What it does
The Surplus Revenue Act 1910 is a brief Commonwealth Act that establishes its own citation and causes specified aspects of section 87 of the Constitution to cease having effect from a fixed date. Section 1(1) provides that this Act may be cited as the Surplus Revenue Act 1910. Section 1(2) states that the Surplus Revenue Act 1908, as amended by this Act, may be cited as the Surplus Revenue Act 1908-1910. These citation provisions confirm that the 1910 legislation operates as an amendment to the earlier 1908 Act while supplying a distinct short title for the 1910 measure itself.
Section 3 contains the sole substantive provision. It declares that from and after the thirty-first day of December one thousand nine hundred and ten, section eighty-seven of the Constitution shall cease to have effect, so far as it affects the power of the Commonwealth to apply any portion of the net revenue of Customs and Excise towards its expenditure, and so far as it affects the payment of any balance by the Commonwealth to the several States, or the application of such balance towards the payment of interest on the debts of the several States taken over by the Commonwealth. The operative language is limited to a cesser of effect rather than an express repeal of section 87. The cesser applies only in the three identified respects: the Commonwealth's power to apply net customs and excise revenue to its own expenditure, the payment of any balance to the States, and the application of that balance to interest on debts taken over from the States.
The date of cesser is expressed with precision as the thirty-first day of December one thousand nine hundred and ten. Prior to that date the relevant parts of section 87 continued to operate; from that date the specified effects are removed. The Act contains no transitional provisions, savings clauses or machinery for implementation. Its effect is therefore automatic and self-executing once the stated date passes. The source text supplies no further operative sections, and the numbering moves directly from section 1 to section 3, indicating that any intermediate provision that may have existed in the 1908 Act is not reproduced here.