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FACT SHEET
LEGISLATION REPEAL BILL 2010
The purpose of this Bill is to repeal a number of Acts and statutory rules that
are no longer necessary.
This Bill repeals 24 principal Acts, 35 amendment Acts, 15 Proclamations, 20
Orders and two Notices that have been identified by agencies as no longer
being necessary.
Details of the Acts to be repealed are provided in the Notes on Clauses.
The following Acts are examples of the legislation to be repealed.
The Health Services Act 1960 amended a number of now redundant Acts to
provide that any function of the Minister for Health appearing in those Acts
may be delegated to a medical practitioner employed within the Department.
To date, Health Ministers have chosen to carry out these functions, which
relate to health service establishments, particularly under the Hospitals Act
1918. The Health Service Establishments Act 2006 is scheduled to
commence in 2010 and will repeal the Hospitals Act 1918. There is therefore
no need to retain a specific delegation power.
The Consolidated Fund Appropriation (Supplementary Appropriation
for 2006-2007) Act 2007 is an Act for the appropriation of money from the
Consolidated Fund to certain agencies for the financial year ending
30 June 2007. The Department of Treasury and Finance has received advice
from the Solicitor-General that an appropriation Act cannot authorise the
appropriation of money for a longer period than one year. For this reason, the
Act is now redundant and can be repealed.
The Tamar Improvement Act (No.2) 1913 amends the
Tamar Improvement Act 1912. The Tamar Improvement Act 1912 was
repealed by the Legislation Repeal Act 1995. The remaining provisions of the
Tamar Improvement Act (No.2) 1913 serve no useful purpose in isolation. For
this reason, the Act can be repealed.
The Bill also removes specific sections in Acts that are no longer required. For
example, Section 45A of the Acts Interpretation Act 1931 refers to the State
rate of interest on Commonwealth debt. This debt was repaid in July 2005.
Accordingly, this section is irrelevant and can be removed from the Act.