{"id":"nsw:act-1969-030","name":"Imperial Acts Application Act 1969","slug":"imperial-acts-application-act-1969","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"30 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110627,"registerId":"nsw-act-1969-030-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and commencement","content":"#### 1 Name of Act and commencement\n\n1 Name of Act and commencement\n\n> > (1) This Act may be cited as the [Imperial Acts Application Act 1969](/view/html/inforce/current/act-1969-030).\n> \n> > (2) This Act shall, except where otherwise expressly provided, commence upon a day to be appointed by the Governor and notified by proclamation in the Gazette.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Construction","content":"#### 2 Construction\n\n2 Construction\n\n> This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"# Part 2 General\n\nPart 2 General","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definition","content":"#### 4 Definition\n\n4 Definition\n\n> In the construction of this Act, unless inconsistent with the context or subject-matter, the expression Imperial enactment includes any part of the enacted law at any time in force in England.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Substitution of enactments","content":"#### 5 Substitution of enactments\n\n5 Substitution of enactments\n\n> > (1) Each Imperial enactment mentioned in the First Schedule to this Act, so far as it was in force in England on the twenty-fifth day of July, one thousand eight hundred and twenty-eight is declared—\n> > \n> > > (a) to have been in force in New South Wales on that day by virtue of the Imperial Act 9 George IV Chapter 83 (The Australian Courts Act 1828), and\n> > \n> > > (b) to have remained in force in New South Wales from that day until the commencement of this Act, except so far as affected by State Acts from time to time in force.\n> \n> > (2) Each Imperial enactment mentioned in the First Schedule to this Act is hereby repealed so far as it applies in New South Wales.\n> \n> > (3) Each provision of Part 3 of this Act is substituted for the Imperial enactment mentioned in the first column of the First Schedule to this Act opposite the reference to that provision in the second column of that Schedule.\n> \n> > (4) To the extent to which any of the provisions of Part 3 of this Act are inconsistent with the provisions of any State Act in force at the commencement of this Act, the provisions of the State Act shall prevail.\n> \n> > (5) In construing any of the provisions of Part 3 of this Act regard may be had to the context (if any) of the Imperial enactment for which the provision is substituted.\n> \n> > (6) In any State Act a reference to any Imperial enactment specified in the first column of the First Schedule to this Act shall, where the case permits, and unless a contrary intention appears, be construed as a reference to the provision of this Act specified opposite that Imperial enactment in the second column of that Schedule.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Preserved Imperial enactments","content":"#### 6 Preserved Imperial enactments\n\n6 Preserved Imperial enactments\n\n> Each Imperial enactment mentioned in Part 1 of the Second Schedule to this Act, and so much of each Imperial enactment mentioned in the first column of Part 2 of that Schedule as is specified opposite that Imperial enactment in the second column of the said Part 2, so far in either case as it was in force in England on the twenty-fifth day of July, one thousand eight hundred and twenty-eight—\n> \n> > (a) is declared to have been in force in New South Wales on that day by virtue of the Imperial Act 9 George IV Chapter 83, and\n> \n> > (b) except so far as affected by any Imperial enactments or State Acts from time to time in force in New South Wales—\n> > \n> > > (i) is declared to have remained in force in New South Wales from that day,\n> > \n> > > (ii) shall from the commencement of this Act be in force in New South Wales, and\n> \n> > (c) is not repealed by section eight of this Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Enactments not affected by repeal","content":"#### 7 Enactments not affected by repeal\n\n7 Enactments not affected by repeal\n\n> Nothing in this Act affects any Imperial enactment set out in the Third Schedule to this Act or any other Imperial enactment which independently of the provisions of the Imperial Act 9 George IV Chapter 83 is made applicable to New South Wales by the express words or necessary intendment of any Imperial enactment.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Imperial enactments repealed","content":"#### 8 Imperial enactments repealed\n\n8 Imperial enactments repealed\n\n> > (1) In addition to the repeals effected by subsection two of section five of this Act all other Imperial enactments (commencing with the Statute of Merton, 20 Henry III A.D. 1235–6) in force in England at the time of the passing of the Imperial Act 9 George IV Chapter 83 are so far as they are in force in New South Wales hereby repealed.\n> \n> > (2) The repeal of the Imperial Act 7 George II Chapter 8 (Sir John Barnard’s Act) effected by subsection one of this section shall be deemed to have taken effect as on and from the fourteenth day of June one thousand eight hundred and sixty—\n> > \n> > Provided that nothing in this subsection shall affect any transaction in respect of which proceedings in any Court have been taken or commenced on or before the twenty-fifth day of July one thousand nine hundred and sixty-eight.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Savings","content":"#### 9 Savings\n\n9 Savings\n\n> > (1) The repeal by this Act of any Imperial enactment does not—\n> > \n> > > (a) revive anything not in force or existing at the commencement of this Act,\n> > \n> > > (b) affect the previous operation of any Imperial enactment so repealed or anything duly done or suffered under any Imperial enactment so repealed,\n> > \n> > > (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any Imperial enactment so repealed,\n> > \n> > > (d) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any Imperial enactment so repealed, or\n> > \n> > > (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid,\n> > \n> > and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture or punishment may be imposed and enforced, as if this Act had not been passed.\n> \n> > (2) The repeal by this Act of—\n> > \n> > > (a) The Imperial Act 43 Elizabeth Chapter 4 (The Charitable Uses Act 1601) does not affect the established rules of law relating to charity,\n> > \n> > > (b) section four of the Imperial Act 29 Charles II Chapter 3 (The Statute of Frauds 1677) does not apply in relation to a promise or agreement made before the commencement of this Act, and\n> > \n> > > (c) any other Imperial enactment does not affect any rules of law or equity not enacted by the repealed enactment.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Saving","content":"#### 10 Saving\n\n10 Saving\n\n> Where any Imperial enactment not repealed by this Act has been repealed (whether expressly or impliedly), confirmed, revived, or perpetuated by any Imperial enactment hereby repealed, the first-mentioned repeal, or the confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Revival of repealed enactments","content":"#### 11 Revival of repealed enactments\n\n11 Revival of repealed enactments\n\n> > (1) The Governor may, by proclamation published on the NSW legislation website, declare that any provision (in this section called the revived provision) being the whole or any part of any Imperial enactment repealed by this Act, other than an Imperial enactment mentioned in the First Schedule to this Act, shall be revived as from the date of publication of the proclamation, or a later date to be specified in the proclamation.\n> \n> > (2) On and after the date of revival, the revived provision shall, subject to Acts from time to time in force, and subject to subsection three of this section, have such effect in New South Wales as the revived provision had in New South Wales immediately before the commencement of this Act.\n> \n> > (3) The revival under this section of any revived provision shall not—\n> > \n> > > (a) affect the previous operation of any repeal worked by section eight of this Act,\n> > \n> > > (b) affect anything duly done or suffered before the date of revival,\n> > \n> > > (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred before the date of revival, or any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation or liability, or\n> > \n> > > (d) make any person liable for any penalty, forfeiture or punishment in respect of anything done or omitted before the date of revival.\n> \n> > (4) Every such proclamation shall be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.\n> \n> > (5) If either House passes a resolution of which notice has been given at any time within fifteen sitting days after the proclamation has been laid before such House disallowing any proclamation or part thereof, the proclamation or part thereupon ceases to have effect.\n> \n> **s 11:** Am 2009 No 56, Sch 4.29.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Substituted enactments","content":"# Part 3 Substituted enactments\n\nPart 3 Substituted enactments","sortOrder":14},{"sectionNumber":"Division 1","sectionType":"division","heading":null,"content":"## Division 1\n\nDivision 1\n\n12–15 (Repealed)\n\n**pt 3, div 1:** Rep 2020 No 24, Sch 1.7.\n\n**s 12:** Am 2009 No 49, Sch 2.28. Rep 2020 No 24, Sch 1.7.\n\n**ss 13–15:** Rep 2020 No 24, Sch 1.7.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Calendar","content":"## Division 2 Calendar\n\nDivision 2 Calendar\n\n24 George II c 23—The Calendar (New Style) Act 1750—ss 1, 2 and 3.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Provisions relating to calendar","content":"#### 16 Provisions relating to calendar\n\n16 Provisions relating to calendar\n\n> > (1) The first day of January in every year shall be the first day of the year, and each new year shall accordingly commence and be reckoned from the first day of every month of January and all acts, deeds, writings, notes, and other instruments, of what nature or kind soever, hereafter made, executed, or signed shall bear date according to the said method of reckoning, being the reckoning instituted by the Imperial Act 24 George II c 23, known as The Calendar (New Style) Act 1750.\n> \n> > (2) The several years two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other hundredth year in time to come, except only every fourth hundredth year, of which the year two thousand shall be the first, shall not be leap years, but shall be common years consisting of three hundred and sixty-five days, and no more; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year from the said year two thousand inclusive, and also all other years which by the reckoning in use before the first day of January, one thousand seven hundred and fifty-two (being the date for the commencement of the calendar or reckoning instituted by the said Imperial Act, The Calendar (New Style) Act 1750) would have been leap years, shall in all times to come be leap years, consisting of three hundred and sixty-six days, in the same manner as was before the said first day of January, one thousand seven hundred and fifty-two used with respect to every fourth year.\n> \n> > (3) The months, the enumeration of days in the respective months, and the ordering of the days of the week and Easter Day, shall be determined in accordance with the calendar, table and rules annexed to the said Imperial Act, The Calendar (New Style) Act 1750.","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":null,"content":"## Division 3\n\nDivision 3\n\n17 (Repealed)\n\n**pt 3, div 3 (s 17):** Rep 1993 No 10, sec 27.","sortOrder":18},{"sectionNumber":"Division 4","sectionType":"division","heading":"Forcible entries and detainers","content":"## Division 4 Forcible entries and detainers\n\nDivision 4 Forcible entries and detainers\n\n5 Richard II St 1 c 7—The Forcible Entry Act 1381.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Forcible entry","content":"#### 18 Forcible entry\n\n18 Forcible entry\n\n8 Henry VI c 9—The Forcible Entry Act 1429; 31 Elizabeth c 11—The Forcible Entry Act 1588.\n\n> No person shall make any entry into any land except where such entry is given by law and, in such case, with no more force than is reasonably necessary.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Forcible detainer","content":"#### 19 Forcible detainer\n\n19 Forcible detainer\n\n> No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Penalty","content":"#### 20 Penalty\n\n20 Penalty\n\n> Any person who contravenes section eighteen or section nineteen of this Act shall be guilty of an indictable offence and liable to imprisonment for a term of not more than one year or to a fine not exceeding 10 penalty units or to both such imprisonment and fine.\n> \n> **s 20:** Am 1993 No 47, Sch 1; 1993 No 108, Sch 2; 1999 No 94, Sch 4.117.","sortOrder":22},{"sectionNumber":"Division 5","sectionType":"division","heading":"Guardians","content":"## Division 5 Guardians\n\nDivision 5 Guardians\n\n12 Charles II c 24—The Tenures Abolition Act 1660—s 9.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Powers of guardian","content":"#### 21 Powers of guardian\n\n21 Powers of guardian\n\n> > (1) A guardian of a minor appointed by deed or will may take into his custody and management to the use of the minor the real and personal estate of the minor till the age of eighteen years or any lesser time according to the terms of the appointment of the guardian, and may bring such actions in relation to the real and personal estate of the minor as by law a guardian in common socage might have done, or may bring such other proceedings as may be necessary to give effect to all or any of his powers under this section.\n> \n> > (2) In this section minor means a person under the age of eighteen years.\n> \n> **s 21:** Am 1970 No 60, First Sch.","sortOrder":24},{"sectionNumber":"Division 6","sectionType":"division","heading":"Insurance—life, fire and other policies","content":"## Division 6 Insurance—life, fire and other policies\n\nDivision 6 Insurance—life, fire and other policies\n\n14 George III c 48—The Life Assurance Act 1774.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Existing insurances not affected by this Division","content":"#### 22 Existing insurances not affected by this Division\n\n22 Existing insurances not affected by this Division\n\n> This Division does not apply to insurances made before the commencement of this Act.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Insurable interest","content":"#### 23 Insurable interest\n\n23 Insurable interest\n\n> > (1) No insurance shall be made by any person on the life of any person or on any other event whatsoever wherein the person for whose use or benefit or on whose account the policy is made has no interest, or by way of gaming or wagering; and every assurance made contrary to this subsection shall be void.\n> \n> > (2) It shall not be lawful to make any policy on the life of any person, or on any other event whatsoever, wherein the person effecting the policy has no interest, without inserting in such policy the names of the persons interested therein, or for whose use or benefit or on whose account such policy was made.\n> \n> > (3) In all cases where there is an interest in such life or other event, no greater sum shall be recovered or received from the insurer than the amount or value of the interest.\n> \n> > (4) Nothing in this Division shall extend to insurance made by any person on ships or goods, or to contracts of indemnity against loss by fire or loss by other events whatsoever.","sortOrder":27},{"sectionNumber":"Division 7","sectionType":"division","heading":"Insurance—marine","content":"## Division 7 Insurance—marine\n\nDivision 7 Insurance—marine\n\n19 George II c 37—The Marine Insurance Act 1745; 28 George III c 56—The Marine Insurance Act 1788.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Application of Division","content":"#### 24 Application of Division\n\n24 Application of Division\n\n> This Division applies to State marine insurance within the limits of New South Wales.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Existing contracts not affected","content":"#### 25 Existing contracts not affected\n\n25 Existing contracts not affected\n\n> This Division does not apply to contracts of marine insurance made before the commencement of this Act.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Avoidance of wagering or gaming contracts","content":"#### 26 Avoidance of wagering or gaming contracts\n\n26 Avoidance of wagering or gaming contracts\n\n> > (1) Every contract of marine insurance by way of gaming or wagering is void.\n> \n> > (2) A contract of marine insurance is deemed to be a gaming or wagering contract—\n> > \n> > > (a) where the assured has not an insurable interest, and the contract is entered into with no expectation of acquiring such an interest, or\n> > \n> > > (b) where the policy is made “interest or no interest”, or “without further proof of interest than the policy itself”, or “without benefit of salvage to the insurer”, or subject to any other like term—\n> > \n> > Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Contracts must be embodied in policy","content":"#### 27 Contracts must be embodied in policy\n\n27 Contracts must be embodied in policy\n\n> Subject to the provisions of any Act, a contract of marine insurance is inadmissible in evidence in an action for the recovery of a loss under the contract unless it is embodied in a marine policy in accordance with this Division. The policy may be executed and issued either at the time when the contract is concluded or afterwards.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"What policy must specify","content":"#### 28 What policy must specify\n\n28 What policy must specify\n\n> A marine policy must specify—\n> \n> > (a) the name of the assured, or of some person who effects the insurance on his behalf,\n> \n> > (b) the subject-matter insured and the risk insured against,\n> \n> > (c) the voyage, or period of time, or both as the case may be, covered by the insurance,\n> \n> > (d) the sum or sums insured, and\n> \n> > (e) the name or names of the insurers.","sortOrder":33},{"sectionNumber":"Division 8","sectionType":"division","heading":null,"content":"## Division 8\n\nDivision 8\n\n29, 30 (Repealed)\n\n**pt 3, div 8:** Rep 2002 No 27, sec 16.\n\n**s 29:** Subst 1975 No 65, sec 13. Rep 2002 No 27, sec 16.\n\n**s 30:** Rep 1999 No 94, Sch 4.29.","sortOrder":34},{"sectionNumber":"Division 9","sectionType":"division","heading":"Landlord and tenant","content":"## Division 9 Landlord and tenant\n\nDivision 9 Landlord and tenant","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31 (Repealed)","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Voluntary waste","content":"#### 32 Voluntary waste\n\n32 Voluntary waste\n\n> **s 32, hdg:** Rep 2001 No 56, Sch 3.2.\n> \n> > (1) A tenant for life or lives or a leasehold tenant shall not commit voluntary waste.\n> \n> > (2) Nothing in subsection one of this section applies to any estate or tenancy without impeachment of waste, or affects any licence or other right to commit waste.\n> \n> > (3) In subsection one of this section leasehold tenant includes a tenant for a term, a tenant under a periodical tenancy, a tenant under a tenancy to which section one hundred and twenty-seven of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), as amended by subsequent Acts, applies, and a tenant at will.\n> \n> > (4) A tenant who infringes subsection one of this section is liable in damages to his remainderman or reversioner but this section imposes no criminal liability.\n> \n> > (5) This section does not affect the operation of any event which may determine a tenancy at will.","sortOrder":38},{"sectionNumber":"Division 10","sectionType":"division","heading":"Legal procedure—actions on bonds","content":"## Division 10 Legal procedure—actions on bonds\n\nDivision 10 Legal procedure—actions on bonds\n\n8 and 9 William III c 11—The Administration of Justice Act 1696—s 8.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Assignment of breaches, payment of damages etc","content":"#### 33 Assignment of breaches, payment of damages etc\n\n33 Assignment of breaches, payment of damages etc\n\n4 and 5 Anne c 3 (or c 16)—The Administration of Justice Act 1705—ss 12 and 13.\n\n> > (1) In any action on any bond or on any penal sum for non-performance of any covenant or agreement, the plaintiff may assign as many breaches as he thinks fit, and may recover not only such damages as have been usually awarded in such cases, but also damages for such of the said breaches so assigned as the plaintiff proves to have occurred.\n> \n> > (2) If interlocutory judgment in any such case is given for the plaintiff by confession or in default of appearance or of pleading, the plaintiff may suggest as many breaches of the covenants and agreements as he thinks fit, and may on proof of such breaches recover damages accordingly.\n> \n> > (3) If the defendant after judgment and before execution pays into the court where the action is brought to the use of the plaintiff such damages together with the costs of the action, or if by reason of any execution the plaintiff is fully paid or satisfied all such damages together with his costs of the action and all reasonable charges and expenses for the said execution, further proceedings on the said judgment shall be stayed. But the judgment shall remain as a further security to answer to the plaintiff such damages as are sustained for further breach of such covenant or agreement, and upon any such breach the plaintiff may summon the defendant to show cause why execution should not be had or awarded upon the said judgment, upon which there shall be the like proceeding or such other proceeding as may be ordered for inquiry as to such breaches and assessing damages thereon; and upon payment or satisfaction in manner as aforesaid of such future damages costs charges and expenses as aforesaid all further proceedings on the said judgment shall to the like extent again be stayed.","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Action of debt brought on a bond after money paid etc","content":"#### 34 Action of debt brought on a bond after money paid etc\n\n34 Action of debt brought on a bond after money paid etc\n\n> > (1) Where an action is brought upon any bond which has a condition or defeasance to make void the same upon payment of a lesser sum at a day or place certain, if the obligor has before the action brought paid to the obligee the principal and interest due by the defeasance or condition of such bond, though such payment was not made strictly according to the condition or defeasance, it may nevertheless be pleaded in bar of such action; and shall be as effectual a bar thereof as if the money had been paid at the day and place according to the condition or defeasance and had been so pleaded.\n> \n> > (2) If at any time pending an action upon any such bond with a penalty the defendant brings into court all the principal money and interest due on such bond and also all costs properly chargeable by the plaintiff against the defendant in respect of any proceedings upon such bond, the money so brought in shall be in full satisfaction and discharge of the bond.","sortOrder":41},{"sectionNumber":"Division 11","sectionType":"division","heading":"Libels—blasphemous and seditious libels","content":"## Division 11 Libels—blasphemous and seditious libels\n\nDivision 11 Libels—blasphemous and seditious libels\n\n60 George III and 1 George IV c 8—The Criminal Libel Act 1819—ss 1, 2 and 8.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Seizure of copies of libels","content":"#### 35 Seizure of copies of libels\n\n35 Seizure of copies of libels\n\n> > (1) In every case in which any verdict or judgment shall be had against any person for composing, printing, or publishing any blasphemous libel, or any seditious libel tending to bring into hatred or contempt the person of Her Majesty, Her heirs or successors, or the government and constitution of the State of New South Wales as by law established, or either House of Parliament, or to excite Her Majesty’s subjects to attempt the alteration of any matter as by law established, otherwise than by lawful means, the judge or the court before whom or in which such verdict shall have been given, or the court in which such judgment shall be had, may make an order for the seizure and carrying away and detaining in safe custody, in such manner as shall be directed in such order, all copies of the libel which shall be in the possession of the person against whom such verdict or judgment shall have been had, or in the possession of any other person named in the order for his use, evidence upon oath having been previously given to the satisfaction of such court or judge, that a copy or copies of the said libel is or are in the possession of such other person for the use of the person against whom such verdict or judgment shall have been had as aforesaid; and in every such case it shall be lawful for any justice of the peace or for any person acting under any such order, or for any person acting with or in aid of any such justice of the peace, or other person, to search for any copies of such libel in any house, building, or other place whatsoever belonging to or occupied by the person against whom any such verdict or judgment shall have been had, or belonging to or occupied by any other person so named, in whose possession any copies of any such libel, belonging to the person against whom any such verdict or judgment shall have been had, shall be; and in case admission shall be refused or not obtained within a reasonable time after it shall have been first demanded, to enter by force by day into any such house, building, or place whatsoever, and to carry away all copies of the libel there found, and to detain the same in safe custody, until the same shall be restored under the provisions of this section, or disposed of according to any further order made in relation thereto.\n> \n> > (2) If in any such case as aforesaid judgment shall be stayed, or if, after judgment shall have been entered, the same shall be reversed, all copies so seized shall be forthwith returned to the person from whom the same shall have been so taken as aforesaid, free of all charge and expense, and without the payment of any fees whatsoever; and in every case in which final judgment shall be entered upon the verdict so found against the person charged with having composed, printed, or published such libel, then all copies so seized shall be disposed of as the court in which such judgment shall be given shall order and direct.\n> \n> > (3) Any proceeding which shall be brought for any thing done in pursuance of this section, shall be commenced within six months next after the thing done; and the defendant in every such proceeding may plead the general issue, and give this section and the special matter in evidence at any trial to be had thereupon; and if proceedings shall be brought or commenced after the time limited for bringing the same, there shall be a verdict for the defendant.","sortOrder":43},{"sectionNumber":"Division 12","sectionType":"division","heading":"Real property","content":"## Division 12 Real property\n\nDivision 12 Real property\n\n18 Edward I St 1 (Quia Emptores) cc 1 and 3; 34 Edward III c 15","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Alienation of fee simple","content":"#### 36 Alienation of fee simple\n\n36 Alienation of fee simple\n\n12 Charles II c 24—The Tenures Abolition Act 1660—s 4.\n\n> Land held of the Crown in fee simple may be assured in fee simple without licence and without fine and the person taking under the assurance shall hold the land of the Crown in the same manner as the land was held before the assurance took effect.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Tenure","content":"#### 37 Tenure\n\n37 Tenure\n\n> All tenures created by the Crown by way of the alienation of an estate in fee simple in land after the commencement of this Act shall be taken to be in free and common socage without any incident of tenure for the benefit of the Crown.\n> \n> **s 37:** Am 1980 No 196, Sch 1.","sortOrder":46},{"sectionNumber":"Division 13","sectionType":"division","heading":"Recovery of property on determination of a life or lives","content":"## Division 13 Recovery of property on determination of a life or lives\n\nDivision 13 Recovery of property on determination of a life or lives\n\n18 and 19 Charles II c 11—The Cestui que Vie Act 1666; 6 Anne c 72 (or c 18)—The Cestui que Vie Act 1707.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Property—determination of a life or lives","content":"#### 38 Property—determination of a life or lives\n\n38 Property—determination of a life or lives\n\n> > (1) Every person having any estate or interest in any property determinable upon a life or lives who, after the determination of such life or lives without the express consent of the person next immediately entitled upon or after such determination, holds over or continues in possession of such property estate or interest, or of the rents, profits or income thereof, shall be liable in damages or to an account for such rents and profits, or both, to the person entitled to such property, estate, interest, rents, profits or income after the determination of such life or lives.\n> \n> > (2) Where a reversion remainder or other estate or interest in any property is expectant upon the determination of a life or lives, the reversioner remainderman or other person entitled to such reversion remainder or other estate or interest may in any proceeding claiming relief on the basis that such life or lives has or have determined, adduce evidence of belief that such life or lives has or have been determined and of the grounds of such belief, and thereupon the court may in its discretion order that unless the person or persons on whose life or lives such reversion remainder or other estate or interest is expectant is or are produced in court or is or are otherwise shown to be living, such person or persons shall for the purposes of such proceedings be accounted as dead, and relief may be given accordingly.\n> \n> > (3) If in such proceedings the lastmentioned person is shown to have remained beyond Australia, or otherwise absented himself from the place in which if in Australia he might be expected to be found, for the space of seven years or upwards, such person, if not proved to be living, shall for the purposes of such proceedings be accounted as dead, and relief may be given accordingly.\n> \n> > (4) If in any such proceedings judgment has been given against the plaintiff, and afterwards such plaintiff brings subsequent proceedings upon the basis that such life has determined, the court may make an order staying such proceedings permanently or until further order or for such time as may be thought fit.\n> \n> > (5) If in consequence of the judgment given in any such proceedings, any person having any estate or interest in any property determinable on such life or lives has been evicted from or deprived of any property or any estate or interest therein, and afterwards it appears that such person or persons on whose life or lives such estate or interest depends is or are living or was or were living at the time of such eviction or deprivation, the court may give such relief as is appropriate in the circumstances.","sortOrder":48},{"sectionNumber":"Division 14","sectionType":"division","heading":"Religious worship—disturbance of","content":"## Division 14 Religious worship—disturbance of\n\nDivision 14 Religious worship—disturbance of\n\n1 William and Mary c 18—The Toleration Act 1688—s 15; 52 George III c 155—The Places of Religious Worship Act 1812—s 12","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Disturbing religious worship","content":"#### 39 Disturbing religious worship\n\n39 Disturbing religious worship\n\n> Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled, shall be liable upon summary conviction to a penalty not exceeding 1 penalty unit or to imprisonment for a term not exceeding two months.\n> \n> **s 39:** Am 1993 No 47, Sch 1.","sortOrder":50},{"sectionNumber":"Division 15","sectionType":"division","heading":"Bailiff","content":"## Division 15 Bailiff\n\nDivision 15 Bailiff\n\n**pt 3, div 15, hdg:** Am 1970 No 52, Second Sch.\n\n32 George II c 28—The Debtors Imprisonment Act 1758—ss 1, 3 and 4.","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Duties on arrest of civil debtors","content":"#### 40 Duties on arrest of civil debtors\n\n40 Duties on arrest of civil debtors\n\n> > (1) Where any bailiff or other officer arrests or has in custody upon mesne process any person in the course of a civil proceeding such officer shall not—\n> > \n> > > (a) convey such person without his free consent to any premises licensed for the sale of intoxicating liquor or any registered club, or to the private house of such officer or any tenant or relative of such officer; nor\n> > \n> > > (b) charge such person with any sum for, or procure him to call or pay for, any liquor, food, or thing whatsoever, except what he freely asks for; nor\n> > \n> > > (c) take such person to any gaol within twenty-four hours of his arrest, unless such person fails to name or refuses to be carried to some safe and convenient house of his own nomination, being within a reasonable distance of the place at which he was arrested, and not being the private dwelling-house of such person,\n> > \n> > but shall during such twenty-four hours permit such person to send for and to have brought to him at reasonable times in the day and in reasonable quantities any food or liquor from what place he thinks fit, and also to have and use such bedding, linen, and other necessary things as he has occasion for or is supplied with, and shall not require any payment for the use thereof or restrict the use thereof.\n> \n> > (2) Where a bailiff or other officer makes an arrest to which this section applies he shall as promptly as reasonably possible inform the person arrested of the effect of subsection one of this section.\n> \n> **s 40:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).","sortOrder":52},{"sectionNumber":"Division 16","sectionType":"division","heading":"Sunday","content":"## Division 16 Sunday\n\nDivision 16 Sunday\n\n29 Charles II c 7—The Sunday Observance Act 1677—s 6","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":null,"content":"#### 41\n\n41 (Repealed)","sortOrder":54},{"sectionNumber":"Division 17","sectionType":"division","heading":"Witnesses—habeas corpus for prisoners","content":"## Division 17 Witnesses—habeas corpus for prisoners\n\nDivision 17 Witnesses—habeas corpus for prisoners\n\n44 George III c 102—The Habeas Corpus Act 1804.","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":null,"content":"#### 42\n\n42 (Repealed)","sortOrder":57},{"sectionNumber":"Part 4","sectionType":"part","heading":"Penalties","content":"# Part 4 Penalties\n\nPart 4 Penalties","sortOrder":59},{"sectionNumber":"43","sectionType":"section","heading":"Offences—penalties","content":"#### 43 Offences—penalties\n\n43 Offences—penalties\n\n> Any person guilty of any offence under any Imperial enactment included in Part 1 of the Second Schedule for which no punishment is otherwise provided is liable to imprisonment for a term of not more than five years or to a fine not exceeding 20 penalty units, or to both such imprisonment and fine.\n> \n> **s 43:** Am 1993 No 47, Sch 1.","sortOrder":60},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n(Section 5)\n\n| Imperial enactment | Substituted provision of this Act | Division of Part 3 |\n| (1267) 52 Henry III (Statute of Marlborough) c 23 | s 32 | Division 9 |\n| (1289–90) 18 Edward I (st 1) (Quia Emptores) cc 1 and 3. | s 36 | Division 12 |\n| (1326–7) 1 Edward III St 2 c 16 | s 29 | Division 8 |\n| (1344) 18 Edward III St 2 c 2 | s 29 | Division 8 |\n| (1351–2) 25 Edward III St 5 c 5 | s 13 | Division 1 |\n| (1357) 31 Edward III St 1 c 11 | s 14 | Division 1 |\n| (1360–1) 34 Edward III c 1 (The Justices of the Peace Act 1361) | s 30 | Division 8 |\n| (1361) 34 Edward III c 15 | s 36 | Division 12 |\n| (1381–2) 5 Richard II St 1 c 7 (The Forcible Entry Act 1381) | s 18 | Division 4 |\n| (1429) 8 Henry VI c 9 (The Forcible Entry Act 1429) | s 19 | Division 4 |\n| (1588–9) 31 Elizabeth c 11 (The Forcible Entry Act 1588) | s 19 | Division 4 |\n| (1660) 12 Charles II c 24 (The Tenures Abolition Act 1660)— |  |  |\n| s 4 | s 37 | Division 12 |\n| s 9 | s 21 | Division 5 |\n| (1666) 18 and 19 Charles II c 11 (The Cestui que Vie Act 1666) | s 38 | Division 13 |\n| (1677) 29 Charles II c 7 (The Sunday Observance Act 1677), s 6 | s 41 | Division 16 |\n| (1678) 30 Charles II c 7 | s 15 | Division 1 |\n| (1685) 1 James II c 17, s 6 | s 14 | Division 1 |\n| (1688) 1 William and Mary c 18 (The Toleration Act 1688), s 15 | s 39 | Division 14 |\n| (1692) 4 William and Mary c 24, s 12 | s 15 | Division 1 |\n| (1696–7) 8 and 9 William III c 11 (The Administration of Justice Act 1696), s 8 | s 33 | Division 10 |\n| (1705) 4 and 5 Anne c 3 (or c 16) (The Administration of Justice Act 1705), ss 12 and 13 | s 34 | Division 10 |\n| (1707) 6 Anne c 72 (or c 18) (The Cestui que Vie Act 1707) | s 38 | Division 13 |\n| (1737) 11 George II c 19 (The Distress for Rent Act 1737), s 14 | s 31 | Division 9 |\n| (1745) 19 George II c 37 (The Marine Insurance Act 1745) | s 26 | Division 7 |\n| (1750) 24 George II c 23 (The Calendar (New Style) Act 1750), ss 1, 2 and 3 | s 16 | Division 2 |\n| (1758–9) 32 George II c 28 (The Debtors Imprisonment Act 1758), ss 1, 3 and 4 | s 40 | Division 15 |\n| (1774) 14 George III c 48 (The Life Assurance Act 1774) | s 23 | Division 6 |\n| (1788) 28 George III c 56 (The Marine Insurance Act 1788) | ss 27, 28 | Division 7 |\n| (1804) 44 George III c 102 (The Habeas Corpus Act 1804) | s 42 | Division 17 |\n| (1812) 52 George III c 101 (The Charities Procedure Act 1812) | s 17 | Division 3 |\n| (1812) 52 George III c 155 (The Places of Religious Worship Act 1812), s 12 | s 39 | Division 14 |\n| (1819) 60 George III and 1 George IV c 8 (The Criminal Libel Act 1819), ss 1, 2 and 8 | s 35 | Division 11 |","sortOrder":61},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSecond Schedule\n\n**Second Sch:** Am 2013 No 53, sec 6 (1) (2).\n\n**Note:** Ins by Parliamentary Counsel.","sortOrder":62},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Enactments applying irrespective of 9 George IV c 83","content":"# Schedule 3 Enactments applying irrespective of 9 George IV c 83\n\nThird Schedule Enactments applying irrespective of 9 George IV c 83\n\n(A) Criminal law enactments\n\n| (1698–9) | 11 William III c 12 | Crimes by Governors of Colonies. |\n| (1772) | 12 George III c 24 | The Dockyards, &c Protection Act 1772. |\n| (1802) | 42 George III c 85, s 1 | The Criminal Jurisdiction Act 1802. |\n| (1812) | 52 George III c 156 | The Prisoners of War (Escape) Act 1812. |\n| (1824) | 5 George IV c 113 | The Slave Trade Act 1824. |\n\n(B) Miscellaneous\n\n| (1813) | 54 George III c 15, s 4 | The New South Wales (Debts) Act 1813. |\n| (1821) | 1 and 2 George IV c 121, ss 27–29 | The Commissariat Accounts Act 1821. |","sortOrder":65}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":593},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: repealing obsolete Imperial enactments and preserving or substituting those still needed. While some Divisions in Part 3 have been repealed over time (notably Divisions 1, 3, and 8), this represents pruning rather than scope expansion. The core function of managing inherited British law has not changed."},"complexity_factors":["Extensive cross-referencing between three schedules and multiple parts of the Act","Numerous repealed and substituted provisions creating a patchwork of old and new law","Preservation of ancient statutes in original Middle English/early modern English form","Conditional logic throughout (e.g., 'except so far as affected by State Acts', 'unless inconsistent with the context')","Nested definitions and savings provisions (sections 9-11) protecting rights accrued under repealed laws","Requirement to read the Act subject to the Commonwealth Constitution and State legislative power limits","Historical references requiring knowledge of 1828 Australian Courts Act and pre-1828 English legal history"],"plain_english_summary":"This Act is a **legal housekeeping exercise** from 1969 that tidied up centuries of old British (\"Imperial\") laws still technically in force in New South Wales.\n\n**What it does:**\n- **Repeals** most ancient English statutes that had been automatically imported to NSW by the *Australian Courts Act 1828* — laws dating back to 1235 (the Statute of Merton) through to 1828.\n- **Preserves** certain fundamental British laws in a \"Second Schedule\" — including Magna Carta (1297), the Petition of Right (1628), the Bill of Rights (1688), and habeas corpus protections. These remain part of NSW law.\n- **Replaces** some repealed laws with modern NSW versions in \"Part 3\" — covering things like:\n  - Calendar rules (leap years, etc.)\n  - Forcible entry and detainer (using violence to enter or keep property)\n  - Insurance law (preventing gambling on lives or marine cargo)\n  - Landlord and tenant obligations\n  - Powers of guardians for minors\n  - Procedures for legal actions on bonds\n  - Disturbing religious worship\n  - Duties of bailiffs arresting civil debtors\n\n**Who it affects:**\nPrimarily lawyers, judges, and anyone dealing with property law, insurance, or historical legal references. Ordinary people rarely encounter this directly, but it underpins many everyday legal rules.\n\n**Why it matters:**\nWithout this Act, NSW would still be technically governed by hundreds of medieval and early modern English laws. The Act brought legal clarity while protecting the constitutional \"safety net\" of fundamental liberties."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of clarifying which Imperial Acts apply in NSW. Multiple amendments over the years (2001, 2003, 2009, 2015, 2020) suggest periodic maintenance and updating, but no evidence of a fundamental shift in scope is apparent from the information provided."},"complexity_factors":["Requires deep knowledge of Australian constitutional and legal history to understand context","Involves interpreting the relationship between Imperial (British) law and state law — a specialised area of law","Determining which old British laws still apply requires cross-referencing centuries of legislation across two legal systems","The Act has been amended multiple times over decades, creating layered versions that must be read together","Intersection with Commonwealth laws on Australia's independence (such as the Australia Acts 1986) adds another layer","Full substantive text was not available for analysis, limiting certainty about specific provisions","The historical and constitutional law concepts involved are not widely understood even among practising lawyers"],"plain_english_summary":"## Imperial Acts Application Act 1969 (NSW)\n\nThis NSW law deals with a very specific historical legal question: **which old British (Imperial) laws still apply in New South Wales?**\n\nWhen Australia was colonised, British laws automatically applied here. Over time, as Australia became independent and NSW developed its own parliament, there was a legal mess — hundreds of old English and British Acts (laws passed by the UK Parliament) were technically still on the books in NSW, but nobody was quite sure which ones still applied, which had been replaced, and which were simply irrelevant.\n\n**What this Act does:**\n- It acts as a 'housekeeping' law that sorts out the status of these old Imperial (British) laws in NSW\n- It identifies which Imperial Acts continue to have force in NSW and which do not\n- It effectively draws a line in the sand, clarifying the legal landscape inherited from British rule\n\n**Who does this affect?**\n- Primarily lawyers, judges, and courts who need to know whether old British laws still apply to a legal dispute\n- Historians and legal researchers interested in the foundations of Australian law\n- In rare cases, ordinary people involved in legal matters where very old legal principles (like rights tracing back to Magna Carta) might be relevant\n\n**Why does it matter?**\nWithout this kind of law, courts would face enormous uncertainty every time someone argued an old British law applied. This Act provides clarity and is still technically in force today, though its day-to-day practical impact on most people's lives is minimal.\n\n**Note:** Only the metadata and status information of this Act was available for analysis — the actual substantive provisions (the detailed rules) were not included in the text provided."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as drafted and printed in the supplied source has been altered from its original enactments by later repeals and amendments noted in the text. Several provisions of Part 3 and individual sections (for example, ss 12–15, s 17, ss 29–31, s 41, s 42) are recorded as repealed or amended in later instruments (see annotations within Part 3 and other divisions). Those later repeals change which Imperial enactments are substituted or retained and narrow or remove parts of the Act that originally sought to reproduce certain Imperial provisions. The Second Schedule has also been amended (annotation at head of Schedule). These post-enactment changes affect the original scope of substitutions, preservations and textual coverage that the Act first established (see the repeal annotations throughout Part 3 and the Schedule notes)."},"complexity_factors":["Multiple cross-referenced Schedules (First, Second, Third) that map Imperial enactments to substituted or preserved provisions (s 5; First and Second Schedules).","Mixture of repeal, preservation and substitution rules operating simultaneously (ss 5–8, First and Second Schedules).","Governor’s executive revival power constrained by parliamentary disallowance, creating a two-step legal-change process with time-limited parliamentary oversight (s 11(1),(4)–(5)).","Substantive provisions drawn from many centuries of Imperial statutes across diverse legal topics (calendar, property, insurance, libel, habeas corpus, etc.), increasing interpretive complexity (Part 3 divisions and Schedules).","Interplay between substituted provisions and existing State Acts where State law prevails in inconsistency (s 5(4)), requiring reconciliation by courts and drafters.","Savings and non-revival clauses that preserve legal effects of past acts while preventing unwanted revivals (ss 9–10, s 11(3)), producing layered transitional rules.","Scattered penalties and procedural requirements across the Act (ss 20, 35, 39, 43), producing multiple compliance and enforcement pathways.","Numerous later amendments and repeals recorded in the text (annotations showing sections repealed or amended), meaning the operative text has changed over time and practitioners must track those changes."],"plain_english_summary":"### What this law does, in plain language\n\n- The Act sets out which old English (\"Imperial\") statutes are treated as part of New South Wales law, which of those are repealed, and which modernised State provisions replace them. It also creates a mechanism for reviving some repealed Imperial provisions if the Governor so proclaims. (See ss 4–6, 5(1)–(3), 8 and 11.)\n\n- Mechanically: the First Schedule lists specific Imperial enactments that the Act declares had been in force in New South Wales and then repeals those Imperial enactments for New South Wales while substituting corresponding provisions in Part 3. (s 5 and First Schedule.) The Second Schedule lists Imperial enactments that the Act preserves as still in force. (s 6 and Second Schedule.) The Act also generally repeals other Imperial enactments that had been in force by virtue of the Imperial Act 9 George IV c 83, subject to the savings and exceptions in the statute. (s 8, s 7.)\n\n- The Act contains a set of specific substantive rules (in Part 3, divided into topics such as calendar rules (s 16), forcible entry and detainer (ss 18–20), powers of guardians (s 21), insurance rules including insurable interest and marine insurance formalities (ss 22–28), landlord–tenant rule against voluntary waste (s 32), procedures on bonds (ss 33–34), seizure after criminal libel conviction (s 35), rules about land tenure and alienation (ss 36–37), recovery on termination of life estates (s 38), disturbance of religious worship (s 39), duties of bailiffs when arresting civil debtors (s 40), and habeas corpus-related enactments listed in the Schedules). The Act also sets default penalties where an Imperial enactment preserved in Part 1 of the Second Schedule creates an offence but provides no punishment. (s 43.)\n\n### Who this affects, and who decides\n\n- Affected parties include courts (asked to apply substituted provisions and to carry out seizure and other orders — e.g. s 35), person(s) subject to offences derived from preserved or substituted Imperial laws (see ss 18–20, 35, 39, 43), insurers and assureds (rules on insurable interest and policy content — ss 23, 27–28), landholders (tenure and alienation rules — ss 36–37), guardians of minors (s 21), bailiffs and persons arrested on civil process (s 40), and anyone dealing with references in State Acts to Imperial enactments (s 5(6)).\n\n- Key decision-makers and powers: the Governor appoints the commencement day and may, by proclamation, revive repealed Imperial provisions (s 1(2), s 11(1)). Courts make seizure orders, assess damages, and impose penalties under the Act (see ss 20, 35, 43). If the Governor revives a repealed Imperial provision by proclamation, both Houses of Parliament have a window in which they can disallow that proclamation (s 11(4)–(5)).\n\n### Why it matters (official claim and an operational test)\n\n- The Act explicitly treats many historical Imperial statutes as having been in force in New South Wales from the date they first applied and then either preserves, repeals, or substitutes them with specific provisions in this Act (s 5(1)–(3), s 6, s 8). The Act therefore clarifies which very old English statutes continue to operate in the State and which do not. (Claim = legal tidy-up and clarification; source = ss 5–8 and Schedules.)\n\n- Testing that claim against operational trade-offs and costs (source-grounded):\n  - Clarity vs interpretation cost: substituting a State provision for an Imperial enactment (s 5(3)) centralises the text to refer to. That aims to reduce reliance on external Imperial texts, but it requires lawyers, judges and drafters to map historic references to the new substituted provisions (s 5(6)) and to have regard to the Imperial context when construing the new provision (s 5(5)). That creates an upfront interpretive cost for courts and practitioners.\n  - Executive discretion with parliamentary oversight: the Governor can revive a repealed Imperial provision by proclamation (s 11(1)). The revival takes effect on publication but must be laid before both Houses and is subject to disallowance within the specified sitting-day windows (s 11(4)–(5)). This places a checkpoint (Parliament) on executive revival power, but it also gives the Governor the practical power to reintroduce historic provisions quickly—introducing implementation risk and potential short-term legal change until Parliament acts.\n  - Compliance and administrative burden: substituted and preserved provisions impose substantive legal obligations and procedural powers (for example, insurers must show insurable interest and specify particulars in policies — ss 23, 28; bailiffs must follow specific rules when arresting on civil process — s 40). Private parties and officials must alter forms and practices to comply. Courts must administer seizure/return under the libel provision (s 35) and apply penalties where the Act prescribes them (ss 20, 39, 43).\n  - Who pays: persons convicted under the offences in the Act may pay fines (expressly measured in penalty units in ss 20, 39, 43) and may face imprisonment (ss 20, 43). The public pays administrative costs (court time, custody). Businesses (insurers, landlords, bailiffs) bear compliance costs to meet the formalities the Act requires (ss 23, 27–28, 32, 40).\n  - Effects on private choice and markets: insurance rules restrict contract freedom in two ways—prohibiting insurance taken purely as wagering without insurable interest and limiting recovery to the value of the interest (s 23); marine insurance must meet formal requirements (ss 26–28). These provisions reduce the scope for speculative contracts and require particular formalities, which affects how insurers and clients structure contracts and may change the distribution of risk-taking in insurance markets. Land tenure rules (ss 36–37) change how land is held of the Crown after alienation—this affects conveyancing and title expectations for holders of Crown land.\n  - Speech and publication: the libel-related provision authorises seizure and detention of copies after a verdict for blasphemous or seditious libel, subject to return if judgment is reversed (s 35). That creates a judicially ordered remedy directed at physical copies where a conviction occurs.\n\n### Important implementation points and limits in the text\n\n- Substituted provisions in Part 3 are to be read subject to other State Acts in force at commencement: where inconsistent, the State Act prevails (s 5(4)).\n- The Act saves prior acts done under repealed Imperial enactments (s 9(1)(b)–(e)); it does not revive things not in force at commencement (s 9(1)(a)).\n- Revival of repealed Imperial provisions is explicitly excluded for Imperial enactments listed in the First Schedule (s 11(1)).\n\n### Sections to look at for particular effects\n\n- Substitution and references in State law: s 5(3), s 5(6).\n- Preservation of listed Imperial enactments: s 6 and Second Schedule.\n- Repeals of Imperial enactments otherwise in force: s 8.\n- Governor revival power and parliamentary disallowance: s 11(1), (4)–(5).\n- Insurance: general exclusion for pre-Act policies (s 22), insurable interest and limits (s 23), marine insurance formalities and voiding wagering policies (ss 24–28).\n- Forcible entry/detainer and penalty: ss 18–20.\n- Seizure of libel copies: s 35.\n- Land tenure and alienation rules: ss 36–37.\n- Bailiff duties on arrest under civil process: s 40.\n- Default penalties for offences under certain preserved Imperial enactments: s 43.\n\nOverall, the Act operates as a statutory mapping exercise that replaces, preserves, or repeals named Imperial laws, embeds selected substantive historic rules into State law, and creates a controlled revival path for other repealed Imperial provisions. The operational effects are legal‑administrative (mapping, interpretation, court processes), compliance costs for affected private actors (insurers, landholders, bailiffs, publishers), and the imposition of specific criminal or civil remedies and penalties set out in the Act (see the cited sections)."}},"importantCases":[],"_links":{"self":"/api/acts/imperial-acts-application-act-1969","history":"/api/acts/imperial-acts-application-act-1969/history","analysis":"/api/acts/imperial-acts-application-act-1969/analysis","conflicts":"/api/acts/imperial-acts-application-act-1969/conflicts","importantCases":"/api/acts/imperial-acts-application-act-1969/important-cases","documents":"/api/acts/imperial-acts-application-act-1969/documents"}}