land Tax (Amendment) Act 1990 (No. 62/1990)
Land Tax (Amendment) Act 1993 (No. 30/1993)
Land Tax (Further Amendment) Act 1993
(No. 101/1993)
Stamps (Further Amendment) Act 1993 (No. 103/1993)
State Taxation (Further Amendment) Act 1993
(No. 104/1993)
State Taxation (Amendment) Act 1994 (No. 119/1994)
Stamps (Amendment) Act 1995 (No. 27/1995)
Stamps (Further Amendment) Act 1995 (No. 52/1995)
State Taxation (Further Amendment) Act 1995
(No. 101/1995)
State Taxation (Further Omnibus Amendment) Act
1996 (No. 42/1996).
3 Spent Amending Acts--wholly in operation
The remainder of the Acts in the Schedule are amending Acts
which are now wholly in operation and have amended the Acts
they were enacted to amend. These Acts contain no transitional
or substantive provisions.
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