Australian Capital Territory
New South Wales Acts Application Act 1984
A1984-41
Republication No 1 (RI)
Effective:  1 January 1992 – 30 September 1993
Republication date of printed version: 31 August 1992
Reissued electronically: 21 May 2009
Last amendment made by A1990-32
(republication for initial republication since self-government)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the New South Wales Acts Application Act 1984 effective 1  January 1992 to 30 September 1993.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

new south wales acts application act 1984
Reprinted as at 31 August 1992
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Amendment of certain continued State Acts
	4.	Application of certain continued State Acts
	5.	Inconsistencies between continued State Acts and other laws
	6.	Footnotes to continued State Acts
	7.	Interpretation of Acts set out in Schedule 2
	8.	Further amendment of continued State Act
Schedule 1
administration of state acts that are amended by this act
Schedule 2
continued state acts

An Act relating to the application in the Territory of certain Acts of the State of New South Wales
Short title
1.  This Act may be cited as the New South Wales Acts Application Act 1984.1

Interpretation
2.
(2)  In this Act, other than a Schedule to this Act—
	(a)	a reference to a continued State Act shall be read as a reference to an Act of the State of New South Wales that—
	(i)	was continued in force in the Territory by section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth; and
	(ii)	had effect, immediately before the date of commencement of this Act, in the Territory as a law of the Territory as provided by section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth, 
being the Act as amended and in force in that State immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth and, in a case where the Act had been amended by an Act of the Territory before the date of commencement of this Act, as so amended; and
	(b)	a reference to the amendment of a continued State Act shall be read as a reference to the modification of the Act by—
	(i)	the repeal or omission of any provision or other part of the Act, either with or without the substitution of a new provision or part in its place; or
	(ii)	the insertion in, or addition to, the Act of a new provision.
Amendment of certain continued State Acts
3.2  (1)  Subject to subsection (2), a continued State Act specified in column 1 of Schedule 1 shall be deemed to be amended by this Act to the extent necessary for it to have effect in the Territory as a law of the Territory in the terms set out in Schedule 2.
(2)  Where—
	(a)	a provision (in this subsection referred to as the relevant provision) of a continued State Act so specified amends another continued State Act so specified; and
	(b)	the relevant provision has been omitted from the text of that first-mentioned continued State Act as set out in Schedule 2 (the amendment made by the relevant provision having been incorporated in the text of that other continued State Act as set out in Schedule 2),
subsection (1) shall not be taken to effect the repeal of the relevant provision.
Application of certain continued State Acts
4.  Nothing in section 3 shall be taken to prevent the continued State Acts specified in column 1 of Schedule 1, being those Acts as amended by this Act, from continuing in force in the Territory, after the commencement of this Act, under, and in accordance with, the provisions of section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth and section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth.
Inconsistencies between continued State Acts and other laws
5.  (1)  Where, upon the commencement of this Act, a provision of a continued State Act as amended by this Act (being a continued State Act specified in column 1 of Schedule 1) is inconsistent with a provision of another law in force in the Territory (not being a prescribed law), the provision of that other law prevails and the provision of that continued State Act, to the extent of the inconsistency, has no force or effect in the Territory.
(2)  In this section, a reference to a prescribed law shall be read as a reference to—
	(a)	a continued State Act specified in column 1 of Schedule 1, as amended by this Act;
	(b)	any other continued State Act; or
	(c)	any Imperial Act that—
	(i)	was in force in the State of New South Wales immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth;
	(ii)	was continued in force in the Territory by section 6 of that Act; and
	(iii)	was in force in the Territory immediately before the commencement of this Act,
being that Act as amended and in force in the Territory immediately before the commencement of this Act.

Footnotes to continued State Acts
6.  The footnotes appearing at the end of a Part of Schedule 2 do not form part—
	(a)	of the continued State Act the text of which is set out in that Part of that Schedule; or
	(b)	of this Act.
Interpretation of Acts set out in Schedule 2
7.  In an Act of New South Wales set out in Schedule 2, in its application in the Territory, unless the contrary intention appears—
	(a)	a reference in the Act to the Supreme Court shall be read as a reference to the Supreme Court of the Australian Capital Territory;
	(b)	a reference in the Act to the Magistrates Court shall be read as a reference to the Magistrates Court for the Territory;
	(d)	a reference in the Act to a Magistrate shall be read as a reference to a Magistrate within the meaning of the Magistrates Court Act 1930;
	(e)	a reference in the Act to the Commissioner of Police or to a Deputy Commissioner of Police shall be read as a reference to the person holding, or performing the duties of, the office of Commissioner of Police or Deputy Commissioner of Police, as the case may be, under the Australian Federal Police Act 1979 of the Commonwealth;
	(f)	a reference in the Act to an officer of police or member of a police force shall be read as a reference to a member, or a special member, of the Australian Federal Police;
	(g)	a reference in the Act to a member of a police force holding a particular rank shall be read as a reference to a member, or special member, of the Australian Federal Police holding that rank but, if that rank does not exist as a rank in the Australian Federal Police, as a reference to a member, or special member, of the Australian Federal Police holding the rank that is declared by regulations in force under the Australian Federal Police Act 1979 of the Commonwealth to be the equivalent of that particular rank; and
	(h)	a reference in the Act to the Registrar of Titles shall be read as a reference to the person holding, or performing the duties of, the office of Registrar of Titles under the Real Property Act 1925, and exercising powers under that Act and under the Registration of Deeds Act 1952.
Further amendment of continued State Act
8.  Section 3 of the Gaming and Betting (Amendment) Act, 1906, in its application in the Territory, is repealed.

	Schedule 1	Section 3 
Administration Of Continued State Acts That Are Amended By This Act
Short title of Act
Column 1
Ancient Lights Declaratory Act 1904
Apportionment Act 1905
Arrest on Mesne Process Act 1902
Common Carriers Act 1902
Contractors’ Debts Act 1897
Conveyancing and Law of Property Act 1898
Conveyancing and Law of Property (Supplemental) Act 1901
Crown Lands Act 1884
Dedication by User Limitation Act 1902
Defamation Act 1901
Defamation (Amendment) Act 1909
Fertilizers Act 1904
Forfeiture of Leases Act 1901
Forfeiture and Validation of Leases Act 1905
Free Education Act 1906
Games Wagers and Betting-houses Act 1901
Gaming and Betting Act 1906
Innkeepers’ Liability Act 1902
Judgment Creditors’ Remedies Act 1901
Landlord and Tenant Act 1899
Life, Fire, and Marine Insurance Act 1902
Limitation of Actions for Trespass Act 1884

	Schedule 22	Section 3
	*	*	*	*	*	*

1.	The New South Wales Acts Application Act 1984 as shown in this reprint comprises Act No. 41, 1984 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

New South Wales Acts Application Ordinance 1984	41, 1984	10 Aug 1984	10 Aug 1984		
New South Wales Acts Application (Amendment) Ordinance 1984	58, 1984	30 Oct 1984	30 Oct 1984	—	
Magistrates  Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
New South Wales Acts Application (Amendment) Ordinance 1986	5, 1986	18 Apr 1986	18 Apr 1986	—	
New South Wales Acts Ordinance 1986	91, 1986	12 Jan 1987	12 Jan 1987	—	
Administrative Arrangements (Consequential Amendments) Ordinance 1987	37, 1987	24 July 1987	S. 6:  24 July 1987 (a)	—	
Administrative Arrangements (Consequential Amendments) Ordinance 1988	17, 1988	22 Apr 1988	22 Apr 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Commercial Arbitration (Amendment) Act 1990	32, 1990	2 Oct 1990	Ss. 1, 2 and 6:  2 Oct 1990
Remainder:  1 Jan 1992 (b)	—	
(a)	The New South Wales Acts Application Act 1984 was amended by section 6 only of the Administrative Arrangements (Consequential Amendments) Ordinance 1987, subsection 2 (2) of which provides as follows:
	   “(2)  The remaining provisions of this Ordinance shall come into operation on the day on which this Ordinance is notified in the Gazette.”
(b)	The New South Wales Acts Application Act 1984 was amended by section 5 only of the Commercial Arbitration (Amendment) Act 1990, subsection 2 (2) of which provides as follows:
	   “(2)  Sections 3, 4 and 5 commence on the date of commencement of Rules of Court (under section 28 of the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth) made for the purposes of section 3 of the Supreme Court (Arbitration) Ordinance 1990.”.
	The date fixed for the commencement of section 5 was 1 January 1992 (see Commonwealth Statutory Rules 1991 No. 416).
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 91, 1986; No. 17, 1988; No. 38, 1989
S. 5	am. No. 91, 1986
S. 7	am. No. 67, 1985; No. 38, 1989
S. 9	rep. No. 38, 1989
Schedule 1	am. No. 5, 1986; No. 37, 1987; No. 17, 1988; No. 38, 1989; Act No. 32, 1990
Schedule 2	am. No. 58, 1984

2.	S. 3 and Schedule 2—Schedule 2 contained the text of certain New South Wales Acts (see Schedule 1) which were in force in the Territory before 1 January 1911 and were therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.  These Acts as amended by ACT laws, where applicable, are published separately.

©  Australian Capital Territory 2009