Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 6 - Spent Acts
79 This Schedule contains items that repeal spent and obsolete Acts and items that make amendments consequential on those repeals.
Item 1
80 Item 1 repeals the redundant Conciliation and Arbitration (Electricity Industry) Act 1985. Section 11 of the Act provides that it ceased to be in force at the expiration of the period of 3 years next following the day of commencement of the Act or an earlier day that was proclaimed. The Act commenced by Proclamation on 31 May 1985 and was later found by a majority of the High Court not to be valid.
Item 2
81 Item 2 repeals the redundant Immigration (Education) Charge Act 1992. The Act imposed English Education Charge in respect of applications by non-citizens if their applications for stay visas were made between 1993 and 1997. Those non-citizens would have registered with the Adult Migrant English Program within 6 months, commenced tuition within 12 months and completed tuition within 5 years.
Items 3 to 5
82 Items 3 to 5 are related. Item 3 repeals the redundant Snowy Mountains Engineering Corporation Act 1970. That Act is spent as the purpose of the Act was to establish the former Snowy Mountains Engineering Corporation (SMEC) as a Commonwealth agency. In 1993, the Commonwealth sold SMEC to SMEC staff and, in accordance with section 36 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993, the SMEC is no longer owned by the Commonwealth and is deemed not to have been established by or under an Act, nor to have been established by the Commonwealth. Item 4 repeals subsection 36(2) of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 as a consequential amendment. That subsection is redundant as it provided that "To avoid doubt, it is declared that subsection (1) does not affect the operation of the Snowy Mountains Engineering Corporation Act 1970 or any other law before the commencement of this section". Item 5 removes a redundant cross-reference to subsection 36(2).