1999
1999
2001-07-18
act
publicspecial
act.reprint
act-1999-085
allinforce
2001-07-17
act-2001-056
none
act-1999-031
e0353069-a3f3-48ec-901f-79ac470b9962
b679ac58-debc-4e61-96d1-788e94caa0a9
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2001
No 56, Sch 4 with effect from 17.7.2001.
An Act to repeal certain Acts and to amend
certain other Acts in various respects, including 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
1999.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by subsection (2).
(2)
The amendments made by Schedules 1, 2 and 3
commence on the day or days specified in those Schedules in relation to the
amendments concerned. If a commencement day is not specified, the amendments
commence on the date of assent.
3Amendments
Each Act specified in Schedules 1–6 is
amended as set out in those Schedules.
4Repeals
Each Act, or provision of an Act, specified in
Schedule 7 is repealed.
5General savings, transitional
and other provisions
Schedule 8 has effect.
6Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules does not form part of
this Act.
Schedule 1Minor
amendments
(Section 3)
1.1Anti-Discrimination Act 1977 No
48
[1]Section 72 Appointment of
members
Omit “one full-time member and 4 part-time
members”.
Insert instead “5 members (including a
President)”.
[2]Section 73 Term of
office
Omit “full-time member” from section
73 (a). Insert instead “President”.
[3]Section 73
(b)
Omit “a part-time member”. Insert
instead “any other member”.
[4]Section 75 Vacation of
office
Insert “full-time” before
“President” in section 75 (b).
[5]Section 76 Removal from
office
Omit “part-time
member”.
Insert instead “member (other than the
President)”.
[6]Section 79 Remuneration of
members other than the President
Omit “part-time member”. Insert
instead “member (other than the
President)”.
[7]Section 80
President
Omit section 80 (1). Insert instead:
(1)
The President may be appointed on a full-time or
part-time basis.
[8]Section 80
(2)
Omit “The President”.
Insert instead “A President appointed on a
full-time basis”.
[9]Section 80 (3) and
(3A)
Insert after section 80 (2):
(3)
A President appointed on a part-time basis is
entitled to be paid such remuneration (including travelling and subsistence
allowances) as the Minister may from time to time determine in respect of him
or her.
(3A)
A person may hold office, and exercise functions,
as President (whether full-time or part-time) even though the person also
holds, and exercises the functions of, a judicial office or a statutory or
other public office.
[10]Section 82 Alternate
members
Omit “part-time member” from section
82 (1).
Insert instead “member other than the
President”.
[11]Section 84 Preservation of
rights of President who was previously public servant
Omit “a full-time member” wherever
occurring in section 84 (2), (3) and (4).
Insert instead “the
President”.
[12]Section 84
(2)
Omit “the full-time member” wherever
occurring.
Insert instead “the
President”.
[13]Section 84
(3)
Omit “A full-time member”. Insert
instead “A President”.
[14]Section 84
(5)
Omit “A full-time member”. Insert
instead “The President”.
Explanatory
note
The Anti-Discrimination Act 1977 constitutes
the Anti-Discrimination Board which has four part-time members and a
President, who is required to devote the whole of his or her time to the
duties of his or her office.
Item [6] of the proposed amendments removes the
obligation on the President to devote the whole of his or her time to the
duties of office and provides for either full-time or part-time
appointment.
Item [8] of the proposed amendments removes any
prohibition on a person holding the office of President at the same time that
the person holds judicial or statutory office.
The remainder of the amendments make
consequential amendments.
1.2Associations Incorporation Act 1984 No
143
Section 73
Regulations
Insert after section 73 (1) (b1):
(b2)
the waiver of fees in whole or in part,
or
Explanatory
note
The proposed amendment provides for the Governor
to make regulations under the Associations
Incorporation Act 1984 for or with respect to the waiver
of fees payable under the Act.
1.3City
of Sydney Act 1988 No 48
[1]Section 14
Definitions
Omit “subsections (1A) and (3)” from
the definition of ratepaying lessee in section 14 (1)
(b).
Insert instead “subsections (1A), (3) and
(4)”.
[2]Section 14 (3)
(b)
Omit “general manager of the City of
Sydney”.
Insert instead “Electoral
Commissioner”.
[3]Section 14 (3)
(b)
Omit “general manager” where secondly
occurring.
Insert instead “Electoral
Commissioner”.
Explanatory
note
The provisions of the City
of Sydney Act 1988 that deal with the conduct of elections
for the City of Sydney were amended by the Local Government Legislation Amendment
(Elections) Act 1998. One of those amendments (inserted in
the committee stage of Parliament’s consideration of the Bill) provided
for the Electoral Commissioner, rather than the general manager of the City of
Sydney, to be responsible for the preparation of electoral rolls. However,
section 14 (3) of the Act continues to provide for the general manager to
choose between competing claimants for enrolment.
Items [2] and [3] of the proposed amendments
provide for the Electoral Commissioner to exercise all functions relating to
enrolment.
Item [1] of the proposed amendments corrects a
cross-reference.
1.4Coal
Mines Regulation Act 1982 No 67
[1]Section 79 District check
inspector may act as check inspector
Insert after section 79 (2):
(3)
For the purposes of conducting any examination or
inspection under section 91, a district check inspector has the powers of a
check inspector under section 73.
[2]Sections 90 and
91
Insert “district” before “check
inspector” wherever occurring.
Explanatory
note
Item [1] of the proposed amendments makes clear
the powers of a district check inspector to conduct examinations and
inspections when visiting a mine at which an accident or dangerous occurrence
has taken place.
Item [2] of the proposed amendments makes
consequential amendments.
1.5Community Land Development Act 1989 No
201
[1]Section 16 Taking on lease of
additional association property
Omit “Crown, and” from paragraph (b)
of the definition of land in section 16
(5).
Insert instead
“Crown.”.
[2]Section 16 (5), definition of
“land”
Omit paragraph (c) of the
definition.
[3]Section 16
(5)
Insert at the end of section 16 (5):
lease includes:
(a)
a sublease, and
(b)
a leasehold estate or interest acquired by
transfer.
[4]Section 17 Lease of certain
association property
Insert after section 17 (1):
(1A)
A community association or precinct association
may:
(a)
transfer a lease accepted or acquired by the
association under section 16, if such a transfer is not prevented by the terms
or conditions of the lease, or
(b)
grant by way of sublease, a lease of any or all
of its estate or interest in land the subject of a lease so accepted or
acquired, if such a grant is not prevented by the terms or conditions of the
lease.
[5]Section 17
(3)
Insert “, transfer of a lease or
sublease” after “lease”.
[6]Section 22 Subdivision of
neighbourhood lots and related neighbourhood property
Omit “Supreme Court” from section 22
(3) (d).
Insert instead “Community Schemes
Board”.
[7]Section 23 Acquisition of
additional neighbourhood property
Omit “Crown, or” from paragraph (b)
of the definition of land in section 23
(6).
Insert instead
“Crown.”.
[8]Section 23 (6), definition of
“land”
Omit paragraph (c) of the
definition.
[9]Section 23
(6)
Insert at the end of section 23 (6):
lease includes:
(a)
a sublease, and
(b)
a leasehold estate or interest acquired by
transfer.
[10]Section 24 Lease or transfer
by neighbourhood association
Insert after section 24 (1):
(1A)
A neighbourhood association may, by unanimous
resolution:
(a)
transfer a lease of land accepted or acquired by
the association under section 23, if such a transfer is not prevented by the
terms or conditions of the lease, or
(b)
grant by way of sublease, a lease of any or all
of its estate or interest in land the subject of a lease so accepted or
acquired, if such a grant is not prevented by the terms or conditions of the
lease.
[11]Section 24
(5)
Insert “, sublease” after
“lease”.
[12]Section 40 Recording of
certain orders
Omit “a Community Schemes Board” from
section 40 (1).
Insert instead “the Community Schemes
Board”.
[13]Section 40 (5), definition of
“certified”
Omit paragraph (a) of the definition. Insert
instead:
(a)
if the order is an order of the Community Schemes
Board—certified by the registrar appointed under section 109N of the
Community Land Management Act 1989,
or
[14]Schedule 7 Conversion of
neighbourhood lot to neighbourhood property
Omit clause 4 (b). Insert instead:
(b)
the conversion must have been authorised by the
Community Schemes Board.
[15]Schedule 9 Additions to
association property by lease or transfer
Insert “(except where a leasehold interest
is acquired by transfer of lease or sublease)” after
“transferred” in clause 1 (a).
[16]Schedule 10 Dealings with
association property
Insert “, sublease, or transfer of a
lease” after “lease” in clause 1 (a).
[17]Schedule 10, clause 3
(b)
Omit the subclause. Insert instead:
(b)
the dealing has been authorised by the Community
Schemes Board.
Explanatory
note
Lease of additional land by an
association
Section 16 of the Community Land
Development Act 1989 empowers a community association or a
precinct association to add to its association property by registering a lease
of land to it. Section 23 of the Act makes similar provision for neighbourhood
associations.
Items [3] and [9] of the proposed amendments make
it clear that an association can add to association property land that is
sublet to the association. An association may also add to its association
property by accepting a transfer or assignment of a lease.
Items [5] and [15] make consequential
amendments.
Lease of association
property
Section 17 of the Act empowers a community
association or a precinct association to lease some of its association
property. Section 24 of the Act enables a neighbourhood association to lease
neighbourhood property.
Items [4] and [10] of the proposed amendments
enable an association to transfer a lease of association property or to sublet
land the subject of a lease to the association.
Items [11] and [16] make consequential
amendments.
Authorisation of acts during
the initial period
Section 23 of the Community Land
Management Act 1989 imposes restrictions on an association
during the initial period for its related scheme, including restrictions on
the conversion to association property of a neighbourhood lot and the
subdivision of a neighbourhood lot within a scheme. Section 23 (4) of that Act
provides that those restrictions may be waived, varied or extinguished by
order of the Community Schemes Board.
Section 22 of, clause 4 (b) of Schedule 7 and
clause 3 (b) of Schedule 10 to, the Community Land
Development Act 1989 incorrectly refer to the
authorisation of a subdivision, conversion or dealing by the Supreme
Court.
Items [6], [14] and [17] of the proposed
amendments clarify that the authorisation is by the Community Schemes
Board.
Other
amendments
Items [1], [2], [7] and [8] of the proposed
amendments omit redundant paragraphs of definitions.
Item [12] updates a reference to the Community
Schemes Board.
Item [13] updates a reference to the office
holder responsible for the certification of orders made by the Community
Schemes Board.
1.6Community Land Management Act 1989 No
202
[1]Section 14 Amendment of
management statement
Omit section 14 (4). Insert instead:
(4)
An amendment has no effect until it is
registered.
(5)
Lodgment of an amendment cannot be accepted later
than 2 months after the passing of the resolution making the
amendment.
[2]Section 64 Registrar to be
satisfied mediation has been attempted before accepting
application
Omit “agree” from section 64 (2)
(b).
Insert instead
“agrees”.
Explanatory
note
Section 13 of the Community Land
Management Act 1989 gives legal effect to the following
categories of management statements:
(a)
a community management statement, which is a
statement that is registered with a community plan as a statement of the
by-laws and other particulars governing participation in the community
scheme,
(b)
a neighbourhood management statement, which is a
statement that is registered with a neighbourhood plan as a statement of the
by-laws and other particulars governing participation in the neighbourhood
scheme,
(c)
a precinct management statement, which is a
statement that is registered with a precinct plan as a statement of the
by-laws and other particulars governing participation in the precinct
scheme.
Section 14 of the Act provides for the amendment
of such management statements by resolution of the association. At present,
section 14 (4) provides that an amendment to a management statement has no
effect unless it is registered within 2 months of the resolution making the
amendment.
Item [1] of the proposed amendments provides that
an amendment to a management statement must be lodged for registration within
2 months after the resolution making the amendment, and takes effect on
registration.
Item [2] of the proposed amendments corrects a
grammatical error.
1.7Constitution Act 1902 No
32
Section 31A Absence of Speaker
from New South Wales
Omit “Chairman of Committees”
wherever occurring.
Insert instead “Deputy
Speaker”.
Explanatory
note
Section 31A of the Constitution Act 1902 provides for the
Chairman of Committees of the Legislative Assembly to act in the place of the
Speaker when he or she is absent from New South Wales.
The proposed amendment omits references to the
Chairman of Committees and instead provides for the Deputy Speaker of the
Legislative Assembly to act in the place of the Speaker.
1.8Consumer Claims Act 1998 No
162
[1]Schedule 1 Savings and
transitional provisions
Insert after clause 3 (1):
(2)
A consumer claims tribunal is abolished:
(a)
when the member (who constitutes the tribunal)
ceases, in accordance with a notice under clause 4, to hold office,
or
(b)
on 1 November 1999,
whichever is earlier.
[2]Schedule 1, clause 5
(2)
Insert at the end of clause 5:
(2)
This clause ceases to have effect on 1 November
1999.
[3]Schedule 1, clause
5A
Insert after clause 5:
5APending proceedings after 1
November 1999
(1)
If proceedings were instituted before the
commencement of this Schedule but had not commenced to be heard by a consumer
claims tribunal before 1 November 1999, the proceedings are taken to have been
duly instituted in the Tribunal (as constituted, or reconstituted, in
accordance with section 13 of the Fair Trading Tribunal Act
1998).
(2)
If a consumer claims tribunal had commenced to
hear (but had not finally determined) a matter before 1 November 1999, the
Tribunal (as constituted, or reconstituted, in accordance with section 13 of
the Fair Trading Tribunal Act 1998) is to
continue to hear and determine the matter.
(3)
For the purpose of subclauses (1) and (2):
(a)
the Tribunal has and may exercise all the
functions that the relevant consumer claims tribunal had immediately before
its abolition, and
(b)
the provisions of any Act, statutory rule or
other law that would have applied to or in respect of the proceedings had this
Act not been enacted continue to apply.
(4)
For the purposes of proceedings heard under
subclause (2), the Tribunal may have regard to any record of the proceedings
before the relevant consumer claims tribunals, including a record of any
evidence taken in the proceedings.
[4]Schedule 1, clause
6
Omit “this clause” from clause 6 (b).
Insert instead “clause 5”.
[5]Schedule 1, clause
6
Omit “to be an order made by the Tribunal
under the corresponding provision of this Act or the Fair Trading Tribunal Act
1998 and may be enforced
accordingly”.
Insert instead “, for the purpose only of
its enforcement and not for the purpose of conferring any right of appeal or
review, to be an order made by the Tribunal under the corresponding provision
of this Act, the Home Building Act
1989 or the Fair Trading Tribunal Act
1998”.
Explanatory
note
The Consumer Claims
Act 1998 abolished consumer claims tribunals and conferred
jurisdiction in respect of consumer claims on the Fair Trading Tribunal.
Schedule 1 to the Act continues the existence of consumer claims tribunals,
but only for the purpose of the exercise by the tribunals of their functions
in relation to pending proceedings.
Items [1]–[3] of the proposed amendments
provide that, from 1 November 1999, matters instituted in consumer claims
tribunals, including part-heard matters, will be dealt with by the Fair
Trading Tribunal.
Item [4] corrects a wrong
cross-reference.
Item [5] makes it clear that no right of appeal
or review is to be conferred in relation to orders made under the Consumer
Claims Tribunals Act 1987 before its repeal or orders made
under transitional arrangements in relation to proceedings that were pending
under that Act immediately before its repeal. Item [5] also recognises that it
is appropriate for some orders of consumer claims tribunals having effect
immediately before the repeal of the Consumer Claims Tribunals Act
1987 and some orders made in proceedings that were pending
on the repeal of that Act to have effect as orders under the Home Building Act
1989.
1.9Contaminated Land Management Act 1997 No
140
[1]Section 17 Investigation
order
Insert after section 17 (1) (c):
(d)
the most appropriate means for undertaking
remediation of the land.
[2]Section 23 Remediation
order
Insert “or, at the discretion of the EPA, a
plan recommended by the EPA or submitted by a site auditor accredited under
Part 4” after “subsection (1) (b)” in section 23
(2).
[3]Section 24 Details of
remediation order
Insert “, or prepare the plan required by
the order” after “the remediation” wherever occurring in
section 24 (3) (a) and (b).
[4]Section 24 (3)
(c)
Insert “, or the preparation of the plan of
remediation” after “remediation”.
[5]Section 24 (3)
(d)
Insert “, or the plan of
remediation,” after “remediation”.
[6]Section 24 (3)
(d)
Insert “or plan” after “such a
report”.
[7]Section 24 (3)
(e)
Insert “or the plan of remediation”
after “remediation”.
[8]Section 36 Recovery of costs
of investigation or remediation
Insert “a reference to” after
“includes” in section 36 (6).
[9]Section 36
(6)
Omit all words after “authority”
where firstly occurring.
[10]Section 36
(8)
Omit “to be”. Insert instead
“of”.
[11]Section 36
(8)
Omit “clause 33”. Insert instead
“section 33 or 34”.
[12]Section 47
Definitions
Insert after paragraph (b) (iii) of the
definition of site
audit in section 47 (1):
(iv)
the suitability and appropriateness of a plan of
remediation, a long-term management plan, a voluntary investigation proposal
or a remediation proposal.
[13]Section 53 Annual returns and
other notifications
Omit “not later than 21 days” from
section 53 (1).
Insert instead “not more than 60 days and
not less than 30 days”.
Explanatory
note
Investigation and remediation
orders
Part 3 of the Contaminated Land
Management Act 1997 provides for the investigation and
remediation of contaminated land.
Section 17 of the Act empowers the EPA to issue
investigation orders in relation to land declared to be an investigation area.
Such an order requires a person to report on the nature and extent of the
contamination of land, the nature and extent of the harm caused by the
contamination and the risk that the contamination will cause such
harm.
Item [1] of the proposed amendments enables an
investigation order to require a person to report on the most appropriate
means for remediation of the land.
Section 23 of the Act provides for the EPA to
make remediation orders requiring a person to carry out specified remediation
and other action or requiring the submission of a plan of remediation to the
EPA.
Item [2] provides that a remediation order
requiring a person to carry out specified remediation and other action may
adopt, with or without modification, a report recommended by the EPA or by a
site auditor. Such a report may have been submitted in relation to an earlier
remediation order.
Items [3]–[7] include the preparation of a
plan for remediation of land in a provision that lists examples of the kinds
of action that may be required by a remediation order.
Recovery of costs of
contamination
Section 36 of the Act allows a person to recover
the costs of investigation or remediation of contaminated land from certain
other persons responsible for the contamination.
Item [9] of the proposed amendments makes it
clear that the section applies in all respects to any public
authority.
Items [8] and [10] correct grammatical
errors.
Item [11] provides for a person to recover the
administrative costs charged by the EPA from the persons responsible for the
contamination.
Site
audits
Part 4 of the Act provides for the audit of
investigation or remediation carried out in respect of the actual or possible
contamination of land.
Item [12] of the proposed amendments includes
within the scope of that Part an audit that is conducted for the purposes of
determining the suitability and appropriateness of a plan of remediation, a
long-term management plan, a voluntary investigation proposal or a remediation
proposal.
Item [13] changes the period within which a site
auditor is required to furnish the EPA with an annual return and other
notifications regarding site audits commenced or completed by the
auditor.
1.10Contracts Review Act 1980 No
16
[1]Section 4
Definitions
Omit paragraphs (d) and (e) of the definition of
Court in section 4
(1).
Insert instead:
(d)
in accordance with section 89D of the Home Building Act 1989, and without
affecting the jurisdictional limitations referred to in that section, the Fair
Trading Tribunal.
[2]Section 4
(1)
Insert in alphabetical order:
Fair
Trading Tribunal means the Fair Trading Tribunal constituted
under the Fair Trading Tribunal Act
1998.
Explanatory
note
The proposed amendments update references to
Tribunals.
1.11Credit
Act 1984 No 94
[1]Section 81 Assignment of
rights by credit provider
Insert “other than a credit provider”
after “person” wherever occurring in section 81 (1) (a) and
(b).
[2]Section 147 Matters to be
considered by Tribunal
Omit “contact” from section 147 (4).
Insert instead “contract”.
[3]Section 166A
Evidence
Omit “another” from section 166A.
Insert instead “other”.
Explanatory
note
Section 81 of the Credit Act
1984 prevents the assignment of certain rights by a credit
provider unless the assignment is made bona fide by way of security in respect
of a liability incurred by the assignor or is made with the consent of the
Director-General of the Department of Fair Trading or the Fair Trading
Tribunal.
Item [1] of the proposed amendments makes it
clear that a person, being a credit provider, can assign the whole or any part
of the person’s rights as a credit provider under a regulated contract
to another credit provider without the need for the assignment to be made
either by way of security or with the consent of the
Director-General.
Items [2] and [3] of the proposed amendments
correct typographical errors.
1.12Environmental Planning and Assessment Act 1979 No
203
[1]Section 108 Regulations
respecting existing use
Omit “section 88A” from section 108
(4). Insert instead “section 89”.
[2]Sections 118B, 118C (3) (c),
118D (1) and (2), 118E (2), 118F (1), 118G, 118H, 118I (2), 118K (1) and 118L
(1)
Omit “council or the Minister”
wherever occurring.
Insert instead “council, the Minister or
the Director”.
[3]Section 118B Inspections and
investigations
Omit “the council’s or the
Minister’s”.
Insert instead “the council’s, the
Minister’s or the Director’s”.
[4]Section 118C Notice of
entry
Insert “, the Director” after
“Minister” in section 118C (1).
[5]Section 118E Notification of
use of force or urgent entry
Omit “council or, if the person was
authorised by the Minister under section 118C (3) or 118D (1), the
Minister” from section 118E (1).
Insert instead “council, Minister or
Director (whichever authorised the person to enter the premises under section
118C (3) or 118D (1))”.
[6]Section 121B What orders may
be given by a consent authority?
Omit “this Act, the Local
Government Act 1993 or the Local Government Act
1919” from Item 9 (a) in the Table to section 121B
(1).
Insert instead “this Act or the Local Government Act
1993”.
Explanatory
note
Section 118A of the Environmental Planning and Assessment Act
1979 empowers a council, the Minister and the
Director-General of the Department of Urban Affairs and Planning (called the
“Director” in the Act) to authorise persons to enter premises for
the purpose of enabling the council, the Minister or the Director-General to
exercise the council’s, the Minister’s or the
Director-General’s powers under the Act. Although the Director-General
has the same power to authorise a person to enter premises as a council or the
Minister, the other provisions of Division 1A (Entry on to land and other
powers) of Part 6 of the Act, which elaborate on the exercise of that power of
entry, refer only to a person authorised by a council or the
Minister.
Items [2]–[5] of the proposed amendments
include references to the Director-General in other provisions, to give effect
to the powers of entry that the Director-General may authorise.
Item [1] of the proposed amendments corrects a
cross-reference.
Item [6] omits a reference to a repealed
Act.
1.13Fair Trading Tribunal Act
1998 No 161
[1]Section 6 Fair Trading
Tribunal
Omit “Property, Stock
and Business Agents Act 1941” and “Retail Leases Act 1994” from the
note to section 6 (2).
[2]Section 12 Divisions of the
Tribunal
Omit section 12 (1) (a) (vi) and
(vii).
[3]Schedule 4 Amendment of other
Acts
Omit Schedule 4.9 [2]. Insert instead:
[2]Section 42A Review of
commissions, fees etc
Omit section 42A (4)–(13). Insert
instead:
(4)
Without limiting the Consumer Claims Act 1998, the person
served with the statement of claim in accordance with subsection (1) or the
person receiving or obtaining an itemised account as provided in subsection
(3) may, in accordance with section 6 of that Act, apply to the Tribunal for
the determination of a consumer claim within the meaning of that Act in
relation to:
(a)
the entitlement of the licensee to the whole or
any part of the amount specified in the statement of claim or the itemised
account, or
(b)
whether the whole or any part of the amount is
reasonable,
or both.
(5)
Without limiting the Consumer Claims Act 1998, the Tribunal
has jurisdiction to hear and determine any such consumer claim despite:
(a)
the terms or conditions of any agreement or
contract entered into between the licensee and the applicant,
and
(b)
the amount being more or less than the maximum
amount (if any) of remuneration to which a licensee is entitled under this
Act.
(6)
The regulations may make provision for or with
respect to requiring the inclusion, in the manner prescribed by the
regulations, in statements of claim or itemised accounts referred to in this
section, of a notice, in a form approved by the Director-General, containing
advice concerning remedies available under the Consumer Claims
Act 1998.
[4]Schedule 4.9
[4]
Insert after Schedule 4.9 [3]:
[4]Schedule 2 Savings and
transitional provisions
Insert after Part 5:
Part 6Provisions consequential on
the Fair Trading Tribunal Act
1998
24Proceedings under section
42A
Proceedings instituted under section 42A but not
determined before 1 March 1999 are to be determined in accordance with that
section as in force when the proceedings are
determined.
25Notice to be included in
statements of claim or itemised accounts under section
42A
Until 31 August 1999, a licensee must append to a
statement of claim or itemised account under section 42A a notice in the form
last approved under section 42A (4A).
[5]Schedule 5 Savings,
transitional and other provisions
Insert at the end of clause 3:
(2)
A former body is abolished:
(a)
when the last of its members ceases, in
accordance with a notice under clause 4, to hold office,
or
(b)
on 1 November 1999,
whichever is earlier.
[6]Schedule 5, clause 5
(1A)
Insert after clause 5 (1):
(1A)
Subclause (1) ceases to have effect on 1 November
1999.
[7]Schedule 5, clause
5A
Insert after clause 5:
5APending proceedings after 1
November 1999
(1)
If proceedings were instituted before the closure
date but had not commenced to be heard by a former body before 1 November
1999, the proceedings are taken to have been duly instituted in the Tribunal
(as constituted, or reconstituted, in accordance with section 13 of this
Act).
(2)
If a former body had commenced to hear (but had
not finally determined) a matter before 1 November 1999, the Tribunal (as
constituted, or reconstituted, in accordance with section 13 of this Act) is
to continue to hear and determine the matter.
(3)
For the purposes of subclauses (1) and
(2):
(a)
the Tribunal has and may exercise all the
functions that the former body had immediately before its abolition,
and
(b)
the provisions of any Act, statutory rule or
other law that would have applied to or in respect of the proceedings had this
Act not been enacted continue to apply.
(4)
For the purposes of proceedings heard under
subclause (2), the Tribunal may have regard to any record of the proceedings
before the relevant former body, including a record of any evidence taken in
the proceedings.
Explanatory
note
Pending
proceedings
The Fair Trading Tribunal Act
1998 abolished the Commercial Tribunal, the Motor Vehicle
Repairs Disputes Committee and disputes committees constituted under former
section 34 of the Motor Dealers Act
1974. The Act conferred jurisdiction on the Fair Trading
Tribunal in respect of most matters formerly dealt with by those bodies.
Schedule 5 to the Act continues the existence of those former bodies, but only
for the purpose of the exercise by them of their functions in relation to some
pending proceedings.
Item [3] clarifies the position under the current
law that a person who wishes to challenge the entitlement of a licensee under
the Property, Stock and Business Agents Act
1941 to any remuneration by way of commission, fee, gain
or reward or any sum as reimbursement for expenses or charges, or who wishes
to dispute the reasonableness of any such remuneration or sum, has a general
consumer claim under the Consumer Claims Act
1998 and has access to the Fair Trading Tribunal via the
provisions of the Consumer Claims Act
1998. Item [3] also restores some of the provisions of
section 42A of the Property, Stock and Business Agents
Act 1941 that were repealed by the Fair Trading Tribunal Act
1998.
Item [4] makes transitional provisions as a
consequence of the amendment made by item [3].
Items [5]–[7] of the proposed amendments
provide that, from 1 November 1999, matters commenced in the bodies abolished
by the Act, including part-heard matters, will be dealt with by the Fair
Trading Tribunal.
Statute law
revision
Items [1] and [2] of the proposed amendments omit
incorrect references to the Property, Stock
and Business Agents Act 1941 and the Retail
Leases Act 1994 as being Acts that confer jurisdiction,
either directly or at all, on the Fair Trading Tribunal. The Property, Stock and Business Agents Act
1941 creates a consumer claim that may be pursued before
the Fair Trading Tribunal, but under the provisions of the Consumer Claims Act 1998. The Retail Leases Act 1994 confers
jurisdiction on the Administrative Decisions Tribunal.
1.14First
State Superannuation Act 1992 No 100
[1]Section 9 Membership on making
conversion election
Insert at the end of section 9 (2):
However, the salary or wages so nominated cannot
be lower than:
(a)
the monetary remuneration payable to the member
at the time of the nomination, or
(b)
the maximum contribution base, within the meaning
of the Superannuation Guarantee (Administration) Act
1992 of the Commonwealth, applicable at that
time,
whichever is the lower.
[2]Part 3, divisions 2, 3, 4 and
5, heading
Omit the heading.
[3]Schedule 2 Employees who are
not full members of the Fund
Omit “section 30A” from clause 1 (c).
Insert instead “section 12”.
[4]Dictionary
Omit “section 30A” from paragraph (b)
of the definition of inactive
member.
Insert instead “section
12”.
Explanatory
note
Part 3B of the Police Regulation
(Superannuation) Act 1906 and Part 3B of the Superannuation Act 1916 provide for
employees to be offered the opportunity to receive a conversion benefit if
they leave the superannuation schemes established under those Acts and become
members of the First State Superannuation Fund established under the First State Superannuation Act 1992.
Section 9 of the First State Superannuation Act
1992 provides that, on an election taking effect under the
relevant provisions, the person making the election is to be a full member of
the First State Superannuation Fund. For that purpose, the salary or wages of
an employee who is an executive officer is taken to be the salary nominated by
the employee in the conversion election.
Item [1] of the proposed amendments provides that
the amount nominated as salary cannot be less than the monetary remuneration
payable to the member at the time of the nomination or the maximum
contribution base under the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth, whichever
is the lower.
Item [2] of the proposed amendments omits
unnecessary headings.
Items [3] and [4] correct a
cross-reference.
1.15Food
Production (Safety) Act 1998 No 128
[1]Schedule 3 Amendment of
Meat Industry Act
1978
Omit “12 members” from section 47 (2)
of the Meat Industry Act
1978 (as proposed to be inserted by Schedule 3
[16]).
Insert instead “13
members”.
[2]Schedule 3
[16]
Insert after section 47 (2) (i) of the Meat Industry Act 1978 (as proposed to
be inserted by Schedule 3 [16]):
, and
(j)
one, who is a member of a trade union, is to be a
representative of consumers of abattoir meat and processed
meat.
Explanatory
note
The Food Production
(Safety) Act 1998 amends the Meat
Industry Act 1978 by establishing a Meat Industry
Consultative Council, the functions of which include the provision of advice
to the Minister on certain matters relating to the meat
industry.
The proposed amendments provide for the
appointment of a consumer representative to the Council.
1.16Grain
Marketing Act 1991 No 15
[1]Section
4A
Insert after section 4:
4ADelegation by
Director-General
The Director-General may delegate to any person
any of the Director-General’s functions under this Act, other
than:
(a)
any function of the Minister delegated to the
Director-General under section 4, or
(b)
this power of
delegation.
[2]Section 12 Membership of the
Consultative Committee
Omit section 12 (1) (b). Insert instead:
(b)
1 member nominated by the Director-General and
appointed by the Minister.
Explanatory
note
The Grain Marketing
Act 1991 provides for the marketing of coarse grains and
oilseeds.
Item [1] of the proposed amendments empowers the
Director-General of the Department of Agriculture to delegate any of his or
her functions under the Act.
Item [2] of the proposed amendments provides for
a nominee of the Director-General, rather than the Director-General himself or
herself, to be a member of the Grain Marketing Consultative
Committee.
1.17Growth
Centres (Development Corporations) Act 1974 No
49
[1]Section 3
Definitions
Omit the definition of Managing
Director in section 3 (1).
[2]Section 3
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department of Urban Affairs and
Planning.
[3]Section 3 (1), definition of
“member”
Omit “Managing Director”. Insert
instead “Director-General”.
[4]The whole Act (except section
3)
Omit “Managing Director” and
“Property Services Group” wherever occurring.
Insert instead “Director-General” and
“Department of Urban Affairs and Planning”,
respectively.
[5]Section 6 Provisions relating
to constitution and procedure of development corporation
Insert after section 6 (1A):
(1B)
The Director-General may be represented at any
meeting of a development corporation by a person nominated for the time being
by the Director-General. In so representing the Director-General, the person
nominated has and may exercise and perform the same powers, authorities,
duties and functions as the Director-General has at any meeting of a
development corporation (including voting rights), and is taken to be the
Director-General.
[6]Section 33 Misuse of
information
Omit “an officer or employee” from
section 33 (6) (b).
Insert instead “a member of
staff”.
[7]Schedule 2 Provisions relating
to the constitution and procedure of development
corporations
Omit “the Public Service Act
1902” from clause 5.
Insert instead “Part 2 of the Public Sector Management Act
1988”.
Explanatory
note
Under the Growth Centres
(Development Corporations) Act 1974, the Managing Director
of the Property Services Group is a member of the development corporations
constituted under the Act. By virtue of clause 14 (2) and (4) of the Administrative Changes (Departments) Order
1995 and section 13 (4) of the Environmental Planning and Assessment Act
1979, references in the first-mentioned Act to the
Managing Director and to the Property Services Group are to be read as
references to the Director-General of the Department of Urban Affairs and
Planning, and to that Department, respectively.
Item [5] of the proposed amendments allows the
Director-General of the Department of Urban Affairs and Planning to be
represented at any meetings of development corporations that he or she is
unable to attend personally. Any such representative is to be nominated by the
Director-General.
Items [1]–[4] and [6] of the proposed
amendments recognise the construction of references concerning the Managing
Director and the Property Services Group, and make consequential
amendments.
Item [7] of the proposed amendments updates a
reference to a repealed Act.
1.18Home
Building Act 1989 No 147
Section 102 General
requirements for insurance
Omit “$200,000, or such other amount as may
be prescribed by the regulations, in relation to each dwelling to which the
insurance relates” in section 102 (3).
Insert instead “$200,000 in relation to
each dwelling to which the insurance relates, or such other amount as may be
prescribed by the regulations”.
Explanatory
note
Part 6 of the Home Building Act
1989 imposes obligations regarding insurance of certain
work, including residential building work done under contract (section 92),
the supply of kit homes (section 93), owner-builder work (section 95) and
residential building work done by a developer or done otherwise than under
contract (section 96).
Section 102 of the Act provides that all
contracts of insurance required to be entered into by or under Part 6 of the
Act must provide for cover of not less than $200,000, or such other amount as
may be prescribed by the regulations, in relation to each dwelling to which
the insurance relates.
The proposed amendment restates that obligation.
Under the amended subsection the contract of insurance must provide for cover
of not less than $200,000 in relation to each dwelling to which the insurance
relates, or such other amount as may be prescribed by the regulations. The
amendment enables the existing power to make regulations to vary the standard
$200,000 insurance coverage for residential building work to be exercised in
an appropriate case without the need for the varied amount to be multiplied by
the number of dwellings in the building. Accordingly, in the case of the
repair of common property such as a roof of a residential flat building, an
amount of coverage can be prescribed that is not required to be artificially
increased by being multiplied by the number of units within the
building.
1.19Impounding Act 1993 No
31
[1]Section 20 Impounding
authority to notify owner
Insert “as soon as practicable after
becoming aware of the name or address” after “item” in
section 20 (3).
[2]Section 39 Time limit for
applications
Omit “date of impounding” from
section 39 (a).
Insert instead “date on which impounding
was notified”.
[3]Section 39
(c)
Insert after section 39 (b):
, or
(c)
if notice of the impounding was not given within
28 days from the day on which the article was impounded, 28 days from the day
on which the article was impounded.
Explanatory
note
The Impounding Act
1993 empowers an impounding officer to impound an article
found in the officer’s area of operations if the officer believes on
reasonable grounds that the article has been abandoned or left unattended.
Section 20 of the Act requires an impounding authority to make all reasonable
inquiries in an effort to find out the name and address of the owner of an
impounded item and then to notify the owner that the item has been impounded.
A person can make an application to the Administrative Decisions Tribunal to
review an impounding decision. Such an application must be made within 28 days
from the date of impounding.
Item [1] of the proposed amendments requires
notice of the impounding of an item to be given as soon as practicable after
an impounding authority finds out the name and address of the
owner.
Item [2] provides for the 28-day appeal period to
run from the date that the owner is notified of the impounding of the item,
rather than the date of impounding.
Item [3] retains the existing appeal period in
cases where notice was not given.
1.20Interpretation Act 1987 No
15
[1]Section
69A
Insert after section 69:
69AEvidence of publication of
Australian standards or other publications
If an Act or statutory rule applies, adopts or
incorporates by way of reference any publication, or any provision of a
publication, of Standards Australia, any other body or any person expressly or
impliedly identified in the Act or statutory rule, evidence of the publication
or provision may be given in any proceedings:
(a)
by the production of a document purporting to be
a copy of it and purporting to be published by or on behalf of Standards
Australia or the other body or person concerned, or
(b)
by the production of a document purporting to be
a copy of it and purporting to be printed by the Government Printer or by the
authority of the Government of the Commonwealth, a State or a
Territory.
[2]Section 80 Compliance with
forms
Insert after section 80 (2):
(3)
Without limiting the generality of subsections
(1) and (2), in any form in an Act or statutory rule, a reference to a date
that is presumed to be in the nineteenth or twentieth century may be construed
as a reference to a date in the twenty-first century and the form may be
altered accordingly.
Explanatory
note
A publication may be applied, adopted or
incorporated by reference into an Act or statutory rule. Section 69 of the
Interpretation Act 1987 provides for the
interpretation of references to publications other than Acts or
instruments.
Item [1] of the proposed amendments specifies how
evidence of the publication may be given in any proceedings.
A number of New South Wales Acts and statutory
rules contain forms that require a date to be inserted. In many instances the
date is expressed as “//19” or as “on the day of 19”.
Item [2] of the proposed amendments provides that
a completed form will not be invalid if a date in the twenty-first century is
inserted in place of a date in the nineteenth or twentieth
century.
1.21Lake
Illawarra Authority Act 1987 No 285
[1]Section 6 The
Authority
Omit “7” from section 6
(3).
Insert instead
“10”.
[2]Section 6 (4)
(b1)–(b3)
Insert after section 6 (4) (b):
(b1)
1 member is to be appointed to represent NSW
Fisheries,
(b2)
1 member is to be appointed to represent the
Department of Land and Water Conservation,
(b3)
1 member is to be the Chairperson of the
Illawarra Catchment Management Committee established under the Catchment Management Act
1989,
[3]Section 7 Staff of the
Authority
Omit “Public Works Department” from
section 7 (2).
Insert instead “Department of Land and
Water Conservation”.
[4]Schedule 4 Provisions relating
to procedure of the Authority
Omit “4” from clause 2. Insert
instead “6”.
Explanatory
note
The Lake Illawarra Authority is a statutory
corporation whose functions include carrying out the development works
described in Schedule 2 to the Lake Illawarra
Authority Act 1987.
Items [1], [2] and [4] of the proposed amendments
alter the composition of the Authority, by providing for the appointment of 3
additional members, to represent NSW Fisheries, the Department of Land and
Water Conservation and the Illawarra Catchment Management
Committee.
Item [3] updates a reference to a
Department.
1.22Landlord and Tenant (Rental Bonds) Act 1977 No
44
[1]Section 20 Rental Bond
Interest Account
Omit “Auctioneers and
Agents Act 1941 and the Minister administering the Residential Tenancies Act 1987”
from section 20 (2A).
Insert instead “Property, Stock and Business Agents Act
1941 and the Minister administering the Residential Tenancies Act 1987, the
Residential Tribunal Act 1998 and the
Residential Parks Act
1998”.
[2]Section 20
(2A)
Insert “, the Residential Tribunal Act 1998 and the
Residential Parks Act 1998” after
“1987” where secondly occurring.
Explanatory
note
Section 20 of the Landlord and
Tenant (Rental Bonds) Act 1977 provides for contributions
from the Rental Bond Interest Account to be used to pay half the costs of the
administration of the Residential Tenancies Act
1987.
The proposed amendments provide for the costs and
expenses of administering the Residential
Tribunal Act 1998 and the Residential Parks
Act 1998 to be payable out of the Account also. (Until the
commencement of those Acts the matters with which they deal, the constitution
and functions of the Residential Tenancies Tribunal and the regulation of park
owners and residents of residential parks, were dealt with under the Residential Tenancies Act
1987.)
1.23Marketing of Primary Products Act 1983 No
176
[1]Section 5 Delegation by the
Minister
Omit section 5
(2)–(6).
[2]Section
5A
Insert after section 5:
5ADelegation by
Director-General
The Director-General may, by instrument in
writing, delegate to any person any of the Director-General’s functions
under this Act, other than:
(a)
any function of the Minister delegated to the
Director-General under section 5, or
(b)
this power of
delegation.
[3]Section
131A
Insert after section 131:
131AAnnual reports by
Director-General
(1)
As soon as practicable after 30 June, but on or
before 31 December, in each year, the Director-General must prepare and
forward to the Minister a report of:
(a)
the Director-General’s work and activities
under this Act, and
(b)
the activities of the authorities,
and
(c)
the operation and effect of any marketing orders,
and
(d)
such other matters or things as the
Director-General thinks appropriate or as the Minister directs the
Director-General to report on.
(2)
The Minister must cause each such report to be
laid before both Houses of Parliament as soon as practicable after receiving
the report.
(3)
A report under this section need not be
separately prepared but may form part of the report prepared for the
Department under the Annual Reports (Departments) Act
1985.
Explanatory
note
The Marketing of
Primary Products Act 1983 provides for the marketing of
certain primary products, including by the establishment of marketing boards
in relation to certain of those products.
Item [2] of the proposed amendments empowers the
Director-General of the Department of Agriculture to delegate any of his or
her functions under the Act. Item [1] omits redundant provisions regarding the
delegation of functions. (Section 49 of the Interpretation
Act 1987 makes provision regarding the conferral and
exercise of a delegation.)
Item [3] of the proposed amendments imposes an
obligation on the Director-General to prepare an annual report concerning the
Director-General’s work and activities under the
Act.
1.24Meat Industry Amendment Act
1998 No 129
[1]Schedule 1
Amendments
Omit “all the meat sold is sold by
retail” from the definition of retail
meat premises in section 4 (1) of the Meat
Industry Act 1978 (as proposed to be inserted by Schedule
1 [9]).
Insert instead “meat is sold by
retail”.
[2]Schedule 1
[9]
Insert “where, in any week during the
preceding calendar year, more than one tonne of meat was sold by wholesale
or” after “not being premises” in the definition of retail
meat premises in section 4 (1) of the Meat
Industry Act 1978 (as proposed to be inserted by Schedule
1 [9]).
[3]Schedule 1
[111]
Insert after clause 15 of Schedule 2 to the
Meat Industry Act 1978 (as proposed to
be inserted by Schedule 1 [111]):
Part 4Liability
16Protection from
liability
No matter or thing done, and no contract entered
into, by the Authority, and no matter or thing done by a member or by any
person acting under the direction of the Board subjects a member or a person
so acting personally to any action, liability, claim or demand if the matter
or thing was done, or the contract was entered into, in good faith for the
purposes of executing this Act.
Explanatory
note
The Meat Industry Amendment Act
1998 amends the Meat Industry Act
1978 with respect to the Meat Industry Authority,
licences, inspectors and the regulation and handling of meat.
Definition of “retail
meat premises”
Items [1] and [2] of the proposed amendments
amend the definition of retail
meat premises, proposed to be inserted in the Meat Industry Act 1978, so as to include
in the definition premises where no more than one tonne of meat is sold by
wholesale in any week. (At present, the definition includes only premises
where all the meat sold is sold by retail.) As a consequence, such premises
will be able to function under the authority of a retailer’s licence
under the Act, rather than a licence more appropriate to a processing
plant.
Membership of Meat Industry
Authority
Before its amendment, the Meat
Industry Act 1978 constituted the Meat Industry Authority,
the Board of which included a representative of consumers of abattoir meat and
processed meat. Under the Act the members of the Board were protected from
personal liability in respect of things done, or contracts entered into, in
good faith for the purpose of the execution of the Act. When the Act was
amended the provisions concerning consumer representation and protection from
liability were inadvertently omitted. (Those amendments are
uncommenced.)
Item [3] of the proposed amendments restores the
protection from liability of members of the Board of the Meat Industry
Authority.
1.25Mines
Inspection Act 1901 No 75
[1]Sections 32 and
81
Omit “by this Act” wherever
occurring. Insert instead “by or under this
Act”.
[2]Section 41 Plans to be
furnished
Omit section 41 (6).
[3]Section 56 General
rules
Insert “or” at the end of section 56
(1) (c) (i), (ii) and (iii).
Explanatory
note
Item [1] of the proposed amendments makes
amendments consequential on amendments to the Mines Inspection
Act 1901 made by the Mines Legislation Amendment (Mines
Safety) Act 1998 (as proposed to be amended elsewhere in
this Schedule).
Item [2] of the proposed amendments omits a spent
provision.
Item [3] of the proposed amendments make
consistent the use of conjunctions in a provision.
1.26Mines Legislation Amendment
(Mines Safety) Act 1998 No 122
[1]Schedule 1 Amendment of
Coal Mines Regulation Act
1982
Insert “district” before “check
inspector” in section 91 (6) of the Coal Mines
Regulation Act 1982 (as proposed to be inserted by
Schedule 1 [34]).
[2]Schedule 1
[47]
Omit “section 174 (1) (nnn)” from
item [47].
Insert instead “section 174 (2)
(nnn)”.
[3]Schedule 2 Amendment of
Mines Inspection Act
1901
Omit “owner or manager of a mine or
other” from section 36A (1) (d) (ii) of the Mines
Inspection Act 1901 (as proposed to be inserted by
Schedule 2 [9]).
Insert instead “owner, general manager or
production manager of a mine or the owner or manager of
another”.
[4]Schedule 2
[9]
Omit “manager” wherever occurring in
sections 36A (1) (e) and 36B of the Mines Inspection
Act 1901 (as proposed to be inserted by Schedule 2
[9]).
Insert instead “general
manager”.
[5]Schedule 2
[9]
Omit “manager” where firstly
occurring in section 36A (3) of the Mines Inspection
Act 1901 (as proposed to be inserted by Schedule 2
[9]).
Insert instead “general manager or
production manager”.
[6]Schedule 2
[9]
Omit “the manager” where secondly
occurring in section 36A (3) of the Mines Inspection
Act 1901 (as proposed to be inserted by Schedule 2
[9]).
Insert instead “that
person”.
[7]Schedule 2
[9]
Omit “manager” from section 36A (4)
of the Mines Inspection Act
1901 (as proposed to be inserted by Schedule 2
[9]).
Insert instead “general manager or
production manager”.
[8]Schedule 2
[19]
Insert at the end of section 79 of the Mines Inspection Act 1901 (as proposed
to be inserted by Schedule 2 [19]):
In particular, the regulations may make provision
for or with respect to the powers, authorities, duties and functions of
inspectors, investigators and mine safety officers.
Explanatory
note
Certain amendments made by the Mines Inspection Amendment Act 1998 to
the Mines Inspection Act 1901 omitted the
definition of manager of a mine and inserted
definitions of general
manager of a mine and production manager of a
mine.
Consequently, items [3]–[7] of the proposed
amendments replace references to the manager of a mine occurring in sections
36A and 36B (as proposed to be inserted in the Mines Inspection
Act 1901 by Schedule 2 [9] to the Mines Legislation Amendment
(Mines Safety) Act 1998).
Item [8] of the proposed amendments makes it
clear that regulations may be made relating to the powers, authorities, duties
and functions of inspectors, investigators and mine safety officers. This
amendment makes the Mines Inspection Act
1901 (which deals with metalliferous mines) consistent in
this regard with the Coal Mines Regulation Act
1982 (which deals with coal mines), as proposed to be
amended by Schedule 1 [47] to the Mines Legislation Amendment (Mines
Safety) Act 1998.
Item [2] of the proposed amendments clarifies an
incorporation direction.
Item [1] is consequential on the amendments made
to the Coal Mines Regulation Act
1982 elsewhere in this Schedule.
1.27Motor
Vehicle Repairs Act 1980 No 71
[1]The whole
Act
Omit “tradesmen”,
“tradesmen’s”, “Tradesmen’s”,
“tradesman”, “tradesman’s” and
“Tradesman’s” wherever occurring.
Insert instead “tradespeople”,
“tradespeople’s”, “Tradespeople’s”,
“tradesperson”, “tradesperson’s” and
“Tradesperson’s”.
[2]Section 4
Definitions
Insert after the definition of exempted
person in section 4 (1):
exhaust
repairer means a person who repairs exhaust systems on motor
vehicles but does not include a person who repairs any mechanical or
electrical system or circuit or any electronic device associated with, or any
component of the engine of, a motor vehicle.
[3]Section 4 (1), definition of
“radiator repairer”
Insert after the definition of provisional tradesman’s
certificate:
radiator
repairer means a person who repairs the radiators, heating
equipment, thermostats or fuel tanks of motor
vehicles.
[4]Section 4 (1), definition of
“relevant day”
Insert after paragraph (a):
(a1)
in relation to repair work that consists of the
work of an exhaust repairer—30 June 1987,
[5]Section 4 (1), definition of
“relevant day”
Insert before paragraph (b):
(a2)
in relation to repair work that consists of the
work of a radiator repairer—1 April 1992,
[6]Section 4 (1), definition of
“repair work”
Insert after paragraph (c):
(c1)
an exhaust
repairer,
[7]Section 4 (1), definition of
“repair work”
Insert after paragraph (h):
(h1)
a radiator
repairer,
[8]Section 4
(4)
Insert after section 4 (3):
(4)
Despite the definition of radiator
repairer in subsection (1), a person who holds a licence or
tradesperson’s certificate in respect of the class of repair work of a
panel beater, body maker, automotive electrician, motor mechanic or motor
cycle mechanic is not a radiator repairer for the purposes of this Act merely
because, in the course of that repair work, the person may be required to
remove or replace a radiator, heating equipment, a thermostat or a fuel tank
of a motor vehicle.
[9]Schedule 5 Savings and
transitional provisions
Insert after clause 2:
3Provision consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act 1999
Any act, matter or thing done:
(a)
on or after 30 June 1987 in respect of the work
of an exhaust repairer, or
(b)
on or after 1 April 1992 in respect of the work
of a radiator repairer,
that would have been valid if the amendments made by the
Statute Law (Miscellaneous Provisions) Act
1999 to section 4 had been in force at the time that the
act, matter or thing was done is validated.
Explanatory
note
Since 30 June 1987, exhaust repairers have been
prescribed tradesmen for the purposes of the definition of repair
work in section 4 (1) of the Motor Vehicle
Repairs Act 1980. That date should have been, but was not,
prescribed as the relevant day in relation to repair work that consists of the
work of an exhaust repairer.
Items [2], [4] and [6] of the proposed amendments
cure this defect.
Since 1 April 1992, radiator repairers have been
prescribed tradesmen for the purposes of the definition of repair
work in section 4 (1) of the Motor Vehicle
Repairs Act 1980. That date should have been, but was not,
prescribed as the relevant day in relation to repair work that consists of the
work of a radiator repairer.
Items [3], [5], [7] and [8] of the proposed
amendments cure this defect.
Item [9] of the proposed amendments validates
certain acts and other matters.
Item [1] of the proposed amendments replaces
gender-specific language with gender-neutral language.
1.28Murray
Valley Citrus Marketing Act 1989 No
155
Section
8A
Insert after section 8:
8ADelegation by New South Wales
Director
The New South Wales Director may, in writing,
delegate to any person any of the New South Wales Director’s functions
under this Act, other than:
(a)
any function of the Minister delegated to the
Director-General under section 8, or
(b)
this power of
delegation.
Explanatory
note
The Murray Valley
Citrus Marketing Act 1989 makes provision for a joint New
South Wales and Victorian scheme for marketing citrus fruit. The object of the
proposed amendment is to empower the Director-General of the Department of
Agriculture (called the “New South Wales Director” in the Act) to
delegate any of his or her functions under the Act.
1.29Parliamentary Electorates and Elections Act 1912
No 41
[1]Section 3
Definitions
Insert after section 3 (3):
(4)
Notes included in this Act are explanatory notes
and do not form part of this Act.
[2]Section 71 If no Speaker,
Governor to issue writ
Omit the footnote to the section. Insert at the
end of the section:
Note—
Section 31A of the Constitution Act 1902 provides that,
during the absence from New South Wales of the Speaker, the Deputy Speaker of
the Legislative Assembly is to act in his or her place and has and may
exercise and perform all the powers, authorities, duties and functions of the
Speaker, including those functions conferred under this
section.
Explanatory
note
Item [2] of the proposed amendments updates a
reference to the person who is taken to have the powers of the Speaker of the
Legislative Assembly when the Speaker is outside the State. The proposed
amendment is consequential on an amendment to the Constitution Act 1902 made elsewhere in
this Schedule.
Item [1] of the proposed amendments explains the
status of notes in the Act.
1.30Pawnbrokers and Second-hand Dealers Act 1996 No
13
[1]Section 15 Evidence of
identity and title of supplier of goods
Omit “Before” from section 15 (1).
Insert instead “On each occasion before”.
[2]Section 36 Disciplinary action
by Director-General
Omit “Commercial Tribunal” from
section 36 (5).
Insert instead “Fair Trading
Tribunal”.
Explanatory
note
Section 15 of the Pawnbrokers and
Second-hand Dealers Act 1996 provides that, before
accepting any goods offered for sale or pawn, a licensee must obtain evidence
of the identity of the person by whom the goods are being
offered.
Item [1] of the proposed amendments makes it
clear that a licensee is required to obtain evidence of identity from a
customer every time the licensee accepts goods offered for sale or pawn by
that customer.
Item [2] of the proposed amendments updates a
reference to a Tribunal.
1.31Pesticides Act
1978 No 57
[1]Section 7
Appointments
Omit “Minister” wherever occurring in
section 7 (2), (4) and (5).
Insert instead “Environment Protection
Authority”.
[2]Section 16C Refusal to
register
Omit “Workers Compensation and
Rehabilitation Authority” from section 16C (2) (c) (i).
Insert instead “WorkCover
Authority”.
[3]Section 16C (2) (c)
(ii)
Omit “Director of the State Pollution
Control Commission”.
Insert instead “Director-General of the
Environment Protection Authority”.
Explanatory
note
The Pesticides Act
1978 provides for the appointment by the Minister for the
Environment of analysts of pesticides and inspectors of
pesticides.
Item [1] of the proposed amendments provides for
such appointments to be made by the Environment Protection
Authority.
Items [2] and [3] update references to
offices.
1.32Pipelines Act 1967 No
90
Section 61 Creation of
easements in favour of permittees and licensees
Insert at the end of section 61:
(2)
The provisions of section 88A of the Conveyancing Act 1919 apply to and in
respect of easements in favour of a permittee or licensee in the same manner
as they apply to easements in favour of the Crown or of any public or local
authority constituted by Act of Parliament. Section 88A (1B) of the Conveyancing Act 1919 does not apply to
any such easement in favour of a permittee or licensee.
Explanatory
note
Section 61 of the Pipelines Act
1967 provides for the creation of certain easements in
favour of the holders of permits or licences under the Act. Section 88A of the
Conveyancing Act 1919 also provides for
the creation of easements in gross in favour of certain authorities listed in
the section, subject to certain restrictions set out in section 88A
(1B).
The proposed amendment makes it clear that
section 88A of the Conveyancing Act
1919 applies to easements in gross in favour of a
permittee or a licensee under the Pipelines Act
1967 and that section 88A (1B) does not operate so as to
restrict the creation of any such easement.
1.33Police
Offences Act 1901 No 5
[1]Section
1
Omit the section. Insert instead:
1Name of
Act
This Act is the Police (Special
Provisions) Act 1901.
[2]Part 3 Offences in Sydney and
in certain towns only (secs 42–99)
Omit the Part.
[3]Section 113 Appropriation of
penalties recovered under ss 6 and 7
Omit the section.
[4]Second and Third
Schedules
Omit the Schedules.
Explanatory
note
The Police Offences
Act 1901 consolidated various nineteenth-century Acts that
dealt with certain summary offences. Part 3 of that Act contains a number of
offences that are outdated or that are now dealt with in other legislation.
For instance, section 70 provides that a person is liable to pay a maximum
penalty of 4 dollars if, in any street or public place, the person beats or
dusts any carpet or flies any kite.
Items [2] and [4] of the proposed amendments omit
Part 3 and the Second and Third Schedules to the Act, which describe or list
the City, areas and towns to which Part 3 applies.
Item [1] of the proposed amendments changes the
name of the Act, as a consequence of the repeal of the provisions containing
offences.
Item [3] repeals a redundant
provision.
1.34Privacy and Personal Information Protection Act
1998 No 133
[1]Section 53 Internal review by
public sector agencies
Omit “, subject to section 51 (1),”
from section 53 (1).
[2]Schedule 1 Provisions relating
to Privacy Commissioner
Omit clause 2 (3). Insert instead:
(3)
The Privacy Commissioner may be appointed on a
full-time or part-time basis.
[3]Schedule 1, clause
3
Omit “The Privacy
Commissioner”.
Insert instead “A Privacy Commissioner
appointed on a full-time basis”.
[4]Schedule 1, clause 3 (2) and
(3)
Insert at the end of clause 3:
(2)
A Privacy Commissioner appointed on a part-time
basis is entitled to be paid such remuneration (including travelling and
subsistence allowances) as the Minister may from time to time determine in
respect of him or her.
(3)
A person may hold office, and exercise functions,
as Privacy Commissioner (whether full-time or part-time) even though the
person also holds, and exercises the functions of, a judicial office or a
statutory or other public office.
Explanatory
note
Item [1] of the proposed amendments omits a
redundant cross-reference. (The cross-reference referred to clause 51 of the
Privacy and Personal Information Protection Bill
1998. That clause was omitted in the committee stage of
Parliament’s consideration of the Bill. Section 51 of the Act, as
enacted is not relevant to the section proposed to be amended.)
Item [2] of the proposed amendments removes the
requirement that the Privacy Commissioner be appointed on a full-time basis
and provides for either full-time or part-time appointment. The amendment also
inserts a provision that removes any prohibition on a person holding the
office of Privacy Commissioner at the same time as the person holds judicial
or statutory office.
Items [3] and [4] of the proposed amendments make
consequential amendments.
1.35Property, Stock and Business Agents Act 1941 No
28
Section 63E Application of
money for purposes of certain Acts
Insert “, the Residential Tribunal Act 1998 and the
Residential Parks Act 1998” after
“1987” wherever occurring in section 63E
(1).
Explanatory
note
Section 63E of the Property, Stock and Business Agents Act
1941 provides for contributions from the Statutory
Interest Account to be used to pay half the costs of the administration of the
Residential Tenancies Act
1987.
The proposed amendment provides for the costs and
expenses of administering the Residential
Tribunal Act 1998 and the Residential Parks
Act 1998 to be payable out of the Account also. (Until the
commencement of those Acts the matters with which they deal, the constitution
and functions of the Residential Tenancies Tribunal and the regulation of park
owners and residents of residential parks, were dealt with under the Residential Tenancies Act
1987.)
1.36Protection of the
Environment Administration Amendment (Environmental Education) Act
1998 No 167
[1]Schedule 1 Amendment of
Protection of the Environment Administration Act
1991
Omit so much of Schedule 1 [9] as inserts section
28 (8) and (9) into the Protection of the Environment
Administration Act 1991.
[2]Schedule 1
[15]
Omit the item.
Explanatory
note
The proposed amendments omit redundant
(uncommenced) provisions proposed to be inserted into the Protection of the Environment Administration Act
1991, dealing with the election of the Chairperson of the
New South Wales Council on Environmental Education. (The relevant provisions,
proposed section 28 (1) and (2) of, and proposed clause 2 of Schedule 2 to,
the Protection of the Environment Administration Act
1991 provide for the appointment of the Chairperson of the
Council by the Minister for the Environment.)
1.37Protection of the Environment Operations Act
1997 No 156
[1]Section 57 Licence
fees
Insert after section 57 (6):
(7)
Nothing in this section precludes the regulations
from requiring payment of the first or other specified licence fee in respect
of a shorter or longer period than 12 months. In that case, a reference in
this Act to an annual fee is to be construed
accordingly.
[2]Section 79 (5)
(e)
Omit “annual fee”. Insert instead
“annual licence fee”.
[3]Section 80 Surrender of
licence
Insert after section 80 (1):
(1A)
If an application for approval of the surrender
of a licence has been made, the appropriate regulatory authority may, by
notice in writing given to the applicant, require the applicant to supply to
the appropriate regulatory authority such further information as the
appropriate regulatory authority considers necessary and relevant to the
application and specifies in the notice.
[4]Section 80
(2)
Omit the subsection.
[5]Section 84 Date from which
decision operates
Omit section 84 (2) and (3). Insert
instead:
(2)
A decision of the appropriate regulatory
authority to vary, suspend or revoke a licence, or to approve the surrender of
a licence subject to conditions, does not operate:
(a)
until the period within which an appeal under
this Act can be lodged by the appropriate person against the decision has
expired without an appeal being lodged, or
(b)
if such an appeal is lodged within that period by
the appropriate person, until the Land and Environment Court confirms the
decision or the appeal is withdrawn, or
(c)
until the appropriate person notifies the
appropriate regulatory authority in writing that no appeal is to be made
against the decision,
whichever first occurs.
(3)
A decision of the appropriate regulatory
authority to approve the surrender of a licence without any condition operates
from the time the authority notifies the licensee in writing of the
decision.
(4)
In this section:
appropriate person, in relation to a
decision of a regulatory authority, means any person who has a right to appeal
against the decision (see section 287).
[6]Section
99
Omit section 99. Insert instead:
99Commencement of operation of
prevention notice or variation of prevention notice
A prevention notice, or a variation of a
prevention notice, does not operate:
(a)
until the period within which an appeal under
this Act can be lodged against the notice or variation has expired without an
appeal being lodged, or
(b)
if such an appeal is lodged within that period,
until the Land and Environment Court confirms the notice or variation or the
appeal is withdrawn, or
(c)
until the person who has the right to lodge such
an appeal notifies the appropriate regulatory authority in writing that no
appeal is to be made against the notice or
variation,
whichever first occurs.
[7]Section
109A
Insert after section 109:
109ASpecial provision relating to
clean-up and prevention notices and related action
(1)
This section applies if:
(a)
a clean-up notice or prevention notice is issued
under this Chapter, and
(b)
a dispute arises as to whether the body that
issued the notice was the appropriate regulatory authority in respect of the
matter, and
(c)
the body that is in fact the appropriate
regulatory authority is satisfied that the other body acted in good faith in
issuing the notice and confirms the issue of the notice, in writing, to the
person to whom the notice was issued.
(2)
In any such case, the notice is taken to be, and
always to have been, a notice duly issued under this Chapter, and any action
taken in respect of the notice before that confirmation is taken to be, and
always to have been, action duly taken under this
Chapter.
[8]Section 143 Unlawful
transporting of waste
Insert “for that waste” after
“facility” in section 143 (2).
[9]Section 143
(3A)–(3C)
Insert after section 143 (3):
(3A)Defence—approved
notice
It is a defence in any proceedings for an offence
under this section if the defendant establishes that:
(a)
an approved notice was, at the time of the
alleged offence, given to the defendant by the owner or occupier of the place
to which the waste was transported or was displayed at the place,
and
(b)
the approved notice stated that the place could
lawfully be used as a waste facility for the waste, and
(c)
the defendant had no reason to believe that the
place could not lawfully be used as a waste facility for the
waste.
(3B)
However, it is not a defence in such proceedings
for the defendant to establish that the defendant relied on the advice (other
than advice in the form of an approved notice) given by the owner or occupier
concerned to the effect that the place could, at the time of the alleged
offence, be lawfully used as such a waste facility.
(3C)Defence—waste not
deposited
It is a defence in any proceedings for an offence
under this section if the defendant establishes that the waste transported by
the defendant was not deposited by the defendant or any other person at the
place to which it was transported.
[10]Section 143
(4)
Insert in alphabetical order:
approved
notice means a notice, in a form approved by the EPA:
(a)
stating that the place to which the notice
relates can lawfully be used as a waste facility for the waste specified in
the notice, and
(b)
that contains a certification by the owner or
occupier of the place that the statement is
correct.
[11]Section 144
(2)
Omit “place to which the waste was
transported”.
Insert instead “land
concerned”.
[12]Section 186 Extension of
Chapter to other environment protection legislation
Omit “any Act or regulation repealed by
this Act” from section 186 (c).
Insert instead “any repealed provision of
any Act or regulation amended or repealed by this
Act”.
[13]Section
212A
Insert after section 212:
212ARevocation or
variation
(1)
A notice given under this Chapter may be revoked
or varied by a subsequent notice or notices.
(2)
A notice may be varied by modification of, or
addition to, its terms and specifications.
(3)
Without limiting the above, a notice may be
varied by extending the time for complying with the
notice.
(4)
A notice may only be revoked or varied by the
authority or person that gave it.
[14]Schedule 2 Regulation-making
powers
Insert “(including requirements with
respect to the emission of excessive air impurities, the fitting and operation
of pollution control devices and the use of fuels)” after
“regulations” in clause 4 (4).
[15]Schedule 4 Amendment of other
Acts
Omit Schedule 4.1 [3]. Insert instead:
[3]Schedule 6 Savings,
transitional and other provisions
Omit “Clean Waters Act
1970” from clause 12 (1).
Insert instead “Protection of the Environment Operations Act
1997”.
[16]Schedule 5 Savings,
transitional and other provisions
Insert at the end of clause 10:
In this clause, a reference to a repealed Act or
regulation includes a reference to a repealed provision of an Act or
regulation.
[17]Dictionary, definition of
“non-scheduled activity”
Insert “and is not scheduled development
work” after “scheduled activity”.
Explanatory
note
Licence
fees
Section 57 of the Protection of the
Environment Operations Act 1997 requires the holder of a
licence to pay an annual licence fee. Under load-based licensing the payment
of the fee requires associated monitoring and reports with respect to the
licence fee period. Under the Act the licensee may hold different licences for
different activities at the same premises or different licences for the same
activity at different premises and, accordingly, the licensee may hold
licences with different licensing fee periods.
Item [1] of the proposed amendments is intended
to avoid administrative inconvenience for the licensee and the regulatory
authority by putting beyond doubt the power under the regulations to provide
for the first or other licence fees to be payable for a period other than 12
months so as to enable a licensee who has a number of different licences to
pay licence fees (and provide associated monitoring and reports) in respect of
the same period.
Requirement for further
information regarding the surrender of a licence
Section 80 of the Act provides for the surrender
of a licence, with the approval of an appropriate regulatory authority. The
regulatory authority may impose conditions on the surrender (which may include
responsibilities for pollution control to which the licence was subject before
surrender and which may continue to be necessary for a period after
surrender). The authority may require the licensee to provide relevant
information to enable a decision to be made as to whether any such conditions
should be continued or other conditions imposed on surrender.
Item [3] of the proposed amendments empowers an
appropriate regulatory authority to require information to support the
application for surrender in the same way as it is currently authorised to
require further information from an applicant for the issue, transfer or
variation of a licence.
Date from which decision
operates
The Act currently does not contain uniform
provisions as to the date from which certain decisions of a regulatory
authority operate. Items [4] and [5] make those provisions uniform, by
providing that a decision to vary, suspend or revoke a licence, or to approve
the surrender of a licence subject to conditions, does not take effect until
the first of the following happens:
(a)
if no appeal is lodged within the appeal
period—the appeal period expires (this currently does not apply to the
approval of the surrender of a licence subject to
conditions),
(b)
if an appeal is lodged—the Land and
Environment Court confirms the decision or the appeal is withdrawn (this
currently does not apply to the approval of the surrender of a licence subject
to conditions),
(c)
the licensee waives the appeal right (this
currently only applies in the case of variations of
licences).
Date when variation of
prevention notice takes effect
Section 99 of the Act sets out when a notice to
take specified preventive action (a prevention notice) takes effect. Section
110 of the Act provides for the variation of prevention
notices.
Item [6] of the proposed amendments extends
section 99 to the variation of prevention notices so that uniform provision is
made as to the date that the issue or variation of a prevention notice takes
effect.
Special provision relating to
validity of clean-up and prevention notices
Chapter 4 of the Act makes provision for the
issue of clean-up notices for pollution incidents and prevention notices to
prevent activities being carried on in an environmentally unsatisfactory
manner. The appropriate regulatory authority that may issue the notice depends
on whether the activity to which the notice relates is or is not a scheduled
activity. In some instances (such as waste activities) that decision depends
on the nature of the substance and the level at which the activity is being
carried on. Where action is required to be taken urgently to deal with a
pollution incident or matter it may not be possible for an authority to
determine conclusively in the time available whether or not the activity is a
scheduled activity and therefore whether or not it is authorised to issue the
notice.
Item [7] of the proposed amendments inserts
proposed section 109A into the Act to enable a clean-up notice or prevention
notice that is issued in good faith and in respect of which a dispute arises
to be confirmed by the authority that is in fact the appropriate regulatory
authority. After a notice is confirmed, action already taken will be valid and
any future action with respect to the notice would be taken by the authority
that is ultimately determined to be the appropriate regulatory
authority.
Defences to offence of
transporting waste to place where it cannot be lawfully
deposited
Section 143 of the Act makes it an offence to
transport waste to places where it cannot be lawfully
deposited.
Item [9] of the proposed amendments inserts
defences with respect to the offence in similar terms inserted last year by
amendment to the existing provision that deals with this offence but which
will be replaced by the offence in section 143 when the Act
commences—see Act No 155 of 1998.
Item [10] makes a consequential
amendment.
Investigative
powers—offences under repealed Acts
Section 186 of the Act provides that the
investigative powers under the Act may be exercised in respect of offences
committed before the commencement of the Act under Acts and regulations
repealed by the Act.
Item [12] amends section 186 to make it clear
that the extension of those powers applies to offences committed under
repealed provisions of an Act or regulation to deal with those cases in which
the Act only repealed a part of an Act and not the whole
Act.
Notices requiring information
or records—application, revocation and variation
The investigative powers under the Act enable
notices to be given requiring information or records.
Item [13] inserts proposed section 212A into the
Act to ensure that notices issued to persons under Chapter 7 (Investigation)
may be revoked or varied by subsequent notices. Similar provisions apply under
sections 109 and 110 of the Act in respect of environment protection
notices.
Regulation-making
power—use of vehicles
Schedule 2 to the Act contains specific
regulation-making powers relating to prohibiting or regulating the sale, use
or operation of vehicles not complying with the Act or regulations. The Act
and regulations contain provisions relating to vehicles emitting excessive air
impurities, the fitting of anti-pollution devices on vehicles and the use of
unleaded petrol in vehicles. A number of offences contained in the Clean Air Act
1961, which is to be repealed by the Act, that relate to
the use or operation of vehicles contrary to those provisions, have been
transferred to the regulations. The provisions were transferred under the
specific regulation-making powers in the Act and under the special power in
clause 11 of Schedule 5 to the Act that authorises transitional regulations
for up to 3 years on any matter regulated under a repealed Act.
Item [14] amends the specific regulation-making
powers in Schedule 2 so that transferred provisions relating to motor vehicles
are clearly authorised and need not rely on the special transitional
provision.
Criminal and other
proceedings—offences under repealed Acts
Clause 10 of Schedule 5 to the Act provides that
regulations may be made to apply the provisions of Chapter 8 of the Act
relating to criminal and other proceedings to continuing proceedings under Act
or regulations repealed by the Act.
Item [16] amends clause 10 to make it clear that
the power to make regulations to extend those provisions applies to
proceedings under repealed provisions of an Act or regulation to deal with
those cases in which the Act only repealed a part of an Act and not the whole
Act.
Definition of
“non-scheduled activity”
The Dictionary to the Act defines non-scheduled activity as an
activity that is not a scheduled activity, and which therefore is not required
to be licensed. Scheduled activities and scheduled development work which is
carried out to enable scheduled activities to be carried on require a licence
from the EPA.
Item [17] amends the definition to make it clear
that scheduled development work carried out to enable scheduled activities to
be carried on is also excluded from the definition so that the work concerned
remains the responsibility of the EPA as the appropriate regulatory
authority.
Minor statute law
revision
Items [2] and [8] of the proposed amendments
insert omitted words.
Item [11] omits some unnecessary words in section
144 (2) of the Act.
Item [15] corrects an incorporating
direction.
1.38Radiation Control Act 1990 No
13
Section 25 Proceedings for
offences
Insert after section 25 (4):
(5)
Proceedings for an offence under this Act or the
regulations may be commenced within but not later than 12 months after the
date on which the offence is alleged to have been
committed.
Explanatory
note
Section 25 of the Radiation Control
Act 1990 makes provision for the conduct of proceedings
for offences under the Act and the regulations made under the Act. Proceedings
can be commenced in a Local Court or in the Supreme Court. Proceedings are
generally commenced in a Local Court and, by virtue of section 56 of the
Justices Act 1902, such proceedings may
be commenced at any time within 6 months of the date of the alleged
offence.
The proposed amendment provides for proceedings
to be commenced no later than 12 months after the date on which the relevant
offence is alleged to have been committed.
1.39Real
Property Act 1900 No 25
[1]Section 46C Registrar-General
may register as proprietor person who is entitled to land by operation of
statute
Insert “(made in the approved form)”
after “request” in section 46C (1).
[2]Section 74JA Lapse of caveat
regarding extinguishment of restrictive covenant
Omit “serve” from section 74JA (2).
Insert instead “prepare for service”.
[3]Section 74JA
(3)
Omit “such an
application”.
Insert instead “an application under this
section for preparation of a notice”.
[4]Section 74JA
(3)
Insert “to the extent provided by that
subsection” after “lapse”.
[5]Section 74K Power of Supreme
Court to extend operation of a caveat lodged under section
74F
Omit “burdened by the restrictive
covenant” from section 74K (6) (a).
Insert instead “to which the benefit of the
restrictive covenant is appurtenant”.
[6]Section 81C Registrar-General
must reject invalid application without further
consideration
Insert “materials” after
“building” in section 81C (1) (a).
Explanatory
note
Section 46C of the Real
Property Act 1900 empowers the Registrar-General to record
a change in ownership of real property resulting from a statutory
vesting.
Item [1] of the proposed amendments requires any
request for such a change to be made in the approved form.
Part 8A of the Act provides for the making of an
application to extinguish a restrictive covenant and for the lodging of a
caveat to prohibit the grant of such an application. Section 74JA of the Act
provides that a person may apply to have the Registrar-General serve a lapsing
notice on a caveator, to the effect that, unless the caveator obtains an order
of the Supreme Court and lodges it with the Registrar-General before the
expiry of 21 days after the date on which the notice is served, the caveat
will lapse and the restrictive covenant will be extinguished.
Items [2]–[4] of the proposed amendments
amend section 74JA to clarify the procedure for the lapsing of
caveats.
Item [2] provides for the Registrar-General to
merely prepare such a notice for service, rather than to actually serve
it.
Item [3] clarifies a reference to an
application.
Item [4] provides that the caveat will lapse only
to the extent to which it would prohibit the extinguishment of the restrictive
covenant.
Item [5] corrects an error in the description of
a caveator who has a claim of substance in relation to a restrictive
covenant.
Item [6] inserts an omitted
word.
1.40Registration of Interests in Goods Act 1986 No
37
Section 11 Funding
arrangements
Insert after section 11 (5) (b):
(b1)
any amount authorised by the head of the
Department of Fair Trading, with the consent of the Minister, to be paid out
of the account in payment of any costs and expenses incurred in the
administration of this Act within that Department,
and
Explanatory
note
Section 11 of the Registration of
Interests in Goods Act 1986 establishes an account, called
the Registration of Interests in Goods Account, into which are paid fees and
charges paid under the Act and certain other amounts.
The proposed amendment provides for the payment
out of the account of any amount necessary to meet the cost of administering
the Act.
1.41Residential Parks Act 1998 No
142
[1]Section 3
Definitions
Omit the definition of Park
Disputes Committee where secondly occurring in section 3
(1).
[2]Section 27 Alterations and
additions to moveable dwellings that belong to resident
Omit “or the Environmental Planning and Assessment Act
1979,” from section 27 (5).
Insert instead “the Environmental Planning and Assessment Act
1979 or”.
[3]Section 110 Notice of
termination where agreement frustrated
(cf RT Act s 60)
Insert “(other than a residential site
agreement)” after “agreement” where firstly occurring in
section 110 (1).
[4]Section 140 Power of
investigator to obtain information, documents and
evidence
(cf RT Act s 119B)
Insert after section 140 (3):
Maximum penalty: 5 penalty
units.
[5]Schedule 2 Amendment of
Residential Tenancies Act
1987
Omit Schedule 2 [24].
[6]Schedule 3 Amendment of other
Acts
Omit “section 91 (3)” from Schedule
3.4 [2]. Insert instead “section 91 (4)”.
[7]Schedule 3.4
[2]
Omit so much of the item as inserts Schedule 4.4A
[4] and [5] in the Residential Tribunal Act
1998.
Explanatory
note
Item [1] of the proposed amendments omits a
duplicated definition.
Item [2] corrects a grammatical
error.
Item [3] clarifies the application of a provision
that is within Division 3 of Part 12 of the Act (which sets out the grounds
for termination of a residential tenancy agreement that is not a residential
site agreement).
Item [4] provides for a penalty for offences
relating to the exercise of the power of an investigator to obtain
information, documents and evidence. (The analogous offences in section 119B
(3) of the Residential Tenancies Act
1987, on which section 140 of the Residential Parks Act 1998 is based, are
punishable by a maximum penalty of 5 penalty units).
Items [5] and [7] omit amendments that were made
redundant by the enactment of the Residential
Tribunal Act 1998, which was before Parliament at the same
time as the Residential Parks Act
1998.
Item [6] corrects an incorporation
direction.
1.42Residential Tribunal Act 1998 No
168
[1]Section 27 Procedure of
Tribunal generally
Omit section 27 (6).
[2]Section 48
Costs
Omit “section 33 (3) (c)” from
section 48 (3) (a). Insert instead “section 33
(3)”.
[3]Section 74 Extensions of
time
Omit “this Act” where secondly
occurring in section 74 (1).
Insert instead “this Act or any other Act
under which the Tribunal derives jurisdiction”.
[4]Schedule 4 Amendment of
certain Acts
Omit “section 3” from Schedule 4.3
[1]. Insert instead “section 4”.
[5]Schedule 4.5
[6]
Omit the item. Insert instead:
[6]Sections 83 (1) and (2) and
84
Omit the subsections and
section.
[6]Schedule 4.6
[2]
Omit “section 4”. Insert instead
“section 3”.
[7]Schedule 5 Savings,
transitional and other provisions
Insert after clause 6:
7Validation of certain
regulation
The Residential
Tribunal Regulation 1999 is validated to the extent of any
invalidity and is taken to be valid from the date on which it commenced or
purported to commence.
Explanatory
note
Extensions of
time
Section 74 of the Residential
Tribunal Act 1998 provides for the Residential Tribunal to
extend the period of time for the doing of anything under the
Act.
Item [3] of the proposed amendments provides for
the Tribunal to extend the period of time for doing things under any other Act
under which the Tribunal derives jurisdiction.
Item [1] omits a duplicated provision regarding
extensions of time.
Jurisdictions and functions of
Tribunal
Item [5] of the proposed amendment re-instates
section 83 (3) of the Residential Tenancies Act
1987, which gives the Residential Tribunal jurisdiction in
respect of a claim by a landlord or a tenant under a residential tenancy
agreement in respect of a rental bond.
Validation of
regulation
Item [7] validates, to the extent of any
invalidity, the Residential Tribunal Regulation
1999.
Statute law
revision
Item [2] of the proposed amendments omits a
redundant cross-reference.
Items [4] and [6] correct incorporating
directions.
1.43Retail
Leases Act 1994 No 46
[1]Section 63
Interpretation
Insert in alphabetical order in section 63
(1):
party or former
party to a retail shop lease or former retail shop lease
includes a person who is a guarantor or covenantor under a lease or former
lease.
[2]Section 66 Mediation of
disputes and other matters
Omit “Either or both” from section 66
(1). Insert instead “Any or all”.
[3]Section 70
Definitions
Insert after paragraph (a) (iii) of the
definition of retail
tenancy claim:
(iv)
a claim for the surrender of possession of
specified premises,
(v)
a claim for assignment of rights under a lease or
for a declaration that a lessor is not entitled to withhold consent to an
assignment of the rights of a lessee,
(vi)
a claim for relief against
forfeiture,
(vii)
a claim regarding the rectification of the
lease,
(viii)
a claim regarding the invalidity of a lease for
inconsistency with this Act or the regulations,
(ix)
a claim for a declaration of the rights,
obligations and liabilities of the parties under a lease,
(x)
without limiting the generality of subparagraph
(i), a claim for compensation under section 10,
[4]Section 71 Lodging of retail
tenancy claims with Tribunal
Omit section 71 (3).
[5]Schedule 3 Savings and
transitional provisions
Insert at the end of clause 10:
(2)
Despite subclause (1), the amendments made to
Part 8 extend to apply in relation to:
(a)
a retail shop lease or former lease that was
entered into before the commencement of the amendments to Part 8, or under an
option granted or agreement made before that commencement,
and
(b)
a dispute that arose before the commencement of
the amendments to Part 8 or that concerns a liability or obligation that arose
before that commencement.
Explanatory
note
Dispute
resolution
Part 8 of the Act deals with the resolution of
retail tenancy disputes.
Item [1] of the proposed amendments provides
that, in Part 8, a reference to a party or former party to a retail shop lease
or former retail shop lease includes a person who is a guarantor or covenantor
under a lease or former lease.
Items [2] and [4] make consequential
amendments.
Item [3] extends the definition of retail
tenancy claim in section 70 of the Act so that it parallels
the power of the Administrative Decisions Tribunal to make orders in relation
to a retail tenancy claim.
Application of 1998
amendments
Item [5] puts it beyond doubt that the amendments
to the Act that confer jurisdiction on the Administrative Decisions Tribunal
(made by the Retail Leases Amendment Act
1998) apply to leases that existed before the commencement
of the amendments.
1.44Rural
Fires Act 1997 No 65
[1]Section 17 Disbandment of
rural fire brigades
Omit “hearing” from section 17 (5).
Insert instead “considering”.
[2]Section 47 Membership and
procedure of Bush Fire Co-ordinating Committee
Omit “12” from section 47 (1). Insert
instead “13”.
[3]Section 47 (1)
(m)
Insert after section 47 (1) (l):
(m)
an officer of the Department of Land and Water
Conservation nominated by the Director-General of the Department of Land and
Water Conservation.
[4]Dictionary
Omit paragraph (b) (iii) from the definition of
owner of land in the
Dictionary.
Insert instead:
(iii)
in the case of land that is the subject of a
strata scheme under the Strata Schemes (Freehold Development)
Act 1973 or a leasehold strata scheme under the Strata Schemes (Leasehold Development) Act
1986, the owners corporation under that scheme,
and
Explanatory
note
Section 17 of the Rural Fires Act
1997 provides that a rural fire brigade may be disbanded
at any time by the person or body who formed it. Section 17 (3) creates a
right to appeal in writing to the Minister against a decision to disband a
brigade. Section 17 does not make any provision for the conduct of a formal
hearing into an appeal. However, section 17 (5) provides for the Minister to
confirm the disbandment or withdraw the notice “after hearing the
appeal”.
Item [1] of the proposed amendments makes it
clear that the Minister is not required to hold a formal hearing into an
appeal.
Items [2] and [3] of the proposed amendments
provide for the Director-General of the Department of Land and Water
Conservation to nominate an officer of his or her Department to be a member of
the Bush Fire Co-ordinating Committee.
Item [4] of the proposed amendments updates
references to certain Acts.
1.45Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
[1]Schedule 1 Public
Offices
Omit “Privacy Commissioner”. Insert
instead:
Full-time Privacy
Commissioner
[2]Schedule 2 Public
Offices
Omit “President of the Anti-Discrimination
Board”. Insert instead:
Full-time President of the Anti-Discrimination
Board
Explanatory
note
The proposed amendments are consequential on the
amendments to the Anti-Discrimination Act
1977 and the Privacy and
Personal Information Protection Act 1998, made elsewhere
in this Schedule. Those amendments provide for the President of the
Anti-Discrimination Board and the Privacy Commissioner to be appointed on
either a full-time or a part-time basis.
1.46Strata
Schemes (Freehold Development) Act 1973 No
68
[1]Section 8 Registration of
strata plans
Omit section 8 (4B)–(4D). Insert
instead:
(4B)
A plan intended to be registered as a strata plan
must indicate in the relevant panel of the approved form:
(a)
that specified model by-laws prescribed by the
regulations made under the Strata Schemes
Management Act 1996 are proposed to be adopted for the
strata scheme and, if those model by-laws contain one or more alternative
versions of any by-law, that the specified version of that by-law is proposed
to be adopted, or
(b)
that other specified by-laws are proposed to be
adopted for the scheme.
(4C)
If a strata plan indicates that by-laws other
than the model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are
proposed to be adopted for the strata scheme, the plan must be accompanied by
the by-laws specified. The by-laws must be in the form approved under the
Real Property Act 1900 and must be
signed by the persons required to sign the strata plan under section 16
(1).
(4D)
The proposed by-laws for a strata scheme have no
effect until the strata plan (and any proposed by-laws that are required to
accompany it) are registered. However, registration does not operate to give
effect to by-laws that have not been lawfully made.
[2]Section 19 Acquisition of
additional common property
Omit “or, in the case of a transfer of a
lease or sub-lease, the registered lease referred to in the transfer or
sub-lease” from section 19 (3) (a) (i).
Explanatory
note
By-laws for a strata
scheme
Section 8 of the Strata Schemes
(Freehold Development) Act 1973 requires that when a
strata plan is submitted for registration it must be accompanied by the
proposed by-laws for the strata scheme.
Section 43 (3) of the Strata
Schemes Management Act 1996 provides for the regulations
to prescribe model by-laws which may be adopted as the by-laws for a strata
scheme. As with all regulations, those model by-laws would be published in the
Gazette and would therefore be publicly available without the need to search
the Register kept by the Registrar-General.
Item [1] of the proposed amendments provides that
when any of the model by-laws are adopted as the by-laws for a strata scheme
they are not required to accompany a strata plan lodged for registration. The
strata plan is simply required to indicate that specified model by-laws have
been adopted.
The amendments made to the Strata
Schemes Management Act 1996 elsewhere in this Schedule
make it clear that when model by-laws have been adopted and noted on the
registered strata plan those by-laws, as in force from time to time, are the
by-laws for the strata scheme.
Acquisition of additional
common property
Section 19 (3) (a) (i) of the Strata Schemes (Freehold Development) Act
1973 requires a registered lease to be produced along with
any transfer or sublease of it. It is no longer the practice of the
Registrar-General to require an original lease to be produced where there are
subsequent dealings with the leasehold estate, such as a transfer or
sublease.
Item [2] of the proposed amendments removes the
obligation to produce the registered lease in the case of a transfer of a
lease or in the case of a sublease.
1.47Strata
Schemes (Leasehold Development) Act 1986 No
219
Section 7 Registration of
strata plans
(1973 Act, s 8)
Omit section 7 (2CB)–(2CD). Insert
instead:
(2CB)
A plan intended to be registered as a strata plan
must indicate in the relevant panel of the approved form:
(a)
that specified model by-laws prescribed by the
regulations made under the Strata Schemes
Management Act 1996 are proposed to be adopted for the
strata scheme and, if those model by-laws contain one or more alternative
versions of any by-law, that the specified version of that by-law is proposed
to be adopted, or
(b)
that other specified by-laws are proposed to be
adopted for the scheme.
(2CC)
If a strata plan indicates that by-laws other
than the model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are
proposed to be adopted for the strata scheme, the plan must be accompanied by
the by-laws specified. The by-laws must be in the form approved under the
Real Property Act 1900 and must be
signed by the persons required to sign the strata plan under section 19
(1).
(2CD)
The proposed by-laws for a strata scheme have no
effect until the strata plan (and any proposed by-laws that are required to
accompany it) are registered. However, registration does not operate to give
effect to by-laws that have not been lawfully made.
Explanatory
note
Section 7 (2CB) of the Strata
Schemes (Leasehold Development) Act 1986 requires that
when a strata plan is submitted for registration it must be accompanied by the
proposed by-laws for the strata scheme.
Section 43 (3) of the Strata
Schemes Management Act 1996 provides for the regulations
to prescribe model by-laws which may be adopted as the by-laws for a strata
scheme. As with all regulations, those model by-laws would be published in the
Gazette and would therefore be publicly available without the need to search
the Register kept by the Registrar-General.
The proposed amendment provides that when any of
the model by-laws are adopted as the by-laws for a strata scheme they are not
required to accompany a strata plan lodged for registration. The strata plan
is simply required to indicate that specified model by-laws have been
adopted.
The amendments made to the Strata
Schemes Management Act 1996 elsewhere in this Schedule
make it clear that when model by-laws have been adopted and noted on the
registered strata plan those by-laws, as in force from time to time, are the
by-laws for the strata scheme.
1.48Strata
Schemes Management Act 1996 No 138
[1]Chapter 2, Part 5
By-laws
Insert “adopt model by-laws or” after
“chooses,” in the Introductory note to the
Part.
[2]Section 41 What by-laws apply
to new strata schemes?
Omit section 41 (2) (but not the note to section
41). Insert instead:
(2)
The by-laws in force for a strata scheme are the
by-laws adopted by or lodged with the strata plan registered by the
Registrar-General for the strata scheme, as in force at the date of lodgment,
subject to any amendment, repeal or addition recorded by the Registrar-General
under section 48.
[3]Section 222 Proceedings before
Board
Insert at the end of section 222:
(2)
For the purposes of subsection (1) (a), the
jurisdictional limits imposed on the Residential Tribunal by section 85 (3) of
the Residential Tenancies Act 1987 do not
apply to proceedings before the Board.
(3)
In this section, a reference to proceedings
includes a reference to the whole of proceedings, from the time an application
is made to the Board until the application has been finally
determined.
Explanatory
note
By-laws
Part 5 of Chapter 2 of the Strata
Schemes Management Act 1996 deals with by-laws for a
strata scheme, governing such things as the behaviour of residents of the
scheme and the use of common property.
Section 8 of the Strata Schemes
(Freehold Development) Act 1973 and section 7 of the
Strata Schemes (Leasehold Development) Act
1986 require that when a strata plan is submitted for
registration it must be accompanied by the proposed by-laws for the strata
scheme. Those by-laws are registered with the strata plan and could therefore
be made available by the Registrar-General to any interested person. Section
41 of the Strata Schemes Management Act
1996 provides that the by-laws registered by the
Registrar-General for a strata scheme are the by-laws in force for the strata
scheme.
Section 43 (3) of the Strata
Schemes Management Act 1996 provides for the regulations
to prescribe model by-laws which may be adopted as the by-laws for a strata
scheme. As with all regulations, those model by-laws would be published in the
Gazette and would therefore be publicly available without the need to search
the Register kept by the Registrar-General.
Section 8 of the Strata Schemes
(Freehold Development) Act 1973 and section 7 of the
Strata Schemes (Leasehold Development) Act
1986 are amended elsewhere in this Schedule to provide
that when any of the model by-laws are adopted as the by-laws for a strata
scheme they do not need to be registered with the strata plan. The strata plan
is simply required to indicate that specified model by-laws have been
adopted.
Items [1] and [2] of the proposed amendments to
the Strata Schemes Management Act 1996 make
it clear that when model by-laws have been adopted and noted on the registered
strata plan those by-laws, as in force on the date on which the strata plan
was lodged for registration, are the by-laws for the strata
scheme.
Proceedings before
Board
Section 222 of the Act provides that proceedings
before the Strata Schemes Board are to be similar to proceedings applying in
respect of the Residential Tribunal.
Item [3] of the proposed amendments makes it
clear that the jurisdictional limit on the orders that can be made by the
Residential Tribunal does not limit the orders that can be made by the Strata
Schemes Board and that a reference to “proceedings before the
Board” is not limited to the actual hearing of matters by the
Board.
1.49Subordinate Legislation Act 1989 No
146
[1]Section 10 Staged repeal of
statutory rules
Insert after section 10 (7):
(8)
Despite subsection (1), the Recreation Vehicles
(General) Regulation 1985 is repealed on 1 October
1999.
[2]Section 11 Postponement of
repeal in specific cases
Omit “section 10 (3)–(7)” from
section 11 (6).
Insert instead “section 10
(3)–(8)”.
Explanatory
note
Part 3 of the Subordinate
Legislation Act 1989 provides for the staged repeal of
statutory rules. Section 10 sets out the dates on which statutory rules are
repealed and section 11 provides for the postponement of repeal in specific
cases.
Item [1] of the proposed amendments extends until
1 October 1999 the repeal of the Recreation Vehicles (General)
Regulation 1985, which is due for staged repeal on 1
September 1999. Section 11 (3) of the Act has the effect that no further
postponement is otherwise available.
Item [2] of the proposed amendments makes a
consequential amendment.
1.50Superannuation Act 1916 No
28
[1]Section 1A Closure of Scheme
to persons employed on or after 1.7.1985
Omit “or” where secondly occurring in
section 1A (3) (c).
[2]Section 32C Refund or minimum
benefit in certain cases where spouse dies
Insert at the end of the section:
(2)
If an employee dies before retirement leaving a
surviving spouse, and the surviving spouse dies, and there is no child of the
employee or of the spouse in respect of whom pension is payable under this
Act, there is payable to the employee’s personal representative or,
where the employee has no personal representatives, to such person as STC may
determine, an amount calculated by deducting from the minimum benefit payable
in respect of the employee the total of all benefits paid as a consequence of
the death of the employee to the spouse or any other person under this Act
(including any instalments of pension).
(3)
In a case to which subsection (1) applies, STC
may, if it considers it to be in the best interests of the child or children,
make a payment in accordance with subsection (2) as if there were no child or
children of the deceased, in which case no pension is payable under this Act
in respect of the child or children and no amount is payable under subsection
(1).
(4)
For the purposes of this section, the minimum
benefit payable in respect of an employee is the amount that would have been
payable if the employee had resigned, immediately before dying, from the
service of the employee’s employer and elected under section 38B to take
the benefit of section 38A.
[3]Section 33A Variation of
pension in certain circumstances
Omit “, subject to subsections (3) and
(4),” from section 33A (2).
[4]Schedule 25 Savings and
transitional provisions
Omit the definition of appointed day from clause 17. Insert
instead:
appointed
day means 1 March 1999, the day on which Schedule 2.5 [16]
to the amending Act commenced.
Explanatory
note
Section 31A of the Superannuation Act 1916 (as proposed to
be inserted by the Superannuation Legislation Further Amendment Act
1998) provides for the payment of a minimum benefit in the
case of a pensioner who dies. The minimum benefit is the amount to which the
pensioner would have been entitled under section 38A of the Act, if he or she
had elected to take the benefit of that section on ceasing to be employed,
less any amounts of pension or other benefits paid to or in respect of the
pensioner under the Act. The minimum benefit is payable if the pensioner dies
without leaving a surviving spouse or child to whom a pension is payable under
the Act or if the surviving spouse of the pensioner also dies (without having
first exhausted the minimum benefit payable in respect of the
pensioner).
Section 32A provides that, if an employee dies
before retirement leaving a surviving spouse, and no children in respect of
whom pension is payable under the Act, the spouse is, on commutation of that
pension, entitled to at least a minimum benefit (being the section 38A benefit
less any benefits already paid to or in respect of the
pensioner).
Item [2] of the proposed amendment provides for a
minimum benefit to be paid in respect of an employee who dies before
retirement if the surviving spouse of the employee also dies (without having
first exhausted the minimum benefit payable in respect of the
employee).
Item [1] of the proposed amendments omits a
redundant word.
Item [3] omits a redundant
cross-reference.
Item [4] corrects a cross-reference (and
specifies a proclaimed day).
1.51Superannuation Legislation
Further Amendment Act 1998 No 144
[1]Schedule 2 Miscellaneous
amendments
Omit “section 63 (1)” from Schedule
2.1 [11]. Insert instead “section 63 (2)”.
[2]Schedule 2.1
[25]
Insert “and being an amount that is not
less than the monetary remuneration payable to the member at the time of the
nomination, or the maximum contribution base, within the meaning of the
Superannuation Guarantee (Administration) Act
1992 of the Commonwealth, applicable at that time,
whichever is the lower” at the end of paragraph (b) of the definition of
salary or
wages as proposed to be inserted in the Dictionary to the
First State Superannuation Act 1992 by
the item.
Explanatory
note
Item [1] of the proposed amendments corrects an
incorporating direction.
Item [2] of the proposed amendment is
consequential on the proposed amendment to section 9 of the First State Superannuation Act 1992,
made elsewhere in this Schedule, which provides that the amount nominated as
salary on an election cannot be less than the monetary remuneration payable to
the member at the time of the nomination or the superannuation guarantee base
or the maximum contribution base under the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth, whichever
is the lower.
Schedule 2Amendments by way of statute
law revision
(Section 3)
2.1Agricultural Livestock (Disease Control Funding) Act
1998 No 139
Section 7 Standing Disease
Control Advisory Committee
Omit “compromise” from section 7 (2).
Insert instead “comprise”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.2Charles Sturt University
Amendment Act 1998 No 117
Schedule 1
Amendments
Insert “and Schedule 4” after
“9” in Schedule 1 [1].
Explanatory
note
The proposed amendment corrects an incorporation
direction.
2.3Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
Section 6 Sale or public
exhibition of unclassified, RC or X films prohibited
Omit the note to the
section.
Explanatory
note
The proposed amendment omits a note that refers
to the value of a penalty unit when the Act was enacted. (The value of a
penalty unit has since been increased.)
2.4Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
Section 19 Time for completion
of assessment
Omit “specifed” from section 19 (3).
Insert instead “specified”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.5Companion Animals Act 1998 No
87
Section 23 Disqualification
from owning dog
Omit “(a) an offence” where secondly
occurring in section 23 (1).
Insert instead “(b) an
offence”.
Explanatory
note
The proposed amendment renumbers a
paragraph.
2.6Consumer Credit (New South Wales) Act 1995 No
7
Section 8 Conferral of
judicial functions
Omit “Commercial Tribunal” wherever
occurring in section 8 (1) (b) and (2).
Insert instead “Fair Trading
Tribunal”.
Explanatory
note
The proposed amendment updates references to a
Tribunal.
2.7Conveyancers Licensing Act 1995 No
57
Section 5 Disqualified
persons
Omit “Commercial Tribunal” from
section 5 (3).
Insert instead “Administrative Decisions
Tribunal”.
Explanatory
note
The proposed amendment updates a reference to a
Tribunal. (The Administrative Decisions Tribunal Legislation Amendment Act
1998 conferred jurisdiction to review decisions under the
Conveyancers Licensing Act 1995 on the
Administrative Decisions Tribunal. The proposed amendment updates a reference
to the exercise of this jurisdiction.)
2.8Co-operatives Act 1992 No
18
[1]Section 294 Co-operative to
keep register
Omit “is” from section 294 (1).
Insert instead “are”.
[2]Section 311A Disclosure
statement required
(cf Vic Act s 301)
Omit “has” from section 311A (1).
Insert instead “have”.
[3]Schedule 4 Receivers, and
other controllers, of property of co-operatives
Omit “subclauses” from clause 14 (7)
(a). Insert instead “subclause”.
Explanatory
note
The proposed amendments correct grammatical
errors.
2.9Crimes
at Sea Act 1998 No 173
[1]Schedule 1, clause 1
Definitions
Omit “means the area outside the limits of
the State described in Part 6 of this scheme as adjacent to the State”
from the definition of adjacent
area in clause 1 (1).
Insert instead “has the meaning given by
clause 14 of this Schedule”.
[2]Schedule 1, clause 1
(1)
Omit the definition of Australia-Indonesia Zone of
Cooperation.
Insert instead:
Area A of
the Zone of Cooperation has the same meaning as in the
Petroleum (Australia-Indonesia Zone of Cooperation) Act
1990 (Commonwealth).
[3]Schedule 1, clause 1
(1)
Insert after the definition of Australian ship:
baseline for a State has the meaning
given by clause 15 of this Schedule.
[4]Schedule 1, clause 1 (1),
definition of “inner adjacent area”
Omit “a State,”. Insert instead
“a State”.
[5]Schedule 1, clause 1 (1),
definition of “inner adjacent area”
Omit “described in Part 6 of this
scheme” wherever occurring.
[6]Schedule 1, clause 1 (1),
definition of “intergovernmental agreement”
Insert “of this Schedule” after
“clause 5”.
[7]Schedule 1, clause
10
Omit “Australia-Indonesia”
from the heading to clause 10.
Insert instead “Area A of
the”.
[8]Schedule 1, clause
10
Omit “the Australia-Indonesia”.
Insert instead “Area A of the”.
Explanatory
note
The Crimes at Sea Act
1998 gives legal force (so far as it depends on the
legislative power of the State) to a cooperative scheme to apply the criminal
law of the States extraterritorially in the area adjacent to the coast of
Australia.
Items [1] to [8] make minor drafting amendments
to the Crimes at Sea Act
1998 to ensure that it is identical in all substantial
respects to the Act proposed to be introduced in the Commonwealth Parliament
which, as part of the cooperative scheme, will be the corresponding Act of the
Commonwealth Parliament.
2.10Criminal Appeal Act 1912 No
16
[1]Section 5AE Appeals from
sentences imposed by the Drug Court
Renumber section 5AE (as inserted by Schedule 1.3
[1] to the Drug Court Act
1998) as section 5AF.
[2]Section 10 Time for
appealing
Omit “5AE”. Insert instead
“5AF”.
Explanatory
note
Item [1] of the proposed amendments renumbers a
section.
Item [2] makes a consequential amendment to a
cross-reference.
2.11Criminal Procedure Act 1986 No
209
Part 9A Summary disposal of
indictable offences by Local Courts
Insert “section” after
“referred to in” in clause 30 of Table 1.
Explanatory
note
The proposed amendment inserts a missing
word.
2.12Electricity Supply Act 1995 No
94
[1]Schedule 6 Savings,
transitional and other provisions
Omit “Schedules 1 and 2 apply” from
clause 16 (5).
Insert instead “Schedule 2
applies”.
[2]Schedule 6, clause 16
(5)
Omit “they apply”. Insert instead
“it applies”.
[3]Schedule 6, clause 16
(5)
Omit “those Schedules”. Insert
instead “that Schedule”.
[4]Schedule 6, clause
18
Omit “Sections 8 and 98 do”. Insert
instead “Section 98 does”.
[5]Schedule 6, clause
18
Omit “those sections”. Insert instead
“that section”.
Explanatory
note
The proposed amendments omit references to a
repealed Schedule and section.
2.13Environmentally Hazardous Chemicals Act 1985 No
14
Schedule 1 Provisions relating
to the Committee
Omit clause 2 (i). Insert instead:
(i)
one shall be a person nominated by Australian
Business Limited,
Explanatory
note
The proposed amendment updates a reference to a
body.
2.14Fertilisers Act 1985 No
5
[1]Long
title
Omit “fertilizers” wherever
occurring. Insert instead “fertilisers”.
[2]Section 7
Registration
Omit “fertilizers” from section 7 (3)
(c) (iii). Insert instead “fertilisers”.
Explanatory
note
The proposed amendments update the spelling of a
term.
2.15Fines
Act 1996 No 99
[1]Section 85 Provisions relating
to orders
Insert “the” before
“Department” where firstly occurring in section 85
(3).
[2]Section 100 Time to
pay
Omit “driver’s licence” from
the note to section 100 (5).
Insert instead “driver
licence”.
[3]Schedule 3 Savings,
transitional and other provisions
Omit “driver’s licence”
wherever occurring in clauses 2 (3) and 7.
Insert instead “driver
licence”.
Explanatory
note
Item [1] of the proposed amendment corrects a
grammatical error consisting of the omission of the definite
article.
Items [2] and [3] update the terminology used in
an Act.
2.16Forestry and National Park Estate Act 1998 No
163
Section 19 Public consultation
on amendment or revocation of agreement
Omit “amemdment” from section 19 (2)
(c). Insert instead “amendment”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.17Greyhound Racing Authority Act 1985 No
119
[1]Section 25
Regulations
Omit “section 9A or” wherever
occurring in section 25 (5).
Insert instead “section
9A”.
[2]Schedule 1 Provisions relating
to directors
Omit “member’s” from clause 7
(1). Insert instead “director’s”.
Explanatory
note
Item [1] of the proposed amendments omits a
redundant word.
Item [2] updates a reference to an office
holder.
2.18Harness Racing New South Wales Act 1977 No
57
[1]Schedule 1 Provisions relating
to directors
Omit “the member’s” from clause
9 (1). Insert instead “the
director’s”.
[2]Schedule 1, clause 9
(3)
Omit “the Board”. Insert instead
“The Board”.
Explanatory
note
Item [1] of the proposed amendments updates a
reference to an office holder.
Item [2] corrects a typographical
error.
2.19Interpretation Act 1987 No
15
[1]Section 68 References to
amended Acts and instruments
Omit “, and” where lastly occurring
in section 68 (4) (a) (vii).
[2]Section 68 (4)
(a)
Omit “(viii)” where firstly
occurring. Insert instead “(viia)”.
Explanatory
note
The proposed amendments renumber a
subparagraph.
2.20Land
and Environment Court Act 1979 No
204
[1]Section 17 Class
1—environmental planning and protection appeals
Omit “121K” from section 17 (d).
Insert instead “121ZK”.
[2]Section 25A Application of
Division
Omit “section 103” from section 25A
(3). Insert instead “section 102”.
[3]Section 25C Orders for
validity of development consents
Omit “section 104” from section 25C
(2). Insert instead “section 103”.
[4]Section 36 Delegation to
Commissioners
Omit “assessors’” from section
36 (5). Insert instead
“Commissioners’”.
Explanatory
note
Items [1], [2] and [3] of the proposed amendments
correct cross-references.
Item [4] updates a reference to an office
holder.
2.21Liquor
Act 1982 No 147
[1]Section 4A Meaning of
“close associate”
Omit “sections 68, 105A and 105B”
from section 4A (1).
Insert instead “this
Act”.
[2]Section 45 Grounds of
objection
Omit “paragraphs (a), (a1) and (b)”
from section 45 (1) (c).
Insert instead “paragraphs (a) and
(a1)”.
[3]Section 45
(4)
Omit “, (a2) or (b)”. Insert instead
“or (a2)”.
[4]Section 66
Interpretation
Omit “112” from section 66 (1).
Insert instead “125A”.
[5]Section 68 Grounds for
complaint
Omit “section 101 (4)” from section
68 (1) (f) (iii).
Insert instead “section 101
(4A)”.
[6]Section 111B Procedure for
grant of minors functions authority
Omit “and” from section 111B
(4).
[7]Section 145 Proceedings for
offences
Omit “78A, 86, 86A,” from the Table
to section 145.
[8]Section 161 Authority to keep
approved gaming devices
Omit “, that” from section 161
(11).
Explanatory
note
Items [6] and [8] of the proposed amendments omit
redundant words.
The other items correct
cross-references.
2.22Local
Government Act 1993 No 30
[1]Section 22 Other
functions
Omit the matter relating to the Clean Air Act
1961, the Dog Act 1966, the
Environmental Offences and Penalties Act
1989 and the Noise Control Act
1975.
Insert in alphabetical order:
Companion Animals Act
1998
companion
animal registration and control
Protection of the Environment Operations Act
1997
pollution
control
[2]Section 47 Leases, licences
and other estates in respect of community land—terms greater than 5
years
Renumber section 47 (9) (as inserted by the
Local
Government Amendment (Community Land Management) Act 1998)
as section 47 (8A).
[3]Section 275 Who is
disqualified from holding civic office?
Omit “a court” from section 275
(4).
Insert instead “the Administrative
Decisions Tribunal”.
[4]Section 275
(4)
Omit “subsection (3)”. Insert instead
“subsection (4)”.
Explanatory
note
Item [1] of the proposed amendments updates
references to repealed Acts.
Item [2] renumbers a subsection.
Item [3] corrects a reference to the body that
hears proceedings under section 329 of the Local Government
Act 1993.
Item [4] corrects a
cross-reference.
2.23Mining
Act 1992 No 29
[1]Section 32F Access arrangement
required for prospecting operations under low-impact
licences
Omit “agreement” wherever occurring
in section 32F (2).
Insert instead
“arrangement”.
[2]Section 138 Application of
Division
Omit “access agreement” from section
138 (2).
Insert instead “access
arrangement”.
[3]Section 138,
note
Omit “agreements”. Insert instead
“arrangements”.
Explanatory
note
The proposed amendments correct typographical
errors.
2.24National Parks and Wildlife Act 1974 No
80
Section 108 Possessing 20 or
more birds
Renumber paragraph (c) of section 108 (as
inserted by the National Parks and Wildlife (Emu Licence) Amendment Act
1993) as paragraph (d).
Explanatory
note
The proposed amendment renumbers a
paragraph.
2.25Parliamentary Remuneration Act 1989 No
160
Section 11 Annual
determinations of additional entitlements
Omit “Chief Justice” from section 11
(1).
Insert instead
“President”.
Explanatory
note
The proposed amendment corrects a reference to
the office-holder who issues directions regarding annual
determinations.
2.26Passenger Transport Act 1990 No
39
Section 9B Conditions of
accreditation
Omit “(Appeals)” from section 9B
(4).
Insert instead “(Reviews by Administrative
Decisions Tribunal)”.
Explanatory
note
The proposed amendment updates a cross-reference
to a Division.
2.27Petroleum (Onshore) Act 1991 No
84
[1]Section 45F Access arrangement
required for prospecting operations under low-impact prospecting
titles
Omit “agreement” wherever occurring
in section 45F (2).
Insert instead
“arrangement”.
[2]Section 69A Application of
Part
Omit “access agreement” from section
69A (2).
Insert instead “access
arrangement”.
[3]Section 69A,
note
Omit “agreements”. Insert instead
“arrangements”.
Explanatory
note
The proposed amendments correct typographical
errors.
2.28Pipelines Act 1967 No
90
Section 5C Constitution of
pipeline committees
Omit section 5C (2) (a)–(c). Insert
instead:
(a)
one person nominated by the Director-General of
the Department of Urban Affairs and Planning,
(b)
one person nominated by the Director-General of
the Environment Protection Authority,
(c)
one person nominated by the Director-General of
the Department of Local Government,
Explanatory
note
The proposed amendment updates references to
offices.
2.29Plant
Diseases Act 1924 No 38
Section 21 Power to destroy
plants in an abandoned orchard or nursery
Omit section 21 (4) and (5) (as in force before
the enactment of the Administrative Decisions Legislation Amendment Act
1997).
Explanatory
note
The proposed amendment omits redundant matter
relating to appeals to a Local Court from certain Ministerial decisions. (The
Administrative Decisions Legislation Amendment Act
1997 conferred jurisdiction of the Administrative
Decisions Tribunal to review those decisions.)
2.30Ports
Corporatisation and Waterways Management Act 1995 No
13
Section 3
Definitions
Omit the note to the
section.
Explanatory
note
The proposed amendment omits a note that refers
to the value of a penalty unit when the Act was enacted. (The value of a
penalty unit has since been increased.)
2.31Property, Stock and Business Agents Act 1941 No
28
[1]Section 38B Inspection of
records
Omit “a body corporate” from section
38B (1A).
Insert instead “an owners
corporation”.
[2]Section 50K
Definitions
Omit the definition of body
corporate. Insert instead:
owners
corporation means an owners corporation constituted under
the Strata Schemes Management Act
1996.
[3]Section 50L Production of
certain instruments
Omit “a body corporate” from section
50L (b).
Insert instead “an owners
corporation”.
Explanatory
note
The proposed amendments update references to an
Act and to a body.
2.32Public
Authorities (Financial Arrangements) Act 1987 No
33
Section 38 Exemption from
duty
Insert “, or duty under the Duties Act 1997,” after
“1920”.
Explanatory
note
The proposed amendment updates a reference to the
payment of duty.
2.33Public
Notaries Act 1997 No 98
Section
3A
Insert after section 3:
3ANotes
Notes included in this Act are explanatory notes
and do not form part of this Act.
Explanatory
note
The proposed amendment provides that notes in the
Public Notaries Act 1997 do not form
part of the Act.
2.34Public Sector Executives
Superannuation Act 1989 No 106
Section 40 When may an
application relating to additional benefit cover be
refused?
Insert “the” before “person
thinks” in section 40 (2).
Explanatory
note
The proposed amendment inserts an omitted
word.
2.35Registered Clubs Act 1976 No
31
[1]Section 4
Definitions
Insert “or more” after
“2” in the definition of amalgamated club in section 4
(1).
[2]Section 30 Rules of registered
clubs
Omit “AJC Principal Club” from
section 30 (5A) (a).
Insert instead “NSW Thoroughbred Racing
Board”.
[3]Section 65 Proceedings for
offences arising under this Act
Omit “4AA,” and “106J, 106K,
106L, 106N, 106P,” from the Table to section 65.
Explanatory
note
Item [1] of the proposed amendments inserts
omitted words to make a definition consistent with the section to which it
refers.
Item [2] updates a reference to a statutory
body.
Item [3] omits redundant references to provisions
creating offences.
2.36Road
Transport (Driver Licensing) Act 1998 No
99
[1]Schedule 1 Amendment of
Acts
Omit “drivers’ licences” from
Schedule 1.13 [36].
Insert instead “driver’s
licences”.
[2]Schedule 1.13
[44]
Omit “Section 11AE (1) (b) (i)”.
Insert instead “Section 11AE (1) (b) (ii)”.
Explanatory
note
The proposed amendments correct incorporation
directions.
2.37Rural
Lands Protection Act 1998 No 143
Schedule 6 Amendment of other
Acts and instruments
Omit “section 20 (cm)” from Schedule
6.13.
Insert instead “section 20 (1)
(cm)”.
Explanatory
note
The proposed amendment corrects an incorporation
direction.
2.38Soil
Conservation Act 1938 No 10
Section 20 Catchment
area
Omit “or (1A)” from section 20 (4)
(a).
Explanatory
note
The proposed amendment omits a redundant
cross-reference.
2.39Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 2 Public
offices
Omit the matter concerning the Chairperson and
the Deputy Chairperson of the Commercial Tribunal of New South
Wales.
Explanatory
note
The proposed amendment omits redundant references
to the holders of offices.
2.40Stock
Medicines Act 1989 No 182
[1]Sections 13 (2) (c) (i) and 17
(3) (c) (i)
Omit “Workers Compensation and
Rehabilitation Authority” wherever occurring.
Insert instead “WorkCover
Authority”.
[2]Sections 13 (2) (c) (ii) and
17 (3) (c) (ii)
Omit “Director of the State Pollution
Control Commission” wherever occurring.
Insert instead “Director-General of the
Environment Protection Authority”.
Explanatory
note
The proposed amendments update references to
offices.
2.41Threatened Species Conservation Act 1995 No
101
[1]Schedule 1 Endangered
species
Insert an asterisk before the entry for each of
the following species of plants in Part 1:
Family
Species
Apiaceae
Gingidia
montana (Forster & Forster f.) J. Wyndham Dawson
Apiaceae
Trachymene saniculifolia Stapf
Araucariaceae
Wollemia
nobilis W. Jones, K. Hill & J. Allen
Asteraceae
Calotis
moorei P. Short
Brassicaceae
Irenepharsus trypherus Hewson
Casuarinaceae
Allocasuarina glareicola L.
Johnson
Davidsoniaceae
Davidsonia pruriens var. jerseyana
Bailey
Elaeocarpaceae
Elaeocarpus sp. Rocky Creek (G. Read AQ
562114)
Epacridaceae
Leucopogon confertus Benth.
Epacridaceae
Melichrus hirsutus J.B. Williams
ms
Euphorbiaceae
Bertya
ingramii T. James
Fabaceae
Acacia
gordonii (Tind.) Pedley
Fabaceae
Acacia
ruppii Maiden & E. Betche
Fabaceae
Indigofera efoliata F. Muell.
Lamiaceae
Plectranthus nitidus P. Forst.
Lamiaceae
Prostanthera sp. Somersby (B.J. Conn
4024)
Lamiaceae
Westringia kydrenis Conn
Loranthaceae
Amyema
scandens (Tieghem) Danser
Monimiaceae
Daphnandra sp. C Illawarra (R. Schodde
3475)
Myrtaceae
Eucalyptus copulans L. Johnson & K.
Hill
Myrtaceae
Eucalyptus imlayensis Crisp &
Brooker
Myrtaceae
Eucalyptus pachycalyx Maiden &
Blakely
Myrtaceae
Eucalyptus sp. Howes Swamp Creek (M. Doherty 19/7/85,
NSW 207054)
Myrtaceae
Micromyrtus grandis J.T. Hunter
Myrtaceae
Triplarina imbricata (Sm.) A.R.
Bean
Myrtaceae
Triplarina nowraensis A.R. Bean
Orchidaceae
Caladenia arenaria Fitzg.
Orchidaceae
Diuris
pedunculata R. Br.
Orchidaceae
Genoplesium plumosum (Rupp) D.L. Jones & M.A.
Clem.
Orchidaceae
Microtis
angusii D.L. Jones
Orchidaceae
Phaius
tankervilliae (Banks ex L’Her.) Blume
Orchidaceae
Prasophyllum affine Lindl.
Orchidaceae
Pterostylis saxicola D.L. Jones & M.A.
Clem.
Orchidaceae
Pterostylis sp. Botany Bay (A. Bishop
J221/1-13)
Poaceae
Stipa
wakoolica Vickery, S.W.L. Jacobs & J. Everett
Podocarpaceae
Microstrobos fitzgeraldii (F. Muell.) J. Garden &
L. Johnson
Proteaceae
Grevillea acanthifolia subsp. paludosa Makinson
& Albrecht
Proteaceae
Grevillea guthrieana P. Olde & N.
Marriott
Proteaceae
Grevillea masonii P. Olde & N.
Marriott
Proteaceae
Grevillea mollis P. Olde &
Molyneux
Proteaceae
Grevillea molyneuxii McGillivray
Proteaceae
Grevillea obtusiflora R. Br.
Proteaceae
Grevillea rivularis L. Johnson &
McGillivray
Proteaceae
Hakea sp. B Kowmung River (M. Doherty
17-24)
Proteaceae
Persoonia mollis subsp. maxima Krauss & L.
Johnson
Rutaceae
Zieria
covenyi J.A. Armstrong ms
Rutaceae
Zieria
floydii J.A. Armstrong ms
Rutaceae
Zieria
granulata (F. Muell.) C. Moore ex Benth.
Rutaceae
Zieria
ingramii J.A. Armstrong ms
Rutaceae
Zieria
lasiocaulis J. A. Armstrong ms
Sterculiaceae
Rulingia
prostrata Maiden & Betche
Thymelaeaceae
Pimelea
venosa Threlfall
[2]Schedule 1, Part
1
Delete the asterisk appearing before the entry
for the following species:
Family
Species
Asclepiadaceae
Marsdenia longiloba Benth.
[3]Schedule 1, Part
3
Insert an asterisk before the entry for the
Cumberland Plain Woodland.
[4]Schedule 1, Part
4
Insert an asterisk before the entry for each of
the following species of plants:
Family
Species
Euphorbiaceae
Amperea
xiphoclada var. pedicellata R.F.J. Hend.
Lamiaceae
Prostanthera marifolia R. Br.
Orchidaceae
Diuris
bracteata Fitzg.
Proteaceae
Persoonia laxa L. Johnson & P.
Weston
[5]Schedule 2 Vulnerable
species
Insert an asterisk before the entry for each of
the following species of plant:
Family
Species
Asteliaceae
Neoastelia spectabilis J.B.
Williams
Asteraceae
Euchiton
nitidulus (Hook. f.) A. Anderb.
Brassicaceae
Lepidium
aschersonii Thell.
Casuarinaceae
Allocasuarina simulans L. Johnson
Corynocarpacea
Corynocarpus rupestris subsp. rupestris
Guymer
Dilleniaceae
Hibbertia marginata Conn
Epacridaceae
Epacris
sparsa R. Br.
Epacridaceae
Styphelia perileuca J. Powell
Ericaceae
Gaultheria viridicarpa subsp. viridicarpa J.B.
Williams ms
Euphorbiaceae
Bertya sp. A Cobar-Coolabah (Cunningham &
Milthorpe s.n., 2/8/73)
Gentianaceae
Gentiana
wissmannii J. Williams
Lamiaceae
Prostanthera staurophylla F.
Muell.
Lamiaceae
Prostanthera sp. Bundjalung National Park (B.J. Conn
3471)
Myrtaceae
Eucalyptus alligatrix subsp. miscella Brooker,
Slee & J.D. Briggs ms
Myrtaceae
Eucalyptus caleyi subsp. ovendenii L. Johnson
& K. Hill
Myrtaceae
Eucalyptus cannonii R. Baker
Myrtaceae
Homoranthus lunatus Craven & S.R.
Jones
Myrtaceae
Homoranthus prolixus Craven & S.R.
Jones
Olacaceae
Olax
angulata A.S. George
Orchidaceae
Prasophyllum fuscum R. Br.
Poaceae
Arthraxon hispidus (Thunb.)
Makino
Proteaceae
Grevillea banyabba P. Olde & N.
Marriott
Proteaceae
Grevillea quadricauda P. Olde & N.
Marriott
Proteaceae
Grevillea rhizomatosa P. Olde & N.
Marriott
Proteaceae
Hakea
fraseri R. Br.
Proteaceae
Hakea sp. Manning River SF-Broken Bago SF (P. Hind
4662)
Proteaceae
Persoonia bargoensis P. Weston & L.
Johnson
Rhamnaceae
Pomaderris gilmourii var. cana N.
Walsh
Sapindaceae
Dodonaea
procumbens F. Muell.
Scrophulaceae
Euphrasia bowdeniae W.R. Barker
Solonaceae
Solanum
karsense Symon
[6]Schedule
2
Delete the asterisk appearing before the entry
for each of the following species of plants:
Family
Species
Fabaceae
Acacia
clunies-rossiae Maiden
Myrtaceae
Eucalyptus sturgissiana L. Johnson &
Blaxell
Myrtaceae
Melaleuca groveana Cheel & C.
White
Sapotaceae
Amorphospermum whitei Aubrev.
Explanatory
note
Schedule 1 to the Threatened
Species Conservation Act 1995 contains lists of endangered
species, populations and ecological communities. Schedule 2 lists vulnerable
species. Species that are listed in the analogous Schedules to the Endangered
Species Protection Act 1992 of the Commonwealth are marked
with an asterisk. The Commonwealth Act has been amended. The proposed
amendments insert or remove asterisks where appropriate.
2.42Treasury Corporation Act 1983 No
75
Section 11A Corporation not
liable for duty
Insert “or duty under the Duties Act 1997” after
“1920”.
Explanatory
note
The proposed amendment updates a reference to the
payment of duty.
2.43Water Legislation Amendment
(Drinking Water and Corporate Structure) Act 1998 No
145
Schedule 5 Consequential
amendments
Omit “Sections 5” and “section
5 (1)” from Schedule 5.18 [1].
Insert instead “Section 4” and
“section 4 (1)”.
Explanatory
note
The proposed amendment corrects references in a
Schedule of consequential amendments.
2.44Workers Compensation Act 1987 No
70
Section 51 Exit payments by
commutation of weekly payments
(cf former s 15)
Omit “injury.” from section 51 (3)
(b). Insert instead “injury,”.
Explanatory
note
The proposed amendment corrects a punctuation
error.
sch 2: Am 1999 No 85,
Sch 2.62.
Schedule 3Amendments updating references
to Acts
(Section 3)
3.1Anatomy Act 1977 No
126
Section 7
Inspectors
Omit section 7 (1) (c) and (d). Insert
instead:
(c)
an employee of a public health organisation
within the meaning of the Health Services Act
1997.
3.2Anglican Church of Australia Trust Property Act
1917 No 21
Section 45 New
dioceses
Omit “Church of England Constitutions Act
Amending Act of 1902” from section 45
(1).
Insert instead “Anglican Church of Australia Constitutions Act
1902”.
3.3Bail
Act 1978 No 161
Section 4
Definitions
Omit “Liquor Act
1912” from the definition of magistrate in section 4
(1).
Insert instead “Liquor
Act 1982”.
3.4Capital Debt Charges Act 1957 No
1
Schedule
Omit “State Development
and Country Industries Assistance Act 1966” wherever
occurring in the First, Second and Third Columns.
Insert instead “State
Development and Industries Assistance Act
1966”.
3.5Companies (Application of Laws) Act 1981 No
122
Schedule
1
Omit “Strata Titles Act
1973” from clause 26 (2).
Insert instead “Strata
Schemes (Freehold Development) Act
1973”.
3.6Dentists Act 1989 No
139
Section 3
Definitions
Omit the definition of public hospital from section 3 (1).
Insert instead:
public
hospital has the same meaning as in the Health
Services Act 1997.
3.7Forestry Act 1916 No
55
Section 32B Hunting
permits
Omit “Firearms and Dangerous Weapons Act
1973” from section 32B (5).
Insert instead “Firearms Act 1996, the Weapons Prohibition Act
1998”.
3.8Government Guarantees Act 1934 No
57
Section 3A Guarantees for
industrial purposes
Omit “State Development
and Country Industries Assistance Act 1966” from
section 3A (1).
Insert instead “State
Development and Industries Assistance Act
1966”.
3.9HomeFund Restructuring Act 1993 No
112
[1]Section 15 Other
relief
Omit “Consumer Claims Tribunals Act
1987” from section 15 (4).
Insert instead “Fair Trading Tribunal Act
1998”.
[2]Section 20 Suspension of
limitation period
Omit section 20 (1) (d). Insert instead:
(d)
the Fair Trading Tribunal Act
1998.
3.10Inclosed Lands Protection Act 1901 No
33
Section 3
Definitions
Omit the definition of hospital from section 3 (1). Insert
instead:
hospital means any of the
following:
(a)
a public hospital within the meaning of the
Health Services Act
1997,
(b)
a private hospital within the meaning of the
Private Hospitals and Day Procedure Centres Act
1988.
3.11Industrial Relations Act 1996 No
17
Section 379 Small claims
procedure
Omit section 379 (6) (b). Insert instead:
(b)
represents an owners corporation constituted
under the Strata Schemes Management Act
1996 and is one of the proprietors or lessees constituting
the owners corporation, or
3.12Intoxicated Persons Act 1979 No
67
Section 3
Definitions
Omit “school registered under the Education and
Public Instruction Act 1987” from the definition of
school in section 3
(1).
Insert instead “registered non-government
school under the Education Act
1990”.
3.13Landlord and Tenant Act 1899 No
18
Section 2AA No taking
possession of dwelling-house without court sanction
Omit “Liquor Act
1912” from section 2AA (1) (a).
Insert instead “Liquor
Act 1982”.
3.14Mental
Health Act 1990 No 9
[1]Section 228 Appointment of
official visitors
Omit “Area Health Services Act
1986” from paragraph (a) of the definition of
area
health service in section 228 (4).
Insert instead “Health
Services Act 1997”.
[2]Section 228 (4), definition of
“area health service”
Omit paragraph (b). Insert instead:
(b)
Corrections Health
Service.
3.15Moratorium Act 1932 No
57
Section 9 Limitation of rights
of mortgagee
Omit “Liquor Act
1912” from section 9 (1) (d).
Insert instead “Liquor
Act 1982”.
3.16School
Forest Areas Act 1936 No 20
Section 2
Definitions
Omit the definition of School from section 2 (1). Insert
instead:
School means a government school
within the meaning of the Education Act
1990.
3.17Stamp
Duties Act 1920 No 47
Section 84EB Loan securities
associated with certain consumer credit contracts
Omit “Strata Titles Act
1973” from the definition of private
dwelling house in section 84EB (5).
Insert instead “Strata
Schemes Management Act 1996”.
3.18Teacher Housing Authority Act 1975 No
27
Section 4, definition of
“Minister for Education” and sections 19 (3) (a) and 20 (1)
(a)
Omit “Education and Public Instruction Act
1987” wherever occurring.
Insert instead “Education Act
1990”.
3.19Teaching Services Act 1980 No
23
Section 4
Definitions
Omit the definition of public school from section 4 (1).
Insert instead:
public
school means a government school within the meaning of the
Education Act
1990.
3.20Tourism New South Wales Act 1984 No
46
Section 23 Tourism Development
Fund
Omit “State Development
and Country Industries Assistance Act 1966” from
section 23 (1) (a).
Insert instead “State
Development and Industries Assistance Act
1966”.
3.21Transport Administration Act 1988 No
109
Section 104Q Local government
approvals not required for light rail system
Omit the definition of subdivision legislation from section
104Q (3).
Insert instead:
subdivision legislation means Part 4
of the Environmental Planning and Assessment
Act 1979, the Strata Schemes
(Freehold Development) Act 1973, the Strata
Schemes (Leasehold Development) Act 1986 or the Community Land Development Act
1989.
3.22Valuation of Land Act 1916 No
2
Section 4
Definitions
Omit “Division 6 of Part 4 of the Strata Titles Act 1973 and Division 6 of
Part 4 of the Strata Titles (Leasehold) Act
1986” from the note to the section.
Insert instead “Part 4 of the Strata Schemes (Freehold Development) Act
1973 and Part 4 of the Strata Schemes
(Leasehold Development) Act
1986”.
3.23Valuers Registration Act 1975 No
92
Section 4
Definitions
Omit the definition of licensed
premises from section 4 (1). Insert instead:
licensed
premises has the same meaning as in the Liquor
Act 1982.
Schedule 4Amendments updating references
to courts and magistrates
(Section 3)
4.1Agricultural Scientific Collections Trust Act
1983 No 148
Section 22 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.2Air
Transport Act 1964 No 36
Section 12 Penalties and
proceedings for offences against Act or regulations
Omit “stipendiary magistrate” from
section 12 (2).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.3Anzac
Memorial (Building) Act 1923 No 27
Section 9
By-laws
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 9 (3A).
Insert instead “Local Court constituted by
a Magistrate”.
4.4Architects Act 1921 No
8
[1]Section 17 Removal from
register
Omit “by a court of petty sessions”
from section 17 (7).
[2]Section 17
(7)
Omit “Courts of Petty
Sessions (Civil Claims) Act 1970”.
Insert instead “Local
Courts (Civil Claims) Act
1970”.
[3]Section 23C Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.5Attachment of Wages Limitation Act 1957 No
28
Section 10 Attachment of money
due to employees of and contractors to certain employing
authorities
Omit “stipendiary magistrate or any two
justices in petty sessions” from section 10 (8).
Insert instead “Local
Court”.
4.6Bills
of Sale Act 1898 No 10
Section 15
Regulations
Omit “police or stipendiary magistrate or
any two or more justices” from section 15 (4).
Insert instead “Local
Court”.
4.7Broken
Hill Abattoirs, Markets, and Cattle Sale-yards Act
(1900)
[1]Section 18 Legal
procedure
Omit “police magistrate or any two justices
in petty sessions”.
Insert instead “Local
Court”.
[2]Section
18
Omit “any court or magistrate”.
Insert instead “a Local Court”.
[3]Section
18
Omit “such court or magistrate”.
Insert instead “such a Local Court”.
[4]Section
18
Omit “justices of the peace”. Insert
instead “a Local Court”.
4.8Business Names Act 1962 No
11
[1]Section 14 Disability of
persons in default
Omit “in the case of a court of petty
sessions by a stipendiary magistrate in chambers or by two or more justices
sitting in petty sessions” from section 14 (2).
Insert instead “may be exercised by a Local
Court”.
[2]Section 28 Default
penalty
Omit “court of petty sessions held before a
stipendiary magistrate” from section 28 (3).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.9Camperdown Cemetery Act 1948 No
14
Section 4E Legal
proceedings
Omit “any stipendiary magistrate, or before
any two justices at the court of petty sessions” from section 4E
(1).
Insert instead “a Local
Court”.
4.10Cattle Compensation Act
1951 No 26
Section 20 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 20.
Insert instead “Local Court constituted by
a Magistrate”.
4.11Centennial Park and Moore Park Trust Act 1983 No
145
Section 25 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 25 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.12Coastal Protection Act 1979 No
13
Section 59 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.13Commercial Agents and Private Inquiry Agents Act
1963 No 4
[1]Section 12 Power of court to
order commercial agent, private inquiry agent or subagent to be summoned under
section 11
Omit “court of petty sessions” from
section 12 (4) (b).
Insert instead “Local
Court”.
[2]Section 14
Appeal
Omit “court of petty sessions”.
Insert instead “Local Court”.
4.14Companies (Death Duties) Act 1901 No
30
Section 13 Recovery of
penalties
Omit “court of petty sessions”.
Insert instead “Local Court”.
4.15Constitution Further Amendment (Referendum) Act
1930 No 2
Section 9 Duties of Electoral
Commissioner upon receipt of writ
Omit “court of petty sessions” from
section 9 (c). Insert instead “Local
Court”.
4.16Contracts Review Act 1980 No
16
Section 18
Offence
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 18 (2).
Insert instead “Local Court constituted by
a Magistrate”.
4.17Conveyancing Act 1919 No
6
Section 197 Official
searches
Omit “by a stipendiary magistrate sitting
alone in petty sessions” from section 197 (8).
Insert instead “before a Local Court
constituted by a Magistrate sitting alone”.
4.18Country Industries (Pay-roll Tax Rebates) Act
1977 No 79
Section 13
Proceedings
Omit “stipendiary magistrate sitting in
petty sessions”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.19Credit
Act 1984 No 94
[1]Section 5
Definitions
Omit the definition of court of
petty sessions from section 5 (1).
[2]Section 6 Jurisdiction of
courts and Tribunal
Omit “court of petty sessions other than a
court of petty sessions in respect of which an order under section 77 (3) of
the Courts of Petty Sessions (Civil Claims) Act
1970” from section 6 (1) (c) (ii).
Insert instead “Local Court constituted by
a Magistrate sitting alone, other than a Local Court in respect of which an
order under section 77 (3) of the Local Courts
(Civil Claims) Act 1970”.
4.20Crimes
Act 1900 No 40
[1]Sections 357G (1) (b), (3),
(4), (5), (6), (7) and (12) (b) and 414A (2) and (4)
Omit “stipendiary magistrate”
wherever occurring.
Insert instead
“Magistrate”.
[2]Sections 406 (1), 414A (7) (b)
and 444 (1), (1A), (2), (4) and (5)
Omit “magistrate” wherever occurring.
Insert instead “Magistrate”.
[3]Sections 527A, 527B, 527C (1),
545C (1) and (2), 546A, 546B (1), 546C, 547B (1) and
547C
Omit “stipendiary magistrate”
wherever occurring.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[4]Section 549 Offenders may be
summoned under existing Acts
Omit “, whether a Police or Stipendiary
Magistrate or not,”.
4.21Crimes
Prevention Act 1916 No 80
Section 4 Penalty for
offences
Omit “stipendiary or police magistrate, or
any two justices in petty sessions,”.
Insert instead “Local
Court”.
4.22Dairy Industry Act
1979 No 208
[1]Section 33 Corporation may
refuse to issue certificate etc
Omit “court of petty sessions held before a
stipendiary magistrate” from section 33 (4).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[2]Section 35 Registration in
respect of certain interstate activities
Omit “court of petty sessions held before a
stipendiary magistrate” from section 35 (3) (c).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[3]Section 35 (3)
(c)
Omit “court of petty sessions” where
secondly and thirdly occurring.
Insert instead “Local
Court”.
[4]Section 92 Proceedings for an
offence generally
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.23David
Berry Hospital Act 1906 No 53
Section 10 Regulation of
hospital
Omit “any stipendiary or police magistrate,
or any two justices of the peace in petty sessions”.
Insert instead “a Local
Court”.
4.24Dental
Technicians Registration Act 1975 No
40
Section 31 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate or any two justices” from section 31
(2).
Insert instead “Local
Court”.
4.25Discharged Servicemen’s Badges Act 1964 No
49
Section 4 Penalty and
proceedings for offences
Omit “stipendiary magistrate or two
justices in petty sessions” from section 4 (2).
Insert instead “Local
Court”.
4.26Disorderly Houses Act 1943 No
6
Sections 13A Forfeiture or
disposal of liquor, drug etc seized in disorderly houses and suspected
premises
Omit “Stipendiary or Police” wherever
occurring in section 13A (2) and (3).
4.27Door-to-Door Sales Act 1967 No
36
Section 8 Recovery of
penalties
Omit “stipendiary magistrate or any two
justices in petty sessions”.
Insert instead “Local
Court”.
4.28Drainage Act
1939 No 29
[1]Section 29 Roll of voters
etc
Omit “stipendiary or police
magistrate” from section 29 (3).
Insert instead
“Magistrate”.
[2]Section 29
(5)
Omit “court of petty sessions”.
Insert instead “Local Court”.
4.29Electricity (Pacific Power) Act 1950 No
22
Section 95 Recovery of
penalties
Omit “stipendiary magistrate or any two
justices in petty sessions” from section 95 (1).
Insert instead “Local
Court”.
4.30Fertilisers Act 1985 No
5
Section 35 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.31Fish River Water Supply
Administration Act 1945 No 16
Section 18B Proceedings for
offences
Omit “stipendiary magistrate or two
justices in petty sessions”.
Insert instead “Local
Court”.
4.32Forestry Act 1916 No
55
[1]Section 43 Seizure and
forfeiture of timber, products and forest materials
Omit “court of petty sessions” from
section 43 (2) (b) (ii).
Insert instead “Local
Court”.
[2]Section 46 Recovery of
penalties etc
Omit “stipendiary magistrate” from
section 46 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.33Frustrated Contracts Act 1978 No
105
Section 15 Adjustment by
court
Omit “court of petty sessions” from
section 15 (8). Insert instead “Local
Court”.
4.34Funeral Funds Act 1979 No
106
Section 91 Offences
generally
Omit “court of petty sessions held before a
stipendiary magistrate” from section 91 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.35Government and Related Employees Appeal Tribunal Act
1980 No 39
Section 44 Discovery of
documents, attendance of witnesses etc
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 44 (2).
Insert instead “Local Court constituted by
a Magistrate”.
4.36Growth
Centres (Development Corporations) Act 1974 No
49
Section 40
Penalties
Omit “stipendiary magistrate or any two
justices of the peace in petty sessions” from section 40
(1).
Insert instead “Local
Court”.
4.37Harness Racing New South Wales Act 1977 No
57
Section 25
Penalties
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.38Health
Administration Act 1982 No 135
Section 24 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.39Heritage Act 1977 No
136
Section 158 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate” wherever occurring from sections 158 (1), (2)
and (4).
Insert instead “Local Court constituted by
a Magistrate”.
4.40Housing Act
1976 No 62
Section 33
Penalties
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.41Hunter Valley Flood
Mitigation Act 1956 No 10
Section 54 Recovery of
penalties
Omit “any stipendiary magistrate or any two
or more justices of the peace in petty sessions”.
Insert instead “a Local
Court”.
4.42Inebriates Act 1912 No
24
[1]Sections 3 (1), 4 (2), 5 (1)
and 11 (1)
Omit “stipendiary magistrate”
wherever occurring. Insert instead
“Magistrate”.
[2]Sections 3 (1), (1A), (3), 4
(2), 5 (2), 8, 18, 20 (2), 21, 22, 26 and 28 (ea) and
(f)
Omit “magistrate” wherever occurring.
Insert instead “Magistrate”.
[3]Section 32 Recovery of
penalties
Omit “any court of petty sessions”.
Insert instead “a Local Court”.
[4]Schedule
3
Omit “Stipendiary (or
Police)”.
[5]Schedule
5
Omit
“Stipendiary”.
4.43Infants’ Custody and Settlements Act 1899
No 39
[1]Section 4
Rules
Omit “courts of petty sessions” from
section 4 (3).
Insert instead “a Local
Court”.
[2]Section 4
(3)
Omit “courts of quarter sessions”.
Insert instead “the District Court”.
[3]Sections 10A (1), (2) and (3)
and 10B
Omit “court of petty sessions”
wherever occurring. Insert instead “Local
Court”.
[4]Section 10A (1)
(a)
Omit “stipendiary magistrate”. Insert
instead “Magistrate”.
[5]Section 10A (2)
(b)
Omit “a court of quarter sessions”.
Insert instead “the District Court”.
4.44Irrigation Act
1912 No 73
[1]Section 30 Recovery of
penalties
Omit “any stipendiary magistrate or two or
more justices of the peace in petty sessions”.
Insert instead “a Local
Court”.
[2]Section 31 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate, or 2 or more justices of the peace,” wherever
occurring in section 31 (2) and (3).
Insert instead “Local
Court”.
4.45Irrigation Areas (Reduction of Rents) Act 1974 No
83
Section 12
Offence
Omit “stipendiary magistrate or any two
justices of the peace in petty sessions” from section 12
(2).
Insert instead “Local
Court”.
4.46Land
Agents Act 1927 No 3
Section 4 Registration of land
agents
Omit “any two justices in petty
sessions” from section 4 (2).
Insert instead “a Local
Court”.
4.47Land
Development Contribution Management Act 1970 No
22
Section 78 Recovery of
penalties
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.48Landlord and Tenant Act 1899 No
18
[1]Section 23 Possession of
tenements may be recovered before Magistrate
Omit “any two or more justices of the peace
at the place where the petty sessions of the district in which such land is
situated usually sit” from section 23 (1).
Insert instead “a Local Court at the place
where the Local Court of the district in which such land is situated usually
sits”.
[2]Schedule
E
Omit “(the place where the petty sessions
of the district in which the land in question is situated usually
sit)”.
Insert instead “(the place where the Local
Court of the district in which the land in question is situated usually
sits)”.
[3]Schedule
E
Omit “(being the place where the petty
sessions of the said district usually sit)” wherever
occurring.
Insert instead “(the place where the Local
Court of the district in which the land in question is situated usually
sits)”.
[4]Schedule
E
Omit “clerk of the petty sessions of the
justices of the peace”.
Insert instead “Clerk of the Local
Court”.
4.49Landlord and Tenant (Amendment) Act 1948 No
25
[1]Section 5A Parts 2, 3, 4 and 5
not to apply to certain premises
Omit “clerk of petty sessions”
wherever occurring in section 5A (1) (d) (ii) (a) and (b), (e) (ii) (b) (i)
and (ii) and (10) (a) and (b) (ii).
Insert instead “Clerk of the Local
Court”.
[2]Section 17A Fixing of rent of
prescribed premises by agreement
Omit “clerk of petty sessions”
wherever occurring in section 17A (6) (b) (i) and (ii) and (10) (a) and (b)
(ii).
Insert instead “Clerk of the Local
Court”.
[3]Sections 44 (1) and 50
(2)
Omit “Stipendiary Magistrate”
wherever occurring. Insert instead
“Magistrate”.
[4]Section 82 Protection of
sub-lessees
Omit “clerk of petty sessions of the
court” from section 82 (3) (b).
Insert instead “Clerk of the Local
Court”.
[5]Section 82 (3)
(c)
Omit “clerk of petty sessions”.
Insert instead “Clerk of the Local Court”.
[6]Section 82 (3)
(c)
Omit “court”. Insert instead
“Court”.
[7]Section 88B Premises not to be
sold in certain circumstances
Omit “the court of petty sessions for the
petty sessions”.
Insert instead “a Local Court for
the”.
[8]Section
88B
Omit “that court”. Insert instead
“that Court”.
[9]Section 111 Rental of farms by
members of Forces etc
Omit “court of petty sessions constituted
by a stipendiary magistrate” from paragraph (a) of the definition of
the
appropriate court in section 111 (3).
Insert instead “Local Court constituted by
a Magistrate”.
4.50Law
Reform (Miscellaneous Provisions) Act 1946 No
33
[1]Section 2 Special provisions
in relation to certain actions of tort
Omit “court of petty sessions exercising
jurisdiction under the Small Debts Recovery Act 1912, as
amended by subsequent Acts, by any stipendiary or police magistrate or”
from section 2 (2).
Insert instead “Local Court exercising
jurisdiction under the Local Courts (Civil Claims) Act
1970, by a Magistrate sitting alone or
by”.
[2]Section 4 Rules of
court
Omit “courts of petty sessions exercising
jurisdiction under the Courts of Petty Sessions (Civil
Claims) Act 1970” from section 4 (3)
(b).
Insert instead “a Local Court exercising
jurisdiction under the Local Courts (Civil Claims) Act
1970”.
4.51Lie
Detectors Act 1983 No 62
Section 7
Penalties
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 7 (2).
Insert instead “Local Court constituted by
a Magistrate”.
4.52Limitation Act 1969 No
31
Section 77 Rules of
Court
Omit “courts of petty sessions exercising
jurisdiction under the Courts of Petty Sessions (Civil
Claims) Act 1970” from section 77 (1)
(b).
Insert instead “a Local Court exercising
jurisdiction under the Local Courts (Civil Claims) Act
1970”.
4.53Liquor
Act 1982 No 147
[1]Section 12 Procedure before
Licensing Court
Omit “court of petty sessions”
wherever occurring from section 12 (1) (b) and (4).
Insert instead “Local
Court”.
[2]Sections 16 (3), 69 (3) and 99
(4)
Omit “court of petty sessions having
jurisdiction under the Courts of Petty Sessions (Civil
Claims) Act 1970” wherever occurring.
Insert instead “Local Court having
jurisdiction under the Local Courts (Civil Claims) Act
1970”.
[3]Sections 16 (3), 69 (3) and 99
(4)
Omit “that court of petty sessions”
wherever occurring.
Insert instead “that Local
Court”.
[4]Section 17 Registrars of the
court
Omit “clerk of petty sessions” from
section 17 (2).
Insert instead “Clerk of the Local
Court”.
4.54Loan
Fund Companies Act 1976 No 94
Section 66 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate sitting alone or 2 justices” from section 66
(a).
Insert instead “Local
Court”.
4.55Local
Government and Other Authorities (Superannuation) Act 1927 No
35
Section 20
Regulations
Omit “any two justices or a stipendiary
magistrate” from section 20 (2).
Insert instead “a Local Court constituted
by a Magistrate sitting alone”.
4.56Lord
Howe Island Act 1953 No 39
Section 37A Proceedings for
offences
Omit “court of petty sessions”.
Insert instead “Local Court”.
4.57Marketing of Primary Products Act 1983 No
176
Section 156
Proceedings
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 156 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.58Meat
Industry Act 1978 No 54
[1]Section 76 Offences
generally
Omit “court of petty sessions held before a
stipendiary magistrate” from section 76 (4).
Insert instead “Local Court constituted by
a Magistrate”.
[2]Section 76
(4A)
Omit “court of petty sessions held before a
magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
[3]Section 76
(4B)
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[4]Section 76
(4B)
Omit “the court”. Insert instead
“the Court”.
4.59Mine
Subsidence Compensation Act 1961 No
22
Section 17 Proceedings for
offences etc
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 17 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.60Minors
(Property and Contracts) Act 1970 No
60
[1]Sections 27 (2), (3), (4) and
(5), 40 (4) and (5), 41 (2) and (3) and 42 (1)
Omit “court of petty sessions”
wherever occurring. Insert instead “Local
Court”.
[2]Sections 27 (3) and 40
(4)
Omit “stipendiary magistrate”. Insert
instead “Magistrate”.
[3]Section 27 (4) and
(5)
Omit “the court”. Insert instead
“the Court”.
[4]Section 51 Rules of
court
Omit “courts of petty sessions” from
section 51 (6).
Insert instead “a Local
Court”.
4.61Moratorium Act 1932 No
57
[1]Section 29
Court
Omit “court of petty sessions holden before
a stipendiary or police magistrate” from section 29 (1)
(c).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[2]Section 30 Jurisdiction of
court—how exercised
Omit “court of petty sessions, by a
stipendiary or police magistrate” from section 30 (1).
Insert instead “Local Court, by a
Magistrate sitting alone”.
[3]Section 30
(6)
Omit “stipendiary or police
magistrate”. Insert instead
“Magistrate”.
[4]Sections 30 (6) and 37 (1)
(a)
Omit “clerk of petty sessions”
wherever occurring.
Insert instead “Clerk of the Local
Court”.
[5]Sections 30 (7) and 47
(1)
Omit “courts of petty sessions”
wherever occurring.
Insert instead “Local
Courts”.
[6]Section 31 Enforcement of
orders
Omit “court of petty sessions” from
section 31 (4). Insert instead “Local
Court”.
[7]Section 31
(4)
Omit “Small Debts Recovery Act
1912”.
Insert instead “Local
Courts (Civil Claims) Act
1970”.
[8]Section 47
(1)
Omit “stipendiary or police
magistrates”. Insert instead “a
Magistrate”.
4.62Motor
Vehicle Repairs Act 1980 No 71
Section 87
Proceedings
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 87 (1) (b).
Insert instead “Local Court constituted by
a Magistrate”.
4.63Motor
Vehicles (Third Party Insurance) Act 1942 No
15
[1]Section 13 Appeal against
refusal to issue or against cancellation of policy
Omit “court of petty sessions”
wherever occurring in section 13 (1), (2) and (4) (b).
Insert instead “Local
Court”.
[2]Section 41 General
penalty
Omit “stipendiary magistrate or any two
justices in petty sessions” from section 41 (2).
Insert instead “Local
Court”.
4.64New
South Wales—Queensland Border Rivers Act 1947 No
10
Section 28 Recovery of
penalties
Omit “stipendiary or police magistrate or
any two justices of the peace in petty sessions”.
Insert instead “Local
Court”.
4.65Oaths
Act 1900 No 20
[1]Section 3 Form and manner of
taking oaths
Omit “stipendiary magistrate”
wherever occurring in section 3 (2A) (a) and (b).
Insert instead
“Magistrate”.
[2]Section 9 District Court
Judges and other judicial officers
Omit “stipendiary magistrates” from
section 9 (1). Insert instead
“Magistrates”.
[3]Section 21A Penalty for taking
and receiving statutory declaration without authority
Omit “stipendiary or police
magistrate” from section 21A (3).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[4]Section 30 Untrue document
purporting to be affidavit
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 30 (b).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.66Optometrists Act 1930 No
20
Section 18 Offences and
penalties
Omit “any stipendiary magistrate sitting in
petty sessions”.
Insert instead “a Local Court constituted
by a Magistrate sitting alone”.
4.67Pathology Laboratories
Accreditation Act 1981 No 51
Section 40 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.68Pesticides Act
1978 No 57
Sections 61 (2) and 67
(1)
Omit “court of petty sessions”
wherever occurring. Insert instead “Local
Court”.
4.69Petroleum Products Subsidy Act 1965 No
1
Section 18 Recovery of
penalties
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.70Petroleum (Submerged Lands) Act 1982 No
23
Section 16 Jurisdiction of
State Courts
Omit “stipendiary magistrate” from
section 16 (3). Insert instead
“Magistrate”.
4.71Pharmacy Act 1964 No
48
Section 35
Penalties
Omit “stipendiary magistrate or any two
justices in petty sessions” from section 35 (3).
Insert instead “Local
Court”.
4.72Police
Offences Act 1901 No 5
[1]Sections 101, 102, 104, 105,
106 and 107
Omit “Stipendiary Magistrate”
wherever occurring. Insert instead
“Magistrate”.
[2]Section 106 Magistrates and
Justices may discontinue services of special constables called
out
Omit “sitting in petty sessions in such
city, town, or place”.
4.73Private Irrigation
Districts Act 1973 No 47
Section 91 Proceedings for
offences
Omit “stipendiary magistrate sitting in
petty sessions alone”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.74Property, Stock and Business Agents Act 1941 No
28
[1]Section 29A Disqualification
of former licensees etc
Omit “justice of the peace may summon a
former licensee to appear before a court of petty sessions holden before a
stipendiary magistrate” from section 29A (2).
Insert instead “justice may summon a former
licensee to appear before a Local Court constituted by a Magistrate sitting
alone”.
[2]Section 29A
(3)
Omit “court of petty sessions”.
Insert instead “Local Court”.
[3]Section 57
Procedure
Omit “clerk of the court of petty
sessions” from section 57 (4F) (a).
Insert instead “Clerk of the Local
Court”.
[4]Section 57 (7)
(b)
Omit “stipendiary
magistrate”.
Insert instead
“Magistrate”.
[5]Section 60 Cancellation of
certificate of registration
Omit “court of petty sessions holden before
a stipendiary magistrate” from section 60 (1).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[6]Section 60
(2)
Omit “court of petty sessions”.
Insert instead “Local Court”.
4.75Protected Estates Act 1983 No
179
Sections 15, 16, 17, 19 (2),
20 (1), 21 (1) and 23
Omit “stipendiary magistrate”
wherever occurring. Insert instead
“Magistrate”.
4.76Public
Finance and Audit Act 1983 No 152
Section 63 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate” from section 63 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.77Public
Works Act 1912 No 45
Section 150 Penalty on persons
omitting to fasten gates
Omit “any stipendiary or police magistrate
or any two justices” from section 150 (2).
Insert instead “a Local
Court”.
4.78Recreation Vehicles Act 1983 No
136
Section 42
Proceedings
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.79Road
Obstructions (Special Provisions) Act 1979 No
9
Section 9
Proceedings
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.80Royal
Botanic Gardens and Domain Trust Act 1980 No
19
Section 23 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 23 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.81Rural
Workers Accommodation Act 1969 No 34
[1]Section 17
Proceedings
Omit “court of petty sessions holden before
a stipendiary magistrate” from section 17 (1).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[2]Section 17
(2)
Omit “magistrate”. Insert instead
“Magistrate”.
4.82School
Forest Areas Act 1936 No 20
[1]Section 20 Seizure and
forfeiture of timber and products
Omit “court of petty sessions”
wherever occurring in section 20 (1) (b) and (2) (a) and (b).
Insert instead “Local
Court”.
[2]Section 22 Recovery of
penalties
Omit “stipendiary or police magistrate, or
any two justices in petty sessions”.
Insert “Local
Court”.
4.83Seeds
Act 1982 No 14
Section 29 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.84Sheriff Act 1900 No
16
Section 8 Sheriff or deputy to
attend Courts
Omit “Courts of Quarter Sessions”.
Insert instead “the District Court”.
4.85Small
Business Development Corporation Act 1984 No
119
Section 19 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.86Special Commissions of Inquiry Act 1983 No
90
Section 33 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.87Sporting Injuries Insurance Act 1978 No
141
Section 32 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 32 (1).
Insert instead “Local Court constituted by
a Magistrate”.
4.88State Coal Mines Act
1912 No 70
Section 22
Regulations
Omit “stipendiary or police magistrate or
before two justices”.
Insert “Local
Court”.
4.89State
Sports Centre Trust Act 1984 No 68
Section 21 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.90Strata
Schemes (Freehold Development) Act 1973 No
68
Section 157 Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.91Superannuation Act 1916 No
28
[1]Section 39 Desertion of spouse
or child
Omit “stipendiary magistrate”
wherever occurring in section 39 (1) and (2).
Insert instead
“Magistrate”.
[2]Section 39 (1) and
(2)
Omit “such magistrate” and “the
magistrate” wherever occurring.
Insert instead “such Magistrate” and
“the Magistrate” respectively.
4.92Supreme Court Act 1970 No
52
[1]Section 53 Assignment of
business
Omit “court of petty sessions” from
paragraph (b) of the definition of prescribed tribunal in section 53
(3C).
Insert instead “Local
Court”.
[2]Section 53, definition of
“prescribed tribunal”, paragraphs (b) and
(c)
Omit “stipendiary magistrate”
wherever occurring. Insert instead
“Magistrate”.
4.93Supreme Court (Summary Jurisdiction) Act 1967 No
72
Section 28A Termination of
Local Court proceedings on commencement of proceedings under this
Act
Omit “court of petty sessions”
wherever occurring. Insert instead “Local
Court”.
4.94Survey
Co-ordination Act 1949 No 27
[1]Section 20 Penalty for
destruction etc of permanent marks
Omit “court of petty sessions” from
section 20 (2). Insert instead “Local
Court”.
[2]Section 20
(2)
Omit “Small Debts Recovery Act
1912”.
Insert instead “Local
Courts (Civil Claims) Act
1970”.
[3]Section 21
Penalties
Omit “court of petty sessions holden before
a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.95Survey
Marks Act 1902 No 56
Section 5 Recovery of
penalties
Omit “any two justices in petty
sessions”. Insert instead “a Local
Court”.
4.96Swine
Compensation Act 1928 No 36
Section 18
Regulations
Omit “stipendiary magistrate, or any two or
more justices” from section 18 (3).
Insert “Local
Court”.
4.97Sydney
Cricket and Sports Ground Act 1978 No
72
Section 30 Recovery of
penalties
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.98Sydney
Turf Club Act 1943 No 22
Section 23 Public notification
of by-laws
Omit “stipendiary magistrate” from
section 23 (5).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.99Teacher Housing Authority Act 1975 No
27
Section 35 Disclosure of
information
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.100Teaching Services Act 1980 No
23
Section 93 Attachment of
salary or wages of officers and temporary employees
Omit “court of petty sessions” from
section 93 (7).
Insert instead “Local
Court”.
4.101Theatres and Public Halls Act 1908 No
13
Section 33 Proceedings for
offences against Act or regulations
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.102Tourism New South Wales Act 1984 No
46
Section 33 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.103Transport Appeal Boards Act 1980 No
104
[1]Section 18 Discovery of
documents, attendance of witnesses etc
Omit “court of petty sessions constituted
by a stipendiary magistrate” from section 18 (2).
Insert instead “Local Court constituted by
a Magistrate”.
[2]Section 33 Proceedings for
offences
Omit “court of petty sessions constituted
by a stipendiary magistrate or any 2 justices of the
peace”.
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.104Valuation of Land Act 1916 No
2
Section 80A Proceedings for
recovery of penalties to be heard summarily
Omit “court of petty sessions constituted
by a stipendiary magistrate”.
Insert instead “Local Court constituted by
a Magistrate”.
4.105Water
Act 1912 No 44
[1]Section 4G Proceedings for
offences
Omit “court of petty sessions held before a
stipendiary magistrate, or any 2 justices” from section 4G
(2).
Insert instead “Local
Court”.
[2]Section 4G
(3)
Omit “court of petty sessions held before a
stipendiary magistrate, or 2 justices”.
Insert instead “Local
Court”.
[3]Sections 12 (1) (b) and (2)
(c), 20E (2) (c) and (d), 20K (3), 20L (1) and the definition of
“prescribed tribunal” in 165 (1)
Omit “stipendiary magistrate”
wherever occurring.
Insert instead
“Magistrate”.
[4]Sections 45 and 55 (3) and
(4)
Omit “police magistrate” wherever
occurring. Insert instead “Magistrate”.
[5]Section 101 Notice of
cleansing or repairing drains
Omit “court of petty sessions” from
section 101 (3).
Insert instead “Local
Court”.
4.106Wills,
Probate and Administration Act 1898 No
13
Section 98 District
agents
Omit “a Court of Petty Sessions is
held”. Insert instead “there is a Local
Court”.
4.107Workers’ Compensation (Dust Diseases) Act
1942 No 14
Section 8G
Proceedings
Omit “stipendiary magistrate” from
section 8G (2).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
4.108Workmen’s Compensation (Lead Poisoning—Broken
Hill) Act 1922 No 31
Section 15
Regulations
Omit “police or stipendiary magistrate or
two or more justices” from section 15 (2).
Insert instead “Local
Court”.
4.109Zoological Parks Board Act 1973 No
34
[1]Section 32 Recovery of
penalty
Omit “stipendiary magistrate sitting in
petty sessions alone” from section 32 (1).
Insert instead “Local Court constituted by
a Magistrate sitting alone”.
[2]Section 33 Compensation for
loss, damage or injury
Omit “magistrate” wherever occurring
in section 33 (1).
Insert instead
“Magistrate”.
Schedule 5Amendments to facilitate
implementation of SGML as a markup language for
legislation
(Section 3)
5.1Administration of Justice Act 1924 No
42
Part 3 Amendment of
Acts
Omit the Part.
5.2Administration of Justice Act 1968 No
3
Section 3 Division of
Act
Omit the section.
5.3Agricultural Scientific Collections Trust Act
1983 No 148
Section 3
Arrangement
Omit the section.
5.4Anatomy Act 1977 No
126
Section 3
Arrangement
Omit the section.
5.5Anglican Church of Australia Trust Property Act
1917 No 21
[1]Part 1A
Insert before section 1:
Part 1APreliminary
[2]Section 1 Short
title
Omit all words following
“1917”.
5.6Animals Act 1977 No
25
Section 2 Division of
Act
Omit the section.
5.7Architects Act 1921 No
8
Section 2
Arrangement
Omit the section.
5.8Balranald Irrigation Act
1902 No 78
Section 1 Short
title
Omit all words following
“1902”.
5.9Banks
and Bank Holidays Act 1912 No 43
Section 1 Short
title
Omit all words following
“1912”.
5.10Baptist Churches of New South Wales Property Trust Act
1984 No 4
Section 3
Arrangement
Omit the section.
5.11Botany
Cemetery and Crematorium Act 1972 No
6
Section 2 Division of
Act
Omit the section.
5.12Cabramatta Park Act 1922 No
35
[1]Section 2,
heading
Insert “Registration of transfer of
land” as the heading to the section.
[2]Section 3,
heading
Insert “Use of transferred land as a
park” as the heading to the section.
5.13Chipping Norton Lake Authority Act 1977 No
38
Section 5
Arrangement
Omit the section.
5.14Churches of Christ in New South Wales Incorporation Act
1947 No 2
Section 1 Short title and
commencement
Omit section 1 (3).
5.15Coastal Protection Act 1979 No
13
Section 3
Arrangement
Omit the section.
5.16Companies (Application of Laws) Act 1981 No
122
Section 3
Arrangement
Omit the section.
5.17Companies (Death Duties) Act 1901 No
30
The whole
Act
Omit each heading that is not a section heading,
a Schedule heading or a Column heading.
5.18Companies (Transfer of Domicile) Act 1968 No
15
Section 2 Division of
Act
Omit the section.
5.19Constitution Further Amendment (Referendum) Act
1930 No 2
Section 2 Division into
Parts
Omit the section.
5.20Contracts Review Act 1980 No
16
Section 3
Arrangement
Omit the section.
5.21Conversion of Cemeteries Act 1974 No
17
Section 3 Division of
Act
Omit the section.
5.22Conveyancing Act 1919 No
6
[1]Part 1A
Insert before section 1:
Part 1APreliminary
[2]Part 4, Division
1A
Insert before section 52:
Division 1AApplication of
Part
[3]Part 6, Division
1A
Insert before section 69:
Division 1AApplication of
Part
[4]Part 6,
headings
Omit each heading that is not a Division heading
or a section heading.
[5]Part 8, Division
1A
Insert before section 116:
Division 1AApplication of
Part
[6]Part 15,
headings
Omit each heading that is not a section
heading.
5.23Conveyancing and Law of Property Act 1898 No
17
[1]The whole
Act
Omit each heading that is not a Part heading, a
section heading, a Schedule heading or a Column
heading.
[2]Part 1A
Insert before section 1:
Part 1APreliminary
[3]Section 1 Short
title
Omit all words following
“1898” in section 1 (1).
5.24Conveyancing and Law of Property (Supplemental) Act
1901 No 37
[1]Part 1A
Insert before section 1:
Part 1AName of
Act
[2]Section 1 Name of
Act
Omit all words following
“1898”.
5.25Coroners Act 1980 No
27
[1]Schedule 3 Savings and
transitional provisions
Insert “Appointment as coroner or deputy
coroner” as the heading to clause 1.
[2]Schedule 3, clause
2
Insert “Pending proceedings” as the
heading.
[3]Schedule 3, clause
3
Insert “Warrants of commitment or
recognizances” as the heading.
[4]Schedule 3, clause
5
Insert “Depositions” as the
heading.
5.26Country Industries (Pay-roll Tax Rebates) Act
1977 No 79
Section 3
Arrangement
Omit the section.
5.27Crimes
Act 1900 No 40
[1]Part 4, Chapter 2, Division 1,
heading
Omit the heading. Insert instead:
Subdivision 1Interpretation
[2]Part 4, Chapter 2, Division 2,
heading
Omit the heading. Insert instead:
Subdivision 2Crimes against property
generally
[3]Part 4, Chapter 2, Division 3,
heading
Omit the heading. Insert instead:
Subdivision 3Crimes relating to particular
kinds of property
[4]The whole
Act
Omit “CHAPTER” wherever occurring.
Insert instead “Division”.
[5]The whole
Act
Omit “Chapter” wherever occurring.
Insert instead “Division”.
[6]Part 14, Division
1A
Insert before section 475C:
Division 1Interpretation
[7]Section
501
Omit all matter regarding the repealed section,
including the matter regarding the section replacing
it.
5.28Crimes
Prevention Act 1916 No 80
The whole
Act
Omit each heading that is not a section
heading.
5.29Criminal Appeal Act 1912 No
16
Section 1 Name of
Act
Omit all words following
“1912”.
5.30Criminal Procedure
Amendment (Indictable Offences) Act 1995 No
22
Schedule 2 Consequential
amendment of other Acts
Omit “Chapter” wherever occurring in
Schedule 2.3 [5] and [6].
Insert instead
“Division”.
5.31Dairy Industry Act
1979 No 208
[1]Schedule 5 Savings and
transitional provisions
Omit from Part 2 each heading that is not a Part
heading or a clause heading.
[2]Schedule 5, Part
2
Insert before clause 17:
Division 1Provisions consequent on
enactment of Dairy Industry (Amendment) Act
1989
[3]Schedule 5, Part
2
Insert before clause 18:
Division 2Provisions consequent on
enactment of Dairy Industry (Corporations) Amendment Act
1992
5.32David
Berry Hospital Act 1906 No 53
The whole
Act
Omit each heading that is not a section heading
or a Schedule heading.
5.33Dental
Technicians Registration Act 1975 No
40
Section 3 Division of
Act
Omit the section.
5.34Destitute Children’s Society (Vesting) Act
1916 No 82
The whole
Act
Omit each heading that is not a section heading
or a Schedule heading.
5.35Drainage Act
1939 No 29
Section 1 Name of Act and
commencement
Omit all words following
“1939” in section 1 (1).
5.36Employment Protection Act 1982 No
122
Section 3
Arrangement
Omit the section.
5.37Encroachment of Buildings Act 1922 No
23
The whole
Act
Omit each heading that is not a section heading,
a Schedule heading or a clause heading.
5.38Exotic
Diseases of Animals Act 1991 No 73
Dictionary of terms used in
this Act, heading
Omit “OF TERMS USED IN THIS
ACT”.
5.39Family
Provision Act 1982 No 160
Section 3
Arrangement
Omit the section.
5.40Fish River Water Supply
Administration Act 1945 No 16
Section 1 Short
title
Omit section 1 (2).
5.41Forestry Act 1916 No
55
[1]The whole
Act
Omit each heading that is not a Part heading, a
Division heading, a section heading, a Schedule heading or a clause
heading.
[2]Part 1A
Insert before section 1:
Part 1APreliminary
5.42Frustrated Contracts Act 1978 No
105
Section 3
Arrangement
Omit the section.
5.43Funeral Funds Act 1979 No
106
Section 3
Arrangement
Omit the section.
5.44Glen
Davis Act 1939 No 38
Section 1 Short title and
commencement
Omit section 1 (4).
5.45Horticultural Stock and
Nurseries Act 1969 No 3
Section 2 Division of
Act
Omit the section.
5.46Imperial Acts Application Act 1969 No
30
Section 3 Division into Parts
and Divisions
Omit the section.
5.47Impounding Act 1993 No
31
Dictionary of expressions used
in this Act, heading
Omit “OF EXPRESSIONS USED IN THIS
ACT”.
5.48Inebriates Act 1912 No
24
[1]The whole
Act
Omit each heading that is not a section heading,
a Schedule heading or a heading in a Schedule.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 3:
Part 2Applications to commit
inebriates
[4]Part 3
Insert before section 11:
Part 3Convicted
inebriates
[5]Part 4
Insert before section 14:
Part 4General and
supplemental
5.49Infants’ Custody and Settlements Act 1899
No 39
[1]Part 1A
Insert before section 1:
Part 1APreliminary
[2]Section 1 Short
title
Omit section 1 (2).
5.50Inscribed Stock (Issue and Renewals) Act 1912 No
51
[1]The whole
Act
Omit each heading that is not a section
heading.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 3:
Part 2Issue of stock for
loans
[4]Part 3
Insert before section 4:
Part 3Conversion of debentures and
stock
[5]Part 4
Insert before section 7A:
Part 4Issue of Treasury
Bills
[6]Part 5
Insert before section 8:
Part 5Issue and inscription of
stock
[7]Part 6
Insert before section 15:
Part 6Penalties
[8]Part 7
Insert before section 16:
Part 7Savings
5.51Insurance Act 1902 No
49
Section 1 Short
title
Omit all words following
“1902”.
5.52Interest Reduction Act 1931 No
44
Section 1 Short title and
commencement
Omit section 1 (3).
5.53Irrigation, Water and
Rivers and Foreshores Improvement (Amendment) Act 1955 No
12
Section 1 Short
title
Omit section 1
(2)–(5).
5.54Judgment Creditors’ Remedies Act 1901 No
8
Section 1 Short
title
Omit all words following
“1901”.
5.55Land
Agents Act 1927 No 3
[1]The whole
Act
Omit each heading that is not a section
heading.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 4:
Part 2Registration
[4]Part 3
Insert before section 8:
Part 3Taxation of bill of land
agent
[5]Part 4
Insert before section 10:
Part 4Orders
[6]Part 5
Insert before section 12:
Part 5Rules
5.56Land
Development Contribution Management Act 1970 No
22
Section 2 Division of
Act
Omit the section.
5.57Land
Sales Act 1964 No 12
[1]Fifth
Schedule
Omit “paragraph 6 (a)” from paragraph
3. Insert instead “paragraph 6 (1)”.
[2]Fifth Schedule, paragraph
6
Renumber subparagraphs (a)–(c) as
(1)–(3).
[3]Fifth Schedule, paragraph
8
Omit “paragraph 6 (a)”. Insert
instead “paragraph 6 (1)”.
5.58Land
Tax Management Act 1956 No 26
[1]Schedule 2 Savings and
transitional provisions
Insert before clause 1A:
Part 1Preliminary
[2]Schedule
2
Omit each heading that is not a Part heading or a
clause heading.
[3]Schedule 2, Part
2
Insert before clause 2:
Part 2Provisions consequent on
enactment of Land Tax Management (Amendment) Act
1988
[4]Schedule 2, Part
3
Insert before clause 9:
Part 3Provisions consequent on
enactment of Land Tax Management (Amendment) Act
1989
[5]Schedule 2, Part
4
Insert before clause 10:
Part 4Provisions consequent on
enactment of Land Tax (Amendment) Act 1990 and
Land
Tax Management (Amendment) Act
1990
[6]Schedule 2, Part
5
Insert before clause 14:
Part 5Provisions consequent on
enactment of Land Tax Management (Further Amendment) Act
1990
[7]Schedule 2, Part
6
Insert before clause 16:
Part 6Provisions consequent on
enactment of Stamp Duties (Miscellaneous Amendments) Act
1990
[8]Schedule 2, Part
7
Insert before clause 17:
Part 7Provisions consequent on
enactment of Land Tax Management (Amendment) Act
1991
[9]Schedule 2, Part
8
Insert before clause 18:
Part 8Provisions consequent on
enactment of Land Tax Management (Amendment) Act
1992
[10]Schedule 2, Part
9
Insert before clause 23:
Part 9Provisions consequent on
enactment of State Revenue Legislation (Amendment) Act
1994
[11]Schedule 2, Part
10
Insert before clause 24:
Part 10Provisions consequent on
enactment of State Revenue Legislation Further Amendment Act
1997
5.59Landlord and Tenant Act 1899 No
18
Part 1A
Insert before section 1:
Part 1APreliminary
5.60Law
Reform (Miscellaneous Provisions) Act 1946 No
33
Section 1 Short
title
Omit section 1 (2).
5.61Liens
on Crops and Wool and Stock Mortgages Act 1898 No
7
[1]Part 1
Insert before section 1:
Part 1Preliminary
[2]Part 1
Repeal
Omit the heading.
5.62Limitation Act 1969 No
31
Section 3
Division
Omit the section.
5.63Loan
Fund Companies Act 1976 No 94
Section 3 Division of
Act
Omit the section.
5.64Local
Courts Act 1982 No 164
Section 3
Arrangement
Omit the section.
5.65Local
Government (Areas) Act 1948 No 30
Section 2 Division into
Parts
Omit the section.
5.66Local
Government (City of Sydney Boundaries) Act 1967 No
48
Section 2 Division of
Act
Omit the section.
5.67Lord
Howe Island Act 1953 No 39
Section 2 Division into
Parts
Omit the section.
5.68Lutheran Church of Australia (New South Wales District)
Property Trust Act 1982 No 101
Section 3
Arrangement
Omit the section.
5.69Matrimonial Causes Act 1899 No
14
[1]The whole
Act
Omit each heading that is not a Part heading, a
section heading, a Schedule heading or a Column
heading.
[2]Section 1 Short
title
Omit all words following
“1899”.
[3]Section 6,
heading
Omit the heading. Insert instead
“Applications by petition”.
[4]Part 4, Division
1
Insert before section 12:
Division 1Dissolution on petition by
husband
[5]Part 4, Division
2
Insert before section 14:
Division 2Dissolution on petition by
wife
[6]Part 4, Division
3
Insert before section 17:
Division 3Hearing of
petition
[7]Part 4, Division
4
Insert before section 18:
Division 4Dismissal of
petition
[8]Part 4, Division
5
Insert before section 19:
Division 5When decree to be
pronounced
[9]Part 4, Division
6
Insert before section 21:
Division 6Decrees
nisi
[10]Part 4, Division
7
Insert before section 22:
Division 7Decrees
absolute
[11]Part 4, Division
8
Insert before section 24:
Division 8Co-respondents
[12]Part 4, Division
9
Insert before section 25:
Division 9Relief given to
respondent
[13]Part 4, Division
10
Insert before section 26:
Division 10Questions to be fully
argued
[14]Part 4, Division
11
Insert before section 27:
Division 11Re-marriage
[15]Part 7, Division
1
Insert before section 31:
Division 1Separation on petition by
husband or wife
[16]Part 7, Division
2
Insert before section 33:
Division 2Decrees
[17]Section 82,
heading
Omit the heading.
Insert instead “Appeal to Full Court
from decree or order of Court”.
[18]Section 83,
heading
Omit the heading.
Insert instead “Appeal to Court from
decision of Registrar”.
[19]Section 84,
heading
Omit the heading. Insert instead “Who
may apply for a new trial?”.
[20]Section 85,
heading
Omit the heading.
Insert instead “How special verdict and
special case stated”.
5.70Mining
Act 1992 No 29
Dictionary of words and
expressions, heading
Omit “of words and
expressions”.
5.71Minors
(Property and Contracts) Act 1970 No
60
Section 2 Division into
Parts
Omit the section.
5.72Monopolies Act
1923 No 54
Section 2 Division of
Act
Omit the section.
5.73Moratorium Act 1932 No
57
Section 1 Short
title
Omit all words following
“1932”.
5.74Motor
Vehicle Repairs Act 1980 No 71
Section 3
Arrangement
Omit the section.
5.75Murrumbidgee Irrigation Areas Occupiers Relief Act
1934 No 52
Section 2 Division into
Parts
Omit the section.
5.76New
South Wales—Queensland Border Rivers Act 1947 No
10
The whole
Act
Omit each heading that is not a section heading,
a Schedule heading or a heading in a Schedule.
5.77New
South Wales Retirement Benefits Act 1972 No
70
Section 1 Short
title
Omit section 1 (2).
5.78Noxious Weeds Act 1993 No
11
Dictionary of words and
expressions, heading
Omit “of words and
expressions”.
5.79Ombudsman Act 1974 No
68
Section 3 Division of
Act
Omit the section.
5.80Optometrists Act 1930 No
20
Section 3
Arrangement
Omit the section.
5.81Parliamentary Electorates and Elections Act 1912
No 41
[1]Part 4 Officers and
enrolment
Omit each heading that is not a section
heading.
[2]Part 4, Division
1
Insert after the heading to Part 4:
Division 1Districts and
subdivisions
[3]Part 4, Division
2
Insert before section 25:
Division 2Officers
[4]Part 4, Division
3
Insert before section 26:
Division 3Rolls
[5]Part 4, Division
4
Insert before section 32:
Division 4Enrolment
[6]Part 4, Division
5
Insert before section 42:
Division 5Objections
[7]Part 4, Division
6
Insert before section 48:
Division 6Appeals
[8]Part 4, Division
7
Insert before section 50:
Division 7Copy of roll for
election
[9]Part 4, Division
8
Insert before section 51:
Division 8Miscellaneous
5.82Pathology Laboratories
Accreditation Act 1981 No 51
Section 3
Arrangement
Omit the section.
5.83Port
Kembla Inner Harbour Construction and Agreement Ratification Act
1955 No 43
Section 1 Short
title
Omit section 1 (2).
5.84Private Irrigation
Districts Act 1973 No 47
Section 3 Division of
Act
Omit the section.
5.85Protected Estates Act 1983 No
179
Section 3
Arrangement
Omit the section.
5.86Public
Authorities (Financial Arrangements) Act 1987 No
33
Schedule 4 Investment powers
of authorities
Omit all headings in the
Schedule.
5.87Public
Trustee Act 1913 No 19
[1]Section 2
Arrangement
Omit the section.
[2]Parts 2, 3 and
4
Omit each heading that is not a Part heading or a
section heading.
[3]Part 3, Division
1
Insert before section 12:
Division 1General
[4]Part 3, Division
2
Insert before section 13:
Division 2Public Trustee as
trustee
[5]Part 3, Division
3
Insert before section 18:
Division 3Public Trustee as executor or
administrator
[6]Part 3, Division
4
Insert after section 18A:
Division 4Public Trustee as collector
under an order to collect
[7]Part 3, Division
5
Insert before section 34:
Division 5Special powers of Public
Trustee
[8]Part 3, Division
6
Insert before section 36:
Division 6Investments
[9]Part 3, Division
7
Insert before section 38:
Division 7Accounts
[10]Part 3, Division
8
Insert before section 43:
Division 8Shares and
stock
[11]Part 3, Division
9
Insert before section 43A:
Division 9Entitlement to costs in
certain cases
[12]Part 3, Division
10
Insert before section 44:
Division 10Protection to Public
Trustee
5.88Racing
Appeals Tribunal Act 1983 No 199
Section 3
Arrangement
Omit the section.
5.89Rail
Safety Act 1993 No 50
Dictionary of words and
expressions, heading
Omit “OF WORDS AND
EXPRESSIONS”.
5.90Returned and Services League of Australia (New South Wales
Branch) Incorporation Act 1935 No 39
[1]Section 4 Rights, liabilities,
property and other provisions relating to League
Omit “The Schedule to this Act”.
Insert instead “Schedule 1”.
[2]Schedule
1
Omit the heading to the Schedule. Insert
instead:
Schedule 1The Returned and Services
League of Australia (New South Wales Branch)
[3]Schedule 1, Part
1
Omit the heading “Rights, Liabilities and
Property”.
Insert instead “Part 1 Rights,
liabilities and property”.
[4]Schedule 1, Part
2
Omit the heading “Common Seal”.
Insert instead “Part 2 Common seal”.
[5]Schedule 1, Part
3
Omit the heading “Notices”. Insert
instead “Part 3 Notices”.
[6]Schedule 1, Part
4
Omit the heading “Constitution and
Amendments thereof to be Registered”.
Insert instead “Part 4 Constitution and
amendments to be registered”.
[7]Schedule 1, Part
5
Omit the heading “Office”. Insert
instead “Part 5 Office”.
[8]Schedule 1, Part
6
Omit the heading “Savings”. Insert
instead “Part 6 Savings”.
5.91Royal
Botanic Gardens and Domain Trust Act 1980 No
19
Section 3
Arrangement
Omit the section.
5.92Royal
North Shore Hospital of Sydney Act 1910 No
20
[1]The whole
Act
Omit each heading that is not a section heading
or a Schedule heading.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 4:
Part 2The
institution
[4]Part 3
Insert before section 8:
Part 3Board of
directors
[5]Part 4
Insert before section 25:
Part 4Miscellaneous
5.93Rural
Reconstruction Act 1939 No 45
Section 1 Short
title
Omit section 1 (4).
5.94Rural
Workers Accommodation Act 1969 No 34
[1]The
Schedule
Insert “The following provisions
apply:” before clause (3) (i) of Part 1.
[2]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (6) (i).
[3]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (9) (i).
[4]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (12) (i).
[5]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (13) (i).
[6]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (16) (i).
[7]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (17) (i).
[8]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (18) (i).
[9]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (21) (i).
[10]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (25) (i).
[11]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (26) (i).
[12]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (29) (i).
[13]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (33) (i).
[14]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (36) (i).
[15]The Schedule, Part
1
Insert “The following provisions
apply:” before clause (37) (i).
[16]The Schedule, Part
2
Insert “Application of certain
provisions of Part 1.” before “The provisions” in clause
(1).
[17]The Schedule, Part
2
Insert “The following provisions
apply:” before clause (5) (i).
5.95Sale
of Goods Act 1923 No 1
[1]The whole
Act
Omit each heading that is not a Part heading, a
section heading, a Schedule heading, a clause heading or a heading in a
table.
[2]Section 2
Arrangement
Omit the section.
5.96School
Forest Areas Act 1936 No 20
Section 1 Short
title
Omit section 1 (2).
5.97Securities Industry (Application of Laws) Act
1981 No 61
Section 3 Division into
Parts
Omit the section.
5.98Special Commissions of Inquiry Act 1983 No
90
Section 2
Arrangement
Omit the section.
5.99Sporting Injuries Insurance Act 1978 No
141
Section 3
Arrangement
Omit the section.
5.100Stamp
Duties Act 1920 No 47
[1]Second Schedule Stamp duties
and exemptions
Insert after the heading to the Schedule:
Part 1Stamp duty
payable
[2]Second Schedule, Part
2
Omit the heading “GENERAL EXEMPTIONS
FROM STAMP DUTY UNDER PART 3”.
Insert instead:
Part 2General exemptions from stamp
duty under Part 3
5.101State Coal Mines Act
1912 No 70
[1]The whole
Act
Omit each heading that is not a section heading,
a Schedule heading or a clause heading.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 2:
Part 2Setting apart and acquisition
of land
[4]Part 3
Insert before section 11:
Part 3Establishment and management
of State coal mines
[5]Second
Schedule
Insert “The following provisions
apply:” before clause 4 (a).
[6]Second
Schedule
Insert “The following provisions
apply:” before clause 8 (a).
[7]Second
Schedule
Insert “The following provisions
apply:” before clause 9 (a).
[8]Second
Schedule
Insert “The following provisions
apply:” before clause 11 (a).
[9]Second
Schedule
Insert “The following provisions
apply:” before clause 12 (a).
5.102Surveyors Act 1929 No
3
[1]Section 2
Arrangement
Omit the section.
[2]Parts 4 and 5,
headings
Omit each heading that is not a Part heading or a
section heading.
[3]Part 4, Division
1
Insert before section 10:
Division 1Preliminary
[4]Part 4, Division
2
Insert before section 12:
Division 2Powers and duties of
surveyors
[5]Part 4, Division
3
Insert before section 14:
Division 3Charges against
surveyors
[6]Part 5, Division
1
Insert before section 17:
Division 1General
[7]Part 5, Division
2
Insert before section 26:
Division 2Taxation of bill of
surveyor
5.103Swimming Pools Act 1992 No
49
Dictionary of words and
expressions, heading
Omit “OF WORDS AND
EXPRESSIONS”.
5.104Swine
Compensation Act 1928 No 36
Section 2 Division into
Parts
Omit the section.
5.105Sydney
Turf Club Act 1943 No 22
[1]First Schedule Regulations for
the Sydney Turf Club
Insert “The following provisions
apply:” before clause 1 (a).
[2]First
Schedule
Insert “The following provisions
apply:” before clause 5 (a).
[3]First
Schedule
Insert “The following provisions
apply:” before clause 8A (a).
[4]First
Schedule
Insert “The following provisions
apply:” before clause 16 (a).
5.106Testator’s Family Maintenance and Guardianship of
Infants Act 1916 No 41
[1]The whole
Act
Omit each heading that is not a section
heading.
[2]Part 1
Insert before section 1:
Part 1Preliminary
[3]Part 2
Insert before section 3:
Part 2Testator’s family
maintenance
[4]Part 3
Insert before section 13:
Part 3Guardianship of
minors
[5]Part 4
Insert before section 22:
Part 4General
5.107Transport Appeal Boards Act 1980 No
104
Section 3
Arrangement
Omit the section.
5.108Transport Employees Retirement Benefits Act 1967
No 96
Section 2 Division of
Act
Omit the section.
5.109Trustee Act 1898 No
4
[1]The whole
Act
Omit each heading that is not a Part heading, a
section heading or a Schedule heading.
[2]Part 1A
Insert before section 1:
Part 1APreliminary
[3]Section 1 Short
title
Omit all words following
“1898”.
5.110Trustee Act 1925 No
14
[1]The whole
Act
Omit each heading that is not a Part heading, a
Division heading, a section heading, a Schedule heading, a clause heading or a
Column heading.
[2]Part 1A
Insert before section 1:
Part 1APreliminary
[3]Section 2
Arrangement
Omit the section.
5.111Uniting Church in Australia Act 1977 No
47
[1]Section 3 Division of
Act
Omit the section.
[2]Schedule 4 Provisions
affecting particular instruments, etc.
Insert “Amendment of Memorandum or Articles
of Association” as the heading to clause 5.
5.112Victims Compensation Act 1996 No
115
Schedule 1 Compensable
injuries
Insert “The following provisions
apply:” before clause 9 (a).
5.113Western Lands Act 1901 No
70
Schedule C Savings,
transitional and other provisions
Omit the heading to the matter relating to the
Western Lands (Crown Lands) Amendment Act
1989 before clause 1.
Insert instead:
Part 1DProvisions consequent on
enactment of Western Lands (Crown Lands) Amendment Act
1989
5.114Wills,
Probate and Administration Act 1898 No
13
Part 1AA
Insert before section 1:
Part 1AAPreliminary
5.115Workers’ Compensation (Brucellosis) Act
1979 No 116
Section 3
Arrangement
Omit the section.
5.116Zoological Parks Board Act 1973 No
34
Section 3 Division of
Act
Omit the section.
Schedule 6Amendments replacing
gender-specific language in the Justices Act
1902
(Section 3)
[1]Sections 3 (3), 20, 23, 24,
25, 28 (1), 31 (1) and (2) (b), 34 (1) (b), 36 (2) and (3), 39 (1), 41 (1A),
(1B) (b), (4) (i) (b) and 5 (i), 43 (1), 49A, 50 (1A) (b), 51A (4), 54, 56
(2), 59, 60 (1), 63 (1) and (2) (a), 66 (1) and (2) (b), 68 (b), 69 (1) (b)
(ii), 70 (2) and (3), 74, 78 (3), 96A, 97 (1A) (b), 98 (1), 135 (1), 136 (1),
137 (a), 140, 141 (3), 143 (1) (c), 153A (1) and (2) (a) and 154 (3)
(a)
Insert “or her” after
“his” wherever occurring.
[2]Section
19
Omit “his”.
[3]Section 25 (2)
(a)
Omit “him”. Insert instead “the
gaoler”.
[4]Sections 25 (2) (a), 28 (1),
42 (1), 49A (2) (a), 51A (4), 52, 63 (1), 66 (2), 96 (1), 96A (2) (a) and 153A
(1) (a)
Omit “he” wherever occurring. Insert
instead “the person”.
[5]Section 25 (2)
(b)
Omit “him” where firstly and fourthly
occurring. Insert instead “the person”.
[6]Section 25 (2)
(b)
Omit “him” where secondly and thirdly
occurring. Insert instead “the Justice”.
[7]Section 25 (2)
(b)
Omit “he”. Insert instead “that
Justice”.
[8]Sections 28 (1), 29 (1) (e),
31 (2), 41 (1), 42 (1), 43 (1), 49A (2), 51A (4) (b), 64 (1) (e), 66 (2), 96A
(2) and 153A (1) (b) and (2) (a)
Omit “him” wherever occurring. Insert
instead “the person”.
[9]Sections 34 (1) (b) and 35
(1)
Omit “him” wherever occurring. Insert
instead “the defendant”.
[10]Sections 34 (1), 35 (2) and 39
(2)
Omit “him or them” wherever
occurring. Insert instead “the Justice or
Justices”.
[11]Sections 35 (2) and 41 (4) (i)
(b)
Omit “he” wherever occurring. Insert
instead “the defendant”.
[12]Sections 36 (1), (2), (3) and
(5), 50 (1A) (b), 51A (1) (d) (i), 63 (1), 69 (1), 70 (1), (2) and (3), 78
(2), 97 (1A) (b), 141 (3) and 144
Insert “or her” after
“him” wherever occurring.
[13]Sections 36 (1), 49A (1), 51A
(1) (d) (ii) and (7), 56 (2), 68 (b) and (c), 70 (1), 78, 96A (1), 136 (1),
137, 140 (2), 141 (2), 144 and 153A (1A)
Insert “or she” after
“he” wherever occurring.
[14]Sections 36 (2) and (3) and 70
(2) and (3)
Insert “or herself” after
“himself” wherever occurring.
[15]Sections 41 (1A), 49 (1), 49A
(3), 65 (3), 74, 86 (1) and 96A (3)
Omit “he or they” wherever occurring.
Insert instead “the Justice or Justices”.
[16]Sections 41 (4), (5) and (7)
and 78 (1)
Omit “him” wherever occurring. Insert
instead “the defendant”.
[17]Section 41 (5)
(i)
Omit “he” where firstly occurring.
Insert instead “the defendant”.
[18]Section 41 (5)
(i)
Insert “or she” after
“he” where lastly occurring.
[19]Sections 41 (5) (i) and 68
(c)
Insert “or herself” after
“himself” wherever occurring.
[20]Section 49
(1)
Insert “or she” after
“he” where secondly occurring.
[21]Section 49
(5)
Insert “or her” after
“his” where firstly occurring.
[22]Sections 49 (5), 68 (a), 96
(5) and 153 (1B)
Omit “his or their” wherever
occurring.
Insert instead “the Justice’s or
Justices’“.
[23]Section 68
(c)
Omit “or his”. Insert instead
“or by his or her”.
[24]Section 70
(5)
Omit “him”. Insert instead “the
witness”.
[25]Section 76
(1)
Omit “his or their”. Insert instead
“his, her or their”.
[26]Section 81
(1)
Omit “him” wherever occurring. Insert
instead “the clerk”.
[27]Section 96
(5)
Omit “upon his”. Insert instead
“on the person’s”.
[28]Sections 135 (1), 136 (1), 137
(a), 140 and 153A (3) (c)
Omit “him” wherever occurring. Insert
instead “the Justice”.
[29]Sections 141 (3) and 143
(1)
Omit “he” wherever occurring. Insert
instead “the plaintiff”.
[30]Section 153
(1)
Omit “upon his” wherever occurring.
Insert instead “on the person’s”.
[31]Section 153
(1)
Omit “his” where lastly
occurring.
[32]Section 153
(1B)
Insert “or her” after
“his” where secondly occurring.
[33]Section 153A (3)
(a)
Omit “he”. Insert instead “the
Justice”.
Schedule 7Repeals
(Section 4)
Juvenile Migrants Act 1926 No
8***
Sydney Corporation (Amendment) Act 1934 No
9**
The King’s School Council (Amendment) Act 1963 No
24*
Public Hospitals (Amendment) Act 1976 No
95****
Sancta Sophia College Incorporation (Amendment) Act 1978
No 58*
Walker Trusts (Amendment) Act 1983 No
207*
Public Hospitals (Amendment) Act 1983 (1984 No
2)****
Miscellaneous Acts (Credit) Repeal and Amendment Act
1984 No 100*
Statute Law (Miscellaneous Amendments) Act 1984 No
153*
Statute Law (Miscellaneous Provisions) Act (No 2) 1987 No
209*
Miscellaneous Acts (Crown Lands) Amendment Act 1989 No
9*
Corporate Affairs Commission (Auditors and Liquidators)
Amendment Act 1989 No 35*
Fair Trading (Amendment) Act 1990 No
85****
Liquor (Amendment) Act 1993 No 28****
Registered Clubs (Amendment) Act 1993 No
29****
Health Legislation (Miscellaneous Amendments) Act 1994 No
19**
Parliamentary Committees Legislation Amendment Act 1995
No 3**
Courts Legislation Amendment Act 1995 No
21**
Standard Time Amendment Act 1995 No 31**
Disorderly Houses Amendment Act 1995 No
53**
Government Pricing Tribunal Amendment Act 1995 No
97**
Children (Community Service Orders) Amendment (Maximum Hours)
Act 1996 No 35**
Residential Tenancies Amendment Act 1996 No
79**
Community Land Development Amendment Act 1996 No
80**
Local Government Amendment (Nude Bathing) Act 1996 No
133**
Marketing of Primary Products Amendment Act 1996 No
136**
Parliamentary Committees Enabling Act 1996 No
143***
Local Government Amendment (Cudgegong Abattoir) Act 1997
No 1**
Sentencing Amendment (Transitional) Act 1997 No
8**
Police Service Amendment Act 1997 No 23**
Local Government Amendment Act 1997 No
61**
New South Wales Cancer Council Amendment Act 1997 No
69**
Noxious Weeds Amendment Act 1997 No 70**
Registered Clubs and Liquor Legislation Amendment Act
1997 No 73**
Real Property and Conveyancing Amendment Act 1997 No
95**
Justices Amendment (Briefs of Evidence) Act 1997 No
96**
Evidence Amendment (Confidential Communications) Act
1997 No 122**
WorkCover Legislation Amendment Act 1997 No
134**
Crimes Legislation Further Amendment Act 1997 No
135**
Local Government Amendment (Open Meetings) Act 1997 No
145**
Summary Offences Amendment Act 1997 No
148**
Liquor and Registered Clubs Legislation Amendment Act
1997 No 155 (only so much of Schedule 2 [7] as would insert
section 23AB (3) and (4) of the Liquor Act
1982)****
Marketing of Primary Products (Murray Valley Wine Grape
Industry) Special Provisions Act 1998 No 22***
Notes
*
indicates repeal of an amending Act enacted at
least 10 years ago (the provisions of which have not all been included in a
reprint) but which contains no provision of substantive effect that needs to
be retained
**
indicates repeal of an amending Act the
provisions of which have been included in a reprint and which contains no
provision of substantive effect that needs to be retained, or which amends a
repealed Act
***
indicates repeal of an Act that is no longer of
practical utility
****
indicates repeal of an Act or part of an Act that
is uncommenced
Explanatory
note
The repeals are explained in detail in the
explanatory note relating to this Act. In relation to the repeal of amending
Acts, it should be noted that the Acts are repealed simply to rationalise the
legislation in force and that the repeals have no substantive effect on the
amendments made by the Acts or any associated provisions. The Acts that were
amended by the Acts being repealed are up-to-date on the Legislation Database
maintained by the Parliamentary Counsel’s Office and are available
electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that,
when an amending Act is repealed, no amendment made by the Act is affected.
Section 30 (2) also ensures that the following matters are not
affected:
(a)
the proof of any past act or
thing,
(b)
any right, privilege, obligation or liability
saved by the operation of the Act,
(c)
any validation made by the
Act,
(d)
the operation of any savings or transitional
provision contained in the Act.
Schedule 8General savings, transitional
and other provisions
(Section 5)
1Effect of amendment of
amending provisions
(1)
An amendment made by Schedule 1 or 2 to an
amending provision contained in an Act is, if the amending provision has
commenced before the date of assent to this Act, taken to have effect as from
the commencement of the amending provision.
(2)
In this clause:
amending
provision means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes a direct
amendment to an Act by:
(a)
the repeal or omission of matter contained in the
amended Act without the insertion of any matter instead of the repealed or
omitted matter, or
(b)
the omission of matter contained in the amended
Act and the insertion of matter instead of the omitted matter,
or
(c)
the insertion into the amended Act of matter, not
being matter inserted instead of matter omitted from the
Act,
whether the provision was enacted before or after the
commencement of the Reprints Act
1972.
Explanatory
note
This clause ensures that certain amendments,
including amendments correcting errors in the technical provisions (for
example, headings indicating the section to be amended or directions as to
where a new section is to be inserted) and rectifying minor drafting errors
(for example, corrections in numbering of provisions, correction or insertion
of cross-references, omission of unnecessary matter or insertion of omitted
matter), will commence on the date the amendments to which they relate
commenced.
2Effect of amendment or repeal
on acts done or decisions made
Except where it is expressly provided to the
contrary, if this Act:
(a)
amends a provision of an Act,
or
(b)
repeals and re-enacts (with or without
modification) a provision of an Act,
any act done or decision made under the provision
amended or repealed has effect after the amendment or repeal as if it had been
done or made under the provision as so amended or repealed.
Explanatory
note
This clause ensures that the amendment or repeal
of a provision will not, unless expressly otherwise provided, vitiate any act
done or decision made under the provision as in force before the amendment or
repeal.
3Effect of amendment on
regulations
Except where expressly provided to the contrary,
any regulation made under an Act amended by this Act, and in force immediately
before the commencement of the amendment, is taken to have been made under the
Act as amended.
Explanatory
note
This clause ensures that, unless expressly
provided, any regulation made under an Act amended by the proposed Act, and in
force immediately before the commencement of the amendment, will be taken to
have been made under the amended Act.
4Amendments removing
gender-specific language
The amendments made to the Justices Act 1902 by Schedule 6 are made
for the purpose of replacing gender-specific language with gender-neutral
language. The amendments contained in that Schedule do not affect the
construction or meaning of the Act.
Explanatory
note
This clause ensures that amendments that are made
solely for the purpose of removing gender-specific language from the Justices Act 1902 do not have any
unintended consequences.
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 in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Explanatory
note
This clause enables the making of regulations of
a savings or transitional nature having a short term effect and relating to
incidental matters arising out of the proposed Act with regard to which no
specific, or sufficient, provision has been made in the
Act.
Historical
notes
Table of amending
instruments
Statute Law
(Miscellaneous Provisions) Act 1999 No 31. Assented to
7.7.1999. Date of commencement, Schs 1–3 excepted, assent, sec 2 (1);
date of commencement of Schs 1–3 (except Schs 1.10, 1.30 [2], 1.50, 2.6,
2.7, 2.22 [1] and 3.9), assent, sec 2 (2); date of commencement of Sch 1.10,
1.3.1999, Sch 1.10; date of commencement of Sch 1.30 [2], 1.3.1999, Sch 1.30;
date of commencement of Sch 1.50 [1]–[3], 1.7.1999, Sch 1.50; date of
commencement of Sch 1.50 [4], 1.3.1999, Sch 1.50; date of commencement of Sch
2.6, 1.3.1999, Sch 2.6; date of commencement of Sch 2.7, 1.1.1999, Sch 2.7;
date of commencement of Sch 2.22 [1], 1.7.1999, Sch 2.22; date of commencement
of Sch 3.9, 1.3.1999, Sch 3.9. This Act has been amended as follows:
1999
No
85
Statute Law
(Miscellaneous Provisions) Act (No 2) 1999. Assented to
3.12.1999.
Date of commencement of Sch 2.62, assent, sec 2
(2).
Table of
amendments
Sch
2
Am 1999 No
85, Sch 2.62.