Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Schedule 3 - Repeal of obsolete Acts
The items in Schedule 3 repeal obsolete Acts and make consequential amendments to Acts that refer to those Acts.
Part 1
The items in Part 1 repeal obsolete Acts administered by the Minister for Transport and Regional Services.
Items 1 to 10, 12 and 13 repeal Acts that imposed and regulated the administration of a variety of taxes before the conferral of self-government on the Australian Capital Territory (ACT). Schedule 2 to the Taxation Laws Amendment Act (No. 2) 1987 provided for the termination of taxes imposed by those Acts and transferred responsibility for administering those Acts from the Commissioner of Taxation to the Commissioner for ACT Revenue Collection. ACT ordinances subsequently reimposed many of those taxes and regulated their administration. Those ordinances were converted into ACT enactments by subsection 34(4) of the Australian Capital Territory (Self-Government) Act 1988 and since that time have been subject to amendment and repeal by the Legislative Assembly for the ACT. Accordingly, the Acts repealed by items 1 to 10, 12 and 13 are obsolete.
Item 11 repeals the National Rail Corporation Agreement Act 1992 . That Act gave effect to an agreement between the Commonwealth and the States of New South Wales, Victoria, Queensland and Western Australia relating to a company known as the National Rail Corporation Limited. The National Rail Corporation Limited was sold in 2002. Accordingly, the Act is obsolete.
Item 14 repeals the Ships (Capital Grants) Act 1987 . In respect of purchases of ships, grants have not been payable under that Act for deliveries of ships after 30 June 1990 (see paragraph 9(2)(b)). In respect of conversions of ships, grants have not been payable under that Act for conversions of ships delivered after 30 June 1992 (see subsection 9(3)). In respect of modifications of ships, grants have not been payable under that Act for modifications completed after 30 June 1992 (see subsection 9(7)). Accordingly, the Act is obsolete.
Item 15 repeals the States Grants (Urban Public Transport) Act 1974 . That Act provided for financial assistance to be payable to a State in accordance with the Agreement set out in the Schedule to the Act. Clause 15 of the Agreement provided for that assistance to be paid in respect of moneys expended by the State during the financial years commencing on 1 July in the years 1973, 1974, 1975 1976 and 1977 on projects to improve the quality, capacity, efficiency or frequency of the public transport system of a major city in respect of which the State desired financial assistance to be provided by the Commonwealth under the Agreement. Financial assistance has not been payable under that Act in respect of moneys expended in subsequent years. Accordingly, the Act is obsolete.
Part 2
The items in Part 2 repeal obsolete Acts administered by the Minister for Industry, Tourism and Resources.
Item 16 repeals the Bounty (Ships) Act 1989 . Subsection 10(1) of that Act provides that eligible costs bounty is only payable in respect of the construction or modification of a bountiable vessel that is completed before 31 December 2003. Subsection 10(2) of that Act provides that eligible research and development expenditure bounty is only payable in respect of the construction or modification of a vessel that is completed before 1 July 2004. Paragraph 11(2)(d) provides that claims for payment of bounty are to be lodged with an authorised officer or the Secretary within 12 months after the constructions or modification was completed. Claims for bounty can no longer be made under that Act. Accordingly, the Act is obsolete.
Item 17 repeals the Sydney 2000 Games (Indicia and Images) Protection Act 1996 . Section 55 of that Act provides that if that Act is not repealed before the end of 31 December 2000, it ceases to have effect at that time. Accordingly, the Act is obsolete.
The items in Part 3 amend other Acts to remove references to the Acts that are repealed by Parts 1 and 2.
Item 2 repeals the Australian Capital Territory Taxation (Administration) Act 1969 . Item 13 repeals the Pay-roll Tax (Territories) Assessment Act 1971 . Items 18 and 19 omit references to those Acts from paragraph (e) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 .
Item 11 repeals the National Rail Corporation Agreement Act 1992 . Subsection 32(3) of the Australian Land Transport Development Act 1988 created an exception to the rule in paragraph 32(1)(n) of that Act in relation to sales or other disposals of assets, or the granting of leases of assets, to the National Rail Corporation in accordance with subclause 5(5) of the Agreement set out in the Schedule to the National Rail Corporation Agreement Act 1992 . Accordingly, that subsection is repealed by item 20.
Item 13 repeals the Pay-roll Tax (Territories) Assessment Act 1971 . Subparagraph (b)(i) of the definition of Commonwealth authority in subsection 3(1) of the Commonwealth Authorities (Australian Capital Territory Pay-roll Tax) Act 1995 and paragraph (a) of the definition of Commonwealth authority subject to pay-roll tax in subsection 3(1) of the Commonwealth Authorities (Northern Territory Pay-roll Tax) Act 1979 contain references to that Act as in force at particular times. Items 21 and 22 amend those references to insert the word "former" before the short title of the repealed Act to provide an indication to a reader that the Act has been repealed.
Item 2 repeals the Australian Capital Territory Taxation (Administration) Act 1969 . Item 13 repeals the Pay-roll Tax (Territories) Assessment Act 1971 . Items 23 and 24 omit references to those Acts from Schedule 3 to the Freedom of Information Act 1982 .
Item 17 repeals the Sydney 2000 Games (Indicia and Images) Protection Act 1996 . Item 25 omits the reference to that Act from clause 3 of Schedule 1 to the Trans-Tasman Mutual Recognition Act 1997 .