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Statute Law Revision (Repeals) Act 2000

An Act to repeal spent legislation

[Royal Assent 16 June 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title

This Act may be cited as the Statute Law Revision (Repeals) Act 2000 .

2. Commencement

(1) Sections 3 , 4 , 5 and 6 are taken to have commenced on 1 July 1995.

(2) Sections 7 , 8 and 9 are taken to have commenced on 1 September 1995.

(3) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

The amendment effected by this section has been incorporated into the authorised version of the Land and Income Taxation Act 1910 .

The amendment effected by this section has been incorporated into the authorised version of the Land Titles Act 1980 .

The amendment effected by this section has been incorporated into the authorised version of the Lawrence Vale Landslip Act 1961 .

The amendment effected by this section has been incorporated into the authorised version of the Police Offences Act 1935 .

The amendment effected by this section has been incorporated into the authorised version of the State Loans to Local Bodies Act 1929 .

The amendment effected by this section has been incorporated into the authorised version of the Survey Co-ordination Act 1944 .

The amendment effected by this section has been incorporated into the authorised version of the Wesley Vale Pulp and Paper Industry Act 1961 .

10. Acts repealed

The Acts specified in Schedule 1 are repealed.

11. Statutory Rules rescinded

The Statutory Rules specified in Schedule 2 are rescinded/revoked.

12. Effect of repeal

(1) In this section,
repealed Act means an Act repealed by this Act.

(2) The repeal of a repealed Act does not affect the operation of amendments made, and in force at the commencement of this section, by the repealed Act.

(3) An Act amended by a repealed Act, subject to any subsequent enactments amending or modifying it, continues to be construed as if the repealed Act had not been repealed.

13. Savings provisions

(1) In this section –
local body includes any council, drainage trust and governing body of a statutory authority, other than a State authority, having power by law to borrow money upon the security of the revenues of the authority;
repealed Act means an Act repealed by this Act;
State authority means a Minister and any incorporated or unincorporated body which is established, constituted or continued by or under an Act or the royal prerogative to administer or control a department, business or undertaking on behalf of the State;
statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or the governing authority of which, wholly or partly comprises a person appointed by the Governor, a Minister of the Crown or another statutory authority.

(2) If a repealed Act –
(a) appropriated or authorised the expenditure of money from the Consolidated Fund; and
(b) authorised or required the expenditure or application of money during any 2 or more financial years –
that money may, to the extent to which it has not been expended or applied before the commencement of this section, be expended or applied in accordance with the repealed Act as if it had not been repealed.

(3) The whole or any part of a tax, duty, charge, rate or impost imposed or levied by or under a repealed Act that, immediately before the commencement of this section, has not been paid remains payable and may be recovered as if the repealed Act had not been repealed.

(4) The execution of any work or undertaking authorised by or under a repealed Act that, immediately before the commencement of this section, has not been commenced, or has been commenced but not completed, may be commenced or completed as if the repealed Act had not been repealed.

(5) If, immediately before the commencement of this section, the whole or any part of any loan or advance made by or under a repealed Act has not been repaid –
(a) the whole or part of the loan or advance, and any interest payable in respect of it, continues to be repayable in accordance with the repealed Act as if it had not been repealed; and
(b) any proceedings or remedies for the recovery of the whole or part of the loan or advance, and any interest payable in respect of it, may be continued, taken or enforced as if the repealed Act had not been repealed; and
(c) any securities for the repayment of the loan or advance, and any interest payable in respect of it, may be realised as if the repealed Act had not been repealed; and
(d) a charge imposed on property in respect of the loan or advance continues in full force and may be enforced as if the repealed Act had not been repealed; and
(e) any conditions that, immediately before the commencement of this section, applied with respect to the making or repayment of the loan or advance continue to apply as if the repealed Act had not been repealed.

(6) The repeal of a repealed Act does not affect –
(a) the vesting of any land, or any estate or interest in land, that was vested by or under the repealed Act; or
(b) any conditions, restrictions, obligations or trusts imposed or created by or under the repealed Act in respect of the use, sale, disposal, leasing, mortgaging or charging of the vested land, estate or interest.

(7) Any conditions, restrictions, obligations and trusts referred to in subsection (6) may be enforced as if the repealed Act had not been repealed.

(8) If, immediately before the commencement of this section, the Governor, a State authority, a statutory authority or a local body had not borrowed the whole or any part of money he, she or it was authorised to borrow under a repealed Act, the Governor, State authority, statutory authority or local body may borrow that whole or part of that money and apply it, in accordance with the repealed Act, as if the repealed Act had not been repealed.

(9) A payment required to be made by or under a repealed Act that, immediately before the commencement of this section, has not been made or completed may be made or completed as if the repealed Act had not been repealed.

(10) Any act, matter or thing commenced under a repealed Act but not completed immediately before the commencement of this section may be completed as if the repealed Act had not been repealed.

(11) Any payment, act, matter or thing made lawful, valid or effectual, or taken to be lawful, valid or effectual, by or under a repealed Act continues to be lawful, valid or effectual to the extent it was so under the repealed Act.

(12) The release or discharge of any person from any claim, action, suit or proceeding by or under a repealed Act is not affected by the repeal of the repealed Act.

(13) The repeal of a repealed Act does not indemnify against, or affect any relief or discharge from, any disqualification, penalty, forfeiture, incapacity or disability granted to or conferred on any person or class of persons by the repealed Act.

(14) Any person or class of persons referred to in subsection (13) continues to be entitled to the benefit of the indemnity, relief or discharge granted or conferred by or under the repealed Act as if it had not been repealed.

(15) Any proclamation in force under section 38 of the Racing and Gaming Act 1974 immediately before the commencement of this section continues to be in force under section 120 of the Racing and Gaming Act 1952 .