STATUTE LAW REVISION.
No. 45 of 1934.
An Act to revise the Statute Law of the Commonwealth by repealing Enactments which have ceased to be in force or have become unnecessary, to make any Amendments in that Law which are rendered necessary or desirable by any such repeal, and for other purposes.
[Assented to 6th August, 1934.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citations.
1.—(1.) This Act may be cited as the Statute Law Revision Act 1934.
(2.) Each Act specified in the first column of the First Schedule to this Act may, as amended by this Act, be cited in the manner specified in the second column of that Schedule opposite the reference to that Act in the first column.
Repeal and amendment of Acts.
2.—(1.) The Acts specified in the Second Schedule to this Act are hereby repealed:
Provided that any act or thing, which by any Act specified in Part III. of that Schedule was made or deemed lawful valid or effectual, shall, to the extent to which it was so made or deemed lawful, valid or effectual, continue to be or to be deemed lawful valid or effectual.
(2.) So much of the Acts specified in the Third Schedule to this Act as has not been repealed by any other Act is hereby repealed.
(3.) The Acts specified in the first column of the Fourth Schedule to this Act are hereby amended as respectively specified in the second column of that Schedule.
Repeal of Income Tax Acts.
3. The Acts set forth in the Fifth Schedule to this Act are repealed: Provided that where the income tax imposed on income by any Act specified in that Schedule has not been paid, the rate of tax imposed by that Act shall continue to apply to that income as if this section had not been enacted.
Amendment of Committee of Public Accounts Acts.
4.—(1.) Section nine of and the Schedule to the Committee of Public Accounts Act 1920 are repealed.
(2.) The Committee of Public Accounts Act 1913–1920 is amended by adding at the end thereof the Schedule set forth in the Sixth Schedule to this Act.
Repeal of Trading with the Enemy Act 1914–1921.
5.—(1.) The following Acts are repealed:—
The Trading with the Enemy Act 1914 (No. 9 of 1914).
The Trading with the Enemy Act (No. 2) 1914 (No. 17 of 1914).
The Trading with the Enemy Act 1916 (No. 20 of 1916).
The Trading with the Enemy Act 1921 (No. 23 of 1921):
Provided that nothing in this section shall affect the continuation of the office of Public Trustee constituted under those Acts or the appointment of any person to that office and that any person for the time being holding the office of Public Trustee shall have the same…
Overview
The Statute Law Revision Act 1934 was enacted to streamline and modernise the Commonwealth's statute law by repealing outdated or redundant legislation and amending certain Acts to reflect current legal requirements. The Act, assented to on 6 August 1934, was passed by the King, the Senate, and the House of Representatives of Australia. The primary objective of this Act was to tidy up the legislative framework, ensuring it remained efficient and relevant. This involved repealing several Acts, amending others to correct or update specific provisions, and validating certain actions or agreements to maintain their legal standing despite the repeals.
Scope and Application
The Statute Law Revision Act 1934 applies to various Acts and legislative instruments within the Commonwealth of Australia. This Act is concerned with repealing old and obsolete laws, amending existing laws to correct or clarify their provisions, and making other necessary adjustments to the statute law. The legislation targets a broad range of Acts and instruments, including Supply Acts, Appropriation Acts, Validating Acts, Grants to States, Loan Acts, Bounty Acts, and miscellaneous Acts, as detailed in the schedules of the Act. The repeals and amendments are designed to streamline and modernise the statute law by removing outdated or redundant provisions and ensuring that the remaining laws are clear and enforceable. Notably, the Act ensures that certain provisions remain in effect to maintain the validity of past actions and transactions. The Act extends its application across the Commonwealth of Australia, affecting all entities and individuals subject to the repealed or amended Acts. This includes government entities, public officers, and private individuals or corporations that were subject to the provisions of the Acts addressed by this revision. The application of the Act is comprehensive, encompassing both current and historical legal frameworks, thereby ensuring that the statute law remains relevant and effective in contemporary legal practice.
Key Provisions
- The Statute Law Revision Act 1934, as its name suggests, revises the statute law of the Commonwealth by repealing certain enactments that have ceased to be in force or have become unnecessary, and amending other laws where necessary or desirable. The main sections of the Act include provisions for the repeal and amendment of specific Acts, the application of the Acts Interpretation Act 1901–1932, and the citation of Acts. The Act also includes schedules that list the Acts to be repealed or amended, and the new citations for those Acts.
- The obligations and requirements imposed by the Act primarily involve the repeal or amendment of specified legislation, ensuring that outdated or unnecessary laws are removed from the statute books, and maintaining consistency and clarity in the law. For example, Section 2 of the Act repeals various Supply Acts and Appropriation Acts, while Section 3 repeals the Income Tax Acts, and Section 4 amends the Committee of Public Accounts Act 1920. Section 5 repeals the Trading with the Enemy Acts, and Section 6 repeals the Defence Retirement Act 1922, with specific provisions to ensure the continuity of certain roles and powers. Section 7 repeals the Moratorium Act 1919, with certain exceptions to maintain existing rights and obligations.
- The Act also imposes consequences for breach, although it does not explicitly outline specific penalties. The enforcement of these provisions would likely fall under the general legal framework governing the administration and enforcement of Australian law, including potential civil or criminal penalties for non-compliance with repealed or amended laws, depending on the nature of the breach and the specific provisions involved. The Act itself primarily serves to clarify and streamline the legal framework by removing outdated laws and updating references, rather than creating new penalties or enforcement mechanisms.
- Area of Law
- Statutory Interpretation
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Civil Penalty Provisions
- Compliance Obligations
