1999

THE PARLIAMENT OF THE COMMONWEALTH
OF AUSTRALIA

SENATE

STATUTE STOCKTAKE BILL 1999

EXPLANATORY MEMORANDUM

(Circulated by authority of the
Attorney-General
the Honourable Daryl Williams AM QC MP)

THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE HOUSE OF REPRESENTATIVES TO THE BILL AS INTRODUCED

ISBN:  0642 40562X

STATUTE STOCKTAKE BILL 1999
OUTLINE
I.	The main purpose of this Bill is to repeal Acts that no longer have any operation.
II.	The Bill also:
A.	makes some savings provisions to ensure that the repeals do not have any adverse effects; and
B.	makes amendments of other Acts consequential on the repeals.
III.	The repeals, savings provisions and amendments are not intended to affect the practical operation of the law.
FINANCIAL IMPACT
IV.	The Bill will have no financial impact.

NOTES ON CLAUSES
Clause 1—Short title
V.	Clause 1 provides for the Act to be cited as the Statute Stocktake Act 1999.
Clause 2—Commencement
VI.	Clause 2 provides for the Act to commence on the day on which it receives the Royal Assent.
Clause 3—Schedule(s)
VII.	Clause 3 provides that the Acts specified in the Schedules to the Bill are amended or repealed as set out in those Schedules. The repeal of an Act does not affect any amendment made by the repealed Act.
Clause 4—Repeal of Merchant Shipping Act, 1894 (Imperial)
VIII.	Clause 4 repeals the Merchant Shipping Act, 1894 (Imperial).  This Act is no longer operative in Australia.
Schedule 1—Acts repealed
IX.	Part 1 of Schedule 1 repeals 95 Acts that have no current or future operation.
X.	Part 2 of that Schedule makes saving provisions to ensure that the repeal of certain Acts does not have an adverse impact on the Commonwealth. In doing so, it does not infringe rights that anyone else has now.
Schedule 2—Amendment of other Acts consequential on repeal
XI.	Each Part of Schedule 2 contains amendments of Acts consequential on the repeal of the legislation described in the Part heading.
XII.	Generally these amendments have the effect of omitting references in the amended Acts to the repealed Acts. In some cases, the amendments ensure that the amended Act continues to operate in the same way despite the repeal of a definition in a repealed Act.
XIII.	Some Parts of Schedule 2 also contain application and savings provisions relating to the amendments.