COAL EXCISE ACT 1949 (REPEALED)

SECTION 5 (Repealed by 74 of 2006)

5 INCORPORATION OF EXCISE ACT
The following provisions of the Excise Act 1901 shall, except so far as they are inconsistent with this Act, be incorporated and read as one with this Act:

(a) Part II (except section 15 );

(aa) sections 60 and 61 ;

(b) Part IX (except sections 86 , 87 , 87AA , 91 , 92 , 100 , 104 , 105 , 106 and 107 );

(c) Part X (except sections 116 and 117 to 117I and paragraphs 120 (i), (ii), (iii) and (ix); and

(d) Parts XI , XII and XIV .

View history note

History

S 5 amended by No 25 of 2001, s 3 and Sch 6 items 6 to 8, by substituting ``section 15'' for ``sections 14, 15 and 23'' in para (a), inserting ``87AA'' after ``87'' in para (b) and inserting ``to 117I'' after ``and 117'' in para (c), effective 4 May 2001.

S 5 amended by No 137 of 2000, s 3 and Sch 2 item 131, by omitting ``, (v), (va)'' after ``(iii)'' in para (c), effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

418 Transitional - pre-commencement offences
418(1)
Despite the amendment or repeal of a provision, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.

418(2)
Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901 .
419 Transitional - pre-commencement notices
419
If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed; and

(c) the first-mentioned provision is amended;
the amendment of the first-mentioned provision does not affect the validity of such a notice that was given before the commencement of this item.

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