STATUTE LAW REVISION.
No. 80 of 1950.
An Act to revise the Statute Law of the Commonwealth.
[Assented to 16th December, 1950.]
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.
1. This Act may be cited as the Statute Law Revision Act 1950.
Commencement.
2. This Act shall come into operation on the thirty-first day of December, One thousand nine hundred and fifty.
Amendment of Acts.
3. The Acts specified in the first column of the First Schedule to this Act are amended as respectively specified in the second column of that Schedule.
Citation of amended Acts.
4. Each Act specified in the first column of the Second Schedule to this Act, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite the reference to that Act in the first column.
Repeal of Acts.
5. The Acts specified in the Third Schedule to this Act are repealed.
Repeal of Tax Acts.
6.—(1.) Subject to this section, the Acts specified in the Fourth Schedule to this Act are repealed.
(2.) The repeal of an Act by this section does not operate so as to repeal an Act incorporated with the repealed Act.
(3.) An Act incorporated with an Act repealed by this section applies in relation to the tax which was imposed by the repealed Act as if the repealed Act were still in force.
Amendment of Customs Tariff.
7.—(1.) Section three of the Customs Tariff 1933–1949, as amended by the Customs Tariff 1950, by the Customs Tariff (No. 2) 1950 and by the Customs Tariff (No. 3) 1950, is amended by omitting the definitions of “tariff alteration” and “the Tariff”.
(2.) Sections seven, thirteen, fourteen, fifteen and sixteen of the Customs Tariff 1933–1949, as amended by the Customs Tariff 1950, by the Customs Tariff (No. 2) 1950 and by the Customs Tariff (No. 3) 1950, are repealed.
(3.) The Customs Tariff 1933–1949, as amended by the Customs Tariff 1950, by the Customs Tariff (No. 2) 1950 and by the Customs Tariff (No. 3) 1950, is amended by omitting from the items, or portions of items, in the Schedule to that Act as so amended which are specified in the first column of the Fifth Schedule to this Act the words respectively set out in the second column of the Fifth Schedule to this Act opposite to those items or portions of items.
(4.) Section one of the Customs Tariff (No. 3) 1950 is amended by omitting sub-section (4.).
(5.) The Customs Tariff 1933–1949, as amended by the Customs Tariff 1950, by the Customs Tariff (No. 2) 1950, by the Customs Tariff (No. 3) 1950 and by this section, may be cited as the Customs Tariff 1933–1950.
Amendment of
Overview
The Statute Law Revision Act 1950 was enacted to revise the statute law of the Commonwealth, consolidating, amending, and repealing various Acts to streamline and modernise the legal framework. The Act was assented to on 16th December 1950 and came into effect on 31st December 1950. It was passed by the Commonwealth Parliament, which is the legislative body of Australia responsible for making federal laws. The primary policy objective of the Act was to ensure the legal system's efficiency by removing obsolete, redundant, or outdated laws and integrating amendments into a coherent and updated legal structure.
Scope and Application
The Statute Law Revision Act 1950 (C1950A00080) is a Commonwealth of Australia Act aimed at revising and consolidating existing statute law. This Act applies to various specified Acts, including amendments, citations, and repeals. It affects entities and persons by modifying the language and structure of the affected Acts while maintaining their original intent and application. The Act is applicable nationally, as it operates within the jurisdiction of the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned within the text of the Act itself, but certain Acts and sections may be exempt from repeal if they have been incorporated into other Acts. The Act extends its application through subordinate instruments by specifying which Acts are amended, cited, or repealed. Overall, the Statute Law Revision Act 1950 aims to streamline and clarify existing legislation for better understanding and enforcement.
Key Provisions
- The Statute Law Revision Act 1950 (C1950A00080) is a significant piece of legislation that aims to revise and update various Commonwealth Acts. The Act primarily focuses on amending, repealing, or validating numerous existing statutes to streamline and modernise the law. The key provisions of the Act are detailed in the following sections.
- First, the main operative sections of the Act include those that amend existing Acts, cite amended Acts, and repeal Acts. For example, Section 3 outlines the amendments to specific Acts, while Section 4 specifies how amended Acts should be cited. Section 5 lists the Acts to be repealed, and Section 6 further details the repeal of tax Acts. Section 7 amends the Customs Tariff, and Section 8 makes changes to the Statute Law Revision Act 1934.
- Second, the Act imposes several obligations and requirements on the parties or entities it governs. For instance, Section 3 mandates the amendment of various Acts to update their provisions, ensuring they align with contemporary legal standards and practices. Section 12 introduces provisions for the Australian Imperial Force Canteens Funds, detailing the appointment and duties of trustees. Furthermore, Section 18 ensures that acts or things made lawful by repealed Acts continue to be valid, to the extent they were lawful prior to the repeal.
- Third, the Act includes provisions for offences, penalties, or civil and criminal consequences for breach. Although the Act itself does not explicitly state penalties for non-compliance, the repealed Acts and the Acts it amends may contain provisions for penalties. For example, the Customs Tariff 1933–1949, as amended, may include penalties for non-compliance with customs regulations. Similarly, the Patents Act 1903–1950 may outline penalties for infringement of patents. It is essential for parties affected by the repealed or amended Acts to be aware of the potential penalties outlined in those Acts.
- Area of Law
- Statutory Interpretation
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
