Bills Digest no. 71 2009–10
Statute Law Revision Bill 2009
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.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Contact officer & copyright details
Passage history
Date introduced: 28 October 2009
House: House of Representatives
Portfolio: Attorney-General
Commencement: Sections 1 to 3 commence on Royal Assent. The remaining
amending provisions commence on varying dates from day of Royal Assent to 30
September 2008. The commencement of some are also dependant upon the
commencement of items in other Acts. Many of the dates are retrospective.
Links: The relevant links to the Bill, Explanatory Memorandum
and second reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/. When Bills have been passed they can
be found at ComLaw, which is at http://www.comlaw.gov.au/.
The Statute
Law Revision Bill 2009 (the Bill) proposes to amend in Schedule 1 errors in 33
principal Acts, in Schedule 2 corrects errors in 22 amending Acts where errors
have occurred, in Schedule 3 repeal 5 obsolete Acts, in Schedule 4 correct
inconsistencies and in Schedule 5 to standardise the terms ‘website’ and ‘Internet’.
A Statute Law Revision Bill is a mechanism whereby the
Statute book is maintained. Any outstanding errors are corrected and obsolete
material is removed from the Statute book. The Fraser Government introduced the
Statute Law Revision Bill in its current form.[1] As the Attorney-General states:
This house-keeping work is itself an important contribution
to the legislative landscape and the broader justice system. Statute Law
Revision Bills improve the quality and accuracy of Commonwealth legislation,
and enhance the effectiveness and accessibility of the law for the Australian
public. This continual process of statutory review complements the Government’s
commitment to enhancing the operation and accessibility of the federal justice
system for all Australians.[2]
Such Bills are ‘traditionally non-controversial and receive
the support of the Parliament as they are regarded as an essential tool in the
process of keeping orderly, accurate and up to date Commonwealth Statute books.’[3] This Bill corrects a number of technical errors that have occurred as a result
of drafting and clerical mistakes, removes obsolete Acts and makes a number of
amendments to principal Acts and amending Acts to ensure consistency in terms
used and makes a number of amendments to remove gender-specific language. The
Explanatory Memorandum states that there are no substantive changes to the law
and further comments:
The corrections and repeals are desirable in order to improve
the quality of the text of Commonwealth legislation and, in particular, to
facilitate the publication of consolidated versions of Acts by the
Attorney-General’s Department and by private publishers of legislation.[4]
The Senate Select Committee on the Scrutiny of Bills
commented on the retrospective application in Clause 2 of the commencement
provisions of the Bill. The report comments:
Clause 2 of the bill contains
the table of commencement information and many items listed in the commencement
table provide for retrospective commencement. The explanatory memorandum
provides a thorough explanation as to why retrospectivity is considered
appropriate: the relevant items relate to misdescribed or redundant amendments
or errors contained in amending Acts; and the commencement of those items is
tied to the time specified in the amending Act for the commencement of the
misdescribed or redundant amendment. The Committee accepts the retrospective
application of provisions in such circumstances.[5]
The Explanatory Memorandum states that the Bill has no
financial impact.[6]
Items 1 to 52 correct errors contained in principal
Acts. Items 53 to 252 remove gender-specific language from the Tradesmen’s
Rights Regulation Act 1946 and replace it with gender-neutral language.
Items 1 to 31 correct misdescribed or redundant
amendments in amending Acts as well as other errors.
Items 1 to 5 propose to repeal obsolete or spent
legislation. Five Acts are repealed by this Bill and consequential amendments
are made to references in other Acts which refer to the repealed legislation.
Part 1 items 1 to 5 substitute ‘Ballot-papers’ for ‘Ballot
paper’ in the Commonwealth Electoral Act 1918. Items 6 to 88 substitute ‘ballot-paper’ for ‘ballot paper’. Items 89 to 175 substitute
‘ballot-papers’ for ‘ballot papers’.
Part 1 items 1 to 136 amend 39 principal Acts to standardise
the use of the term ‘website’. Part 2 item 137 amends 52 principal Acts
to substitute references from ‘Internet’ to ‘internet’. Part 3 item 138 lists particular provisions of Acts listed in Part 2 that are not subject to
Part 2 of Schedule 5 (that is changing the reference to ‘internet’).
Members, Senators and
Parliamentary staff can obtain further information from the Parliamentary
Library on (02) 6277 2784.
Moira Coombs
25 November 2009
Bills Digest Service
Parliamentary Library
© Commonwealth of Australia
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