STATUTE LAW REVISION ACT 1974

No. 20 of 1974

An Act for the purposes of Statute Law Revision.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Statute Law Revision Act 1974.

(2) The Statute Law Revision Act 1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Statute Law Revision Act 1973-1974.

Commencement.

2. This Act shall be deemed to have come into operation on 31 December 1973.

Schedule 1.

3. Schedule 1 to the Principal Act is amended as set out in Schedule to this Act.

Schedule 2.

4. Schedule 2 to the Principal Act is amended as set out in Schedule to this Act.

Schedule 3.

5. Schedule 3 to the Principal Act is amended as set out in Schedule to this Act.

Certain amendments to be deemed to be ineffective.

6. (1) The repeal of section 3 of the Australian National University Act 1946-1971, as amended by the Australian National University Act 1973, effected by the Principal Act shall be deemed not to have taken effect.

(2) The amendments of section 4, the repeal of section 26, and the amendments of sections 27 and 28, of the Life Insurance Act 1945-1965, as amended by the Life Insurance Act 1973, effected by the Principal Act shall be deemed not to have taken effect.

(3) The amendments of section 329d of the Navigation Act 1912-1972 effected by the Principal Act shall be deemed not to have taken effect.

(4) The amendments of sections 47 and 47a of the Patents Act 1952-1969 effected by the Principal Act shall be deemed not to have taken effect.

Effect of certain amendments of Public Service Act.

7. The Public Service Act (No. 4) 1973 has effect from and including the day on which that Act received the Royal Assent as if, in the matter in column 2 of Table B in the Schedule to that Act relating to sub-sections 25(3), (4) and (5) of the Public Service Act 1922-1972, as amended by the Public Service Act 1973, the Public Service Act (No. 2) 1973 and the Public Service Act (No. 3) 1973, the word “insert” appeared instead of the word “substitute”.

References.

8. A reference to the Principal Act in a marginal note or other note to a reprint of another Act by the Government Printer shall, for the purposes of sub-section 2(2) and section 3 of the Amendments Incorporation Act 1905-1973, be a sufficient reference to the Principal Act as amended by this Act.

__________

SCHEDULE 1 Section 3

AMENDMENTS OF SCHEDULE 1 TO THE PRINCIPAL ACT

1. In the matter in column 2 relating to the Agricultural Tractors Bounty Act 1966-1972, as amended by the Agricultural Tractors Bounty Act 1973, before “Section 6a”, insert—

“Section 6—

After ‘Subject’ in sub-section (1) insert ‘to this Act’.”.

2. From the matter in column 2 relating to the Australian National University Act 1946-1971, as amended by the Australian National University Act 1973—

SCHEDULE 1–continued

Banking Act (No. 2) 1973 Section 1 —

Omit sub-section (4).”.

5. In the matter in column 2 relating to the Broadcasting and Television Act 1942-1972, as amended by the Broadcasting and Television Act 1973, before “Section 50 ”, insert—

“Section 48a—

Omit from paragraph (1)(a) ‘an’ (wherever occurring), insert ‘a’.”

6. In the matter in column 2 relating to the Citizenship Act 1948-1969, as amended by the Australian Citizenship Act 1973, after—

“Section 5—

Omit from the definition of ‘Australia’ in sub-section (1) ‘of the Commonwealth’.”, insert—

“Omit from the definition of ‘certificate of Australian citizenship’ in sub-section (1) ‘section 21 ’, insert ‘section 22’.”

7. In the matter in column 2 relating to the Coal Industry Act 1946-1966, after—

“Section 29—

Repeal.”,

insert—

“Section 31a—

Repeal.”.

8. From column 1 omit “Commonwealth Banks (No. 2) Act 1973”, insert “Commonwealth Banks Act (No. 2) 1973”.

9. In the matter in column 2 relating to the Commonwealth Serum Laboratories Act 1961-1970, before “Section 42”, insert—

“Section 30—

Repeal.”.

SCHEDULE 1–continued

Section 6—

Omit ‘of the Commonwealth’.

Section 7—

Omit from sub-section (1) ‘Territory of the Commonwealth’, insert ‘Territory’.

Omit from sub-section (2) ‘Territory of the Commonwealth ’ (wherever occurring), insert ‘Territory ’.

Omit from paragraph (7)(c) ‘Territory of the Com­monwealth’, insert ‘Territory’.

Section 16—

Add at the end of paragraph (a) ‘and’.

Omit from paragraph (b) ‘and’.

Omit paragraph (c).

Section 24—

Omit from sub-section (1) ‘Territory of the Commonwealth’, insert ‘Territory’.

Section 25—

Omit from sub-section (5) ‘Territory of the Commonwealth’, insert ‘Territory’.

Omit from sub-section (11) ‘Territory of the Commonwealth’, insert ‘Territory’.

Section 63—

Omit from sub-section (3) ‘of the Commonwealth’ (wherever occurring).

Omit from sub-section (4) ‘of the Commonwealth’.

Section 71—

Add at the end of paragraph (1)(a) ‘ and ’.

Omit from paragraph (1)(b) ‘and’.

Omit paragraph (1)(c).

Section 73—

Omit from paragraph (2)(a) ‘of the Commonwealth’.

Omit from paragraph (2)(b) ‘of the Commonwealth’ (wherever occurring).

Section 92—

Omit from sub-section (3) ‘of the Commonwealth’.

Section 103—

Omit from paragraph (1)(c) ‘Territory of the Commonwealth’, insert ‘Territory’.

Part VIII—

Repeal.

Section 115—

Omit from sub-section (2) ‘Territories of the Commonwealth not forming part of the Commonwealth’, insert ‘external Territories’.

Omit from sub-section (4) ‘a Territory of the Commonwealth not forming part of the Commonwealth’, insert ‘an external Territory’.

Section 116—

Omit from sub-section (2) ‘ of the Commonwealth ’.

Section 120—

Omit from paragraph (10) (a) ‘a Territory of the Commonwealth not forming part of the Commonwealth’, insert ‘an external Territory’.

Section 121 —

Omit from sub-section (3) ‘of the Commonwealth’.

Omit from sub-section (4) ‘of the Commonwealth’.

Omit from sub-section (5) ‘of the Commonwealth’.

Section 123—

Omit from paragraph (1)(b) ‘Territory of the Commonwealth’, insert ‘Territory’.

11. In the matter in column 2 relating to the Conciliation and Arbitration Act 1904-1972, as amended by the Conciliation and Arbitration Act 1973—

(a) before “Section 138”, insert—

“Section 133—

Omit from sub-section (3) ‘of this section’ (last occurring).”;

(b) before “Section 165a”, insert—

“Section 159—

Omit from sub-section (4) ‘section one hundred and seventy of this Act’ (wherever occurring), insert ‘section 170’.

Omit from sub-paragraph (4)(c)(i) ‘section one hundred and sixty-two a of this Act’, insert ‘section 162a’.

Omit from sub-paragraph (4)(c)(ii) ‘section one hundred and sixty-five of this Act’, insert ‘section 165’.

Omit from sub-section (5) ‘of this sub-section’ (wherever occurring).

Omit from sub-section (6) ‘section one hundred and sixty-five a of this Act’, insert ‘section 165a’.

Omit from sub-section (6) ‘section one hundred and sixty-eight of this Act’, insert ‘section 168’.”; and

(c) after—

“Section 181—

Repeal.”,

insert—

“Section 188—

Before ‘a memorandum’ in sub-section (2) insert ‘includes’.”.

12. From the matter in column 2 relating to the Currency Act 1965-1969 omit “subsection (1)”, insert “sub-section (4)”.

13. In the matter in column 2 relating to the Defence (Re-establishment) Act 1965-1968, as amended by the Defence (Re-establishment) Act 1973, before “Section 33”, insert—

“Section 30—

Omit from sub-section (4) ‘sub-section (1)’, insert ‘sub-section (2)’.”.

14. In the matter in column 2 relating to the Extradition (Commonwealth Countries) Act

1966-1972, as amended by the Extradition (Commonwealth Countries) Act 1973, before—

“Omit the definition of ‘Territory’ in sub-section (1). ”,

insert—

“Section 4—”.

15. At the end of the matter in column 2 relating to the Extradition (Commonwealth Countries) Act 1973 add—

“Section 23—

From the table omit ‘Section 25(1)’, insert ‘Section 25’.”.

16. In the matter in column 2 relating to the Extradition (Foreign States) Act 1966-1972, as amended by the Extradition (Foreign States) Act 1973, before—

“Omit the definition of ‘Territory ’ in sub-section (1).”,

insert “Section 4—”.

17. Before—

“Housing Agreement Act 1961 Section 5—”

18. In the matter in column 2 relating to the Income Tax Assessment Act 1936-1972, as amended by the Income Tax Assessment Act 1973, by the Income Tax Assessment Act (No. 2) 1973, by the Income Tax Assessment Act (No. 3) 1973, by the Income Tax Assessment Act (No. 4) 1973 and by the Income Tax Assessment Act (No. 5) 1973—

(a) before “Section 36”, insert—

“Section 26ba—

After ‘operation’ in sub-paragraph (2)(b)(iii) insert ‘of this section’.”;

(b) before “Section 135 ”, insert—

“Section 128m—

Omit from paragraph (a) ‘section’, insert ‘sections’.”; and

(c) after—

“Section 170—

Omit from sub-section (10) ‘sub-section (7) of section 53a, sub-section (3) of section 53b, section 53c,’.”

insert—

“Omit from sub-section (10) ‘section 77e’.

After ‘section 77d,’ in sub-section (10) insert ‘section 77e,’.”.

19. Before—

22. In the matter in column 2 relating to the Life Insurance Act 1945-1965, as amended by the Life Insurance Act 1973—

(a) before “Section 118”, insert—

“Section 42b—

Omit from sub-section (1) ‘Income Tax and Social Services Contribution Assessment Act 1936-1961’, insert ‘Income Tax Assessment Act 1936-1973’.

Section 56—

Omit from sub-sections (2) and (3) ‘Fifty pounds’, insert ‘$100’.

Section 57—

Omit ‘One hundred pounds or imprisonment for six months’, insert ‘$200 or imprisonment for 6 months’.

Section 92—

Omit from sub-section (1) and (2) 'Bankruptcy Act 1924-1933’, insert ‘Bankruptcy Act 1966-1973’.

Section 94—

Omit from sub-section (1) ‘Bankruptcy Act 1924-1933’, insert ‘Bankruptcy Act 1966-1973’.

Section 103—

Omit from sub-section (1) ‘One thousand pounds’ (wherever occurring), insert ‘$2,000’.

Section 103a—

Omit from sub-section (4) ‘Four hundred pounds’ (wherever occurring), insert ‘$800’.

Section 106—

Omit from sub-section (8) ‘Ten pounds’, insert ‘$20’.

Omit from sub-section (9) ‘One hundred pounds’, insert ‘$200’.

Section 108—

From the definition of ‘repayment of premiums’ omit ‘Four pounds per centum’, insert ‘4 per centum’.

Section 112—

Omit ‘ Fifty pounds ’, insert ‘$100’.”; and

(b) before “Section 127”, insert—

“Section 119—

Omit from sub-section (4) ‘Five hundred pounds’, insert ‘$1,000 ’.

Section 125—

Omit ‘Fifty pounds or imprisonment for three months’, insert ‘$100 or imprisonment for 3 months’.”.

23. From the matter in column 2 relating to the Life Insurance Act 1945-1965, as amended by the Life Insurance Act 1973—

(a) omit all the words from and including “Section 4” to but not including “Section 6”, insert—

“Section 4—

From paragraph (a) of the definition of ‘approved securities’ omit ‘King’s dominions’, insert ‘dominions of the Crown’.

From the definition of ‘Australia’ omit ‘of the Commonwealth’.

From the definition of ‘Commonwealth securities’ omit ‘Income Tax and Social Services Contribution Assessment Act 1936-1961 ’, insert ‘Income Tax Assessment 1936-1973 ’.

From the definition of ‘public securities’ omit ‘Income Tax and Social Services Contribution Assessment Act 1936-1961’, insert ‘Income Tax Assessment Act 1936-1973’.

Omit the definition of ‘Territory’.

From the definition of ‘war service’ omit ‘King’s dominions’, insert ‘dominions of the Crown’.”; and

(b) omit all the words from and including “Section 26” to but not including “Section 31”, insert—

“Section 27—

Omit ‘Fifty thousand pounds’, insert ‘$100,000’.

Section 28—

Omit from sub-section (1) ‘Five thousand pounds ’, insert ‘$10,000’.

Omit from sub-section (2) ‘Five thousand pounds’, insert ‘$10,000’.

Omit from sub-section (2) ‘Fifty thousand pounds’ (wherever occurring), insert ‘$100,000’.

Omit from sub-section (2) ‘One thousand pounds ’, insert ‘$2,000’.”.

24. At the end of the matter in column 2 relating to the Life Insurance Act 1945-1965, as amended by the Life Insurance Act 1973, add—

“Section 144—

Omit from sub-section (2) ‘British dominions’, insert ‘dominions of the Crown’.

Omit from sub-section (2) ‘Board of Trade in England’, insert ‘Department of Trade and Industry in and of the United Kingdom’.

Section 149—

Omit ‘One thousand pounds’, insert‘$2,000’.

Omit ‘One hundred pounds’, insert ‘$200’.

Omit ‘six’, insert ‘6’.

Section 150—

Omit from paragraph (c) ‘Fifty pounds’, insert ‘$100’.

First Schedule—

Omit ‘£’ (wherever occurring), insert ‘$’.

Second Schedule—

Under the headings to columns 3 to 10 of Form I in Part III insert ‘$’.

Omit from Form J in Part III ‘£’ (wherever occurring), insert ‘$’.

Fourth Schedule—

Omit rule (2), insert the following rule:—

‘(2) The rate of interest used shall be an assumed rate of 3.5 per centum per annum. ’.

Sixth Schedule—

From paragraph (a) of rule 5 in Part I omit ‘Four pounds per centum’, insert ‘4 per centum’.

From paragraph (a) of rule 2 in Part II omit ‘Four and one-half pounds per centum’, insert ‘4.5 per centum’.

Seventh Schedule—

Repeal, insert the following Schedule:—

‘SEVENTH SCHEDULE Sections 109, 111 and 112

Amount payable in case of death of child between ages—

25. From the matter in column 2 relating to the Lighthouses Act 1911-1972 omit—

“PART II—LIGHTHOUSES AND MARINE MARKS”,

insert—

“PART II—MARINE NAVIGATIONAL AIDS”.

26. From column 1 omit “Loan (Short-term Borrowings) Act 1959”, insert “Loan (Short-term Borrowings) Act 1959-1966”.

27. From the matter in column 2 relating to the Navigation Act 1912-1972—

(a) omit—

“Section 147—

Omit ‘Territory of the Commonwealth’, insert ‘Territory’.”.

insert—

“Section 147—

Omit ‘Territory of the Commonwealth’, insert ‘Territory’.

Section 207—

Omit sub-section (2), insert the following sub-section:—

‘(2) Where—

(a) it is proposed to take a Safety Convention ship to sea on a voyage from a port in Australia; and

(b) there is in force in respect of the ship the certificate or certificates that may be required to be produced under sub-section (2) of section two hundred and six w of this Act in respect of the voyage,

the ship shall, for the purposes of this Act, be deemed to be seaworthy in relation to that voyage with respect to the condition of the ship and its equipment unless the condition of the ship or of its equipment does not correspond substantially with the particulars of that certificate or of any of those certificates.’. ; and

(b) omit all the words from and including “Section 329d” to but not including “Section 329l”, insert—

“Section 329d—

Omit from the definition of ‘Australian coastal waters’ in sub-section (1) ‘Territory not forming part of the Commonwealth’, insert ‘external Territory’.

After the definition of ‘continental shelf’ in sub-section (1) insert the following definition:—

‘“external Territory” means an external Territory other than Papua New Guinea;’.

Omit the definition of ‘Territory’ in sub-section (1).

Omit from the definition of ‘the Australian coast’ in sub-section (1) ‘Territory not forming part of the Commonwealth’, insert ‘external Territory’.”.

28. In the matter in column 2 relating to the Norfolk Island Act 1957-1969—

(a) before “Section 12”, insert—

“Section 7—

Omit ‘Great Seal of the Commonwealth’, insert ‘Great Seal of Australia’.”; and

(b) before “Section 32”, insert—

“Section 21—

Omit ‘of the Commonwealth’.”.

29. At the end of the matter in column 2 relating to the Northern Territory (Administration) Act 1910-1972, as amended by the Northern Territory (Administration) Act 1973, add—

“Section 21 —

Omit from paragraph (3)(b) ‘or’.

Omit from paragraph (3)(c) ‘and’, insert ‘or’.”.

30. From the matter in column 2 relating to the Officers’ Rights Declaration Act 1928-1969—

(a) omit “Australian Industry Development Corporation Act 1970”, insert “Australian Industry Development Corporation Act 1970-1973”;

(b) omit “Honey Industry Act 1962-1972”, insert “Honey Industry Act 1962-1973”; and

(c) omit “Industrial Research and Development Grants Act 1967-1972”, insert “Industrial Research and Development Grants Act 1967-1973”.

31. From the matter in column 2 relating to the Overseas Telecommunications Act 1946-1971 omit “Section 4—”, insert “Section 3—”.

32. From the matter in column 2 relating to the Papua New Guinea Act 1949-1972, as amended by the Papua New Guinea Act 1973 and by the Papua New Guinea Act (No. 2) 1973, omit “paragraph (10)(b) ”, insert “paragraph (2)(b) ”.

33. From the matter in column 2 relating to the Patents Act 1952-1969 omit all the words from and including the words “Section 47” to but not including the words “Section 100”, insert—

“Section 47—

Omit ‘the date fixed under sub-section (2) of section two of the Patents Act 1969’, insert ‘1 January 1960’.

Section 47a—

Omit from sub-section (1) ‘the date fixed under sub-section (2) of section two of the Patents Act 1969’, insert ‘1 January 1960’.

Section 47b—

Omit from sub-section (1) ‘the date fixed under sub-section (2) of section two of the Patents Act 1969’, insert‘1 January 1960’.

Section 47c—

Omit from paragraph (a) ‘the date fixed under sub-section (2) of section two of the Patents Act 1969 , insert‘1 January 1960’.”.

34. In the matter in column 2 relating to the Petroleum (Submerged Lands) Act 1968, as amended by the Petroleum (Submerged Lands) Act 1973, after—

“Section 5—

Omit from the definition of ‘Territory ’ in sub-section (1) ‘of the Commonwealth’. ”, insert—

“Omit from the definition of ‘the Convention’ in sub-section (1) ‘the First Schedule to this Act’, insert ‘Schedule 1’.”.

35. At the end of the matter in column 2 relating to the Petroleum (Submerged Lands) Act 1968, as amended by the Petroleum (Submerged Lands) Act 1973, add—

“Section 72—

Omit from sub-section (6) ‘the Second Schedule to this Act’, insert ‘Schedule 2’.

Section 92—

Omit ‘the Second Schedule to this Act’, insert ‘Schedule 2’.

Section 118—

Omit from sub-section (5) ‘of this section’.

Section 130—

Omit from sub-section (1) ‘the Second Schedule to this Act’, insert ‘Schedule 2’.

Section 132—

Omit from sub-section (8) ‘the Second Schedule to this Act’, insert ‘Schedule 2’.

36. In the matter in column 2 relating to the Quarantine Act 1908-1969—

(a) before “Section 31”, insert—

“Section 13—

Omit from paragraph (1) (d) ‘pest disease’, insert ‘pest, disease’.”; and

(b) after—

“Section 35aa—

Omit from paragraph (2)(a) ‘of the Commonwealth’.”,

insert—

“Section 55a—

Omit from sub-paragraph (2)(b)(i) ‘overseas’, insert ‘oversea’.”.

37. In the matter in column 2 relating to the River Murray Waters Act 1915-1970, before “Section 18”, insert—

“Section 7—

Omit from sub-section (2) ‘Commonwealth Gazette’, insert ‘Gazette’”.

38. Before—

39. In the matter in column 2 relating to the Service and Execution of Process Act, 1901-1968, after—

“Section 1a—

Repeal.”,

insert—

“Section 2—”.

40. In the matter in column 2 relating to the States Receipts Duties (Administration) Act 1970, before “Section 85 ”, insert—

“Section 80—

Omit from paragraph (1)(c) ‘the’ (first occurring).”.

41. In the matter in column 2 relating to the War Service Homes Act 1918-1971, as amended by the Defence Service Homes Act 1973, after—

“Section 17b—

Omit from sub-section (1) ‘of the Commonwealth’.”,

insert—

“After ‘purposes’ in sub-section (2) insert ‘of this Act’.”.

42. From the matter in column 2 relating to the War Service Homes Act 1918-1971, as amended by the Defence Service Homes Act 1973, omit all the words after “The Schedule—”, insert—

“Omit ‘Minister of State administering the Defence Service Homes Act 1918-1973’, insert ‘Minister of State for Housing and Construction’.”.

43. In the matter in column 2 relating to the Wheat Industry Stabilization Act 1968-1970, as amended by the Wheat Industry Stabilization Act 1973, before “Section 15”, insert—

“Section 13—

Omit from sub-section (1) ‘of the Commonwealth’.”.

44. At the end of the matter in column 2 relating to the Wheat Industry Stabilization Act 1973, add—

“Schedule—

From column 1 of the table in item 2 omit ‘Section 23(1)’, insert ‘Section 23(2)’.”.

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SCHEDULE 2 Section 4

AMENDMENTS OF SCHEDULE 2 TO THE PRINCIPAL ACT

7. Omit from column 2 “Repatriation (Far East Strategic Reserve) Act 1956-1973”, insert “Repatriation (Far East Strategic Reserve) Act 1956-1973”.

________

SCHEDULE 3 Section 5

AMENDMENTS OF SCHEDULE 3 TO THE PRINCIPAL ACT

1. Omit from column 1 of Part 1“ Supply Act (No. 1) 1967-78”, insert “ Supply Act (No. 1) 1967-68”.

2. Omit from column 1 of Part II “Appropriation (Works and Services) Act (No. 2) 1954-57”, insert “Appropriation (Works and Services) Act (No. 2) 1956-57”.

3. Omit from Part VII—

4. Omit from column 1 of Part VII “Flax Industry Repeal Act 1960”, insert “Flax Industry Act Repeal Act 1960”.