STATUTE LAW REPEALS BILL 2012 – Tuesday, 1 May 2012

Posted on 10. May, 2012 in Speeches

Mr LIM (Clayton) — I am pleased to rise to speak on the Statute Law Repeals Bill 2012. This is a technical and housekeeping bill. Its purpose is to repeal more than 19 redundant acts of the Victorian Parliament. These acts are redundant because, owing to the passage of time, they are no longer operational or, as in the case of amending acts, their provisions are fully spent. The acts being repealed pursuant to clause 3 of the bill are specified in the schedule to the bill.

The explanatory memorandum also lists the acts under repeal and separates them into three categories. The first category covers five principal acts which are spent or redundant because their provisions have taken effect. They are the Australian Alliance Assurance Company’s Act 1867, the Aboriginal Affairs (Transfer of Functions) Act 1974, the Aboriginal Land (Manatunga Land) Act 1992, the Appropriation (2008/2009) Act 2008 (No. 32/2008) and the Appropriation (Parliament 2008/2009) Act 2008 (No. 33/2008). The Australian Alliance Assurance Company, now known as Australian Alliance Insurance (AAI), was founded in Melbourne in 1862 — the member who spoke before me has referred to that already — and in a pub, no less! Originally Alliance was an unincorporated company. The purpose of the 1867 act was to allow the shareholders to sue and be sued in the name of the chairman. In the following century and a half Alliance has gone through a number of mergers and is now a niche company. Clearly the original act has served any useful purpose.

The second category is ‘Spent amending acts with transitional or substantive provisions’. There are 12 acts in this category: the Port Authorities (Amendment) Act 1986, the Legal Aid Commission (Amendment) Act 1989, the Kew and Heidelberg Lands (Trust) Act 1990, the Subdivision (Further Amendment) Act 1994, the University Acts (Amendment) Act 1994, the Melbourne and Olympic Parks (Amendment) Act 1995, the Retail Tenancies (Amendment) Act 1995, the Professional Boxing and Martial Arts Act 1996, the Transport Acts (Amendment) Act 1997, the Accident Compensation (Miscellaneous Amendment) Act 1997, the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 and the Consumer Credit (Victoria) and Other Acts Amendment Act 2008.

The third category of acts to be repealed contains two acts which are spent because their provisions are wholly in operation and have amended the acts they were intended to amend. They are the House Contracts Guarantee (HIH) Act 2001 and the Fire Services Funding (Feasibility Study) Act 2009.

In its report on this bill the Scrutiny of Acts and Regulations Committee has found no problems and it has received the appropriate chief parliamentary counsel’s certificate.

The final comment I would like to make is that section 14 of the Interpretation of Legislation Act 1984 makes various provisions in respect of the repeal of acts. Section 14(1) prevents acts being revived that were previously repealed by the acts now being repealed. Section 14(2) prevents things that have been done from being undone, and importantly it does not affect rights acquired under the repealed acts. With those few words, I have no difficulty with the passage of this bill.

 

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