An Act to repeal the Summary Offences Act 1970.
1 Name of Act
This Act may be cited as the Summary Offences (Repeal) Act 1979.
2 Commencement
(1) This section, sections 1 and 6 and section 3, in so far as it relates to sections 22, 23, 24, 28, 29, 39 and 55 of the Summary Offences Act 1970, shall commence on the date of assent to this Act.(2) Section 3, in so far as it relates to section 6 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Intoxicated Persons Act 1979.(3) Section 3, in so far as it relates to sections 7–21 and 26 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Offences in Public Places Act 1979.(4) Section 3, in so far as it relates to sections 25, 38, 40–42, 51–54 and 56–60 of, and Schedule Three to, the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Crimes (Summary Offences) Amendment Act 1979.(5) Section 3, in so far as it relates to sections 30–33 of, and Schedule Two to, the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Prostitution Act 1979.(6) Section 3, in so far as it relates to section 34 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Landlord and Tenant (Summary Offences) Amendment Act 1979.(7) Section 3, in so far as it relates to sections 35 and 37 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Gaming and Betting (Summary Offences) Amendment Act 1979.(8) Section 3, in so far as it relates to sections 43–48 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Public Assemblies Act 1979.(9) Section 3, in so far as it relates to sections 49 and 50 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Inclosed Lands Protection (Summary Offences) Amendment Act 1979.(10) Section 3, in so far as it relates to section 61 of the Summary Offences Act 1970, shall commence on the day appointed and notified under section 2 (2) of the Courts of Petty Sessions (Civil Claims) Amendment Act 1979.(11) Except as provided in subsections (1)–(10), this Act shall commence on such day, being a day after the last of the days referred to in subsections (1)–(10), as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Repeal of Act No 96, 1970
The Summary Offences Act 1970 is repealed.
4 Savings
(1) The amendments made by the provisions of section 3 (1) of, and Schedule One to, the Summary Offences Act 1970 continue to have force and effect as if those provisions had not been repealed by this Act.(2) Subsection (1) does not apply in respect of the amendment referred to in that subsection by which section 42 (1) of the Police Offences Act 1901 was substituted or to the amendment so referred to made to section 13 (1) of the Justices Act 1902, or to the amendment so referred to by which section 43AA was inserted in the Liquor Act 1912.(3) The revocations effected by the provisions of section 3 (2) and (3) of the Summary Offences Act 1970 continue to have force and effect as if those provisions had not been repealed by this Act.s 4: Am 1982 No 148, Sch 2.
5 Repeals
Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of Schedule 1, repealed.
6 Release from prison of certain persons
A person who, at the date of assent to this Act, is in prison or other custody by reason only of his having committed an offence under section 22 of the Summary Offences Act 1970 shall be released forthwith.
Schedule 1 Repeals
(Section 5)
Column 1 | Column 2 | |
Year and number of Act | Short title of Act | Extent of repeal |
1970, No 52 | So much of the Second Schedule as amends Act No 96, 1970. | |
1971, No 30 | Section 4. | |
1972, No 41 | So much of the Second Schedule as relates to Act No 96, 1970. | |
1973, No 9 | So much of Schedule 2 as amends Act No 96, 1970. | |
1973, No 38 | So much of Schedule 2 as amends Act No 96, 1970. | |
1974, No 48 | Section 3. | |
1977, No 19 | So much of Schedule 1 as amends Act No 96, 1970. | |