Law Reform (Miscellaneous Provisions) Act 1999 (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Law Reform (Miscellaneous Provisions) Act 1999

No. 66 of 1999

An Act to amend various Acts and repeal certain Acts for the purpose of law reform, and for other purposes

[Notified in ACT Gazette No 45: 10 November 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Law Reform (Miscellaneous Provisions) Act 1999.

  2. Commencement

    This Act commences on the day it is notified in the Gazette.

  3. Purpose

    The purpose of this Act is to improve the quality of the statute book of the Territory by amending and repealing Acts for the purpose of statute law reform.

  4. Certain NSW Acts repealed—Schedule 1

  5. The purpose of this section is to remove any doubt about the continued application in the Territory of the New South Wales Acts mentioned in Schedule 1 because of their possible revival on the disallowance by the Senate of the New South Wales Acts Application Ordinance 1985.

  6. If a New South Wales Act mentioned in Schedule 1 was in force in the Territory immediately before the commencement of this Act, the Act is repealed.

  7. Other Acts repealed—Schedule 2

  8. The Acts mentioned in Schedule 2 are repealed.

  9. The Crimes Legislation (Status and Citation) Act 1992 is declared to be an Act to which section 42 of the Interpretation Act 1967 applies.

  10. Acts amended—Schedule 3

    This Act amends the Acts mentioned in Schedule 3.

  11. Regulations amended—Schedule 4

    This Act amends the regulations mentioned in Schedule 4.

SCHEDULE 1  (See s 4)

NSW acts taken to have been repealed

Year and number

Title or citation

1830

10 Geo. IV No 9

An Act declaring that a certain Act of Parliament passed in the tenth year of the reign of His Majesty King George the Fourth intituled  “An Act for the relief of His Majesty’s Roman Catholic Subjects” extends to and is in force in the Colony of New South Wales

1832

2 Wm. IV No 6

An Act for authorizing all Fines Penalties and Forfeitures to be levied and paid in Sterling Money of the Realm

2 Wm. IV No 12

An Act for repealing so much of an Act intituled  “An Act to continue until further provision shall be made certain Duties Tolls Rates Fees and other Sums of Money imposed by the Governors of New South Wales and for other purposes” as relates to the levying Tolls in New South Wales and for raising a Fund towards making repairing and upholding Public Roads Bridges and Ferries and for regulating the collection of Tolls thereon

1833

4 Wm. IV No 11

An Act for making altering and improving the Roads throughout the Colony of New South Wales and for opening and improving the Streets in the Towns thereof

1834

5 Wm. IV No 8

An Act for adopting and applying certain Acts of Parliament passed in the Eleventh Year of the Reign of His late Majesty and First Year of the Reign of His present Majesty and in the First and Second Years of the Reign of His present Majesty respectively in the Administration of Justice in New South Wales in like manner as other Laws of England are applied therein

1836

7 Wm. IV No 8

An Act for adopting certain Acts of Parliament passed in the Third and Fourth Years of the Reign of His present Majesty King William the Fourth in the Administration of Justice in New South Wales in like manner as other Laws of England are applied therein

1838

2 Vic. No 7

An Act to regulate the temporal affairs of the Religious Societies denominated Wesleyan Methodists Independents and Baptists

2 Vic. No 10

An Act for adopting certain Acts of Parliament passed in the First Year of the Reign of Her Majesty Queen Victoria in the Administration of Justice in New South Wales in like manner as other Laws of England are applied therein

1839

3 Vic. No 1

An Act to remove doubts concerning the Validity of certain Grants of Land in New South Wales

3 Vic. No 20

An Act to enable the Churchwardens of the Parish Church of Saint James in the Town of Sydney to build a new Side-wall thereto at a less distance from the southern boundary-line of King-street than is allowed by Law

1840

4 Vic. No 3

An Act to enable the Members of a certain Society in the Colony of New South Wales denominated “The Hawkesbury Benevolent Society” to sue and be sued in the name of their Treasurer for the time being and for other purposes therein contained

4 Vic. No 21

An Act to enable the Trustees of the intended New Roman Catholic Church of St. Patrick in the Town of Sydney to build at a less distance from the outer edge of the Footway of Charlotte-place than is allowed by law


1841

5 Vic. No 13

An Act for vesting in certain Trustees the Estate in fee simple of a certain piece of Land in Macquarie-street Sydney upon the Trusts set forth in the Model Deed of the Society denominated Wesleyan Methodists

5 Vic. No 14

An Act for rendering a Notarial Copy of an Exemplification of the Charter of “The Bank of Australasia” Evidence in all Courts of Law Equity Admiralty and Vice Admiralty and in all Courts of Inferior Jurisdiction in the Colony of New South Wales

1843

6 Vic. No 18

An Act to remove doubts in respect to the exercise of certain powers by the Councils of the City of Sydney and Town of Melbourne and to declare the competency of Witnesses and the jurisdiction of Magistrates in certain cases within the same

7 Vic. No 13

An Act for regulating the Appointment and Duties of Sheriff in New South Wales

1844

8 Vic. No 17 An Act to regulate the Rate of Interest on Money

1847

11 Vic. No 19

An Act for facilitating the winding up of Joint Stock Companies unable to meet their pecuniary engagements

11 Vic. No 25

An Act further to amend the Laws relating to the Savings’ Banks of New South Wales and Port Phillip respectively and to empower the Trustees of the Savings’ Bank of New South Wales to erect premises wherein to carry on the business of that Institution

1848

11 Vic. No 49

An Act to provide for the improvement of certain Roads in the neighbourhood of the City of Sydney
12 Vic. No 1 An Act to simplify and alter the Law in some respects

1849

13 Vic. No 16

An Act to amend the Law of Evidence and to facilitate the admission as Evidence of certain Official and other Documents and to give Protection to Persons employed in the Printing and Publication of Papers by the order or authority of the Legislative Council or a Committee thereof
13 Vic. No 18 An Act to abolish Deodands

13 Vic. No 45

An Act to abolish the office of Registrar General and to make further provision for the Registration of Deeds and other Instruments

1850

14 Vic. No 5

An Act to authorize the leasing of Tolls and Dues demandable at Turnpike Gates and Ferries and on Parish Roads for extended terms

1850

14 Vic. No 7

An Act for the better apprehension of Offenders who shall have escaped to parts within the Territory of New South Wales from any other of the Australian Colonies

1851

15 Vic. No 6

An Act to authorize the enclosure of the Public Road running through Hyde Park in the City of Sydney known as a continuation of Macquarie-street and for other purposes relating thereto

15 Vic. No 7

An Act to prevent the denudation of the Sand Hills in the neighbourhood of Sydney

15 Vic. No 16

An Act to repeal so much of the Local Ordinances second William the Fourth number twelve sixth Victoria number fifteen seventh Victoria number nineteen eighth Victoria number four and eleventh Victoria number twenty as assumes to vest the appropriation of the Ordinary Revenue elsewhere than in the Legislative Council


1852

16 Vic. No 14 An Act to amend the Law of Evidence

16 Vic. No 30

An Act to authorize the enclosure of the Sand Hills near the City of Sydney and in the City of Newcastle and to protect the same from Trespass

1853

17 Vic. No 16 The Maitland Road Trust Act 1853
17 Vic. No 17 An Act for the appropriation of Unclaimed Balances in Intestate and Insolvent Estates and for other purposes therein mentioned
17 Vic. No 19 An Act for fixing the Landing Places for Baggage

1854

18 Vic. No 2

An Act to enable the Trustees of “Christ Church” Sydney to surrender to the Crown for public purposes a portion of the land granted for a Parsonage in connection with the said Church and to accept other land in exchange for the same

18 Vic. No 15

An Act to amend the Law with reference to the Collection of Toll or Ferry Dues on Parish Roads
18 Vic. No 22 The Maitland Road Trust Amendment Act of 1854
18 Vic. No 27 An Act for protecting inclosed Lands from Intrusion and Trespass

1855

19 Vic. No 3 An Act to regulate the Currency in New South Wales

1857

20 Vic. No 10

An Act to repeal so much of the Constitution Act as requires the concurrence of unusual majorities of Members in the Legislative Council and Legislative Assembly respectively in the passing of Bills to alter the Constitution conferred by the said Act or the number and apportionment of Representatives in the said Legislative Assembly
20 Vic. No 11 An Act to provide for the Deposit in the Colonial Treasury of Moneys in charge of Officers of the Supreme Court

1857

20 Vic. No 27 An Act for transferring to the Registrar General the duties of the Chief Clerk of the Supreme Court as Registrar of Deeds and other Instruments
20 Vic. No 35 An Act to provide for the disposal of the Parramatta Domain
20 Vic. No 38 Tolls Amendment Act 1857
20 Vic. No 41 An Act to establish and regulate Electric Telegraphs

1858

21 Vic. No 8 The Main Roads Management Act
22 Vic. No 1 The Titles to Land Act of 1858

1860

23 Vic. No 8 An Act to protect from pollution the Fresh Water collected for the supply of the Inhabitants of the Town and Suburbs of Parramatta

1861

24 Vic. No 12 Tolls Amendment Act 1861
25 Vic. No 7 Public Bridges Tolls Act of 1861
25 Vic. No 8 An Act to amend the Laws relating to Insolvency

1862

25 Vic. No 20 New South Wales and Queensland Customs Act of 1862
26 Vic. No 1 An Act to make provision for encouraging the growth of Cotton in New South Wales
26 Vic. No 8 The Queensland Debt Act of 1862
26 Vic. No 18 Bonded Distilleries and Sugar Houses Act of 1862

1863

27 Vic. No 3 An Act to amend the “Scab Act of 1861”

1866

30 Vic. No 3 Sydney Burial Grounds Act 1866

1867

31 Vic. No 2 Camperdown and Randwick Cemeteries Act of 1867
31 Vic. No 4 Postage Act 1867
31 Vic. No 5 Volunteer Force Regulation Act of 1867

1867

31 Vic. No 7 Federal Council Act of 1867

1869

32 Vic. No 4 An Act to authorize the appropriation of the Old Burial Ground or Cathedral Close in Sydney to certain municipal and other public purposes

1870

34 Vic. No 6 An Act to amend an Act intituled “An Act to authorize the appropriation of the Old Burial Ground or Cathedral Close in Sydney to certain Municipal and other Public Purposes

1871

34 Vic. No 19 Military and Naval Forces Regulation Act
35 Vic. No 2 Main Roads Management Act Amendment Act of 1871

1873

36 Vic. No 13 An Act to authorize the sale of the Site of the Mudgee Hospital and to provide for the acquisition of a new Site for the said Hospital and for the erection of suitable buildings thereon
36 Vic. No 18 Angora Goats Protection Act of 1873
36 Vic. No 21 Funded Stock Act of 1873
36 Vic. No 29 Superannuation Act Repeal Act of 1873
37 Vic. No 1 An Act to abolish the imposition of Postage Rates on Newspapers

1875

39 Vic. No 3 East Maitland Public Reserve Act

1876

39 Vic. No 37 The Border Duties Convention Act of 1876

1878

41 Vic. No 14 An Act to provide for the alteration of a certain street known as Gloucester-street in the City of Sydney
41 Vic. No 15 An Act to repeal so much of the “Volunteer Force Regulation Act of 1867” as relates to Free Grants of Crown Lands to Volunteers
41 Vic. No 23 An Act to regulate the export of Arms and Warlike Stores

1879

42 Vic. No 19 The Customs Regulation Act 1879
42 Vic. No 20 Copyright Act 1879
42 Vic. No 25 City of Sydney Improvement Act
43 Vic. No 1 An Act to apply a certain Sum out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1879
43 Vic. No 7 An Act to enable the Municipal Council of the City of Sydney to borrow a sum not exceeding Seventy-five Thousand Pounds by the issue of Guaranteed Debentures
43 Vic. No 11 Public Works Loan Act of 1879

1880

43 Vic. No 32 Metropolitan Water and Sewerage Act of 1880
44 Vic. No 5 Town Hall Municipal Loan Act 1880
44 Vic. No 10 Municipal Cattle Sale Yards Site Acquisition Act
44 Vic. No 12 Public Works Loan Act of 1880

1881

44 Vic. No 28 Public Works Loan Act of 1881
45 Vic. No 12 Trade Union Act 1881
45 Vic. No 18 Cattle Sale-yards Additional Loan Act 1881

1881

45 Vic. No 22 Public Works Loan Act of 1881 No 2

1882

46 Vic. No 6 Employers’ Liability Act 1882

1883

46 Vic. No 17 Criminal Law Amendment Act of 1883
46 Vic. No 23 Public Works Loan Act of 1883

1884

48 Vic. No 1 Sydney Streets Municipal Loan Act 1884
48 Vic. No 24 Civil Service Act 1884
48 Vic. No 26 Public Works Loan Act of 1884

1886

50 Vic. No 13 Sydney Town Hall and Streets Municipal Loan Act 1886
50 Vic. No 21 Crown Lands Titles and Reservations Validation Act of 1886
50 Vic. No 22 Newcastle Sand-drift Reclamation Act
50 Vic. No 28 Public Works Loan Act of 1886

1887

50 Vic. No 34 Conditional Purchases and Leases Validation Act of 1887
50 Vic. No 38 Beer Duty Act of 1887
50 Vic. No 39 Crown Lands [Auction Sales Balances] Act of 1887
51 Vic. No 2 Bills of Exchange Act, 1887
51 Vic. No 6 Colonial Spirits Duty Act of 1887
51 Vic. No 7 Tobacco Increase Duty Act of 1887

1887

51 Vic. No 9 Centenary Celebration Act
51 Vic. No 11 Crown Lands Act Amendment Act of 1887
51 Vic. No 18 Country Towns Water and Sewerage Act Extension Act of 1887
51 Vic. No 21 Royalty on Oysters Abolition Act of 1887
51 Vic. No 22 The Australasian Naval Force Act 1887

1888

51 Vic. No 28 Metropolitan Water and Sewerage Act Amendment Act of 1888
51 Vic. No 29 Conversion into Mining Conditional Purchases Validation Act of 1888
52 Vic. No 4 Chinese Restriction and Regulation Act of 1888
52 Vic. No 7 Crown Lands Act Further Amendment Act
52 Vic. No 17 Public Works Loan Act of 1888

1889

52 Vic. No 19 Newcastle Harbour Improvements Act of 1889
52 Vic. No 20 Circular Quay Improvements Act of 1889
52 Vic. No 22 North Shore Drainage Works Act of 1889
53 Vic. No 3 Mount Kiera Tramway Acquisition Act
53 Vic. No 7 Manly Drainage Works Act of 1889
53 Vic. No 9 Treasury Bills Deficiency Act of 1889
53 Vic. No 13 General Post Office (Approaches Improvement) Act 1889
53 Vic. No 14 An Act to declare valid an amended alignment of Essex-street in the City of Sydney
53 Vic. No 15 Western Suburbs of Sydney Drainage Act of 1889
53 Vic. No 16 Metropolitan Water and Sewerage Act Amendment Act of 1889
53 Vic. No 21 Crown Lands Act of 1889

1889

53 Vic. No 23 Loan Act of 1889
53 Vic. No 24 Railway Loan Redemption Act of 1889

1890

54 Vic. No 7 Wentworth Irrigation Act
54 Vic. No 9 Entrance to Richmond River Improvements Act of 1890
54 Vic. No 11 Crown Rents Act of 1890
54 Vic. No 13 Entrance to Clarence River Improvements Act of 1890
54 Vic. No 16 Mount Kiera Tramway Acquisition Act Amendment Act, 1890
54 Vic. No 17 Western Suburbs (City of Sydney) Sewerage Scheme Reticulation and Completion Act of 1890
54 Vic. No 24 Circular Quay Land Act, 1890
54 Vic. No 30 Moore-street Improvement Act of 1890
54 Vic. No 33 Loan Act of 1890

1891

55 Vic. No 1 Crown Lands Act Amendment Act of 1891
55 Vic. No 7 Treasury Bills Act of 1891

1892

55 Vic. No 9 Joint Stock Companies Arrangement Act, 1891
55 Vic. No 11 General Post Office (Approaches Improvement) Act Amendment Act, 1892
55 Vic. No 13 Moore-street Improvement Act Amendment Act of 1892
55 Vic. No 26 Judicial Offices Act of 1892
55 Vic. No 27 Hunter District Water Supply and Sewerage Act of 1892
55 Vic. No 35 Loan Act of 1892

1892

56 Vic. No 1 Funded Stock Act of 1892

1893

56 Vic. No 10 Trades Hall and Literary Institute Act of 1893
56 Vic. No 17 Current Account Depositors’ Act of 1893
56 Vic. No 24 Loan Act of 1893
56 Vic. No 31 Postage Acts Amendment Act, 1893

1893

56 Vic. No 33 An Act to revest certain land in the Australian Agricultural Company
56 Vic. No 35 An Act to vest certain land at Newcastle in trustees on trust for the erection of a hall for the use of Friendly Societies and also to vest certain other land at Newcastle in trustees on trust for the erection of a Trades Hall
57 Vic. No 1 City of Sydney Municipal Loan Act of 1893

1894

57 Vic. No 12 Metropolitan Water and Sewerage Act Extension Act of 1894
57 Vic. No 14 An Act to amend the Junee Water Supply Works Act of 1893
57 Vic. No 16 Lithgow Water Supply Works Act of 1894
57 Vic. No 17 Loan Act of 1894
57 Vic. No 19 Country Towns and Hunter District Water Supply and Sewerage Acts Amendment Act of 1894
57 Vic. No 27 An Act to declare the meaning of the words “the publication of the Report of the said Board” as used in the forty-third section of the Crown Lands Act of 1889
57 Vic. No 28 Tamworth Water Supply Works Act, 1894
57 Vic. No 29 Armidale Water Supply Works Act, 1894

1894

57 Vic. No 33 Johnstone’s Bay Storm-water Sewers Act, 1894
58 Vic. No 7 Kenmore Hospital for the Insane Act, 1894
58 Vic. No 12 Centennial Park Reservoir Construction Act, 1894
58 Vic. No 14 Loan Act of 1894 (No 2)

1895

58 Vic. No 15 Armidale Water Supply Works Act Amendment Act, 1895
58 Vic. No 16 Reserves Declaratory Act, 1895
58 Vic. No 18 Crown Lands Act of 1895
59 Vic. No 2 Cottage Creek Sewerage Works Act, 1895
59 Vic. No 4 Parkes to Condobolin Railway Act, 1895
59 Vic. No 5 Repayment of Loans Act of 1895
59 Vic. No 6 Loan Act of 1895
59 Vic. No 8 Newcastle Harbour Improvements Act, 1895
59 Vic. No 9 Hunter District Water Supply (Partial Duplication) Act, 1895
59 Vic. No 15 Land and Income Tax Assessment Act of 1895
59 Vic. No 16 Land Tax Act of 1895
59 Vic. No 17 Income Tax Act of 1895
59 Vic. No 18 Customs Duties Act of 1895
59 Vic. No 20 Municipal Loans Validation Act, 1895
59 Vic. No 21 Locksley Deviation Act, 1895
59 Vic. No 22 Treasury Bills Deficiency Act of 1895
59 Vic. No 24 Australasian Federation Enabling Act, 1895

1896

59 Vic. No 26 Crown Lands (Homestead Selections and Settlement Leases) Act, 1896
60 Vic. No 2 Conditional Purchasers’ Relief Act
60 Vic. No 3 An Act to make provision for the widow and children of the late Sir Henry Parkes by grants out of the Consolidated Revenue Fund
60 Vic. No 5 Church of England Property Act of 1889 Further Amendment Act of 1896
60 Vic. No 8 Nevertire to Warren Railway Act, 1896
60 Vic. No 10 George-street and Harris-street Electric Tramway Act, 1896
60 Vic. No 11 Additions to Treasury Building Act, 1896
60 Vic. No 13 Newcastle Friendly Societies and Trades Hall Act Amendment Act, 1896
60 Vic. No 23 Municipal Council of Sydney Electric Lighting Act
60 Vic. No 26 Berrigan to Finley Railway Act, 1896
60 Vic. No 28 Tamworth Water Supply Works Act, 1896
60 Vic. No 31 Tamworth to Manilla Railway Act, 1896
60 Vic. No 32 Loan Act of 1896
60 Vic. No 34 City of Sydney Municipal Loan Act of 1896
60 Vic. No 35 Land and Income Tax (Amendment) Act, 1896
60 Vic. No 37 Factories and Shops Act of 1896

1897

No 1

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1897-8;  a Service of the current year;  and for Services to be hereafter provided for by Loan

No 2 Cook’s River Improvements Act, 1897

1897

No 3 Public Instruction (Newcastle Technical College) Act, 1897
No 8 Public Trusts Act, 1897
No 9 Field of Mars Resumption Repeal Act, 1897
No 12 Moree to Inverell Railway Act, 1897
No 13 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1897-8;  and for a Service to be hereafter provided for by Loan
No 14 Hunter District Water and Sewerage Act Amendment Act, 1897
No 15 Australasian Federation (Representatives’ Allowance) Act, 1897
No 18 Municipal Loans Further Validation Act of 1897
No 19 Pyrmont Bridge Act, 1897
No 20 Church and School Lands Act, 1897
No 21 Land and Income Tax (Amendment) Act, 1897
No 25 Quarantine Act, 1897
No 27 Distillation Act, 1897
No 30 Claims against the Government and Crown Suits Act, 1897
No 32 Abattoir Road Act Amendment Act, 1897
No 33 Cambelltown Reservoir Acts Repeal Act of 1897
No 34 Australasian Federation Enabling Act Amendment Act of 1897
No 35 International Patents and Trade-marks Arrangements Act, 1897
No 36 Sydney Water Supply Conduit Additional Works Act, 1897
No 37 Joint Stock Companies Arrangement (Continuation) Act, 1897
No 39 North Sydney Loan Enabling Act of 1897
No 40 Primitive Methodist Church Property Act of 1897
No 41 Artesian Wells Act, 1897

1897

No 42 Appropriation Act of 1897-8
No 43 Loan Act of 1897
No 44 Stockton Graving-dock (Leasing) Act, 1897
No 45 Glebe Island Bridge Act, 1897
No 46 Consolidated Revenue Fund (Municipal Grant) Act of 1897
No 47 Real Property (Crown Lands) Act, 1897

1898 No 1

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1898-9;  Services of the current year;  and for Services to be hereafter provided for by Loan

No 3 Immigration Restriction Act, 1898
No 9 Banks and Bank Holiday Act, 1898
No 15 Commons Regulation Act, 1898
No 16 Public Hospitals Act, 1898
No 21 Naturalization and Denization Act of New South Wales, 1898
No 25 Bankruptcy Act, 1898
No 26 Medical Practitioners’ Act, 1898
No 28 Statute Law Revision Act, 1898
No 29 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1898-9
No 31 Broken Hill Trades Hall Site Act of 1898
No 32 Customs Duties Act, 1898
No 33 Metropolitan Water (Camden) Act, 1898
No 34 Port Kembla Harbour Act, 1898

1898

No 35 Appropriation Act of 1898-9
No 36 Loan Act of 1898
No 37 Land and Income Tax (Declaratory) Act, 1898
No 38 Crown Lands Act, 1898
No 39 Strathfield Railway Crossing Act, 1898
No 40 The Rock to Green’s Gunyah Railway Act, 1898
No 41 Koorawatha to Grenfell Railway Act, 1898
No 42 Byrock to Brewarrina Railway Act, 1898
No 45 Lunacy Act of 1898
No 46 Seaman’s Act, 1898
No 47 Foreign Seaman Act, 1898

1899 No 2

Australasian Federation Enabling Act, 1899

No 4 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1899-1900;  and for Services to be hereafter provided for by Loan
No 5 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1899-1900
No 6 Macleay River Harbour Works Act, 1899
No 7 Manning River Harbour Works Act, 1899
No 8 Hastings River Harbour Works Act, 1899
No 9 Nambucca River Harbour Works Act, 1899
No 10 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1899-1900;  and for Services to be hereafter provided for by Loan

1899

No 12 Military Contingent Act, 1899
No 19 Patents Act, 1899
No 20 Police Regulation Act, 1899
No 21 Common Law Procedure Act, 1899
No 24 Stage-carriages Act, 1899
No 26 Felons Apprehension Act, 1899
No 27 Prisons Act 1899
No 29 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1899-1900
No 31 Friendly Societies Act, 1899
No 33 Bellinger River Harbour Works Act, 1899
No 34 Tweed River Harbour Works Act, 1899
No 35 Dubbo to Coonamble Railway Act of 1899
No 36 Land Tax (Collection) Act, 1899
No 37 Goulburn to Crookwell Railway Act, 1899
No 41 Campbelltown Municipal Enabling Act, 1899
No 42 Loan Act of 1899
No 43 Appropriation Act of 1899-1900
No 46 Treasury Bills Act of 1899
No 48 Treasury Indemnity Act, 1899
No 49 Wellington Presbyterian Church Lands Act, 1899
No 51 Crown Lands (Amendment) Act, 1899
No 54 Library and Art Gallery Act, 1899

1900

No 1

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1899-1900

No 2 Indecent Publications Act, 1900
No 3 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1900-1901;  and for Services to be hereafter provided for by Loan
No 5 Interest on Judgments Amendment Act, 1900
No 7 Port Kembla Harbour Act (Amendment) Act, 1900
No 8 Metropolitan Traffic Act, 1900

No 9

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1900-1901

No 10 Darling Harbour Wharves Resumption Act, 1900
No 14 Casino to Lismore Railway Act, 1900
No 15 Public Hospitals (Voting) Act, 1900
No 16 Sheriff Act, 1900
No 17 Public Watering-places Act, 1900
No 18 Newcastle Pasturage Reserve Act, 1900
No 19 Trade Marks Act, 1900
No 22 University and University Colleges Act, 1900
No 23 Noxious Microbes Act, 1900
No 26 Public Works Act, 1900
No 28 Land Tax (Assessment Books) Act, 1900
No 29 Lindfield-Saint Leonards Railway Crossings Act, 1900
No 31 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1900-1901
No 33 Medical Practitioners Amendment Act, 1900
No 35 Supreme Court and Circuit Courts Act, 1900
No 36 Wollongong Water Supply Works Act, 1900
No 42 Miners’ Accident Relief Act, 1900
No 43 Gundagai to Tumut Railway Act, 1900
No 45 Dentists Act

1900

No 46 Land Tax (Contribution) Act, 1900
No 48 Pacific Cable Enabling Act, 1900
No 49 Supreme Court Procedure Act, 1900
No 50 Commonwealth Arrangements Act, 1900
No 51 Customs (Sugar Drawbacks) Act, 1900
No 53 Stamp Duties Amendment Act, 1900
No 56 Coal-lumpers Baskets Act of 1900
No 57 Public Service (Taxation Officers) Act, 1900
No 58 Boundary-street Act, 1900
No 59 Appropriation Act of 1900-1901
No 60 Loan Act of 1900
No 62 Church and School Lands (Amendment) Act, 1900
No 63 Electric Tramway (Belmore Park to Fort Macquarie) Act, 1900
No 64 Narrabri Walgett and Collarendabri Railway Act, 1900
No 65 Census  Act, 1901
No 66 Excise Reduction Act, 1900

1900

No 67 Paddington Streets Extension Act, 1900
No 68 Treasury Bills Deficiency Act, 1900
No 70 Medical Practitioners Acts Further Amendment Act, 1900
No 73 Federal Elections Act, 1900
No 74 Old-age Pensions Act, 1900
No 75 Liverpool Municipal Loan Act, 1900
No 77 Friendly Societies (Amendment) Act, 1900
No 78 Governor-General’s Establishment Contribution Act, 1900
No 82 Grafton to Casino Railway Act, 1900
No 83 City Railway Extension (Devonshire-street) Act, 1900
No 85 Culcairn to Germanton Railway Act, 1900

1901 No 1

Sydney Harbour Trust Act, 1900

No 2 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1901-1902;  and for Services to be hereafter provided for by Loan
No 3 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1901-1902
No 6 Government Railways Act, 1901
No 7 Interpleader Act, 1901
No 10 Party Processions Prevention Act, 1901
No 16 Fines and Penalties Act, 1901
No 18 Net-fishing (Port Hacking) Act, 1901
No 19 Inheritance Act of 1901
No 20 Devonshire-street Cemetery Act, 1901

1901

No 21 City of Sydney Municipal Loan Act, 1901
No 24 Equity Act, 1901
No 25 Careless Use of Fire Act, 1901
No 26 Birds Protection Act, 1901
No 29 Public Institutions Inspection Act, 1901
No 31 Drainage Promotion Act, 1901
No 32 Prickly-pear Destruction Act, 1901
No 39 General Post Office (Approaches Improvement) Act Further Amendment Act, 1901
No 40 Governor’s Salary Act, 1901
No 42 Negotiable Instruments Procedure Act, 1901
No 43 Parliamentary Evidence Act, 1901
No 44 Prohibition and Mandamus Act, 1901
No 47 Municipal District of Inverell Reduced Area Act, 1901
No 48 Inter-state Debts Recovery Act, 1901
No 49 Truck Act Amendment Act of 1901
No 50 Temora to Wyalong Railway Act, 1901
No 51 Sydney Female School of Industry (Sale) Act, 1901
No 52 Maitland Hospital Enabling Act, 1901
No 53 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1901-1902
No 55 Casino Municipal Boundaries Act, 1901
No 56 Sydney Industrial Blind Institution Incorporation Act, 1901
No 57 Demise of the Crown Act, 1901
No 58 Public Works Committee Election Act, 1901

1901

No 59 Industrial Arbitration Act, 1901
No 60 Navigation Act, 1901
No 62 Loan Act of 1901
No 63 Appropriation Act of 1901-1902
No 64 Prevention of Cruelty to Animals Act 1901
No 65 Sydney Coal Delivery Act 1901
No 68 Real Property and Conveyancing (Amendment) Act, 1901
No 69 Blockholders Act
No 70 Western Lands Act of 1901
No 71 Miners’ Accident Relief (Amendment) Act, 1901
No 72 Manilla to Barraba Railway Act, 1901
No 73 Friendly Societies (Further Amendment) Act, 1901
No 75 Mines Inspection Act, 1901

1902 No 2

Prince Alfred Hospital Additions Act, 1901

No 3 Vice-Admiralty Vexatious Arrests Act, 1901
No 4 Government Railways (Commissioner’s Salary) Act, 1901
No 5 Manly Water Supply and Sewerage Transfer Act, 1901
No 8 Treasury Bills Deficiency (Amendment) Act, 1901
No 9 Pyrmont Bridge Extension Act, 1901
No 12 Little Bay Penitentiary and Prison Act, 1901
No 13 University of Sydney (Fisher Library) Act, 1901
No 14 Municipalities (Incorporation Validating) Act, 1901
No 16 Wharfage and Tonnage Rates Act, 1901
No 19 Native Dogs Destruction and Poisoned Baits Act, 1901

1902

No 20 Necropolis Act 1901
No 21 Borough of Drummoyne Loan Enabling Act, 1902
No 25 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1902-1903;  and for Services to be hereafter provided for by Loan
No 26 Audit Act, 1902
No 28 Drainage Promotion Act Amendment Act, 1902
No 30 Public Health Act, 1902
No 31 Public Service Act, 1902
No 32 Constitution Act, 1902
No 33 Parliamentary Electorates and Elections Act, 1902
No 34 General Legal Procedure Act, 1902
No 35 Sydney Corporation Act, 1902
No 37 Sydney Abattoir and Nuisances Prevention Act, 1902
No 39 Width of Streets and Lanes Act, 1902
No 40 Public Parks Act, 1902
No 41 Sydney Mint Act, 1902
No 42 Standard Time Act, 1902
No 44 Labour Settlements Act, 1902
No 45 Agricultural Society Act, 1902
No 50 Butchers’ Shops Sunday Closing Act, 1902
No 51 Water Rights Act, 1902
No 52 Prince Alfred Hospital Act, 1902
No 53 Savings Bank of New South Wales Act, 1902
No 54 Women’s Franchise Act, 1902

1902

No 56 Survey Marks Act, 1902
No 57 Hay Irrigation Act, 1902
No 58 Agreements Validating Act, 1902
No 59 Masters and Servants Act, 1902
No 60 Sydney Female School of Industry Act, 1902
No 61 Australian Museum Act, 1902
No 68 Trustees of Schools of Arts Enabling Act, 1902
No 70 Grants for Public Worship Prohibition Act, 1902
No 71 Women’s College Act, 1902
No 73 Coal Mines Regulation Act, 1902
No 75 Fines and Forfeited Recognizances Recovery Act, 1902
No 76 Government Railways (Fencing) Act, 1902
No 78 Balranald Irrigation Act, 1902
No 79 Inscribed Stock Act, 1902
No 81 Public Loans Act, 1902
No 82 Noxious Trades Act, 1902
No 83 Newcastle Sewerage Act, 1902
No 84 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1902-1903;  and for Services to be hereafter provided for by Loan
No 85 Cobar to Wilcannia Railway Act, 1902
No 86 Sydney Corporation (Amendment) Act, 1902
No 87 Sydney Water Supply (Cataract River Dam) Act, 1902
No 88 Bogan Gate to Bulbodney Railway Act, 1902

1902

No 89 Temora to Barellan Railway Act, 1902
No 90 Burwood Municipal Loan Validation Act, 1902
No 92 University and University Colleges (Amendment) Act, 1902
No 93 Water and Drainage Act, 1902
No 94 Treasury Bills Act of 1902
No 97 Benevolent Society of New South Wales Act of 1902
No 99 Savings Bank of New South Wales (Amendment) Act, 1902
No 103 Municipal Loans Validating Act, 1902
No 104 Richmond Bridge Act, 1902
No 105 Appropriation Act of 1902-1903
No 107 Wine Adulteration Act, 1902
No 108 Loan Act of 1902
No 109 Appraisement Act, 1902
No 110 Public Health (Night-soil Removal) Act, 1902
No 111 Pastures Protection Act, 1902
No 112 Municipalities Relief Act, 1902
No 113 City of Sydney Streets Loan Act, 1902
No 114 Gold Dredging Leases Modification Act, 1902
No 115 Land Tax (Leases) Act, 1902
No 116 Municipal District of Wrightville Naming Act of 1902
No 117 Burwood Municipal Loan Validation Act, 1902

1903 No 2

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1903-1904;  and for Services to be hereafter provided for by Loan

1903

No 3 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1903-1904
No 4 Stage-carriages Act Amendment Act of 1903
No 5 Lithgow Municipal Loans (Validation) Act, 1903
No 6 Influx of Criminals Prevention Act, 1903
No 7 Hawkesbury Benevolent Society’s (Amendment) Act, 1903
No 8 Public Service (Superannuation) Act, 1903
No 9 Senators’ Elections Act, 1903
No 10 Appropriation Act of 1903-1904
No 13 Reduction of Members Referendum Act, 1903
No 14 Loan Act, 1903
No 15 Crown Lands Act Amendment Act, 1903
No 16 Sydney Harbour Trust (Leasing) Act, 1903
No 18 Native Animals Protection Act, 1903
No 19 Commercial Causes Act, 1903
No 21 Deaf, Dumb, and Blind Institution Vesting Act, 1903

1904 No 1

Electorates Redistribution Act, 1904

No 2 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1904-1905
No 3 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1904-1905;  and for Services to be hereafter provided for by Loan
No 4 Claims against the Government and Crown Suits (Amendment) Act, 1904

1904

No 5 Public Works Committee Act, 1904
No 6 Legal Process Facilitation Act, 1904
No 7 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1904-1905
No 8 Treasury Bills Redemption Act, 1904
No 9 Master in Equity (Deputy) Act, 1904
No 10 Henry Wait Bequest Act, 1904
No 11 Coal Mines Regulation (Inspection) Act, 1904
No 12 Treasury Indemnity Act, 1904
No 13 Miners’ Accident Relief (Validating) Act, 1904
No 15 Library and Art Gallery Amendment Act, 1904
No 17 Land and Income Tax (Amendment) Act, 1904
No 18 Municipal Loans (Validating) Act, 1904
No 19 State Debt and Sinking Fund Act, 1904
No 20 Pastures Protection Amendment Act, 1904
No 21 Mines Inspection Amendment Act of 1904
No 22 Navigation Amendment (Regulations) Act, 1904
No 23 Centenary Park Sale Act, 1904
No 24 Stamp Duties (Amendment) Act, 1904
No 26 Sydney Harbour Rates Act, 1904
No 28 Hyde, Cook, and Phillip Parks Act, 1904
No 29 Parramatta Friendly Societies’ Hall Site Vesting Act
No 30 Oxford-street Extension Act, 1904
No 31 Loan Act, 1904

1904

No 32 Appropriation Act of 1904-1905
No 35 Dental Hospitals Union Act, 1904
No 37 Closer Settlement Act, 1904

1905 No 1

Industrial Arbitration (Temporary Court) Act, 1905

No 4 Lands Commission Act, 1905
No 5 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1905-1906;  and for Services to be hereafter provided for by Loan
No 6 Centenary Park Sale (Conveyancing) Act, 1905
No 7 Darling Island Vesting Act, 1905
No 9 Wollongong Harbour Trust Resumption Act, 1905
No 10 New South Wales Institution for the Deaf and Dumb and the Blind Incorporation Act of 1905
No 11 Lands Commission (Amendment) Act, 1905
No 13 Government Motor Omnibus Act, 1905
No 14 Statistical Maps Act, 1905
No 17 Lands Commission (Witnesses) Act, 1905
No 19 An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1905-1906
No 20 Observatory Hill Lands Leasing Act, 1905
No 21 Tamworth Show-ground (Amendment) Act, 1905
No 23 Parramatta Sewerage and Drainage Act, 1905
No 25 Coal Mines Regulation (Amending) Act, 1905
No 26 Liverpool Municipal Loan (Amendment) Act, 1905

1905

No 27 Newcastle Friendly Societies and Trades Hall Site Act Amendment Act of 1905
No 28 National Library Act, 1905
No 29 Appropriation Act of 1905-1906
No 30 Treasury Bills Deficiency Act, 1905
No 31 Taxation Amending Act, 1905
No 32 Treasury Indemnity Act, 1905
No 34 Sydney Water Supply Conduit Additional Works Act, 1905
No 36 Loan Act, 1905
No 37 Sydney Harbour Trust (Reclamations and Leasing) Act, 1905
No 38 Western Lands (Amendment) Act of 1905
No 39 Sydney Corporation Amendment Act, 1905

No 42

Crown Lands Amendment Act of 1905

No 43

Country Towns Water and Sewerage (Amendment) Act, 1905

1906 No 1

An Act to apply certain sums out of the Consolidated Revenue Fund of New South Wales towards the Services of the Year 1906-1907;  and for Services to be hereafter provided for by Loan

No 2 Railways (Victorian and Queensland By-laws) Enabling Act
No 3 Consolidated Revenue Fund (Municipal Grant) Act, 1906
No 4 Dower Abolition Act, 1906
No 5 Stock Registration Transfer Act, 1906
No 7 Railway Commissioners Appointment Act, 1906
No 8 Royal Alexandra Hospital for Children Incorporation Act of 1906
No 9 Public Works and Closer Settlement Funds Act, 1906

1906

No 10 Borough of Balmain Electric Lighting Act
No 11 An Act to apply certain sums out of the Consolidated Revenue Fund and the Public Works Fund towards the Services of the Year 1906-1907;  and for Services to be hereafter provided for by Loan
No 16 Sydney Corporation Amendment Act, 1906
No 17 Sydney Council (Resumption Moneys) Act, 1906
No 18 North Coast Railway Act, 1906
No 19 Bellevue Hill Tramway Act, 1906
No 21 Royal Alexandra Hospital for Children Incorporation Amendment Act of 1906
No 23 Sydney Stock-driving Act, 1906
No 24 East to West Maitland Tramway Act, 1906
No 25 Belmore to Chapel Road Railway Act, 1906
No 26 Addison-road to Dulwich Hill Electric Tramway Act, 1906
No 27 Judges’ Pensions Amendment Act, 1906
No 28 Police Regulation (Superannuation) Act, 1906
No 31 Friendly Societies (Amendment) Act, 1906
No 32 George-street to Erskinville Tramway Act, 1906
No 33 Hunter District Water and Sewerage (Amendment) Act, 1906
No 34 Municipal Loans Authorisation and Validation Act, 1906
No 35 Mudgee to Dunedoo, via Canadian Lead, Railway Act, 1906
No 36 Great Western Railway Deviation (Lithgow Zigzag) Act, 1906
No 38 Appropriation Act of 1906-1907
No 39 Loan Act, 1906
No 40 Local Government Extension Act, 1906

1906

No 41 Parliamentary Elections Act, 1906
No 42 Improvement Leases Cancellation Act, 1906
No 43 Public Works Committee (Amendment) Act, 1906
No 44 Closer Settlement (Amendment) Act, 1906
No 45 Careless Use of Fire (Amendment) Act, 1906
No 46 Barren Jack Dam and Murrumbidgee Canals Construction Act, 1906
No 47 Taxation Amending Act, 1906
No 48 Government Savings Bank Act, 1906
No 50 Illawarra Suburbs Sewerage Construction Act, 1906
No 51 Drummoyne Sewerage Construction Act, 1906
No 52 Wallsend-Buttai Pipe-line Construction Act, 1906
No 53 David Berry Hospital Act, 1906
No 54 Broken Hill and Umberumberka Water Supply Act, 1906
No 55 Gaming and Betting (Amendment) Act, 1906
No 57 Tocumwal Railway Extension Act, 1906
No 58 Sydney Abattoir Construction Act, 1906
No 59 Water and Drainage and Artesian Wells (Amending) Act, 1906

1907 No 2

Gaming and Betting (Amendment) Act, 1907

No 3 Newcastle Wharfage Act, 1907
No 4 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1907-1908, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan
No 5 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1907-1908;  and for Services to be hereafter provided for by Loan

1907

No 6 Department of Agriculture Act, 1907
No 7 Income Tax Deduction Act, 1907
No 8 Stamp Duties (Amendment) Act, 1907
No 10 Darling Harbour Land Titles Act, 1907
No 11 Broken Hill and Umberumberka Water Supply (Amendment) Act, 1907
No 12 Closer Settlement (Amendment) Act, 1907
No 13 Narromine to Peak Hill Railway Act, 1907
No 14 Lockhart to Clear Hills, viâ Boree Creek, Railway Act, 1907
No 15 Wallsend to West Wallsend Tramway Act, 1907
No 16 Drummoyne to Ryde Electric Tramway Act, 1907
No 17 Parramatta Friendly Societies’ Hall Site (Amendment) Act, 1907
No 19 Loan Act, 1907
No 20 Appropriation Act of 1907-1908
No 22 Invalidity and Accidents Pensions Act, 1907

1908 No 1

Public Works (Interest) Act, 1907

No 2 Ministers’ Salaries Act, 1907
No 4 Improvement Leases Cancellation (Declaratory) Act, 1908
No 5 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1908-1909, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan
No 6 Subventions to Friendly Societies Act, 1908
No 7 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1908-1909, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan

1908

No 9 Grass-tree Licences Act, 1908
No 10 Public Service (Superannuation) Act, 1908
No 11 Prisoners Detention Act, 1908
No 15 Registrar-General’s Offices Act, 1908
No 16 Sutherland to Cronulla Tramway Act, 1908
No 17 Cowra to Canowindra Railway Act, 1908
No 18 Kyogle to Casino Railway Act, 1908
No 19 Great Western Railway Deviation (Lithgow Zigzag, ‘Section B’) Act, 1908
No 20 Long Bay Disposal of Sewage Act, 1908
No 21 Appropriation Act, 1908-1909
No 22 Loan Act, 1908
No 23 Cooma to Bombala, viâ Nimitybelle, Railway Act, 1908
No 25 Harris-street to Evans-street, Balmain, Electric Tramway Act, 1908
No 26 The Spit to Manly Electric Tramway Act, 1908
No 27 Sydney Corporation (Amendment) Act, 1908
No 29 Minimum Wage Act, 1908
No 30 Crown Lands (Amendment) Act, 1908
No 31 Pure Food Act, 1908
No 32 Western Lands Act Amendment Act of 1908
No 33 Coal Mines Regulation (Amending) Act, 1908
No 34 Sydney Harbour Trust and Navigation Amendment Act, 1908

1909

No 1

An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1909-1910, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan

No 3 Improvement Leases Cancellation (Declaratory) Act, 1909
No 4 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1909-1910, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan
No 6 Forestry Act, 1909
No 7 Sydney Harbour Trust Land Titles Act, 1909
No 8 Crown Lands (Improvement Purchase) Act, 1909
No 9 Fire Brigades Act, 1909
No 10 Moree to Mungindi Railway Act, 1909
No 11 Newcastle Northern Breakwater Extension Act, 1909
No 12 Cremorne Tramway Act, 1909
No 13 Railways Crossings Act, 1909
No 14 Seat of Government Surrender Act, 1909
No 15 Trustees of Show-grounds Enabling Act, 1909
No 16 Loan Act, 1909
No 17 Appropriation Act, 1909-1910
No 18 Western Lands Act Amendment Act of 1909
No 19 Lithgow Sewerage Act, 1909
No 20 Morrisset Hospital for Insane Act, 1909
No 21 Closer Settlement (Amendment) Act, 1909
No 23 Paddington Streets Extension Act, 1909
No 27 Dentists (Amendment) Act, 1909

1909

No 28 Factories and Shops (Amendment) Act, 1909

1910 No 3

An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1910-1911, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan

No 4 Loan (Railways) Act, 1910
No 5 Industrial Disputes (Amendment) Act, 1910
No 6 Crown Lands (Amendment) Act, 1910
No 7 Closer Settlement Promotion Act, 1910
No 9 Royal Navy Recreation Ground Act, 1910
No 10 Workmen’s Compensation Act, 1910
No 11 Railway Service Superannuation Act, 1910
No 12 Saturday Half Holiday Act, 1910
No 13 Murrumbidgee Irrigation Area Resumption Act, 1910
No 15 Fire Brigades Amendment Act, 1910
No 16 Miners’ Accident Relief (Amendment) Act, 1910
No 17 Flemington to Belmore, and Wardell-road to Glebe Island and Darling Island Railways Act, 1910
No 18 Parliamentary Elections (Second Ballot) Act, 1910
No 19 Clerical Workers Act, 1910
No 20 Royal North Shore Hospital of Sydney Act, 1910
No 21 Public Service (Amendment) Act, 1910
No 22 An Act to apply certain sums out of the Consolidated Revenue Fund towards the Services of the Year 1910-1911, and out of the Public Works Fund;  and for Services to be hereafter provided for by Loan
No 23 Early Closing Amendment Act, 1910

1910

No 24 Grafton and South Grafton Water Supply Act, 1910
No 25 Sydney Water Supply Amplification and Improvement Act, 1910
No 26 Junee Water Supply Act, 1910
No 27 Albury Sewerage Act, 1910
No 28 Botany and North Botany Sewerage Act, 1910
No 29 Wagga Sewerage Act, 1910
No 30 University of Sydney (Fisher Library Completion) Act, 1910
No 31 Broken Hill (Umberumberka Creek) Water Supply Act, 1910
No 32 Darley-road, Randwick, to Little Coogee Tramway Act, 1910
No 33 Carrington Wharfage Act, 1910
No 34 Victoria and Rushcutters Bay Parks Act, 1910
No 35 Great Western Railway Duplication (Emu Plains and Blaxland) Act, 1910
No 36 Camden Sewerage Act, 1910
No 37 Bathurst Sewerage Act, 1910
No 38 Orange Sewerage Act, 1910
No 39 Glenreagh to Dorrigo Railway Act, 1910
No 40 Coal Mines Regulation (Ventilation) Act, 1910
No 41 Orange Hospital for Insane Act, 1910
No 42 Murrumbidgee Irrigation Act, 1910
No 43 Loan Act, 1910

No 44

Appropriation Act, 1910

SCHEDULE 2  (See s 5)

other acts repealed

Commonwealth Functions (Statutes Review) Act 1981, Part II

Courts (Hire-purchase Agreements) Act 1963 No 7

Crimes Legislation (Status and Citation) Act 1992 No 6

Imperial Acts Application  (Amendment) Act 1987 No 44

Imperial Acts (Substituted Provisions) (Amendment) Act 1987 No 45

Law Reform (Abolitions and Repeals) Act 1996 No 1

Law Reform (Repeal of Laws) Act 1997 No 42

Maintenance Act 1968 No 20

Maintenance Act 1973 No 30

Maintenance (Amendment) Act 1993 No 5

New South Wales Acts Act 1986 No 91

New South Wales Acts Application Act 1984 No 41

New South Wales Acts Application (Amendment) Act 1984 No 58

New South Wales Acts Application (Amendment) Act 1986 No 5

Printing and Newspapers Act 1961 No 16

Printing and Newspapers Act 1970 No 3

Self-Government (Citation of Laws) Act 1989 No 21

Statute Law Revision (Penalties) Act 1994 No 81

SCHEDULE 3  (See s 6)

AMENDMENTS OF ACTS

Administration and Probate Act 1929

Section 3—

Repeal the section.

Subsection 5 (1) (definition of Rules)—

Omit the definition, substitute the following definition:

rules  mean rules of court made by the Supreme Court that apply to matters arising under this Act.”.

Subsection 5 (3)—

Omit the subsection.

Subsection 8C (1)—

Omit all the words after “death” (first occurring).

Subsection 8C (2)—

Omit the subsection.

Subsection 21 (2)—

Omit “durante minore aetate of the next of kin”, substitute “during the minority of the infant”.

New Division 4 of Part 3—

After section 43 insert the following Division in Part 3:

Division 4—Position of executor of an executor

Note  The provisions of this Division were relocated from Part 3 of Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts. The provisions of Part 3 of Schedule 2 were substituted for 25 Edw. 3, St. 5, c 5 (1351). Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of law continue to apply to this Division (see Interpretation Act 1967, s 49 (3)).”.

Paragraph 64 (1A) (a)—

(a)   Omit “Registration of Births, Deaths and Marriages Act 1963”, substitute “Births, Deaths and Marriages Registration Act 1997”.

(b)Omit “of Births and the Register of Parentage Information”.

New Part 3D—

After section 74 insert the following Part:

part 3D—liability of certain persons in relation to deceased estates

Note  The provisions of this Part were relocated from Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts. Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of law continue to apply to this Part (see Interpretation Act 1967, s 49 (3)).”.

Part VA—

Repeal the Part.

Subsection 90 (2)—

Omit “Public Curator”, substitute “public trustee”.

Section 129—

Repeal the section.

Schedules heading—

Omit the schedules heading.

First Schedule—

Repeal the schedule.

Administrative Appeals Tribunal Act 1989

Subsection 3 (1) (definition of Registrar)—

Omit “and includes a Deputy Registrar”.

Subsection 47 (2)—

(a)Omit “or a Judge of the Court sitting in chambers”.

(b)Omit “or Judge”.

Subsection 47 (3)—

Omit “or a Judge of the Court sitting in chambers”.

Section 57—

Repeal the section, substitute the following section:

  1. Registrar and deputy registrar

  2. The registrar of the Magistrates Court is the registrar of the tribunal.

  3. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  4. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  5. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Administrative Decisions (Judicial Review) Act 1989

Subsection 3 (1) (definition of enactment, paragraph (b))—

Omit the paragraph.

Subparagraph 9 (2) (b) (iii)—

Omit “the Buildings (Design and Siting) Act 1964,”.

Paragraphs 16 (1) (a) and (b)—

(a)Omit “or a Judge sitting in chambers”.

(b)Omit “or the Judge”.

Subsection 16 (2)—

(a)Omit “or a Judge sitting in chambers”.

(b)Omit “or Judge’s”.

Agents Act 1968

Subsection 5 (1) (definition of identity card)—

Omit the definition.

Section 6C—

Repeal the section, substitute the following section.

6C Inspectors—identity cards

  1. The chief executive must issue to the registrar, the deputy registrar and each inspector an identity card that—

    (a)states the name and position of the person to whom it is issued; and

(b)includes a recent photograph of the person.

  1. A person—

    (a)to whom an identity card was issued under subsection (1); and

(b)who ceases to occupy or act in the position the person held when the card was issued;

must, unless the person has a reasonable excuse, return the card to the chief executive as soon as practicable, but no later than 21 days, after ceasing to occupy or act in the position.

Maximum penalty:  1 penalty unit.”.

Subsection 71T (2)—

Omit the subsection.

Associations Incorporation Act 1991

Section 3 (definition of banking corporation)—

Omit the definition, substitute the following definition:

banking corporation  means a bank, building society or credit union.”.

Section 3 (definition of determined fee)—

Omit “section 125”, substitute “section 126”.

Building and Services Act 1924

Section 1A (definition of Authority)—

Omit the definition, substitute the following definition:

authority means ACTEW Corporation Limited.”.

Section 1A (definition of services)—

(a)After “includes” insert “the supply of water or electricity”.

(b)Omit “aerial masts and fittings in connection with wireless receivers”, substitute “communication infrastructure and equipment and fittings and cables in connection with communication infrastructure and equipment”.

Business Names Act 1963

Subsection 9 (1)—

Omit “Australian Securities Commission”, substitute “Australian Securities and Investments Commission”.

Consumer Affairs Act 1973

Long title—

Omit the title, substitute the following title:

“An Act to make provision for fair trading advisory committees and to establish the Office of Fair Trading”.

Section 1—

Repeal the section, substitute the following section:

  1. Name of Act

This Act is the Fair Trading (Consumer Affairs) Act 1973.”.

Section 3 (definition of Director)—

Omit “Consumer Affairs”, substitute “Fair Trading”.

Section 3 (definition of the Bureau)—

Omit the definition.

Section 3—

Insert the following definition:

office means the Office of Fair Trading of the Australian Capital Territory.”.

Heading to Part 2—

Omit “Consumer Affairs”, substitute “Fair Trading”.

Heading to Part 3—

Omit “Consumer Affairs Bureau”, substitute “Office of Fair Trading”.

Sections 12, 13 and 14—

Repeal the sections, substitute the following sections:

  1. Office of Fair Trading

    An office called the Office of Fair Trading of the Australian Capital Territory is established.

  2. Director of Fair Trading

  3. There is to be a Director of Fair Trading for the Australian Capital Territory.

  4. The chief executive must establish an office in the public service the duties of which include performing the functions of the director.

  5. The director is the public servant for the time being performing the duties of the public service office mentioned in subsection (2).

  6. Functions of office

    The functions of the office are—

    (a)to receive complaints from consumers and persons dealing with consumers about fraudulent or unfair commercial practices; and

(b)to investigate those complaints and take appropriate action; and

(c)to conduct other investigations and research about issues affecting the interests of consumers and persons dealing with consumers; and

(d)to make information available to the public about issues affecting the interests of consumers and persons dealing with consumers; and

(e)to make available for the guidance of consumers and persons dealing with consumers information about the laws in force in the Territory affecting the interests of consumers and persons dealing with consumers; and

(f)to assist the director to carry out his or her functions.”.

Subsection 15 (1)—

Omit “Bureau”, substitute “office of fair trading”.

Paragraph 15A (1) (b)—

Omit “Bureau”, substitute “office”.

Subsection 15B (1)—

Omit “Bureau”, substitute “office”.

Subsection 15E (5)—

Omit “Bureau”, substitute “office”.

Subsection 15F (1)—

Omit “Bureau”, substitute “office”.

Paragraph 15FAA (2) (b)—

Omit “Bureau”, substitute “office”.

Subsection 15FAB (5)—

Omit “Bureau”, substitute “office”.

Paragraphs 15G (2) (a) and (b)—

Omit “Bureau”, substitute “office”.

Consumer Credit Act 1995

Section 8—

Omit “Consumer Affairs”, substitute “Fair Trading”.

Consumer Credit (Administration) Act 1996

Section 3 (definitions of Director, Registrar and Tribunal)

Omit the definitions, substitute the following definitions:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.

registrar means the registrar of the tribunal.

tribunal means the Australian Capital Territory Credit Tribunal.”.

Section 3 (definitions of bank, Bureau and Deputy Registrar)

Omit the definitions.

Section 3—

Insert the following definition:

office means the office of fair trading under the Fair Trading (Consumer Affairs) Act 1973.”.

Division 3 of Part 4—

Repeal the Division, substitute the following Division:

Division 3—Registrar and deputy registrars

  1. Registrar and deputy registrars

  2. The registrar of the Magistrates Court is the registrar of the tribunal.

  3. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  4. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  5. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Conveyancing and Law of Property Act 1898

Sections 31, 32, 33 and 34—

Repeal the sections.

Subsection 36 (3)—

Omit the subsection.

Sections 39, 40, 41, 42 and 44—

Repeal the sections.

Subsection 46 (2)—

Omit the subsection.

Sections 47, 49, 50, 51 and 52—

Repeal the sections.

Paragraph 63 (a)—

Omit all the words after “invest” (second occurring).

Section 63—

Add at the end the following subsection:

  1. If money is invested under paragraph (1) (a) in terminable securities, provision must be made by way of sinking fund or otherwise in relation to any premiums or discount to secure the full capital for persons having remoter interests.”.

Sections 66, 70, 74, 75, 76, 77, 78, 79 and 80—

Repeal the sections.

Subsection 105 (1)—

Omit all the words after “subject” (last occurring).

Section 105—

After subsection (1), insert the following subsection:

“(1A)   If there is a subsequent subsisting mortgage on the property at the date of an acknowledgment mentioned in subsection (1), the legal estate in the property under the discharged mortgage vests—

(a)in the person in whom the subsequent mortgage is vested; or

(b)if there are 2 or more such subsequent mortgages—in the person who has the prior right to call for an assurance of the legal estate.”.

Subsection 105 (2)—

Omit the subsection.

Subsection 108 (4)—

Omit all the words after “thereof”.

Section 108—

Add at the end the following subsection:

  1. An order under subsection (4) takes effect only when it has been registered with the registrar-general.”.

Section 117—

Repeal the section.

Credit Act 1985

Subsection 5 (1) (definition of Director)—

Omit the definition, substitute the following definition:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.”.

Subsection 5 (1) (definitions of bank and the Bureau)—

Omit the definitions.

Subsection 5 (1)—

Insert the following definition:

office means the office of fair trading under the Fair Trading (Consumer Affairs) Act 1973.”.

Discrimination Act 1991

Section 110F—

Repeal the section, substitute the following section:

“110FRegistrar and deputy registrar

  1. The registrar of the Magistrates Court is the registrar of the tribunal.

  2. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  3. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  4. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Education Act 1937

Subsection 19 (2)—

Omit the subsection.

Evidence Act 1971

Section 73—

Relocate the section to the Supreme Court Act 1933 as section 58A.

Section 91—

(a)Omit from subsection (1) “of the Supreme Court”.

(b)Omit from paragraph (5A) (b) “of the Supreme Court”.

(c)   Relocate the section (as amended) to the Supreme Court Act 1933 as section 74A.

Section 97—

Relocate the section to the Supreme Court Act 1933 as section 70A.

Fair Trading Act 1992

Subsection 5 (1) (definition of director)—

Omit the definition, substitute the following definition:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.”.

New section 35A—

After section 35 insert the following section:

“35A  Evidence of code

In any proceeding before a court, evidence of a code as in force on a day or during a period may be given by the production of a document purporting to be a copy of the code if the copy contains a statement signed by the director that the document is an accurate copy of the code as in force on that day or during that period.”.

Fair Trading (Fuel Prices) Act 1993

Subsection 2 (1) (definition of Director)—

Omit the definition, substitute the following definition:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.”.

Freedom of Information Act 1989

Paragraphs 47 (a) and (b)—

Omit “Companies and Securities”, substitute  “Corporations”.

Paragraph 47 (c)—

Omit “National Companies and Securities Commission”, substitute “Australian Securities and Investments Commission”.

Guardianship and Management of Property Act 1991

Section 4—

Insert the following definitions:

deputy president means a deputy president of the tribunal.

non-presidential member means a member of the tribunal who is not a presidential member.

presidential member means the president or a deputy president of the tribunal.”.

Subsection 35 (1)—

Omit “President”, substitute “presidential member”.

Subsections 38 (3) and (4)—

Omit “President”, substitute “presidential member”.

Subsections 39 (1)—

Omit “President”, substitute “presidential member”.

Sections 41—

Omit “President” (wherever occurring), substitute “presidential member”.

Section 42—

Omit “President” (wherever occurring), substitute “presidential member”.

Subsections 45 (2) and (3)—

Omit “President” (wherever occurring), substitute “presidential member”.

Subsections 48 (1) and (3)—

Omit “President” (wherever occurring), substitute “presidential member”.

Subsections 49 (1) and (2)—

Omit “President”, substitute “presidential member”.

Paragraph 51 (b)—

Omit “President”, substitute “presidential member”.

Sections 58 and 59—

Repeal the sections, substitute the following sections:

  1. Membership

  2. The tribunal consists of—

    (a)a president; and

(b)deputy presidents; and

(c)other members.

  1. The members of the tribunal are to be appointed by the Executive.

  2. A person is eligible to be appointed president only if the person is a magistrate.

  3. The president is responsible for the orderly and expeditious discharge of the business of the tribunal.

  4. The Executive may appoint an acting president if the office is vacant or during the absence of the president.

  5. A person is eligible to be appointed deputy president only if the person is a lawyer of 5 years standing.

  6. A presidential member holds office for the period (not longer than 5 years) stated in his or her instrument of appointment but is eligible for reappointment.

  7. The Executive may appoint as non-presidential members persons who have, in its opinion, appropriate expertise, training or experience in relation to, and are otherwise suitable to deal with, the needs of persons who, because of a physical, mental, psychological or intellectual condition, need assistance or protection from abuse, exploitation or neglect.

  8. A non-presidential member holds office for the period (not longer than 3 years) stated in his or her instrument of appointment but is eligible for reappointment.

“(10)   A member may be appointed as a full-time member or a part-time member.

“(11)   Subject to this Part, a member of the tribunal holds office on the terms (including terms about remuneration and allowances) stated in his or her instrument of appointment.

  1. Constitution for exercise of powers

  2. The tribunal may exercise its powers only if constituted by—

    (a)a presidential member; or

(b)a presidential member and other members as decided by the presidential member.

  1. However, if a member of the tribunal other than the presidential member ceases to be available for the conduct of an inquiry before its completion, the presidential member and any remaining member may finish the inquiry if the presidential member considers it desirable to do so.”.

Subsection 60 (1)—

Omit “President”, substitute “presidential member”.

Subsection 60 (2)—

Omit the subsection, substitute the following subsection:

  1. Subject to subsection (1), if there is a division of opinion in relation to a question, the question is decided—

    (a)   according to the opinion of the majority; or

(b)   if there is no majority—according to the opinion of the presidential member.”.

Subsections 63 (2) and (3)—

Omit the subsections, substitute the following subsections:

  1. The Executive may appoint a person to act as the president only if the person is a magistrate.

  2. The Executive may appoint a person to act as a deputy president only if the person is a lawyer of 5 years standing.

“(3A)   The Executive may appoint a person to act as a non-presidential member only if the person is a person mentioned in subsection 58 (8).”.

Subsections 68 (1) and (6)—

Omit “President” (wherever occurring), substitute “presidential member”.

Imperial Acts Application Act 1986

Schedule 4—

Relocate to the Schedule to the Trustee Act 1925 all the words from and including “Whereas lands” to and including “employ the same.”.

Remainder of the Act—

Repeal the remainder of the Act.

Imperial Acts (Substituted Provisions) Act 1986

Schedule 2, Part 1A—

(a)Renumber clauses 1 and 2 as subsections 36 (1) and (2).

(b)Omit from clause 2 “Clause 1”, substitute “Subsection (1)”.

(c)Relocate clauses 1 and 2 (as amended) to Division 1 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 3—

(a)Renumber clauses 1, 2 and 3 as sections 43A, 43B and 43C, respectively.

(b)Omit from paragraph 1 (a) “(in this Part referred to as the ‘original executor’)”, substitute “(in this Division called the original executor)”.

(c)Omit from paragraph 1 (c) “(in this Part referred to as the ‘succeeding executor’)”, substitute “(in this Division called the succeeding executor)”.

(d)Omit from paragraph 1 (e) “this clause”, substitute “this section”.

(e)Omit from clauses 2 and 3 “clause 1”, substitute “section 43A”.

(f)Relocate clauses 1, 2 and 3 (as amended) to Division 4 of Part 3 of the Administration and Probate Act 1929 (after the note).

Schedule 2, Part 4—

(a)Omit from paragraph 1 (a) “contained”.

(b)Omit from paragraph 1 (b) “like manner”, substitute “the same way”.

(c)Insert in paragraph 1 (b) “person” after “deceased”.

(d)Add at the end of clause 1 the following note:

Note  This section was relocated from Part 4 of Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts. The provisions of Part 4 of Schedule 2 were substituted for 31 Edw. 3, St. 1, c 11 (1357) and 1 Jas. 2 c 17, s 6 (1685). Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of law continue to apply to this section (see Interpretation Act 1967, s 49 (3)).”.

(e)Relocate clause 1 (as amended) to the Administration and Probate Act 1929 (after section 12) as section 13.

Schedule 2, Part 4A—

(a)Renumber clause 1 as section 37.

(b)Relocate clause 1 (as amended) to Division 2 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 5—

(a)Renumber clause 4 as section 39.

(b)Relocate clause 4 (as amended) to Division 3 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 6—

(a)Renumber clauses 1 and 2 as sections 40 and 41, respectively.

(b)Omit from subclause 1 (2) “Subclause (1)”, substitute “Subsection (1)”.

(c)Omit from subclause 1 (4) “Subclauses (1), (2) and (3)”, substitute “Subsections (1), (2) and (3)”.

(d)Omit from subclause 1 (5) “This clause”, substitute “This section”.

(e)Omit from paragraphs 1 (5) (a) and (b) “the commencing date”, substitute “26 June 1986”.

(f)Omit from paragraph 1 (5) (c) “the commencing date” (first occurring), substitute “26 June 1986”.

(g)Omit from paragraph 1 (5) (c) “the commencing date” (last occurring), substitute “that date”.

(h)Omit from subclause 2 (2) “This clause”, substitute “This section”.

(i)Omit from paragraph 2 (2) (a) “the commencing date”, substitute “26 June 1986”.

(j)Omit from paragraph 2 (2) (b) “the commencing date” (first occurring), substitute “26 June 1986”.

(k)Omit from paragraph 2 (2) (b) “the commencing date” (last occurring), substitute “that date”.

(l)Relocate clauses 1 and 2 (as amended) to Division 4 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 7—

(a)Renumber clauses 1 to 7 as sections 42 to 48, respectively.

(b)Omit from clause 1 “clause 2”, substitute “section 43”.

(c)Omit from clause 1 “, whether before or after the commencing date,”.

(d)Omit from clause 2 “Clause 1”, substitute “Section 42”.

(e)Omit from the heading to clause 4 “clause 3”, substitute “section 45”.

(f)Omit from clause 4 “clause 3”, substitute “section 44”.

(g)Omit from clause 4 “that clause applied, whether made before, on or after the commencing date,”, substitute “the section”.

(h)Omit from the heading to clause 6 “clause 5”, substitute “section 46”.

(i)Omit from clause 6 “Clause 5”, substitute “Section 46”.

(j)Omit from clause 7 “this Part, unless the contrary intention appears”, substitute “this Division”.

(k)Relocate clauses 1 to 7 (as amended) to Division 5 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 8—

(a)Renumber clause 1 as section 74A.

(b)Add at the end of clause 1 the following note:

Note  The provisions of this section were substituted for 43 Eliz. 1 c 8 (1601).”.

(c)Relocate clause 1 (as amended) to Part 3D of the Administration and Probate Act 1929 (after the note).

Schedule 2, Part 10—

(a)Renumber clauses 1 and 2 as sections 49 and 50, respectively.

(b)Omit from subclause 2 (2) “subclause (1)”, substitute “subsection (1)”.

(c)Omit from subclause 2 (3) “subclause (2)”, substitute “subsection (2)”.

(d)Relocate clauses 1 and 2 (as amended) to Division 6 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 11—

(a)Renumber clauses 1 to 4 as sections 51 to 54, respectively.

(b)Omit from subclause 1 (1) “this Part”, substitute “this Division”.

(c)Omit from subclause 1 (2) “Subclause (1)”, substitute “Subsection (1)”.

(d)Omit from clause 3 “clause 1 or 2”, substitute “section 51 or 52”.

(e)Omit from paragraph 3 (c) “the commencing date”, substitute “26 June 1986”.

(f)Omit from subclause 4 (2) “Subclause (1)”, substitute “Subsection (1)”.

(g)Omit from subclause 4 (2) “the commencing date”, substitute “26 June 1986”.

(h)Omit from subclause 4 (3) “Subclause (1)”, substitute “Subsection (1)”.

(i)Relocate clauses 1 to 4 (as amended) to Division 7 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 12—

(a)Renumber clause 1 as section 74B.

(b)Omit from clause 1 “, in this clause referred to as the ‘relevant person’,”, substitute “(the relevant person)”.

(c)Add at the end of clause 1 the following note:

Note  The provisions of this section were substituted for 30 Chas. 2 c 7 (1678) and 4 Will. and Mary c 24, s 12 (1692).”.

(d)Relocate clause 1 (as amended) to Part 3D of the Administration and Probate Act 1929.

Schedule 2, Part 14—

(a)Renumber clauses 1 to 3 as sections 55 to 57, respectively.

(b)Omit from clause 2 “(in this clause referred to as the ‘original lease’)”, substitute “(the original lease)”.

(c)Omit from clause 3 “Clauses 1 and 2”, substitute “Sections 55 and 56”.

(d)Relocate clauses 1 to 3 (as amended) to Division 8 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 15—

(a)Renumber clause 1 as section 58.

(b)Relocate clause 1 (as amended) to Division 9 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 15A—

(a)Renumber clauses 1 and 2 as sections 59 and 60, respectively.

(b)Omit from subclause 1 (2) “Subclause (1)”, substitute “Subsection (1)”.

(c)Omit from subclause 1 (3) “subclause (1)”, substitute “subsection (1)”.

(d)Omit from clause 2 “clause 1”, substitute “section 59”.

(e)Relocate clauses 1 and 2 (as amended) to Division 10 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 17—

(a)Renumber clause 1 as section 61.

(b)Relocate clause 1 (as amended) to Division 11 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 18—

(a)Renumber clauses 1 to 5 as sections 94A to 94E, respectively.

(b)Omit from clause 2, subclause 3 (1) and clause 4 “clause 1”, substitute “section 94A”.

(c)Omit from clause 5 “clause 2”, substitute “section 94B”.

(d)Relocate clauses 1 to 5 (as amended) to Division 6 of Part 3 of the Trustee Act 1925.

Schedule 2, Part 19—

(a)Renumber clause 1 as section 62.

(b)Relocate clause 1 (as amended) to Division 12 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Schedule 2, Part 20A—

(a)Renumber clause 1 as section 64.

(b)Omit from subclause 1 (2) “subclause (1)”, substitute “subsection (1)”.

(c)Relocate clause 1 (as amended) to Division 13 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after section 63).

Schedule 2, Part 21—

(a)Renumber clauses 1 and 2 as sections 65 and 66, respectively.

(b)Omit from subclause 1 (2) “subclause (1)”, substitute “subsection (1)”.

(c)Omit from subclause 1 (3) “subclause (2)”, substitute “subsection (2)”.

(d)Omit from subclause 2 (2) “subclause (1)”, substitute “subsection (1)”.

(e)Relocate clauses 1 and 2 (as amended) to Division 14 of Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955 (after the note).

Remainder of the Act—

Repeal the remainder of the Act.

Inebriates Act 1900

Section 1—

Omit “or in Chambers”.

Section 6—

Omit “or a Judge thereof in Chambers”.

Instruments Act 1933

Subsection 8 (2)—

Omit the subsection.

Insertion of new section 8A—

After section 8, insert the following section:

“8A    Meaning of apparent possession in Pt 8

For this Part, personal chattels are taken to be in the apparent possession of the person making or giving a bill of sale, if—

(a)they are on any land or premises occupied by the person; or

(b)they are used and enjoyed by the person anywhere;

even though that formal possession of them has been taken by or given to someone else.”.

Insurance Levy Act 1998

Paragraph 10 (1) (b)—

Omit “an auditor’s certificate”, substitute “unless the general insurer’s  total assessable portion for the financial year is less than $50,000, an auditor’s certificate”.

Interpretation Act 1967

Long title—

Omit the title, substitute the following title:

“An Act to assist in interpreting, shortening and simplifying Acts, to assist in improving their quality and accessibility, and for other purposes related to legislation”.

Sections 1, 5 and 6—

Repeal the sections, substitute the following sections:

  1. Name of Act

    This Act is the Interpretation Act 1967.

  2. Application

    This Act applies to all Acts.

  3. Displacement of Act by contrary intention

    This Act applies to an Act except so far as the contrary intention appears in this Act or the Act concerned.”.

Subsection 7 (2)—

Omit “Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth”, substitute “Self-Government Act”.

Part 2—

Repeal the part, substitute the following parts:

part 1A—sources of law in the territory

Notes on sources of law

Note 1 The laws in force in the Territory consist of the written law and various unwritten laws known as the principles and rules of common law and equity.

Note 2 The written law of the Territory consists primarily of laws, known as Acts, made by the Legislative Assembly and earlier laws, previously known as ordinances, made by the Governor-General under the Seat of Government (Administration) Act 1910 (Cwlth).  It also includes regulations, rules of court and other legislative instruments made under specific powers given by Acts.  (Written laws made under an Act are commonly called ‘subordinate’ or ‘delegated’ legislation.)

Note 3 Before self-government, ordinances were the main form of legislation made for the Territory.  Most of the ordinances in force at self-government have been converted into Acts (see s 34 of the Self-Government Act).  However, the Governor-General retains power to make ordinances for the Territory on a limited number of topics (see s 12 of the Seat of Government (Administration) Act 1910 (Cwlth)).

Note 4 The written laws in force in the Territory also include the Commonwealth Constitution, Commonwealth Acts, and regulations and other legislative instruments made under Commonwealth Acts. As a general rule, Commonwealth Acts and legislative instruments apply in the ACT in the same way as they apply in other parts of Australia. Commonwealth Acts and instruments prevail over the Acts made by the Legislative Assembly to the extent to which they are inconsistent (see s 28 of the Self-Government Act).

     Former NSW and UK Acts in force in Territory“7A

The written law of the Territory includes the NSW Acts and UK Acts mentioned in Schedule 1.

Note 1 Section 65 provides that a law mentioned in Schedule 1, to the extent that the law was in force in the Territory immediately before the commencement of that section, is taken to be, for all purposes, a law made by the Legislative Assembly as if it had been enacted by the Assembly.

Note 2 The Imperial Acts (Substituted Provisions) Act 1986 substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those UK Acts. Most of the remaining substituted provisions are now set out in Part 12 of the Law Reform (Miscellaneous Provisions) Act 1955.

Note 3 Section 65 also provides that, to remove any doubt, the remaining substituted provisions are taken to be, for all purposes, laws made by the Legislative Assembly as if they had been enacted by the Assembly.

part 2—notification, numbering and commencement of acts

  1. Notification of Acts

  2. If a proposed law has been passed by the Legislative Assembly, the Chief Minister, or a Minister authorised by the Chief Minister, must publish in the Gazette a notice of the proposed law having been passed and the place or places where copies of the law can be purchased.

  3. On the day notice of the proposed law is published in the Gazette (the notification day) or as soon as practicable after the notification day, copies of the law must be available for purchase at the place, or each of the places, stated in the notice.

  4. If, on the notification day, no copies of the law are available for purchase at the place, or any of the places, stated in the notice, the Chief Minister must present to the Legislative Assembly within 15 sitting days a statement—

    (a)that copies of the law were not so available; and

(b)explaining why they were not available.

  1. Failure to comply with subsection (2) or (3) does not affect the validity of the law.

  2. Numbering of Acts

    The Acts passed in each year are to be numbered as nearly as practicable in the order in which they are passed.

  3. Commencement of Acts on date of notification

    An Act commences on its date of notification except so far as the Act otherwise expressly provides.

  Time of commencement of Acts“10A

If an Act or a provision of an Act commences on a day, it commences at the beginning of the day.

Commencement of naming and commencement provisions on date of notification“10B  

  1. The provisions of an Act providing for its name and commencement automatically commence on the date of notification of the Act.

  2. This section applies to an Act despite anything in the Act unless the Act expressly provides that it does not apply.

Commencement by notice“10C  

  1. If an Act or provisions of an Act are expressed to commence on a day fixed by notice—

    (a)a single day or time may be fixed; or

(b)different days or times may be fixed for different provisions.

  1. If the day or time fixed by a notice in the Gazette for the commencement of an Act or a provision of an Act happens before the day the notice is published in the Gazette (the notification day)—

    (a)the notice is valid; but

(b)the Act or provision commences on the notification day.

  1. In this section—

    notice includes any instrument (however described).

Separate commencement of amendments“10D  

Any amendment made by a provision of an Act may be given a separate commencement, whether or not the provision is self-contained.

Examples

  1. Each paragraph of a provision of an amending Act may be given a separate commencement.

  2. Each item in a schedule to an amending Act may be given a separate commencement.

Automatic commencement of postponed law“10E   

  1. In this section—

    notification day, for a postponed law, means the date of notification of—

    (a)if the postponed law is an Act—the Act; or

    (b)if the postponed law is a provision of an Act—the Act that enacts the provision.

    postponed law means an Act or provision of an Act that does not commence on the notification day because a provision of an Act postpones its commencement until a day fixed by a notice or other instrument.

  2. If a postponed law has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period.

  3. This section—

    (a)applies only to a postponed law enacted after 1 January 2000; and

(b)applies to a postponed law unless an Act expressly states it does not apply.

Example—

The Hypothetical Act 2000 was notified in the Gazette on 5 July 2000 and was expressed to commence on a day to be fixed by the Minister by notice in the Gazette. If the Act had not commenced by notice on or before 4 January 2001, it would automatically commence on 5 January 2001.

    References to enactment and passing of Acts“10F

In an Act, a reference to the enactment or passing of an Act is a reference to that Act having been notified in the Gazette under section 8.

  1. References to commencement of Act

    In an Act, a reference to the commencement of the Act, or another Act, (the Act concerned) is a reference to—

    (a)if the provisions of the Act concerned (other than those providing for its name and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or

(b)if paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or

(c)in any other case—the commencement of the relevant provision of the Act concerned.”.

Sections 11C, 11D and 12—

Repeal the sections, substitute the following sections:

  Changes of drafting practice not to affect meaning“11C

If—

(a)   a provision of an Act expresses an idea in particular words; and

(b)   a provision of the same Act, or another Act, enacted later appears to express the same idea in different words or in a different way because of a different legislative drafting practice, including, for example the use of—

(i)    a clearer or simpler drafting style; or

(ii)    gender-neutral language;

the ideas must not be regarded as different merely because different words are used or the idea is expressed in a different way.

“11DExamples

If an Act includes an example of the operation of a provision, the example—

(a)is not exhaustive; and

(b)may extend, but does not limit, the meaning of the provision.

    Defined terms—other parts of speech and grammatical forms“11E

If an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.

    Application of definitions in dictionaries and sections“11F

  1. A definition in the dictionary to this Act applies to all Acts.

  2. A definition in the dictionary to another Act applies to the entire Act unless the Act provides for the definition to have a more limited application.

Examples

  1. In an Act, the word w is defined in section 10, which is in Part 3 (General concepts).  There is also a signpost definition ‘w—see section 10.’ in the Act’s dictionary.  There is nothing in the Act indicating the intended application of the definition of w.  The definition, therefore, applies to the entire Act.

  2. The dictionary to the ABC Act 1999 includes the signpost definition ‘x—see XYZ Act 1998, section 3.’.  There is nothing in the ABC Act 1999 indicating the intended application of the definition of x.  The definition of x in section 3 of the XYZ Act 1998, therefore, applies to the entire ABC Act 1999.

  3. In an Act, the word y is defined in section 30, which is not divided into subsections and is in Part 4.  Section 30 begins with the words ‘In this Part’.  The definition of y applies only to Part 4.

  4. In an Act, the word z is defined in the dictionary.  The definition provides, in part, that ‘z, in Part 4 (Registration of vehicles), means ...’.  The definition of z applies only to Part 4.

  5. A definition in a section of an Act applies only to the section unless the Act provides for the definition to have a broader application.

Examples

  1. Subsection 8 (2) of this Act contains a definition of the notification day as a tagged term.  There is nothing in this Act indicating that the definition applies outside section 8.  The definition, therefore, applies only to section 8.

  2. In an Act, the word a is defined in a section, which is not divided into subsections but contains a number of definitions.  The section begins with the words ‘In this Act’.  The definition of a applies to the entire Act.

  3. In Part 6 of an Act, the word b is defined in a section, which is not divided into subsections but contains a number of definitions.  The section begins with the words ‘In this Part’.  The definition of b applies to Part 6.

  4. In a subsection of a section of an Act, the word c is defined.  The subsection begins with the words ‘In subsection (3)’.  The definition of c applies only to subsection (3) of that section.

   Definitions apply subject to contrary intention“11G

A definition in an Act applies except so far as the contrary intention appears.

   Material that is part of an Act“11H

  1. A heading to a chapter, part, division, subdivision, schedule, or another provision (other than a section or subsection), to or of an Act is part of the Act.

  2. A heading to a section or subsection of an Act is part of the Act if—

    (a)the Act is enacted after 1 January 2000; or

(b)the heading is amended or inserted after 1 January 2000.

  1. An example or diagram in an Act is part of the Act.

  2. A schedule, dictionary or appendix to an Act is part of the Act.

  3. Punctuation in an Act is part of the Act.

  4. A provision number in an Act is part of the Act.

  5. Material that is not part of an Act

  6. A footnote, endnote, or other note, in or to an Act is not part of the Act.

  7. A table of contents (however described), or reader’s guide, in or to an Act is not part of the Act.

  8. A heading to a section or subsection of an Act is not part of the Act if subsection 11H (2) does not apply to the heading.

  9. This section does not prevent the amendment of a note, table or heading mentioned in subsection (1), (2) or (3).

  10. However, such a note, table or guide does not become part of the Act because it is amended or inserted by an Act.”.

Section 13—

Repeal the section, substitute the following section:

  1. Forms

  2. If a form is prescribed or approved under an Act, substantial compliance with the form is sufficient.

  3. However, if a form prescribed or approved under an Act requires—

    (a)the form to be prepared in a stated way (for example, on paper of a stated size or quality or in a stated electronic form); or

(b)the form to be completed in a stated way; or

(c)stated information to be included in the form, or stated documents to be attached to or given with the form; or

(d)the form, or information or documents included in, attached to or given with the form, to be verified in a stated way;

the form is properly completed only if the requirement is complied with.

  1. Despite subsection (2), if—

    (a)a form prescribed or approved under an Act for a purpose or 2 or more purposes requires information or a document to be included in, attached to or given with the form; and

(b)the information or document is not reasonably necessary for the purpose or 1 or more of the purposes;

the person need not comply with the requirement.

Examples

  1. A person need not comply with a requirement of a prescribed form to include personal information (eg marital status) irrelevant to a purpose for which the form is required.

  2. A person need not comply with a requirement of an approved form that has some relevance to a purpose for which the form is required, but intrudes to an unreasonable extent on personal privacy.

  3. If—

    (a)a form (form 1) may be prescribed or approved under an Act for a purpose or 2 or more purposes; and

(b)another form (form 2) may be prescribed or approved under the Act or another Act for the same or another purpose or purposes; and

(c)separate forms 1 and 2 are prescribed or approved;

a combination form, consisting of forms 1 and 2, may be prescribed or approved and used for the purpose or all of the purposes.

  1. If, under an Act, a form is required or permitted to be filed with, or served on, a person (whether the expression ‘file’, ‘lodge’, ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used), the form may be filed with, or served on, someone else under arrangements made between the persons.”.

Section 13A—

Omit “by or”.

Subsections 13B (1) and (2)—

Omit “, then, unless the contrary intention appears”.

Section 13D—

Omit “unless the contrary intention appears,”.

Sections 14, 14B, 15 and 17—

Repeal the sections, substitute the following sections:

  1. Reference to provisions of a law is inclusive

    In an Act, a reference to any part of a law (including the Act) is a reference to the following:

    (a)the provision of the law that forms the beginning of the part;

(b)the provision of the law that forms the end of the part;

(c)any provision of the law between the beginning and end of the part.

Examples

  1. A reference to ‘sections 5 to 9’ includes both section 5 and section 9.

  2. A reference to ‘sections 260 to 264’ includes a provision such as a part heading between section 260 and 261.

  3. A reference to ‘from child to adult’ includes both the word ‘child’ and the word ‘adult’.

  4. References to persons generally

  5. In an Act, a reference to a person generally includes a reference to a corporation as well as an individual.

  6. Subsection (1) is not displaced merely because there is an express reference to either an individual or a corporation elsewhere in the Act.

Examples of references to a person generally

  1. another person

  2. anyone else

  3. party

  4. someone else

  5. employer

Examples of express references to a corporation

  1. body corporate

  2. company

Examples of express references to an individual

  1. adult

  2. child

  3. spouse

  4. driver

  1. Meaning of may and must

  2. In an Act, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.

  3. In an Act, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.

  4. This section applies despite any presumption or rule of interpretation—

    (a)to an Act enacted after 1 January 2000; or

(b)to a provision inserted into another Act after 1 January 2000.”.

Subsection 17A (1)—

Omit “then, unless the contrary intention appears,”.

Section 18—

Omit “then, unless the contrary intention appears,”.

Section 19—

Omit “, unless the contrary intention appears”.

Section 20—

Omit “unless the contrary intention appears,”.

Section 21—

Omit “, unless the contrary intention appears,” (wherever occurring).

Section 22—

Omit “, unless the contrary intention appears,”.

New sections 23, 24 and 24A—

After section 22 insert the following sections:

  1. References to the Territory or this Territory

    In an Act, a reference to the Territory or this Territory

    (a)when used in a geographical sense—is a reference to the Australian Capital Territory; or

(b)in any other case—is a reference to the body politic established by section 7 of the Self-Government Act.

  1. References to a Minister or the Minister

  2. In an Act, a reference to a Minister is a reference to the Chief Minister or a Minister appointed under section 41 of the Self-Government Act.

  3. In a provision of an Act, a reference to the Minister without identifying the Minister’s title or portfolio is a reference to—

    (a)the Minister for the time being administering the provision; or

(b)if, for the time being, different Ministers administer the provision in relation to different matters—

(i)if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or

(ii)if 2 or more Ministers administer the provision in relation to the relevant matter—any of the Ministers; or

(c)if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any of the Ministers.

  1. In subsection (2)—

    Minister includes a Minister for the time being acting on behalf of a Minister or 2 or more Ministers.

  2. If an Act mentions a Minister and identifies the Minister merely by reference to the fact that the Minister administers a stated Act or provision, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the stated Act or provision.

  3. If an Act defines the expression Minister or the Minister for the Act or a provision of the Act in a way that does not identify a particular Minister by title or portfolio, subsections (2) and (4) apply to the Act or provision despite that definition of the expression.

  References to a chief executive or the chief executive“24A

  1. In an Act, a reference to a chief executive is a reference to a person employed under section 28 or 30 of the Public Sector Management Act to perform the duties of an office of chief executive.

  2. In a provision of an Act, a reference to the chief executive without identifying the chief executive’s title is a reference to—

    (a)the chief executive of the administrative unit responsible for the provision; or

passing, of an Act—see section 10F.

penalty includes punishment.

penalty unit—see section 33AA.

person includes an individual and a corporation.

Note  Section 15 deals with references to a person generally.

police officer means a member or special member of the Australian Federal Police.

position includes office.

power includes authority.

prescribed, in an Act, means prescribed by the Act or regulations under the Act.

proceeding means a legal or other action or proceeding.

property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes a chose in action.

Note  A chose in action is an intangible personal property right recognised and protected by the law.  Examples include debts, money held in a bank, shares, rights under a trust, copyright and right to sue for breach of contract.

provision, of an Act, means words or anything else that forms part of the Act.

Examples of provisions consisting of groups of words

Sections, subsections, paragraphs, subparagraphs, sub-subparagraphs, examples.

Examples of provisions consisting of groups of other provisions

Chapters, parts, divisions, subdivisions, schedules.

public employee means—

(a)a public servant; or

(b)a person employed by a Territory instrumentality; or

(c)a statutory office holder or a person employed by a statutory office holder.

public money, of the Territory, means revenues, loans and other money received by the Territory.

public servant means a person employed in the public service.

public service means the Australian Capital Territory Public Service.

Note  Section 12 of the Public Sector Management Act 1994 deals with the constitution of the public service.

public trustee means the Public Trustee for the Australian Capital Territory under the Public Trustee Act 1985.

registrar means—

(a)in relation to the Supreme Court—the registrar of the Supreme Court; or

(b)in relation to the Magistrates Court—the registrar of the Magistrates Court; or

(c)in relation to a tribunal—the registrar of the tribunal.

registrar-general means the Registrar-General under the Registrar-GeneralAct 1993.

regulations, in relation to an Act, means regulations made or in force under the Act.

remuneration tribunal means the Remuneration Tribunal established by the Remuneration Tribunal Act 1995.

repeal includes—

(a)for a provision of an Act or instrument—repeal the provision by omitting it; and

(b)for an Act, instrument or provision of an Act or instrument—abrogate or limit its effect or exclude from its application any person, matter or circumstance; and

(c)for an instrument, a provision of an instrument or a decision—revoke or cancel it.

residential tenancies tribunal means the Residential Tenancies Tribunal established by the Residential Tenancies Act 1997.

rules, of a court or tribunal, means rules made by the person or body having power to make rules (however described) regulating the practice and procedure of the court or tribunal.

Self-Government Act means the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth).

self-government day means 11 May 1989.

Note  This is the day when the remaining provisions of the Self-Government Act commenced and, in particular, the Australian Capital Territory was established as a body politic, the Legislative Assembly was empowered to make laws for the Territory and the Executive was established.

sign includes attach a seal and make a mark.

sitting day, of the Legislative Assembly, means a day when the Assembly meets.

Small Claims Court means the Magistrates Court when exercising jurisdiction as the Small Claims Court.

Note  The Magistrates Court (Civil Jurisdiction) Act 1982 deals with the exercise of this jurisdiction.

solicitor means a lawyer who practises as a solicitor.

Speaker means the Presiding Officer of the Legislative Assembly.

Note   The presiding officer is elected under the Self-Government Act, s 11.

Standards Australia means the company named Standards Australia International Limited (ACN 087 326 690).

State means a State of the Commonwealth, and includes the Northern Territory.

statutory declaration means a statutory declaration made under the Statutory Declarations Act 1959 (Cwlth).

statutory instrument means an instrument (whether of a legislative or administrative nature) made under—

(a)an Act; or

(b)another statutory instrument; or

(c)power given by an Act or statutory instrument and also power given otherwise by law;

and includes a subordinate law.

statutory office holder means the holder of an office established under an Act.

subordinate law means an instrument of a legislative nature (including a regulation, rule or by-law) made under—

(a)an Act; or

(b)another subordinate law; or

(c)power given by an Act or subordinate law and also power given otherwise by law.

Supreme Court means the Supreme Court of the Australian Capital Territory.

Note  The Supreme Court is established by the Supreme Court Act 1933, s 3. The Self-Government Act, s 48A deals with the jurisdiction and powers of the court.

swear, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.

tenancy tribunal means the Tenancy Tribunal established by the Tenancy Tribunal Act 1994.

Territory—see section 23.

Territory authority means a body, whether or not incorporated, established under an Act.

Territory instrumentality means a corporation that—

(a)is established under an Act or the Corporations Law; and

(b)is a Territory instrumentality under the Public Sector Management Act 1994.

Note  Territory instrumentality is defined in subsection 3 (1) of that Act.

Territory land means Territory Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).

Note  Section 28 of the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth) provides that if land in the Territory is not national land (see the definition above) it is Territory land.

Treasurer means the Minister designated Treasurer by the Chief Minister.

UK Act means an Act of the United Kingdom Parliament.

under, in relation to an Act or a provision of an Act, includes—

(a)by; and

(b)for or for the purposes of; and

(c)in accordance with; and

(d)within the meaning of.

United Kingdom means the United Kingdom of Great Britain and Northern Ireland.

United Kingdom Parliament means—

(a)the Parliament of England; or

(b)the Parliament of Great Britain; or

(c)the Parliament of the United Kingdom of Great Britain and Ireland; or

(d)the Parliament of the United Kingdom of Great Britain and Northern Ireland.

word includes any drawing, figure, number and symbol.

writing includes any way of representing or reproducing words in visible form.

Examples

Printing, photocopying, photography, typewriting.

year, without specifying the kind of year, means calendar year.”.

Justices of the Peace Act 1989

New section 3A—

After section 3 the following section is inserted:

“3A    Resignation

A person may resign as a justice of the peace by signed notice of resignation given to the Minister.”.

Law Reform (Miscellaneous Provisions) Act 1955

New Part 12—

After section 35 the following part is inserted:

PART 12—UNITED KINGDOM LAWS (SUBSTITUTED PROVISIONS)

Note  The provisions of the Divisions of this Part were relocated from Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts. Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of law continue to apply to the Divisions of this Part (see Interpretation Act 1967, s 49 (3)).

Division 1—Guardians of children except testamentary guardians

Note  The provisions of this Division were substituted for 52 Hen. 3 c 17 (1267) (also known as the Statute of Marlborough).

Division 2—Partition of land owned jointly

Note  The provisions of this Division were substituted for 31 Hen. 8 c 1 (1539) and 32 Hen. 8 c 32 (1540).

  1. Partition Act not affected

    Section 37 does not affect the operation of the Partition Act 1900.

Division 3—Application of law to aliens

Note  The provisions of this Division were substituted for 32 Hen. 8 c 16 (1540).

Division 4—Lessee’s covenants and lessor’s covenants

Note  The provisions of this Division were substituted for 32 Hen. 8 c 34 (1540).

Division 5—Alienation of property to defraud creditors

Note  The provisions of this Division were substituted for 13 Eliz. 1 c 5 (1571) and 27 Eliz. 1 c 4 (1585).

Division 6—Ending of estate or interest for life

Note  The provisions of this Division were substituted for 18 and 19 Chas. 2 c 11 (1666) and 6 Anne c 72 (1707).

Division 7—Instruments required to be in writing

Note  The provisions of this Division were substituted for 29 Chas. 2 c 3, s 1, s 2, s 3, s 7, s 8 and s 9 (1677) (also known as the Statute of Frauds 1677).

Division 8—Renewal of headlease without surrender
of under-leases

Note  The provisions of this Division were substituted for 4 Geo. 2 c 28, s 6 (1730).

Division 9—Action for use and occupation of land

Note  The provisions of this Division were substituted for 11 Geo. 2 c 19, s 14 (1737).

Division 10—Liability for fires accidentally begun

Note  The provisions of this Division were substituted for 24 Geo. 3 c 78, s 86 (1774).

Division 11—Trials for treason

Note  The provisions of this Division were substituted for 39 and 40 Geo. 3 c 93 (1800).

Division 12—Writs of habeas corpus

Note  The provisions of this Division were substituted for 56 Geo. 3 c 100 (1816).

Division 13—Power to appoint property

Note  The provisions of this Division were substituted for 37 and 38 Vic. c 37 (1874).

  1. Application of Div 13

    This Division applies to appointments made after 26 June 1986 in the exercise of powers created before, on or after that date.

Division 14—Evidence about colonial stock

Note  The provisions of this Division were substituted for 40 and 41 Vic. c 59, s 17 and s 18 (1877).”.

Legal Practitioners Act 1970

Section 3—

Insert the following definition:

Trans-Tasman Mutual Recognition Act means the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).”.

Subsection 11 (3)—

Omit the subsection.

Section 12—

After “Act” insert “or section 18 of the Trans-Tasman Mutual Recognition Act”.

Paragraph 15 (b)—

Omit the paragraph.

Section 16—

Repeal the section.

Heading to section 16A—

After “Act” insert “or Trans-Tasman Mutual Recognition Act”.

Subsection 16A (1)—

After “Act” insert “or the Trans-Tasman Mutual Recognition Act”.

Subsection 16B (2)—

Omit the subsection.

Subsection 16B (3)—

After “Act” insert “or the Trans-Tasman Mutual Recognition Act”.

Subsection 16C (2)—

After “Scheme” insert “and Trans-Tasman Mutual Recognition Scheme”.

Subsection 16D (2)—

Omit “and becomes entitled to registration under that Act”, substitute “or section 18 of the Trans-Tasman Mutual Recognition Act and becomes entitled to registration under either of those Acts”.

Heading to section 29—

After “Act” insert “or Trans-Tasman Mutual Recognition Act”.

Subsection 29 (1)—

Omit “State or”, substitute “State, New Zealand or”.

Paragraph 29 (1) (b)—

After “Act” insert “or section 18 of the Trans-Tasman Mutual Recognition Act”.

Legislation (Republication) Act 1996

Section 8—

Add at the end the following subsection:

  1. The parliamentary counsel may authorise the republication of 2 or more laws in a collection.”.

New Division 4 of Part 3—

After Division 3 of Part 3 insert the following division:

Division 4—Collections of laws

“19A  Application of Act to collections

  1. If the parliamentary counsel authorises the republication of 2 or more laws in a collection, this Act applies to each of the laws in the collection as if it were republished separately.

  2. Subsection (1) does not prevent the use of—

    (a)a single table of contents for the collection; or

(b)annotations applying to 2 or more laws in the collection.”.

Magistrates Court Act 1930

Subsection 5 (1) (definition of information)—

Omit the definition, substitute the following definition:

information includes a complaint on which an order may be made for the payment of money under a Territory law.”.

Subsection 19 (2)—

Omit “Where, by any law in force in the Territory pursuant to section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth or the Imperial Acts Application Act 1986, any jurisdiction is given”, substitute “If a Territory law mentioned in column 2 of Schedule 1 to the Interpretation Act 1967 gives jurisdiction”.

Paragraph 54A (5A) (i)—

Omit the paragraph.

Subsection 107 (2)—

Omit “court” (wherever occurring), substitute “Supreme Court”.

Subsection 108 (1)—

(a)Omit “court” (first occurring), substitute “Magistrates Court”.

(b)Omit “court” (second occurring), substitute “Supreme Court”.

Subparagraph 248C (2) (c) (vi)—

Omit the subparagraph.

Magistrates Court (Civil Jurisdiction) Act 1982

Paragraph 4 (c)—

Add at the end “and”.

Paragraph 4 (d)—

Omit the paragraph.

New section 12A—

After section 12, insert the following section in Part 2:

“12A Disputes under the Residential Tenancies Act

The Magistrates Court has no jurisdiction in relation to a dispute to which the Residential Tenancies Act 1997 applies if the amount in dispute is $10,000 or less.”.

Paragraph 234 (2) (a)—

Omit “subject to subsection (4),”.

Subsection 394 (1) (definition of debt declaration)—

Omit all the words from and including “and includes an order”.

Subsection 402 (6)—

Omit the subsection, substitute the following subsection:

  1. This section does not apply to an application for a common boundaries determination.”.

Subsection 453 (1)—

Omit “$5,000”, substitute “$10,000”.

Subsection 453 (3)—

Omit “$5,000” (wherever occurring), substitute “$10,000”.

Subsection 456 (3)—

After “costs” insert “(except costs for representation by a legal practitioner or anyone else)”.

Section 476—

Omit “the partner, or the Registrar or other employee,”, substitute “a partner or employee”.

Meat Act 1931

Subsection 19A (2)—

Omit “the medical officer of health under the Public Health Act 1928”, substitute “an authorised medical officer under the Public Health Act 1997”.

Mediation Act 1997

Subsection 3 (1) (definition of approved agency)—

Omit the definition, substitute the following definition:

approved agency  means an entity that is declared to be an approved agency under subsection 4 (2).”.

Section 4—

Repeal the section, substitute the following section:

  1. Declarations about competency standards and approved agencies

  2. The Minister may declare standards of competency required for the registration of a person under section 5.

  3. The Minister may declare an entity to be an approved agency for this Act.

  4. A declaration under this section is a disallowable instrument for section 10 of the Subordinate Laws Act 1989.”.

Mental Health (Treatment and Care) Act 1994

Section 4 (definition of Registrar)—

Omit the definition, substitute the following definition:

registrar means the registrar of the tribunal.”.

New section 12A—

After section 12, insert the following section in Part 3:

“12A  Registrar and deputy registrar

  1. The registrar of the Magistrates Court is the registrar of the tribunal.

  2. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  3. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  4. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Occupational Health and Safety Act 1989

Subsection 5 (1) (definition of associated law, paragraphs (b) and (c))—

Omit the paragraphs, substitute the following paragraphs:

“(b)the Dangerous Goods Act 1975;

(c)the Dangerous Goods Regulations 1978;”.

Subsection 5 (1) (definition of associated law, paragraphs (h) and (i))—

Omit the paragraphs, substitute the following paragraphs:

“(h)the Scaffolding and Lifts Act 1912;

(i)the Scaffolding and Lifts Regulations 1950;”.

Subsection 84P (2)—

(a)Omit “or a Judge of the Court sitting in chambers”.

(b)Omit “or Judge”.

Subsection 84P (3)—

Omit “or a Judge of the Court sitting in chambers”.

Partition Act 1900

Subsections 4 (2) and (3)—

Omit the subsections.

Sections 15 and 18—

Repeal the sections.

Pawnbrokers Act 1902

Subsection 19 (1)—

Omit “any sum above $10”, substitute “more than $500”.

Residential Tenancies Act 1997

Subsection 3 (1) (definitions of Director and Registrar)—

Omit the definitions, substitute the following definitions:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.

registrar means the registrar of the tribunal.”.

Section 32—

After subsection (1) insert the following subsection:

“(1A) If an application is made by a person under subsection (1) in relation to a residential tenancy agreement, the person may only make a further application in relation to the same agreement with the registrar’s permission.”.

Paragraph 34 (1) (b)—

Omit “14”, substitute “10”.

Section 114—

Repeal the section, substitute the following section:

  1. Registrar and deputy registrar

  2. The registrar of the Magistrates Court is the registrar of the tribunal.

  3. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  4. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  5. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Subsection 115 (1)—

Omit the subsection, substitute the following subsection:

  1. Subject to this section and section 48A of the Self-Government Act, the tribunal has exclusive jurisdiction to hear and decide any matter that may be the subject of an application to it under this Act or the prescribed terms.

Note  The Self-Government Act, s 48A deals with the jurisdiction and powers of the Supreme Court.”.

Schedule (clause 13)—

Omit “Director of Consumer Affairs”, substitute “director of fair trading”.

Sexually Transmitted Diseases Act 1956

Section 14—

Repeal the section.

Subsection 15 (1)—

Omit “, sitting in chambers,”.

Subordinate Laws Act 1989

Subsection 2A (1)—

Omit “the purposes of”.

Section 2A—

Add at the end the following subsection:

  1. In this section—

    for an Act includes for the purposes of the Act.”.

Section 7—

Omit “subsection” , substitute “section”.

Subsection 8 (1)—

Omit “law or disallowable instrument” (wherever occurring), substitute “law”.

Subparagraph 8 (1) (a) (i)—

Omit the subparagraph, substitute the following subparagraph:

“(i)of any Act or subordinate law; or”.

Subsection 8 (2)—

Omit the subsection, substitute the following subsection:

  1. In this section—

    disallowable instrument means—

    (a)for an instrument under an Act—a disallowable instrument under section 10; or

    (b)for an instrument under a Commonwealth Act—a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (Cwlth).”.

Subsection 9 (1)—

(a)Omit “Parts I, II and III of the Interpretation Act 1967 apply”, substitute “The Interpretation Act 1967 applies”.

(b)Omit “, granted or issued”.

Subsections 9 (2) and (3)—

Omit “, granted or issued” (wherever occurring).

Section 10—

Repeal the section, substitute the following section:

  1. Disallowable instruments

  2. In this section—

    disallowable instrument means a statutory instrument that is declared by an Act or subordinate law to be a disallowable instrument for this Act, whether or not the instrument is declared to be a disallowable instrument for the purposes of this section.

  1. The following sections of this Act apply to a disallowable instrument as if it were a subordinate law:

  • section 6 (Notification, tabling and disallowance)

  • section 7 (Retrospectivity)

  • section 8 (Prescribing matters by reference to other instruments)

  • section 8A (Amendment by Act)

  • section 9 (Application of Interpretation Act 1967).”.

Supreme Court Act 1933

Subsection 36 (1)—

After paragraph (b), insert the following paragraph:

“(ba)for prescribing anything that is, under the Administration and Probate Act 1929, required or permitted to be prescribed for carrying out or giving effect to that Act; and”.

Paragraphs 37 (2) (a) and (b)—

Omit “filing fees or fees for the service and execution of process”, substitute “fees for the service and execution of process or other fees”.

Paragraphs 37B (2) (c)—

Omit “filing”, substitute “lodging”.

Sub-subparagraph 37B (2) (c) (v) (F)—

Omit the sub-subparagraph.

Paragraphs 37D (1) (a)—

Omit “the remission or refund of”, substitute “the refusal to remit or refund”.

Paragraphs 37D (1) (b)—

Omit “the deferral of liability for the payment of”, substitute “the refusal to defer liability for paying”.

Taxation Administration Act 1999

Section 78—

After “function” insert “or power”.

Tenancy Tribunal Act 1994

Section 3 (definition of Director and Registrar)—

Omit the definitions, substitute the following definitions:

director means the director of fair trading under the Fair Trading (Consumer Affairs) Act 1973.

registrar means the registrar of the tribunal.”.

Sections 67, 68 and 69—

Repeal the sections, substitute the following section:

  1. Registrar and deputy registrar

  2. The registrar of the Magistrates Court is the registrar of the tribunal.

  3. Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.

  4. Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.

  5. The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.”.

Section 71—

Omit “Tribunal, the Acting President or the Registrar”, substitute “tribunal or the acting president”.

Theatres and Public Halls Act 1928

Section 27—

Repeal the section.

Trustee Act 1925

Subsection 91 (1)—

Omit “at chambers”.

New Division 6 of Part 3—

After Division 5 of Part 3 insert the following Division in Part 3:

Division 6—Charitable trusts

Note  The provisions of this Division were relocated from Part 18 of Schedule 2 to the Imperial Acts (Substituted Provisions) Act 1986.  (For the effect of a relocation, see Interpretation Act 1967, s 49.) The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the Territory and repealed those Acts. The provisions of Part 18 of Schedule 2 were substituted for 52 Geo. 3 c 101 (1812). Subsection 4 (1) of the 1986 Act provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in Schedule 2. These rules of law continue to apply to this Division (see Interpretation Act 1967, s 49 (3)).

  1. Reference to order made under s 94A

    In section 94D, the reference to an order made under section 94A is, if the order is appealed against, a reference to the order as affirmed or varied, or the order substituted, on appeal.”.

New section 103A—

After section 103, insert the following section in Part 5:

“103A Preamble to Charitable Uses Act 1601

For the law of the Territory, the text set out in the Schedule is taken to be the text of the preamble to the United Kingdom Act 43 Eliz. c 4 (also known as the Charitable Uses Act 1601).”.

Schedule heading—

After section 106 insert the following headings:

SCHEDULE  (see s 103A)

preamble to charitable uses act 1601”.

Tuberculosis Act 1950

Section 3 (definition of the Court)—

Omit “, constituted by a magistrate sitting in chambers”.

Subsection 10 (1)—

Omit the subsection, substitute the following subsection:

  1. If the chief health officer or anyone else is dissatisfied with an order or decision of the Magistrates Court under section 9, the chief health officer or other person may appeal to the Supreme Court within 7 days after the making of the order or decision or any further time the Supreme Court allows.”.

Uncollected Goods Act 1996

Subsection 16 (2)—

Omit “The Chief Executive”, substitute “A chief executive”.

Paragraph 16 (3) (b)—

Omit “the Chief Executive”, substitute “a chief executive”.

Subsection 16 (4)—

Omit “The Chief Executive shall issue to an”, substitute “If a person becomes an authorised person, the relevant chief executive must issue to the”.

Subsection 16 (5)—

Omit “the Chief Executive”, substitute “the chief executive who issued the identity card”.

University of Canberra Act 1989

Paragraph 38 (a)—

Omit “Australian Securities Commission”, substitute “Australian Securities and Investments Commission”.

Wills Act 1968

Paragraphs 16 (6) (a), (b) and (c)—

Omit the paragraphs, substitute the following paragraphs:

“(a)members of the Defence Force who are in actual armed service;”.

Workers’ Compensation Act 1951

Subsection 26 (2)—

Omit “Part XIXA”, substitute “Part 21”.

Paragraph 26 (2) (a)—

Omit “subsection 282C (2)”, substitute “subsection 387 (2)”.

SCHEDULE 4  (See s 7)

AMENDMENTS OF REGULATIONS

Co-operative Societies Regulations

Regulation 1—

Repeal the regulation, substitute the following regulation:

  1. Name of regulations

These regulations are the Co-operative Societies Regulations 1945.”

Paragraph 2ABA (2) (d)—

Omit “Australian Securities Commission”, substitute “Australian Securities and Investments Commission”.

Dangerous Goods Regulation

Clause 1—

Repeal the clause, substitute the following clause:

  1. Name of regulations

    These regulations are the Dangerous Goods Regulations 1978.”.

Consequential amendments—

The following provisions are amended by omitting “this Regulation” (wherever occurring) and substituting “these regulations”:

Clause 4, paragraphs 8 (2) (a) and 15A (8) (b), subclauses 17 (1) and (3), paragraph 18 (f), subclause 21 (4), paragraph 24 (b), clauses 27 to 33 and 37, paragraph 43 (6) (d), subclause 43 (6B), paragraphs 45 (2) (a), 50 (b) and 74 (1) (c), subclauses 75 (2) and 76 (1), clauses 77, 84 and 85, subclauses 89 (3), 94 (3), 95 (4), 96 (4), 99 (2) and 111 (4), subparagraph 125 (2) (b) (ii), subclauses 156 (8) and 162 (5), paragraph 169 (4) (c), clause 175, subclauses 187 (1), 189 (1), 235 (4) and 237 (1), clause 247, subclauses 255 (2) and 259 (2), paragraph 261 (c), subclauses 263 (2), 275 (12), 286 (2) and 288 (2) and clause 289.

Heading to clause 37—

Omit “Regulation”, substitute “Regulations”.

Door-to-Door Trading Regulations

Regulation 1—

Repeal the regulation, substitute the following regulation:

  1. Name of regulations

    These regulations are the Door-to-Door Trading Regulations 1991.”.

Schedule, Form 1, (foot of the form)—

Omit “ACT Consumer Affairs Bureau”, substitute “Office of Fair Trading”.

Schedule, Form 2, (foot of the form)—

Omit “ACT Consumer Affairs Bureau”, substitute “Office of Fair Trading”.

Remand Centres Regulations

Regulation 1—

Omit the regulation, substitute the following regulation:

  1. Name of regulations

    These regulations are the Remand Centres Regulations 1976.”.

Subregulation 23 (1)—

Omit “Attorney-General”, substitute “Minister”.

Subregulation 23 (3)—

Omit the subregulation, substitute the following subregulation:

  1. Within 30 days after the end of each quarter of a financial year, the Minister must consolidate the notices received by the Minister under subregulation (1) during the quarter (if any) and give a copy of the consolidation (if any) to the Standing Committee on Justice and Community Safety of the Legislative Assembly.”.

[Presentation speech made in Assembly on 2 September 1999]

©  Australian Capital Territory 1999

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