Commonwealth: Statute Stocktake Act 1999 (Cth)

Statute Stocktake Act 1999 No. 118, 1999 Statute Stocktake Act 1999 No. 118, 1999 An Act to repeal redundant Acts, to make consequential amendments, and for related purposes Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. 4 Repeal of Merchant Shipping Act, 1894 (Imperial)........... Schedule 1—Acts repealed Part 1—Repeal Advisory Council for Inter‑government Relations Act 1976 Airline Equipment (Loan Guarantee) Act 1972 Airline Equipment (Loan Guarantee) Act 1974 Airline Equipment (Loan Guarantee) Act 1976 Airline Equipment (Loan Guarantee) Act 1977 Airline Equipment (Loan Guarantee) Act 1978 Airline Equipment (Loan Guarantee) Act (No. 2) 1978 Airline Equipment (Loan Guarantee) Act 1980 Airlines Agreement (Termination) Act 1990 Airlines Equipment (Loan Guarantee) Act 1981 Apple and Pear Export Charge Act 1976 Apple and Pear Levy Act 1976 Appropriation (Urban Public Transport) Act 1974 Appropriation (Urban Public Transport) Act 1976 Appropriation (Urban Public Transport) Act 1977 Australian Bicentennial Authority Act 1980 Australian Bicentennial Road Development Trust Fund Act 1982 Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 Australian Land Transport (Financial Assistance) Act 1985 Australian Space Council Act 1994 Canned Fruit Excise Act Repeal Act 1968 Commonwealth Legal Aid Act 1977 Companies (Acquisition of Shares—Fees) Act 1980 Companies (Fees) Act 1981 Customs Tariff (Rate Alteration) Act 1988 Dairying Industry Research and Promotion Levy Collection Act 1972 Dairying Industry Research and Promotion Levy Collection Act 1978 Defence (Transitional Provisions) Act 1946 Defence Transition (Residual Provisions) Act 1952 Diesel Fuel Tax Act (No. 1) 1957 Diesel Fuel Tax Act (No. 2) 1957 Diesel Fuel Taxation (Administration) Act 1957 Dried Sultana Production Underwriting Act 1982 Dried Vine Fruits Equalization Levy Act 1978 Dried Vine Fruits Stabilization Legislation Repeal Act 1981 Environment (Financial Assistance) Act 1977 Estate Duty Act 1914 Estate Duty Assessment Act 1914 Estate Duty Convention (United States of America) Act 1953 Exotic Animal Disease Control Act 1989 Futures Industry (Fees) Act 1986 Gift Duty Act 1941 Gift Duty Assessment Act 1941 Gift Duty Convention (United States of America) Act 1953 Horticultural Policy Council Act 1987 King Island Harbour Agreement Act 1973 King Island Shipping Service Agreement Act 1974 Matrimonial Causes Act 1971 National Roads Act 1974 New South Wales Grant (Chrysotile Corporation) Act 1978 Overseas Students Charge Act 1979 Overseas Students Charge Collection Act 1979 Overseas Students (Instalment Payments) Charge Act 1989 Overseas Students (Refunds) Act 1990 Overseas Students Tuition Assurance Levy Act 1993 Patents, Trade Marks, Designs and Copyright Act 1939 Petroleum Search Subsidy Act 1959 Queensland Beef Cattle Roads Agreement Act 1962 Re‑establishment and Employment Act 1945 Roads Grants Act 1974 Securities Industry (Fees) Act 1980 States Grants (Beef Cattle Roads) Act 1968 States Grants (Hospital Operating Costs) Act 1976 States Grants (Nature Conservation) Act 1974 States Grants (Roads Interim Assistance) Act 1977 States Grants (Schools Assistance) Act 1976 States Grants (Schools Assistance) Act 1977 States Grants (Schools Assistance) Act 1978 States Grants (Schools Assistance) Act 1979 States Grants (Schools Assistance) Act 1980 States Grants (Schools Assistance) Act 1981 States Grants (Schools Assistance) Act 1982 States Grants (Schools Assistance) Act 1983 States Grants (Schools Assistance) Act 1984 States Grants (Schools Assistance) Act 1988 States Grants (TAFE Assistance) Act 1989 States Grants (Tertiary Education Assistance) Act 1977 States Grants (Tertiary Education Assistance) Act 1978 States Grants (Tertiary Education Assistance) Act 1981 States Grants (Tertiary Education Assistance) Act 1984 Steel Industry Authority Act 1983 Stevedoring Industry Charge Act 1947 Stevedoring Industry Charge Assessment Act 1947 Structural Adjustment (Loan Guarantees) Act 1974 Taxation (Unpaid Company Tax) Assessment Act 1982 Taxation (Unpaid Company Tax—Promoters) Act 1982 Taxation (Unpaid Company Tax—Vendors) Act 1982 Telecommunications (Interception—Carriers) Act 1992 Temple Society Trust Fund Act 1949 Textiles, Clothing and Footwear Development Authority Act 1988 Transport (Planning and Research) Act 1974 Transport Planning and Research (Financial Assistance) Act 1977 Tuberculosis Act 1948 Urban Public Transport (Research and Planning) Act 1974 Weipa Development Agreement Act 1965 Part 2—Saving provisions Schedule 2—Amendment of other Acts consequential on repeal Part 1—Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985 Australian Land Transport Development Act 1988 Part 2—Amendment relating to the Commonwealth Legal Aid Act 1977 National Crime Authority Act 1984 Public Service Act 1922 Superannuation Act 1976 Part 3—Amendment relating to companies, futures and securities legislation ANL Act 1956 Australian Industry Development Corporation Act 1970 Commonwealth Banks Restructuring Act 1990 Commonwealth Serum Laboratories Act 1961 Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 Snowy Mountains Engineering Corporation Act 1970 Part 4—Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952 Trans‑Tasman Mutual Recognition Act 1997 Veterans' Entitlements Act 1986 Part 5—Amendment relating to primary industry levies and charges Primary Industries Levies and Charges Collection Act 1991 Part 6—Amendment relating to other tax legislation Administrative Decisions (Judicial Review) Act 1977 Commonwealth Inscribed Stock Act 1911 Freedom of Information Act 1982 Income Tax Assessment Act 1936 Taxation Administration Act 1953 Taxation (Interest on Overpayments and Early Payments) Act 1983 Part 7—Amendment relating to the Matrimonial Causes Act 1971 Family Law Act 1975 Part 8—Amendment relating to the States Grants (Roads Interim Assistance) Act 1977 States Grants (Roads) Act 1977 Part 9—Amendment relating to the Tuberculosis Act 1948 Aged or Disabled Persons Care Act 1954 National Health Act 1953 Nursing Homes Assistance Act 1974 Part 10—Amendment relating to the Re‑establishment and Employment Act 1945 Income Tax Assessment Act 1936 Public Service Act 1922 Tradesmen's Rights Regulation Act 1946 Part 11—Amendment relating to the Merchant Shipping Act, 1894 (Imperial) Navigation Act 1912 Statute Stocktake Act 1999 No. 118, 1999 An Act to repeal redundant Acts, to make consequential amendments, and for related purposes [Assented to 22 September 1999] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Statute Stocktake Act 1999. 2 Commencement (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent. (2) However, if on that day the Taxation Administration Act 1953 does not contain a section 8AAB, the amendment of that Act by Part 6 of Schedule 2 to this Act does not commence until immediately after that section is inserted in that Act. 3 Schedule(s) (1) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. (2) The repeal of an Act by this section does not affect the operation of any amendment of another Act made by the repealed Act. 4 Repeal of Merchant Shipping Act, 1894 (Imperial) (1) So far as the Imperial Act known as the Merchant Shipping Act, 1894 (as amended or affected by any other Imperial Act or Act of the Commonwealth) forms part of the law of the Commonwealth or of an external Territory, it is repealed. (2) Section 8 of the Acts Interpretation Act 1901 applies in relation to the repeal as if the Imperial Act had been an Act of the Parliament. Schedule 1—Acts repealed Part 1—Repeal 1 Repeal of Acts The Acts specified in this Part are repealed. Advisory Council for Inter‑government Relations Act 1976 Airline Equipment (Loan Guarantee) Act 1972 Airline Equipment (Loan Guarantee) Act 1974 Airline Equipment (Loan Guarantee) Act 1976 Airline Equipment (Loan Guarantee) Act 1977 Airline Equipment (Loan Guarantee) Act 1978 Airline Equipment (Loan Guarantee) Act (No. 2) 1978 Airline Equipment (Loan Guarantee) Act 1980 Airlines Agreement (Termination) Act 1990 Airlines Equipment (Loan Guarantee) Act 1981 Apple and Pear Export Charge Act 1976 Apple and Pear Levy Act 1976 Appropriation (Urban Public Transport) Act 1974 Appropriation (Urban Public Transport) Act 1976 Appropriation (Urban Public Transport) Act 1977 Australian Bicentennial Authority Act 1980 Australian Bicentennial Road Development Trust Fund Act 1982 Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 Australian Land Transport (Financial Assistance) Act 1985 Australian Space Council Act 1994 Canned Fruit Excise Act Repeal Act 1968 Commonwealth Legal Aid Act 1977 Companies (Acquisition of Shares—Fees) Act 1980 Companies (Fees) Act 1981 Customs Tariff (Rate Alteration) Act 1988 Dairying Industry Research and Promotion Levy Collection Act 1972 Dairying Industry Research and Promotion Levy Collection Act 1978 Defence (Transitional Provisions) Act 1946 Defence Transition (Residual Provisions) Act 1952 Diesel Fuel Tax Act (No. 1) 1957 Diesel Fuel Tax Act (No. 2) 1957 Diesel Fuel Taxation (Administration) Act 1957 Dried Sultana Production Underwriting Act 1982 Dried Vine Fruits Equalization Levy Act 1978 Dried Vine Fruits Stabilization Legislation Repeal Act 1981 Environment (Financial Assistance) Act 1977 Estate Duty Act 1914 Estate Duty Assessment Act 1914 Estate Duty Convention (United States of America) Act 1953 Exotic Animal Disease Control Act 1989 Futures Industry (Fees) Act 1986 Gift Duty Act 1941 Gift Duty Assessment Act 1941 Gift Duty Convention (United States of America) Act 1953 Horticultural Policy Council Act 1987 King Island Harbour Agreement Act 1973 King Island Shipping Service Agreement Act 1974 Matrimonial Causes Act 1971 National Roads Act 1974 New South Wales Grant (Chrysotile Corporation) Act 1978 Overseas Students Charge Act 1979 Overseas Students Charge Collection Act 1979 Overseas Students (Instalment Payments) Charge Act 1989 Overseas Students (Refunds) Act 1990 Overseas Students Tuition Assurance Levy Act 1993 Patents, Trade Marks, Designs and Copyright Act 1939 Petroleum Search Subsidy Act 1959 Queensland Beef Cattle Roads Agreement Act 1962 Re‑establishment and Employment Act 1945 Roads Grants Act 1974 Securities Industry (Fees) Act 1980 States Grants (Beef Cattle Roads) Act 1968 States Grants (Hospital Operating Costs) Act 1976 States Grants (Nature Conservation) Act 1974 States Grants (Roads Interim Assistance) Act 1977 States Grants (Schools Assistance) Act 1976 States Grants (Schools Assistance) Act 1977 States Grants (Schools Assistance) Act 1978 States Grants (Schools Assistance) Act 1979 States Grants (Schools Assistance) Act 1980 States Grants (Schools Assistance) Act 1981 States Grants (Schools Assistance) Act 1982 States Grants (Schools Assistance) Act 1983 States Grants (Schools Assistance) Act 1984 States Grants (Schools Assistance) Act 1988 States Grants (TAFE Assistance) Act 1989 States Grants (Tertiary Education Assistance) Act 1977 States Grants (Tertiary Education Assistance) Act 1978 States Grants (Tertiary Education Assistance) Act 1981 States Grants (Tertiary Education Assistance) Act 1984 Steel Industry Authority Act 1983 Stevedoring Industry Charge Act 1947 Stevedoring Industry Charge Assessment Act 1947 Structural Adjustment (Loan Guarantees) Act 1974 Taxation (Unpaid Company Tax) Assessment Act 1982 Taxation (Unpaid Company Tax—Promoters) Act 1982 Taxation (Unpaid Company Tax—Vendors) Act 1982 Telecommunications (Interception—Carriers) Act 1992 Temple Society Trust Fund Act 1949 Textiles, Clothing and Footwear Development Authority Act 1988 Transport (Planning and Research) Act 1974 Transport Planning and Research (Financial Assistance) Act 1977 Tuberculosis Act 1948 Urban Public Transport (Research and Planning) Act 1974 Weipa Development Agreement Act 1965 Part 2—Saving provisions 2 Saving for the Commonwealth Legal Aid Act 1977 The repeal of the Commonwealth Legal Aid Act 1977 does not affect an obligation to pay money under an arrangement made under section 21 of that Act. 3 Saving for the Environment (Financial Assistance) Act 1977 Despite the repeal of the Environment (Financial Assistance) Act 1977, a State must repay to the Commonwealth any amount the State would have been obliged to repay if that Act had not been repealed and had continued to be administered by the Minister for the Environment. 4 Saving for the States Grants (Nature Conservation) Act 1974 Despite the repeal of the States Grants (Nature Conservation) Act 1974, a State must repay to the Commonwealth any amount the State would have been obliged to repay if that Act had not been repealed. 5 Saving for States Grants (Schools Assistance) Acts Despite the repeal of: (a) the States Grants (Schools Assistance) Act 1978; and (b) the States Grants (Schools Assistance) Act 1979; and (c) the States Grants (Schools Assistance) Act 1980; and (d) the States Grants (Schools Assistance) Act 1981; and (e) the States Grants (Schools Assistance) Act 1982; and (f) the States Grants (Schools Assistance) Act 1983; and (g) the States Grants (Schools Assistance) Act 1984; and (h) the States Grants (Schools Assistance) Act 1988; the conditions to which grants under those Acts were subject, and any obligation to repay money to the Commonwealth arising from a failure to meet those conditions, apply as if the Acts had not been repealed. 6 Saving for the Temple Society Trust Fund Act 1949 Despite the repeal of section 7 of the Temple Society Trust Fund Act 1949, neither the Commonwealth nor any Minister who administered that Act are liable in connection with anything done or omitted to be done in relation to the Fund established by that Act or in relation to any payment of money under that Act. Schedule 2—Amendment of other Acts consequential on repeal Part 1—Amendment relating to the Australian Bicentennial Road Development Trust Fund Act 1982 and the Australian Land Transport (Financial Assistance) Act 1985 Australian Land Transport Development Act 1988 1 Section 33 Repeal the section, substitute: 33 Deduction of amounts repayable The Minister may deduct from an amount payable out of the Reserve to a State, authority or organisation any amount repayable by the State, authority or organisation under this Act. 2 Section 40 Repeal the section. 3 Schedule 1 Repeal the Schedule. Part 2—Amendment relating to the Commonwealth Legal Aid Act 1977 National Crime Authority Act 1984 4 Subsection 29B(7) (paragraph (a) of the definition of legal aid officer) Repeal the paragraph, substitute: (a) a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes including the provision of legal assistance; or Public Service Act 1922 5 After subsection 87(6) Insert: (6AA) Subsection (6) continues to apply despite the repeal of the Commonwealth Legal Aid Act 1977 as if: (a) section 3 and Part IV of that Act had not been repealed; and (b) any arrangement under subsection 21(1) of that Act that ceased to be in force only because of that repeal had not ceased to be in force because of that repeal. Superannuation Act 1976 6 After section 3 Insert: 3AA Operation despite repeal of Commonwealth Legal Aid Act 1977 This Act continues to apply despite the repeal of the Commonwealth Legal Aid Act 1977 as if: (a) section 3 and Part IV of that Act had not been repealed; and (b) any arrangement under subsection 21(1) of that Act that ceased to be in force only because of that repeal had not ceased to be in force because of that repeal. Part 3—Amendment relating to companies, futures and securities legislation ANL Act 1956 7 Section 61 (paragraph (c) of the definition of tax) Repeal the paragraph. Australian Industry Development Corporation Act 1970 8 Subsection 29X(2) (paragraph (c) of the definition of tax) Repeal the paragraph. Commonwealth Banks Restructuring Act 1990 9 Subsection 77(4) (paragraph (c) of the definition of tax) Repeal the paragraph. Commonwealth Serum Laboratories Act 1961 10 Section 31 (paragraph (c) of the definition of tax) Repeal the paragraph. Companies and Securities (Interpretation and Miscellaneous Provisions) Act 1980 11 Paragraph 3(1)(d) Repeal the paragraph. 12 Paragraph 3(1)(f) Omit ", (d)". Snowy Mountains Engineering Corporation Act 1970 13 Section 39M (paragraph (c) of the definition of tax) Repeal the paragraph. Part 4—Amendment relating to the Defence (Transitional Provisions) Act 1946 and the Defence Transition (Residual Provisions) Act 1952 Trans‑Tasman Mutual Recognition Act 1997 14 Clause 3 of Schedule 1 Omit: Defence (Transitional Provisions) Act 1946 of the Commonwealth Defence Transition (Residual Provisions) Act 1952 of the Commonwealth Veterans' Entitlements Act 1986 15 Subsection 5E(1) (subparagraph (b)(iii) of the definition of war widow) Repeal the subparagraph. Part 5—Amendment relating to primary industry levies and charges Primary Industries Levies and Charges Collection Act 1991 16 Subsection 28(9) (paragraph (c) of the definition of relevant decision) Repeal the paragraph. Part 6—Amendment relating to other tax legislation Administrative Decisions (Judicial Review) Act 1977 17 Paragraph (e) of Schedule 1 Omit "Estate Duty Assessment Act 1914". 18 Paragraph (e) of Schedule 1 Omit "Gift Duty Assessment Act 1941". 19 Paragraph (e) of Schedule 1 Omit "Taxation (Unpaid Company Tax) Assessment Act 1982". 20 Saving provision The amendments made by items 17, 18 and 19 do not allow a decision made under the Estate Duty Assessment Act 1914, the Gift Duty Assessment Act 1941 or the Taxation (Unpaid Company Tax) Assessment Act 1982 to be reviewed under the Administrative Decisions (Judicial Review) Act 1977. Commonwealth Inscribed Stock Act 1911 21 Section 52C Repeal the section. Freedom of Information Act 1982 22 Schedule 3 Omit "Gift Duty Assessment Act 1941, subsections 10(2) and (5)". 23 Schedule 3 Omit "Stevedoring Industry Charge Assessment Act 1947, subsections 10(2) and (5)". Income Tax Assessment Act 1936 24 Subsection 78B(7) Omit "are" (second and third occurring), substitute "were". Taxation Administration Act 1953 25 Subsection 8AAB(5) (table item 18) Repeal the item. 26 Paragraphs 8J(2)(h) and (j) Repeal the paragraphs. 27 Paragraph 8J(2)(k) Omit "the Taxation (Unpaid Company Tax) Assessment Act 1982 or of". 28 Subsection 13J(6) Repeal the subsection. Taxation (Interest on Overpayments and Early Payments) Act 1983 29 Subsection 3(1) (paragraphs (d) and (e) of the definition of relevant tax) Repeal the paragraphs. 30 Subsection 3(1) (paragraph (h) of the definition of relevant tax) Repeal the paragraph. 31 Subsection 3(1) (paragraph (j) of the definition of relevant tax) Repeal the paragraph. 32 Subparagraph 12(1)(a)(ii) Omit ", (h), (j)". 33 Saving provision The amendment made by item 32 does not cause a person to become entitled to interest. Part 7—Amendment relating to the Matrimonial Causes Act 1971 Family Law Act 1975 34 Subsection 3(3) Omit "applies", substitute "applied". Part 8—Amendment relating to the States Grants (Roads Interim Assistance) Act 1977 States Grants (Roads) Act 1977 35 Subsection 35(4) Repeal the subsection. Part 9—Amendment relating to the Tuberculosis Act 1948 Aged or Disabled Persons Care Act 1954 36 Subsection 2(1) (sub‑subparagraph (d)(ii)(D) of the definition of eligible person) Omit "State; or", substitute "State.". 37 Subsection 2(1) (sub‑subparagraph (d)(ii)(E) of the definition of eligible person) Repeal the sub‑subparagraph. 38 Application The amendments made by items 36 and 37 apply only for the purpose of working out whether someone is an eligible person at a time after the commencement of this item. 39 Subsection 2(1) (paragraph (e) of the definition of hostel) Omit "State; or", substitute "State.". 40 Subsection 2(1) (paragraph (f) of the definition of hostel) Repeal the paragraph. 41 Application The amendments made by items 39 and 40 apply only for the purpose of working out whether premises are a hostel at a time after the commencement of this item. National Health Act 1953 42 Subsection 4(1) (paragraph (d) of the definition of nursing home) Omit "or" (last occurring). 43 Subsection 4(1) (paragraph (e) of the definition of nursing home) Repeal the paragraph. 44 Application The amendments made by items 42 and 43 apply only for the purpose of working out whether premises are a nursing home at a time after the commencement of this item. 45 Subsection 4(1) (paragraph (ba) of the definition of pensioner) Omit "or" (last occurring). 46 Subsection 4(1) (paragraph (c) of the definition of pensioner) Repeal the paragraph. Nursing Homes Assistance Act 1974 47 Subsection 3(3A) Repeal the subsection. 48 Application The amendment made by item 47 applies only for the purpose of working out whether premises are a nursing home at a time after the commencement of this item. Part 10—Amendment relating to the Re‑establishment and Employment Act 1945 Income Tax Assessment Act 1936 49 Paragraph 23(kb) Repeal the paragraph. 50 Subsection 221A(1) (paragraph (e) of the definition of salary or wages) Repeal the paragraph. 51 Application The amendments made by items 49 and 50 apply to assessments for years of income starting after the year of income containing the day on which this item commences. Public Service Act 1922 52 Subsection 7(1) (paragraph (a) of the definition of returned soldier) Repeal the paragraph, substitute: (a) a person who is a member of the Forces (as that term was defined in section 139 of the Re‑establishment and Employment Act 1945 immediately before its repeal); or Tradesmen's Rights Regulation Act 1946 53 Section 6 (definition of member of the Forces) Repeal the definition, substitute: member of the Forces has the meaning given by section 4 or 139 of the Re‑establishment and Employment Act 1945 immediately before the repeal of that Act. 54 Section 6 (definition of the war) Repeal the definition, substitute: the war has the meaning given by section 4 or 139 of the Re‑establishment and Employment Act 1945 immediately before the repeal of that Act. 55 Subsection 7A(1) After "Re‑establishment and Employment Act 1945‑1952", insert "(immediately before its repeal)". 56 Paragraph 41(3)(b) Omit "is", substitute "was". 57 Subsection 41(3A) After "Re‑establishment and Employment Act 1945‑1952", insert "(immediately before its repeal)". 58 Section 42 Omit "Part III of the Re‑establishment and Employment Act 1945‑1952 or". 59 Section 42 Omit "Part or". Part 11—Amendment relating to the Merchant Shipping Act, 1894 (Imperial) Navigation Act 1912 60 Subsection 6(1) (definition of the Merchant Shipping Act) Repeal the definition. 61 Subsection 263(1) Omit "Notwithstanding anything contained in subsection 419(4) of the Merchant Shipping Act, in", substitute "In". 62 Subsection 264(3) Omit "Notwithstanding anything contained in subsection 422(2) of the Merchant Shipping Act, in", substitute "In". [Minister's second reading speech made in— House of Representatives on 30 March 1999 Senate on 9 August 1999] (69/99)