THE VICTORIAN STATUTES No. 6188. ACTS ENUMERATION AND REVISION ACT 1958. 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of the Legislature of Victoria passed before the first of September One thousand nine hundred and fifty-eight shall be repealed and to enumerate the Unrepealed and Unconsolidated Enactments of such Legislatures. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by B 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. This Act may be cited as the Acts Enumeration and short title Revision Act 1958, and shall come into operation on a day to be ment and fixed by proclamation of the Governor in Council published in the dlv,sxon- 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. 2 1958. Acts Enumeration and Revision. No. 6188 PART I.—CONSOLIDATING ACTS. A«S in First 2. The Acts enumerated in the First Schedule to this Act are ^soiiiaSng and are hereby for the purposes of this Part declared to be Acts £cts- consolidating public Acts in force in Victoria on the first day Nom3P629 s. 2, of September One thousand nine hundred and fifty-eight. Subject Noai3943ds. 2*!y to the said consolidating Acts all persons things and circumstances schedule 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Acts the same status operation and effect as they respectively would have had if the said public Acts had not been repealed by the said consolidating Acts. convictions 3. (1) Where any provision of any of the said consolidating under repealed Acts makes any reference to any previous conviction or previous ^ offence, or to any second, or any third, or any subsequent conviction NO. 3717 or offence, or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shall be deemed to extend and have regard to any conviction or offence under the corresponding provisions of any Act repealed by such consolidating Act and re-enacted therein with or without amendment.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. Repeal by implication. 4. When any provision of any Act in force in Victoria on the First Schedule. first day of September One thousand nine hundred and Comp. fifty-eight has been wholly or in part repealed by implication by No. 3629 s. 4. 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. 1958. Acts Enumeration and Revision. No. 6188 5. When any Act in the First Schedule to this Act wholly or Effect oi in part repeals any Act, the repeal shall not affect any Actesainby appointment made commission issued warrant or other authority First Schedule, given by the Governor in Council or by any person or body under CompNo'.T<»9s. s 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. PART II.—UNREPEALED AND UNCONSOLIDATED ENACTMENTS. 6. In this Part unless inconsistent with the context or interpretation. subject-matter— SSWe. "Enactment" includes any Act or Law enacted by the " Enactment." Legislature of New South Wales before the twenty-fourth day of December 1851(a) and any Act or Law enacted by the Legislature of Victoria and also includes any part of any such Act or Law. 7. The enactments set out in chronological order in the Enactments Second Schedule to this Act shall continue to have in Victoria by repeal whether separately or in combination with any unrepealed j£c&onn9e.d in m enactment or statutory provision such force and effect (if any) g° Pg29s 7 as they had at the commencement of this Act. In construing any Se°cond such enactment where portion only of any Act or Law is schedule. 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. 8. Nothing in the next succeeding section shall in any way Further affect or be construed as in any way affecting— Spwf.from (a)"The Constitution Act" or any repeal or amendment Nbm3629s.8. 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. (a) This was the date of the first Act of the Legislature of Victoria. 1958. Acts Enumeration and Revision, No. 6188 General repeal of 9. Save as aforesaid every enactment enacted before the first enactments day of September in the year One thousand nine hundred and enacted prior to 1st fifty-eight by the Legislature of New South Wales or by the September, 1958, Legislature of Victoria so far as such enactment is at the and not mentioned in commencement of this Act in force in Victoria shall be hereby the Second Schedule. repealed in and for Victoria: Comp. Provided that where any enactment not repealed by this section No. 3629 s. 9. has been repealed confirmed revived or perpetuated by any Saving. 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.