Explanatory Memorandum
(Circulated by the authority of the Attorney-General, the Hon Mark Dreyfus QC MP)Schedule 4-Repeal of obsolete provisions
Part 1-Spent repeals and amendments
92 Some older principal Acts on the statute book contain provisions repealing and amending other Acts. Those provisions are now obsolete. To reduce the length of those principal Acts and to make the publishing of those principal Acts more efficient, most of the items in this Schedule repeal those obsolete provisions and make minor consequential amendments.
Item 1
93 Item 1 repeals Part VII of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 , which amended the Jervis Bay Territory Acceptance Act 1915 . As those amendments have taken effect, that Part is obsolete.
Item 2
94 Item 2 repeals Parts 10 to 13 of the Child Support (Assessment) Act 1989 , which amended various Acts. As those amendments have taken effect, those Parts are obsolete.
Item 3
95 Item 3 repeals Part IV of the Crimes (Currency) Act 1981 , which amended various other Acts. The amendments within the Part had previously been repealed but the Division headings had not. Item 3 repeals the Part including the Division headings.
Item 4
96 Item 4 repeals Schedule 2 to the Defence Force (Home Loans Assistance) Act 1990 , which amended the Defence Service Homes Act 1918 . As those amendments have taken effect, that Schedule is obsolete.
Items 5 and 6
97 Items 5 and 6 repeal Part 11 of, and the Schedule to, the Farm Household Support Act 1992 . The Schedule amended the Social Security Act 1991 and Part 11 gave effect to the Schedule. As those amendments have taken effect, that Part is obsolete.
Items 7 to 10
98 Items 7 to 10 repeal Divisions 6 to 8 of Part 4.4, and Divisions 1 to 3 and 5 of Part 4.5, of Chapter 4, and sections 121 to 124, of the Higher Education Funding Act 1988 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.
Items 11 to 13
99 Items 11 to 13 are related. Items 12 and 13 repeal section 7 of, and Schedules 1 to 4 to, the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 , which repealed and amended various Acts. As those repeals and amendments have taken effect or been superseded, those provisions are obsolete. Item 11 makes a minor amendment to the simplified outline in section 3 of that Act, and is consequential on item 13.
Item 14
100 Item 14 repeals Parts V and VI of the Housing Assistance Act 1978 , which amended the States Grants (Housing) Act 1971 and the Housing Assistance Act 1973 . As those amendments have taken effect, those Parts are obsolete.
Item 15
101 Item 15 repeals Part 5 of the Imported Food Control Act 1992 , which amended the Customs Act 1901 and the Customs Administration Act 1985 . As those amendments have taken effect, that Part is obsolete.
Item 16
102 Item 16 repeals Part VI of the Industry Research and Development Act 1986 , which amended the Industrial Research and Development Incentives Act 1976 . As those amendments have taken effect, that Part is obsolete.
Items 17 and 18
103 Items 17 and 18 repeal sections 229 and 230 of, and Schedule 2 to, the Patents Act 1990 , which repealed the Patents Act 1952 and amended various Acts. As that repeal and those amendments have taken effect, those provisions are obsolete.
Item 19 and 20
104 Items 19 and 20 are related. Item 20 repeals Schedule 1 to the Pig Industry Act 2001 , which repealed and amended various Acts and repealed the Pig Research and Development Corporation Regulations and item 19 repeals section 3 which gave effect to Schedule 1. As those amendments and repeals have taken effect (or been superseded in the case of item 3 of Schedule 1 which proposed to make an amendment that never commenced), they are obsolete. Schedule 1 also contained spent transitional provisions, which are being repealed as they are obsolete.
Items 21 to 24
105 Items 21 to 24 are related as they repeal provisions of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 that are obsolete.
106 Items 21 and 23 repeal section 4 of, and Schedule 1 to, the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 , which repealed various Acts. As those repeals have taken effect or been superseded, those provisions are obsolete.
107 Items 22 and 24 repeal subsection 38(1) of, and Schedule 2 to, the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 , which amended various Acts. As those amendments have taken effect or been superseded, those provisions are obsolete.
Items 25 to 27
108 Items 25 to 27 repeal subsections 156(1) and (2) and section 157 of, and Schedules 1 and 2 to, the Primary Industries and Energy Research and Development Act 1989 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.
Items 28 and 29
109 Items 28 and 29 repeal section 12 of, and Schedule 1 to, the Regional Forest Agreements Act 2002 , which amended the Environment Protection and Biodiversity Conservation Act 1999 . As those amendments have taken effect, those provisions are obsolete.
Items 30 and 31
110 Items 30 and 31 repeal sections 11 and 12 of, and Schedules 2 and 3 to, the Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985 , which amended and repealed various Acts. As those amendments and repeals have taken effect, those provisions are obsolete.
Items 32 to 34
111 Items 32 and 34 repeal section 3 of, and Schedules 1 and 2 to, the Wool International Privatisation Act 1999 , which amended the Wool International Act 1993 and the Wool Tax (Administration) Act 1964 . As those amendments have taken effect, those provisions are obsolete.
112 Item 33 is consequential on the repeal of Schedule 2 to the Wool International Privatisation Act 1999 made by item 34. The existing definition of "conversion time" in subsection 7(1) of that Act refers to the time when that Schedule commenced (which was 1 July 1999). Item 33 amends this definition to refer to 1 July 1999.
Items 35 and 36
113 Items 35 and 36 are related. Item 36 repeals Part 1 of Schedule 1 to the Wool Services Privatisation Act 2000 , which repealed the Australian Wool Research and Promotion Organisation Act 1993 and amended various Acts. As that repeal and those amendments have taken effect, that Part is obsolete. Item 35 repeals and substitutes the heading to Schedule 1 to the Wool Services Privatisation Act 2000 , and is consequential on item 36.
Part 2-Spent provisions
114 This Part repeals non-amending provisions that have been sunsetted or otherwise ceased to have effect.
Item 37
115 Item 37 repeals subsections 70(2BA), (2BB), (2BC) and (2BD) of the Aboriginal Land Rights (Northern Territory) Act 1976 . Subsections (2BA) to (2BC) ceased to have effect at the end of the period of 5 years beginning on the day on which subsection (2BD) commenced (18 August 2007). Subsection (2BD) is also redundant as it has had its only effect.
Item 38
116 Item 38 repeals Division 12 of Part ID of the Crimes Act 1914 . That Division contains one section (section 23YV) which provides for a review of the operation of Part ID. The review was to be undertaken as soon as possible after the first anniversary of the commencement of Schedule 1 to the Crimes Amendment (Forensic Procedures) Act 2001 . That Act was assented to on 6 April 2001 and Schedule 1 commenced in 2001. The report was completed in March 2003 and tabled in Parliament. Subsection 23YV(5) provided for a further review of Part ID to be undertaken to consider any relevant recommendations of the earlier review. This further review commenced on 30 June 2010 and the report of the review was tabled in Parliament on 23 September 2010. As the relevant reviews and reports have been completed and tabled, the provision is now spent.
Items 39 to 43
117 Items 39 to 43 are related. Items 40, 42 and 43 repeal subsections 38(2) and (4) of, and Schedule 3 to, the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 , which provided for citations of various Acts. Those citations have now been superseded as a result of the enactment of the Acts Citation Act 1976 so those provisions are obsolete. Items 39 and 41 make amendments consequential upon the repeals and on amendments of the Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 in Part 1 of this Schedule.
Items 44 to 46
118 Items 44 to 46 are related. Paragraph 6(1)(d) of Schedule 3 to the Telecommunications Act 1997 has ceased to have practical effect since July 2000. Item 45 repeals that paragraph. Items 44 and 46 make consequential amendments relating to that repeal.
Item 47
119 Clause 49 of Schedule 3 to the Telecommunications Act 1997 required the Minister to cause to be conducted a review before 1 July 1998. The review was conducted and the clause has ceased to have practical effect. Item 47 repeals the spent clause.