Statute Law Revision Act 1973
No. 216 of 1973
AN ACT
For the purposes of Statute Law Revision.
[Assented to 19 December 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title.
1. This Act may be cited as the Statute Law Revision Act 1973.
Commencement.
2. This Act shall come into operation on 31 December 1973.
Amendment of Acts.
3. The Acts specified in column 1 of Schedule 1 are amended as respectively specified in column 2 of that Schedule.
Citation of amended Acts.
4. An Act specified in column 1 of Schedule 2, as amended by this Act, may be cited in the manner specified in column 2 of that Schedule opposite to the reference to that Act in column 1.
Repeal of Acts.
5. The Acts specified in Schedule 3 are repealed.
Repeal of Tax Acts.
6. (1) Subject to this section, the Acts specified in Schedule 4 are repealed.
(2) The repeal of an Act by this section does not operate so as to repeal an Act incorporated with the repealed Act.
(3) An Act incorporated with an Act repealed by this section applies in relation to the tax that was imposed by the repealed Act as if the repealed Act were still in force.
Repeal of certain Acts that amend other Acts.
7. (1) The Acts specified in Schedule 5 are repealed.
(2) The repeal of an Act by this section does not affect the operation of—
(a) any amendment of another Act made by the repealed Act; or
(b) any provision for the citation of that other Act as amended by the repealed Act.
Amendment of Statute Law Revision Act 1950–1966.
8. (1) Section 5 of the Statute Law Revision Act 1950–1966 is repealed.
(2) The Third Schedule to the Statute Law Revision Act 1950–1966 is repealed.
(3) An act or thing that, by an Act specified in Part III of the Third Schedule to the Statute Law Revision Act 1950–1966, was made, or was to be deemed to be, lawful, valid or effectual shall, to the extent to which it was so made, or was so to be deemed to be, lawful, valid or effectual, continue to be, or to be deemed to be, lawful, valid or effectual.
(4) Section 6 of the Statute Law Revision Act 1950–1966 is repealed but an Act incorporated with an Act repealed by that section applies in relation to the tax that was imposed by the repealed Act as if the repealed Act were still in force.
(5) The Fourth Schedule to the Statute Law Revision Act 1950–1966 is repealed.
(6) The Statute Law Revision Act 1950–1966, as amended by this section, may…
Overview
The Statute Law Revision Act 1973 was enacted to revise and consolidate the statute law of Australia. It addresses the problem of outdated, repealed, or redundant legislation that could create confusion and inefficiencies in the legal system. The Act was enacted by the Australian Parliament, which consists of the Queen, the Senate, and the House of Representatives. The primary objective of the Act is to streamline and modernise the legislative framework by repealing obsolete laws, updating terminology, and amending certain Acts to ensure they remain relevant and effective. This Act does not detail specific provisions but rather focuses on the overarching goal of improving the clarity and functionality of the Australian legislative landscape.
Scope and Application
The Statute Law Revision Act 1973 is a Commonwealth Act that applies to the revision and amendment of various Australian laws. The Act amends, repeals, or alters several Acts, as specified in the schedules, to modernise the language and terminology, update references to other Acts, and remove outdated or redundant provisions. The amended Acts cover a wide range of topics and industries, including agriculture, aviation, citizenship, defence, education, finance, health, immigration, industry, law, taxation, and trade. The Act applies to all Australian Territories and any other territories to which the Commonwealth Parliament has the power to make laws. The repeal of certain Acts does not affect any amendments made by those Acts to other Acts, or the citation of those other Acts. The Act also amends the Statute Law Revision Act 1950-1966 to update its provisions and citations. The repeal of certain Acts does not affect any acts or things made lawful, valid, or effectual by those Acts, or the operation of any incorporated Acts. The Act does not limit the application of the Acts Interpretation Act 1901-1973. The Act may be extended or restricted through subordinate instruments, but none are specified in the text.
Key Provisions
- The Statute Law Revision Act 1973 (C1973A00216) serves the purpose of revising statute law, as outlined in its title. The key operative sections of the Act include amendments to various Acts, changes in the citation of certain Acts, and the repeal of several Acts. Section 3 specifies the amendments to Acts listed in Schedule 1, such as replacing "Territory of the Commonwealth" with "Territory" in several Acts. Section 4 outlines how certain Acts may be cited after amendment. Section 5 lists the Acts to be repealed as specified in Schedule 3, and Section 6 deals with the repeal of tax Acts, ensuring that Acts incorporated with repealed Acts continue to apply to taxes imposed by the repealed Acts. Section 7 addresses the repeal of certain Acts that amend other Acts, while Section 8 repeals sections of the Statute Law Revision Act 1950–1966 and amends it to reflect the changes. Section 9 provides for the continued validity of certain acts or things under repealed Acts, and Section 11 clarifies that the repeal of Acts does not affect portions that have already been repealed.
- The Act imposes obligations on parties and entities to ensure compliance with the revised laws. For example, it mandates that certain Acts be amended as specified in Schedule 1, and it requires that the citation of amended Acts follows the format outlined in Schedule 2. Furthermore, it specifies the repeal of certain Acts and the continued application of certain incorporated Acts to ensure a smooth transition and legal continuity.
- The Act also includes provisions for offences, penalties, and consequences for breaches. For instance, under the amended Customs and Excise Acts, a person shall not import goods with false trade descriptions. The penalty for this offence is a fine of up to $200. Another significant provision is found in the Income Tax Assessment Act 1936–1972, where it is stated that a person shall not import any goods to which a false trade description is applied. The penalty for this offence is also a fine of up to $200, and prosecution can only be initiated with the consent of the Minister. Additionally, under the Spirits Act 1906–1972, selling or possessing illicit spirits or illicit methylated spirits carries a penalty of up to $200. These provisions are intended to maintain the integrity of trade and taxation regulations in Australia.
- Area of Law
- Statutory Interpretation
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Savings Provisions
