2001
2001
2001-11-19
act
publicspecial
act.reprint
partuncommenced
retroactiveamendments
2001-06-20
none
act-2001-056
478dcd6d-a2fb-444a-9a76-29aabb449a8d
51bd0b34-4ede-42e4-9605-44a47d4d907e
See
also:
Statute Law (Miscellaneous Provisions)
Bill (No 2) 2001
An Act to repeal certain Acts and to amend
certain other Acts in various respects and for the purpose of effecting
statute law revision; and to make certain savings.
1Name of
Act
This Act is the Statute Law
(Miscellaneous Provisions) Act
2001.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by subsection (2).
(2)
The amendments made by Schedules 1 and 2 commence
on the day or days specified in those Schedules in relation to the amendments
concerned. If a commencement day is not specified, the amendments commence on
the date of assent.
3Amendments
Each Act specified in Schedules 1, 2 and 3 is
amended as set out in those Schedules.
4Repeals
Each Act specified in Schedule 4 is, to the
extent indicated in that Schedule, repealed.
5General savings, transitional
and other provisions
Schedule 5 has effect.
6Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules does not form part of
this Act.
Schedule 1Minor
amendments
(Section 3)
1.1Art
Gallery of New South Wales Act 1980 No
65
[1]Section 6 Appointment and
procedure
Omit “9 trustees” from section 6 (1).
Insert instead “11 trustees”.
[2]Schedule 1 Provisions relating
to trustees and procedure of the Trust
Omit clause 9 (2) from Schedule
1.
[3]Schedule 1, clause 9
(3)
Omit “5 trustees”. Insert instead
“6 trustees”.
[4]Schedule 3 Savings,
transitional and other provisions
Insert at the end of the Schedule:
9Members of
Trust
The amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act
2001 does not affect the appointment or term of office of
a person who held office as a trustee immediately before the amendment took
effect.
10Additional trustees to take
office on appointment
Clause 4 (5) of Schedule 1 does not apply to the
initial term of a trustee appointed as a consequence of the amendment to
section 6 made by the Statute Law (Miscellaneous
Provisions) Act 2001.
Explanatory
note
Section 6 of the Art Gallery of
New South Wales Act 1980 provides that the Art Gallery of
New South Wales Trust is to consist of 9 trustees appointed by the Governor on
the recommendation of the Minister. Clause 9 of Schedule 1 to the Act provides
that the quorum for a meeting of the Trust is 5 trustees.
Item [1] of the proposed amendments increases the
number of the trustees to 11. Item [3] consequently increases the quorum for
meetings of the Trust to 6 trustees.
Item [2] omits a spent provision that required
the Minister to call the first meeting of the Trust by giving notice to the
first 9 trustees of the Trust.
Item [4] inserts a transitional provision and
also provides that the initial term of office for the additional trustees
takes effect on their appointment (and not on 1 January of the year following
that in which they are appointed as is the case with the other
trustees).
1.2Conveyancers Licensing Act 1995 No
57
Section 27
Audits
Insert after section 27 (4):
(4A)
A licensee who, during any year ending 31 March
(commencing with the year ending 31 March 2002) neither received nor held any
money for or on behalf of any other person, must, within 3 months after the
end of the year concerned, make and lodge with the Director-General a
statutory declaration to that effect.
Explanatory
note
The proposed amendment requires a licensed
conveyancer who has not received or held money on behalf of another person
during any year ending 31 March to lodge with the Director-General of the
Department of Fair Trading a statutory declaration to that
effect.
1.3Environmental Planning and Assessment Act 1979 No
203
[1]Sections 4 (5), 23 (1), 50
(2), 70 (1), 96A (3) (a) (i) and (8), 115B (8), 115BA (9) (a), 115BAA (3),
116E (3) and (7), 118A (2A), 118B and 121ZJ (12)
Omit “Director’s” wherever
occurring. Insert instead
“Director-General’s”.
[2]Section 76 Development that
does not need consent
Omit “ceases to have effect in relation to
land if the land becomes” from section 76 (3).
Insert instead “has no effect at any time
during which the land is”.
[3]Section 76A Development that
needs consent
Omit “ceases to have effect in relation to
development or land if the development or land becomes” from section 76A
(6).
Insert instead “has no effect in relation
to development or land at any time during which the development or land
is”.
[4]Section 76B Development that
is prohibited
Insert “an environmental planning
instrument provides that” after “If”.
[5]Section 76B
(a)
Omit “an environmental planning instrument
provides that”.
[6]Section 79B Consultation and
concurrence
Omit “the Director-General” from
section 79B (4) (b) wherever occurring.
Insert instead “that
Director-General”.
[7]Section 82A Review of
determination
Insert at the end of section 82A (1) (c):
, or
(d)
a determination made by the council under section
116E in respect of an application by the Crown.
[8]Section 112C Concurrence of or
consultation with Director-General of National Parks and Wildlife if Minister
is not determining authority
Omit “the Director-General’s”
from section 112C (2) (a).
Insert instead “that
Director-General’s”.
[9]Sections 115K (6), 115L (4),
(5) and (6), 115O (3) (b)
Omit “Director” wherever occurring.
Insert instead “Director-General”.
[10]Section 121N Notice of right
to appeal against order
Omit “or any other person affected by the
order” from section 121N (a).
Explanatory
note
Review of
determinations
Section 82A of the Environmental Planning and Assessment Act
1979 enables a person who has applied to a local council
for consent to carry out development to request a review of the
council’s determination of that application (other than a determination
with respect to certain matters specified in the section).
Item [7] of the proposed amendments amends
section 82A of the Act to remove any suggestion that an applicant may request
a council to review a determination, made in accordance with the written
approval of the Minister, of a Crown application (that is, a determination
under section 116E of the Act).
Appeals against
orders
Section 121ZK of the Act enables a person on whom
an order is served under Division 2A of Part 6 of the Act (requiring the
person to do or to refrain from doing certain things specified in the Table to
section 121B) to appeal against the order to the Land and Environment Court.
Section 121N requires a person giving notice of such an order to inform the
person receiving the notice of the rights of appeal against the order,
including informing that person that he or she, or any other person affected
by the order, may appeal against the order.
Item [10] of the proposed amendments amends
section 121N to provide that a notice of a right to appeal against an order is
consistent with the actual right of appeal under section 121ZK in that only
the person receiving the order has such a right.
Statute law
revision
Items [1] and [9] of the proposed amendments
update references to a position.
Items [2] and [3] make it clear that provisions
of the Act with respect to exempt and complying development that do not apply
to development or land when it is of a particular status will again apply to
the development or land once it is no longer of that status.
Item [4] corrects the ranging of section 76B by
way of statute law revision to make it clear that the opening words of that
section apply to paragraph (b) of the section as well as to paragraph (a).
Item [5] makes a consequential amendment.
Items [6] and [8] clarify the references to the
Director-General of the Department of Urban Affairs and Planning and the
Director-General of National Parks and Wildlife in sections of the Act in
which both Directors-General are mentioned.
1.4Fair Trading Tribunal Act
1998 No 161
Section 46 Power to correct
decisions of Tribunal
Omit “senior” from section 46
(4).
Explanatory
note
Section 46 of the Fair Trading Tribunal Act
1998 enables the Chairperson or the senior member of the
Fair Trading Tribunal who presided at proceedings in relation to a decision to
direct the Registrar of the Tribunal to correct obvious errors, such as
typographical errors, in the text of a notice of a decision or statement of
reasons for the decision.
The proposed amendment enables any member of the
Tribunal who presided at the proceedings to give such a
direction.
1.5Fisheries Management Act 1994 No
38
[1]Section 4
Definitions
Omit the definition of Aboriginal from section 4 (1).
Insert instead:
Aboriginal person means a person
who:
(a)
is a member of the Aboriginal race of Australia,
and
(b)
identifies as an Aboriginal person,
and
(c)
is accepted by the Aboriginal community as an
Aboriginal person.
[2]Section 4
(2)
Omit “Interpretation
Act 1987” from the note to the
subsection.
Insert instead “Crimes
(Sentencing Procedure) Act
1999”.
[3]Section 34C Recreational
fishers required to pay fishing fee
Omit “Aboriginal (within the meaning of the
Aboriginal Land Rights Act 1983)”
from section 34C (2) (f).
Insert instead “Aboriginal
person”.
[4]Section 34E Amount of fishing
fee
Renumber paragraph (a) where secondly occurring
in section 34E (1) as paragraph (a1).
[5]Section
157A
Insert after section 157:
157AMinister may appoint advisory
council as committee
(1)
The Minister may, if the Minister considers it
appropriate to do so, appoint any advisory council established under section
229 for the aquaculture sector of the fishing industry as either or both of
the following:
(a)
the committee required to be appointed under
section 156 (6),
(b)
the committee required to be appointed under
section 157 (4).
(2)
An advisory council may be so appointed only if
its membership meets the requirement of section 156 (6) or 157 (7), as the
case may be, with respect to the majority of members of the
committee.
[6]Schedule
5
Omit the heading to the Schedule. Insert
instead:
Schedule 5Vulnerable
species
(Section
220C)
[7]Schedule
6
Omit the heading to the Schedule. Insert
instead:
Schedule 6Key threatening
processes
(Section
220C)
Explanatory
note
Definition of
“Aboriginal”
Section 4 (Definitions) of the Fisheries Management Act 1994 provides
that, in the Act, Aboriginal has the same meaning as
in the Aboriginal Land Rights Act
1983. Item [1] of the proposed amendments updates the
definition. Item [3] makes a consequential amendment.
Advisory council for
aquaculture sector
Item [5] of the proposed amendments enables the
Minister to appoint any advisory council established under section 229 of the
Act for the aquaculture sector of the fishing industry as either or both of
the committees required to be appointed under section 156 (6) (to advise the
Minister about the level of services provided to the aquaculture industry for
certain purposes and about the amount of contributions for the costs of
administration directly attributable to the aquaculture industry) and section
157 (4) (to advise the Minister on the amount of contributions payable into
any trust account established for annual contributions made by permit holders
and the expenditure of money in the trust account). The requirements under
sections 156 (6) and 157 (7) of the Act that the majority of the members of
the committees be representatives of the aquaculture industry continue to
apply.
Statute law
revision
Item [2] of the proposed amendments updates a
reference to an Act.
Item [4] of the proposed amendments corrects the
duplication of a paragraph number.
Items [6] and [7] amend the headings to certain
Schedules to the Act to include the enabling section reference for those
Schedules.
1.6Freedom of Information Act 1989 No
5
Sections 7 (1) (a) and (2) and
8 (1) (a) and (3) (b)
Insert “or continued” after
“established” wherever occurring.
Explanatory
note
Sections 7 and 8 of the Freedom of Information Act 1989 define
public
authority and public
office as including bodies and offices established for a
public purpose by or under the provisions of a legislative instrument. Section
6 (1) of the Act defines a legislative instrument as a Public Act or an
instrument made under a Public Act.
The proposed amendment extends the meanings of
public
authority and public
office to include bodies (such as the Supreme Court of New
South Wales) and offices established for a public purpose otherwise than by or
under a legislative instrument but continued by or under such an instrument.
The amendment does not apply the Act to the judicial functions of courts and
tribunals (see section 10 of the Act).
1.7Law
and Justice Foundation Act 2000 No
97
[1]Section
22
Insert after section 21:
22Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
[2]Schedule 1 Constitution and
procedure of Board
Omit “one of the 3 persons” from
clause 2 (4).
Insert instead “2 of the 3
persons”.
Explanatory
note
Regulations
Item [1] of the proposed amendments inserts the
usual general regulation-making power into the Law and Justice
Foundation Act 2000.
Board of the
Foundation
Clause 2 (1) of Schedule 1 to the Law and Justice Foundation Act 2000
provides that of the 6 members to be appointed by the Attorney General to the
Board of the Law and Justice Foundation of New South Wales, 3 are to be
persons who have, in the opinion of the Attorney General, special expertise.
Clause 2 (4) of that Schedule provides that not more than one of those 3
persons may be a legal practitioner.
Item [2] of the proposed amendments increases,
from one to 2, the number of such persons who may be legal
practitioners.
1.8Local
Government Act 1993 No 30
[1]Section 124
Orders
Omit all the matter relating to the Dog Act
1966 from the note to section 124.
[2]Section 310A Postal
votes
Omit “counted” from section
310A.
Insert instead “accepted for further
scrutiny”.
[3]Section 310A
(a)
Insert “by the returning officer”
after “received”.
[4]Section 310A
(b)
Insert “the returning officer is satisfied
that” before “the voter”.
[5]Chapter 16
Offences
Omit “section 56 of the Interpretation Act 1987” from the
last paragraph of the Introduction to Chapter 16.
Insert instead “section 17 of the Crimes (Sentencing Procedure) Act
1999”.
[6]Schedule 6
Regulations
Insert “and other” after
“pecuniary” in item 19A.
Explanatory
note
Postal
votes
Section 310A of the Local
Government Act 1993 (as proposed to be inserted by
Schedule 1 [6] to the Local Government Amendment Act
2000) provides that a postal vote in an election under
that Act must be “counted” if it is received before 6 pm on the
first business day after the close of a poll and the voter has indicated, in
accordance with the regulations, that the postal vote was completed before the
close of the poll.
Item [2] of the proposed amendments replaces the
word “counted” with the words “accepted for further
scrutiny” to make it clear that a postal vote that is informal is not
required to be included in the final count for such an
election.
Items [3] and [4] of the proposed amendments make
it clear that it is the returning officer who is to receive the postal vote by
the required time and who must be satisfied that the voter has indicated that
a postal vote was completed before the close of the
poll.
Disclosure of
interests
Schedule 6 to the Local Government
Act 1993 lists specific matters for or in respect of which
regulations may be made under the Act. Item 19A of Schedule 6 provides that
regulations may be made for or with respect to the disclosure of pecuniary
interests.
Section 449 of the Act requires councillors and
certain other persons associated with councils to complete and lodge annual
returns of interests in the form “prescribed by the regulations”
rather than in the form set out in Part 1 of Schedule 3 to the Act as was
previously the case. That form dealt with both pecuniary and other
interests.
Item [6] of the proposed amendments adds a
reference to interests other than pecuniary interests to Item 19A of Schedule
6 to make it abundantly clear that regulations may be made for or with respect
to both pecuniary and other interests.
Statute law
revision
Item [1] of the proposed amendments omits a
reference to a repealed Act.
Item [5] of the proposed amendments updates a
reference to a repealed provision.
1.9Ombudsman Act 1974 No
68
[1]Sections 8A and
10
Omit “21A” from sections 8A (1) (a)
and 10 (2) (b) wherever occurring.
Insert instead
“21C”.
[2]Section 12 Right to
complain
Insert after section 12 (4):
(4A)
However, the Ombudsman:
(a)
may accept a complaint that is not in writing if
the Ombudsman considers it appropriate to do so, and
(b)
in that event, must reduce the complaint to
writing as soon as practicable.
[3]Section 13AA Preliminary
inquiries
Insert after section 13AA (2):
(3)
If a complaint has been made under section 12
(whether in writing or otherwise), the Ombudsman may, by way of a preliminary
inquiry with respect to the complaint, require the complainant to provide
further written particulars of the complaint within the time specified by the
Ombudsman.
[4]Section
31AC
Insert after section 31AB:
31ACOmbudsman may furnish
information to public authority
The Ombudsman may, at any time:
(a)
furnish to a public authority information
obtained by the Ombudsman in discharging functions under this Act with respect
to a complaint against or relating to the public authority,
and
(b)
make such comments to the authority with respect
to the complaint as he or she thinks fit.
Explanatory
note
Oral
complaints
Item [2] of the proposed amendments amends
section 12 of the Ombudsman Act
1974 so as to enable the Ombudsman to accept complaints
otherwise than in writing if the Ombudsman considers it appropriate to do so.
The Ombudsman is to reduce such a complaint to writing as soon as
practicable.
Further written
particulars
Section 13AA of the Act enables the Ombudsman to
make preliminary inquiries for the purpose of deciding whether to make
particular conduct of a public authority the subject of an investigation under
the Act. Item [3] of the proposed amendments enables the Ombudsman, by way of
a preliminary inquiry in relation to a complaint made under the Act, to
require a complainant to provide further written particulars in relation to
the complaint within the time specified by the
Ombudsman.
Disclosure of information to
public authority
Item [4] of the proposed amendments enables the
Ombudsman to furnish to a public authority information obtained by the
Ombudsman in discharging functions with respect to a complaint against or
relating to the public authority (section 26 already enables the Ombudsman to
report to the public authority if the Ombudsman has made a finding with
respect to a complaint but does not extend to cases in which a finding is not
made or an investigation into a complaint is not undertaken or discontinued).
The proposed amendment also enables the Ombudsman to make comments to the
authority regarding the complaint.
Statute law
revision
Item [1] of the proposed amendments updates
references to a renumbered provision.
1.10Passenger Transport Act 1990 No
39
[1]Section 29A
Definitions
Omit the definitions of affiliation and authorised taxi-cab
operator.
[2]Section
29A
Insert in appropriate order:
accredited taxi-cab operator means a
person accredited under Division 3 for the purpose of carrying on a taxi-cab
service.
affiliation means the affiliation of
accredited taxi-cab operators with authorised taxi-cab networks, as referred
to in Division 6.
[3]Section 29A, definition of
“taxi-cab network”
Omit “authorised”. Insert instead
“accredited”.
[4]Sections 30 (2) (a), 31 (2),
31A, 31B (3)–(5), 31C–32, 32K (1), 33E (2), 37 (2) (a), 38 (2),
38A, 38B (3)–(5) and 38C–39
Omit “authorisation”,
“authorise” and “authorised” wherever
occurring.
Insert instead “accreditation”,
“accredit” and “accredited”,
respectively.
[5]Section 30 Taxi-cab service
requirements
Omit “authorised to carry on” from
section 30 (1) (a).
Insert instead “accredited for the purposes
of carrying on”.
[6]Section 31
Accreditation
Omit “The Director-General may authorise
persons to carry on taxi-cab services” from section 31
(1).
Insert instead “The Director-General may
accredit persons for the purpose of carrying on taxi-cab
services”.
[7]Sections 31 (1) and 38
(1)
Omit “authorised” wherever occurring.
Insert instead “accredited”.
[8]Section 31B Grant or refusal
of application
Omit section 31B (1). Insert instead:
(1)
Having regard to the purpose of accreditation
under this Division, the Director-General may grant an application and
accredit the applicant for the purpose of carrying on a taxi-cab service, or
may refuse the application.
[9]Sections 33, 33B (3) and (5),
33C, 33D (except the heading to section 33 and section 33D (1) (c)), 40, 40B
(3) and (5), 40C and 40D (except the heading to section 40 and section 40D (1)
(b))
Omit “authorisation” and
“authorisations” wherever occurring.
Insert instead “authority” and
“authorities”, respectively.
[10]Section 33
Authorities
Insert “, by the issue of authorities under
this Division,” after “may” in section 33
(1).
[11]Sections 33B (4) and 40B
(4)
Omit “Particulars of an authorisation
are” wherever occurring.
Insert instead “An authority
is”.
[12]Section 33C (1) and 40C
(1)
Omit “the particulars of” wherever
occurring.
[13]Section 33D (1)
(c)
Omit “authorisation” where secondly
occurring. Insert instead “authority”.
[14]Section 33F Variation,
suspension or cancellation of authority
Omit “authorisation” where secondly
occurring. Insert instead “authority”.
[15]Section 34E Statutory
conditions regarding affiliation and service standards
Omit “authorised” wherever occurring
in section 34E (1) and (4) (a).
Insert instead
“accredited”.
[16]Section 35A Exemptions
regarding networks
Omit “authorised”. Insert instead
“accredited”.
[17]Section 36A
Definitions
Omit the definition of authorised private hire vehicle
operator.
[18]Section
36A
Insert in alphabetical order:
accredited private hire vehicle
operator means a person accredited under Division 3 to carry
on a private hire vehicle service.
[19]Section 37 Private hire
vehicle service requirements
Omit “authorised to carry on the
service” from section 37 (1) (a).
Insert instead “accredited for the purpose
of carrying on the service”.
[20]Section 38
Accreditation
Omit “authorise persons to carry on private
hire vehicle services” from section 38 (1).
Insert instead “accredit persons for the
purpose of carrying on private hire vehicle
services”.
[21]Section 38B Grant or refusal
of application
Omit section 38B (1). Insert instead:
(1)
Having regard to the purpose of accreditation
under this Division, the Director-General may grant an application and
accredit the applicant for the purpose of carrying on a private hire vehicle
service, or may refuse the application.
[22]Section 40
Authorities
Insert “, by the issue of authorities under
this Division,” after “may” in section 40
(1).
[23]Section 40D (1)
(b)
Omit “authorisation” where secondly
occurring. Insert instead “authority”.
[24]Section 40E Variation,
suspension or cancellation of authority
Omit “authorisation” where secondly
occurring. Insert instead “authority”.
[25]Schedule 3 Savings and
transitional provisions
Omit “authorisation” and
“authorised” wherever occurring in clauses 12 and
16.
Insert instead “accreditation” and
“accredited” respectively.
[26]Schedule 3, clauses 13 (2) and
17 (2)
Omit “authorisation of that person”
wherever occurring.
Insert instead
“authority”.
[27]Schedule 3, clause
19
Omit “authorisations” wherever
occurring. Insert instead “authorities”.
Explanatory
note
The proposed amendments to the Passenger Transport Act 1990 will ensure
the amendments to that Act by the Passenger
Transport Amendment Act 2000 do not replace terminology
that is currently in use by providing that taxi-cab operators and private hire
vehicle operators are accredited (rather than authorised) and by providing
that taxi-cab drivers and private hire vehicle drivers are granted authorities
(rather than authorisations).
1.11Police
Integrity Commission Act 1996 No 28
[1]Section 8 Assistant
Commissioners
Insert after section 8 (3):
(4)Holder of judicial
office
Clause 6 of Schedule 1 applies to an Assistant
Commissioner employed as referred to in section 10 (2) in the same way as it
applies to the Commissioner.
[2]Schedule 1 Provisions relating
to Commissioner
Insert after clause 4 (2):
(3)
Despite subclause (2), the person holding the
office of Commissioner immediately before the commencement of this subclause
may hold the office of Commissioner for terms totalling no more than 6
years.
1.12Property, Stock and Business Agents Act 1941 No
28
[1]Section 38D Audit of
licensees’ books and other records
Omit section 38D (2) (b). Insert instead:
(b)
lodge the auditor’s report on the audit
with the Director-General.
[2]Section 91
Corporations
Insert “or the regulations” after
“Act” wherever occurring in section 91 (2).
Explanatory
note
Auditor’s
reports
Section 38D (2) of the Property, Stock and Business Agents Act
1941 requires a person to whom section 38D applies (such
as a licensee) to cause the books, papers, accounts and other documents
relating to money held in the person’s trust account during the
person’s financial year to be audited within 3 months after the end of
that year. It also requires the person to lodge the auditor’s report
“after … receipt from the auditor” with the Director-General
of the Department of Fair Trading within that time.
Item [1] of the proposed amendments repeals and
re-enacts section 38D (2) (b), removing the words quoted above, to make it
abundantly clear that the person is required to obtain the report from the
auditor (and lodge it with the Director-General) within the 3 month
period.
Offences committed with
consent of officer of body corporate
Section 91 of the Act provides that where an
offence committed by a body corporate against the Act is proved to have been
committed with the consent or approval of an officer of the body corporate,
that officer is also guilty of an offence. Item [2] of the proposed amendments
extends the operation of the section to the commission of offences against the
regulations.
1.13Protected Disclosures Act 1994 No
92
[1]Section 9 Disclosures to be
made voluntarily
Insert after section 9 (4):
(5)
A disclosure made by a correctional officer,
within the meaning of the Crimes (Administration of
Sentences) Act 1999, is made voluntarily for the purposes
of this section even if it relates to the same conduct as an allegation that
the officer has made in the performance of a duty imposed on the officer by or
under that Act or any other Act.
[2]Schedule 2 Savings,
transitional and other provisions
Insert at the end of the Schedule:
4Disclosures made by
correctional officers
Section 9 (5), as inserted by the Statute Law (Miscellaneous Provisions) Act
2001, applies to a disclosure made by a correctional
officer even if the disclosure relates to conduct or activities engaged in, or
matters arising, before the commencement of the
subsection.
Explanatory
note
Section 9 (1) of the Protected Disclosures Act 1994 provides
that a disclosure by a public official is protected under that Act only if the
disclosure is made voluntarily. Section 9 (2) states that a disclosure by a
public official is not voluntary if it is made in the exercise of a duty
imposed on that official by or under an Act.
Item [1] of the proposed amendments provides that
a disclosure made by a correctional officer is taken to have been made
voluntarily (and is therefore protected under the Act) even if the disclosure
is made in relation to the same conduct or activities regarding a disclosure
that is required to be made by or under the Crimes
(Administration of Sentences) Act 1999 or any other
Act.
Item [2] of the proposed amendments makes
transitional arrangements.
1.14Protection of the Environment Operations Act
1997 No 156
[1]Section 79 Suspension or
revocation of licence by appropriate regulatory
authority
Insert at the end of section 79 (5) (e):
(f)
in the opinion of the appropriate regulatory
authority, the holder of the licence is no longer a fit and proper person (as
referred to in section 83).
[2]Section 83 Fit and proper
persons
Omit “an applicant” from section 83
(1). Insert instead “a person”.
[3]Section 83
(1)
Insert “and section 79 (5) (f)” after
“section 45 (f)”.
[4]Section 83
(1)
Omit “that section”. Insert instead
“those sections”.
[5]Section 84 Date from which
decision operates
Omit “or” where secondly occurring in
section 84 (2).
[6]Section 84
(2)
Insert “or to attach any new conditions to,
or to vary any conditions of, a suspension, revocation or surrender of a
licence,” after “conditions,”.
[7]Section 93 Clean-up directions
may be given orally
Insert “by the regulatory authority who
gave the direction orally” after “confirmed” in section 93
(3).
[8]Section 96 Preventive
action
Insert “(whether or not at premises)”
after “activity” in section 96 (2) (b).
[9]Section 172 Nature of
environmental audit
Omit
“periodic”.
[10]Section
212B
Insert after section 212A:
212BExtraterritorial
application
A notice may be given under this Chapter to a
person in respect of a matter even though the person is outside the State or
the matter occurs or is located outside the State, so long as the matter
affects the environment of this State.
[11]Section 218 Other authorities
who may also institute proceedings
Omit “Water Supply Authorities Act
1987” from section 218 (2).
Insert instead “Water
Management Act 2000”.
[12]Section 287 Appeals regarding
licence applications and licences
Omit “licence or” from section 287
(2). Insert instead “licence,”.
[13]Section 287
(2)
Insert “or to attach any new conditions to,
or to vary any conditions of, a suspension, revocation or surrender of a
licence” after “licence” where lastly
occurring.
[14]Section 308 Public
register
Omit “granted or” from section 308
(4). Insert instead “granted,”.
[15]Section 308
(4)
Insert “or exemptions granted by the EPA
under Part 9.1, being exemptions that are no longer in force” after
“force”.
[16]Schedule 2 Regulation-making
powers
Omit “(Section 321)”. Insert instead
“(Section 323)”.
Explanatory
note
Suspension or revocation of
licence
Chapter 3 (sections 42–88) of the Protection of the Environment Operations Act
1997 makes provision for environmental protection
licences. Section 45 lists matters that a regulatory authority (within the
meaning of the Act) is to consider when exercising its licensing functions
under Chapter 3, including whether a person is a fit and proper person.
Section 79 (5) of the Act provides a non-exhaustive list of the grounds on
which a licence can be suspended or revoked.
Item [1] of the proposed amendments adds to that
list the ground that the regulatory authority considers the licensee to no
longer be a fit and proper person. Items [2]–[4] make consequential
amendments.
Clean-up
directions
Part 4.2 (sections 91–94) of the Act
provides for the issue of clean-up notices with respect to pollution
incidents. Section 93 enables such a clean-up notice to be given orally but
such a notice ceases to have effect 72 hours after the giving of the notice
unless it is confirmed by a written clean-up notice.
Item [7] of the proposed amendments makes it
clear that the regulatory authority who gave the oral notice is also to
provide the written clean-up notice.
Issue of prevention
notices
Section 96 of the Act makes provision for the
issue of a notice to occupiers of premises or persons carrying out activities
(or both) to take specified preventive action (a prevention notice) where an
activity is carried out in an environmentally unsatisfactory
manner.
Item [8] of the proposed amendments removes (for
abundant caution) any possible argument that a notice cannot be issued to the
person carrying out the activity merely because it is carried out at
premises.
Definition of
“environmental audit”
Chapter 6 (sections 171–183) of the Act
makes provision for environmental audits. That term is defined in section 172
of the Act as a periodic documented evaluation of an activity for the
particular purposes set out in that section.
Item [9] of the proposed amendments amends
section 172 to remove the word “periodic” from that definition to
ensure that the provisions of Chapter 6 apply to and in respect of
“one-off” and occasional audits as well as those repeated at
particular intervals.
Extraterritorial
application
Chapter 7 (sections 184–212A) of the Act
enables a regulatory authority, by notice in writing, to require a person to
furnish records, information and reports in connection with any matter
relating to the authority’s responsibilities and functions under the
Act.
Item [10] of the proposed amendments enables such
a notice with respect to a matter to be served on a person even if the person
is, or the matter occurs or is located, outside New South Wales provided that
the matter affects the environment of New South Wales.
Appeals
Section 81 of the Act provides that a regulatory
authority may attach conditions to the suspension, revocation or surrender of
a licence under the Act and may attach new conditions to, or vary or revoke
any existing conditions of, a suspension, revocation or surrender. Section 287
of the Act enables a person who is aggrieved by a decision of a regulatory
authority with respect to a licence (including a decision to impose conditions
on a revocation, suspension or surrender of a licence) to appeal to the Land
and Environment Court against the decision.
Item [13] of the proposed amendments amends
section 287 so as to enable a person to appeal against a decision by a
regulatory authority to attach new conditions to, or to vary any existing
conditions of, a revocation, suspension or surrender of a licence. Items [5],
[6] and [12] make consequential amendments.
Public
register
Section 308 of the Act requires each regulatory
authority under the Act to keep a public register of certain information such
as details of each licence application made to, and each licence issued by,
that authority. Section 308 (2) (i) in particular requires the EPA to include
in its register details of any exemption granted under Part 9.1 of the Act.
Section 308 (4) enables regulations to be made authorising the removal from
the register of certain matters.
Item [15] of the proposed amendments amends
section 308 (4) so as to enable the regulations to authorise the removal from
the register kept by the EPA of exemptions that are no longer in force. Item
[14] makes a consequential amendment.
Statute law
revision
Item [11] of the proposed amendments updates a
reference to a repealed Act.
Item [16] of the proposed amendments corrects a
cross-reference.
1.15Radiation Control Act 1990 No
13
Section 33 Annual report of
Council to Parliament
Insert at the end of the section:
(3)
If a House of Parliament is not sitting when the
Minister seeks to table the report, the Minister may present copies of the
report to the Clerk of the House concerned.
(4)
The report:
(a)
on presentation and for all purposes is taken to
have been laid before the House, and
(b)
may be printed by authority of the Clerk of the
House, and
(c)
if printed by authority of the Clerk, is for all
purposes taken to be a report published by or under the authority of the
House, and
(d)
is to be recorded:
(i)
in the case of the Legislative Council, in the
Minutes of the Proceedings of the Legislative Council, and
(ii)
in the case of the Legislative Assembly, in the
Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of
the report by the Clerk.
Explanatory
note
Section 33 of the Radiation Control
Act 1990 requires the Minister for the Environment to
table the annual report of the Radiation Advisory Council before both Houses
of Parliament as soon as practicable after receiving the report from the
Council.
The proposed amendment amends section 33 so as to
enable the Minister to table the annual report even if a House of Parliament
is not sitting when the Minister seeks to do so.
1.16Residential Tenancies Act 1987 No
26
[1]Section
45A
Insert after section 45:
45ATenant may apply for refund of
overpaid rent
(1)
A tenant under a residential tenancy agreement
may apply to the Tribunal for an order directing the refund of overpaid rent
on the ground that the rent increase was not duly notified under section
45.
(2)
The Tribunal may make an order directing the
refund.
(3)
An application under this section must be lodged
no later than 12 months after the relevant notice of the rent increase was
given to the tenant.
[2]Section 61 Notice of
termination where agreement frustrated
Insert after section 61 (1):
(1A)
For so long as a residential tenancy agreement is
not terminated under subsection (1) (b), then, for the purposes of subsection
(1) (a):
(a)
the landlord and tenant may agree in writing as
to the amount of rent payable, or
(b)
failing such agreement, either the landlord or
tenant may apply to the Tribunal for an order determining the amount of rent
payable.
(1B)
The Tribunal may, on application made under
subsection (1A) (b):
(a)
by order, determine the amount of rent payable,
from a day specified by the Tribunal, for the purposes of subsection (1) (a),
and
(b)
order the landlord to repay to the tenant any
rent paid by the tenant since the specified day that is in excess of the
amount determined by the Tribunal, and
(c)
make such other orders with respect to the
application as the Tribunal thinks fit.
Explanatory
note
Repayment of overpaid
rent
Item [1] of the proposed amendments enables a
tenant under a residential tenancy agreement under the Residential Tenancies Act 1987 to apply
to the Residential Tribunal for a refund of overpaid rent on the basis that a
rent increase was not notified as required by section 45 of that
Act.
Payment of rent when agreement
frustrated
Section 61 of the Residential
Tenancies Act 1987 provides for the abatement of rent and
a right by either party to terminate a residential tenancy agreement where the
agreement is frustrated (for example, the premises the subject of the
agreement are destroyed or rendered partly or wholly
uninhabitable).
Item [2] of the proposed amendments will:
(a)
enable the landlord and tenant to agree to the
amount of rent payable where the agreement is not so terminated in such
circumstances, and
(b)
failing such agreement, enable either party to
apply to the Residential Tribunal for an order determining the amount of rent
payable, and
(c)
enable the Tribunal to make orders with respect
to such an application, including an order with respect to the amount of rent
payable by the tenant and the repayment of any rent paid by the tenant in
excess of the determined amount.
1.17Residential Tribunal Act 1998 No
168
Section 27 Procedure of
Tribunal generally
Insert at the end of section 27 (5) (h):
, and
(i)
may, at any stage in proceedings before it, order
that the proceedings be stayed.
(6)
The Registrar or Deputy Registrar is to give to
any party to proceedings that have been stayed under subsection (5) (i), and
who was not present or represented when the proceedings were stayed, a notice
that the proceedings are stayed.
Explanatory
note
The Residential Tribunal, established under the
Residential Tribunal Act 1998, has the
power to adjourn and dismiss proceedings before it under section 27 of that
Act. The proposed amendment enables the Residential Tribunal to stay
proceedings before it.
1.18Statute Law (Miscellaneous Provisions) Act 2000
No 53
[1]Section 2
Commencement
Omit “12 months” from section 2 (3).
Insert instead “3 years”.
Explanatory
note
Section 2 (3) of the Statute Law (Miscellaneous Provisions) Act
2000 provides that the repeal, by section 4 (2) of that
Act, of the School Forest Areas Act
1936 commences on 30 June 2001. The proposed amendment
postpones the date of repeal by 2 years to 30 June 2003.
1.19Sydney
Water Act 1994 No 88
[1]Section 13 Form of initial
operating licence
Omit the section.
[2]Section 54 Publication of
terms and conditions of customer contracts
Omit section 54 (2) and
(4).
[3]Section 55 Owner of land taken
to have entered into customer contract
Omit “a contract” from section 55
(2). Insert instead “a customer contract”.
[4]Section 55
(3)
Omit “, or a contact entered into in
accordance with subsection (2),”.
[5]Section 59
(2)
Omit “account for service charges”
from section 59 (2).
Insert instead “account or
bill”.
[6]Section 59
(4)
Omit “Government Pricing
Tribunal”.
Insert instead “Independent Pricing and
Regulatory Tribunal”.
[7]Section 60 Fees and charges
generally
Omit “Government
Pricing Tribunal Act 1992” from section 60
(7).
Insert instead “Independent Pricing and Regulatory Tribunal Act
1992”.
[8]Section 62 Occupier may pay,
and recover, contract charges in certain cases
Omit “, availability charges or stormwater
drainage area charges” from section 62 (2).
[9]Section 74 Notice of
requirements before grant of compliance certificate
Omit “Government
Pricing Tribunal Act 1992” from section 74
(3).
Insert instead “Independent Pricing and Regulatory Tribunal Act
1992”.
[10]Section 93 Performance of
community service obligations
Omit the section.
Explanatory
note
Customer
contracts
Section 55 (1) of the Sydney
Water Act 1994 provides that an owner of land connected to
a water or sewer main owned by Sydney Water Corporation is taken to have
entered into a customer contract with the Corporation for the provision of
services. Section 55 (2) provides that, if a customer contract includes terms
and conditions relating to the imposition and payment of charges imposed under
section 64 (Availability charges) or 65 (Stormwater drainage area charges) of
the Act, a person by whom one or more of the charges are payable is taken to
have entered into a contract with the Corporation on those terms and
conditions.
Item [3] of the proposed amendments clarifies the
operation of section 55 by making it clear that a contract taken to have been
entered into under section 55 (2) is also a customer contract.
Items [4] and [8] make consequential
amendments.
Accounts
Section 59 (2) of the Act requires a notice of
variation of a customer contract to accompany the next account for
“service” charges issued after the date of publication of the
notice. However, the concept of an account for service charges is no longer
used in the Act.
Item [5] of the proposed amendments updates the
terminology used in section 59 (2) to refer instead to an account or bill,
consistently with the terminology used elsewhere in the Act (see, for example,
section 19A).
Statute law
revision
Items [1], [2] and [10] omit spent
provisions.
Items [6], [7] and [9] of the proposed amendments
update references to an Act and a body.
1.20Technical and Further Education Commission Act
1990 No 118
Section 7 Miscellaneous
functions
Insert at the end of section 7:
(6)
The TAFE Commission may exercise its functions
under this Act within or outside the State, including outside Australia. The
TAFE Commission is taken always to have had the powers conferred by this
subsection.
Explanatory
note
The proposed amendment enables the TAFE
Commission to exercise its functions under the Technical and
Further Education Commission Act 1990 outside New South
Wales.
1.21Travel
Agents Act 1986 No 5
[1]The whole Act (except sections
3, 9 (2) and 20 (7) and Schedule 2)
Omit “Commissioner” wherever
occurring.
Insert instead
“Director-General”.
[2]Section 3
Definitions
Omit the definition of Commissioner.
[3]Section
3
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Sections 9 and
20
Omit “of the Department of Fair
Trading” wherever occurring in sections 9 (2) and 20
(7).
[5]Section 11 Conditions of, and
restrictions on, licence
Omit “Commissioner’s” from
section 11 (1) (b).
Insert instead
“Director-General’s”.
[6]Section 17 Annual fee and
annual statement
Omit “shall” from section 17 (9).
Insert instead “may”.
[7]Section 17 (9A) and
(9B)
Insert after section 17 (9):
(9A)
The Director-General may reinstate a licence
cancelled under subsection (9) but only if satisfied that there is a
reasonable explanation for the failure to pay the fee or lodge the statement
that resulted in the cancellation of the licence.
(9B)
The reinstatement of a licence does not take
effect until the unpaid fee is paid or the statement is lodged, or both the
fee is paid and the statement is lodged, as the case
requires.
Explanatory
note
Cancellation of
licences
Section 17 of the Act requires the
Director-General of the Department of Fair Trading to cancel the licence of a
person if the person fails to pay an annual fee or lodge an annual statement
as required under that section.
Item [6] of the proposed amendments gives the
Director-General the discretion as to whether or not to cancel a licence in
such circumstances.
Item [7] enables the Director-General to
reinstate a cancelled licence if satisfied that there is a reasonable
explanation for the failure to pay the fee or lodge the
statement.
Statute law
revision
Items [1]–[3] and [5] of the proposed
amendments update references to an office holder. Item [4] makes a
consequential amendment.
1.22Water
Management Act 2000 No 92
[1]Section 13 Membership of
committee
Omit “11” from section 13 (1). Insert
instead “12”.
[2]Section 32 Core
provisions
Insert “and aquifer interference
activity” after “controlled
activity”.
[3]Section 33 Additional
provisions
Insert “and aquifer interference
activity” after “controlled
activity”.
[4]Section 45 Amendment of bulk
access regimes established by management plans
Insert “for water sharing” after
“management committee” in section 45 (2).
[5]Section 60 Rules of
distribution applicable to making of available water
determinations
Omit “and local water utilities” from
section 60 (3) (a) (i).
Insert instead “, local water utilities,
irrigation corporations, private irrigation boards and private water
trusts”.
[6]Section 61 Granting and
renewal of access licences
Insert after section 61 (4):
(5)
The Minister:
(a)
may require an applicant for an access licence to
provide additional information within a specified time if of the opinion that
additional information would be relevant to consideration of the application,
and
(b)
may delay consideration of the application until
the information is provided or, if the information is not provided within the
time specified, may refuse to consider the
application.
(6)
The Minister may refuse to accept an application
for an access licence if it appears to the Minister that the application is
incomplete.
[7]Section 83 Register of access
licences
Omit section 83 (1) (c). Insert instead:
(c)
such legal or equitable interests in an access
licence as the holder of the access licence, or the holder of any such
interest in the access licence, requests to be included in the
register.
[8]Section 83
(2)
Omit “an interest”. Insert instead
“a legal or equitable interest”.
[9]Section 92 Applications for
approvals
Omit “Subsection (6)” from section 92
(8). Insert instead “Subsection (7)”.
[10]Section 97 Grounds of refusal
of certain applications
Omit “drainage work” wherever
occurring in section 97 (2).
Insert instead “water management
work”.
[11]Section 97
(3)
Omit the subsection.
[12]Section 98 Notice of
decision
Omit “a water use
approval”.
Insert instead “an approval that has been
advertised pursuant to section 92”.
[13]Section 106 Land benefited by
water use approval or water management work approval
Omit “an irrigation corporation,”
from section 106 (3).
Insert instead “a major utility, local
water utility, irrigation corporation,”.
[14]Section 117
Definitions
Insert “, including any land included in
its area of operations under Division 4 but excluding any land excluded from
its area of operations under Division 5 of this Part” after
“Water Act
1912” in the definition of area of
operations.
[15]Section 156 Private irrigation
board may apply to take over water supply works
Omit “management” from section 156
(1). Insert instead “supply”.
[16]Section 176 Determination of
allocation
Omit “A board”.
Insert instead “As soon as practicable
after it is elected, the first board”.
[17]Section 240
Definitions
Omit “supply works” and “those
works” from the definition of Fish
River water supply works.
Insert instead “supply scheme” and
“that scheme”, respectively.
[18]Section 241 Fish River water
supply scheme controlled by the Minister
Omit “supply works are”. Insert
instead “supply scheme is”.
[19]Section 242 Minister may
repair works
Omit “portion of the Fish River water
supply works”.
Insert instead “works forming part of the
Fish River water supply scheme”.
[20]Section 243 Minister may
supply water
Omit “supply works” from section 243
(1). Insert instead “supply scheme”.
[21]Section 244 Council not to
supply outside area without consent
Omit “supply works”. Insert instead
“supply scheme”.
[22]Section 246 Special
areas
Omit “supply works” from section 246
(1). Insert instead “supply scheme”.
[23]Section 250 Allocation of
money
Omit “the Fish River water supply
works” wherever occurring in section 250 (3).
Insert instead “the works forming part of
the Fish River water supply scheme”.
[24]Section 288 Provisions
relating to constitution and procedure of water supply
authorities
Omit “Broken Hill Water Board” from
section 288 (2).
Insert instead “Australian Inland Energy
Water Infrastructure”.
[25]Section 324 Directions
concerning the production of information
Omit “on waterfront land” from
section 324 (3).
Insert instead “in, on or under waterfront
land”.
[26]Section 332 Measures that may
be specified in directions
Omit “in or on waterfront land” from
section 332 (1) (c).
Insert instead “in, on or under waterfront
land”.
[27]Section 342 Using water
without a water use approval
Omit section 342 (1). Insert instead:
(1)
A person must not use water on any land for any
purpose otherwise than in accordance with a water use approval that authorises
the use of water on that land for that purpose.
[28]Section 344 Unlawful carrying
out of certain activities
Omit “on waterfront land” from
section 344 (1) (a).
Insert instead “in, on or under waterfront
land”.
[29]Section 347 Taking water from
public or private works
Insert “the Minister,” after
“management of,” in section 347 (1).
[30]Section 347
(1)
Insert “the Minister,” after
“authority of”.
[31]Section 364 Proceedings for
offences
Insert the following note at the end of section
364 (2):
Note—
Subsection (2) overrides section 56 of the
Justices Act 1902 in relation to
offences against this Act, but not in relation to offences against the
regulations. By operation of that section, proceedings for an offence against
the regulations may not be commenced more than 6 months after the date on
which the offence was allegedly committed.
[32]Section 368 Appeals to Land
and Environment Court
Omit “landholder” from section 368
(1) (n). Insert instead “person”.
[33]Schedule 3 Water supply
authorities
Omit “Broken Hill Water Board” from
Part 1 of Schedule 3.
[34]Schedule 5 Constitution and
procedure of water supply authorities
Omit “Broken Hill Water Board” and
“Board” wherever occurring in Part 2 of Schedule 5 (except in
Division 1).
Insert instead
“Corporation”.
[35]Schedule 5, Part 2, Division
1
Omit the Division.
[36]Schedule 5, Part 2, Division
2
Omit “Division” wherever occurring,
except the heading to Division 2. Insert instead
“Part”.
[37]Schedule 5, Part 2, Division
2, heading
Omit the heading.
[38]Schedule 5, clause 13
(1)
Insert in alphabetical order:
Corporation means Australian Inland
Energy Water Infrastructure.
[39]Schedule 5, clause 19
(3)
Omit “Board’s”. Insert instead
“Corporation’s”.
[40]Schedule 5, clause 20
(4)
Omit “Broken Hill
Water”.
Insert instead “Australian Inland Energy
Water Infrastructure”.
[41]Schedule 8 Amendment of other
Acts
Omit Schedule 8.15.
[42]Schedule
8
Omit Schedule 8.29
[3]–[6].
[43]Schedule 9 Savings,
transitional and other provisions
Omit Division 11 of Part 2 of the
Schedule.
[44]Schedule
9
Omit the definition of transferor from clause 51 of
Schedule 9. Insert instead:
transferor means the person from
whom any staff, assets, rights or liabilities are transferred by a transfer
order.
[45]Dictionary, definition of
“local water utility”
Omit “established by this Act” from
paragraph (a).
[46]Dictionary, definition of
“water supply work”
Omit “the Sydney Water Board, the Hunter
Water Board” from paragraph (f).
Insert instead “the Sydney Water
Corporation, the Hunter Water Corporation”.
[47]Dictionary, definition of
“water supply work”
Omit “as not being” from paragraph
(g). Insert instead “not to be”.
Explanatory
note
Distribution of supply (item
[5])
Item [5] of the proposed amendments ensures that
the same rules of distribution apply, in times of severe water shortage, in
respect of irrigation corporations, private irrigation boards and private
water trusts as currently apply to other suppliers of domestic and commercial
water supplies.
Applications for approvals
(item [6])
Item [6] of the proposed amendments ensures that
the procedures that are applicable to applications for approvals under the Act
are also applicable to applications for access licences.
Register of access licences
(items [7] and [8])
Item [7] of the proposed amendments ensures that
the interests to be recorded in the register of access licences maintained
under the Act are legal and equitable interests. Item [8] makes a
consequential amendment.
Water sources (items [10] and
[11])
Section 97 (2) of the Act currently provides that
a drainage work approval is not to be granted unless the Minister is satisfied
that adequate arrangements are in force to ensure that minimal harm will be
done to any water source, or its dependent ecosystems, as a consequence of the
construction or use of the proposed drainage work. Section 97 (3) is a
provision in relation to flood works.
Item [10] of the proposed amendments applies
section 97 (2) to all water
management works (that is, drainage works, flood works and
water supply works). Item [11] repeals section 97 (3) in consequence of that
application.
Approvals (item
[13])
Item [13] of the proposed amendments ensures that
major water utilities and local water utilities that hold water use approvals
and water management work approvals have the same rights and obligations in
relation to such approvals as other holders of the
approvals.
Definitions (items [14] and
[45])
Divisions 4 and 5 of Part 1 of Chapter 4 of the
Act provide for the inclusion of land in, and the exclusion of land from, an
irrigation corporation’s area of operations. Item [14] of the proposed
amendments amends the definition of area of
operations of an irrigation corporation to reflect
this.
The current definition of local
water utility inadvertently excludes water supply
authorities that are established by Acts other than the Water
Management Act 2000. Item [45] of the proposed amendments
ensures that the definition will include all water supply authorities, however
established.
Allocation of water for
irrigation (item [16])
Section 176 (Determination of allocation) of the
Act provides that a board for a private water supply and irrigation district
must determine the quantity of water, if any, to be allocated for irrigation
to each holding within the private irrigation district.
Item [16] of the proposed amendments makes it
clear that this determination is to be made once only, when the first board is
elected. (Allocations once made are fixed, subject to the provisions with
respect to the subdivision of land.)
Use of water (item
[27])
Item [27] of the proposed amendments makes it
clear that a water use approval authorises the use of water for a specified
purpose only. It does not authorise the use of water
generally.
Water supply works (items [29]
and [30])
Item [29] of the proposed amendments ensures that
the Minister, who has the control and management of certain water supply
works, has the same protections with respect to the taking of water from such
works that are provided to other bodies that control and manage such works.
Item [30] makes a consequential amendment.
Appeals (item
[32])
Item [32] of the proposed amendments will enable
any person (and not just a landholder) to whom a direction is given under Part
1 of Chapter 7 of the Act (for example, a direction to stop work where an
unlawful activity is occurring) to appeal to the Land and Environment Court
against the Minister’s decision to give the
direction.
Statute law revision (items
[1]–[4], [9], [12], [15], [17]–[24], [25], [26], [28], [31], [33],
[34]–[44], [46] and [47])
Items [25], [26], [28] and [47] of the proposed
amendments provide for consistency of language in the Act.
Item [1] of the proposed amendments ensures the
total number of members of a management committee referred to in section 13
(1) of the Act is equal to the sum of the individual number of members
referred to in section 13 (1) (a)–(g) and (i).
Items [2] and [3] of the proposed amendments
insert a missing term in sections 32 and 33 of the Act for consistency with
section 31 (Application of Division).
Item [4] of the proposed amendments merely
reflects the fact that the only management plans that establish a bulk access
regime are those that deal with water sharing.
Item [9] of the proposed amendments corrects an
incorrect cross-reference.
Item [12] of the proposed amendments is
consequential in an amendment made at the committee stage of the Bill for the
Water Management Act 2000 that extended
the advertising requirements of section 92 from water use approvals to
approvals prescribed by the regulations.
Item [15] of the proposed amendments replaces an
incorrect reference to a water management work in section 156 (Private
irrigation board may apply to take over water supply works) of the Act with
the correct reference (to a water supply work).
Items [17]–[23] and [46] of the proposed
amendments update the description of a water supply scheme and 2 major
utilities.
Items [24], [33], [34], [35] and [38]–[40]
are consequential on the replacement of the Broken Hill Water Board by the
Australian Inland Energy Water Infrastructure effected by legislation that
passed through Parliament concurrently with the Bill for the Water Management Act 2000. Items [36]
and [37] are consequential on item [35].
Item [31] of the proposed amendments adds a Note
to section 364 (Proceedings for offences) of the Act explaining how section
364 (2) operates in conjunction with section 56 of the Justices Act 1902.
Items [41] and [42] of the proposed amendments
omit provisions that duplicate certain amendments made by the Valuation of Land Amendment Act
2000.
Item [43] repeals a superfluous amendment as a
result of Macquarie Generation having been added to Schedule 2 on the date on
which Schedule 2 commenced.
The current definition of transferor refers only to the
Ministerial Corporation. Item [44] of the proposed amendments reflects the
fact that the transfer provisions to which the definition relates deal with
transfers by persons and bodies other than the Ministerial
Corporation.
Schedule 2Amendments by way of statute
law revision
(Section 3)
2.1Associations Incorporation Act 1984 No
143
[1]The whole Act (except section
3 and Schedule 3)
Omit “Commissioner” and
“Commissioner’s” wherever occurring.
Insert instead “Director-General” and
“Director-General’s” respectively.
[2]Section 3
Definitions
Omit the definition of Commissioner.
[3]Section
3
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Section 72A Delegation by
Director-General
Insert “under this Act” after
“functions” in section 72A (1).
Explanatory
note
The Associations
Incorporation Act 1984 defines Commissioner, for the purposes of
that Act, as the Director-General of the Department of Fair
Trading.
Items [1]–[3] of the proposed amendments
replace references to the Commissioner with direct references to the
Director-General of the Department of Fair Trading. Item [4] makes a
consequential amendment.
2.2Business Names Act 1962 No
11
[1]The whole Act (except section
4)
Omit “Commissioner” and
“Commissioner’s” wherever occurring.
Insert instead “Director-General” and
“Director-General’s” respectively.
[2]Section 4
Interpretation
Omit the definition of Commissioner.
[3]Section
4
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Section 25 Authority of
Director-General to destroy documents
Omit “Archives Act
1960” wherever occurring.
Insert instead “State
Records Act 1998”.
[5]Section 31A Delegation by
Director-General
Insert “under this Act” after
“functions”.
Explanatory
note
The Business Names
Act 1962 defines Commissioner, for the purposes of
that Act, as the Director-General of the Department of Fair
Trading.
Items [1]–[3] of the proposed amendments
replace references to the Commissioner with direct references to the
Director-General of the Department of Fair Trading. Item [5] makes a
consequential amendment.
Item [4] of the proposed amendments updates a
reference to a repealed Act.
2.3Child
Protection (Prohibited Employment) Act 1998 No
147
Section 9 IRC and ADT may make
declarations concerning prohibited persons
Insert “or” at the end of section 9
(3) (a).
Explanatory
note
The proposed amendment inserts an omitted
word.
2.4Children and Young Persons (Care and Protection) Act
1998 No 157
Section 135 What is
“out-of-home” care?
Renumber section 135 (3) (as inserted by the
Statute Law (Miscellaneous Provisions) Act
2000) as section 135 (4).
Explanatory
note
The proposed amendment corrects the duplication
of a subsection number.
2.5Coal
Mines Regulation Act 1982 No 67
[1]Part 4 Mine inspection and
safety provisions
Omit the heading to Division 4 of Part 4. Insert
instead:
Division 4Inspections on behalf of
workers
[2]Section 80 Electrical check
inspectors
Omit “, a trade rights certificate or an
indenture of electrical tradesman” from section 80 (2)
(a).
Insert instead “or be an electrical
tradesperson”.
[3]Section 80 (2)
(b)
Omit “the holder of a trade rights
certificate or an indenture of electrical tradesman”.
Insert instead “an electrical
tradesperson”.
Explanatory
note
Item [1] of the proposed amendments replaces
gender-specific language with gender-neutral language.
Items [2] and [3] update terminology used in a
section.
2.6Community Land Management Act 1989 No
202
[1]The whole Act (except sections
3 and 78, the headings to sections 109B, 109D and 109E and Division 1 of Part
5A and Schedule 7)
Omit “Commissioner” and
“Commissioner’s” wherever occurring.
Insert instead “Director-General” and
“Director-General’s” respectively.
[2]Section 3
Definitions
Omit the definition of Commissioner from section 3
(1).
[3]Section 3
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Part 5A
Omit the heading to Division 1 of Part 5A. Insert
instead:
Division 1Functions of Director-General
under this Act
[5]Section
109A
Omit the section.
[6]Section 109B Functions of
Director-General
Omit section 109B (1).
[7]Section 109B
(2)
Insert “under this Act” before
“include”.
[8]Section 109D Staff of
Director-General
Insert “under this Act” after
“functions”.
[9]Section 109E Delegation of
functions
Omit “or any
other”.
[10]Section 109G Annual report of
Director-General
Insert “under this Part” before
“during” in section 109G (1).
Explanatory
note
The Community Land
Management Act 1989 provides that the Commissioner, for the purposes of
that Act, is the Director-General of the Department of Fair
Trading.
Items [1]–[3] of the proposed amendments
replace references to the Commissioner with direct references to the
Director-General of the Department of Fair Trading.
Items [4] and [6]–[8] and [10] make
consequential amendments.
Item [5] consequentially omits a superfluous
provision.
Section 109E of the Act currently enables the
Commissioner to delegate his or her functions under the Community Land Management Act 1989 or
any other Act. The functions of the Commissioner are conferred solely by that
Act. Item [9] omits superfluous words with respect to the conferral of
functions on the Commissioner by any other Act.
2.7Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
Section 4
Definitions
Omit “paragraph (d) of the definition of
service
provider” from the definition of .
Insert instead “paragraph (f) of the
definition of service
provider”.
Explanatory
note
Paragraph (d) of the definition of service
provider in section 4 of the Community
Services (Complaints, Reviews and Monitoring) Act 1993 was
repealed and re-enacted by the Statute Law (Miscellaneous Provisions)
Act 1996 as paragraph (f) of the definition. The proposed
amendment updates a cross-reference to that paragraph.
2.8Companies (Death Duties) Act 1901 No
30
Section 10 Duty on death of
members
Renumber section 10 (1) (a) and (b) (where
secondly occurring), (c) and (d) as section 10 (1) (c), (d), (e) and (f)
respectively.
Explanatory
note
The proposed amendment corrects the duplication
of paragraph identifiers.
2.9Consumer Credit (New South Wales) Act 1995 No
7
Section 8 Conferral of
judicial functions
Omit “Commercial Tribunal” wherever
occurring.
Insert instead “Fair Trading
Tribunal”.
Explanatory
note
The proposed amendment updates references to a
Tribunal which has been abolished.
2.10Conveyancing Amendment (Building Management Statements) Act
2001 No 9
[1]Schedule 8B Rights and
obligations implied in certain easements
Renumber clauses 7–14 as clauses 1–8,
respectively.
[2]Schedule 8B, clause 5 (as
renumbered by item [1])
Omit “subsection (1)” from clause 5
(2). Insert instead “subclause (1)”.
Explanatory
note
Item [1] of the proposed amendments renumbers
inappropriately numbered clauses in a Schedule.
Item [2] of the proposed amendments corrects an
incorrect reference to a subclause.
2.11Co-operative Housing and Starr-Bowkett Societies Act
1998 No 11
[1]Section 3
Definitions
Omit “profit and loss accounts and balance
sheets” from the definition of accounts.
Insert instead “statements of financial
performance and statements of financial
position”.
[2]Section 3 (1), definition of
“accounts”
Omit “accounts or balance sheets”.
Insert instead “statements”.
[3]The whole Act (except as
otherwise amended by this Act)
Omit “profit and loss
account”.
Insert instead “statement of financial
performance”.
[4]The whole Act (except as
otherwise amended by this Act)
Omit “balance sheet”. Insert instead
“statement of financial position”.
[5]Section 134 Directors’
reports
Renumber section 134 (6) (a) and (b) (where
secondly occurring) as section 134 (6) (d) and (e).
[6]Sections 135 and
143
Omit “Profit and loss account and balance
sheet” wherever occurring.
Insert instead “Statement of financial
performance and statement of financial position”.
Explanatory
note
Items [1], [2]–[4] and [6] of the proposed
amendments update references to financial statements.
Item [5] of the proposed amendments corrects the
duplication of paragraph identifiers.
2.12Credit
Act 1984 No 94
[1]The whole Act (except section
5 (1))
Omit “Commissioner” wherever
occurring. Insert instead
“Director-General”.
[2]Sections 3 (4), 11 (3), 21
(1), 24 (2) (b) and (5) (c), 102 (4), 107 (6), 112 (2), 114 (1) (a), 117 (5)
(c), 132 (4), 139 (2), 140 (1) and 164 (3)
Insert “or she” after
“he” wherever occurring.
[3]Section 5
Definitions
Omit the definition of Commissioner from section 5
(1).
[4]Section 5
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[5]Section 5 (1), definition of
“credit”
Omit “him”. Insert instead “the
debtor”.
[6]Section 5 (1), definition of
“credit provider”
Omit “him” wherever occurring. Insert
instead “that person”.
[7]Section 5 (1), definition of
“default charge”
Omit “his failure to fulfil
his”.
Insert instead “the debtor’s failure
to fulfil his or her”.
[8]Section 5 (1), definition of
“guarantor”
Omit “his”. Insert instead “the
debtor’s or mortgagor’s”.
[9]Section 5 (1), definition of
“loan contract”
Omit “him” wherever occurring. Insert
instead “the person”.
[10]Section 5 (1), definition of
“services”
Omit “him or them”. Insert instead
“that or those other persons”.
[11]Sections 11 (1) (a) and 62 (1)
and (3)
Omit “his” wherever occurring. Insert
instead “the credit provider’s”.
[12]Section 13 Contracts for
hiring goods
Omit “him” wherever occurring in
section 13 (2) (b) and (4).
Insert instead “that
person”.
[13]Sections 13 (3) (f), 22, 29
(except 29 (b)) and 117 (3) and (5) (except (5) (c))
Omit “him” and “he”
wherever occurring. Insert instead “the
supplier”.
[14]Section 17 Recognised
States
Omit “he is”.
[15]Sections 24 (2) (a) and (b)
(except (b) (i)) and (10), 48 (2) (a), 69 (1) (a), 74 (1), 81 (1) (3) and (6),
95 (2) and (4), 98 (1), 102 (2), 105, 110 (1), 113 (1) and (2), 118, 128 (2)
(b), 139 (2), 147 (2) (e), 150 (1), 164 (1) (a) and (3)
Insert “or her” after
“him” and “his” wherever
occurring.
[16]Section 24 (2) (b)
(i)
Omit “his”.
[17]Sections 24 (4) and (13) and
25 (3) (c)
Omit “he” or “him”
wherever occurring. Insert instead “the
buyer”.
[18]Section 29
(b)
Omit “him”. Insert instead “the
credit provider”.
[19]Section 32 Form of
offer
Omit “his” wherever occurring in
section 32 (3) and (4).
Insert instead “the
person’s”.
[20]Sections 32 (5), 117 (2), 121
(1) and 156
Omit “him” and “he”
wherever occurring. Insert instead “the
person”.
[21]Sections 42 (2), 47 (1), 59
(2), 62 (1) (a) and (4) and 85 (1)
Omit “he” and “him”
wherever occurring. Insert instead “the
debtor”.
[22]Sections 45 (2), 46, 56, 57
(1), 63, 64 (2), 68 (2), 70 (4), 71 (4), 86 (1) and 104
(2)
Omit “he” and “him”
wherever occurring. Insert instead “the credit
provider”.
[23]Sections 49 (3) (a) and 59
(2)
Omit “his” wherever occurring. Insert
instead “the debtor’s”.
[24]Section 62 (4)
(a)
Insert “or her” after
“his”.
[25]Sections 70 (6) and
136
Omit “he”. Insert instead “the
guarantor”.
[26]Section 74
(1)
Omit “he reasonably expects that
he”.
Insert instead “the debtor reasonably
expects that he or she”.
[27]Sections 74 (3), 116 (4) and
139 (4)
Omit “he”. Insert instead “the
Director-General”.
[28]Sections 81 (1) (b), 114 (1)
(except 114 (1) (a)), 115 (3) and (6) and 128 (2) (b)
Omit “he” wherever occurring. Insert
instead “the mortgagee”.
[29]Sections 94 (1), 95 (1), 113
(4) and 115 (1) and (6)
Omit “his” wherever occurring. Insert
instead “the mortgagee’s”.
[30]Section 96 Disclosure of
location of goods
Omit “his” from section 96 (2) (b).
Insert instead “the mortgagor’s”.
[31]Sections 98 (2), 99 (1) and
(2), 115 (5) (except 115 (5) (b))
Omit “him” wherever occurring. Insert
instead “the mortgagor”.
[32]Section 104
(3)
Omit “he”. Insert instead “the
debtor or guarantor concerned”.
[33]Sections 106 (4) (b), 112 (2)
and 115 (5) (b)
Omit “him” wherever occurring. Insert
instead “the mortgagee”.
[34]Section 107
(8)
Omit “him”. Insert instead “the
debtor or mortgagor concerned”.
[35]Section 116 Postponement of
exercise of rights
Omit “his” from section 116
(1).
Insert instead “the credit provider’s
or mortgagee’s”.
[36]Section 116
(3)
Omit “he”. Insert instead “the
debtor or mortgagor”.
[37]Section 116
(4)
Omit “him”. Insert instead “the
credit provider or mortgagee”.
[38]Section 121
(3)
Omit “he” where firstly occurring.
Insert instead “the person”.
[39]Section 121
(3)
Insert “or she” after
“he” where secondly occurring.
[40]Sections 126 and
153
Omit “he” wherever
occurring.
Insert instead “the credit provider or
mortgagee concerned”.
[41]Section 127
Insurance—regulated contracts
Omit “his providing” from section 127
(2). Insert instead “the provision of”.
[42]Section 128
(4)
Omit “he” wherever occurring. Insert
instead “the mortgagor”.
[43]Section 131 Premiums to be
paid to insurer
Omit “him”. Insert instead “the
insurer”.
[44]Section 147
(3)
Omit “he represented him, or assisted
him”.
Insert instead “the person represented the
debtor or the mortgagor or assisted the debtor or the
mortgagor”.
[45]Section 150
(2)
Omit “his” where firstly and thirdly
occurring. Insert instead “the
person’s”.
[46]Section 150
(2)
Insert “or her” after
“his” where secondly occurring.
[47]Section 150
(2)
Omit “he” wherever occurring. Insert
instead “the person”.
[48]Section 150
(2)
Omit “him”. Insert instead “the
assignor”.
[49]Section
156
Insert “or her” after
“his” where firstly and lastly occurring.
[50]Section
156
Omit “his” where secondly occurring.
Insert instead “the person’s”.
[51]Section 160 Offence by
corporation
Omit “he”.
Insert instead “the director, manager,
secretary or other officer concerned”.
Explanatory
note
The proposed amendments update references to an
office holder and replace gender specific terms with gender neutral
terms.
2.13Credit
(Finance Brokers) Act 1984 No 96
Section 4
Definitions
Omit the definition of Commissioner from section 4
(1).
Explanatory
note
The proposed amendment omits a superfluous
definition.
2.14Credit
(Home Finance Contracts) Act 1984 No
97
[1]The whole Act (except section
4)
Omit “Commissioner” wherever
occurring. Insert instead
“Director-General”.
[2]Section 4
Definitions
Omit the definition of Commissioner.
[3]Section
4
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
Explanatory
note
The Credit (Home
Finance Contracts) Act 1984 defines Commissioner, for the purposes of
that Act, as the Director-General of the Department of Fair
Trading.
The proposed amendments replace references to the
Commissioner with direct references to the Director-General of the Department
of Fair Trading.
2.15Crimes
Act 1900 No 40
Section 19A Punishment for
murder
Omit “section 442” from section 19A
(3).
Insert instead “section 21 (1) of the
Crimes (Sentencing Procedure) Act
1999”.
Explanatory
note
The proposed amendment updates a reference to a
repealed provision.
2.16Criminal Procedure Act 1986 No
209
Schedule 1 Indictable offences
triable summarily
Renumber paragraph 31 (as inserted by the Crimes Legislation Further Amendment Act
2000) in Part 6 of Table 1 as paragraph
30A.
Explanatory
note
The proposed amendment corrects the duplication
of a paragraph number.
2.17Dormant Funds Act 1942 No
25
Section 3 Certain Acts not
affected
Omit “Unclaimed Money Act
1982” from section 3 (1).
Insert instead “Unclaimed Money Act
1995”.
Explanatory
note
The proposed amendment updates a reference to an
Act.
2.18Factories, Shops and Industries Act 1962 No
43
Section 9
Definitions
Renumber paragraphs (a), (b) and (c) (where
secondly occurring) and (d), (e), (f), (g) and (h) of the definition of
engine in section 9 (1) as
paragraphs (d), (e), (f), (g), (h), (i), (j) and (k)
respectively.
Explanatory
note
The proposed amendment corrects the duplication
of paragraph identifiers.
2.19Funeral Funds Act 1979 No
106
[1]The whole Act (except to the
extent to which its provisions are otherwise amended or repealed by this
Act)
Omit “Registrar” and
Registrar’s” wherever occurring.
Insert instead “Director-General” and
“Director-General’s” respectively.
[2]Section 4
Definitions
Omit the definitions of Deputy
Registrar and Registrar.
[3]Section
4
Insert in alphabetical order:
Department means the Department of
Fair Trading.
Director-General means the
Director-General of the Department.
[4]Section
6
Omit the section. Insert instead:
6Documents
All documents lodged under this Act with the
Director-General are to be kept in an office of the
Department.
[5]Section
7
Omit the section.
[6]Section 9
Delegation
Insert “under this Act” after
“functions” in section 9 (1).
[7]Section 9
(1)
Omit “Registrar’s office”.
Insert instead “Department”.
[8]Section 74 Application of
Companies (New South Wales)
Code
Omit “Registrar of Funeral Funds” and
“Registrar” wherever occurring.
Insert instead “Director-General of the
Department of Fair Trading”.
[9]Section 88 Inspection of
documents
Omit “the Registrar’s office”.
Insert instead “an office of the
Department”.
[10]Section 88
(b)
Omit “and
seal”.
Explanatory
note
The functions of both the Registrar and the
Deputy Registrar under the Funeral Funds Act
1979 are exercised by the Director-General of the
Department of Fair Trading.
Items [1]–[3] and [7]–[9] of the
proposed amendments replace references to the Commissioner with direct
references to the Director-General of the Department of Fair Trading and
replaces references to the Registrar’s Office with references to the
Department of Fair Trading. Item [6] makes a consequential
amendment.
Items [5] and [10] make consequential amendments
by omitting a superfluous provision and words.
Item [4] of the proposed amendments omits
superfluous parts of a section and consequentially restates the remaining
operative part of the section.
2.20Habitual Criminals Act 1957 No
19
Section 5 Proof of previous
conviction and imprisonment
Omit “Director-General of Corrective
Services” wherever occurring in section 5 (2).
Insert instead “Commissioner of Corrective
Services”.
Explanatory
note
The proposed amendment updates a reference to an
office holder.
2.21Health
Services Act 1997 No 154
Section 10 Functions of area
health services
Omit “with” where secondly occurring
in section 10 (j). Insert instead “under”.
Explanatory
note
The proposed amendment replaces an incorrect
word.
2.22Impounding Act 1993 No
31
Section 7 Dogs can be
impounded in certain areas only
Omit “Dog Act
1966” from the note to section 7.
Insert instead “Companion Animals Act
1998”.
Explanatory
note
The proposed amendment updates a reference to a
repealed Act.
2.23Independent Pricing and Regulatory Tribunal Act
1992 No 39
[1]Section 11 Investigations and
reports by Tribunal—standing reference
Insert “the determination of” before
“the proportion” in section 11 (3) (a) and
(b).
[2]Section 11 (3)
(c)
Insert “the determination of” before
“the repayment”.
[3]Schedule 4 Savings and
transitional provisions
Omit “with the respect” from clause
10 (1). Insert instead “with respect”.
Explanatory
note
Items [1] and [2] of the proposed amendments
makes the language of section 11 (3) consistent with language used elsewhere
in the Independent Pricing and
Regulatory Tribunal Act 1992.
Item [3] of the proposed amendments omits a
superfluous word.
2.24Industrial Relations Act 1996 No
17
Dictionary
Omit the definition of penalty unit. Insert instead:
penalty
unit see section 17 of the Crimes
(Sentencing Procedure) Act 1999.
Explanatory
note
The proposed amendment updates a reference to a
repealed provision.
2.25Justices Act 1902 No
27
Section 48E Direction to
witness to attend
Omit “that Act” wherever occurring in
section 48E (9).
Insert instead “the Crimes
Act 1900”.
Explanatory
note
The proposed amendment updates references to an
Act.
2.26Land
and Environment Court Act 1979 No
204
[1]Section 20 Class
4—environmental planning and protection and development contract civil
enforcement
Renumber paragraph (cii) of section 20 (1) as
paragraph (cia).
[2]Section 20 (1)
(de)
Omit “64”. Insert instead
“63”.
Explanatory
note
Item [1] of the proposed amendments corrects the
numbering of a paragraph.
Item [2] of the proposed amendments corrects a
cross-reference.
2.27Landlord and Tenant (Amendment) Act 1948 No
25
[1]Section 36 Certain payments
prohibited
Renumber section 36 (1) (b) (i), (ii) and (iii)
(where secondly occurring) as section 36 (1) (b) (A), (B) and (C)
respectively.
[2]Section 70 Court to consider
hardship
Renumber section 70 (2A) (a) and (b) (where
secondly occurring) as section 70 (2A) (d) and (e).
Explanatory
note
The proposed amendments correct the duplication
of paragraph identifiers.
2.28Law
Reform (Miscellaneous Provisions) Act 1965 No
32
Parts 4, 10 and
11
Omit the headings to the
Parts.
Explanatory
note
The proposed amendment omits redundant Part
headings.
2.29Legal
Aid Commission Act 1979 No 78
[1]Schedule 2 Membership of
Board
Omit “section 8 (1) (a)” from the
definition of Chairperson in clause
1.
Insert instead “section 14 (2) (b)
(i)”.
[2]Schedule 2, clause
1
Omit “commissioner does not include the
Chief Executive Officer.”
Insert instead:
member of the Board does not include
the Chief Executive Officer.
Explanatory
note
Item [1] of the proposed amendments corrects a
cross-reference.
Item [2] of the proposed amendments replaces a
reference to a commissioner with a reference to a member of the Board (of the
Legal Aid Commission).
Both amendments are consequential on the
amendment of the Legal Aid Commission Act
1979 by the Legal Aid
Commission Amendment Act 2000 (which, among other things,
constituted the Board).
2.30Mines
Inspection Act 1901 No 75
Section 65 Publication of
abstract of Act and general rules and copy of special
rules
Renumber section 65 (a) and (b) (where secondly
occurring) as section 65 (c) and (d).
Explanatory
note
The proposed amendment corrects the duplication
of paragraph identifiers.
2.31Mining
Act 1992 No 29
Schedule 3 The Geological and
Mining Museum
Omit the Schedule.
Explanatory
note
The Mining and
Petroleum Legislation Amendment Act 2000 repealed Part 16
of the Mining Act
1992. That Part established the Geological and Mining
Museum Trust which no longer functioned at the time of that
repeal.
The proposed amendment repeals redundant
provisions of the Mining Act
1992 that provide for the constitution and procedure of
the Trust.
2.32National Park Estate (Southern Region Reservations) Act
2000 No 103
Section 8 Dedication as Crown
reserves under Crown Lands Act
1989 of certain former State forests, Crown land and other
land
Omit section 8 (3). Insert instead:
(3)
The National Parks and Wildlife Reserve Trust
established under section 9 of the Forestry and
National Park Estate Act 1998 is appointed as trustee of
the reserve consisting of all of the land described in Schedule
4.
Explanatory
note
Section 8 (3) of the National Park Estate (Southern Region Reservations) Act
2000 provides for the establishment of a National Parks
and Wildlife Reserve Trust, under the control of the Director-General of
National Parks and Wildlife, as the trustee of the land described in Schedule
4 to that Act. A trust by that name is also established by section 9 of the
Forestry and National Park Estate Act
1998 as trustee of similar land. The proposed amendment
clarifies that there are not 2 separate trusts but only one trust by that
name.
2.33Public
Works Act 1912 No 45
Section 82 Power to take
temporary possession of land
Renumber section 82 (1) (a), (b) and (c) (where
secondly occurring) and (d) as section 82 (1) (d), (e), (f) and (g)
respectively.
Explanatory
note
The proposed amendment corrects the duplication
of paragraph identifiers.
2.34Rural
Lands Protection Act 1998 No 143
Schedule 2 Election or
appointment of directors
Insert “subject to subclause (2),”
before “the person” in clause 4 (1A) (a).
Explanatory
note
The proposed amendment makes it explicit that
clause 4 (2) of Schedule 2 to the Rural Lands
Protection Act 1998 (which provides that a director of a
rural lands protection board is, if otherwise qualified, eligible for
re-election or re-appointment for a further term at the conclusion of his or
her term of office) has effect according to its terms and is not rendered
inoperative by an extended interpretation of a provision that has been
inserted into the Act (namely clause 4 (1A) of Schedule 2) to prevent a person
holding more than one office of director concurrently on the same rural lands
protection board or holding offices as director concurrently on more than one
rural lands protection board.
2.35Soil
Conservation Act 1938 No 10
Section 22 Preservation of
proclaimed works
Renumber section 22 (4) (a) and (b) (where
secondly occurring) as section 22 (4) (e) and (f).
Explanatory
note
The proposed amendment corrects the duplication
of paragraph identifiers.
2.36State
Owned Corporations Act 1989 No 134
[1]Schedule 6 Provisions to be
included in memorandum or articles of association of statutory
SOCs
Insert “of any requirement” after
“contravention” in clause 3 (2) of Part 2 of the
Schedule.
[2]Schedule 7 Provisions to be
included in memorandum or articles of association of subsidiaries of statutory
SOCs
Insert “of any requirement” after
“contravention” in clause 3 (2) of Part 2 of the
Schedule.
Explanatory
note
The proposed amendments insert omitted
words.
2.37Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 2 Public
offices
Omit “Director-General of Corrective
Services” and “Deputy Director-General of Corrective
Services” from Part 1.
Insert instead “Commissioner of Corrective
Services” and “Deputy Commissioner of Corrective Services”
respectively.
Explanatory
note
The proposed amendment updates references to
office holders.
2.38Strata
Schemes (Freehold Development) Act 1973 No
68
[1]The whole Act (except sections
5, 28QC (5), 28QE (c), 49 and 91 and Schedule 4)
Omit “Commissioner” wherever
occurring. Insert instead
“Director-General”.
[2]Section 5
Definitions
Omit the definition of Commissioner from section 5
(1).
[3]Section 5
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Section 28QC Investigation of
application for assistance
Omit section 28QC (5). Insert instead:
(5)
On completion of an investigation by a delegate
of the Director-General of an application, the delegate must report to the
Director-General on the results of the investigation.
[5]Section 28QE Application of
Fair Trading Act 1987 to applications
for assistance
Omit “under section 98 of this Act”
from section 28QE (b).
[6]Section 28QE
(c)
Omit the paragraph.
Explanatory
note
Items [1]–[3] of the proposed amendments
update references to an office holder.
Items [4] and [6] make consequential
amendments.
Item [5] of the proposed amendments omits a
reference to a repealed section.
2.39Strata
Schemes (Leasehold Development) Act 1986 No
219
[1]The whole Act (except sections
4, 57AC (5), 57AE (c), 78 and 123 and Schedule 5)
Omit “Commissioner” wherever
occurring. Insert instead
“Director-General”.
[2]Section 4
Definitions
Omit the definition of Commissioner from section 4
(1).
[3]Section 4
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[4]Section 57AC Investigation of
application for assistance
Omit section 57AC (5). Insert instead:
(5)
On completion of an investigation by a delegate
of the Director-General of an application, the delegate must report to the
Director-General on the results of the investigation.
[5]Section 57AE Application of
Fair Trading Act 1987 to application for
assistance
Omit section 57AE (c).
Explanatory
note
Items [1]–[3] of the proposed amendments
update references to an office holder.
Item [4] repeals and re-enacts a provision in
consequence of the update.
Item [5] omits a superfluous
provision.
2.40Strata
Schemes Management Act 1996 No 138
[1]The whole Act (except Schedule
4 and the Dictionary)
Omit “Commissioner” and
“Commissioner’s” wherever occurring.
Insert instead “Director-General” and
“Director-General’s” respectively.
[2]Chapter 5 Disputes and orders
of Adjudicators and Board
Omit “Strata Schemes Commissioner”
from the Introductory note to Part 2 of Chapter 5.
Insert instead
“Director-General”.
[3]Section 205 Payment of
penalties or costs
Omit “of the Department of Fair
Trading” wherever occurring.
[4]Chapter 6
Administration
Omit “a Strata Schemes Commissioner and
for” from the Introductory note to Chapter 6.
[5]Chapter 6, Part
1
Omit the heading to Part 1. Insert
instead:
Part 1Functions of Director-General
under this Act
[6]Section 211 Strata Schemes
Commissioner
Omit the section.
[7]Section 213
Staff
Insert “under this Act” after
“functions”.
[8]Section 214 Delegation of
functions
Omit “or any
other”.
[9]Section 212 Functions of
Director-General
Omit section 212 (1).
[10]Section 212
(2)
Insert “under this Act” before
“include”.
[11]Section 216 Annual report of
Director-General
Insert “under this Act” before
“during” in section 216 (1).
[12]Chapter 7
General
Omit “Commissioner” from the
Introductory note to Chapter 7.
Insert instead
“Director-General”.
[13]Dictionary
Omit the definition of Commissioner.
[14]Dictionary
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
Explanatory
note
Items [1], [13] and [14] of the proposed
amendments update references to an office holder. Items [2]–[5] and
[7]–[12] make consequential amendments.
Item [6] omits a superfluous
provision.
2.41Surveyors Act 1929 No
3
Section 14 Power of board to
deal with offences
Renumber section 14 (1) (i) (where secondly
occurring) and (ii) as section 14 (1) (j) and (k).
Explanatory
note
The proposed amendment corrects paragraph
identifiers.
2.42Sydney
Harbour Foreshore Authority Act 1998 No
170
Sections 37, 38 and
46
Omit “section 56 of the Interpretation Act 1987” from the
notes to the sections.
Insert instead “section 17 of the Crimes (Sentencing Procedure) Act
1999”.
Explanatory
note
The proposed amendment updates a reference to a
repealed provision.
2.43Trade
Measurement Administration Act 1989 No
234
[1]Section 3
Definitions
Omit the definition of Commissioner from section 3
(1).
[2]Section
3
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Fair Trading.
[3]Sections 4, 8, 20 and
25
Omit “Commissioner” wherever
occurring. Insert instead
“Director-General”.
[4]Section 5 Superintendent and
other staff
Insert “, for the purposes of this
Act,” after “use” in section 5 (2).
Explanatory
note
The Trade Measurement
Administration Act 1989 defines Commissioner, for the purposes of
that Act, as the Director-General of the Department of Fair
Trading.
Items [1]–[3] of the proposed amendments
replace references to the Commissioner with direct references to the
Director-General of the Department of Fair Trading. Item [4] makes a
consequential amendment.
2.44Transport Administration Act 1988 No
109
[1]Section 19F Powers of RIC
relating to rail infrastructure facilities and land
Omit “RAC”. Insert instead
“RIC”.
[2]Schedule 6A Powers of RIC
relating to rail infrastructure facilities and land
Omit “RAC’s” from clauses 3 (1)
(b), 8 (1) (d) and (e) and (5) (b) wherever occurring.
Insert instead
“RIC’s”.
Explanatory
note
The proposed amendments update references to a
statutory body.
2.45Trustee Companies Act 1964 No
6
Second and Third
Schedules
Omit “IOOF Australia Trustees (N.S.W.)
Limited” wherever occurring.
Insert instead “Tower Trust (NSW)
Limited”.
Explanatory
note
The proposed amendments are consequential on the
change of name of a company.
2.46Uncollected Goods Act 1995 No
68
Sections 6, 14 and
29
Omit “Unclaimed Money Act
1982” wherever occurring in the
sections.
Insert instead “Unclaimed Money Act
1995”.
Explanatory
note
The proposed amendment updates references to a
repealed Act.
2.47University of Western Sydney Act 1997 No
116
Schedule 4 Savings,
transitional and other provisions
Omit “this Act” from clause 1 (2).
Insert instead “the Act concerned”.
Explanatory
note
The proposed amendment amends a provision
concerning the effect of regulations of a savings or transitional nature made
under the University of Western Sydney Act
1997.
The amendment is consequential on the enactment
of an additional Act under which such regulations may be
made.
2.48Valuers Registration Act 1975 No
92
[1]Section 19 Removal of name of
real estate valuer from register
Omit “temporary patient, a continued
treatment patient, a protected person or an incapable person within the
meaning of the Mental Health Act 1958 or a person under
detention under Part 7 of that Act”.
Insert instead “a protected person within
the meaning of the Protected Estates Act
1983 or a temporary patient, a continued treatment patient
or a forensic patient within the meaning of the Mental
Health Act 1990”.
[2]Section 30
Regulations
Omit “14 (b),” from section 30
(4).
[3]Section 30A Provision relating
to Valuers Registration
Regulation
Omit the section.
Explanatory
note
Item [1] of the proposed amendments updates
references to terminology and to a repealed Act.
Item [2] of the proposed amendments omits a
redundant cross-reference.
Item [3] of the proposed amendments omits a spent
provision.
2.49Victims Support and Rehabilitation Act 1996 No
115
Section 77B Directions for
compensation
Insert “of the Crimes
(Sentencing Procedure) Act 1999” after “Part
3” in section 77B (1).
Explanatory
note
The proposed amendment inserts omitted
words.
Schedule 3Amendments to facilitate
implementation of SGML as a markup language for
legislation
(Section 3)
3.1Forestry and National Park Estate Act 1998 No
163
[1]Schedule 1 State forest
reserved as national park or historic site or dedicated as nature
reserve
Renumber Parts 1.1, 1.2, 1.5, and 1.6 as clauses
1, 2, 5 and 6 and add a colon and the subheading with respect to each existing
Part to the end of the clause headings as renumbered.
[2]Schedule 1, Part
1.3
Renumber the Part as clause 3 and number the
subheadings in clause 3 (as renumbered) as subclauses
(1)–(14).
[3]Schedule 1, Part
1.4
Renumber the Part as clause 4 and number the
subheadings in clause 4 (as renumbered) as subclauses
(1)–(4).
[4]Schedule 1, Part
2.1
Renumber the Part as clause 7 and number the
subheadings in clause 7 (as renumbered) as subclauses
(1)–(3).
[5]Schedule
1
Renumber Parts 2.2, 2.4, 2.5, 2.7,
2.9–2.12, 2.14–2.18, 2.20, 2.23–2.33, 2.36–2.38,
2.41–2.43, 2.48, 2.50, 2.51, 2.54, 2.56, 2.57, 2.59, 2.62, 2.64 and 2.65
as clauses 8, 10, 11, 13, 15–18, 20–24, 26, 29–39,
42–44, 47–49, 54, 56, 57, 60, 62, 63, 65, 68, 70 and 71 and add a
colon and the subheading with respect to each existing Part to the end of the
clause headings as renumbered.
[6]Schedule 1, Part
2.3
Renumber the Part as clause 9 and number the
subheadings in clause 9 (as renumbered) as subclauses
(1)–(3).
[7]Schedule 1, Part
2.6
Renumber the Part as clause 12 and number the
subheadings in clause 12 (as renumbered) as subclauses
(1)–(5).
[8]Schedule 1, Part
2.8
Renumber the Part as clause 14 and number the
subheadings in clause 14 (as renumbered) as subclauses (1) and
(2).
[9]Schedule 1, Part
2.13
Renumber the Part as clause 19 and number the
subheadings in clause 19 (as renumbered) as subclauses (1) and
(2).
[10]Schedule 1, Part
2.19
Renumber the Part as clause 25 and number the
subheadings in clause 25 (as renumbered) as subclauses
(1)–(4).
[11]Schedule 1, Part
2.21
Renumber the Part as clause 27 and number the
subheadings in clause 27 (as renumbered) as subclauses
(1)–(3).
[12]Schedule 1, Part
2.22
Renumber the Part as clause 28 and number the
subheadings in clause 28 (as renumbered) as subclauses (1) and
(2).
[13]Schedule 1, Part
2.34
Renumber the Part as clause 40 and number the
subheadings in clause 40 (as renumbered) as subclauses (1) and
(2).
[14]Schedule 1, Part
2.35
Renumber the Part as clause 41 and number the
subheadings in clause 41 (as renumbered) as subclauses
(1)–(4).
[15]Schedule 1, Part
2.39
Renumber the Part as clause 45 and number the
subheadings in clause 45 (as renumbered) as subclauses
(1)–(5).
[16]Schedule 1, Part
2.40
Renumber the Part as clause 46 and number the
subheadings in clause 46 (as renumbered) as subclauses (1) and
(2).
[17]Schedule 1, Part
2.44
Renumber the Part as clause 50 and number the
subheadings in clause 50 (as renumbered) as subclauses (1) and
(2).
[18]Schedule 1, Part
2.45
Renumber the Part as clause 51 and number the
subheadings in clause 51 (as renumbered) as subclauses
(1)–(5).
[19]Schedule 1, Part
2.46
Renumber the Part as clause 52 and number the
subheadings in clause 52 (as renumbered) as subclauses
(1)–(7).
[20]Schedule 1, Part
2.47
Renumber the Part as clause 53 and number the
subheadings in clause 53 (as renumbered) as subclauses
(1)–(3).
[21]Schedule 1, Part
2.49
Renumber the Part as clause 55 and number the
subheadings in clause 55 (as renumbered) as subclauses (1) and
(2).
[22]Schedule 1, Part
2.52
Renumber the Part as clause 58 and number the
subheadings in clause 58 (as renumbered) as subclauses
(1)–(3).
[23]Schedule 1, Part
2.53
Renumber the Part as clause 59 and number the
subheadings in clause 59 (as renumbered) as subclauses (1) and
(2).
[24]Schedule 1, Part
2.55
Renumber the Part as clause 61 and number the
subheadings in clause 61 (as renumbered) as subclauses
(1)–(3).
[25]Schedule 1, Part
2.58
Renumber the Part as clause 64 and number the
subheadings in clause 64 (as renumbered) as subclauses (1) and
(2).
[26]Schedule 1, Part
2.60
Renumber the Part as clause 66 and number the
subheadings in clause 66 (as renumbered) as subclauses (1) and
(2).
[27]Schedule 1, Part
2.61
Renumber the Part as clause 67 and number the
subheadings in clause 67 (as renumbered) as subclauses
(1)–(3).
[28]Schedule 1, Part
2.63
Renumber the Part as clause 69 and number the
subheadings in clause 69 (as renumbered) as subclauses
(1)–(3).
[29]Schedule
1
Renumber Parts 3.1, 3.2, 3.4–3.7,
3.9–3.16, 3.19, 3.21, 3.22, 3.25–3.27, 3.32–3.34, 3.38,
3.40–3.43, 3.45–3.47 and 3.50 as clauses 72, 73, 75–78,
80–87, 90, 92, 93, 96–98, 103–105, 109, 111–114,
116–118 and 121 and add a colon and the subheading with respect to each
existing Part to the end of the clause headings as
renumbered.
[30]Schedule 1, Part
3.3
Renumber the Part as clause 74 and number the
subheadings in clause 74 (as renumbered) as subclauses (1) and
(2).
[31]Schedule 1, Part
3.8
Renumber the Part as clause 79 and number the
subheadings in clause 79 (as renumbered) as subclauses (1) and
(2).
[32]Schedule 1, Part
3.17
Renumber the Part as clause 88 and number the
subheadings in clause 88 (as renumbered) as subclauses (1) and
(2).
[33]Schedule 1, Part
3.18
Renumber the Part as clause 89 and number the
subheadings in clause 89 (as renumbered) as subclauses (1) and
(2).
[34]Schedule 1, Part
3.20
Renumber the Part as clause 91 and number the
subheadings in clause 91 (as renumbered) as subclauses
(1)–(4).
[35]Schedule 1, Part
3.23
Renumber the Part as clause 94 and number the
subheadings in clause 94 (as renumbered) as subclauses
(1)–(3).
[36]Schedule 1, Part
3.24
Renumber the Part as clause 95 and number the
subheadings in clause 95 (as renumbered) as subclauses (1) and
(2).
[37]Schedule 1, Part
3.28
Renumber the Part as clause 99 and number the
subheadings in clause 99 (as renumbered) as subclauses
(1)–(3).
[38]Schedule 1, Part
3.29
Renumber the Part as clause 100 and number the
subheadings in clause 100 (as renumbered) as subclauses (1) and
(2).
[39]Schedule 1, Part
3.30
Renumber the Part as clause 101 and number the
subheadings in clause 101 (as renumbered) as subclauses (1) and
(2).
[40]Schedule 1, Part
3.31
Renumber the Part as clause 102 and number the
subheadings in clause 102 (as renumbered) as subclauses (1) and
(2).
[41]Schedule 1, Part
3.35
Renumber the Part as clause 106 and number the
subheadings in clause 106 (as renumbered) as subclauses (1) and
(2).
[42]Schedule 1, Part
3.36
Renumber the Part as clause 107 and number the
subheadings in clause 107 (as renumbered) as subclauses
(1)–(3).
[43]Schedule 1, Part
3.37
Renumber the Part as clause 108 and number the
subheadings in clause 108 (as renumbered) as subclauses (1) and
(2).
[44]Schedule 1, Part
3.39
Renumber the Part as clause 110 and number the
subheadings in clause 110 (as renumbered) as subclauses (1) and
(2).
[45]Schedule 1, Part
3.44
Renumber the Part as clause 115 and number the
subheadings in clause 115 (as renumbered) as subclauses
(1)–(5).
[46]Schedule 1, Part
3.48
Renumber the Part as clause 119 and number the
subheadings in clause 119 (as renumbered) as subclauses
(1)–(6).
[47]Schedule 1, Part
3.49
Renumber the Part as clause 120 and number the
subheadings in clause 120 (as renumbered) as subclauses (1) and
(2).
[48]Schedule 1, Part
3.51
Renumber the Part as clause 122 and number the
subheadings in clause 122 (as renumbered) as subclauses
(1)–(3).
[49]Schedule 2 Crown lands
reserved as national park or dedicated as nature reserve
Renumber Parts 1.1–1.6 of Schedule 2 as
clauses 1–6.
[50]Schedule 3 Parts of State
forests set apart as flora reserves under Forestry Act
1916
Renumber Parts 1.1–1.6 of Schedule 3 as
clauses 1–6.
[51]Schedule 3, Parts
2.1–2.5
Renumber the Parts as clauses
7–11.
[52]Schedule 3, Part
3.1
Renumber the Part as clause
12.
[53]Schedule 4 State forests
dedicated as Crown reserves under Crown Lands Act
1989
Omit:
Part Yurammie State Forest No
133
Insert instead:
1Part Yurammie State Forest No
133
[54]Schedule 4, Part
2.1
Renumber the Part as clause 2 and number the
subheadings in clause 2 (as renumbered) as subclauses (1) and
(2).
[55]Schedule
4
Renumber Parts 2.2 and 2.3 as clauses 3 and 4 and
add a colon and the subheading with respect to each existing Part to the end
of the clause headings as renumbered.
[56]Schedule 4, Part
3.1
Renumber the Part as clause 5 and number the
subheadings in clause 5 (as renumbered) as subclauses
(1)–(3).
[57]Schedule
4
Renumber Parts 3.2–3.4 as clauses 6–8
and add a colon and the subheading with respect to each existing Part to the
end of the clause headings as renumbered.
[58]Schedule 6 State forests and
Crown lands to be transferred to Aboriginal ownership
Omit:
Part 1.1Eden Local Aboriginal Land
Council
Wonboyn area
Part East Boyd State Forest No
127
Insert instead:
1Eden Local Aboriginal Land
Council
(1)
Wonboyn area: Part East Boyd State Forest No
127
[59]Schedule 6, Part
1
Omit:
Part Nadgee State Forest No
125
Insert instead:
(2)
Wonboyn area: Part Nadgee State Forest No
125
[60]Schedule 6, Part
1
Omit:
Kiah area
Part Nullica State Forest No
545
Insert instead:
(3)
Kiah area: Part Nullica State Forest No
545
[61]Schedule 6, Part
1
Omit:
Fisheries Beach area
Part East Boyd State Forest No
127
Insert instead:
(4)
Fisheries Beach area: Part East Boyd State
Forest No 127
[62]Schedule 6, Part
2
Renumber Part 2.1 as clause 2 and number the
subheadings in clause 2 (as renumbered) as subclauses
(1)–(3).
3.2Imperial Acts Application Act 1969 No
30
Part 3, Division 9 Landlord
and Tenant
Omit the heading
“Waste”.
3.3National Park Estate (Southern Region Reservations) Act
2000 No 103
[1]Schedule 1 State forest
reserved as national park or state recreation area or dedicated as nature
reserve
Add a colon and the subheading with respect to
clauses 1, 2, 5–12, 14–20, 22, 24, 28, 29, 31 and 33–35 to
the end of each of the relevant clause headings.
[2]Schedule 4 State forests and
other land dedicated as Crown reserves under Crown Lands Act
1989
Add a colon and the subheading with respect to
clauses 1–6 to the end of each of the relevant clause
headings.
[3]Schedule 4, clause
7
Number the subheadings to the clause as
subclauses (1) and (2).
3.4Parliamentary Evidence Act 1901 No
43
[1]Section 7 Non-attendance of
witness to be certified to a Judge
Omit “the second Schedule hereto”.
Insert instead “Schedule 2”.
[2]Section 8 Issue of
warrant
Omit “the Third Schedule hereto”.
Insert instead “Schedule 3”.
[3]Second
Schedule
Omit the heading. Insert instead:
Schedule 2Certificate
[1]Third
Schedule
Omit the heading. Insert instead:
Schedule 3Warrant
Schedule 4Repeals
(Section 4)
Name of
Act
Extent of
repeal
Anti-Discrimination Amendment (Carers’ Responsibilities)
Act 2000 No 242
Whole of
Act
Anzac Memorial
(Building) Amendment Act 1999 No 441
Whole of
Act
Appropriation Act
1999 No 323
Whole of
Act
Appropriation
(Parliament) Act 1999 No 333
Whole of
Act
Appropriation
(Special Offices) Act 1999 No 343
Whole of
Act
Appropriation
(1998 99 Budget Variations) Act 1999 No
83
Whole of
Act
Casino Control
Amendment Act 2000 No 572
Whole of
Act
Centennial Park
and Moore Park Trust Amendment (Eastern Distributor) Act 1997 No
191
Whole of
Act
Children
(Detention Centres) Amendment Act 1999 No
681
Whole of
Act
Consumer Credit
(New South Wales) Act 1993 No 74
Schedule
1
Conveyancing
Amendment (Central Register of Restrictions) Act 2000 No
42
Whole of
Act
Co-operatives
Legislation Amendment Act 1999 No 21
Whole of
Act
Correctional
Centres Legislation Amendment (Assumed Identities) Act 1999 No
571
Whole of
Act
Courts Legislation
Amendment Act 1999 No 391
Whole of
Act
Crimes and Courts
Legislation Amendment Act 1999 No
911
Whole of
Act
Crimes Legislation
Amendment (Police and Public Safety) Act 1998 No
381
Whole of
Act
Crimes Legislation
Amendment (Sentencing) Act 1999 No
941
Whole of
Act
Criminal Procedure
Amendment (Sexual Assault Communications Privilege) Act 1999 No
481
Whole of
Act
Drug Court
Amendment Act 1999 No 471
Whole of
Act
Education
Amendment (Special Courses of Study) Act 1999 No
751
Whole of
Act
Election Funding
Amendment Act 1999 No 531
Whole of
Act
Electricity Supply
Amendment Act 1999 No 351
Whole of
Act
Fair Trading
Tribunal Act 1998 No 1614
Schedule
4
Forestry
Restructuring and Nature Conservation Amendment Act 1999 No
501
Whole of
Act
Gambling
Legislation Amendment (Gaming Machine Restrictions) Act 2000 No
132
Whole of
Act
Gas Supply
Amendment (Safety) Act 1999 No 251
Whole of
Act
General Government
Debt Elimination Amendment Act 1999 No
91
Whole of
Act
Health Legislation
Amendment Act 1999 No 761
Whole of
Act
Home Building
Amendment Act 1999 No 261
Whole of
Act
Industrial
Relations Amendment Act 2000 No 672
Whole of
Act
Industrial
Relations Amendment (Council Swimming Centres) Act 2000 No
742
Whole of
Act
Institute of Rural
Studies Act 1973 No 543
Whole of
Act
Irrigation
Corporations Amendment Act 1999 No
781
Whole of
Act
Law Enforcement
and National Security (Assumed Identities) Amendment (Corrective Services) Act
1999 No 541
Whole of
Act
Law Enforcement
(Controlled Operations) Amendment Act 1999 No
791
Whole of
Act
Liquor Amendment
Act 1999 No 631
Whole of
Act
Liquor and
Registered Clubs Legislation Amendment Act 1999 No
121
Whole of
Act
Liquor and
Registered Clubs Legislation Amendment (Community Partnership) Act
1998 No 121
Whole of
Act
Liquor and
Registered Clubs Legislation Further Amendment Act 1999 No
271
Whole of
Act
Local Courts
Amendment (Part-time Magistrates) Act 1999 No
691
Whole of
Act
Local Government (Areas) Act 1948 No
304
Second
Schedule
Meat Industry
Amendment Act 1999 No 511
Whole of
Act
Natural Resources
Legislation Amendment (Rural Environmental Services) Act 1999 No
961
Whole of
Act
Parliamentary
Committees Legislation Amendment Act 1999 No
161
Whole of
Act
Parliamentary
Contributory Superannuation Amendment Act 1999 No
891
Whole of
Act
Parliamentary
Electorates and Elections Amendment Act 1999 No
701
Whole of
Act
Parliamentary Evidence Act 1901 No
434
Section 2,
First Schedule
Penalty Notices
Validation Act 2000 No 193
Whole of
Act
Police Service
Amendment Act 1999 No 731
Whole of
Act
Professional
Standards Amendment Act 1999 No 561
Whole of
Act
Property
(Relationships) Legislation Amendment Act 1999 No
41
Whole of
Act
Racing
Administration Amendment Act 1999 No
171
Whole of
Act
Real Property and
Conveyancing Legislation Amendment Act 1999 No
581
Whole of
Act
Registration of
Interests in Goods Amendment Act 1999 No
281
Whole of
Act
Residential Tribunal Act 1998 No
1684
Schedule
4
Road Transport
(Driver Licensing) Amendment Act 1999 No
591
Whole of
Act
Road Transport
Legislation Amendment Act 1999 No
191
Whole of
Act
Road Transport
(Safety and Traffic Management) Amendment (Camera Devices) Act 1999 No
821
Whole of
Act
Royal Botanic
Gardens and Domain Trust Amendment Act 1999 No
711
Whole of
Act
State Revenue
Legislation Further Amendment Act 1999 No
601
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1985 No
2311
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1986 No
2181
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 1) 1987 No
481
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1988 No
201
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1988 No
921
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 3) 1988 No
1311
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1989 No
891
Whole of
Act
Statute Law
(Miscellaneous Provisions) (No 2) Act 1989 No
1321
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 3) 1989 No
2261
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1990 No
461
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1990 No
1081
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1991 No
171
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1991 No
941
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1992 No
341
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1992 No
571
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 3) 1992 No
1111
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1993 No
461
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1993 No
1081
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1994 No
321
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1994 No
951
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1995 No
161
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1995 No
991
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1996 No
301
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1996 No
1211
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1997 No
551
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1997 No
1471
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1998 No
541
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1998 No
1201
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act 1999 No
311
Whole of
Act
Stock (Chemical
Residues) Amendment Act 1999 No 651
Whole of
Act
Stock Diseases
Amendment Act 1999 No 641
Whole of
Act
Strata Schemes
(Leasehold Development) Amendment Act 1999 No
521
Whole of
Act
Strata Schemes
Legislation Amendment (Strata Approvals) Act 1999 No
741
Whole of
Act
Superannuation
Legislation Amendment Act 1999 No 61
Whole of
Act
Superannuation
Legislation Further Amendment Act 1999 No
861
Whole of
Act
Technical
Education Trust Funds Amendment Act 1999 No
141
Whole of
Act
Transport
Legislation (Repeal and Amendment) Act 1988 No
1141
Whole of
Act
Victims
Compensation Amendment Act 2000 No
412
Whole of
Act
Water Amendment
(Flood Control Works) Act 1999 No
871
Whole of
Act
Water Legislation
Amendment Act 1999 No 981
Whole of
Act
Water Legislation
Amendment (Drinking Water and Corporate Structure) Act 1998 No
1451
Whole of
Act
Workers
Compensation Legislation Amendment Act 1999 No
241
Whole of
Act
Key
1
Acts passed in 1999 or earlier that contain only
amendments or spent provisions.
2
More recent amending Acts that contain only
amendments that have been incorporated in a reprint of the relevant Principal
Acts.
3
Acts that are no longer of practical
utility.
4
Provisions of Acts that were assented to at least
2 years ago, have commenced and, in some instances, have been included in a
reprint of the relevant Act.
Explanatory
note
The repeals are explained in detail in the
Explanatory note relating to this Act. In relation to the repeal of amending
Acts, it should be noted that the Acts are repealed simply to rationalise the
legislation in force and that the repeals have no substantive effect on the
amendments made by the Acts or any associated provisions. The Acts that were
amended by the Acts or provisions being repealed are up-to-date on the
Legislation Database maintained by the Parliamentary Counsel’s Office
and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that,
when an Act is amended or repealed, no amendment made by the Act is affected.
Section 30 (2) also ensures that the following matters are not
affected:
(a)
the proof of any past act or
thing,
(b)
any right, privilege, obligation or liability
saved by the operation of the Act,
(c)
any validation made by the
Act,
(d)
the operation of any savings or transitional
provision contained in the Act.
Schedule 5General savings, transitional
and other provisions
(Section 5)
1Effect of amendment of
amending provisions
(1)
An amendment made by Schedule 1 or 2 to an
amending provision contained in an Act is, if the amending provision has
commenced before the date of assent to this Act, taken to have effect as from
the commencement of the amending provision.
(2)
In this clause:
amending
provision means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes a direct
amendment to an Act by:
(a)
the repeal or omission of matter contained in the
amended Act without the insertion of any matter instead of the repealed or
omitted matter, or
(b)
the omission of matter contained in the amended
Act and the insertion of matter instead of the omitted matter,
or
(c)
the insertion into the amended Act of matter, not
being matter inserted instead of matter omitted from the
Act,
whether the provision was enacted before or after the
commencement of the Reprints Act
1972.
Explanatory
note
This clause ensures that certain amendments,
including amendments correcting errors in the technical provisions (for
example, headings indicating the section to be amended or directions as to
where a new section is to be inserted) and rectifying minor drafting errors
(for example, corrections in numbering of provisions, correction or insertion
of cross-references, omission of unnecessary matter or insertion of omitted
matter), will commence on the date the amendments to which they relate
commenced.
2Effect of amendment or repeal
on acts done or decisions made
Except where it is expressly provided to the
contrary, if this Act:
(a)
amends a provision of an Act,
or
(b)
repeals and re-enacts (with or without
modification) a provision of an Act,
any act done or decision made under the provision
amended or repealed has effect after the amendment or repeal as if it had been
done or made under the provision as so amended or repealed.
Explanatory
note
This clause ensures that the amendment or repeal
of a provision will not, unless expressly otherwise provided, vitiate any act
done or decision made under the provision as in force before the amendment or
repeal.
3Effect of amendment on
regulations
Except where expressly provided to the contrary,
any regulation made under an Act amended by this Act, and in force immediately
before the commencement of the amendment, is taken to have been made under the
Act as amended.
Explanatory
note
This clause ensures that, unless expressly
provided, any regulation made under an Act amended by the proposed Act, and in
force immediately before the commencement of the amendment, will be taken to
have been made under the amended Act.
4Regulations
(1)
The Governor may make regulations containing
provisions of a savings or transitional nature consequent on the enactment of
this Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to this Act or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Explanatory
note
This clause enables the making of regulations of
a savings or transitional nature having a short term effect and relating to
incidental matters arising out of the proposed Act with regard to which no
specific, or sufficient, provision has been made in the
Act.
Historical
notes
Table of amending
instruments
Statute Law (Miscellaneous
Provisions) Act 2001 No 56. Minister’s second
reading speech made: Legislative Assembly, 20.6.2001; Legislative Council,
2.7.2001 pm. Assented to 17.7.2001. Date of commencement, except Schs 1 and 2,
assent, sec 2 (1); date of commencement of Schs 1 and 2 (except Schs 1.8
[2]–[4], 1.10 and 1.18), assent, sec 2 (2); date of commencement of Sch
1.8 [2]–[4]: not in force; date of commencement of Sch 1.10, 1.9.2001,
Sch 1.10 and GG No 132 of 31.8.2001, p 6556; date of commencement of Sch 1.18,
29.6.2000, Sch 1.18.