Miscellaneous Repeals Act 1991 (WA)
WESTERN AUSTRALIA
MISCELLANEOUS REPEALS ACT
No. 10 of 1991
AN ACT to repeal miscellaneous spent, unnecessary or superseded enactments and Imperial enactments and for connected purposes.
[Assented to 21 June 1991.]
The Parliament of Western Australia enacts as follows:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Miscellaneous Repeals Act 1991.
Commencement
2. (1) Subject to subsection (2), this Act shall come into operation
on the day on which it receives the Royal Assent.
(2) Section 4 shall come into operation on such day as is fixed by
proclamation.
| No. 10] | Miscellaneous Repeals Act | [1991 |
PART 2—REPEAL OF WESTERN AUSTRALIAN ACTS
Repeal of Acts listed in Schedule 1
3. The Acts listed in Schedule 1 are repealed.
Repeal of Contraceptives Act 1939
4. The Contraceptives Act 1939* is repealed.
[*No. 11 of 1939. Reprinted as approved 7 April 1971 and
amended by Acts Nos. 102 of 1972 and 61 of 1985.]
Repeal of Iron Ore (Tallering Peak)
Agreement Act 1964
5.
(1) The Iron Ore (Tallering Peak) Agreement Act 1964* is
repealed, the State and the Company having agreed to terminate the
Agreement.
(2) In subsection (1) "the State", "the Company" and "the Agreement" have the same meanings as in the Act referred to in that subsection.
[*Act No. 104 of 1964 as amended by Act No. 117 of 1976.]
Transitional provision
(Street Photographers Act 1947)
6.
Where a licence issued under the Street Photographers Act 1947 remains in force immediately before the commencement of this Act, the local authority, as defined by section 2 of that Act, to which the holder of the licence paid the fee for the licence shall refund, on the application of that person made within 2 months after the commencement of this Act, such amount of the fee as bears the same proportion of the licence fee paid as the time unexpired on that licence bears to the term of the licence.
| 1991] | Miscellaneous Repeals Act | [No. 10 |
PART 3—REPEAL OF IMPERIAL ENACTMENTS
Repeal of Imperial enactments
listed in Schedule 2
7. (1) Each Imperial enactment listed in Part I of Schedule 2 is repealed in so far as it is part of the law of Western Australia.
(2) Each Imperial enactment listed in Part 2 of Schedule 2 is repealed to the extent specified in that Schedule in so far as it is part of the law of Western Australia.
Citation of Imperial enactments
8. Each Imperial enactment cited in Schedule 2 by year, statute, session or chapter shall, unless the contrary intention appears, be read and construed as referring
| (a) | in the case of Imperial enactments included in any revised edition of the statutes printed by authority in the United Kingdom, to that edition; |
| (b) | in the case of Imperial enactments not so included but included in the edition prepared under the direction of the Record Commission in the United Kingdom, to that edition; |
| (c) | in any other case, to the Imperial enactments printed by the Queen's Printer, or under the superintendence or authority of Her Majesty's Stationery Office in the United Kingdom. |
Savings
9. Part V of the Interpretation Act 1984 applies to the Imperial enactments listed in Schedule 2 as if a reference in that Part to the repeal of a written law were a reference to the repeal of an Imperial enactment.
| No. 10] | Miscellaneous Repeals Act | [1991 |
SCHEDULE 1
WESTERN AUSTRALIAN ACTS
| Year | Act or Ordinance | Short Title |
| 1883 | 47 Vict., No. 8 | Aboriginal Offenders Act 1883 |
| 1892 | 55 Vict., No. 14 | Affirmations Act 1892 |
| 1972 | No. 97 of 1972 | Alumina Refinery (Muchea) Agreement Act 1972 |
| 1918 | No. 2 of 1918 | Broome Local Court Admiralty Jurisdiction Act 1917 |
| 1936 | No. 14 of 1936 | Bunbury (Old Cemetery) Lands Revestment Act 1936 |
| 1951 | No. 2 of 1951 | Sunbury (Roman Catholic Old Cemetery) Lands Revestment Act 1951 |
| 1929 | No. 10 of 1929 | Easter Act 1929 |
| 1969 | No. 65 of 1969 | Exmouth Gulf Solar Salt Industry Agreement Act 1969 |
| 1877 | 41 Vict., No. 1 | The Extradition Act, Western Australia 1877 |
| 1976 | No. 102 of 1976 | Fish Farming (Lake Argyle) Development Agreement Act 1976 |
| 1909 | No. 9 of 1909 | Fremantle (Skinner Street) Disused Cemetery Act 1909 |
| 1948 | No. 56 of 1948 | Government Employees' Pensions Act 1948 |
| 1892 | 55 Vict., No. 35 | Hawkers and Pedlars Act 1892 |
| 1864 | 28 Vict., No. 2 | Inquiries into Wrecks Ordinance 1864 |
| 1918 | No. 19 of 1918 | Insurance Companies Act 1918 |
| 1947 | No. 67 of 1947 | Iron and Steel Industry Act 1947 |
| 1967 | No. 19 of 1967 | Iron Ore (Hanwright) Agreement Act 1967 |
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| Year | Act or Ordinance | Short Title |
| 1967 | No. 9 of 1967 | Iron Ore (Nimingarra) Agreement Act 1967 | |||
| 1961 | No. 35 of 1961 | Iron Ore (Scott River) Agreement Act 1961 | |||
| 1969 | No. 23 of 1969 | Lake Lefroy Salt Industry Agreement Act 1969 | |||
| 1856 | 19 Vict., No. 5 | Lands Alienation Ordinance 1856 | |||
| 1949 | No. 6 of 1949 | Mental Institution Benefits (Commonwealth and State Agreement) Act 1949 | |||
| 1903 | No. 7 of 1903 | Merchant Shipping Act Application Act 1903 | |||
| 1962 | No. 50 of 1962 |
| |||
| Island Railway Act 1962 | |||||
| 1957 | No. 12 of 1957 | Nollamara Land Vesting Act 1957 | |||
| 1928 | No. 43 of 1928 | Poor Persons Legal Assistance Act 1928 | |||
| 1892 | 55 Vict., No. 13 | Public Offices and Officers Designation Act 1892 | |||
| 1952 | No. 51 of 1952 | Referenda on Proposals for Marketing of Wheat, Oats, and Barley Act 1952 | |||
| 1876 | 40 Vict., No. 9 | Removal of Guano Act 1876 | |||
| 1955 | No. 23 of 1955 | Rural Youth Movement Act 1955 | |||
| 1952 | No. 18 of 1952 | Sheepskins (Draft Allowance Prohibition) Act 1952 | |||
| 1947 | No. 46 of 1947 | Street Photographers Act 1947 | |||
| 1871 | 35 Viet., No. 7 | The Superannuation Act 1871 | |||
| 1893 | 57 Vict., No. 2 | Treasury Bills Act 1893 | |||
| 1965 | No. 24 of 1965 | Tuberculosis (Commonwealth and State Arrangement) Act 1965 | |||
| 1854 | 17 Vict., No. 4 | Waterways Ordinance 1854 |
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| Year | Act or Ordinance | Short Title |
| 1966 | No. 9 of 1966 | Wood Distillation and Charcoal Iron and Steel Industry Amendment Act 1966 |
| 1936 | No. 2 of 1936 | Wool (Draft Allowance Prohibition) Act 1936 |
SCHEDULE 2
(section 7)
IMPERIAL ENACTMENTS
PART 1
| Year | Statute | General subject |
| 1346 | 20 Edw. III. | Oath of the Justices |
| 1362 | 36 Edw. III, st. 1, c. 12. | Quarter sessions |
| 1388 | 12 Rich. II, c. 10. | Justices of the peace, quarter sessions |
| 1390 | 14 Rich. II, c. 11. | Justices of the peace |
| 1403 | 5 Hen. IV, c. 10. | Imprisonment by justices of the peace |
| 1439 | 18 Hen. W, c. 11. | Justices of the peace |
| 1487 | 4 Hen. WI, a. 12. | Justices of the peace |
| 1553 | 1 Mary, sess. 2, c. 8. | Sheriff not to act as justice |
| 1694 | 5 & 6 Will. & Mar., c. 11. | Quarter sessions delays |
| 1697 | 8 & 9 Will. III, c. 33 | Quarter sessions delays |
| 1731 | 5 Geo. II, c. 18. | Justices' qualification |
| 1731 | 5 Geo. II, c. 19. | Quarter sessions appeal |
| 1741 | 15 Geo. II, c. 24. | Justices' commitment |
| 1753 | 26 Geo. II, c. 27. | Justices |
| 1760 | 1 Geo. III, c. 13. | Justices' qualification |
| 1766 | 7 Geo. III, c. 9 | Justices' oaths |
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| Year | Statute | General subject |
| 1766 | 7 Geo. III, c. 21 | Justices' quorum |
| 1778 | 18 Geo. III, c. 19. | Payment of charges of constables |
| 1788 | 28 Geo. III, c. 49. | Justices of the peace |
| 1803 | 43 Geo. III, c. 141. | Justices protection |
| 1814 | 54 Geo. III, c. 84. | Quarter sessions |
| 1819 | 59 Geo. III, c. 28. | Courts of quarter sessions |
| 1822 | 3 Geo. IV, c. 23. | Summary proceedings |
| 1823 | 4 Geo. IV, c. 27. | Justice of the peace |
PART 2
| Year | Statute | General subject | Extent of Repeal |
| 1547 | 1 Edw. VI, c. 7. | Justice of the peace | section 4 |
| 1739 | 13 Geo. II, c. 18. | Laws continuance, etc. | section 5 |
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