Version incorporating amendments as at
14 June 2012
table of provisions
Section Page
1 Short title, commencement and division 1
Part I—Consolidating Acts 2
2 Acts in Schedule 1 are consolidating Acts 2
3 Convictions and offences under repealed Acts 2
4 Repeal by implication 3
5 Effect of repeal by Acts in Schedule 1 3
Part II—Unrepealed and Unconsolidated Enactments 5
6 Definition 5
7 Enactments not affected by repeal mentioned in section 9 5
8 Further saving from repeal 5
9 General repeal of enactments 6
10 Powers of the Governor in Council 7
SCHEDULES 9
SCHEDULE 1—Consolidating Acts 9
SCHEDULE 2—General enumeration of enactments in chronological order 18
EndNOTES 48
General Information 48
Table of Amendments 49
Explanatory Details 50
Version No.013
Acts Enumeration and Revision Act 1958
No. 6188 of 1958
Version incorporating amendments as at
14 June 2012
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of the Legislature of Victoria passed before the first of September One thousand nine hundred and fifty-eight shall be repealed and to enumerate the Unrepealed and Unconsolidated Enactments of such Legislatures.
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.
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
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.
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.
s. 10
SCHEDULES
Sch. 1
Ss 2-5.
FIRST SCHEDULE
Acts Interpretation Act 1958
Aborigines Act 1958
Administration and Probate Act 1958
Adoption of Children Act 1958
Agent-General's Act 1958
Agricultural Colleges Act 1958
Agricultural Education Act 1958
Agricultural Lime Act 1958
Air Navigation Act 1958
Anzac Day Act 1958
Apprenticeship Act 1958
Arbitration Act 1958
Architects Act 1958
Auction Sales Act 1958
Audit Act 1958
Bakers and Millers Act 1958
Bank Holidays Act 1958
Barley Marketing Act 1958
Bees Act 1958
Benefit Associations Act 1958
Boilers Inspection Act 1958
Building Societies Act 1958
Business Investigations Act 1958
Business Names Act 1958
Cancer Act 1958
Carriers and Innkeepers Act 1958
Cattle Breeding Act 1958
Cattle Compensation Act 1958
Cemeteries Act 1958
Children's Court Act 1958
Children's Welfare Act 1958
Sch. 1
Clean Air Act 1958
Coal Mines Act 1958
Commercial Goods Vehicles Act 1958
Commonwealth Arrangements Act 1958
The Constitution Act Amendment Act 1958
Co-operation Act 1958
Co-operative Housing Societies Act 1958
Coroners Act 1958
Country Fire Authority Act 1958
Country Roads Act 1958
County Court Act 1958
Crimes Act 1958
Crown Proceedings Act 1958
Dairy Products Act 1958
Developmental Railways Act 1958
Dietitians Registration Act 1958
Dog Act 1958
Drainage Areas Act 1958
Drainage of Land Act 1958
Dried Fruits Act 1958
Education Act 1958
Electric Light and Power Act 1958
Employers and Employés Act 1958
Entertainments Tax Act 1958
Essential Services Act 1958
Estate Agents Act 1958
Evidence Act 1958
Explosives Act 1958
Farm Produce Agents Act 1958
Fences Act 1958
Fertilizers Act 1958
Sch. 1
Firearms Act 1958
Fisheries Act 1958
Footwear Regulation Act 1958
Forests Act 1958
Friendly Societies Act 1958
Fruit and Vegetables Act 1958
Fungicides Act 1958
Game Act 1958
Gaols Act 1958
Gas and Fuel Corporation Act 1958
Gas Regulation Act 1958
Geelong Harbor Trust Act 1958
Geelong Waterworks and Sewerage Act 1958
Gold Buyers Act 1958
Goods Act 1958
Grain Elevators Act 1958
Hairdressers Registration Act 1958
Harbor Boards Act 1958
Hawkers and Pedlers Act 1958
Health Act 1958
Home Finance Act 1958
Horse Breeding Act 1958
Hospital Benefits Act 1958
Hospitals and Charities Act 1958
Housing Act 1958
Imprisonment of Fraudulent Debtors Act 1958
Industrial and Provident Societies Act 1958
Inebriates Act 1958
Instruments Act 1958
Judicial Proceedings Reports Act 1958
Sch. 1
Juries Act 1958
Justices Act 1958
Labour and Industry Act 1958
Land Act 1958
Landlord and Tenant Act 1958
Lands Compensation Act 1958
Land Settlement Act 1958
Land Surveyors Act 1958
Land Tax Act 1958
Latrobe Valley Act 1958
Legal Profession Practice Act 1958
Libraries Act 1958
Licensing Act 1958
Lifts Regulation Act 1958
Limitation of Actions Act 1958
Liquified Petroleum Gas Act 1958
Livery and Agistment Act 1958
Local Authorities Superannuation Act 1958
Local Government Act 1958
Maintenance Act 1958
Margarine Act 1958
Marine Act 1958
Marine Stores and Old Metals Act 1958
Marketing of Primary Products Act 1958
Markets Act 1958
Marriage Act 1958
Masseurs Act 1958
Master and Apprentice Act 1958
Medical Act 1958
Melbourne and Metropolitan Board of Works Act 1958
Sch. 1
Melbourne and Metropolitan Tramways Act 1958
Melbourne Harbor Trust Act 1958
Mental Deficiency Act 1958
Mental Hygiene Act 1958
Metropolitan Fire Brigades Act 1958
Mildura Irrigation and Water Trusts Act 1958
Milk and Dairy Supervision Act 1958
Milk Board Act 1958
Milk Pasteurization Act 1958
Mines Act 1958
Mining Development Act 1958
Ministry of Transport Act 1958
Mint Act 1958
Money Lenders Act 1958
Motor Car Act 1958
National Parks Act 1958
Newmarket Sheep Sales Act 1958
Nurses Act 1958
Opticians Registration Act 1958
Partnership Act 1958
Sch. 1
Patriotic Funds Act 1958
Pawnbrokers Act 1958
Penalties Act 1958
Petroleum Act 1958
Petrol Pumps Act 1958
Poisons Act 1958
Police Offences Act 1958
Police Regulation Act 1958
Poor Persons Legal Assistance Act 1958
Portland Harbor Trust Act 1958
Pounds Act 1958
Printers and Newspapers Act 1958
Process Servers and Inquiry Agents Act 1958
Property Law Act 1958
Public Account Act 1958
Public Authorities Marks Act 1958
Public Contracts Act 1958
Public Safety Preservation Act 1958
Public Service Act 1958
Public Trustee Act 1958
Public Works Act 1958
Public Works Committee Act 1958
Racing Act 1958
Railway Lands Acquisition Act 1958
Railways Act 1958
Registration of Births Deaths and Marriages Act 1958
Religious Successory and Charitable Trusts Act 1958
River Improvement Act 1958
Road Traffic Act 1958
Rural Finance Corporation Act 1958
Sale of Allotments of Land Act 1958
Seamen's Act 1958
Secondhand Dealers Act 1958
Seeds Act 1958
Senate Elections Act 1958
Servants' Registry Offices Act 1958
Settled Land Act 1958
Sewerage Districts Act 1958
Shearers Accommodation Act 1958
Sch. 1
Sheep Dipping Act 1958
Sheep Owners Protection Act 1958
Soil Conservation and Land Utilization Act 1958
Soldier Settlement Act 1958
Solicitor-General Act 1958
Stamps Act 1958
State Development Act 1958
State Electricity Commission Act 1958
State Relief Committee Act 1958
State Savings Bank Act 1958
Statistics Act 1958
Stock and Share Brokers Act 1958
Stock Diseases Act 1958
Stock Foods Act 1958
Stock Medicines Act 1958
Street Trading Act 1958
Superannuation Act 1958
Supreme Court Act 1958
Survey Co-ordination Act 1958
Swine Act 1958
Tattersall Consultations Act 1958
Teaching Service Act 1958
Sch. 1
Temperance Halls Act 1958
Theatres Act 1958
Tobacco Sellers Act 1958
Tourist Act 1958
Town and Country Planning Act 1958
Trade Unions Act 1958
Tramways Act 1958
Transfer of Land Act 1958
Transport Regulation Act 1958
Trustee Act 1958
Trustee Companies Act 1958
Unauthorized Documents Act 1958
Unclaimed Moneys Act 1958
University Act 1958
Unlawful Assembles and Processions Act 1958
Vegetation and Vine Diseases Act 1958
Venereal Diseases Act 1958
Verminand Noxious Weeds Act 1958
Veterinary Surgeons Act 1958
Victorian Inland Meat Authority Act 1958
Warehousemen's Liens Act 1958
Water Act 1958
Weights and Measures Act 1958
Wild Flowers and Native Plants Protection Act 1958
Wills Act 1958
Wire Netting Act 1958
Women's Qualification Act 1958
Workers Compensation Act 1958
Wrongs Act 1958
Youth Organizations Assistance Act 1958
Sch. 1
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
St. Kilda and Brighton Electric Street Railway (Partial Dismantling)
No. 5990
Freedom of the City of Melbourne
No. 5993
West Melbourne Market Land
No. 6000
Melbourne Racing Club
No. 6008
Ballaarat Gas Company
No. 6012 sections 2(2), 5 and Schedule
Registrar-General's Fees
No. 6025
National Art Gallery and Cultural Centre
No. 6027
Appleton Dock Railway Construction
Sch. 2
No. 6033
Railways (Malvern Subways)
No. 6046
Forests (Masonite Agreement)
No. 6047
Companies (Unit Trusts)
No. 6049
Public Works Loan Application
No. 6052
Housing (Broadmeadows Land)
1957
No. 6057
Trinity College
No. 6065
Rabbit (Biological Destruction)
No. 6066
Public Works Loan Application
No. 6071
Yinnar Lands
Enactment and Year of Enactment
Subject-matter
No. 6072
Sandringham to Black Rock Electric Street Railway (Dismantling)
No. 6077
Consolidated Revenue
No. 6095
Transport (Westernport Bay)
No. 6099
Consolidated Revenue
No. 6102
Consolidated Revenue
No. 6105
Port Melbourne Lagoon Lands
No. 6120
Exhibition
No. 6129
Revenue Deficit Funding
No. 6131
Bendigo Land
No. 6133
Swan Hill Railway Land
No. 6142
Dental Hospital (Finance)
No. 6144
Melbourne Cricket Ground (Trustees)
No. 6152
Water Supply Loan Application
No. 6153
State Forests Loan Application
No. 6156
King-street Bridge
No. 6158
Railway Loan Application
Sch. 2
No. 6160, so far as not repealed
Fraser National Park
No. 6164
Shepparton Lands
No. 6165
Elphinstone Lands Exchange
No. 6169
Public Works Loan Application
No. 6170
Appropriation of Revenue
1958
No. 6172
Consolidated Revenue
No. 6173
Footscray (Lawson-street) Land
No. 6176
Western Metropolitan Market (Amendment)
No. 6177
Local Government (Portland)
No. 6178
Melbourne (Flinders-street) Land
No. 6180
Snowy Mountains Hydro-electric Agreements
Enactment and Year of Enactment
Subject-matter
No. 6184
Monash University
No. 6187
Consolidated Revenue
Sch. 2
EndNOTES
Endnotes
General Information
The Acts Enumeration and Revision Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Acts Enumeration and Revision Act 1958 by Government Gazettes 4 September 1959 page 2699, 16 December 1959 page 3639 and 2 June 1965 page 1740.
Explanatory Details
Endnotes
S. 6 def. of enactment: This was the date of the first Act of the Legislature of Victoria. ↑
Sch. 2: The enactments mentioned in this Schedule from 10 Geo. IV No. 9 to 14 Vict. No. 49 inclusive were passed by the Governor and Legislative Council of New South Wales, those from 16 Vict. No. 38 to 18 Vict. (Church of England Belfast Lands) by the Governor and Legislative Council of Victoria, and the subsequent enactments appearing in the Schedule are Acts of the Victorian Parliament, and are numbered in consecutive order irrespective of the years in which they were passed. ↑
Sch. 2 No. 391: See The Act No. 391 Amendment Act 1925, No. 3396/1925. ↑
Sch. 2 No. 564 s. 1: The remaining provisions of this Act were repealed by the Local Government Act 1890, No. 1112/1890. ↑
Sch. 2 No. 843: See the Federal Council Referring (Victoria) Act 1889, No. 1051/1889, the Federal Council Referring (Victoria) Act 1893, No. 1284/1893 and the Federal Council Referring (Victoria) Act 1896, No. 1464/1896. ↑
Sch. 2 No. 944: The undertaking of this company has been taken over by the City of Melbourne. ↑
Sch. 2 No. 1051: See the Federal Council Act 1885, No. 843/1885, the Federal Council Referring (Victoria) Act 1893, No. 1284/1893 and the Federal Council Referring (Victoria) Act 1896, No. 1464/1896. ↑
Sch. 2 No. 1243 s. 14: These sections were repealed by the Local Government Act 1903, No. 1893/1903 except as to Melbourne and Geelong. ↑
Sch. 2 No. 1284: See the Federal Council Act 1885, No. 843/1885, the Federal Council Referring (Victoria) Act 1889, No. 1051/1889 and the Federal Council Referring (Victoria) Act 1896, No. 1464/1896. ↑
Sch. 2 No. 1447: See section 271(2) of the Melbourne and Metropolitan Board of Works Act 1958, No. 6310/1958. ↑
Sch. 2 No. 1460 s. 5: This section was repealed by the Local Government Act 1903, No. 1893/1903 except as to Melbourne and Geelong. ↑
Sch. 2 No. 1464: See the Federal Council Act 1885, No. 843/1885, the Federal Council Referring (Victoria) Act 1889, No. 1051/1889 and the Federal Council Referring (Victoria) Act 1893, No. 1284/1893. ↑
Sch. 2 No. 1468: This Act provides for the erection of Victorian Government 3 per cent stock. ↑
Sch. 2 No. 1529 s. 9: This section refers to Parliament, in certain circumstances, making loss good. ↑
Sch. 2 No. 1567: This Act makes provision, inter alia, for advances to assist in the construction of Mallee tanks. ↑
Sch. 2 No. 2015 (except ss 6-9): Sections 6-9 were repealed by the Hospitals and Charities Act 1922, No. 3260/1922. ↑
Sch. 2 No. 2136: The authority given by this Act has not been fully exercised. ↑
Sch. 2 No. 2393 (except ss 4-6): Sections 4-6 were repealed by the Prahran Mechanics' Institute Act 1914, No. 2554/1914. ↑
Sch. 2 No. 2554: See the Prahran Mechanics' Institute Act 1899, No. 1617/1899. ↑
Sch. 2 No. 2596: See the River Murray Waters Agreement (No. 2) Act 1915, No. 2803/1915, the River Murray Waters Agreement Act 1923, No. 3287/1923, the River Murray Waters Act 1934, No. 4268/1934, the River Murray Waters Act 1949, No. 5369/1949, the Tallangatta Township (Removal) Act 1950, 5497/1950 and the River Murray Waters Act 1954, No. 5833/1954. ↑
Sch. 2 No. 2754 ss 16-20: These sections refer to the Shire Councils making land purchase rates to meet annual payments. ↑
Sch. 2 No. 2984 s. 6: This section relates to the vesting of certain lands in the State Rivers and Water Supply Commission. ↑
Sch. 2 No. 3042: This Act, though entitled Act of 1919, was assented to by the Governor in January 1920. ↑
Sch. 2 No. 3143: This Act, so far as it divests land out of the Commissioners of the Geelong Harbor Trust, was repealed by the Geelong (Harbor Trust) Act 1928, No. 3624/1928. ↑
Sch. 2 No. 3152: The construction of the Port Fairy to Yambuk Railway has not been commenced. ↑
Sch. 2 No. 3554: By section 6 of this Act, all Acts and enactments of the Parliament of Victoria, so far as they relate to matters dealt with by this Act or the agreement, are to be read as subject to this Act and the agreement. And any payment required to be made under any such Act or enactment into sinking funds etc. is to be discontinued during the operation of the agreement. This Act was proclaimed on the third day of September 1928.
See also the Commonwealth and States Financial Agreements Acts, No. 4246/1934 and 5051/1944. ↑
Sch. 2 No. 3585: Portion of this Act is still unexhausted. ↑