Statute Law Revision Act 1981
No. 61 of 1981
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
3. Principal Act
4. Schedule
PART III—AMENDMENTS OF THE AIR FORCE ACT 1923
5. Principal Act
6. Australian Air Force
7. Permanent Air Force
8. Air Force Emergency Force
9. Repeal of section 4d and substitution of new section—
4d. Australian Air Force Reserve
10. Service of the Permanent Air Force
11. Service of the Air Force Emergency Force
12. Service of the Australian Air Force Reserve
13. Transitional and savings
PART IV—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
14. Principal Act
15. Repeal of section 21 and substitution of new section —
21. Review of revocation of authority
TABLE OF PROVISIONS—continued
Section
PART V—AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975
16. Principal Act
17. Requirement with respect to the exhibition of Australian short films
PART VI—AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946
18. Principal Act
19. Constitution of Council
PART VII—AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974
20. Principal Act
21. Exemption of certain persons
PART VIII—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905
22. Principal Act
23. Insertion of new section—
15. Review of decisions
PART IX—AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955
24. Principal Act
25. Arrest of witness for failing to appear
PART X—AMENDMENTS OF THE DEFENCE ACT 1903
26. Principal Act
27. Interpretation
28. Term of appointment
29. Repeal of sections 24 and 25
30. Retired lists
31. Division of Australian Army
32. Permanent Military Forces
33. Repeal of section 32a and substitution of new section—
32a. Australian Army Reserve
34. Discharge upon expiration of period of engagement
35. Discharge of members of Australian Army Reserve
36. Discharge of members of Regular Army Emergency Reserve
37. Enlistment in Reserve Force
38. Service of the Permanent Military Forces
39. Calling out of the Regular Army Emergency Reserve for continuous full-time military service
40. Calling out of the Regular Army Reserve for continuous service
41. Direction by prescribed authority
42. Application of certain regulations to the Regular Army Emergency Reserve
43. Service of the Australian Army Reserve
44. Calling out of the Reserve Forces in time of war or defence emergency
45. Service of Reserve Forces after call out
46. Citizen Military Forces to be returned to districts
47. Protection of States from domestic violence
48. Absence for more than 7 days deemed to be desertion
49. Power to discharge or disrate members of Reserve Forces
50. Power to arrest and detain in military custody
51. Transitional and savings
PART XI—AMENDMENT OF THE DISTILLATION ACT 1901
52. Principal Act
53. Insertion of new section—
82b. Review of decisions
TABLE OF PROVISIONS—continued
Section
PART XII—AMENDMENT OF THE EXCISE ACT 1901
54. Principal Act
55. Insertion of new section—
162c. Review of decisions
PART XIII—AMENDMENT OF THE HISTORIC SHIPWRECKS…
Overview
The Statute Law Revision Act 1981, enacted by the Australian Parliament, was designed to address the problem of outdated and redundant legislative provisions. The Act's primary objective was to streamline and modernise existing legislation by repealing obsolete acts and sections, correcting inconsistencies, and updating terminology to reflect current practices and standards. This revision aimed to enhance the clarity, efficiency, and effectiveness of the statute book, ensuring that laws remain relevant and easy to administer.
Scope and Application
The Statute Law Revision Act 1981 (C2004A02439) is a Commonwealth statute enacted for the purposes of statute law revision, encompassing a broad scope of legislative amendments across various Acts. The Act applies to multiple legislative texts, including but not limited to the Administrative Appeals Tribunal Act 1975, the Air Force Act 1923, the Australian Capital Territory Taxation (Administration) Act 1969, and several other Acts that govern a range of sectors such as military, taxation, education, and trade. The Act amends definitions, repeals outdated provisions, and introduces new sections to align with contemporary legal and administrative standards. The amendments made by the Act are extensive and include changes to the definitions of terms, the introduction of new provisions, and the repeal of certain sections of the affected Acts. The application of this Act is nationwide, as it pertains to federal laws administered by the Commonwealth of Australia. The Act does not specify any exclusions or thresholds but rather extends its application broadly across the specified Acts. Subordinate instruments may be used to further clarify or implement the provisions of the Act.
Key Provisions
- The Statute Law Revision Act 1981 revises and consolidates various sections of Australian legislation, making amendments to existing acts to update terminology, streamline processes, and address specific issues. Key sections and their implications include the amendment of the Administrative Appeals Tribunal Act 1975, where Parts IV, V, VIII, X, XVI, XVII, XXI, XXII, XXIVa, and XXV are omitted, and new review provisions are introduced. The Air Force Act 1923 is revised to replace terms such as "Citizen Air Force" with "Australian Air Force Reserve" and specifies service obligations for different reserves. The Australian Capital Territory Taxation (Administration) Act 1969 and the Australian Film Commission Act 1975 are amended to allow for the review of decisions related to the revocation of authority and exhibition requirements, respectively. Additionally, the Defence Act 1903 sees significant changes, including the redefinition of military forces and the introduction of new service obligations. The Act also modifies various other acts, including the Commerce (Trade Descriptions) Act 1905, the Courts-Martial Appeals Act 1955, and the Migration Act 1958, among others.
- The obligations imposed by the Statute Law Revision Act 1981 include updated definitions and service requirements for military and reserve forces, new review mechanisms for certain decisions, and the introduction of specific terms and conditions for service and training in various acts. Transitional and savings provisions ensure that existing service members and processes are not disrupted by the amendments, maintaining continuity in obligations and service terms.
- The Act includes potential civil and criminal consequences for breaches of its provisions, although specific penalties are not detailed within the provided text. Generally, breaches of statutory provisions in Australian legislation can result in penalties such as fines or imprisonment, depending on the severity and nature of the breach. For instance, failure to comply with military service obligations could lead to disciplinary actions under the Defence Act 1903, while breaches of review processes might incur administrative penalties. The exact penalties would be determined by the specific act and the nature of the breach.
- Area of Law
- Administrative Law
- Defence & Military Law
- Environmental Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
