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Statute Law Revision Bill (No. 2) 2005



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Parliament of Australia

Department of Parliamentary Services

Parliamentary Library BILLS DIGEST

Information analysis and advice for the Parliament

10 January 2006, no. 78, 2005-06, ISSN 1328-8091

Statute Law Revision Bill (No. 2) 2005

Peter Prince Law and Bills Digest Section

Contents

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Main Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 Statute Law Revision Bill (No. 2) 2005

Statute Law Revision Bill (No. 2) 2005

Date Introduced: 30 November 2005

House: Senate

Portfolio: Attorney-General

Commencement: Various

Purpose

The Bill amends 33 Acts to correct minor technical and drafting errors and misdescribed amendments, and repeals 27 obsolete Acts that have no current or future operation.

Background

Nationally and internationally, statute law revision bills have become an integral part of the maintenance of statute books. These Bills are essential:

• to ensure that the statute book is of the highest standard possible, and

• to enhance the regulatory framework’s transparency and accessibility.

Both aspects are fundamental to guaranteeing a working legal system under the rule of law. According to the Explanatory Memorandum, the Bill will assist this by facilitating ‘the publication of consolidated versions of Acts by the Attorney-General’s Department and by private publishers of legislation.’1

Since the introduction of the inaugural Statute Revision legislation in 1981, similar revision legislation has found broad support in the Parliament.2

Main Provisions

Due to the nature of the amendments proposed by this Bill, it is neither useful nor necessary to analyse them individually or in detail.3

The Bill has three schedules:

Schedule 1 amends 14 principal Acts and is mainly concerned with minor clerical and drafting errors. For example, item 8 of Schedule 1 corrects an error in s. 116AB of the Copyright Act 1968, which currently contains two subparagraphs numbered (i). The item

corrects this so the subparagraphs are numbered (i) and (ii).

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Statute Law Revision Bill (No. 2) 2005 3

The commencement of each item in Schedule 1 (other than items commencing on Royal Assent) is tied to the commencement of the provision that contains the error.4

Schedule 2 amends misdescriptions and cross-referencing errors in 19 amending Acts. The commencement date of each item has been chosen so that the correction of the misdescription is taken to have occurred immediately after the commencement of the misdescribed item in the amending Act.5

Schedule 3 repeals 27 obsolete Acts.

According to the Explanatory Memorandum, none of the amendments proposed by the Bill will make any change to the substance of the law.6

Endnotes

1 Explanatory Memorandum to the Statute Law Revision Bill 2005, p. 1.

2 R. Bell, ‘Statute Law Revision Bill 2002’, Bills Digest, no. 150, Parliamentary Library, Canberra, 2001-2, pp. 1-2.

3 Each provision, and the reason for amending it, can be found in the Explanatory Memorandum.

4 Explanatory Memorandum, op. cit., p. 2.

5 ibid.

6 ibid., p. 1.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

4 Statute Law Revision Bill (No. 2) 2005

 Copyright Commonwealth of Australia 2006

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of Parliamentary Services, other than by senators and members of the Australian Parliament in the course of their official duties.

This brief has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.

Members, Senators and Parliamentary staff can obtain further information from the Information and Research Services on (02) 6277 2404.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.