2020
2020
2021-03-01
act
government
publicspecial
act.reprint
allinforce
2020-09-23
2020-09-23
1
2020
none
act-2020-030
271ace3a-f49d-44a4-a79f-ce58dcfa3308
d46a6193-36e3-4d20-bc5d-ba5cedde2cdb
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 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
2020.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by this section.
(2)
The amendments made by Schedules 1 and 2 to this
Act commence on the day or days specified in the relevant Schedule in relation
to the amendment concerned.
(3)
However, if a commencement day is not specified
in Schedule 1 or 2 in relation to an amendment in the Schedule concerned, the
amendment commences on 11 December 2020.
(4)
The amendments made by Schedule 4 commence on 22
January 2021.
3Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules to this Act does not
form part of this Act.
Schedule 1Minor
amendments
1.1Animal
Research Act 1985 No 123
Section
61
Omit the section. Insert instead—
61Service of
notices
A notice that the Secretary is required or
permitted by or under this Act to cause to be served on a person may be served
in the following ways—
(a)
personally,
(b)
by means of a letter addressed to the person at
the person’s address last known to the Secretary,
(c)
by email to an email address specified by the
person for the service of notices of that kind.
Explanatory
note
The proposed amendment enables the service of
notices on persons to be effected by email.
1.2Annual
Holidays Act 1944 No 31
Section 14A Annual holidays
for local council workers
Omit section 14A(1)(a). Insert
instead—
(a)
applies to a worker who is an employee of any of
the following under the Local Government Act
1993—
(i)
a council,
(ii)
a county council,
(iii)
a joint organisation,
and
Explanatory
note
The proposed amendment extends section 14A of the
Annual Holidays Act 1944 (which allows a
local council and an employee of the local council to agree to the employee
receiving a payment in lieu of annual holidays, or taking annual holidays at
double or half pay) to county councils and joint organisations and their
employees. Treating employee leave entitlements consistently across these
entities recognises that county councils and joint organisations are created
to allow councils to work together to deliver services and that employees
often transfer between these entities.
1.3Anzac
Memorial (Building) Act 1923 No 27
Section 3C Australian Defence
Force representative
Insert after section 3C(3)—
(3A)
If, during the Australian Defence Force
representative’s term of office as a trustee, the person appointed as
the representative ceases to hold a position mentioned in subsection (2) but
continues to hold a position in the Australian Defence Force of the same or
equivalent, or higher, rank—
(a)
the person’s appointment as Australian
Defence Force representative and as a trustee continues in effect,
but
(b)
the person is not eligible for re-appointment
unless the person returns to a position mentioned in subsection
(2).
Explanatory
note
The proposed amendment makes it clear that the
appointment of a person as the Australian Defence Force representative and as
a trustee for the purposes of the Anzac Memorial
(Building) Act 1923 is not affected by a change in the
position held by the person during the person’s term of office as a
trustee.
1.4Associations Incorporation Act 2009 No
7
Sections 11(6)(b), 61A(3)(b),
74(4)(b), 76(5)(b) and 80(4)(b)
Insert “, or related to,” after
“used by” wherever occurring.
Explanatory
note
The proposed amendment enables the Secretary to
send notice of the following to an address or email address related to an
association if the Secretary suspects that the association’s official
address is no longer in use—
(a)
a proposed certificate to wind up the
association,
(b)
a proposed cancellation of the
association’s registration,
(c)
the cancellation of the association’s
registration as a consequence of the transfer of its incorporation to a
corresponding law.
It may be necessary to send notice to a related
address or email address if the association is not in operation and does not
have an address or email address in use.
1.5Better
Regulation Legislation Amendment Act 2019 No
23
Schedule 1
Amendments
Omit paragraph (a) of the definition of competent
person in Schedule 1.10[9].
Insert instead—
(a)
a registered health practitioner within the
meaning of the Health Practitioner Regulation
National Law (NSW), but only if the health practitioner is
registered under Division 1 or 2 of Part 7 of that
Law,
Explanatory
note
The proposed amendment will provide that a person
is a competent person for the purposes making a declaration relating to a
domestic violence termination notice under Division 3A of Part 5 of the
Residential Tenancies Act 2010 if the
person is a registered health practitioner, within the meaning of the Health Practitioner Regulation National Law
(NSW), but only if the health practitioner is registered
under Division 1 or 2 of Part 7 of that Law.
1.6Building and Construction Industry Security of Payment Act
1999 No 46
[1]Section 11 Due date for
payment
Insert “(other than an exempt residential
construction contract)” after “construction contract” in
section 11(1A).
[2]Section 35
Regulations
Insert at the end of section
35(4)(b)—
, and
(c)
apply, adopt or incorporate any publication as in
force at a particular time or as in force from time to
time.
Commencement
Item [1] of the proposed amendments to the
Building and Construction Industry Security of Payment Act
1999 commences on 1 March 2021.
Explanatory
note
Item [1] of the proposed amendments makes it
clear that the requirement for a progress payment under a construction
contract, which is required to be paid by a principal to a head contractor no
later than 15 business days after a payment claim is made, does not apply to
an exempt residential construction contract.
Item [2] enables the regulations to apply, adopt
or incorporate any publication as in force at a particular time or as in force
from time to time. This allows for updates to the Continuing Professional
Development Guidelines for Adjudicators (CPD Guidelines) and ensures that
continuing professional development requirements, as informed by the CPD
Guidelines, remain relevant for adjudicators.
1.7Centennial Park and Moore Park Trust Act 1983 No
145
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “Director” and
“Director’s” wherever occurring.
Insert instead “Chief Executive” and
“Chief Executive’s”, respectively.
[2]Section 4
Definitions
Omit the definition of Director from section 4(1). Insert
instead—
Chief
Executive means the person employed in the Public Service
who is assigned to the role of Chief Executive of the Centennial Park and
Moore Park Trust.
[3]Schedule 2 Transitional and
other provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering—
PartProvisions consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act 2020
References to Director to be
construed as Chief Executive
(1)
In any document, a reference to the Director of
Centennial Park and Moore Park is to be construed as a reference to the Chief
Executive of the Centennial Park and Moore Park Trust.
(2)
In this clause—
document means any Act or statutory
or other instrument, or any contract or agreement (other than this
Act).
Explanatory
note
Items [1] and [2] of the proposed amendments
replace the definition of, and references to, the “Director” with
a definition of, and references to, the “Chief Executive”, which
reflects the new title of that position with the Centennial Park and Moore
Park Trust.
Item [3] makes a consequential
amendment.
1.8Centennial Park and Moore Park Trust Regulation
2014
[1]Whole
Regulation
Omit “Director” and
“Director’s” wherever occurring.
Insert instead “Chief Executive” and
“Chief Executive’s”, respectively.
Explanatory
note
Item [1] of the proposed amendments replaces
references to “Director” with “Chief Executive”, which
reflects the new title of that position with the Centennial Park and Moore
Park Trust.
1.9Children’s Guardian Act 2019 No
25
[1]Section 18 Meaning of
“reportable allegation”
Insert after section 18(2)—
(2A)
Reportable allegation, in relation
to an employee of a religious body, means an allegation that the employee has
engaged in conduct that may be reportable conduct, whether or not the conduct
is alleged to have occurred in the course of the employee’s engagement
with the religious body.
[2]Section 19 Meaning of
“reportable conviction”
Insert at the end of section
19(1)(b)(ii)—
, or
(c)
in relation to an employee of a religious
body—whether or not the conduct occurred in the course of the
employee’s engagement with the religious
body.
[3]Schedule 4 Savings,
transitional and other provisions
Omit “1 March 2021” from clause 2(3).
Insert instead “1 September 2021”.
Explanatory
note
Items [1] and [2] of the proposed amendments
transfer the definitions of reportable allegation and reportable conviction in
relation to employees of religious bodies for the purposes of the reportable
conduct scheme from the Children’s
Guardian (Transitional) Regulation 2020 to the Children’s Guardian Act 2019. The
transitional provision is omitted by Schedule 1.10 to this Act.
Item [3] extends a transitional arrangement that
provides for certain provisions of regulations made under the Adoption Act 2000, the Children and Young Persons (Care and Protection) Act
1998, the Community
Services (Complaints, Reviews and Monitoring) Act 1993 and
the Ombudsman Act 1974 to continue in force
despite the commencement of the Children’s
Guardian Act 2019 or a regulation under that Act. The
provisions of the regulations are to be read as regulations made under the
Children’s Guardian Act 2019, with
the necessary modifications.
1.10Children’s Guardian (Transitional) Regulation
2020
Clause 8 Definitions relating
to religious bodies
Omit the clause.
Explanatory
note
The proposed amendment omits a transitional
provision that extends the definitions of “reportable allegation”
and “reportable conviction” to employees of religious bodies for
the purposes of the reportable conduct scheme. The definitions are transferred
to the Children’s Guardian Act
2019 by Schedule 1.9 to this Act.
1.11Contaminated Land Management Act 1997 No
140
[1]Section 92A Penalty
notices
Omit “serve a penalty notice on” from
section 92A(1).
Insert instead “issue a penalty notice
to”.
[2]Section 92A(2) and
(3)
Omit section 92A(2)–(5). Insert
instead—
(2)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(3)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations, not exceeding the maximum amount of penalty that could be imposed
for the offence by a court.
[3]Section
92A(5A)
Omit “Despite subsection (4), an”.
Insert instead “An”.
[4]Section 92A(5A) and
(5B)
Omit “served” wherever occurring.
Insert instead “issued”.
[5]Section
92A(5B)(c)
Omit “on whom”. Insert instead
“to whom”.
[6]Section 92A(6), (7) and
(9)
Omit the subsections.
Explanatory
note
Item [2] of the proposed amendments updates a
penalty notice provision to make it consistent with similar, standard
provisions in other Acts. The provision applies the Fines
Act 1996, as amended by the Fines
Amendment (Electronic Penalty Notices) Act 2016, to
penalty notices issued under the Contaminated Land
Management Act 1997.
Items [1], [4] and [5] update terminology. Item
[6] removes provisions that are no longer necessary because of the application
of the Fines Act 1996 to
penalty notices issued under the Contaminated Land
Management Act 1997. Item [3] makes a consequential
amendment.
1.12Co-operatives (Adoption of National Law) Act
2012 No 29
Section
25
Insert after section 24—
25Investigators under Fair Trading Act 1987 taken to be
inspectors
A person appointed as an investigator under
section 18 of the Fair Trading Act
1987 is taken to have been appointed as an inspector under
section 492 of the Co-operatives National Law
(NSW).
Explanatory
note
The proposed amendment provides that an
investigator appointed under section 18 of the Fair Trading Act
1987 is taken to have been appointed as an inspector for
the purposes of the Co-operatives National Law
(NSW).
1.13Education Act 1990 No
8
[1]Section 83B Financial and
other assistance in respect of non-government school
children
Omit section 83B(6). Insert instead—
(6)
Any financial assistance in respect of
non-government school children may be paid—
(a)
directly to the school that the children attend,
or
(b)
to any of the following for the benefit of that
school—
(i)
a system of non-government
schools,
(ii)
an approved system authority within the meaning
of the Australian Education Act 2013 of the
Commonwealth,
(iii)
a person or body approved by the Minister for the
purposes of this section.
[2]Section 83J Recovery of
amounts from schools
Omit “and any system of non-government
schools” from section 83J(4).
Insert instead “and any system, authority,
person or body referred to in section 83B(6)(b)”.
Explanatory
note
Item [1] of the proposed amendments provides that
financial assistance for non-government school children may be paid to an
approved system authority, within the meaning of the Australian Education Act
2013 of the Commonwealth, or to a person or body approved
by the Minister for Education and Early Childhood Learning for the purposes of
the provision, as alternatives to paying the assistance directly to the school
or to a system of non-government schools, as is currently the
case.
Item [2] is a consequential amendment to allow
the Minister to recover financial assistance paid to or for the benefit of a
non-compliant school from an approved system authority, person or
body.
1.14Electoral Funding Act 2018 No
20
Schedule 2 Savings,
transitional and other provisions
Insert at the end of the Schedule—
Part 4Provision consequent on
postponement of September 2020 local government
elections
20COVID-19 postponed local
government elections
To avoid doubt, for the purposes of sections 28
and 31A of this Act, the local government elections to be held on 4 September
2021 are taken to be ordinary elections of councillors under section 287(1) of
the Local Government Act
1993.
Explanatory
note
The proposed amendment to the Electoral Funding Act 2018 makes it
clear that the September 2021 local government elections, being the elections
postponed from September 2020 under Part 6A of Chapter 10 of the Local Government Act 1993, are ordinary
elections of councillors subject to the provisions of the Electoral Funding Act 2018 relating to
caps on electoral expenditure for local government election
campaigns.
1.15Exhibited Animals Protection Act 1986 No
123
[1]Section 5
Definitions
Omit the definition of licensing
standard from section 5(1).
[2]Section 24 Certain animals may
be displayed only with permit
Omit “that animal”. Insert instead
“animals of that species”.
[3]Section 25 Issue of
permits
Omit “an animal” and “the
animal” from section 25(1).
Insert instead “animals” and
“animals of that species”, respectively.
[4]Section
25(3)
Omit “the animal or animals specified or
described in the permit”.
Insert instead “an animal or animals of the
species specified in the permit”.
[5]Schedule 3,
heading
Omit the heading. Insert instead—
Schedule 3Standards
Explanatory
note
Item [1] of the proposed amendments makes it
clear that standards may be prescribed in respect of animal display
establishments of any class and not only those animal display establishments
of a class that is required to be licensed.
Items [2]–[4] clarify that a permit for the
exhibition of animals authorises a person to exhibit 1 or more animals of a
particular species.
Item [5] reflects that standards may also be
prescribed in respect of matters other than licensing.
1.16Fair
Trading Act 1987 No 68
Section 19 Powers of
entry
Insert “the investigator believes, on
reasonable grounds,” before “do not comply with a safety
standard” in section 19(3)(c1)(i).
Explanatory
note
The proposed amendment makes it clear that an
investigator may seize, detain or remove consumer goods if the investigator
believes, on reasonable grounds, that the goods do not comply with a safety
standard.
1.17Fisheries Management Act 1994 No
38
[1]Section 40 Regulations
relating to general management of fisheries
Insert after section 40(2)(k)—
(k1)
the gathering or collection of marine vegetation,
including the prohibition of the gathering or collection of marine vegetation
for commercial purposes except under the authority of a
permit,
[2]Section 191
Regulations
Omit section 191(c).
[3]Section 204B Marine vegetation
protected from any commercial harvesting
Omit “191” from the note to the
section. Insert instead “40(2)(k1)”.
[4]Section 205 Marine
vegetation—regulation of harm
Insert after section 205(2)—
(3)
In this section—
mangrove includes any of the
following species of vegetation—
(a)
Acrostichum speciosum (Mangrove
Fern),
(b)
Aegiceras corniculatum (River
Mangrove),
(c)
Avicennia marina (Grey
Mangrove),
(d)
Bruguiera gymnorhiza (Large Leaf
Mangrove),
(e)
Excoecaria agallocha (Milky
Mangrove),
(f)
Rhizophora stylosa (Stilted
Mangrove).
seagrass includes any of the
following species of vegetation—
(a)
Halodule uninervis
(Halodule),
(b)
Halodule tridentate
(Halodule),
(c)
Ruppia maritime
(Ruppia),
(d)
Ruppia megacarpa
(Ruppia),
(e)
Ruppia polycarpa
(Ruppia),
(f)
Halophila ovalis (Paddle
Weed),
(g)
Halophila decipiens (Paddle
Weed),
(h)
Halophila spinulosa (Paddle
Weed),
(i)
Hetrozostera nigricaulis (Eel
Grass),
(j)
Posidonia australis (Strap
Weed),
(k)
Zostera capricorni (Eel
Grass),
(l)
Zostera muelleri subsp. capricorni (Eel
Grass),
(m)
Zostera muelleri subsp. muelleri (Eel
Grass).
Explanatory
note
Items [1] and [2] relocate the regulation-making
power relating to the gathering or collection of marine vegetation, which is
not an aquaculture related activity, from the part of the Fisheries Management Act 1994 relating
to aquaculture management to the part relating to general fisheries
management. Item [3] makes a consequential amendment.
Item [4] defines particular species of mangroves
and seagrasses that a person must not harm in a protected area without a
permit.
1.18Fisheries Management (Aquaculture) Regulation
2017
[1]Clause 63 Permit required to
gather marine vegetation for commercial purposes
Omit the clause.
[2]Schedule 3 Fees, charges and
contributions
Omit item 26.
Explanatory
note
The proposed amendments are consequent on a
proposed amendment to the Fisheries Management Act
1994 in Schedule 1.17 to this Act that relocates the
regulation-making power relating to the gathering or collection of marine
vegetation within that Act.
1.19Fisheries Management (General) Regulation
2019
[1]Clause
98A
Insert after clause 98—
98APermit required to gather
marine vegetation for commercial purposes
(1)
A person must not gather marine vegetation for a
commercial purpose from any area of public water land except under the
authority of a permit issued by the Minister under this clause.
Maximum penalty—50 penalty
units.
(2)
A permit applies to the gathering of marine
vegetation only in the area specified in the permit.
(3)
A permit is not required for the gathering of
marine vegetation in accordance with an aquaculture permit or a permit under
Part 7 of the Act.
(4)
A permit may apply to marine vegetation generally
or to a particular class of marine vegetation specified in the
permit.
(5)
An application for a permit, or the renewal of a
permit, is to be made in writing to the Minister in the form approved by the
Minister and must be accompanied by the fee specified in Schedule
6.
(6)
If a person duly makes an application for a
permit, the Minister may issue, or may refuse to issue, a
permit.
(7)
A permit remains in force, unless sooner
cancelled or suspended by the Minister, until the expiration of the period
specified in the permit.
(8)
A permit is subject to the following conditions
and any further conditions attached to the permit by the
Minister—
(a)
marine vegetation must not be gathered from any
area if commercial fishing is taking place in the area unless, at the time the
commercial fishing commenced in that area, marine vegetation was being
gathered from the area in accordance with the permit,
(b)
marine vegetation must not be gathered from any
land that is held under any title granted by the Crown,
(c)
marine vegetation must not be gathered from any
marked navigation channel,
(d)
marine vegetation must not be gathered from any
area in which a public work is being carried out.
(9)
The Minister may, from time to time, by notice
given to the permit holder, vary the further conditions of a
permit.
(10)
Any permit issued under clause 63 of the Fisheries Management (Aquaculture) Regulation
2017 and in force immediately before the commencement of
this clause is taken to have been issued under this
clause.
(11)
In this clause, gather includes
collect.
[2]Schedule 6
Fees
Insert after item 7—
7A
Application
for permit or renewal of permit to gather marine vegetation for commercial
purposes (clause 98A(5))
$189
Explanatory
note
The proposed amendments are consequent on
proposed amendments to the Fisheries
Management Act 1994 in Schedule 1.17 to this Act that
relocate the regulation-making power relating to the gathering or collection
of marine vegetation within that Act. The provisions inserted by the
amendments are currently located in the Fisheries
Management (Aquaculture) Regulation
2017.
1.20Government Sector Employment Act 2013 No
40
Schedule 1 Public Service
agencies
Omit “Western City and Aerotropolis
Authority” wherever occurring in Part 2.
Insert instead “Western Parkland City
Authority”.
Explanatory
note
The proposed amendment is consequential on
proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this
Act.
1.21Growth
Centres (Development Corporations) Act 1974 No
49
Section 3A Special provisions
relating to Infrastructure NSW
Omit section 3A(2). Insert instead—
(2)
The growth centre in respect of which
Infrastructure NSW is taken to be constituted for the purposes of the relevant
provisions is the following land—
(a)
the land identified as a potential urban renewal
precinct on the State Environmental
Planning Policy (Urban Renewal) 2010 Granville Potential Precinct
Map under State
Environmental Planning Policy (Urban Renewal) 2010 as in
force immediately before 1 July 2019,
(b)
the land identified by yellow shading on the map
entitled “Cooks Cove growth centre”, dated 1 September 2020 and
published on Infrastructure NSW’s website,
(c)
the land outlined in red on the map entitled
“The Bays Growth Centre”, dated 1 September 2020 and published on
Infrastructure NSW’s website.
Note—
The UrbanGrowth NSW Development Corporation was
the development corporation for the land specified by this subsection
immediately before its dissolution by the State Revenue and
Other Legislation Amendment Act 2019 on 1 July
2019.
Explanatory
note
The proposed amendment updates references to the
lands for which Infrastructure NSW is able to exercise functions as a
development corporation. Infrastructure NSW is taken to be a development
corporation for growth centres that were previously administered by the
UrbanGrowth NSW Development Corporation before its
dissolution.
1.22Health
Administration Act 1982 No 135
[1]Section 21
Delegation
Omit section 21(12)(a).
[2]Section 23 Specially
privileged information
Omit “(1) or” from section
23(1).
Explanatory
note
Item [1] of the proposed amendments will enable
the Minister for Health and Medical Research to delegate the power to give an
approval for the disclosure of information obtained in connection with the
conduct of research or investigations into morbidity or mortality occurring
within New South Wales. Item [2] omits a reference to a repealed
provision.
1.23Hemp
Industry Act 2008 No 58
[1]Section 42 Service of
documents
Omit section 42(1)(a)(iii). Insert
instead—
(iii)
sending it by email to an email address specified
by the person for the service of documents of that kind,
or
[2]Section
42(1)(b)(ii)
Omit the subparagraph. Insert
instead—
(ii)
sending it by email to an email address specified
by the body corporate for the service of documents of that
kind.
Explanatory
note
The proposed amendments enable the service of
documents on persons, including bodies corporate, to be effected by
email.
1.24Heritage Act 1977 No
136
[1]Section 62,
heading
Omit the heading. Insert instead—
62Process for determination of
application
[2]Section
62(2)
Insert at the end of the section—
(2)
The regulations may make further provision with
respect to the process for determining an application.
[3]Section 65 Effect of failure
to make determination
Insert after section 65(3)—
(4)
The regulations may prescribe periods of time
that are not to be taken into account in calculating the expiration of the
periods referred to in subsection (1) in circumstances where the approval body
has requested the applicant to provide it with additional information relating
to the application.
Explanatory
note
Item [2] of the proposed amendments enables the
regulations to expand on the process for determining applications including,
for example, by allowing the approval body to ask the applicant for more
information about the application to help it make a determination. Item [1]
makes a consequential amendment.
Item [3] enables regulations to be made to
provide that, if the approval body has asked an applicant to provide more
information, the passage of the 40- or 60-day period in which a determination
must be made may be suspended for a prescribed period.
1.25Independent Commission Against Corruption Regulation
2017
Appendix NSW Ministerial Code
of Conduct
Insert after Part 3 in the Schedule to the NSW
Ministerial Code of Conduct—
Part 3ACommissions from property
developers
Note—
This Part also applies to Parliamentary
Secretaries, and a reference to a Minister in this Part includes a reference
to a Parliamentary Secretary.
16ACommissions from property
developers
(1)
A Minister must not accept or seek payment of a
commission from a property developer, either directly or through a third
party.
(2)
In this clause—
property
developer means a property developer within the meaning of
Part 2, Division 7 of the Electoral Funding Act
2018.
1.26Local
Land Services Act 2013 No 51
[1]Section 209 Service of
documents
Omit section 209(2)(a)(iii). Insert
instead—
(iii)
sending it by email to an email address specified
by the person for the service of documents of that kind,
or
[2]Section
209(2)(b)(ii)
Omit the subparagraph. Insert
instead—
(ii)
sending it by email to an email address specified
by the body corporate for the service of documents of that
kind.
[3]Schedule 5A Allowable
activities clearing of native vegetation
Omit “Chief Environmental Regulator of
the” from clause 17(3)(b).
Explanatory
note
Items [1] and [2] enable the service of documents
on persons (including bodies corporate) to be effected by
email.
Item [3] removes a redundant reference to the
Chief Environmental Regulator, which no longer exists.
1.27Marine
Estate Management Act 2014 No 72
[1]Section 7 Establishment of
Marine Estate Management Authority
Omit section 7(2)(c) and (d). Insert
instead—
(c)
a Public Service senior executive principally
involved in the administration of the Biodiversity
Conservation Act 2016 and who is designated by the
Secretary of the Department of Planning, Industry and Environment,
and
(d)
a Public Service senior executive principally
involved in the administration of the Environmental
Planning and Assessment Act 1979 and who is designated by
the Secretary of the Department of Planning, Industry and Environment,
and
[2]Section
7(4)
Insert after section 7(3)—
(4)
For the purposes of this clause—
Public
Service senior executive has the meaning given by the
Government Sector Employment Act 2013,
Part 4, Division 4.
Explanatory
note
The proposed amendments enable the Secretary of
the Department of Planning, Industry and Environment to designate appropriate
senior executive public servants as members of the Marine Estate Management
Authority.
1.28Museum
of Applied Arts and Sciences Act 1945 No
31
Section 5 Vacation of
office
Omit section 5(2).
Explanatory
note
The proposed amendment removes the requirement
for a trustee of the Museum of Applied Arts and Sciences to be under 70 years
of age.
1.29Ombudsman Act 1974 No
68
[1]Section 8A,
heading
Omit the heading. Insert instead—
8ADeputy
Ombudsman—functions
[2]Section
8A(1)(a)
Omit “9,”.
[3]Section
8A(2)
Omit the subsection.
[4]Section 9 Special
officers
Omit section 9.
[5]Section 10
Delegation
Omit “a special officer” from section
10(1).
Insert instead “an Assistant Ombudsman or
an officer”.
[6]Section
10(2)(b)
Omit “9,”.
[7]Section
10(2A)(a)
Insert “, 28” after
“26”.
[8]Section
10(2A)(b)
Omit “a special officer”. Insert
instead “an officer”.
[9]Section 15 Reasons for refusal
to conciliate, investigate or continue to investigate
Omit section 15(2). Insert instead—
(2)
However, if the complaint was made orally, the
Ombudsman may inform the complainant orally of the Ombudsman’s decision
and the reasons for the decision unless the complainant asks to be informed of
the Ombudsman’s reason in writing.
(2A)
Subsection (2) does not prevent the Ombudsman
from informing the complainant in writing of the Ombudsman’s decision
and the reasons for the decision in relation to a complaint made orally if the
Ombudsman is satisfied that it is appropriate to do so in the
circumstances.
[10]Section 32
Staff
Omit section 32(4). Insert instead—
(4)
While a police officer is an officer of the
Ombudsman by reason of the services of the police officer being made use of
under subsection (2), the police officer retains rank, seniority and
remuneration as a police officer and may continue to act as a
constable.
[11]Section 37
Offences
Omit section 37(2)(d).
[12]Section
37(2)(f)
Omit “or special
officer”.
Explanatory
note
Item [4] of the proposed amendments omits a
provision that allows the Ombudsman to appoint an officer of the Ombudsman to
be a special officer, to whom the Ombudsman can delegate functions. The
provision is unnecessary as, in practice, the Ombudsman delegates functions to
the Assistant Ombudsman, who is deemed a special officer under section 8A(2),
and officers of the Ombudsman, any of whom can be appointed a special officer.
The role of special officer inserts an unnecessary bureaucratic step in the
process of creating delegations and has no other purpose under the Ombudsman Act 1974. Items [1]–[3],
[5]–[8] and [10]–[12] make consequential
amendments.
Item [9] of the proposed amendments enables the
Ombudsman to orally inform a complainant about the Ombudsman’s decision
in relation to a complaint if the complaint was made orally, unless the
complainant asks the Ombudsman to inform the complaint in writing. The
proposed amendment also makes it clear that the Ombudsman may inform the
complainant about the decision in writing if the Ombudsman considers it
appropriate in the circumstances.
1.30Parramatta Park Trust Act 2001 No
17
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “Director” and
“Director’s” wherever occurring.
Insert instead “Chief Executive” and
“Chief Executive’s”, respectively.
[2]Section 3
Definitions
Omit the definition of Director from section 3(1). Insert
instead—
Chief
Executive means the person employed in the Public Service
who is assigned to the role of Chief Executive of the Parramatta Park
Trust.
[3]Schedule 4 Savings and
transitional provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering—
PartProvisions consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act 2020
References to Director to be
construed as Chief Executive
(1)
In any document, a reference to the Director of
Parramatta Park is to be construed as a reference to the Chief Executive of
the Parramatta Park Trust.
(2)
In this clause—
document means any Act or statutory
or other instrument, or any contract or agreement (other than this
Act).
Explanatory
note
Items [1] and [2] of the proposed amendments
replace the definition of, and references to, the “Director” with
a definition of, and references to, the “Chief Executive”. This
amendment reflects the new title of that position with the Parramatta Park
Trust.
Item [3] makes a consequential
amendment.
1.31Pesticides Act 1999 No
80
[1]Sections 75, 77 and
78
Omit the sections.
[2]Section 76,
heading
Omit the heading. Insert instead—
76Penalty
notices
[3]Section
76(1)
Omit “serve a penalty notice on”.
Insert instead “issue a penalty notice to”.
[4]Section
76(2)–(5)
Omit section 76(2) and (3). Insert
instead—
(2)
A penalty notice offence is an offence against
this Act or the regulations that is prescribed by the regulations as a penalty
notice offence.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations, not exceeding $1,500 or the maximum amount of penalty that could
be imposed for the offence by a court.
(5)
In addition to any manner of issuing a penalty
notice provided for by the Fines Act
1996, a penalty notice may be issued under this section by
leaving the notice on a vehicle or at premises in respect of which the offence
was committed.
[5]Section 79 Withdrawal of
penalty notice
Omit “served” wherever occurring.
Insert instead “issued”.
[6]Section
79(2)(c)
Omit “on whom”. Insert instead
“to whom”.
[7]Section 80 Effect on other
provisions
Insert “any other provision of, or made
under,” after “operation of”.
Explanatory
note
Item [4] of the proposed amendments updates a
penalty notice provision to make it consistent with similar, standard
provisions in other Acts. The provision applies the Fines
Act 1996, as amended by the Fines
Amendment (Electronic Penalty Notices) Act 2016, to
penalty notices issued under the Pesticides Act
1999 and enables a penalty notice to be issued by leaving
it on a vehicle or at premises (in addition to being issued personally or by
post as provided for by the Fines Act
1996).
Items [2], [3] and [5]–[7] are
consequential amendments that update terminology. Item [1] removes provisions
that are no longer necessary because of the application of the Fines Act 1996 to penalty notices issued
under the Pesticides Act
1999.
1.32Pesticides Regulation
2017
[1]Clause 59 Penalty
notices
Omit the clause.
[2]Schedule 3 Penalty notice
offences
Omit “(Clause
59)”.
[3]Schedule 3, clause
1
Omit—
For the purposes of section 75 (1) of the
Act—
(a)
each offence specified in this Schedule is an
offence for which a penalty notice may be issued, and
(b)
the amount payable under any such penalty notice
is the amount specified in this Schedule for the
offence.
Insert instead—
1Application of
Schedule
(1)
For the purposes of section 76 of the
Act—
(a)
each offence created by a provision specified in
this Schedule is an offence for which a penalty notice may be issued,
and
(b)
the amount payable for the penalty notice is the
amount specified opposite the provision.
(2)
If the provision is qualified by words that
restrict its operation to limited kinds of offences or to offences committed
in limited circumstances, the penalty notice may be issued only
for—
(a)
that limited kind of offence,
or
(b)
an offence committed in those limited
circumstances.
Explanatory
note
Item [3] of the proposed amendments updates the
Schedule to the Regulation containing penalty notice offences in line with
standard provisions relating to penalty notices. Item [1] omits a redundant
clause. Item [2] makes a consequential amendment.
1.33Prevention of Cruelty to Animals Act 1979 No
200
[1]Section 8 Animals to be
provided with food, drink or shelter
Omit “and the Department” from
section 8(4).
[2]Section 29C Court may make
order regarding care of animals
Omit “or the Department” from section
29C(3)(a).
Explanatory
note
Item [1] of the proposed amendments removes the
requirement for the prosecution to obtain advice from both Local Land Services
and Regional NSW about the state of a stock animal and the appropriate care
for it before commencing proceedings for an offence of failing to provide the
animal with food, drink or shelter. Instead, the prosecution will only be
required to obtain advice from Local Land Services.
Item [2] removes the requirement for an officer
under the Prevention of Cruelty to Animals Act
1979 to obtain advice about the appropriate care of
livestock from Local Land Services or Regional NSW before applying for a court
order for the immediate maintenance and care of the animal. Instead, the
officer will only be required to obtain advice from Local Land
Services.
1.34Property and Stock Agents Act 2002 No
66
Section 211 Fraudulent
conversion and false accounts of money received by licensee or registered
person
Omit “jury are” from section 211(5).
Insert instead “trier of fact is”.
Explanatory
note
The proposed amendment corrects a reference to
the “jury” to recognise that proceedings for an offence under the
section may be conducted before a single judge in the absence of a
jury.
1.35Protection of the Environment Operations Act
1997 No 156
[1]Sections 222, 223, 225 and
227
Omit the sections.
[2]Section 224,
heading
Omit the heading. Insert instead—
224Penalty
notices
[3]Section
224(1)
Omit “serve a penalty notice on”.
Insert instead “issue a penalty notice to”.
[4]Section
224(2)–(5)
Omit section 224(2) and (3). Insert
instead—
(2)
A penalty notice offence is an offence against
this Act or the regulations that is prescribed by the regulations as a penalty
notice offence.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations, not exceeding the maximum amount of penalty that could be imposed
for the offence by a court.
(5)
In addition to any manner of issuing a penalty
notice provided for by the Fines Act
1996, a penalty notice may be issued under this section by
leaving the notice on a vehicle or at premises in respect of which the offence
was committed.
[5]Section 228 Withdrawal of
penalty notice
Omit “served” wherever occurring.
Insert instead “issued”.
[6]Section
228(2)(c)
Omit “on whom”. Insert instead
“to whom”.
[7]Section 229 Effect on other
provisions
Insert “any other provision of, or made
under,” after “operation of”.
[8]Dictionary
Omit “section 223 (What is a penalty
notice?)” from the definition of penalty
notice.
Insert instead “section
224”.
Explanatory
note
Item [4] of the proposed amendments updates a
penalty notice provision to make it consistent with similar, standard
provisions in other Acts. The provision applies the Fines
Act 1996, as amended by the Fines
Amendment (Electronic Penalty Notices) Act 2016, to
penalty notices issued under the Protection of the
Environment Operations Act 1997 and enables a penalty
notice to be issued by leaving it on a vehicle or at premises (in addition to
being issued personally or by post as provided for by the Fines
Act 1996).
Items [2], [3] and [5]–[7] are
consequential amendments that update terminology. Item [1] removes provisions
that are no longer necessary because of the application of the Fines Act 1996 to penalty notices issued
under the Protection of the Environment
Operations Act 1997. Item [8] updates a
cross-reference.
1.36Protection of the Environment Operations (General)
Regulation 2009
[1]Clause 80 Penalty notice
offences
Omit the clause.
[2]Clause 82 Amounts of penalty
payable
Omit the clause.
[3]Clause 83,
heading
Omit “Service of penalty notices
on”. Insert instead “Issue of penalty notices
to”.
[4]Clause
83(2)
Omit “served”. Insert instead
“issued”.
[5]Clause 83A,
heading
Omit “Service of penalty notices
on”. Insert instead “Issue of penalty notices
to”.
[6]Clause
83A(2)
Omit “served”. Insert instead
“issued”.
[7]Schedule 6 Penalty notice
offences
Omit “(Clauses
80–82)”.
[8]Schedule 6, clause
1
Insert after the heading to the
Schedule—
1Application of
Schedule
(1)
For the purposes of section 224 of the
Act—
(a)
each offence created by a provision specified in
this Schedule is an offence for which a penalty notice may be issued,
and
(b)
the amount payable for the penalty notice
is—
(i)
the amount specified opposite the provision in
Column 3, or
(ii)
if the person alleged to have committed the
offence is a corporation, and if a greater amount is specified opposite the
provision in Column 4, the amount specified in Column
4.
(2)
If the provision is qualified by words that
restrict its operation to limited kinds of offences or to offences committed
in limited circumstances, the penalty notice may be issued only
for—
(a)
that limited kind of offence,
or
(b)
an offence committed in those limited
circumstances.
[9]Schedule
6
Omit “served” wherever occurring.
Insert instead “issued”.
Explanatory
note
Items [3]–[6] and [9] of the proposed
amendments are consequential on proposed amendments to the Protection of the Environment Operations Act
1997 in Schedule 1.35 to this Act. Items [1] and [2] omit
redundant clauses. Item [7] omits a redundant cross-reference.
Item [8] updates the Schedule to the Regulation
containing penalty notice offences in line with standard provisions relating
to penalty notices.
1.37Protection of the Environment Operations (Noise Control)
Regulation 2017
[1]Clauses 7(4)(a), 32(4)(a) and
36(4)(a)
Omit “notice has been given” wherever
occurring. Insert instead “notice has been
issued”.
[2]Clauses 7(4)(a), 32(4)(a) and
36(4)(a)
Omit “after service of” wherever
occurring. Insert instead “after the issue
of”.
[3]Clauses 7(5) and
32(5)
Omit “motor vehicle served” wherever
occurring. Insert instead “motor vehicle
issued”.
[4]Clauses 7(5), 32(5) and
36(5)
Omit “penalty notice being served on”
wherever occurring.
Insert instead “penalty notice being issued
to”.
[5]Clause 36 Persons in charge or
owners of vessels that emit offensive noise
Omit “by a person served” from clause
36(5). Insert instead “by a person issued”.
Explanatory
note
The proposed amendments are consequential on
proposed amendments to the Protection of the
Environment Operations Act 1997 in Schedule 1.35 to this
Act.
1.38Public
Finance and Audit Act 1983 No 152
Schedule 2 Statutory
bodies
Omit “Western City and Aerotropolis
Authority”.
Insert instead “Western Parkland City
Authority”.
Explanatory
note
The proposed amendment is consequential on
proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this
Act.
1.39Public
Health Act 2010 No 127
Section
10A
Insert after section 10—
10AOrder may adopt
publication
A direction made by the Minister by order under
section 7, 8 or 9 may adopt, and require compliance with, a publication as in
force for the time being.
Explanatory
note
By allowing for the incorporation into a
Ministerial order of a publication as in force for the time being, the
proposed amendment will promote a flexible and timely response to rapidly
evolving public health situations, such as the current COVID-19 pandemic, in
which scientific knowledge, and the expert medical advice that relies on that
knowledge, changes frequently.
1.40Residential Tenancies Act 2010 No
42
[1]Section 8 Agreements to which
Act does not apply
Omit section 8(1)(h).
[2]Section 65B Damage to
premises—investigation by Secretary
Omit “under section 54(1A) or (1B).”
from section 65B(9).
Insert instead—
under—
(a)
section 54(1A) or (1B), or
(b)
section 54A.
Explanatory
note
Item [1] of the proposed amendments omits section
8(1)(h) of the Residential Tenancies Act
2010 (the Act) as a consequence of the
insertion of section 8(1)(bb) of the Act.
Item [2] provides that a tenant rectification
order does not apply to a tenant who is an exempted tenant in the
circumstances specified in section 54A of the Act.
1.41Retirement Villages Act 1999 No
81
Section 205 COVID-19
pandemic—non-compliance with conditions of Ministerial
exemptions
Insert after section 205(2)—
(3)
The Minister may delegate the Minister’s
functions under subsection (1) to any person, or any class of persons,
employed in the Department of Customer Service.
Explanatory
note
The proposed amendment enables the Minister for
Better Regulation and Innovation to delegate the issuing of compliance notices
under section 205(1) of the Retirement
Villages Act 1999 to persons employed in the Department of
Customer Service.
1.42Royal
Botanic Gardens and Domain Trust Act 1980 No
19
Schedule 1, clause
9A
Insert after clause 9—
9APersonal
liability
(1)
A protected person is not personally subject to
any liability for anything done—
(a)
in good faith, and
(b)
for the purpose of executing functions under this
Act.
(2)
The liability instead attaches to the
Crown.
(3)
In this section—
done includes omitted to be
done.
liability means civil liability and
includes action, claim or demand.
protected
person means—
(a)
the Trust, or
(b)
a trustee, or
(c)
a person acting under the direction of the
Trust.
Explanatory
note
The proposed amendment inserts a provision that
is a standard provision in legislation establishing statutory bodies
representing the Crown, giving the persons constituting the statutory body (in
this case, the trustees of the Royal Botanic Gardens and Domain Trust
established by the Royal Botanic Gardens and Domain Trust
Act 1980) immunity from personal
liability.
1.43Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 2 Public
offices
Omit “Western City and Aerotropolis
Authority” from Part 1.
Insert instead “Western Parkland City
Authority”.
Explanatory
note
The proposed amendment is consequential on
proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this
Act.
1.44Stock
Medicines Act 1989 No 182
[1]Section 62 Service of
notices
Insert after section 62(a)(ii)—
(iii)
by sending it by email to an email address
specified by the person for the service of notices or orders of that kind,
or
[2]Section
62(b)
Omit the paragraph. Insert instead—
(b)
on a body corporate—
(i)
by leaving it at, or by sending it by pre-paid
post to, the head office, a registered office or a principal office of the
body corporate, or
(ii)
by sending it by email to an email address
specified by the body corporate for the service of notices or orders of that
kind.
Explanatory
note
The proposed amendments enable the service of
notices or orders on persons (including bodies corporate) to be effected by
email.
1.45Succession Act 2006 No
80
[1]Schedule 1 Savings,
transitional and other provisions
Insert in appropriate order in clause
9—
the 1898
Act means the Probate and
Administration Act 1898.
[2]Schedule 1, clause
11(6)
Insert after clause 11(5)—
(6)
Section 41A of the 1898 Act, as in force
immediately before its repeal by the amending Act, continues to apply in
respect of a person who died before the commencement of this clause as if that
section had not been repealed.
Explanatory
note
The proposed amendment in item [2] transfers a
savings and transitional provision from the Succession Regulation 2020. The
provision preserves the application of section 41A of the Probate and Administration Act 1898 in
respect of a person who died before 1 March 2009. That section gives the
Supreme Court jurisdiction to grant administration in respect of a deceased
person in order to permit an application to be made under the Family Provision Act 1982. Item [1]
makes a consequential amendment.
1.46Succession Regulation
2020
Clause 5 Probate or
administration for purpose of Family Provision
Act 1982
Omit the clause.
Explanatory
note
The proposed amendment repeals a savings and
transitional clause transferred to the Succession Act
2006 by Schedule 1.45 to this Act.
1.47Tow
Truck Industry Act 1998 No 111
[1]Sections 20(2)(i1) and
29(2)(b2)
Omit “3 years” wherever occurring.
Insert instead “3 or 5 years”.
[2]Section 41 Disciplinary
action
Omit “3 years” from section
41(2)(a1). Insert instead “3 or 5 years”.
Explanatory
note
Since 1 July 2020 tow truck operators licences
and tow truck drivers certificates under the Tow Truck
Industry Act 1998 have been available for a term of 5
years as an alternative to 1-year and 3-year licences and certificates. Item
[1] of the proposed amendments applies conditions to 5-year licences and
certificates that apply to 3-year licences and certificates. Item [2] applies
a provision relating to disciplinary action to holders of 5-year licences and
certificates in the same way that it applies to holders of 3-year licences and
certificates.
1.48Water
Management Act 2000 No 92
[1]Section 55A Application of
Part
Omit section 55A(3). Insert instead—
(3)
To avoid doubt, the repeal, replacement or
amendment of a management plan so as to remove, add or change the description
of a water source described in a proclamation made under this section does not
affect the application of this Part to the water source as effected by a
proclamation previously made under this Part.
[2]Section 60F General
defence
Omit “, a consent given under section 71V
or an order under section 85A” from section 60F(2)(a).
Insert instead “or a consent given under
section 71V”.
[3]Section
60F(2)(a1)
Insert after section 60F(2)(a)—
(a1)
that the water was taken in circumstances for
which provision is made in a management plan pursuant to section 85A(2),
or
[4]Section 88A Application and
objects of Part
Omit section 88A(2A). Insert
instead—
(2A)
To avoid doubt, the repeal, replacement or
amendment of a management plan so as to remove, add or change the description
of a water source described in a proclamation made under this section does not
affect the application of this Part to the water source as effected by a
proclamation previously made under this Part.
[5]Section 101A Metering
equipment condition
Insert after section 101A(1)—
(1A)
On the imposition of the condition by this
section, any other condition relating to the installation, use and maintenance
of metering equipment in connection with the work imposed on the water supply
work approval under this Act, or any other instrument made under this Act,
ceases to have effect.
Explanatory
note
Items [1] and [4] of the proposed amendments make
corrections to terminology and clarify that the operation of proclamations
previously made under sections 55A and 88A is not affected by the addition of
a water source to a management plan or the replacement of a management
plan.
Items [2] and [3] remove an inconsistency between
section 60F(2) and section 85A in order to clarify the operation of the
defences available under section 60F(2).
Item [5] makes it clear that, on the imposition
of the mandatory condition on a water supply work approval under section 101A
of the Water Management Act
2000 (the Act) requiring metering equipment to
be installed, used and properly maintained in connection with the work, any
other condition imposed on the approval under the Act, or any other instrument
made under the Act, ceases to have effect.
1.49Western City and Aerotropolis Authority Act 2018
No 53
[1]Long
title
Omit “Western City and Aerotropolis
Authority”.
Insert instead “Western Parkland City
Authority”.
[2]Section 1 Name of
Act
Omit “Western City and Aerotropolis
Authority”.
Insert instead “Western Parkland City
Authority”.
[3]Section 4
Definitions
Omit “Western City and Aerotropolis
Authority” from the definition of Authority in section
4(1).
Insert instead “Western Parkland City
Authority”.
[4]Section 6 Constitution of
Authority
Omit section 6(1). Insert instead—
(1)
There is constituted by this Act a corporation
with the corporate name of the Western Parkland City
Authority.
[5]Section 19,
heading
Omit the heading. Insert instead—
19Western Parkland City
Fund
[6]Section
19(1)
Omit “Western City Fund”. Insert
instead “Western Parkland City Fund”.
[7]Section
19(5)
Insert after section 19(4)—
(5)
In any Act or statutory or other instrument, or
in any contract or agreement, a reference to the Western City Fund is to be
construed as a reference to the Western Parkland City
Fund.
[8]Section
27
Insert after section 26—
27Change of name of Western City
and Aerotropolis Authority to Western Parkland City
Authority
The substitution of section 6(1) of this Act by
the Statute Law (Miscellaneous Provisions) Act
2020effects the alteration of the name of the Western City
and Aerotropolis Authority in terms of section 53 of the Interpretation Act 1987 and accordingly
that section applies.
Note—
Section 53 of the Interpretation
Act 1987 provides that if an Act alters the name of a body
or office—
(a)
the body or office continues in existence under
its new name so that its identity is not affected, and
(b)
a reference in any Act or instrument, or in any
other document, to the body or office under its former name is to be read as a
reference to the body or office under its new name.
Explanatory
note
Item [4] of the proposed amendments changes the
name of the Western City and Aerotropolis Authority to the Western Parkland
City Authority. Item [6] changes the name of the Western City Fund to the
Western Parkland City Fund. Items [1]–[3], [5], [7] and [8] are
consequential amendments.
1.50Western Sydney Parklands Act 2006 No
92
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “Director” wherever occurring.
Insert instead “Chief Executive”.
[2]Section 3
Definitions
Omit the definition of Director from section 3(1). Insert
instead—
Chief
Executive means the person employed in the Public Service
who is assigned to the role of Chief Executive of the Western Sydney Parklands
Trust.
[3]Section 7 Trust
Board
Omit section
7(2)(a1)–(c).
[4]Section
7(2)(d)
Omit “5 other persons”. Insert
instead “7 other persons”.
[5]Schedule 3 Land transferred to
Trust
Omit item 242.
[6]Schedule 4 Savings,
transitional and other provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering—
PartProvisions consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act 2020
References to Director to be
construed as Chief Executive
(1)
In any document, a reference to the Director of
the Western Sydney Parklands Trust is to be construed as a reference to the
Chief Executive of the Western Sydney Parklands Trust.
(2)
In this clause—
document means any Act or statutory
or other instrument, or any contract or agreement (other than this
Act).
Explanatory
note
Items [1] and [2] of the proposed amendments
replace the definition of, and references to, the “Director” with
a definition of, and references to, the “Chief Executive”. This
amendment reflects the new title of that position with the Western Sydney
Parklands Trust. Item [6] makes consequential amendments.
Items [3] and [4] update the membership of the
Board of the Trust to provide that the Minister may appoint 2 additional
persons to be members of the Board of the Trust. The amendment is consequent
on recent administrative changes to government departments.
Item [5] repeals a provision that would otherwise
have transferred ownership of a particular lot to the Trust. The land on which
the lot is located has been reserved as a nature reserve under the National Parks and Wildlife Act 1974 and
transfer of the land to the Trust is no longer
necessary.
1.51Wool,
Hide and Skin Dealers Act 2004 No 7
Section 10 Licence
applications
Omit section 10(4). Insert instead—
(4)
An application must be delivered to a police
station or lodged in any other manner prescribed by the
regulations.
Explanatory
note
The proposed amendment provides that a licence
application to carry on the business of a wool, hide or skin dealer must be
delivered to a police station or lodged in any other manner prescribed by the
regulations. The amendment transfers the existing requirement to deliver a
licence application to a police station from the Wool, Hide and Skin Dealers Regulation
2015 to the Wool, Hide and
Skin Dealers Act 2004. The Wool, Hide and Skin Dealers Regulation
2015 is repealed by Schedule 5 to this
Act.
Schedule 2Amendments by way of statute
law revision—miscellaneous amendments
2.1Agricultural and Veterinary Chemicals (New South Wales) Act
1994 No 53
Part 7,
heading
Omit “National Registration Authority
for Agricultural and Veterinary Chemicals”.
Insert instead “Australian Pesticides
and Veterinary Medicines Authority”.
Explanatory
note
The proposed amendment replaces a reference to
the former National Registration Authority for Agricultural and Veterinary
Chemicals with a reference to the current Australian Pesticides and Veterinary
Medicines Authority.
2.2Agricultural Scientific Collections Trust Act
1983 No 148
[1]Section
4(1)
Omit the definition of Director.
[2]Section
4(1)
Insert in alphabetical order—
Chief
Curator means the person employed in the Public Service as
the Chief Curator.
[3]Section
13
Omit “Director” wherever occurring.
Insert instead “Chief Curator”.
[4]Section
14(1)(b)
Omit “Director”. Insert instead
“Chief Curator”.
Explanatory
note
Item [1] of the proposed amendments omits a
definition for a position that has changed title and item [2] inserts a
definition relating to the new title for the position. Items [3] and [4] are
consequential amendments.
2.3Anti-Discrimination Act 1977 No
48
Section
74
Omit the section. Insert instead—
74Eligibility for appointment to
Board
A person is not eligible for appointment as a
member if the person is—
(a)
a member of the Legislative Council or the
Legislative Assembly, or
(b)
a member of a House of Parliament of another
State or the Commonwealth.
Explanatory
note
The proposed amendment updates the formatting of
the provision.
2.4Byron
Local Environmental Plan 2014
Clause
4.6(8)
Renumber paragraph (d) as paragraph
(ca).
Explanatory
note
The proposed amendment corrects
numbering.
2.5Cabonne Local Environmental Plan
2012
Clause
5.1(2)
Omit “Transport for New South Wales”.
Insert instead “Transport for NSW”.
Explanatory
note
The proposed amendment corrects a reference to a
statutory body.
2.6Child
Protection (Working with Children) Act 2012 No
51
Section
34(1)(a)
Omit “Crime”. Insert instead
“Criminal Intelligence”.
Explanatory
note
The proposed amendment updates a reference to the
Australian Criminal Intelligence Commission.
2.7Children’s Guardian Act 2019 No
25
[1]Section
87(5)
Omit “Regulations”. Insert instead
“regulations”.
[2]Section
87(6)
Omit “clause”. Insert instead
“section”.
Explanatory
note
Item [1] of the proposed amendments corrects a
typographical error. Item [2] corrects a reference.
2.8Civil
Procedure Act 2005 No 28
Section 68,
note
Omit “section 42”. Insert instead
“section 105”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.9Companion Animals Act 1998 No
87
[1]Section 5(1), definition of
“approved animal welfare organisation”
Omit paragraph (c). Insert instead—
(c)
the Cat Protection Society of NSW
Limited,
[2]Section 5(1), definition of
“rehoming organisation”
Omit paragraph (c). Insert instead—
(c)
the Cat Protection Society of NSW Limited,
or
Explanatory
note
The proposed amendments update the name of an
organisation.
2.10Crimes
(Sentencing Procedure) Act 1999 No
92
[1]Section
5(5)
Omit “Subject to sections 12 and
99,”.
[2]Section 31, definition of
“impose a penalty”
Omit “10, 11 or 12” from paragraph
(d). Insert instead “10 or 11”.
Explanatory
note
The proposed amendments update cross-references
consequent on the enactment of the Crimes
(Sentencing Procedure) Amendment (Sentencing Options) Act
2017.
2.11Criminal Appeal Act 1912 No
16
Section
8A(1)
Omit “section 105(2)”. Insert instead
“section 102(2)”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.12Drug
Court Act 1998 No 150
Schedule
2
Insert at the end of the Schedule—
Part 7Provision consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act 2020
10Repeal of Drug Court Regulation
2015
Despite section 10(2) of the Subordinate Legislation Act 1989, the
Drug Court Regulation
2015 is taken to have been repealed at the end of 1
September 2020.
Explanatory
note
This amendment is consequent on the proposed
amendment of the Subordinate Legislation Act
1989 in Schedule 2.36 regarding the timing of repeals of
regulations under Part 3 of that Act.
2.13Drug
Misuse and Trafficking Act 1985 No
226
Sections 10(2)(b1), 23(4)(c)
and 25(4)(c)
Omit “section 39G” wherever
occurring. Insert instead “section 39Q”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.14Environmental Planning and Assessment Regulation
2000
[1]Clause
130(2B)
Omit “clause”.
[2]Clause
155(1)(e)(i)
Omit “an an”. Insert instead
“an”.
Explanatory
note
Item [1] of the proposed amendments corrects a
grammatical error. Item [2] omits a duplicate word.
2.15Firearms Regulation
2017
Clause
129(10)
Omit “subclause (7)”. Insert instead
“subclause (8)”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.16Fisheries Management Act 1994 No
38
[1]Section 4(4),
note
Omit “Australian Standard entitled AS SSA
5300—2011, Australian Fish Names Standard published on 20 October
2011”.
Insert instead “Australian Standard
entitled AS 5300—2019,
Australian Fish Names Standard
published on 24 June 2019”.
[2]Schedule 1AA, clause 1,
definition of “fishing regulatory controls”
Omit paragraph (e). Insert instead—
(e)
fishing determinations of the TAF Committee under
Part 2A of this Act,
Explanatory
note
Item [1] of the proposed amendment updates a
reference to an Australian Standard. Item [2] updates the name of a committee
and corrects a cross-reference.
2.17Game
and Feral Animal Control Act 2002 No
64
Section 4, definition of
“Regulatory Authority”
Omit “Director-General of the Department of
Trade and Investment, Regional Infrastructure and
Services”.
Insert instead “Secretary of Regional
NSW”.
Explanatory
note
The proposed amendment updates a reference to the
Secretary.
2.18Gene
Technology (GM Crop Moratorium) Act 2003 No
12
[1]Section 4(1), definition of
“Department”
Omit “the Department of Industry and
Investment”.
Insert instead “Regional
NSW”.
[2]Section 4(1), definition of
“Director-General”
Omit the definition.
[3]Section
4(1)
Insert in alphabetical order—
Secretary means the Secretary of the
Department.
[4]Sections 12, 20, 21, 22(1) and
(2) and 38(1) and (2)
Omit “Director-General” wherever
occurring. Insert instead “Secretary”.
Explanatory
note
Item [1] of the proposed amendments updates a
reference to the Department. Item [2] omits a redundant definition. Items [3]
and [4] update references to the Secretary.
2.19Glen
Innes Severn Local Environmental Plan
2012
[1]Clause
4.2AA
Renumber clause 4.2AA as 4.2C and insert it after
clause 4.2B.
[2]Schedule
1
Omit “(When this Plan was made this
Schedule was blank)”.
[3]Dictionary
Insert in alphabetical order—
Additional Permitted Uses Map means
the Glen Innes Severn Local
Environmental Plan 2012 Additional Permitted Uses
Map.
Explanatory
note
Item [1] of the proposed amendments renumbers and
moves an incorrectly numbered provision. Item [2] omits redundant text. Item
[3] inserts a missing definition.
2.20Hurstville Local
Environmental Plan 2012 (Amendment No
3)
[1]Schedule
1[8]
Omit “Telecommunications facilities;”
from item 4 of the matter relating to Zone B3 Commercial
Core.
[2]Schedule
1[15A]
Insert after Schedule 1[15]—
[15A]Part 6 Additional local
provisions
Insert at the end of the Part, with appropriate
clause numbering—
Telecommunications facilities
prohibited in Zone B3
Despite any other provision of this Plan,
development for the purposes of telecommunications facilities is prohibited in
Zone B3 Commercial Core.
Commencement
The amendments to Hurstville Local Environmental Plan
2012 (Amendment No 3) are taken to have commenced on the
commencement of that Plan.
Explanatory
note
The Standard
Instrument (Local Environmental Plans) Order 2006 provides
for the making of standard local environmental plans, and only permits certain
land uses to be included in the Land Use Table of one of those standard
plans.
Item [1] of the proposed amendments removes a
reference to an impermissible land use that was purported to be put into a
Land Use Table of Hurstville Local Environmental Plan
2012, a standard plan.
Item [2] inserts a provision that has the same
effect as would have been achieved if it were possible to insert that land use
in the Land Use Table of the Plan.
2.21Industrial Relations Act 1996 No
17
Section
405(1)
Omit the subsection. Insert instead—
(1)
An award or order of the Commission does not have
effect to the extent that it is inconsistent with a function under the Police Act 1990 in relation to the
discipline, promotion or transfer of a police officer, or in relation to
police officers who are hurt on duty.
Explanatory
note
The proposed amendment removes a reference to a
repealed provision of the Police Act 1990
and updates the formatting of the provision.
2.22Interpretation Act 1987 No
15
Section 21(1), definition of
“Gazette or Government Gazette”
Omit the definition. Insert instead—
Gazette, or Government Gazette, means the New
South Wales Government Gazette published—
(a)
in print, or
(b)
on a website authorised by the Parliamentary
Counsel to provide public access to the Gazette.
Explanatory
note
The proposed amendment makes it clear the Gazette
may be published electronically on a website authorised by the Parliamentary
Counsel for that purpose.
2.23Land
and Environment Court Act 1979 No
204
[1]Section
17(d)
Omit “sections 75K, 75L, 75Q, 75W(5), 95A,
96, 96A, 97, 97AA, 98, 98A, 109K, 121ZK, 121ZM, 121ZS and 149F
of”.
Insert instead “sections 4.55, 8.7, 8.8,
8.9, 8.16, 8.18, 8.21, 8.22, 8.23 and 8.25 of, and clause 35 of Schedule 5
to,”.
[2]Section
19(g)
Omit “sections 96A(7) and 121ZL”.
Insert instead “sections 4.57(7) and 8.19”.
[3]Section
20(1)(b)
Omit “section 35”. Insert instead
“section 3.27”.
[4]Section
20(1)(c)
Omit “section 123”. Insert instead
“section 9.45”.
[5]Section
21(f)
Omit “section 127”. Insert instead
“section 9.57”.
[6]Section
25A(3)
Omit “section 102”. Insert instead
“section 4.60”.
[7]Section
25C(2)
Omit “section 103”. Insert instead
“section 4.61”.
[8]Section
34AA(1)
Omit “section 97 or 97AA”. Insert
instead “section 8.7 or 8.9”.
[9]Section 34A(1)(c), (2) and
(2A)
Omit “section 97” wherever occurring.
Insert instead “section 8.7”.
[10]Section
34A(1)(c1)
Omit “section 97AA”. Insert instead
“section 8.9”.
[11]Section
34A(1)(d)
Omit “section 121ZK”. Insert instead
“section 8.18”.
[12]Section
34A(1)(e)
Omit “section 149F”. Insert instead
“section 8.25”.
Explanatory
note
The proposed amendments update references to
provisions in the Environmental Planning and Assessment
Act 1979.
2.24Local
Government Act 1993 No 30
[1]Section
275(1)(e1)
Insert “or the Electoral Funding Act 2018” after
“Election Funding, Expenditure and
Disclosures Act 1981”.
[2]Section 328A(2) and
note
Omit “Part 6 of the Election Funding, Expenditure and Disclosures Act
1981” wherever occurring.
Insert instead “Part 3 of the Electoral Funding Act
2018”.
Explanatory
note
The proposed amendments update references to a
repealed Act.
2.25Local Government (General) Regulation
2005
Clause
130(a)
Omit “practiced”. Insert instead
“practised”.
Explanatory
note
The proposed amendment corrects a spelling
error.
2.26Marine
Safety Act 1998 No 121
Section
126(2)
Insert “, or the Marine
Pollution Act 2012 or the regulations made under that
Act,” after “or the regulations”.
Explanatory
note
The proposed amendment reinstates a reference to
the Marine Pollution Act 2012 and
regulations made under that Act that was included in a definition omitted by
the Statute Law (Miscellaneous Provisions) Act
2017.
2.27Palerang Local Environmental Plan
2014
[1]Schedule 4, Part 2,
table
Omit “Reclassification Map” from Column
2.
Insert instead “Land Reclassification (Part Lots)
Map”.
[2]Dictionary
Omit the definition of Reclassification Map.
Insert in alphabetical order—
Land
Reclassification (Part Lots) Map means the Palerang Local Environmental Plan 2014 Land
Reclassification (Part Lots) Map.
Commencement
The amendments to Palerang Local
Environmental Plan 2014 are taken to have commenced on the
commencement of that Plan.
Explanatory
note
The proposed amendments correct an incorrect map
reference.
2.28Parramatta Park Trust Regulation
2019
[1]Whole
Regulation
Omit “Director” wherever occurring.
Insert instead “Chief Executive”.
[2]Clause 8(2), (4) and
(6)
Omit “direction made” wherever
occurring. Insert instead “direction
given”.
[3]Clause
8(5)
Omit “motor vehicle, motor cycle or other
regulated vehicle”. Insert instead
“vehicle”.
[4]Clause
29(5)
Omit “subclause (1)”. Insert instead
“subclause (4)”.
Explanatory
note
Item [1] of the proposed amendments replaces
references to “Director” with “Chief Executive”, which
reflects the new title of that position with the Parramatta Park Trust. Item
[2] corrects a grammatical error. Item [3] omits redundant matter. Item [4]
corrects a cross-reference.
2.29Partnership Act 1892 No
12
Section
36(2)
Omit “dissolution
or”.
Explanatory
note
The proposed amendment corrects use of
terminology.
2.30Pawnbrokers and Second-hand Dealers Regulation
2015
Schedule
1
Omit “Clauses 19(4), 27 and 34”.
Insert instead “Clause 34”.
Explanatory
note
The proposed amendment corrects
cross-references.
2.31Police
Act 1990 No 47
[1]Section
88(1)
Omit the subsection. Insert instead—
(1)
The engagement or appointment of, or the failure
to engage or appoint, a person as a non-executive officer, or a matter,
question or dispute relating to the engagement or appointment, or failure to
engage or appoint, is not an industrial matter for the purposes of the Industrial Relations Act
1996.
[2]Section
88(3)
Insert “or appoint” after
“engage”.
[3]Section
129(1)
Renumber paragraph (a) where secondly occurring
as paragraph (b).
Explanatory
note
Items [1] and [2] of the proposed amendments
correct terminology relating to the appointment of police officers. Item [3]
corrects duplicate numbering.
2.32Protection of the Environment Operations Act
1997 No 156
Dictionary, definition of
“environmental values of water”
Omit “Australian and New Zealand Guidelines for Fresh and Marine
Water Quality 2000, published by the Australian and New
Zealand Environment and Conservation Council and the Agriculture and Resource
Management Council of Australia and New Zealand”.
Insert instead “Australian and New Zealand Guidelines for Fresh and Marine
Water Quality 2018, published by the Australian and New
Zealand Governments and State and Territory
Governments”.
Explanatory
note
The proposed amendment updates a reference to
Guidelines.
2.33Public Health Regulation
2012
Section
93
Omit “(and”. Insert instead
“and”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.34Residential Tenancies Act 2010 No
42
Section
107(6)
Omit the subsection.
Explanatory
note
The proposed amendment omits a redundant
provision.
2.35Road
Transport Act 2013 No 18
Section 122(a) and
note
Omit “Division 1C of Part 6 of”
wherever occurring. Insert instead “Part 2A, Division 3 of Schedule 1
to”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.36Subordinate Legislation Act 1989 No
146
[1]Section
10(2)(a)
Omit “on the”. Insert instead
“at the beginning of the day that is the”.
[2]Section
10(2)(b)
Omit “on 1”. Insert instead “at
the beginning of 1”.
Commencement
The amendments to the Subordinate Legislation Act 1989 are
taken to have commenced on 1 September 1990.
Explanatory
note
The proposed amendments clarify that a statutory
rule repealed under Part 3 of the Subordinate
Legislation Act 1989 is repealed at the beginning of the
day on which the statutory rule is repealed.
2.37Surveillance Devices Act 2007 No
64
Section
28(1A)(e)
Omit “the use of the surveillance device
authorised by the warrant must be furnished to the eligible Judge or eligible
Magistrate under section 44(1),”.
Insert instead “the retrieval of the
surveillance device authorised by the retrieval warrant must be furnished to
the eligible Judge or eligible Magistrate under section
44(6),”.
Explanatory
note
The proposed amendment corrects a reference to
retrieval warrants and a cross-reference.
2.38Teacher Accreditation Act 2004 No
65
Section
24B(d)
Omit “section 20(c)”. Insert instead
“section 20(1)(c)”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.39Transport Administration Act 1988 No
109
Schedule 7, clause
220(2)(a)
Insert “the” after
“of”.
Explanatory
note
The proposed amendment inserts a missing
word.
2.40Uniform Civil Procedure Rules
2005
Rule
18.8(2)
Omit “Subrule 1(b)”. Insert instead
“Subrule (1)(b)”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.41Water Sharing Plan for the Lower Murray Groundwater Source
2019
Clause 37 Water allocation
accounts
Renumber the clause as clause
33A.
Explanatory
note
The proposed amendment corrects duplicate
numbering.
2.42Waverley Local Environmental Plan
2012
Clause
4.6(8)
Renumber paragraph (d) as paragraph
(ca).
Explanatory
note
The proposed amendment corrects
numbering.
2.43Western Sydney Parklands Regulation
2019
[1]Whole
Regulation
Omit “Director” wherever occurring.
Insert instead “Chief Executive”.
[2]Clause 8(2), (4) and
(6)
Omit “direction made” wherever
occurring. Insert instead “direction
given”.
[3]Clause
29(5)
Omit “subclause (1)”. Insert instead
“subclause (4)”.
Explanatory
note
Item [1] of the proposed amendments replaces
references to “Director” with “Chief Executive”, which
reflects the new title of that position with the Western Sydney Parklands
Trust. Item [2] corrects a grammatical error. Item [3] corrects a
cross-reference.
Schedule 3Amendments consequent on
administrative changes
3.1Agricultural Industry Services Act 1998 No
45
Section 3, definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.2Agricultural Livestock (Disease Control Funding) Act
1998 No 139
Section 3, definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.3Agricultural Scientific Collections Trust Act
1983 No 148
Section 4(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.4Animal
Research Act 1985 No 123
Section 3(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.5Betting and Racing Act 1998 No
114
Sections 6(2)(d) and
26G–26GB
Omit “Industry” wherever occurring.
Insert instead “Customer Service”.
3.6Betting and Racing Regulation
2012
[1]Clause 4
Insert in alphabetical order—
Liquor
& Gaming NSW means that part of the Department of
Customer Service known as Liquor & Gaming NSW.
[2]Clauses 4 (definition of
“problem gambling information”), 6(2), 7(3) and
9(3)
Omit “the NSW Office of Liquor, Gaming and
Racing” wherever occurring.
Insert instead “Liquor & Gaming
NSW”.
3.7Biological Control Act 1985 No
199
Section 3(1), definition of
“Department”
Omit “the Department of Industry and
Investment”. Insert instead “Regional
NSW”.
3.8Biosecurity Act 2015 No
24
Section 7, definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.9Casino
Control Act 1992 No 15
Section 3(1), definition of
“Secretary”
Omit “Industry”. Insert instead
“Customer Service”.
3.10Exhibited Animals Protection Act 1986 No
123
Section 5(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.11Farrer
Memorial Research Scholarship Fund Act 1930 No
38
Section 2, definition of
“Department”
Omit “the Department of Industry and
Investment”.
Insert instead “Regional
NSW”.
3.12Fisheries Management Act 1994 No
38
[1]Section 4(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
[2]Section 221ZU(1), definition
of “Fisheries Agency Head”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.13Gaming
and Liquor Administration Act 2007No
91
Section 3(1), definition of
“Department”
Omit “Industry”. Insert instead
“Customer Service”.
3.14Gaming and Liquor Administration Regulation
2016
Schedule 1, clause
1
Omit the clause. Insert instead—
1New South
Wales
Secretary of the Department of Customer
Service
Deputy Secretary, Liquor, Gaming and Racing
Division, Department of Customer Service
A person employed in Liquor & Gaming NSW,
Department of Customer Service
A local council or another person or body
exercising functions as a consent authority under the Environmental Planning and Assessment Act
1979
3.15Gaming
Machine Tax Act 2001 No 72
Sections 17A(2) and
19(1)(c)
Omit “Industry” wherever occurring.
Insert instead “Customer Service”.
3.16Gaming
Machines Act 2001 No 127
Sections 4(1) (definition of
“Secretary”) and 48(5)
Omit “Industry” wherever occurring.
Insert instead “Customer Service”.
3.17Government Information (Public Access) Regulation
2018
Schedule
3
Omit the matter relating to the following
agencies—
Board of Surveying and Spatial
Information
Electrical Equipment Safety Advisory
Committee
Financial Counselling Trust Fund
Geographical Names Board
Hardship Review Board
Independent Liquor and Gaming
Authority
Mine Subsidence Board
Motor Vehicle Repair Industry
Authority
New South Wales Government Telecommunications
Authority (also known as TELCO)
NSW Procurement Board
NSW Self Insurance Corporation
Professional Standards Council
Property NSW
Rental Bond Board
Teacher Housing Authority of New South
Wales
Trustees of the Parliamentary Contributory
Superannuation Fund
Waste Assets Management
Corporation
Workers Compensation Commission
Workers Compensation (Dust Diseases)
Authority
Insert instead in alphabetical
order—
Board of
Surveying and Spatial Information
Department
of Customer Service
Financial
Counselling Trust Fund
Department
of Customer Service
Geographical Names Board
Department
of Customer Service
Hardship
Review Board
Department
of Customer Service
Independent
Liquor and Gaming Authority
Department
of Customer Service
NSW
Procurement Board
Treasury
NSW Self
Insurance Corporation
Treasury
NSW Telco
Authority
Department
of Customer Service
Professional Standards Council
Department
of Customer Service
Property
NSW
Department
of Planning, Industry and Environment
Rental Bond
Board
Department
of Customer Service
Teacher
Housing Authority of New South Wales
Department
of Planning, Industry and Environment
Trustees of
the Parliamentary Contributory Superannuation Fund
Treasury
Waste
Assets Management Corporation
Department
of Planning, Industry and Environment
Workers
Compensation Commission
Department
of Customer Service
Workers
Compensation (Dust Diseases) Authority
Treasury
3.18Government Sector Employment Act 2013 No
40
[1]Section 49(1) (definition of
“Industrial Relations Secretary”) and note to
definition
Omit “Treasury” wherever occurring.
Insert instead “Department of Premier and
Cabinet”.
[2]Schedule 1, Parts 1 and
2
Omit “The Treasury” wherever
occurring. Insert instead “Treasury”.
3.19Hemp
Industry Act 2008 No 58
Section 3(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.20Heritage Act 1977 No
136
[1]Section
8(2)
Insert “, Industry” after
“Planning”.
[2]Sections 23(4), 121(5)(c) and
151(2)(b) and (3)
Omit “Planning and Environment”
wherever occurring.
Insert instead “Premier and
Cabinet”.
3.21Housing Act 2001 No
52
[1]Section 3, definition of
“Department”
Omit “Family and Community Services”.
Insert instead “Communities and Justice”.
[2]Section 6(2) and
(3)
Insert “of the Department of Planning,
Industry and Environment” after “Secretary” wherever
occurring.
3.22Inspector of Custodial Services Act 2012 No
55
Section 3(1), definition of
“Department”
Insert “Communities and” before
“Justice”.
3.23Jobs
for NSW Act 2015 No 25
Sections 4(1) (definition of
“Department”) and 5(2)(c)
Omit “Department of Industry, Skills and
Regional Development” wherever occurring.
Insert instead
“Treasury”.
3.24Land
Acquisition (Just Terms Compensation) Act 1991 No
22
Section 27A(1) and Schedule
1A, clause 3(5)
Omit “Finance, Services and
Innovation” wherever occurring.
Insert instead “Planning, Industry and
Environment”.
3.25Liquor
Act 2007 No 90
Sections 4(1) (definition of
“Secretary”), 116C(4) and 144M(1)(b)(iii)
Omit “Industry” wherever occurring.
Insert instead “Customer Service”.
3.26Liquor Regulation
2018
[1]Clause
3(1)
Insert in alphabetical order—
Liquor
& Gaming NSW means that part of the Department of
Customer Service known as Liquor & Gaming NSW.
[2]Clause
29(3)(e)
Omit the paragraph. Insert instead—
(e)
the Department of Communities and
Justice,
[3]Clauses 50(2), 52(3), 53(2),
54(4) and 115(2)(b) and Schedule 2, Part 2
Omit “, Department of Industry”
wherever occurring.
3.27Local
Government Act 1993 No 30
[1]Sections 57–59,
60–63, 65, 66, 439(3), 440(9), 440AA(6) and
440H(9)
Omit “Primary Industries” wherever
occurring.
Insert instead “Water, Property and
Housing”.
[2]Section
409(6)
Omit “Energy and Utilities”. Insert
instead “Water, Property and Housing”.
3.28Local Government (General) Regulation
2005
Clauses 21(a)(ii), 138 and
147(b)
Omit “Utilities” wherever occurring.
Insert instead “Water, Property and
Housing”.
3.29Local
Land Services Act 2013 No 51
[1]Section
60K(5)
Insert “, Industry” after
“Planning”.
[2]Schedule 6, clause
21(4)
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
[3]Dictionary, definition of
“Department”
Omit “the Department of Planning, Industry
and Environment”.
Insert instead “Regional
NSW”.
3.30Lord
Howe Island Act 1953 No 39
Section 4(3)(d) and Schedule
1A, clause 6(1)(f)
Omit “Premier and Cabinet” wherever
occurring.
Insert instead “Planning, Industry and
Environment”.
3.31Marine
Estate Management Act 2014 No 72
[1]Section
5(1)
Omit “Primary Industries”. Insert
instead “Agriculture and Western New South
Wales”.
[2]Sections 7(2)(b), 16, 50,
58(a) and 74(2)
Omit “the Department of Trade and
Investment, Regional Infrastructure and Services” wherever
occurring.
Insert instead “Regional
NSW”.
3.32Prevention of Cruelty to Animals Act 1979 No
200
Section 4(1), definition of
“Department”
Omit “the Department of Industry”.
Insert instead “Regional NSW”.
3.33Public Lotteries Regulation
2016
[1]Clause
3(1)
Omit the definitions of Liquor
and Gaming NSW and Secretary.
Insert instead—
Liquor
& Gaming NSW means that part of the Department of
Customer Service known as Liquor & Gaming NSW.
Secretary means the Secretary of the
Department of Customer Service.
[2]Clauses 9(1)(b), 10(3), 11(3)
and 13(4)
Omit “Liquor and Gaming” wherever
occurring. Insert instead “Liquor &
Gaming”.
3.34Public
Works and Procurement Act 1912 No 45
Section 165(1)(a) and
(2)
Omit “Department of Finance, Services and
Innovation” wherever occurring.
Insert instead
“Treasury”.
3.35Registered Clubs Act 1976 No
31
Section 4(1), definition of
“Secretary”
Omit “Industry”. Insert instead
“Customer Service”.
3.36Registered Clubs Regulation
2015
[1]Clause 3(1) (definition of
“Department”) and Schedule 2, clause 2(1) (definition of
“departmental Secretary”)
Omit “Industry” wherever occurring.
Insert instead “Customer Service”.
[2]Clause
33(2)
Omit “the NSW Office of Liquor, Gaming and
Racing”.
Insert instead “that part of the Department
known as Liquor & Gaming NSW”.
3.37Retail
Leases Act 1994 No 46
[1]Section
3(1)
Omit the definition of Secretary. Insert in alphabetical
order—
Department means the
Treasury.
Secretary means the Secretary of the
Department.
[2]Sections 16Z, 16ZA(1)(a),
82B(1)(a) and 83A(6)
Omit “of Industry, Skills and Regional
Development” wherever occurring.
[3]Section
16ZA(1)(b)
Omit “that Department”. Insert
instead “the Department”.
3.38Rice
Marketing Act 1983 No 176
Section 4(1), definition of
“Department”
Omit “the Department of Industry, Skills
and Regional Development”.
Insert instead “Regional
NSW”.
3.39Stock
Medicines Act 1989 No 182
Section 3(1), definition of
“Secretary”
Omit “the Department of Planning, Industry
and Environment”.
Insert instead “Regional
NSW”.
3.40Teacher Housing Authority Act 1975 No
27
Section 7(1)(b) and
(7)
Omit “Finance, Services and
Innovation” wherever occurring.
Insert instead “Planning, Industry and
Environment”.
3.41Totalizator Regulation
2012
[1]Clause
3(1)
Insert in alphabetical order—
Liquor
& Gaming NSW means that part of the Department of
Customer Service known as Liquor & Gaming NSW.
[2]Clauses 3(1) (definition of
“problem gambling information”), 6(2), 7(3) and
9(3)
Omit “the NSW Office of Liquor, Gaming and
Racing” wherever occurring.
Insert instead “Liquor & Gaming
NSW”.
3.42Valuation of Land Act 1916 No
2
Section 4(1), definition of
“Department”
Omit “Finance, Services and
Innovation”.
Insert instead “Planning, Industry and
Environment”.
3.43Young
Offenders Act 1997 No 54
[1]Section 4 (definition of
“Secretary”), 46(1), 47(2)(e) and 66(2)(e), (g) and (h) and
(2B)(a)
Insert “Communities and” before
“Justice” wherever occurring.
[2]Section 62A(a) and
(a1)
Insert “Communities and” after
“Department of” wherever occurring.
[3]Section
66(4)
Omit the definition of authorised officer of the Department of
Justice. Insert instead—
authorised officer of the Department of Communities
and Justice means any of the following persons employed in
the Department—
(a)
the Secretary,
(b)
a Deputy Secretary,
(c)
the Chief Executive of Juvenile Justice or a
Deputy Chief Executive of Juvenile Justice,
(d)
a juvenile justice officer,
(e)
any other persons employed in the Department, or
persons belonging to a class of employee, as may be prescribed by the
regulations.
Schedule 4Amendments consequent on
dissolution of RMS
4.1Bankstown Local Environmental Plan
2015
Schedule 2 Exempt
development
Omit “Roads and Maritime Services”
from subclause (7) under the heading “Waste storage containers on
private land”.
Insert instead “Transport for
NSW”.
4.2Biosecurity Act 2015 No
24
Section 381 Access to
information by authorised officers
Omit “Roads and Maritime Services”
from section 381(1).
Insert instead “Transport for
NSW”.
4.3Camden Local Environmental Plan
2010
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.4Campbelltown Local Environmental Plan
2015
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where firstly and secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.5City
of Sydney Act 1988 No 48
[1]Section 51J Delegation of
CSTTC’s functions
Omit “or Roads and Maritime Services”
from section 51J(3)(a).
[2]Sections 51K(1)(b) and
51M(5)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.6Community Land Management Act 1989 No
202
Section 116 Open and private
access ways
Omit “Roads and Maritime Services”
wherever occurring in paragraphs (b) and (c) of the definition of authorised person in section
116(7).
Insert instead “Transport for
NSW”.
4.7Conveyancing (General) Regulation
2018
Clause 25 Subdivision,
consolidation or acquisition of part of land in a folio
Omit “Roads and Maritime Services”
from clause 25(4)(a).
Insert instead “Transport for
NSW”.
4.8Conveyancing (Sale of Land) Regulation
2017
[1]Schedule 3 Prescribed
warranties
Omit “Roads and Maritime Services,”
from clause 5.
[2]Schedule 4 Exempt contracts,
options and land
Omit “Roads and Maritime Services”
from clause 3.
Insert instead “Transport for
NSW”.
4.9Crime
Commission Act 2012 No 66
Section 78A Vetting of
prospective staff
Omit “Roads and Maritime Services”
from section 78A(2)(c).
Insert instead “Transport for
NSW”.
4.10Criminal Procedure Regulation
2017
Schedule 3 NSW Government
agencies and statutory bodies required to pay court fees
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
4.11Crown Land Management Regulation
2018
[1]Clause 59 Circumstances in
which cultivation consent not required
Omit “of Roads and Maritime Services”
from the Table to clause 59(1).
Insert instead “of Transport for
NSW”.
[2]Clause 59(1),
Table
Omit “the Roads and Maritime
Services” wherever occurring.
Insert instead “Transport for
NSW”.
4.12Driving Instructors Act 1992 No
3
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring.
Insert instead “Transport for
NSW”.
[2]Section 3
Definitions
Omit the definition of Authority from section
3(1).
Insert in alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Sections 19(3) and (5),
27(1)(b), 31(6) and 46(1)
Omit “the Authority’s” wherever
occurring. Insert instead “TfNSW’s”.
[4]Sections 31, 45 and 46,
headings
Omit “Authority” and
“Authority’s” wherever occurring.
Insert instead “TfNSW” and
“TfNSW’s”, respectively.
4.13Dubbo
Local Environmental Plan 2011
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly and thirdly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.14Electoral Act 2017 No
66
Section 4(1) (definition of
“Photo Card”) and notes to sections 34(8)(b) and
45(4)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.15Electricity Network Assets (Authorised Transactions) Act
2015 No 5
Section 3
Interpretation—key definitions
Omit paragraph (a) of the definition of associated electricity network
land.
4.16Electricity Supply Act 1995 No
94
Section 53A
Definitions
Omit “, Transport for NSW or Roads and
Maritime Services” from paragraph (c) of the definition of private land.
Insert instead “or Transport for
NSW”.
4.17Environmental Planning and Assessment Act 1979 No
203
Schedule 2 Provisions relating
to planning bodies
Omit “Roads and Maritime Services”
from clause 30(5).
Insert instead “Transport for
NSW”.
4.18Environmental Planning and Assessment Regulation
2000
Clause 136I and Schedule 1,
clause 4(1)(j1) and (k)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.19Explosives Regulation
2013
Clause 52 Activities in port
operational areas
Omit “Roads and Maritime Services”
from the definition of port
authority in clause 52(2).
Insert instead “Transport for
NSW”.
4.20Fairfield Local Environmental Plan
2013
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.21Fines
Act 1996 No 99
[1]Whole
Act
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
[2]Section 3
Definitions
Insert in alphabetical order in section
3(1)—
Transport
for NSW means Transport for NSW constituted under the
Transport Administration Act
1988.
4.22Fisheries Management Act 1994 No
38
Section 242A Access to
information by fisheries officers
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
4.23Fisheries Management (Ocean Hauling Share Management Plan)
Regulation 2006
Appendix, Schedule
3
Omit “Roads and Maritime Services”
from the matter relating to Trial Bay South West Rocks.
Insert instead “Transport for
NSW”.
4.24Government Telecommunications Act 2018 No
67
Section 34 Access to
Authority’s infrastructure
Omit section 34(5)(c). Insert
instead—
(c)
to occupy a classified road within the meaning of
the Roads Act 1993 without the consent of
Transport for NSW constituted under the Transport
Administration Act 1988 or the relevant roads
authority.
4.25Graffiti Control Act 2008 No
100
[1]Section 13A
Definitions
Omit the definition of Authority. Insert in alphabetical
order—
Transport
for NSW means Transport for NSW constituted under the
Transport Administration Act
1988.
[2]Sections 13D(3) and
13G(2)
Omit “the Authority” wherever
occurring. Insert instead “Transport for
NSW”.
4.26Health Records and Information Privacy Regulation
2017
Clause 7 Use or disclosure of
health information—organ donor registers
Omit “Roads and Maritime Services”
from clause 7(1)(b).
Insert instead “Transport for
NSW”.
4.27Heavy
Vehicle (Adoption of National Law) Act 2013 No
42
[1]Section 3
Definitions
Omit the definition of RMS from section
3(1).
Insert in alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Sections 16, 17(2) and (3),
25, 27 and 27B(b) and (c), Schedule 1.1[3] and Schedule 3, clause
6
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[3]Sections 25 and 27,
headings
Omit “RMS” wherever occurring.
Insert instead “TfNSW”.
[4]Section
25(1)
Omit “RMS’s”. Insert instead
“TfNSW’s”.
[5]Schedule 1 Modification of
Heavy Vehicle National Law as applying in New South
Wales
Omit the definition of RMS (not including the note) in
Schedule 1.1[1].
Insert instead—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[6]Schedule
1.1[2]
Omit “RMS”. Insert instead
“TfNSW”.
4.28Impounding Act 1993 No
31
[1]Section 5 Who can impound and
what can be impounded
Omit “The power to impound conferred by
this Act on an impounding officer of Roads and Maritime Services is limited to
the impounding of motor vehicles, unless the regulations otherwise
provide.” from section 5(1).
[2]Section 43 Police required to
provide assistance on request
Omit “Roads and Maritime Services”
from section 43(2).
Insert instead “Transport for
NSW”.
[3]Dictionary
Omit “the control of Roads and Maritime
Services” from the definition of area of
operations.
Insert instead “the control of Transport
for NSW”.
[4]Dictionary, definition of
“area of operations”
Omit the following—
•
in the case of an impounding officer appointed by
Transport for NSW, land owned by or under the control of that
body,
•
in the case of an impounding officer appointed by
Roads and Maritime Services, any road, land along or near the line of a road,
land vested in Roads and Maritime Services, and a bridge, ferry or tunnel
vested in or subject to the administration or control of Roads and Maritime
Services,
Insert instead—
•
in the case of an impounding officer appointed by
Transport for NSW—
—
land owned by or under the control of Transport
for NSW, and
—
without limiting the above, any road, land along
or near the line of a road, land vested in Transport for NSW, and a bridge,
ferry or tunnel vested in or subject to the administration or control of
Transport for NSW,
[5]Dictionary, definition of
“impounding authority”
Omit the matter relating to Roads and Maritime
Services.
4.29Independent Commission Against Corruption Act
1988 No 35
Section 104C Vetting of
prospective staff or consultants
Omit “Roads and Maritime Services”
from section 104C(2)(c).
Insert instead “Transport for
NSW”.
4.30Independent Pricing and Regulatory Tribunal Act
1992 No 39
Schedule 1 Government agencies
for which Tribunal has standing reference
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
4.31Industrial Relations Act 1996 No
17
[1]Schedule 1 Persons deemed to
be employees
Omit “RMS” from the heading to
clause 1(l). Insert instead “Transport for
NSW”.
[2]Schedule 1, clauses 1(l) and
2(2)(c) (definition of “road work”)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
[3]Schedule 1, clause
1(l)
Omit “RMS”. Insert instead
“Transport for NSW”.
4.32Jury
Act 1977 No 18
Section 75A Information to be
supplied to sheriff
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.33Law
Enforcement and National Security (Assumed Identities) Act 2010 No
73
Section 4
Definitions
Omit “Roads and Maritime Services”
from the note to the definition of government issuing agency in section
4(1).
Insert instead “Transport for
NSW”.
4.34Law
Enforcement Conduct Commission Act 2016 No
61
Section 189 Vetting of
prospective staff or consultants
Omit “Roads and Maritime Services”
from section 189(2)(c).
Insert instead “Transport for NSW
constituted under the Transport Administration Act
1988”.
4.35Liquor
Act 2007 No 90
Section 4
Definitions
Omit “Roads and Maritime Services”
from paragraph (a) of the definition of evidence
of age document in section 4(1).
Insert instead “Transport for
NSW”.
4.36Liquor Regulation
2018
Clause 29 Preparation of
CIS—consultation requirements
Omit clause 29(3)(f). Insert
instead—
(f)
Transport for NSW,
4.37Local
Government Act 1993 No 30
Dictionary
Omit “Roads and Maritime Services”
from the definition of parking
authority for a person with disabilities.
Insert instead “Transport for
NSW”.
4.38Local Government (General) Regulation
2005
[1]Clauses 27 and
65
Omit “the Roads and Traffic
Authority” wherever occurring.
Insert instead “Transport for
NSW”.
[2]Clause 53 Matters to be taken
into consideration by council in determining whether to approve the operation
of a public car park
Omit “Roads and Traffic Authority’s
views” from clause 53(a).
Insert instead “views of Transport for
NSW”.
[3]Clause 65 Concurrence required
for operation of public car park
Omit “The Authority”. Insert instead
“Transport for NSW”.
[4]Clause 275
Definitions
Omit “Roads and Maritime Services”
from the definition of Photo
Card in clause 275(1).
Insert instead “Transport for
NSW”.
4.39Major
Events Act 2009 No 73
[1]Section 4
Definitions
Omit the definition of RMS from section 4(1). Insert in
alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Sections 26(2) and (3), 27(6),
(7) and (9), 28(2), 29, 30(6) and 32(2)(e)
Omit “RMS” wherever occurring.
Instead instead “TfNSW”.
4.40Marine
Pollution Act 2012 No 5
[1]Section 3
Definitions
Omit “Roads and Maritime Services”
from paragraph (a) of the definition of certified.
Insert instead “Transport for
NSW”.
[2]Section 247
Delegation
Omit paragraph (a) of the definition of approved
person in section 247(3).
4.41Marine Pollution Regulation
2014
[1]Clause 3
Definitions
Omit the definition of RMS from clause 3(1). Insert in
alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Clauses 18(b), 45(3) and (5),
46(3) and (5), 47(3) and (5), 48(5) and (7), 50(4) and (6), 53(1)(c) and (3)
and 56(c)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.42Marine
Safety Act 1998 No 121
[1]Sections 4(1) (definition of
“responsible licensing official”), 19H(2) and (3), 28A(5), 33(1A),
39(2A), 63A(4A), 96(1)(a), 111(3) and (5), 125M(2), 133(1) and (2), 134(1)(c),
135A(4) and 139 and Schedule 1A, clause 15(1) and (2)
Omit “RMS” wherever occurring. Insert
instead “Transport for NSW”.
[2]Section 4
Definitions
Omit the definition of RMS from section 4(1). Insert in
alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Sections 19A(2)(a), 19B(5),
19C(3)(b), 19D(1), 19G(3), 19I, 19J(5), 19K(2)–(5), 19L and
19M(1)–(3) and (5) and Schedule 1A, clause 4(1) (definition of
“appropriate inspection officer”)
Omit “Chief Executive of RMS”
wherever occurring.
Insert instead “Transport for
NSW”.
[4]Section 19D Removal,
impounding and production of vessel
Omit “Chief Executive” where secondly
occurring in section 19D(1).
Insert instead “Transport for
NSW”.
[5]Section 19M Disposal of
vessels
Omit “or RMS” wherever occurring in
section 19M(5) and (6).
[6]Section 19N Protection from
liability with respect to impounding and other matters
Omit “or Chief Executive of RMS,
RMS”.
[7]Section 19O Failure to
prosecute
Omit “or Chief Executive of RMS, RMS”
from section 19O(1).
Insert instead “, Transport for
NSW”.
[8]Section 111 Action by Minister
following report of investigation
Omit “RMS,” from section
111(2)(f).
[9]Section 136A Reliance on
advice
Omit “, TfNSW or RMS” wherever
occurring. Insert instead “or TfNSW”.
[10]Section
136A(2)
Omit “, RMS”.
4.43Marine
Safety Legislation (Lakes Hume and Mulwala) Act 2001 No
78
Section 11 Appointment of
interstate officers
Omit “Roads and Maritime Services”
from section 11(2).
Insert instead “Transport for
NSW”.
4.44Marine Safety Regulation
2016
[1]Whole Regulation (except where
otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert
instead “Transport for NSW”.
[2]Clauses 55B(1) and (4) and
55C(1), (4) and (5)
Omit “Chief Executive of RMS”
wherever occurring.
Insert instead “Transport for
NSW”.
[3]Clause 55C Disposal of
impounded vessels forfeited to the Crown
Omit “Chief Executive” where secondly
and thirdly occurring in clause 55C(5).
Insert instead “Transport for
NSW”.
[4]Schedule 6 Requirements
relating to Sydney Cove
Omit “RMS or” from the definition of
wharf
authorisation in clause 1.
[5]Schedule 6, clause
2(1)
Omit “RMS,” wherever
occurring.
4.45Mining Regulation
2016
Clause 70 Protected documents
not admissible in certain proceedings or otherwise
protected
Omit clause 70(2)(i). Insert
instead—
(i)
Transport for NSW,
4.46Motor
Accident Injuries Act 2017 No 10
[1]Section 1.4
Definitions
Omit the definition of RMS from section 1.4(1). Insert in
alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Sections 2.5(4), 2.6(1),
2.8(4)–(10) and 2.15
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.47Motor Accident Injuries Regulation
2017
Clauses 5(b) and (e)(i) and
6(1)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.48Motor
Accidents Act 1988 No 102
Sections 141(1)(a2),
148(2)–(4) and 149(1) and (2)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.49Motor
Accidents Compensation Act 1999 No
41
[1]Section 3
Definitions
Omit the definition of RMS. Insert in alphabetical
order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Sections 11(4), 12(1),
14(4)–(6B) and 19(1)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.50Motor
Dealers and Repairers Act 2013 No
107
[1]Sections 4(1) (definition of
“inspection report”), 59(a), 97(2) and 182(6) (definition of
“relevant authority”)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
[2]Section 4
Definitions
Insert in alphabetical order in section
4(1)—
Transport
for NSW means Transport for NSW constituted under the
Transport Administration Act
1988.
[3]Section 149 Authorised
officers
Omit “the Chief Executive of Roads and
Maritime Services” wherever occurring in paragraph (e) of the definition
of authorised officer in section 149(1)
and in section 149(2).
Insert instead “Transport for
NSW”.
[4]Section 156
Proceedings
Omit section 156(1)(c). Insert
instead—
(c)
the Secretary of the Department of Transport or,
in the name of the Secretary of the Department of Transport, a person acting
with the authority of that Secretary.
4.51Motor Dealers and Repairers Regulation
2014
Clause 56 Penalty notice
officers
Omit “the Chief Executive of Roads and
Maritime Services” from clause 56(d).
Insert instead “Transport for
NSW”.
4.52Motor
Racing (Sydney and Newcastle) Act 2008 No
106
Section 43
Regulations
Omit “Roads and Maritime Services”
from section 43(2)(h).
Insert instead “Transport for
NSW”.
4.53Motor Racing (Sydney and Newcastle) Regulation
2017
Clause 4
Omit the clause. Insert instead—
4Consultation with Transport
for NSW regarding authorised works
Transport for NSW is prescribed for the purposes
of sections 17(5)(c) and 18(a)(iiib) of the Act.
4.54Motor
Vehicles Taxation Act 1988 No 111
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring.
Insert instead “Transport for
NSW”.
[2]Section 3
Definitions
Omit the definition of Authority from section 3(1). Insert
in alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Section 21,
heading
Omit “Authority”. Insert
instead “TfNSW”.
[4]Section 22 Exemptions etc may
be revoked or varied
Omit “Authority or officer”. Insert
instead “Transport for NSW or the officer”.
[5]Section 22A,
heading
Omit “and Maritime
Services”.
[6]Section 22A(1), definition of
“Roads Fund”
Omit “Roads and Maritime Services”.
Insert instead “TfNSW”.
4.55National Parks and Wildlife Act 1974 No
80
[1]Section 184A,
heading
Omit “RMS”. Insert instead
“TfNSW”.
[2]Section
184A(1)
Omit the definition of RMS from section 184A(1). Insert in
alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Section
184A(2)(b)
Omit “RMS”. Insert instead “the
Roads and Traffic Authority”.
[4]Section 184A(2),
note
Insert at the end of the subsection—
Note—
The excised land is now vested in TfNSW as the
successor to the RTA and RMS.
[5]Section 184A(4)–(6) and
(8)(a)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[6]Schedule 16,
heading
Omit “RMS”. Insert instead
“Transport for NSW”.
4.56Newcastle Local Environmental Plan
2012
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
wherever occurring in clause 5.1(2), except where firstly
occurring.
Insert instead “Transport for
NSW”.
4.57Parramatta (former The Hills) Local Environmental Plan
2012
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.58Parramatta Local Environmental Plan
2011
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.59Passenger Transport Act 1990 No
39
[1]Whole Act (except Schedule 3
and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[2]Section 3
Definitions
Omit the definition of Roads and
Maritime Services or RMS from section
3(1).
[3]Sections 46H(2) and (3) and
62(2)
Omit “RMS or” wherever
occurring.
[4]Section 46NA Meaning of
“appropriate authority”
Omit paragraph (b) of the definition of appropriate
authority.
[5]Sections 46R(2)(f)(ii) and
46W(2), (3), (6) and (7)
Omit the provisions.
[6]Sections 46W(5) and 47(1) and
(2)
Omit “or RMS” wherever
occurring.
[7]Section 47,
heading
Omit “or
RMS”.
[8]Section 66 Exclusion of
liability of the State
Omit “the Chief Executive of Roads and
Maritime Services or an officer of the Ministry of Transport, the Chief
Investigator or Roads and Maritime Services”.
Insert instead “the Secretary of the
Department of Transport, a person employed in the Transport Service or a
member of staff of the Chief Investigator”.
4.60Passenger Transport Act 2014 No
46
[1]Whole Act (except Schedule 3
and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[2]Section 4
Definitions
Omit the definition of Roads and
Maritime Services or RMS from section
4(1).
[3]Section 12
Definitions
Omit the section.
[4]Sections 13(1)(a), 17(2) and
(3)(a) and (b), 18(5)(c), 21, 22(1), 23(1), 26, 27, 33(2) and
35(1)(a)
Omit “the accrediting authority”
wherever occurring. Insert instead “TfNSW”.
[5]Sections 17(4) and (5), 18(1)
and (2), 19, 20(2) (including the note), 26(2) and (3) and 33(1) (including
the note) and (3)
Omit “The accrediting authority”
wherever occurring. Insert instead “TfNSW”.
[6]Section 20 Grants of
accreditation
Omit “an accrediting authority” from
section 20(1). Insert instead “TfNSW”.
[7]Section
20(2)
Omit “the authority”. Insert instead
“TfNSW”.
[8]Section 24 Notice of
accreditation decision
Omit “An accrediting authority” from
section 24(1). Insert instead “TfNSW”.
[9]Sections 152(2)–(4), 153
and 170(1)(a)
Omit the provisions.
[10]Section 152 Appointment of
authorised officers by TfNSW
Omit “and section 153” from section
152(5).
[11]Sections 152(5) and 170(3) and
(4)
Omit “RMS,” wherever
occurring.
[12]Sections 154, 156(1) and (3),
157(3), 166(6) (definition of “authorised officer”) and
169(3)
Omit “or RMS” wherever
occurring.
[13]Sections 159(2)–(4),
171(1)–(3), 172(3) and 174(1)
Omit “RMS or” wherever
occurring.
[14]Schedule 1 Investigation and
inspection powers
Omit the definition of appropriate authority from clause
25.
[15]Schedule 1, clause
28
Omit “The appropriate authority for an
authorised officer must pay compensation for any damage caused by
the”.
Insert instead “TfNSW must pay compensation
for any damage caused by an”.
[16]Schedule 4 Amendment of
Acts
Omit Schedule 4.12[14].
[17]Schedule
4.12[22A]
Insert after Schedule 4.12[22]—
[22A]Schedule 1, clause
8F(4)
Omit “section 46E of the Passenger Transport Act
1990”.
Insert instead “section 150 of the Passenger Transport Act
2014”.
4.61Passenger Transport (Drug and Alcohol Testing) Regulation
2010
[1]Clauses 14(3)(b) and (4) and
27–30
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[2]Clause 29,
heading
Omit “RMS”. Insert instead
“TfNSW”.
4.62Passenger Transport (General) Regulation
2017
[1]Whole Regulation (except
clause 239B and where otherwise amended by this
Subschedule)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[2]Clauses 80(1)(d) and
90(2)(a)
Omit “RMS’s” wherever
occurring. Insert instead “TfNSW’s”.
[3]Clause 239 Authorised
officers
Omit “and (2)” from clause
239(1).
[4]Clause
239(1)(a)
Omit the paragraph.
[5]Clause
239(1)(g)
Omit “RMS or”.
[6]Clause
239(2)
Omit “or RMS (whichever of those statutory
corporations appointed the person as an authorised
officer)”.
[7]Clause 239A Delegation to
authorised persons
Omit clause 239A(b).
4.63Petroleum (Onshore) Regulation
2016
Clause 18 Protected voluntary
audit documents not admissible in certain proceedings or otherwise
protected—section 83K
Omit clause 18(2)(i). Insert
instead—
(i)
Transport for NSW,
4.64Photo
Card Act 2005 No 20
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring.
Insert instead “Transport for
NSW”.
[2]Section 3
Definitions
Omit the definition of Authority from section
3(1).
Insert in alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Section 4,
heading
Omit “the Authority”. Insert
instead “TfNSW”.
[4]Sections 5 and 31,
headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
4.65Photo Card Regulation
2014
[1]Clause 6,
heading
Omit “Authority”. Insert
instead “TfNSW”.
[2]Clause 6
Omit “The Authority”. Insert instead
“Transport for NSW”.
[3]Clauses 8(1), 9(1)–(3)
and 10
Omit “the Authority” wherever
occurring. Insert instead “Transport for
NSW”.
4.66Pipelines Act 1967 No
90
[1]Section 3
Definitions
Omit “Rail Infrastructure Corporation,
Roads and Maritime Services” from paragraph (a) of the definition of
public
authority in section 3(1).
Insert instead “Transport for
NSW”.
[2]Section 3(1), paragraph (a) of
definition of “public authority”
Omit “, Transport Infrastructure
Development Corporation”.
4.67Pipelines Regulation
2013
[1]Clause 8,
heading
Omit “RMS”. Insert instead
“Transport for NSW”.
[2]Clause 8
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.68Place
Management NSW Act 1998 No 170
Section 18 Management of land
of other public authorities
Omit paragraph (b) of the definition of public
authority in section 18(5). Insert instead—
(b)
Transport for NSW constituted under the Transport Administration Act
1988,
4.69Point
to Point Transport (Taxis and Hire Vehicles) Act 2016 No
34
[1]Section 3
Definitions
Omit the definition of RMS from section
3(1).
[2]Section 25 Dismissal or other
victimisation of worker
Omit “RMS,” from the definition of
public
authority in section 25(6).
[3]Section 130 Return of
number-plates
Omit “RMS” from section 130(2).
Insert instead “TfNSW”.
[4]Section 149 Exchange of
information
Omit “or RMS” from paragraph (c) of
the definition of relevant
agency in section 149(5).
4.70Point to Point Transport (Taxis and Hire Vehicles) (Industry
Adjustment) Regulation 2016
[1]Schedule 1 Adjustment
assistance for taxi and hire vehicle industries
Omit “RMS” wherever occurring in
clauses 1(1) (definition of taxi
licence register), 5A(1)(e), 9(4)(d) and 16.
Insert instead
“TfNSW”.
[2]Schedule 1, clauses 10(d) and
10A(1)(d)
Omit “RMS,” wherever
occurring.
[3]Schedule 1, clauses 10(e) and
10A(1)(e)
Omit the paragraphs.
4.71Point to Point Transport (Taxis and Hire Vehicles)
Regulation 2017
Clause 87 Authorised
officers
Omit “, Roads and Maritime Services”
from clause 87(1)(c).
4.72Police
Act 1990 No 47
Section 96B Vetting of
prospective members of NSW Police Force or consultants
Omit “Roads and Maritime Services”
from section 96B(2)(c).
Insert instead “Transport for
NSW”.
4.73Port
Stephens Local Environmental Plan
2013
Clause 6.5
Infrastructure—Pacific Highway access
Omit “Roads and Maritime Services”
from clause 6.5(2).
Insert instead “Transport for
NSW”.
4.74Ports
and Maritime Administration Act 1995 No
13
[1]Whole Act (except Schedule 5
and where otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Long
title
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
[3]Section 3
Definitions
Omit the definition of the Authority from section
3(1).
Insert in alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[4]Sections 33 and 41 and Part 4,
Divisions 2 and 3, headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[5]Section 34 Maritime Advisory
Council
Omit “the Authority’s” from
section 34(4)(b). Insert instead
“TfNSW’s”.
[6]Part 4,
heading
Omit “Roads and Maritime
Services”. Insert instead
“TfNSW”.
[7]Section 43B,
heading
Omit “the Authority”. Insert
instead “TfNSW or Port Authority of
NSW”.
[8]Sections 43E(2) and (6)
(definition of “landside precinct”), 43F(1)(b) and (2), 43G(2),
(3) and (5)–(9), 85C, 85D(1), (2) and (4), 85E(1) and (3)–(5),
105B(3) and 105C(7)
Omit “, Transport for NSW” wherever
occurring.
[9]Section 85A Access to
wharves
Omit “or Transport for NSW” wherever
occurring in the definition of wharf
authorisation and the note to that definition in section
85A(2).
4.75Ports and Maritime Administration Regulation
2012
[1]Whole Regulation (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring.
Insert instead “Transport for
NSW”.
[2]Clause 19
Interpretation
Omit the definition of Transport
for NSW or TfNSW from clause
19(1).
[3]Clauses 67G(2), 67H, 67ZB(2)
and 67ZC
Omit “the Authority’s” wherever
occurring. Insert instead “TfNSW’s”.
[4]Clauses 67K, 67ZI and 67ZK,
headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[5]Clauses 67Q (paragraph (b) of
definition of “traffic control device”), 67S(1)(b), 67U(b) and
67ZM(2)
Omit “, Transport for NSW” wherever
occurring.
[6]Clause 68A Delegation of
certain functions of Minister
Omit the clause.
4.76Ports
Assets (Authorised Transactions) Act 2012 No
101
Section 3
Interpretation—key definitions
Omit paragraph (a) of the definition of associated port land. Insert
instead—
(a)
Transport for NSW,
4.77Protection of the Environment Operations Act
1997 No 156
Sections 165(3) and 166(1) and
Dictionary, definition of “marine authority”
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.78Protection of the Environment Operations (General)
Regulation 2009
[1]Clauses 81(6)(n), 86(1) and
94(1)(b)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
[2]Clause 81 Enforcement
officers
Omit “a member of staff of Transport for
NSW” from clause 81(6)(o).
Insert instead “a person employed in the
Transport Service”.
[3]Clause 81(6),
note
Omit “See also section 68HA(5) of the
Transport Administration Act 1988 in
relation to references to the staff of Roads and Maritime Services and the
staff of Transport for NSW.”.
[4]Clause 86,
heading
Omit “Roads and Maritime
Services”. Insert instead “Transport for
NSW”.
[5]Clause
86(2)
Omit the subclause. Insert instead—
(2)
In this clause—
Transport
for NSW means Transport for NSW constituted under the
Transport Administration Act
1988.
4.79Protection of the Environment Operations (Noise Control)
Regulation 2017
Clause 29 Exemptions for
emergency-related vehicles
Omit “Roads and Maritime Services,
Transport for NSW,” from clause 29(c).
Insert instead “Transport for
NSW”.
4.80Public
Works and Procurement Act 1912 No 45
[1]Section 154,
heading
Omit “Roads and Maritime
Services”. Insert instead “Transport for
NSW”.
[2]Sections 154(1)–(4) and
155(2)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.81Queanbeyan Local Environmental Plan
2012
Schedule 2 Exempt
development
Omit “Roads and Maritime Services”
from the matter under the heading “Street banners and sails on or
over roads”.
Insert instead “Transport for
NSW”.
4.82Recreation Vehicles Act 1983 No
136
Sections 15 (definition of
“approved”), 16, 17(1), 18, 19(1) and (3)(b), 21, 22, 30(2), 32(1)
and (4), 41 and 43(a)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.83Road
Improvement (Special Funding) Act 1989 No
95
[1]Section 3
Definitions
Omit the definition of Authority.
[2]Section 3, definition of
“Roads Fund”
Omit “Roads and Maritime Services”.
Insert instead “TfNSW”.
[3]Section 5 Appropriated money
subject to statutory trust for road funding
Omit “the Authority” and “The
Authority” wherever occurring in section 5(1) and (3).
Insert instead “Transport for
NSW”.
4.84Road Rules 2014
[1]Whole Rules (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Rules 155A(4–1),
157–1(4), 158(4) (definition of “special purpose vehicle”),
268(7), 268–1, 268–3(3) and 271(6) and Dictionary (definitions of
“approved bicycle helmet”, “authorised person” and
“emergency worker”)
Omit note 1.
[3]Rules 158(2), 218–1,
267(1), 289(1) and 294–3(1)
Omit “, and Authority is defined in the
Act” wherever occurring in note 1.
[4]Rules 213–1(1),
222–2(5), 294–2(3) and 300–3(1)
Omit the notes.
[5]Rules 289(1) and
294–3(1)
Omit “Dictionary,” wherever occurring
in note 1. Insert instead “Dictionary and”.
[6]Rule 267–1(5),
note
Omit “Authority is defined in the
Act.”.
[7]Dictionary, introductory note
1
Omit the first dot point.
4.85Road
Transport Act 2013 No 18
[1]Whole Act (except Schedule 4
and where otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Section 4
Definitions
Omit the definition of the Authority from section
4(1).
Insert in alphabetical order—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[3]Part 3.1 and Part 4.1,
Division 1, headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[4]Sections 28, 62, 63, 65, 85,
204(5) and 277 and Schedule 2, clauses 8, 10, 11 and 17,
headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[5]Section 48(5) and Schedule 2,
clause 20
Omit “Roads and Maritime Services
Fund” wherever occurring.
Insert instead “TfNSW
Fund”.
[6]Section 57 Release of
photographs prohibited
Omit section 57(1)(b). Insert
instead—
(b)
in connection with the exercise of its functions
under the Passenger Transport Act
2014, or
[7]Section 75 Direction to
provide documents concerning use of interstate registered
vehicles
Omit “the Authority or officer”
wherever occurring in section 75(1).
Insert instead “Transport for NSW or the
officer”.
[8]Section 78 Use of dangerously
defective motor vehicles
Omit “Authority’s” from section
78(6)(a). Insert instead “TfNSW’s”.
[9]Section 80(2) and Schedule 2,
clause 10(5)
Omit “the Authority’s” wherever
occurring. Insert instead “TfNSW’s”.
[10]Section 148U
Delegation
Omit “Transport for NSW
or”.
[11]Section 221C Application for
removal of licence disqualifications
Omit “Roads and Maritime Services”
from section 221C(3)(b).
Insert instead “Transport for
NSW”.
[12]Section 253 Protection from
liability with respect to impounding, removal of number-plates and crash
testing and other matters
Omit “the
Authority,”.
[13]Section 258 Proof of
appointments and signatures unnecessary
Omit paragraph (a) of the definition of office
holder in section 258(3). Insert instead—
(a)
the Secretary of the Department of Transport,
or
[14]Schedule 2 Registration
charges for heavy vehicles
Omit “Authority” from clause
19(1)(a). Insert instead “Transport for
NSW”.
[15]Schedule 2, clause
19(3)
Omit “Minister, Authority or”. Insert
instead “Minister, Transport for NSW or
the”.
4.86Road Transport (Driver Licensing) Regulation
2017
[1]Whole Regulation (except
clause 107)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Clauses 17(2), 22(1)(b),
29(1)(b), 36(2)(c), (5) and (6), 69(2)(b) and 114(3) and Schedule 3, item
6
Omit “the Authority’s” wherever
occurring. Insert instead “TfNSW’s”.
[3]Clause
36(6)
Omit “The Authority’s”. Insert
instead “TfNSW’s”.
[4]Clauses 35, 35A, 50, 65, 83,
94, 95, 105, 114 and 120, headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[5]Clause 104,
heading
Omit “Release of information
to”. Insert instead “Use of information
by”.
[6]Clause
104
Omit “The Authority may provide to
Transport for NSW any information recorded in the driver licence register for
the purpose of assisting Transport for NSW to exercise”.
Insert instead “Subject to any limitation
under clause 107, Transport for NSW may use information recorded in the driver
licence register for the purpose of exercising”.
[7]Clause 107 Use of information
for the purposes of the mandatory alcohol interlock
program
Omit “The Authority or” from clause
107(1).
4.87Road Transport (General) Regulation
2013
[1]Whole Regulation (except
Schedule 2 and where otherwise amended by this
Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Clause 3
Definitions
Omit the definition of Authority
guidelines from clause 3(1). Insert in alphabetical
order—
TfNSW
guidelines means guidelines in force under clause
83.
[3]Clauses 7, 45, 50K, 83, 97,
107 and 141, headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[4]Clause 53 Manner of approval
of aspects of data recording and related matters
Omit “the Chief Executive of the Authority
or by another person” from clause 53(b).
Insert instead “a
person”.
[5]Clauses 55(1)(b) and
59(1)(b)
Omit “the Chief Executive of the Authority,
or by another person” wherever occurring.
Insert instead “a
person”.
[6]Clauses 60(2)(a), (4) and (8),
66(1), (2)(a), (4) and (7), 73(1), (2)(a) and (4), 78(1), (2)(a) and (4) and
82(1)
Omit “Authority guidelines” wherever
occurring. Insert instead “TfNSW
guidelines”.
[7]Clause
79(b)
Omit “the Authority guidelines”.
Insert instead “TfNSW guidelines”.
[8]Clause 83(2) and
(3)
Omit “an Authority” wherever
occurring. Insert instead “a TfNSW”.
[9]Clause 140,
heading
Omit “Authority’s”.
Insert instead “TfNSW’s”.
[10]Schedule 4 Authorised
officers
Omit the definitions of Class 2
officer, Class 4
officer and Class 16
officer.
Insert in alphabetical order—
Class 2
officer means a person—
(a)
employed in the Transport Service who is
appointed as a class 2 enforcement officer, or
(b)
who is subject to the control and direction of
Transport for NSW as a class 2 enforcement officer.
Class 4
officer means a person—
(a)
employed in the Transport Service who is
appointed as a class 4 enforcement officer, or
(b)
who is subject to the control and direction of
Transport for NSW as a class 4 enforcement officer.
Class 16
officer means a person employed in the Transport Service who
is appointed as a Traffic Commander or a Transport
Commander.
4.88Road Transport (Vehicle Registration) Regulation
2017
[1]Whole Regulation (except where
otherwise amended by this Subschedule)
Omit “the Authority” and “The
Authority” wherever occurring (including in any notes).
Insert instead “Transport for
NSW”.
[2]Clauses 23, 24, 38, 45, 70, 74
and 86, Part 8, Division 4 and Schedule 2, clause 11E,
headings
Omit “Authority” wherever
occurring. Insert instead “TfNSW”.
[3]Clauses 41, 123N, 123O, 123P
and 123Q, headings
Omit “the Authority” wherever
occurring. Insert instead “TfNSW”.
[4]Clause 45(1)(d),
note
Omit “RMS”. Insert instead
“TfNSW”.
[5]Clauses 64(2)(a) and
85(3)
Omit “the Authority” wherever
occurring. Insert instead “TfNSW”.
[6]Clauses 64(2)(c),
105(1)(c)(ii), 119(1)(b), 121(1)(d), 123J(1)(c)(ii), 123Y(1)(b) and
123ZA(1)(c)
Omit “the Authority’s” wherever
occurring. Insert instead “TfNSW’s”.
[7]Clause 66 Directed
inspections
Omit “police officer” wherever
occurring in clause 66(2) and (3).
Insert instead “the police
officer”.
[8]Dictionary
Omit the definition of Authority
standard compliance specifications.
Insert in alphabetical order—
TfNSW
standard compliance specifications means any specifications
that Transport for NSW, by order published in the Gazette, has declared to be
specifications the compliance with which will be taken to be compliance with
the applicable vehicle standards for the purposes of clause 64 or
85.
4.89Roads
Act 1993 No 33
[1]Whole Act (except where
otherwise amended by this Subschedule)
Omit “RMS” and
“RMS’s” wherever occurring.
Insert instead “TfNSW” and
“TfNSW’s”, respectively.
[2]Section 32B
Definitions
Omit paragraph (g) of the definition of notifiable authority in section
32B(1).
[3]Dictionary
Omit the definitions of RMS, RMS
development land and RMS
Fund.
Insert in alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
TfNSW
development land means land that is declared by TfNSW to be
land to which section 161 applies.
TfNSW
Fund means the TfNSW Fund established under the Transport Administration Act
1988.
4.90Roads Regulation
2018
[1]Whole Regulation (except
Schedule 1 and where otherwise amended by this
Subschedule)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[2]Clause 74 Authority to enter
land
Omit “member of staff of RMS who holds the
position of Executive Director” from clause 74(b).
Insert instead “person employed in the
Transport Service who is authorised for the purposes of that section by
TfNSW”.
[3]Clause 75 Evidentiary
certificates
Omit “member of staff of RMS” from
clause 75(c).
Insert instead “person employed in the
Transport Service”.
[4]Schedule 1 Roads
authorities
Omit “RMS is declared” wherever
occurring. Insert instead “TfNSW is
declared”.
4.91Rural
Fires Act 1997 No 65
Section 100A
Definitions
Omit paragraph (c) of the definition of managed land in section
100A(1).
Insert instead—
(c)
that is vested in, or under the control of,
Transport for NSW, Sydney Metro, Transport Asset Holding Entity of New South
Wales or Residual Transport Corporation of New South Wales,
or
4.92Standard Instrument (Local Environmental Plans) Order
2006
Standard Instrument, Clause
5.1 Relevant acquisition authority [compulsory]
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
4.93State
Environmental Planning Policy No 64—Advertising and
Signage
[1]Clause 4
Definitions
Omit the definition of RMS from clause
4(1).
[2]Clauses 4(1) (paragraph (c) of
definition of “transport corridor land”), 12, 16(1), 17(3)(c),
18(2)–(4) and 31
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[3]Clause 15 Advertisements on
rural or non-urban land
Omit “the Roads and Traffic
Authority” from clause 15(2)(a)(ii).
Insert instead
“TfNSW”.
[4]Clause 33 Exempt
development
Omit “RMS,”.
4.94State Environmental Planning Policy (Educational
Establishments and Child Care Facilities)
2017
[1]Clause 13 Consultation with
public authorities other than councils
Omit “Roads and Maritime Services”
from clause 13(3).
Insert instead “Transport for
NSW”.
[2]Clause 57 Traffic-generating
development
Omit “Roads and Maritime Services (RMS)” from clause
57(2)(a).
Insert instead “Transport for NSW (TfNSW)”.
[3]Clause 57(3)(a) and
(4)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.95State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008
Clauses 2.114(d)(xiii)(A) and
5.22(c)(i)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
4.96State
Environmental Planning Policy (Gosford City Centre)
2018
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
4.97State
Environmental Planning Policy (Infrastructure)
2007
[1]Clause 5
Interpretation—general
Insert in alphabetical order in clause
5(2)—
Transport
for NSW or TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Clauses 16(2)(e), 68(1)(a),
70, 71(1), 72(i)(ii) and 129C(1)
Omit “Roads and Maritime Services”
wherever occurring.
Insert instead “Transport for
NSW”.
[3]Clause 93
Definitions
Omit the definition of RMS.
[4]Clause 93, definition of
“road infrastructure facilities”
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[5]Clause 100 Development on
proposed classified road
Omit “the chief executive officer of
RMS” wherever occurring in clause 100(1), (2)(a), (3) and
(5).
Insert instead
“TfNSW”.
[6]Clauses 100(3)(b) and (c) and
(4), 102(1), 103(2)(a) and (3) and 104(2A), (3) and (4)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[7]Schedule 3,
heading
Omit “Roads and Maritime
Services”. Insert instead “Transport for
NSW”.
4.98State
Environmental Planning Policy (Sydney Region Growth Centres)
2006
[1]Appendix 4 Alex Avenue and
Riverstone Precinct Plan 2010
Omit “Roads and Traffic Authority”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[2]Appendix 5 Marsden Park
Industrial Precinct Plan
Omit “Roads and Traffic Authority”
wherever occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
[3]Appendix 6 Area 20 Precinct
Plan
Omit “Roads and Traffic Authority”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[4]Appendix 7 Schofields Precinct
Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[5]Appendix 8 Liverpool Growth
Centres Precinct Plan
Omit “Roads and Maritime Services”
wherever occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
[6]Appendix 9 Camden Growth
Centres Precinct Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[7]Appendix 10 Campbelltown
Growth Centres Precinct Plan
Omit “Roads and Maritime NSW” from
clause 5.1(2).
Insert instead “Transport for
NSW”.
[8]Appendix 11 The Hills Growth
Centre Precincts Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[9]Appendix 12 Blacktown Growth
Centres Precinct Plan
Omit “Roads and Maritime Services”
wherever occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
[10]Appendix 13 Hawkesbury Growth
Centres Precinct Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[11]Appendix 14 South East Wilton
Precinct Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[12]Appendix 15 North Wilton
Precinct Plan
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
4.99State
Environmental Planning Policy (Three Ports)
2013
Clause 4
Definitions
Omit “Roads and Maritime Services”
from the definition of Channel
User Licence Agreement in clause 4(1).
Insert instead “Transport for
NSW”.
4.100State
Environmental Planning Policy (Western Sydney Employment Area)
2009
Clause 28 Relevant acquisition
authority
Omit “Roads and Maritime Services”
from clause 28(2).
Insert instead “Transport for
NSW”.
4.101Sydney Local Environmental Plan
2012
Schedule 2 Exempt
development
Omit “RMS” from the note under the
heading “Street art”.
Insert instead “Transport for
NSW”.
4.102Sydney Local Environmental Plan (Glebe Affordable Housing
Project) 2011
[1]Clause 5.1 Relevant
acquisition authority
Omit “Roads and Traffic Authority”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[2]Schedule 2 Exempt
development
Omit “RMS” from the note under the
heading “Street art”.
Insert instead “Transport for
NSW”.
4.103Sydney Local Environmental Plan (Green Square Town Centre)
2013
[1]Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[2]Schedule 2 Exempt
development
Omit “RMS” from the note under the
heading “Street art”.
Insert instead “Transport for
NSW”.
4.104Sydney Local Environmental Plan (Green Square Town
Centre—Stage 2) 2013
[1]Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
from clause 5.1(2).
Insert instead “Transport for
NSW”.
[2]Schedule 2 Exempt
development
Omit “RMS” from the note under the
heading “Street art”.
Insert instead “Transport for
NSW”.
4.105Sydney Local Environmental Plan (Harold Park)
2011
Schedule 2 Exempt
development
Omit “RMS” from the note under the
heading “Street art”.
Insert instead “Transport for
NSW”.
4.106Sydney
Olympic Park Authority Act 2001 No
57
[1]Section 4
Definitions
Omit the definition of RMS from section 4(1). Insert in
alphabetical order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
[2]Sections 19(7), 41(5) and (6),
42 and 45 (including note)
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
[3]Section
45
Omit “section 50”. Insert instead
“section 3I”.
4.107Sydney Regional Environmental Plan No 26—City
West
[1]Clause 54A Temporary use of
land for the purpose of a school at Wentworth Park
Omit “RMS” wherever occurring in
clause 54A(4).
Insert instead
“TfNSW”.
[2]Clause
54A(5)
Omit the definition of RMS. Insert in alphabetical
order—
TfNSW means Transport for NSW
constituted under the Transport Administration Act
1988.
4.108Tattoo
Parlours Act 2012 No 32
Section 36 Exchange of
information
Omit “or Roads and Maritime Services”
from paragraph (c) of the definition of relevant agency in section
36(4).
4.109Tattoo Parlours Regulation
2013
Clause 12 Additional
information and requirements for applications for
licences
Omit “Roads and Maritime Services”
from the definition of NSW
driver licence in clause 12(2).
Insert instead “Transport for NSW
constituted under the Transport Administration Act
1988”.
4.110Terrorism (High Risk Offenders) Regulation
2018
Clause 6 Prescribed
circumstances
Omit item 18 of the table to clause
6(2).
4.111The
Hills Local Environmental Plan 2019
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.112Tow
Truck Industry Act 1998 No 111
[1]Section 57 Tow Truck number
plates
Omit “Truck” from the section
heading. Insert instead “truck”.
[2]Section
57(1)
Omit “Roads and Maritime
Services”.
Insert instead “Transport for
NSW”.
4.113Transport Administration Act 1988 No
109
Section 3A Metropolitan rail
area
Omit “also lodged in the office of
Transport NSW” from section 3A(1).
Insert instead “held by
TfNSW”.
4.114Transport Administration (General) Regulation
2018
Clause 20 Further additional
classes of persons to whom TfNSW may delegate functions
Omit “RMS” wherever occurring. Insert
instead “TfNSW”.
4.115Valuation of Land Regulation
2018
Clause 4 Crown lease
restricted land
Omit clause 4(e). Insert instead—
(e)
Transport for NSW constituted under the Transport Administration Act
1988,
4.116Victims Rights and Support Act 2013 No
37
Section 75 Access to
information about whereabouts of defendant
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
4.117Water Management (General) Regulation
2018
[1]Schedule 4
Exemptions
Omit “Maritime Authority” from
the heading to clause 19.
Insert instead “Transport for
NSW”.
[2]Schedule 4, clause
19(a)
Omit “Roads and Maritime Services”.
Insert instead “Transport for NSW”.
4.118Waverley Local Environmental Plan
2012
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly and thirdly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.119Wollongong Local Environmental Plan
2009
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly and thirdly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.120Woollahra Local Environmental Plan
2014
Clause 5.1 Relevant
acquisition authority
Omit “Roads and Maritime Services”
where secondly and thirdly occurring in clause 5.1(2).
Insert instead “Transport for
NSW”.
4.121Workers Compensation Regulation
2016
Schedule 6 Maximum
costs—compensation matters
Omit “Roads and Maritime Services”
from clause 17(a).
Insert instead “Transport for
NSW”.
Schedule 5Repeals
Repeal of redundant
instruments
The following Acts and instrument, and provisions
of an Act are repealed—
Act or
instrument
Provisions
repealed
Statute Law (Miscellaneous Provisions) Act (No 2)
2018 No 68
Whole
instrument
Statute Law (Miscellaneous Provisions) Act (No 2)
2019 No 14
Whole
instrument
Wool, Hide and Skin Dealers Regulation
2015
Whole
instrument
Fair Trading Legislation Amendment (Reform) Act
2018 No 65
Schedule
1.2
Schedule 6General savings, transitional
and other provisions
1Effect of amendment of
amending provisions
(1)
An amendment made by Schedule 1 to an amending
provision contained in an Act or instrument is, if the amending provision has
commenced before the Schedule 1 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 an amendment made by the
proposed Act to a repealing or amending provision of an Act or instrument will
(if the repealing or amending provision commences before the amendment made by
the proposed Act) be taken to have commenced on the date the repealing or
amending provision commences.
2Effect of amendment or repeal
on acts done or decisions made
Unless 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
Unless 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, or provisions 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
any provision of any Act or instrument, by the proposed Act. The Act or
instrument, or provision, 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 relating to incidental matters arising out of
the proposed Act.
Historical
notes
Table of amending
instruments
Statute Law
(Miscellaneous Provisions) Act 2020 No 30. Assented to
27.10.2020. Date of commencement, except amendments made by Schs 1, 2 and 4,
assent, sec 2(1); date of commencement of amendments made by Schs 1 (except
Sch 1.6[1]) and 2 (except Sch 2.20, 2.27 and 2.36), 11.12.2020, sec 2(3); date
of commencement of Sch 1.6[1], 1.3.2021, Sch 1.6; date of commencement of
amendments made by Sch 2.20, 24.7.2015, Sch 2.20; date of commencement of
amendments made by Sch 2.27, 1.11.2014, Sch 2.27; date of commencement of
amendments made by Sch 2.36, 1.9.1990, Sch 2.36; date of commencement of
amendments made by Sch 4, 22.1.2021, sec 2(4).