Bills Digest No. 143 2004–05
Statute Law Revision Bill
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Contact Officer & Copyright Details
Revision Bill 2005
Date Introduced: 16 March 2005
The individual schedules
and items in the Bill have 49 different commencement dates. The
commencement of items 2 to 85 in Schedule 1 and the items in
Schedule 2 are tied to the provision which they amend. All other
items and provisions commence on Royal Assent.
The Statute Law Revision Bill 2005 (the Bill) will
correct minor errors in existing legislation. This includes the
correction of spelling, numbering, lettering and punctuation
errors, but also the updating of references to organisations whose
names have changed.
The law must be open and adequately
Nationally and internationally, Statute Law Revision Bills have
become an integral part of the maintenance of statute books. These
Bills are essential:
to ensure that the statute book is of the highest standard
to enhance the regulatory framework s transparency and
Both aspects are fundamental to guaranteeing a working legal
system under the rule of law. According to the
Explanatory Memorandum, the Bill will achieve this as it will
facilitate the publication of consolidated versions of Acts by the
Attorney-General s Department and by private publishers of
Since the introduction of the inaugural Statute Revision
legislation in 1981, similar revision legislation has found broad
support in the Parliament.(3)
Due to the nature of the amendments proposed by this Bill, it is
neither useful nor necessary to analyse them individually or in
The Bill has two schedules:
Schedule 1 amends 24 principal
Acts and is mainly concerned with minor clerical and drafting
errors. These changes include the updating of names, for example,
item 8 of the Bill will replace the reference to
the Queensland Criminal Justice Commission in section 15XA of the
Crimes Act 1914, with a reference to the name of the body
that succeeded it, the Crime and Misconduct Commission of
Queensland. The Amendments in this schedule are tied to the
commencement of the provision that contains the
Schedule 2 amends
misdescriptions and cross-referencing errors in 24 amending Acts.
The commencement date of each item has been chosen so that the
correction of the misdescription is taken to have occurred
immediately after the commencement of the misdescribed item in the
The effect of the commencement dates in both cases is that the
error or misdescription is taken to have been corrected immediately
after it had occurred.
According to the
Explanatory Memorandum, none of the amendments proposed by
either Schedule will alter the content of the law.
J. Raz, The Rule of Law and its Virtue , Law Quarterly
Review, Vol. 93, 1977, p. 198.
Explanatory Memorandum to the Statute Law Revision Bill 2005,
R. Bell, Statute Law Revision Bill 2002 , Bills
Digest, no. 150, Parliamentary Library, Canberra, 2001 2,
pp. 1 2.
Each provision, and the reason for amending it, can be found in
Explanatory Memorandum, op. cit., p. 1.
Explanatory Memorandum, op. cit., p. 2.
29 April 2005
Bills Digest Service
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© Commonwealth of Australia 2005
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Published by the Parliamentary Library, 2005.
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