Statute Law Revision Act 1970 (WA)

1970.] Statute Law Revision. [No. 10.

STATUTE LAW REVISION.

No. 10 of 1970.

AN ACT to revise the Statute Law by repealing spent,

unnecessary or superseded enactments, to give

short titles to certain Acts of Parliament and to

amend the short titles of others.

[Assented to 29th April, 1970.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as f ollows:—

Short title.

This Act may be cited as the Statute Law Revision Act, 1970.

1.

2. The enactments mentioned in the First Repeal.

Schedule to this Act are repealed.

No. 10.] Statute Law Revision. [1970.

Short titles

The enactments mentioned in the first column of the Second Schedule to this Act and cited in the manner appearing in the second column of the Schedule are amended as provided, in each case, in the third column of the Schedule.

provided. 3.

Short titles

The Acts appearing in the Third Schedule to this Act and cited in the manner appearing in the second column of the Schedule may be cited (together with amendments, if any,) in the manner appearing, in each case, in the third column of the Schedule.

amended. 4.

FIRST SCHEDULE.

PART I.—SUPPLY AND APPROPRIATION ACTS.

Year. Act. Title.

1964             No. 1 of 1964

1964             No. 42 of 1964

1964 No. 109 of 1964 Appropriation Act, 1964-65.

1965             No. 1 of 1965

1965              No. 46 of 1965

1965 No. 111 of 1965 Appropriation Act, 1965-66.

1966             No. 1 of 1966

1966             No. 32 of 1966

1966	No. 97 of 1966 Appropriation Act, 1966-67.
1967	No. 1 of 1967 Supply Act, 1967.
1967	No. 31 of 1967 Supply Act, (No. 2), 1967.

PART 11.—LOAN ACTS.

1956	No. 88 of 1956	Loan Act, 1956.
1957	No. 80 of 1957	Loan Act, 1957.
1958	No. 62 of 1958	Loan Act, 1958.
1959	No. 81 of 1959	Loan Act, 1959.
1960	No. 83 of 1960	Loan Act, 1960.
1961	No. 80 of 1961	Loan Act, 1961.
1962	No. 77 of 1962	Loan Act, 1962.
1963	No. 67 of 1963	Loan Act, 1963.
1964	No. 106 of 1964	Loan Act, 1964.
1965	No. 112 of 1965	Loan Act, 1965.
1966	No. 64 of 1966	Loan Act, 1966,
1967	No. 75 of 1967	Loan Act, 1967.

1970.]	Statute Law Revision.	[No. 10.
PART M.—RAILWAYS ACTS.

Discontinuance Acts.

Year. Act. Title.

1960 .... No. 76 of 1960 Railways (Cue-Big Bell and other Railways) Discon- tinuance Act, 1960.

1964 .... No. 27 of 1964 Bellevue-Mount Helena Rail-

way Discontinuance and

Land Revestment Act, 1964.

1964 .... No. 30 of 1964 Bibra Lake-Armadale Discon- tinuance and Land Revest- ment Act, 1964.

1967 .... No. 43 of 1967 Railway (Midland-Walkaway

Railway)	Discontinuance
Act, 1967.

Miscellaneous.

1916 .... No. 14 of 1916 .... Flinders Bay-Margaret River

Railway Act, 1916.

PART IV.—ACTS AMENDMENT ACTS.

Year. Act. Title.

1947 .... No. 52 of 1947 Acts Amendment (Allowances and Salaries Adjustment) Act, 1947.

1949 .... No. 17 of 1949 Acts Amendment (Increast

in number of Judges of the

Supreme Court) Act, 1949.

1950 .... No. 2 of 1950 Acts Amendment (Increase in number of Ministers of the Crown) Act, 1950.

1950 .... No. 16 of 1950 Acts Amendment (Allowances and Salaries Adjustment) Act, 1950.

1953 No. 71 of 1953 Acts Amendment (Allowances and Salaries Adjustment) Act, 1953.

1955 No. 47 of 1955 Acts Amendment (Allowances and Salaries Adjustment) Act, 1955.

No. 10.] Statute Law Revision. [1970.

PART V.—SUPERSEDED ENACTMENTS.

Year. Act or Ordinance. Title.

1851 .. 14 Vict, No. 18 .... An Ordinance for the better apprehension of Offenders who shall have escaped to parts within the Territory of Western Australia, from any other of the Australian Colonies.

1861 25 Vict, No. 2 An Ordinance for vesting the Ordnance Lands and Build- ings in the Principal Sec- retary of State for the War Department.

1862 .... 25 Vict, No. 19 An Ordinance to amend "An Ordinance for vesting the Ordnance Lands and Build- ings in the Principal Sec- retary of State for the War Department".

1863 .... 27 Viet, No. 11 An Ordinance for Vesting all Estates and Property occu- pied by or for the Naval Service of the United King- dom of Great Britain and Ireland, in the Lord High Admiral, or the Commis- sioners for executing the Office of Lord High Admiral, of the said United King- dom, for the Time being.

1871 .... 34 Vict, No. 2 An Act to provide for the repayment of expenses on

account of distressed

Colonial Seamen.

1877 .... 41 Vict, No. 14 An Act to vest in certain Officers of Customs in this

Colony certain powers

which, by "The Merchant Shipping Act, 1871," are, in the United Kingdom, vested in the Board of Trade.

1887 .... 51 Vict. No. 9 An Act to prevent the bring- ing of Spirituous or Fer- mented Liquors on board Her Majesty's ships, and the aiding any Officer, Sea- man, or Marine to desert therefrom.

1970.] Statute Law Revision. [No. 10.

PART VI.—ENACTMENTS NOT IN OPERATION.

Year. Act or Ordinance. Title.

1839 . 2 Vict, No. 6 .... An Act for appointing and authorising certain persons to be Commissioners and to act as Guardians to Emmi- grants, being Minors, sent to this Colony from the United Kingdom by a Society known by the style of "The Children's Friend Society".

1840 . 4 Vict, No. 1 An Act to constitute the Island of Rottnest a Legal Prison.

1840	....	4 Vict, No. 2	An Act to extend the Juris- diction of Magistrates in Cases of Complaint between Masters and Servants.
1840	....	4 Vict, No. 4	An Act to provide more suit- able remedies in case of Seamen deserting from the Merchant Service in this Colony.
1840	..	4 Vict. No. 8	An Act to allow the Aboriginal Natives of Western Austra- lia to give information and evidence in Criminal cases, and to enable Magistrates to award summary punish- ment, for certain offences.
1841	.	4 and 5 Vict, No. 19	An Act to secure the repay- ment in certain cases of Expenses incurred by the Local Government for the introduction of Labourers. Domestic Servants, Mech- anics, and Artisans, into the Colony of Western Austra- lia.

1842 .. 6 Vict, No. 6 An Act to prevent the unauthorised occupation of Crown Lands.

1845 .... 9 Vict, No. 3 An Ordinance to authorise the Governor of Western Aus- tralia to raise the sum of Two Thousand Pounds on Loan, for the erection of a Gaol, or for other public services of the colony.

No. 10.J Statute Law Revision. [1970.

Year. Act or Ordinance. Title.

1855 .. 18 Vict, No. 6 Larceny Summary Conviction

Ordinance, 1855.

1863 .... 27 Vict, No. 16 "The Vineyard Distillation

Ordinance, 1863".

1875 ...	39 Vict, No. 14	"The High School Act, 1875".
1888 ....	52 Vict, No. 21	"The Railways Amendment Act, 1888".

PART VII.—GENERAL.

Year. Act or Ordinance. Title.

1845	8 Viet, No. 12	An Ordinance to remove doubts as to the power of Justices of the Peace in the Colony of Western Austra- lia to inflict penalties under certain Acts of Parliament.
1847 ....	10 Vict, No. 16	An Ordinance to provide a summary remedy for Breach of Contracts con- nected with the Fisheries of the Colony.
1850 ....	14 Vict, No. 5	An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions, within the Colony of Western Austra- lia, with respect to Sum- mary Convictions and Orders.

1852 .... 16 Viet, No. 8 An Ordinance for further im- proving the administration of Criminal Justice.

1860 .... 24 Vict, No. 14 An Ordinance to provide for the Extension of the Boun- daries of the Town of New- castle.

1863 .. 27 Vict, No. 17 An Ordinance to extend the

Jurisdiction of the Police

and Resident Magistrates.

1876 .... 39 Viet, No. 20 An Act to amend the Law concerning the Remission of Penalties.

1970. ] Statute Law Revision. [No. 10.

Year. Act or Ordinance. Title.

1877 ....	41 Vict, No. 9	....	An Act to facilitate Leases and Sales of Settled Estates.
1879	43 Vict, No. 13	An Act to regulate the For- feiture of Recognizances to keep the Peace and to obtain the Attendance of Prisoners as Witnesses in any Cause or Matter.
1900 ....	64 Vict, No. 2	An Act to correct certain errors in the Constitution Acts Amendment Act, 1899.
1911 ....	No. 13 of 1911	Bread Act Amendment Act,

1911.

1912	No. 31 of 1912	Tramways Purchase Act, 1912.
1914	No. 11 of 1914	Osborne Park Tramways Pur-

chase Act, 1914.

1916 No. 6 of 1916 The Western Australian Day

Funds Act, 1916.

1940 No. 30 of 1940 Tramways Purchase Act

Amendment Act, 1940.

SECOND SCHEDULE.

Year and Act or

Ordinance. Long Title. Amendment.

1836-6 Wil. IV, An Act for adopting, The following para-

No. 4	and applying certain	graph is added at the
Acts of Parliament,	end of the Act
Passed in the first,

the first and second, This Act may be

the second, the sec-	cited as the Imperial
ond and third, and	Acts Adopting Act,
the third and fourth	1836.
years of the reign of His present Majesty, respectively, in the Administration of Justice in the Colony of Western Austra- lia, in like manner as other laws of Eng- land are applied therein.

No. 10.]	Statute Law Revision.	[1970.
Year and Act or

Ordinance. Long Title. Amendment.

1839-2 Vict, An Act for adopting The following para-

No. 1	and applying certain	graph is added at the
Acts of the Parlia-	end of the Act

ment of the United This Act may be

Kingdom passed in	cited as the Imperial
the first year of the	Acts Adopting Act,
Reign of Her pres-	1839.
ent Majesty in the Colony of Western Australia, in like manner as other Laws of England are applied therein.

1841-4 and 5 An Act to provide for A section is added

Vict, the more effectual after section ten as

No. 20 and accurate estab- follows-

lishment of the 11. This Act may be

Boundaries of Lands	cited as the Land
within the Colony ot	Boundaries Act, 1841.
Western Australia.

1844-7 Vict, An Act for adopting A section is added after

No. 13	certain Acts of Par-	section four as fol-
liament passed in the	lows-

Third and Fourth, 5. This Act may be

the Fourth and Fifth,	cited as the Imperial
the Fifth and Sixth,	Acts Adopting Act,
and the Sixth and	1844.
Seventh years of the reign of His late Majesty King Wil- liam the Fourth; and also certain Acts of Parliament passed in the First and Sec- ond, the Second and Third, and the Fifth and Sixth years of the reign of Her pres- ent Majesty Queen Victoria respectively; and applying the same in the Adminis- tration of Justice in Western Australia in like manner as the other Laws of Eng- land are applied therein.

1970. ] Statute Law Revision. [No. 10.

Year and Act or

Ordinance. Long Title. Amendment.

1844-8 Viet, An Act to provide for A section is added after

No. 8	the Alignment of	section seventeen as
Streets in the several	follows-

Towns in the Colony 18. This Act may be

of Western Australia.

cited as the Street

Alignment Act, 1844.

1844-8 Viet, An Act for the adjust- A section is added

No. 9	ment of Divisional	after section twenty-
Boundaries of Allot-	three as follows-

ments in Towns, and 24. This Act may be

to prevent Litigation	cited as the Town Al-
from undesigned en-	lotments (Boundaries)
croachments on ad-	Act, 1844.
joining Allotments.

1847-10 Viet, An Ordinance to adopt The following para-

No. 8	certain Improvements	graph is added at the
made in the Law of	end of the Ordinance
England respecting	This Ordinance may be cited as the Im- perial Act Adopting Ordinance, 1847.
Libel.

1849-12 Wet, An Ordinance for The following para-

No. 21	adopting certain	graph is added at the
Acts of the Imperial	end of the Ordinance
Parliament.	This Ordinance may be cited as the Im- perial Acts Adopting Ordinance, 1849.

1850-14 Viet, An Ordinance for the The following para-

No. 3	adoption of an Act	graph is added at the
of the Imperial Par-	end of the Ordinance

liament for the re- This Ordinance may

moval of defects in	be cited as the Im-
the administration of	perial Act Adopting
Criminal Justice.	Ordinance, 1850.

1853-16 Viet, An Ordinance to pro- A section is added

No. 16	vide for the removal	after section four as
of Boundary Posts	follows-

in Towns, and for 5. This Ordinance

the substitution,	may be cited as the
under certain cir-	Town Boundary Marks
cumstances, of other	Ordinance, 1853.
Boundary Marks.

No. 10.]	Statute Law Revision.	[1970.
Year and Act or

Long Title. Amendment.

Ordinance.

1855-18 Vict, An Ordinance to re- A section is added

No. 10	move doubts as to	after section two as
the service or execu-	follows-

tion of Common Law 3. This Ordinance

Process on the Sea

may be cited as the

within the Harbours

Service and Execution

of Western Australia.

of Process (Harbours)

Ordinance, 1855.

1856-19 Vict, An Ordinance to em- A section is added after

No. 5 power the Governor section five as follows-

to alienate Lands in 6. This Ordinance

Western Australia	may be cited as
purchased out of Im-	the Lands Alienation
perial or Colonial	Ordinance, 1856.
Funds.

1856-20 Vict, An Ordinance for The following para-

No. 7 adopting and apply graph is added at the

-ing an Act of Par- end of the Ordinance

liament, intituled "An This Ordinance may

Act to amend the	be cited as the Imperial
Law relating to Bills	Act Adopting Ordin-
of Lading" in the	ance, 1856.
administration of justice in the Colony of Western Australia.

1861-25 Vict, An Ordinance for the A section is added after

No. 5	more speedy Levying	section three as fol-
of forfeited Recogni-	lows-
zances.	4. This Ordinance may be cited as the Recognizances (Forfeit- ure) Ordinance, 1861.

1863-27 Vict, An Ordinance to regul- A section is added as

No. 19	ate Divorce and	follows-
Matrimonial Causes.	67. This Ordinance may be cited as the Matrimonial Causes Ordinance, 1863.

1867-31 Vict, An Ordinance for A section is added after

No. 8	adopting certain Acts	section three as fol-
of the Imperial Par-	lows-
liament.	4. This Ordinance may be cited as the Im- perial Acts Adopting Ordinance, 1867.

1970. J Statute Law Revision. [No. 10.

Year and Act or

Ordinance. Long Title. Amendment.

1873-37 Vict, An Act to remove some A section is added after

No. 4 defects in the admin- section seven as fol-

istration of the lows-

Criminal Law. 8. This Act may be cited as the Delivery of Prisoners Act, 1873.

1873-37 Vict, An Act to declare the A section is added after

No. 12	Law relating to Mas-	section two as follows-
ters and Apprentices.	3. This Act may be cited as the Imperial Acts (Masters and Ap- prentices) Adopting Act 1873.

1877-41 Vict, An Act to amend The A section is added after

No. 10	Pawnbroker's Ordin-	section two as follows-
ance, 1860.	3. This Act may be cited as the Pawn- broker's Ordinance Amendment Act, 1877.

1885-49 Vict, An Act to explain The A section is added after

No. 4	Superannuation Act.	section two as follows- 3. This Act may be cited as the Superan- nuation Act Amend-
ment Act, 1885.

1906—No. 4 of An Act to authorise the A section is added after

1906 Trustees of the Nel- section two as follows-

son Agricultural Soc- 3. This Act may be

iety to sell Bridge-	cited as the Nelson
town Town Lots	Agricultural Society
twenty-nine and	Land Act, 1906.
thirty, and to apply the proceeds to the improvement of Re- serve numbered 6877.

THIRD SCHEDULE.

Year and Act. Short Title. Amendment.

1883-47 Vict, The Aboriginal Offen- Aboriginal Offenders

No. 8 ders Act, 1883. Act, 1883.

1884-48 Vict, The Bank Holidays Act, Bank Holidays Act,

No. 9 1884. 1884.

No. 10.] Statute Law Revision. [1970.

Year and Act. Short Title. Amendment.

1888-52 Vict, The Bank Holidays Act, Bank Holidays Act,

No. 3	1884, Amendment	1884, Amendment Act,
Act, 1888.	1888.

1889-52 Vict, The Constitution Act, Constitution Act, 1889.

No. 23 1889.

1891-54 Viet, The Census Act, 189 1. Census Act, 1891.

No. 7

1892-55 Viet, The Affirmations Act, Affirmations Act, 1892.

No. 14 1892.

1895-59 Viet, The Arbitration Act, Arbitration Act, 1895.

No. 13 1895.

1895-59 Vict, The Copyright Act, Copyright Act, 1895.

No. 24 1895.