2011
2011
2011-07-09
act
government
publicspecial
act.reprint
act-1987-015
partuncommenced
2011-06-21
2011-06-21
1
2011
none
act-2011-027
37a034fa-a6d9-498d-9c9b-083b8dcd82c3
8fc0bfca-ce50-4893-ae50-e874cfcee4cd
Note—
Amending provisions are subject to automatic
repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to repeal certain Acts and instruments and
to amend certain other Acts and instruments 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
2011.
2Commencement
(1)
This Act commences on 8 July 2011 or the date of
assent to this Act, whichever is the later.
(2)
However, the amendments made by the Schedules to
this Act 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 in accordance with subsection (1).
3Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules does not form part of
this Act.
Schedule 1Minor
amendments
1.1–1.3
1.4Election Funding, Expenditure and Disclosures Act
1981 No 78
Section 97E Public funding of
eligible parties for administrative expenditure
Omit “elected at the State election”
from section 97E (2) (b).
Insert instead “elected at a State election
(including at a joint sitting to fill a vacancy in the Legislative
Council)”.
Transitional
The amendment to section 97E extends to payments
from the Administration Fund in respect of expenditure incurred during the
2010 calendar year.
Explanatory
note
The Act provides that annual payments for
administrative expenditure are to be made from an Administration Fund to
political parties with parliamentary representatives (elected
members) based on the number of their elected members at the
time an annual amount becomes payable. The amendment makes it clear that the
number of elected members includes members at that time who were elected at a
joint sitting of members of Parliament to fill a casual vacancy in the
Legislative Council.
1.5–1.9
1.10Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 2 Public
offices
Omit the matter relating to Member of the
Consumer, Trader and Tenancy Tribunal from Part 1 of the
Schedule.
Insert instead:
Full-time member of the Consumer, Trader and
Tenancy Tribunal (other than the Deputy Chairperson (Registry and
Administration))
Part-time member of the Consumer, Trader and
Tenancy Tribunal (other than the Deputy Chairperson (Registry and
Administration))
Explanatory
note
The proposed amendment to the Statutory and Other Offices Remuneration Act
1975 allows the Statutory and Other Offices Remuneration
Tribunal to determine the remuneration of part-time members of the Consumer,
Trader and Tenancy Tribunal. The amendment is consequential on an amendment to
the Consumer, Trader and Tenancy Tribunal Act
2001 that provides for the remuneration of part-time
members of the Tribunal to be determined in the same manner as for full-time
members (that is, in accordance with the Statutory and
Other Offices Remuneration Act
1975).
1.11–1.14
sch 1: Am 1987 No 15,
sec 30C.
Schedule 2Amendments by way of statute
law revision
2.1–2.17
2.18Health
Care Complaints Act 1993 No 105
Section 7 (1)
(a)
Omit “section 10AM”. Insert instead
“section 100”.
Explanatory
note
The proposed amendment updates a
cross-reference.
2.19–2.31
2.32Mining
Act 1992 No 29
[1]Sections 218B (3) and 235F
(3)
Omit “the appropriate lodgment fee”
wherever occurring.
Insert instead “the application fee
prescribed by the regulations”.
[2]
Explanatory
note
The Mining Amendment
Act 2008 amended the Mining Act
1992 to provide that fees under that Act are to be
prescribed by regulation instead of being determined by the Minister. Item [1]
of the proposed amendments updates uncommenced provisions of the Mining Act 1992 as a consequence of that
change.
Item [2] of the proposed amendments makes a
consequential amendment to omit a definition that is no longer used in the
Mining Act 1992.
2.33–2.65
sch 2: Am 1987 No 15,
sec 30C.
Schedules 3, 4
sch 3: Rep 1987 No
15, sec 30C.
sch 4: Rep 1987 No
15, sec 30C.
Schedule 5General savings, transitional
and other provisions
1Effect of amendment of
amending provisions
(1)
An amendment made by Schedule 1, 2 or 3 to an
amending provision contained in an Act or instrument is, if the amending
provision has commenced before the Schedule 1, 2 or 3 amendment concerned,
taken to have effect as from the commencement of the amending provision
(whether or not the amending provision has been
repealed).
(2)
In this clause:
amending
provision means a provision of an Act or instrument that
makes a direct amendment to an Act or instrument by:
(a)
the repeal or omission of matter contained in the
amended Act or instrument without the insertion of any matter instead of the
repealed or omitted matter, or
(b)
the omission of matter contained in the amended
Act or instrument and the insertion of matter instead of the omitted matter,
or
(c)
the insertion into the amended Act or instrument
of matter, not being matter inserted instead of matter omitted from the Act or
instrument.
Explanatory
note
This clause ensures that certain amendments,
including amendments correcting errors in 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 be taken to have commenced 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 an instrument,
or
(b)
repeals and re-enacts (with or without
modification) a provision of an Act or an
instrument,
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 provided, vitiate any act done or
decision made under the provision as in force before the amendment or
repeal.
3Effect of amendment on
instruments
Except where expressly provided to the contrary,
any instrument made under an Act amended by this Act, that is 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 instrument that is in force and made under a provision of an Act
that is amended or substituted by the proposed Act will be taken to have been
made under the Act as amended.
4Revocation of
repeal
Section 29A of the Interpretation Act 1987 applies to the
repeal of Acts or instruments by this Act.
Explanatory
note
The effect of this clause is to enable the
Governor, by proclamation, to revoke the repeal of any Act or instrument or
the provision of any Act or instrument repealed by this Act. The Act or
instrument or provision of an Act or instrument the subject of the revocation
of repeal is taken not to be, and never to have been,
repealed.
5Regulations
(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 on the NSW
legislation website, 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 proposed
Act.
Historical
notes
Table of amending
instruments
Statute Law
(Miscellaneous Provisions) Act 2011 No 27. Assented to
27.6.2011. Date of commencement, Schs 1–4 excepted, 8.7.2011, sec 2 (1);
date of commencement of Schs 1–4, except Schs 1.10, 2.18, 2.19 [1],
2.23, 2.32 [1] and 2.65, 8.7.2011, sec 2 (2); date of commencement of Schs
1.10, 2.18 and 2.32 [1]: not in force; date of commencement of Sch 2.19 [1],
1.7.2010, Sch 2.19; date of commencement of Sch 2.23, 7.6.2011, Sch 2.23; date
of commencement of Sch 2.65, 1.2.2011, Sch 2.65.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Schs 1,
2
Am 1987 No
15, sec 30C.
Schs 3,
4
Rep 1987 No
15, sec 30C.