Acts Enumeration and Revision Act 1958

Version No. 011

Acts Enumeration and Revision Act 1958

Act No. 6188/1958

Version incorporating amendments as at 1 July 1997

table of provisions

SectionPage

1

SectionPage

1.Short title, commencement and division

PART 1—CONSOLIDATING ACTS

2.Acts in Schedule 1 are consolidating Acts

3.Convictions and offences under repealed Acts

4.Repeal by implication

5.Effect of repeal by Acts in Schedule 1

PART 2—UNREPEALED AND UNCONSOLIDATED ENACTMENTS

6.Definition

7.Enactments not affected by repeal mentioned in section 9

8.Further saving from repeal

9.General repeal of enactments

10.Powers of the Governor in Council

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SCHEDULES

SCHEDULE 1—Consolidating Acts

SCHEDULE 2—General enumeration of enactments in chronological order

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EndNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 011

Acts Enumeration and Revision Act 1958

Act No. 6188/1958

Version incorporating amendments as at 1 July 1997

An Act to enumerate the Consolidating Acts of the Legislature of Victoria passed in the year One thousand nine hundred and fifty-eight and to state the Effect of and Rules of Construction applicable to such Acts and to provide that certain Enactments of the Legislature of New South Wales and of the Legislature of Victoria passed before the first of September One thousand nine hundred and fifty-eight shall be repealed and to enumerate the Unrepealed and Unconsolidated Enactments of such Legislatures.

1

Acts Enumeration and Revision Act 1958

Act No. 6188/1958

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Short title, commencement and division

This Act may be cited as the Acts Enumeration and Revision Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:

Part I—Consolidating Acts ss 2–5

Part II—Unrepealed and Unconsolidated Enactments ss 6–10.

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Part I—Consolidating Acts

Comp. No. 3629 (as amended by No. 3943 s. 2).

2.Acts in Schedule 1 are consolidating Acts

s. 2

The Acts enumerated in the First Schedule to this Act are and are hereby for the purposes of this Part declared to be Acts consolidating public Acts in force in Victoria on the first day of September One thousand nine hundred and fifty-eight. Subject to the said consolidating Acts all persons things and circumstances appointed or created by or under and existing or continuing under the said public Acts shall continue, unless and until other provision is made by and in accordance with law, to have under the said consolidating Acts the same status operation and effect as they respectively would have had if the said public Acts had not been repealed by the said consolidating Acts.

Comp. No. 3717 s. 235.

3.Convictions and offences under repealed Acts

(1)Where any provision of any of the said consolidating Acts makes any reference to any previous conviction or previous offence, or to any second, or any third, or any subsequent conviction or offence, or makes any reference of a similar kind, such reference shall be deemed to extend and have regard to any conviction or offence under the corresponding provisions of any Act repealed by such consolidating Act and re-enacted therein with or without amendment.

(2)Where under any of the said consolidating Acts any such previous conviction or offence may be proved, or it is necessary in proof of any such second or third or subsequent conviction or offence to prove any previous or other conviction or offence, then any previous or other conviction or offence under any such corresponding provisions as aforesaid may be proved or received in evidence, and for the purposes of this section any such conviction or offence as last aforesaid shall have the same force and effect as a conviction or offence under the corresponding provisions of such consolidating Act.

(3)Nothing in this section contained shall limit the generality or effect of section two of this Act or any provision of the Acts Interpretation Act 1958.

Comp. No. 3629 s. 4.

4.Repeal by implication

s. 4

When any provision of any Act in force in Victoria on the first day of September One thousand nine hundred and fifty-eight has been wholly or in part repealed by implication by any provisions of another Act also in force in Victoria on the day aforesaid, the like effect shall in the absence of express provision negativing limiting or varying such effect continue and be given to the provisions (if any) of the Acts in the First Schedule to this Act corresponding with the provisions respectively of the Acts hereinbefore first mentioned. Save as aforesaid there shall be no repeal by implication of any provision of any of the Acts enumerated in the First Schedule to this Act by any provisions of any other Act or Acts enumerated in the said Schedule.

Comp. No. 3629 s. 5.

5.Effect of repeal by Acts in Schedule 1

When any Act in the First Schedule to this Act wholly or in part repeals any Act, the repeal shall not affect any appointment made commission issued warrant or other authority given by the Governor in Council or by any person or body under the authority of any such repealed Act for the exercise or performance of powers and duties of any office or employment, but every such appointment commission warrant and other authority shall continue in force in all respects as though such appointment commission warrant or other authority had been made issued or given under or by virtue of such repealing Act.

Nothing in this section or in section seven of the Acts Interpretation Act 1958 shall limit control or abridge the effect of anything contained in the repealing section of any of the Acts enumerated in the First Schedule to this Act. Nor shall anything contained in the repealing section of any of such Acts limit control or abridge the effect or prejudice the generality of any of the provisions of this section or of the said section seven.

s. 5

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Part II—Unrepealed and Unconsolidated Enactments

Comp. No. 3629 s. 6.

6.Definition

s. 6

In this Part unless inconsistent with the context or subject-matter—

"enactment" includes any Act or Law enacted by the Legislature of New South Wales before the twenty-fourth day of December 1851[1] and any Act or Law enacted by the Legislature of Victoria and also includes any part of any such Act or Law.

Comp. No. 3629 s. 7.

7.Enactments not affected by repeal mentioned in section 9

The enactments set out in chronological order in the Second Schedule to this Act shall continue to have in Victoria whether separately or in combination with any unrepealed enactment or statutory provision such force and effect (if any) as they had at the commencement of this Act. In construing any such enactment where portion only of any Act or Law is mentioned in the said Schedule regard may be had to the whole of such Act or Law. The words under the title "subject-matter" in the said Schedule shall be read as descriptive merely.

Comp. No. 3629 s. 8.

8.Further saving from repeal

Nothing in the next succeeding section shall in any way affect or be construed as in any way affecting—

(a)"The Constitution Act" or any repeal or amendment of any part thereof; or

(b)the effect by way of revivor or otherwise of any enactment of the Legislature of Victoria passed after the first day of September One thousand nine hundred and fifty-eight.

Comp. No. 3629 s. 9.

9.General repeal of enactments

s. 9

Save as aforesaid every enactment enacted before the first day of September in the year One thousand nine hundred and fifty-eight by the Legislature of New South Wales or by the Legislature of Victoria so far as such enactment is at the commencement of this Act in force in Victoria shall be hereby repealed in and for Victoria:

Provided that where any enactment not repealed by this section has been repealed confirmed revived or perpetuated by any enactment hereby repealed such repeal confirmation revivor or perpetuation shall not be affected by the repeal effected by this section.

And the repeal by this section of any enactment shall save as hereinafter provided not affect any enactment in which such enactment has been applied incorporated or referred to.

And the repeal by this section of any enactment shall not affect the construction of any enactment not so repealed whether as regards the past or the future.

And this section shall not affect the validity invalidity effect or consequences of any thing already effected done or suffered—or any existing status or capacity—or any right title obligation or liability already acquired accrued or incurred or any remedy or proceeding in respect thereof—or any release or discharge of or from any debt penalty obligation liability claim or demand or any indemnity—or the proof of any past act or thing.

Nor shall this section affect the validity of any marriage heretofore or hereafter celebrated or any established principle or rule of law or equity or established jurisdiction form or course of pleading practice or procedure or any existing usage franchise liberty custom privilege restriction exemption office appointment payment allowance emolument or benefit notwithstanding that the same respectively may have been in any manner affirmed recognized or derived by in or from any enactment hereby repealed.

Nor shall this section revive or restore any jurisdiction office duty drawback fee payment franchise liberty custom right title privilege restriction exemption usage practice procedure or other matter or thing not now existing or in force:

Provided also and without limiting the generality of the foregoing provisos that the repeal effected by this section shall not prevent the recognition in Victoria of any status right title or other matter or thing elsewhere acquired under any of the enactments repealed by this section in the same circumstances and to the same extent as such recognition would have been granted or given prior to the commencement of this Act.

Nothing in the repeal effected by this section shall affect any saving contained in any repealing or other section of any of the Acts enumerated in the First Schedule to this Act or shall affect the generality or effect of anything contained in Part I of this Act.

s. 9

Comp. No. 3629 s. 10.

10.Powers of the Governor in Council

s. 10

The Governor in Council may at any time and from time to time by proclamation published in the Government Gazette indicate any enactment or enactments as an enactment or enactments which is or are to be added to those mentioned in the Second Schedule to this Act, and thereupon such enactment or enactments shall be deemed to have been mentioned at the appropriate place or places in the said Schedule and the effect shall be the same as if the said Schedule had at the time of the passing of this Act included such added enactment or enactments and sections seven and nine of this Act shall be construed accordingly.

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SCHEDULES

Sch. 1

Ss 2-5.

FIRST SCHEDULE

1. Acts Interpretation Act 1958

2. Aborigines Act 1958

3. Administration and Probate Act 1958

4. Adoption of Children Act 1958

5. Agent-General's Act 1958

6. Agricultural Colleges Act 1958

7. Agricultural Education Act 1958

8. Agricultural Lime Act 1958

9. Air Navigation Act 1958

10. Anzac Day Act 1958

11. Apprenticeship Act 1958

12. Arbitration Act 1958

13. Architects Act 1958

14. Auction Sales Act 1958

15. Audit Act 1958

16. Bakers and Millers Act 1958

17. Bank Holidays Act 1958

18. Barley Marketing Act 1958

19. Bees Act 1958

20. Benefit Associations Act 1958

21. Boilers Inspection Act 1958

22. Building Societies Act 1958

23. Business Investigations Act 1958

24. Business Names Act 1958

25. Cancer Act 1958

26. Carriers and Innkeepers Act 1958

27. Cattle Breeding Act 1958

28. Cattle Compensation Act 1958

29. Cemeteries Act 1958

30. Children's Court Act 1958

31. Children's Welfare Act 1958

Sch. 1

32. Clean Air Act 1958

33. Coal Mines Act 1958

34. Commercial Goods Vehicles Act 1958

35. Commonwealth Arrangements Act 1958

36. The Constitution Act Amendment Act 1958

37. Co-operation Act 1958

38. Co-operative Housing Societies Act 1958

39. Coroners Act 1958

40. Country Fire Authority Act 1958

41. Country Roads Act 1958

42. County Court Act 1958

43. Crimes Act 1958

44. Crown Proceedings Act 1958

45. Dairy Products Act 1958

46. Developmental Railways Act 1958

47. Dietitians Registration Act 1958

48. Dog Act 1958

49. Drainage Areas Act 1958

50. Drainage of Land Act 1958

51. Dried Fruits Act 1958

52. Education Act 1958

53. Electric Light and Power Act 1958

54. Employers and Employés Act 1958

55. Entertainments Tax Act 1958

56. Essential Services Act 1958

57. Estate Agents Act 1958

58. Evidence Act 1958

59. Explosives Act 1958

60. Farm Produce Agents Act 1958

61. Fences Act 1958

62. Fertilizers Act 1958

Sch. 1

63. Firearms Act 1958

64. Fisheries Act 1958

65. Footwear Regulation Act 1958

66. Forests Act 1958

67. Friendly Societies Act 1958

68. Fruit and Vegetables Act 1958

69. Fungicides Act 1958

70. Game Act 1958

71. Gaols Act 1958

72. Gas and Fuel Corporation Act 1958

73. Gas Regulation Act 1958

74. Geelong Harbor Trust Act 1958

75. Geelong Waterworks and Sewerage Act 1958

76. Gold Buyers Act 1958

77. Goods Act 1958

78. Grain Elevators Act 1958

79. Hairdressers Registration Act 1958

80. Harbor Boards Act 1958

81. Hawkers and Pedlers Act 1958

82. Health Act 1958

83. Home Finance Act 1958

84. Horse Breeding Act 1958

85. Hospital Benefits Act 1958

86. Hospitals and Charities Act 1958

87. Housing Act 1958

88. Imprisonment of Fraudulent Debtors Act 1958

89. Industrial and Provident Societies Act 1958

90. Inebriates Act 1958

91. Instruments Act 1958

92. Judicial Proceedings Reports Act 1958

Sch. 1

93. Juries Act 1958

94. Justices Act 1958

95. Labour and Industry Act 1958

96. Land Act 1958

97. Landlord and Tenant Act 1958

98. Lands Compensation Act 1958

99. Land Settlement Act 1958

100. Land Surveyors Act 1958

101. Land Tax Act 1958

102. Latrobe Valley Act 1958

103. Legal Profession Practice Act 1958

104. Libraries Act 1958

105. Licensing Act 1958

106. Lifts Regulation Act 1958

107. Limitation of Actions Act 1958

108. Liquified Petroleum Gas Act 1958

109. Livery and Agistment Act 1958

110. Local Authorities Superannuation Act 1958

111. Local Government Act 1958

112. Maintenance Act 1958

113. Margarine Act 1958

114. Marine Act 1958

115. Marine Stores and Old Metals Act 1958

116. Marketing of Primary Products Act 1958

117. Markets Act 1958

118. Marriage Act 1958

119. Masseurs Act 1958

120. Master and Apprentice Act 1958

121. Medical Act 1958

122. Melbourne and Metropolitan Board of Works Act 1958

Sch. 1

123. Melbourne and Metropolitan Tramways Act 1958

124. Melbourne Harbor Trust Act 1958

125. Mental Deficiency Act 1958

126. Mental Hygiene Act 1958

127. Metropolitan Fire Brigades Act 1958

128. Mildura Irrigation and Water Trusts Act 1958

129. Milk and Dairy Supervision Act 1958

130. Milk Board Act 1958

131. Milk Pasteurization Act 1958

132. Mines Act 1958

133. Mining Development Act 1958

134. Ministry of Transport Act 1958

135. Mint Act 1958

136. Money Lenders Act 1958

137. Motor Car Act 1958

138. National Parks Act 1958

139. Newmarket Sheep Sales Act 1958

140. Nurses Act 1958

141. Opticians Registration Act 1958

142. Partnership Act 1958

143. Patriotic Funds Act 1958

144. Pawnbrokers Act 1958

145. Penalties Act 1958

146. Petroleum Act 1958

147. Petrol Pumps Act 1958

148. Poisons Act 1958

149. Police Offences Act 1958

150. Police Regulation Act 1958

151. Poor Persons Legal Assistance Act 1958

152. Portland Harbor Trust Act 1958

153. Pounds Act 1958

154. Printers and Newspapers Act 1958

155. Process Servers and Inquiry Agents Act 1958

156. Property Law Act 1958

157. Public Account Act 1958

158. Public Authorities Marks Act 1958

159. Public Contracts Act 1958

160. Public Safety Preservation Act 1958

161. Public Service Act 1958

162. Public Trustee Act 1958

163. Public Works Act 1958

164. Public Works Committee Act 1958

165. Racing Act 1958

166. Railway Lands Acquisition Act 1958

167. Railways Act 1958

168. Registration of Births Deaths and Marriages Act 1958

169. Religious Successory and Charitable Trusts Act 1958

170. River Improvement Act 1958

171. Road Traffic Act 1958

172. Rural Finance Corporation Act 1958

173. Sale of Allotments of Land Act 1958

174. Seamen's Act 1958

175. Secondhand Dealers Act 1958

176. Seeds Act 1958

177. Senate Elections Act 1958

178. Servants' Registry Offices Act 1958

179. Settled Land Act 1958

180. Sewerage Districts Act 1958

181. Shearers Accommodation Act 1958

Sch. 1

182. Sheep Dipping Act 1958

183. Sheep Owners Protection Act 1958

184. Soil Conservation and Land Utilization Act 1958

185. Soldier Settlement Act 1958

186. Solicitor-General Act 1958

187. Stamps Act 1958

188. State Development Act 1958

189. State Electricity Commission Act 1958

190. State Relief Committee Act 1958

191. State Savings Bank Act 1958

192. Statistics Act 1958

193. Stock and Share Brokers Act 1958

194. Stock Diseases Act 1958

195. Stock Foods Act 1958

196. Stock Medicines Act 1958

197. Street Trading Act 1958

198. Superannuation Act 1958

199. Supreme Court Act 1958

200. Survey Co-ordination Act 1958

201. Swine Act 1958

202. Tattersall Consultations Act 1958

203. Teaching Service Act 1958

204. Temperance Halls Act 1958

205. Theatres Act 1958

206. Tobacco Sellers Act 1958

207. Tourist Act 1958

208. Town and Country Planning Act 1958

209. Trade Unions Act 1958

210. Tramways Act 1958

211. Transfer of Land Act 1958

212. Transport Regulation Act 1958

Sch. 1

213. Trustee Act 1958

214. Trustee Companies Act 1958

215. Unauthorized Documents Act 1958

216. Unclaimed Moneys Act 1958

217. University Act 1958

218. Unlawful Assembles and Processions Act 1958

219. Vegetation and Vine Diseases Act 1958

220. Venereal Diseases Act 1958

221. Verminand Noxious Weeds Act 1958

222. Veterinary Surgeons Act 1958

223. Victorian Inland Meat Authority Act 1958

224. Warehousemen's Liens Act 1958

225. Water Act 1958

226. Weights and Measures Act 1958

227. Wild Flowers and Native Plants Protection Act 1958

228. Wills Act 1958

229. Wire Netting Act 1958

230. Women's Qualification Act 1958

231. Workers Compensation Act 1958

232. Wrongs Act 1958

233. Youth Organizations Assistance Act 1958

Sch. 1

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Ss 7, 10.

Sch. 2 amended by GGs 4.9.59
p. 2699, 16.12.59
p. 3639 and 2.6.65 p. 1740.

SECOND SCHEDULE

Sch. 2

General enumeration of enactments in chronological order

Amended by Nos 4279, 4574, 5914.

Amended by No. 4574.

Amended by No. 4574.

Amended by No. 4574.

Amended by No. 4574.

Amended by Nos 4574, 5914.

Sch. 2

Amended by No. 4574.

Amended by No. 4574.

Amended by No. 4574.

Amended by Nos 3483, 5142, 5592, 5735, 5914, 6008.