New South Wales Acts Act 1986 (ACT)
New South Wales Acts Act 1986 (repealed)
A1986-91
Republication No 3
Effective: 11 November 1999
Republication date: 19 November 2008
As repealed by A1999-66 sch 2
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the New South Wales Acts Act 1986 (repealed) effective 11 November 1999.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
new south wales acts act 1986
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Repealed by 1999 No 66 (in force 10/11/99)
TABLE OF PROVISIONS
Section
1.Short title
2.Interpretation
3.Repeal
4.Amendment of certain continued State Acts
5.Application of certain continued State Acts
6.Inconsistencies between continued Acts and other laws
7.Interpretation of Acts set out in Schedule 2
8.Footnotes to continued Acts
New South Wales Acts Application Act 1984—amendments
Schedule 1
Administration of continued state acts
Schedule 2
state acts
An Act relating to certain Acts of the State of New South Wales that apply in the Territory
Short title
1. This Act may be cited as the New South Wales Acts Act 1986.1
Interpretation
2. (1A) In this Act, unless the contrary intention appears—
“Territory Minister” means—
(a)the Minister administering the Seat of Government (Administration) Act 1910 of the Commonwealth; or
(b)where there are 2 or more Ministers administering that Act—either or any of those Ministers.
(1) In this Act, other than a Schedule to this Act—
(a)a reference to a continued State Act shall be read as a reference to an Act of the State of New South Wales that—
(i)was continued in force in the Territory by section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth; and
(ii)has effect in the Territory as a law of the Territory as provided by section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth,
being the Act as amended and in force in that State immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth and, in a case where the Act had been amended by an Act of the Territory before the date of commencement of this Act, as so amended; and
(b)a reference to the amendment of a continued State Act shall be read as a reference to the modification of the Act by—
(i)the repeal or omission of any provision or other part of the Act, either with or without the substitution of a new provision or part in its place; or
(ii)the insertion in, or addition to, the Act of a new provision.
(2) Without limiting the operation of paragraph (1) (a), a reference in this Act (other than in a Schedule to this Act) to a continued State Act shall, in relation to an Act of the State of New South Wales that was amended by the New South Wales Acts Application Act 1985, be read as a reference to that Act as so amended to the extent only that the amendments made by that Act continued to have effect upon the disallowance of that Act under section 12 of the Seat of Government (Administration) Act 1910 of the Commonwealth.
Repeal
3. The Public Gates Act, 1901 and the Stock Act, 1901 of the State of New South Wales, to the extent to which they were in force in the Territory immediately before the commencement of this Act, shall cease to be in force in the Territory.
Amendment of certain continued State Acts
4.2 (1) Subject to subsection (2), a continued State Act specified in column 1 of Schedule 1 shall be deemed to be amended by this Act to the extent necessary for it to have effect in the Territory as a law of the Territory in the terms set out in Schedule 2.
(2) Where—
(a)a provision (in this subsection referred to as the relevant provision) of a continued State Act so specified amends another continued State Act so specified; and
(b)the relevant provision has been omitted from the text of that first-mentioned continued State Act as set out in Schedule 2 (the amendment made by the relevant provision having been incorporated in the text of that other continued State Act as set out in Schedule 2),
subsection (1) shall not be taken to effect the repeal of the relevant provision.
Application of certain continued State Acts
5. Nothing in section 4 shall be taken to prevent the continued State Acts specified in column 1 of Schedule 1, being those Acts as amended by this Act, from continuing in force in the Territory, after the commencement of this Act, under, and in accordance with, the provisions of section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth and section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth.
Inconsistencies between continued Acts and other laws
6. (1) Where, upon the commencement of this Act, a provision of a continued State Act as amended by this Act (being a continued State Act specified in column 1 of Schedule 1) is inconsistent with a provision of another law in force in the Territory (not being a prescribed law), the provision of that other law prevails and the provision of that continued State Act, to the extent of the inconsistency, has no force or effect in the Territory.
(2) In this section, a reference to a prescribed law shall be read as a reference to—
(a)a continued State Act as amended by this Act or any other Act; or
(b)an Imperial Act that—
(i)was in force in the State of New South Wales immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth; and
(ii)was continued in force in the Territory by section 6 of that Act,
being that Act as amended and in force in the Territory immediately before the commencement of this Act.
Interpretation of Acts set out in Schedule 2
7. In an Act of New South Wales set out in Schedule 2, in its application in the Territory, unless the contrary intention appears—
(a)a reference in the Act to the Supreme Court shall be read as a reference to the Supreme Court of the Australian Capital Territory;
(b)a reference in the Act to the Magistrates Court shall be read as a reference to the Magistrates Court for the Territory;
(d)a reference in the Act to a Magistrate shall be read as a reference to a Magistrate within the meaning of the Magistrates Court Act 1930;
(e)a reference in the Act to the Commissioner of Police or to a Deputy Commissioner of Police shall be read as a reference to the person holding, or performing the duties of, the office of Commissioner of Police or Deputy Commissioner of Police, as the case may be, under the Australian Federal Police Act 1979 of the Commonwealth;
(f)a reference in the Act to an officer of police or member of a police force shall be read as a reference to a member, or a special member of the Australian Federal Police; and
(g)a reference in the Act to a member of a police force holding a particular rank shall be read as a reference to a member, or special member, of the Australian Federal Police holding that rank but, if that rank does not exist as a rank in the Australian Federal Police, as a reference to a member, or a special member, of the Australian Federal Police holding the rank that is declared by regulations in force under the Australian Federal Police Act 1979 of the Commonwealth to be the equivalent of that particular rank.
Footnotes to continued Acts
8. The footnotes appearing at the end of a Part of Schedule 2 do not form part—
(a)of the continued State Act the text of which is set out in that Part of that Schedule; or
(b)of this Act.
New South Wales Acts Application Act 1984—amendments
11.3 * * * * * *
Schedule 1 Subsection 4 (1)
Administration of continued State Acts that are amended by this Act
| Column 1 Short title of Act |
| Partition Act 1900 Pawnbrokers Act 1902 Piracy Punishment Act 1902 Public Instruction Act 1880 Public Roads Act 1902 Second-Hand Dealers and Collectors Act 1906 Truck Act 1900 |
Schedule 22 Subsection 4 (1)
* * * * * *
NOTES
1. The New South Wales Acts Act 1986 as shown in this reprint comprises Act No. 91, 1986 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
| Ordinance | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| New South Wales Acts Ordinance 1986 | 91, 1986 | 12 Jan 1987 | 12 Jan 1987 | |
| Administrative Arrangements (Consequential Amendments) Ordinance 1987 | 37, 1987 | 24 July 1987 | S. 6: 24 july 1987 (a) | — |
| Administrative Arrangements (Consequential Amendments) Ordinance 1988 | 17, 1988 | 22 Apr 1988 | 22 Apr 1988 | S. 4 |
| Self-Government (Consequential Amendments) Ordinance 1989 | 38, 1989 | 10 May 1989 | Ss. 1 and 2: 10 May 1989 Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164) | — |
Self-Government day 11 May 1989
Table 2
Table of Acts
| Act | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Mental Health (Consequential Provisions) Act 1994 | 45, 1994 | 7 Sept 1994 | Ss. 1 and 2: 7 Sept 1994 Remainder: 6 Feb 1995 (see s. 2 (2) and Gazette 1995, No. S33, p. 2) | — | |||||
| as repealed by | |||||||||
| Law Reform (Miscellaneous Provisions) Act 1999 | 66, 1999 | 10 November 1999 | 10 November 1999 (s 2 (2) and Gaz 1999 No 45) | ||||||
(a) The New South Wales Acts Act 1986 was amended by section 6 only of the Administrative Arrangements (Consequential Amendments) Ordinance 1987, subsection 2 (2) of which provides as follows:
“(2) The remaining provisions of this Ordinance shall come into operation on the day on which this Ordinance is notified in the Gazette.”
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision How affected
S. 2.................................... am. No. 17, 1988
S. 7.................................... am. No. 38, 1989
S. 9.................................... am. No. 37, 1987; No. 17, 1988; No. 38, 1989
rep. Act No. 45, 1994
S. 10.................................. rep. No. 17, 1988
Schedule 1........................ am. No. 37, 1987; No. 17, 1988; No. 38, 1989
S. 4 (1) and Schedule 2—Schedule 2 contained the text of certain New South Wales Acts (see Schedule 1) which were in force in the Territory before 1 January 1911 and were therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth. These Acts as amended by ACT laws, where applicable, are published separately.
The amendments made by section 11 were amendments to the New South Wales Acts Application Act 1984.
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