Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 6 - Repeals of spent and obsolete provisions
52 This Schedule contains items that repeal spent and obsolete provisions and make amendments consequential on the repeals.
Item 1
53 Item 1 repeals the redundant section 38 of the Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985. That section is redundant as it related to the preparation of a final report. The report was laid before Parliament on 12 February 1986. Section 38 is therefore redundant.
Item 2
54 Item 2 repeals the redundant clause 76 of Schedule 2 to the Dairy Produce Act 1986. That clause is redundant as it required a review to be conducted during the 2002-2003 financial year and for copies of a report of the review to be laid before each House of the Parliament. The review was published on 22 November 2002 and the copies were laid before the Houses on 12 December 2002 and 5 February 2003. Clause 76 is therefore redundant.
Item 3
55 Item 3 repeals the redundant section 45 of the Do Not Call Register Act 2006. That section is redundant as it required a review to be conducted before the end of the period of 3 years after the commencement of that section, or as soon as practicable after the end of that period and for copies of a report of the review to be tabled in each House of the Parliament. Section 45 commenced on 31 May 2007. The review concluded in May 2010 and the copies were tabled on 29 September 2010. Section 45 is therefore redundant.
Items 4 and 5
56 Items 4 and 5 repeal the spent section 12A of, and redundant Schedule 1 to, the Social Security (International Agreements) Act 1999. Section 12A and Schedule 1 are both spent as their only legal effect in the past was to preserve the effect of the Agreement between Australia and the United Kingdom on Social Security (the Agreement) for people arriving in Australia prior to 1 March 2000 (the date notice of termination was given to the United Kingdom Government) and for those who claimed or were being paid under the Agreement prior to its termination on 1 March 2001. The Agreement assisted people to meet the Australian residence requirements for qualification for specified social security payments under the Social Security Act 1991. By 1 March 2011, section 12A and Schedule 1 no longer had any substantive legal effect as all those who became Australian residents prior to the date notice of termination was served, or who were receiving or had claimed under the Agreement prior to termination, would have acquired, if necessary, 10 years Australian residence in their own right and would have qualified under domestic legislation.
Item 6
57 Item 6 repeals the redundant section 46 of the Spam Act 2003. That section is redundant as it required a review of the operation of the Act to be conducted before the end of the period of 2 years after the commencement of that section and for copies of a report of the review to be tabled in each House of the Parliament. Section 46 commenced on 10 April 2004. The review concluded in June 2006 and the copies were tabled in the House of Representatives on 22 June 2006 and in the Senate on 8 August 2006. Section 46 is therefore redundant.