What it does
The Imperial Acts Application Act 1969 (NSW) (the Act) is a comprehensive rationalising statute that declares, repeals, substitutes and preserves the application of English statutes (Imperial enactments) that were received into New South Wales by force of the Australian Courts Act 1828 (9 Geo IV c 83). Section 5(1) expressly declares that each Imperial enactment listed in the First Schedule was in force in New South Wales on 25 July 1828 and remained in force thereafter until the commencement of the Act, except to the extent modified by earlier State legislation. Section 5(2) then repeals those enactments in their application to New South Wales, while s 5(3) substitutes the provisions contained in Part 3 of the Act for the corresponding Imperial texts.
The structure is methodical. Part 2 contains the definitional and operative provisions. “Imperial enactment” is defined broadly in s 4 to include any part of the enacted law that was in force in England at any time. Section 6 preserves the constitutional and criminal-law Imperial enactments listed in the Second Schedule, declaring them to have been in force since 1828, to continue in force after commencement, and not to be repealed by the general repeal in s 8. Section 7 ensures that Imperial enactments listed in the Third Schedule, or any others that applied independently of the 1828 Act, remain untouched. Section 8 effects a general repeal of all other Imperial enactments commencing with the Statute of Merton (20 Hen III, 1235–6), with a specific back-dated repeal of Sir John Barnard’s Act (7 Geo II c 8) to 14 June 1860, subject to a savings clause for proceedings commenced before 25 July 1968.
Savings and transitional provisions occupy ss 9–11. Section 9(1) contains the standard non-revival, non-affectation of accrued rights, and continuation of pending proceedings clauses. Section 9(2) contains specific savings for the law of charity (notwithstanding repeal of the Charitable Uses Act 1601) and for promises made before commencement under the Statute of Frauds. Section 10 prevents the repeal from disturbing any prior repeal, confirmation, revival or perpetuation effected by an Imperial Act that is itself repealed. Section 11 empowers the Governor by proclamation published on the NSW legislation website to revive any repealed Imperial provision (other than those in the First Schedule), subject to parliamentary disallowance within 15 sitting days.