1999
1999
2004-12-21
act
publicspecial
act.reprint
partuncommenced
2004-12-21
act-2004-115
none
act-1999-085
5b2f0382-f91b-4891-a4d9-3a24a5d4e622
7675fe44-f8a1-4a2d-8696-fc6c2830d286
Note—
The Act was repealed by the University Legislation Amendment Act 2004 No
115, sec 4 with effect from 21.12.2004.
An Act to repeal certain Acts and to amend
certain other Acts in various respects and for the purpose of effecting
statute law revision; and to make certain savings.
1Name of
Act
This Act is the Statute Law
(Miscellaneous Provisions) Act (No 2)
1999.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by subsection (2).
(2)
The amendments made by Schedules 1 and 2 commence
on the day or days specified in those Schedules in relation to the amendments
concerned. If a commencement day is not specified, the amendments commence on
the date of assent.
3Amendments
Each Act specified in Schedules 1–3 is
amended as set out in those Schedules.
4Repeals
Each Act specified in Schedule 4 is, to the
extent indicated in that Schedule, repealed.
5General savings, transitional
and other provisions
Schedule 5 has effect.
6Explanatory
notes
The matter appearing under the heading
“Explanatory note” in any of the Schedules does not form part of
this Act.
Schedule 1Minor
amendments
(Section 3)
1.1Associations Incorporation Act 1984 No
143
[1]Schedule 2 Provisions relating
to property, liabilities, etc, of incorporated
associations
Insert “, to duty under the Duties Act 1997” after
“duty” in clause 10.
[2]Schedule 2, clause 10
(2)
Insert at the end of the clause:
(2)
A dutiable transaction within the meaning of the
Duties Act 1997 that is not in writing
and that occurs only for:
(a)
a purpose ancillary to, or consequential on, the
operation of this Schedule, or
(b)
the purpose of giving effect to this
Schedule,
is not liable to duty under the Duties
Act 1997.
Explanatory
note
Clause 10 of Schedule 2 to the Associations Incorporation Act 1984
exempts an association incorporated under the Act from liability for any stamp
duty or to any fee or charge payable under any Act for registration of a
document or instrument brought into existence for the purposes of the
incorporation of the association under the Act. Item [1] of the proposed
amendments extends the exemption to duty under the Duties
Act 1997.
Under the Duties Act
1997, a transaction for which a liability for duty arises
can occur without a document or instrument being brought into existence to
effect the transaction. Item [2] of the proposed amendments makes it clear
that the exemption from liability to pay duty under the Duties
Act 1997 extends to dutiable transactions that are not in
writing.
1.2Banana
Industry Act 1987 No 66
Schedule 3 Savings,
transitional and other provisions
Insert after clause 14 (4):
(5)
Despite clause 1 (2) of Schedule 1 and subclause
(2) of this clause but subject to the other provisions of this Act, the
regional member who assumed office on 30 July 1997 to represent the Nambucca
Region holds that office until the end of 29 September
2000.
Explanatory
note
In 1996, the Banana Industry
Act 1987 was amended to provide for the election of
members to the Banana Industry Committee to represent a number of industry
regions determined by the Minister administering the Act. Six regions were
established and elections accordingly held for each region.
The election for the regional member for the
Nambucca Region was uncontested with the result that the only candidate
assumed office on 30 July 1997, earlier than the other regional members who
assumed office on 30 September 1997 after ballots were held. The Minister
determined the terms of office for the initial regional members so as to
provide for two members to come up for election each year. The terms of office
of the regional member for the Nambucca Region and one other regional member
expire 3 years from the date of their election.
The proposed amendment extends the term of office
of the regional member for the Nambucca Region from the end of 29 July 2000 to
the end of 29 September 2000 to bring it into line with the expiration of the
term of office of the other regional member due to vacate office next
year.
1.3Board
of Adult and Community Education Act 1990 No
119
[1]Section 5 Membership of
Board
Omit “9” from section 5 (1) (a).
Insert instead “10”.
[2]Section 5 (1)
(c)
Omit the paragraph.
[3]Section 5 (1)
(d)
Omit “Department of Further Education,
Training and Employment”.
Insert instead “Department of Education and
Training”.
[4]Schedule 1 Provisions relating
to members of Board
Omit “section 5 (1) (c)–(e)”
from the definition of ex-officio member in clause
1.
Insert instead “section 5 (1) (d) or
(e)”.
Explanatory
note
Item [1] of the proposed amendments increases
(from 9 to 10) the number of community members on the Board of Adult and
Community Education constituted under the Board of Adult
and Community Education Act 1990.
Item [2] of the proposed amendments omits a
provision so as to change the number of representatives of the Department of
Education and Training on the Board from 2 to 1. The representative of the
Department will be the Director-General of that Department. No change is made
to section 5 (1) (b) which provides for a member to be appointed on the
nomination of the TAFE Commission Board.
Item [3] of the proposed amendments updates a
reference to a Department.
Item [4] of the proposed amendments makes a
consequential amendment.
1.4Board
of Vocational Education and Training Act 1994 No
33
[1]Section 3
Definitions
Omit “section 5 (2) (d)” from the
definition of appointed
member in section 3 (1).
Insert instead “section 5 (2)
(b)”.
[2]Section 5 Constitution of the
Board
Omit section 5 (2) (a)–(d). Insert
instead:
(a)
one is to be the Director-General of the
Department of Education and Training, and
(b)
8 are to be persons appointed by the
Minister.
Explanatory
note
Item [2] of the proposed amendments alters the
constitution of the Board of Vocational Education and Training constituted
under the Board of Vocational Education and
Training Act 1994 by providing that the 9 part-time
members of the Board are to be the Director-General of the Department of
Education and Training and 8 persons appointed by the Minister administering
the Act. (Currently, the Board consists of 6 persons appointed by the
Minister, the Managing Director of the TAFE Commission and (by operation of
the Public Sector Management (Department of Education and
Training) Order (No 2) 1997) 2 office holders in the
Department of Education and Training.)
Item [1] of the proposed amendments makes a
consequential amendment.
1.5Charitable Trusts Act 1993 No
10
Section 6 Bringing of certain
charitable trust proceedings to be authorised by Attorney General or by
leave
Insert after section 6 (2):
(2A)
Any such authority or leave may also be given
after charitable trust proceedings have been brought so as to enable the
continuation of those proceedings.
Explanatory
note
Section 6 (1) of the Charitable Trusts Act 1993 provides that
proceedings involving the administration of a charitable trust must not be
commenced unless they have been authorised by the Attorney General or the
Supreme Court has given leave.
The proposed amendment provides that proceedings
brought without that authority or leave may be continued once the necessary
authority of the Attorney General or the leave of the Supreme Court is
obtained.
1.6Children (Detention Centres) Act 1987 No
57
[1]The whole Act (except section
3 (1), definition of “superintendent” and section 25
(4))
Omit “superintendent” wherever
occurring.
Insert instead “centre
manager”.
[2]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
centre
manager of a detention centre means the person for the time
being in charge of the centre.
[3]Section 3 (1), definition of
“Department”
Omit “Department of Youth and Community
Services”.
Insert instead “Department of Juvenile
Justice”.
[4]Section 3 (1), definition of
“superintendent”
Omit the definition.
Explanatory
note
Item [2] of the proposed amendments inserts a
definition of centre
manager as a result of a change in the title (from
“superintendent” to “centre manager”) of the person
for the time being in charge of a detention centre.
Items [1] and [4] of the proposed amendments make
consequential amendments.
Item [3] of the proposed amendments updates a
reference to a Department.
1.7Children (Interstate Transfer of Offenders) Act
1988 No 85
[1]Section 3
Definitions
Insert in alphabetical order:
Department means the Department of
Juvenile Justice.
[2]Section 3, definition of
“Director-General”
Omit “of Family and Community
Services”.
[3]Sections 9 (2) (c) and
16
Omit “of Family and Community
Services” wherever occurring.
[4]Section 14 Lawful custody for
transit through New South Wales
Omit “superintendent” wherever
occurring.
Insert instead “centre
manager”.
Explanatory
note
Item [1] of the proposed amendments inserts a
definition of Department for the purposes of the
Act.
Items [2] and [3] of the proposed amendments make
consequential amendments.
Item [4] of the proposed amendments changes
references in the Act to the person in charge of a detention centre from
“superintendent” to “centre manager”. This amendment
is consequential on amendments to the Children
(Detention Centres) Act 1987 made elsewhere in this
Schedule.
1.8Criminal Assets Recovery Act 1990 No
23
Section 32 Establishment and
use of Proceeds Account
Insert “victims support programs,”
after “law enforcement,” in section 32 (3)
(d).
Explanatory
note
The proposed amendment enables money in the
Confiscated Proceeds Account established under the Criminal Assets Recovery Act 1990 to be
applied towards victims support programs at the direction of the Treasurer in
consultation with the Minister administering the Act. The Act provides for
such money to be applied to (among other things) programs such as crime
prevention programs and drug rehabilitation programs.
1.9Crown
Lands Act 1989 No 6
Section 155 Offences on public
land
Omit “depasture” from section 155 (1)
(c).
Insert instead
“graze”.
Explanatory
note
The proposed amendment replaces the word
“depasture” with the more commonly used word
“graze”.
1.10Dams
Safety Act 1978 No 96
Section 8
Members
Omit “Sydney Water Corporation referred to
in the Water Board (Corporatisation) Act
1994” from section 8 (2) (b).
Insert instead “Sydney Catchment Authority
constituted under the Sydney Water Catchment Management Act
1998”.
Explanatory
note
Section 8 of the Dams Safety Act
1978 provides for the membership of the Dams Safety
Committee constituted under the Act. One of the 8 part-time members of the
Committee is nominated by the Sydney Water Corporation.
The Sydney Catchment Authority was constituted by
the Sydney Water Catchment Management Act
1998 and, on 2 July 1999, ownership of a number of dams
listed in Schedule 1 to the Dams Safety Act
1978 and owned by the Sydney Water Corporation was
transferred to the Sydney Catchment Authority by order of the Governor made
under clause 2 of Schedule 3 to the Sydney Water
Catchment Management Act 1998.
The proposed amendment reflects the change of
ownership of those dams by providing for the member of the Dams Safety
Committee currently nominated by the Sydney Water Corporation to be nominated
by the Sydney Catchment Authority.
1.11Electricity Supply Act 1995 No
94
[1]Section 43A
Definitions
Insert in alphabetical order:
electricity network pricing
determination means a determination of the distribution
network service pricing in accordance with the National Electricity Code for
the provision of electricity network services by a licensed electricity
distributor.
[2]Section 43A, definition of
“IPART electricity network pricing
determination”
Omit the definition.
[3]Section 43B Pricing of
electricity for non-franchise customers
Omit “maximum” from section 43B
(1).
[4]Section 43B
(1)
Omit “IPART”.
[5]Section 43B (2) and
(3)
Omit section 43B (2). Insert instead:
(2)
An electricity network pricing determination
increased in accordance with this section has effect under the National
Electricity Code as if the determination included the
increase.
(3)
An electricity network pricing determination that
includes an amount determined by an order made as referred to in subsection
(1) is not to be further increased in accordance with this
section.
[6]Section 43E Operation of
Division
Insert after section 43E (6):
(6A)
This Division does not apply to transmission
services within the meaning of the National Electricity Code that are
regulated under Chapters 6 and 9 of that Code.
[7]Section 43M
Definitions
Omit the definitions of Code and electricity transmission network
services.
[8]Section 43M, definition of
“electricity network pricing determination”
Omit “Code for the provision of electricity
transmission network services”.
Insert instead “National Electricity Code
for the provision of electricity network
services”.
[9]Section 43N Pricing of
electricity for direct customers
Omit “electricity transmission network
services” from section 43N (1).
Insert instead “electricity network
services”.
[10]Section 43N
(2)
Insert “National Electricity” before
“Code”.
[11]Section 43P Operation of
Division
Insert after section 43P (4):
(4A)
This Division does not apply to distribution
services within the meaning of the National Electricity Code that are
regulated under Chapters 6 and 9 of that Code.
[12]Section 99A Electricity
network pricing determinations
Omit “IPART electricity network pricing
determinations are to be made under the Independent
Pricing and Regulatory Tribunal Act
1992”.
Insert instead “An electricity network
pricing determination referred to in Division 4 of Part 4 or Division 2 of
Part 4A is to be made under the National Electricity
Code”.
[13]Section 106
Regulations
Insert after section 106 (1) (g1):
(g2)
the development and implementation by network
operators of plans designed to ensure that their transmission or distribution
systems are adequate for the demand placed on them and that the supply of
electricity by those systems is of an appropriate quality and level of
reliability,
[14]Schedule 2
Licences
Omit “at the end of the period of 3 years
after the conditions are imposed” from clause 6 (8).
Insert instead “as soon as practicable
after each occasion on which a report referred to in subclause (7) is tabled
in the Legislative Assembly”.
[15]Schedule 2, clause
8
Insert after clause 8 (3):
(4)
Nothing in this clause prevents a licence from
being cancelled at the request of its holder.
[16]Schedule 2, clause
9
Insert at the end of the clause:
(2)
This clause does not apply to action taken at the
request of the holder of the licence.
[17]Schedule 3 Distribution
districts
Omit “Energy South”, “Far West
Energy”, “MetNorth Energy”, “MetSouth Energy”,
“MidState Energy” and “NorthPower
Energy”.
Insert instead “Great Southern
Energy”, “Australian Inland Energy”,
“EnergyAustralia”, “Integral Energy Australia”,
“Advance Energy” and “NorthPower”
respectively.
[18]Schedule 6 Savings,
transitional and other provisions
Insert after Part 2:
Part 3Miscellaneous
20Existing
licences
The amendments made to Schedule 2 to this Act by
Schedule 1 to the Statute Law (Miscellaneous Provisions)
Act (No 2) 1999 extend to a licence in force immediately
before the commencement of those amendments.
[19]Dictionary
Omit the definition of electricity network
services.
[20]Dictionary
Insert in alphabetical order:
electricity network services means
transmission services, and distribution services, within the meaning of the
National Electricity Code that are regulated under Chapters 6 and 9 of that
Code.
National
Electricity Code means the National Electricity Code, as in
force from time to time, referred to in the National Electricity (NSW)
Law.
Explanatory
note
Pricing of electricity network
services provided by licensed electricity distributors
The Electricity Supply Amendment Act
1999 amended the Electricity
Supply Act 1995 to provide for the price for the provision
of electricity network services by a transmission operator to be determined by
the Australian Competition and Consumer Commission under the National
Electricity Code rather than by the Independent Pricing and Regulatory
Tribunal under the Independent Pricing and Regulatory
Tribunal Act 1992.
Items [1]–[6], [12], [19] and [20] of the
proposed amendments amend the Electricity
Supply Act 1995 in anticipation of arrangements that are
proposed to come into effect on 1 February 2000 under which the price for the
provision of electricity network services by a licensed electricity
distributor will be determined by the Independent Pricing and Regulatory
Tribunal under the National Electricity Code rather than under the Independent Pricing and Regulatory Tribunal Act
1992 as is currently the case.
Items [7]–[11] of the proposed amendments
make consequential amendments.
Regulations relating to
network management plans
Section 106 (1) (g1) of the Electricity Supply Act 1995 enables
regulations to be made requiring network operators to develop and implement
plans designed to ensure the safe operation of their transmission or
distribution systems. Item [13] of the proposed amendments enables regulations
to be made requiring network operators to develop and implement plans to
ensure that their transmission or distribution systems are adequate for the
demand placed on them and that the supply of electricity by those systems is
of an appropriate quality and level of reliability.
Amendments relating to
licences
Item [14] of the proposed amendments requires the
Minister for Energy to review conditions imposed on holders of retail
suppliers’ licences relating to the environmental performance of the
holders, including the condition requiring the holder of such a licence to
develop strategies relating to the reduction of greenhouse gas emissions, as
soon as practicable after each occasion on which the report on each audit
required to be prepared by the Environment Protection Authority on the
effectiveness of such strategies is tabled in the Legislative Assembly.
(Currently the Act requires the review to be conducted 3 years after the
conditions are imposed.)
Item [15] of the proposed amendments enables a
licence to be cancelled at the request of its holder. Item [16] of the
proposed amendments makes a consequential amendment.
Item [18] of the proposed amendments contains a
provision of a transitional nature consequent on items
[14]–[16].
Names of certain electricity
distributors
Item [17] of the proposed amendments updates the
names of certain electricity distributors.
1.12Fair Trading Tribunal Act
1998 No 161
[1]Schedule 5 Savings,
transitional and other provisions
Omit the definition of closure date from clause
2.
[2]Schedule 5, clauses 3 (1) and
5 (1) (a) and (2) (a)
Omit “its closure date” wherever
occurring. Insert instead “1 March 1999”.
[3]Schedule 5, clause
4A
Insert after clause 4:
4AAppeals concerning BSC
insurance decisions
(1)
The Tribunal has the jurisdiction that the
Commercial Tribunal constituted under the Commercial Tribunal Act
1984 had pursuant to clause 37 of Schedule 4 to the
Home Building Act 1989 immediately
before 1 March 1999 in respect of decisions made (before or after that date)
in relation to claims under BSC insurance within the meaning of that
clause.
(2)
This clause is subject to clauses 5 and
5A.
(3)
The exercise, or purported exercise, on or after
1 March 1999 and before the commencement of this clause, by the Tribunal of
the jurisdiction conferred by this clause is validated and taken, at the time
it was exercised, or purported to be exercised, and at all times thereafter,
to have been validly exercised.
[4]Schedule 5, clause 5A
(1)
Omit “the closure date”. Insert
instead “1 March 1999”.
Explanatory
note
The Fair Trading Tribunal Act
1998 commenced on 1 March 1999. It abolished a number of
bodies, including the Commercial Tribunal, and conferred jurisdiction in
respect of most of the matters formerly dealt with by those bodies on the Fair
Trading Tribunal. However, savings provisions relating to the Commercial
Tribunal enabled that Tribunal to continue to hear some
matters.
Item [3] of the proposed amendments clarifies the
position concerning the jurisdiction of the Fair Trading Tribunal to hear
appeals by claimants against decisions concerning two insurance schemes
previously administered under the Home Building Act
1989. These were the BSC Comprehensive Insurance Scheme
and the BSC Special Insurance Scheme. Before the constitution of the Fair
Trading Tribunal, all appeals concerning these schemes were heard by the
Commercial Tribunal. The Fair Trading Tribunal has been hearing appeals made
since 1 March 1999. Appeals made before that date are to continue to be heard
by the Commercial Tribunal until a final cut-off date of 1 November 1999. Item
[3] confirms the jurisdiction of the Fair Trading Tribunal and validates the
exercise of its jurisdiction since 1 March 1999.
Items [1], [2] and [4] of the proposed amendments
make consequential amendments.
1.13Fines
Act 1996 No 99
Schedule 1 Statutory
provisions under which penalty notices issued
Insert in alphabetical order:
Sydney Harbour
Foreshore Authority Act 1998, section
43A
Explanatory
note
The proposed amendment provides for the
enforcement of penalty notices issued under the Sydney
Harbour Foreshore Authority Act 1998 and is consequential
on the amendment made to that Act set out elsewhere in this Schedule providing
for the issue of penalty notices.
1.14Fisheries Management Act 1994 No
38
[1]Section 220D Amendment of
lists
Insert “published in the Gazette”
after “order” wherever occurring in section 220D (1) and
(2).
[2]Schedule 7 Savings,
transitional and other provisions
Insert after clause 23:
24Saving of certain
orders
An order made under section 220D before the
commencement of the amendment made to that section by Schedule 1 to the
Statute Law (Miscellaneous Provisions) Act (No 2)
1999 is taken to have been made under the section as so
amended.
Explanatory
note
Item [1] of the proposed amendments makes it
clear that an order of the Minister administering the Act to amend Schedules
4, 5 or 6 to the Act (which contain lists of endangered species, populations
and ecological communities, vulnerable species and key threatening processes)
is to be published in the Gazette.
Item [2] of the proposed amendments contains a
provision of a savings nature consequent on item [1].
1.15Guardianship Act 1987 No
257
[1]Section 3F Persons who are
“parties” to proceedings under this Act
Insert “if the relationship between the
person and the spouse is close and continuing,” at the end of section 3F
(2) (c), (3) (c), (4) (d), 5 (c) and (7) (c).
[2]Section 14 Tribunal may make
guardianship orders
Insert “if the relationship between the
person and the spouse is close and continuing,” before “and”
in section 14 (2) (a) (ii).
[3]Section 51A Fewer than 3
Tribunal members may deal with certain matters
Insert after section 51A (1) (b) (ii):
(iia)
the making of orders requiring and securing
separate representation for a person in proceedings before it relating to the
person,
[4]Schedule 3 Savings and
transitional provisions
Insert after Part 2:
Part 3Miscellaneous
8Separate
representation
The amendment made to section 51A by Schedule 1
to the Statute Law (Miscellaneous Provisions)
Act (No 2) 1999 extends to proceedings commenced, but not
determined by the Tribunal, before the commencement of the
amendment.
Explanatory
note
Requirement for close and
continuing relationship with spouse
Section 3F of the Guardianship Act
1987 provides that the spouse of a person who is the
subject of an application to the Tribunal is a party to proceedings in
relation to the application. Item [1] of the proposed amendments provides that
the spouse of such a person is a party to the proceedings only if the
relationship between the spouse and the person is a close and continuing
one.
The proposed amendment makes section 3F
consistent with section 33A of the Act which provides that one of the persons
who is authorised to give consent to the medical or dental treatment of an
adult person who lacks the capacity to consent to their own medical and dental
treatment is the spouse of the person if the relationship between the spouse
and the person is a close and continuing one.
Section 14 of the Act requires the Guardianship
Tribunal to take into account the views of the spouse of a person who is the
subject of an application for a guardianship order. Item [2] of the proposed
amendments will require the views of the spouse of the person to be taken into
account only if the relationship between the spouse and the person concerned
is a close and continuing one.
Additional matter that may be
dealt with by fewer than 3 Tribunal members
Section 51A of the Guardianship Act 1987 allows the
Guardianship Tribunal to be constituted by fewer than 3 Tribunal members when
dealing with certain matters, including procedural matters, such as, the
granting of leave to appear in a proceeding before the Tribunal. Item [3] of
the proposed amendments allows the Tribunal to be so constituted when
appointing separate representation for a person in proceedings before the
Tribunal.
Item [4] of the proposed amendments contains a
provision of a transitional nature consequent on item
[3].
1.16Interpretation Act 1987 No
15
[1]Section 21 Meaning of commonly
used words and expressions
Insert in alphabetical order in section 21
(1):
Standards
Australia means Standards Australia International Limited
(ACN 087 326 690), and includes a reference to the Standards Association of
Australia as constituted before 1 July 1999.
[2]Section
69B
Insert after section 69A:
69BReferences to Standards
Association of Australia
In any other Act or instrument, a reference to
the Standards Association of Australia is a reference to Standards Australia
(as defined in section 21).
[3]Section
80A
Insert after section 80:
80AMaximum monetary penalty Local
Courts may impose in certain circumstances
If an Act:
(a)
provides that an offence under the Act may be
dealt with summarily by a Local Court or, in the alternative, by another
court, and
(b)
imposes a limit by reference solely to an amount
of money (however expressed) on the penalty that a Local Court may impose when
dealing with such an offence,
that limit, unless otherwise expressly provided by the
Act, does not affect any non-monetary penalty that may be imposed by a Local
Court for the offence.
Explanatory
note
Standards
Australia
The Standards Association of Australia was
established as a corporate body by royal charter. On 1 July 1999, the body was
registered as a company limited by guarantee under Part 5B.1 of the Corporations Law. Section 601BM (1) of
the Corporations Law provides that
registration under that Part does not create a new legal entity or affect the
body’s existing property, rights or obligations.
Items [1] and [2] of the proposed amendments
insert a definition of Standards
Australia (the new name of the body) in section 21 (Meaning
of commonly used words and expressions) of the Act and provide that references
in Acts and instruments to the former name of the body will be read as
references to the new name.
Maximum monetary penalty Local
Courts may impose in certain circumstances
Item [3] of the proposed amendments makes it
clear that, if an Act provides that an offence under the Act may be dealt with
summarily by a Local Court, or in the alternative, by another court and the
Act imposes a limit on the penalty that a Local Court may impose when dealing
with such an offence by reference solely to an amount of money, that limit
does not affect any other non-monetary penalty that the Local Court may impose
for the offence (for example, any sentence of imprisonment or alternative
sentence, such as a community service order, applicable to the
offence).
1.17Liquor
Act 1982 No 147
[1]Section 4
Definitions
Omit the definition of non-proprietary association from
section 4 (1).
Insert instead:
non-proprietary association
means:
(a)
an incorporated or unincorporated body or
association of persons (including a registered or unregistered club) that, by
its constitution or any law that governs its activities:
(i)
is required to apply its profits (if any) and
other income to the promotion of its objects or to purposes provided for by
any such law, and
(ii)
is prohibited from paying dividends, or
distributing profits or income, to its shareholders or members,
or
(b)
a local council, or
(c)
the Darling Harbour Authority,
or
(d)
the Sydney Harbour Foreshore Authority,
or
(e)
any public authority declared by order of the
Minister, published in the Gazette, to be a non-proprietary association for
the purposes of this definition.
[2]Section 4
(7A)
Insert after section 4 (7):
(7A)
In this Act, a reference to the secretary of a
non-proprietary association is a reference:
(a)
in the case of a local council—to the
general manager of the local council, or
(b)
in the case of a body referred to in paragraph
(c), (d) or (e) of the definition of non-proprietary association—to
the chief executive officer (however described) of the
body.
Explanatory
note
Currently, section 18 (5A) of the Liquor Act 1982 enables persons to hold
on-licences authorising them to sell liquor at functions on behalf of
non-proprietary associations or in respect of trade fairs.
Item [1] of the proposed amendments amends the
definition of non-proprietary association in the
Act to omit the reference to a local consent authority and to include instead
specific reference to local councils, the Darling Harbour Authority and the
Sydney Harbour Foreshore Authority and to enable certain public authorities to
be included in the definition by order of the Minister administering the Act
published in the Gazette.
Item [2] of the proposed amendments makes a
consequential amendment.
1.18Macquarie University Act 1989 No
126
[1]Section 9 Constitution of
Council
Insert “the following” after
“comprise” in section 9 (5).
[2]Section 9 (5) (c)
(i)
Omit “a student”. Insert instead
“an undergraduate student”.
[3]Section 9 (5) (c)
(iii)
Insert “the undergraduate” before
“students”.
[4]Section 9 (5) (c)
(iii)
Omit “and”.
[5]Section 9 (5)
(c1)
Insert after section 9 (5) (c):
(c1)
one person:
(i)
who is a postgraduate student of the University
but who is not a member of the academic or non-academic staff of the
University, and
(ii)
who has such qualifications as may be prescribed
by the by-laws, and
(iii)
who is elected by the postgraduate students of
the University in the manner prescribed by the
by-laws,
[6]Section 9 (5) (d)
(i)
Insert “or (c1) (ii)” after
“(c) (ii)”.
[7]Schedule 1 Provisions relating
to members and procedure of the Council
Omit “or (c)” from clause 1 (d).
Insert instead “, (c) or (c1)”.
[8]Schedule 3 Savings and
transitional provisions
Insert after clause 8:
8AElected
members
If, on the commencement of the amendments to
section 9 made by Schedule 1 to the Statute Law
(Miscellaneous Provisions) Act (No 2) 1999, the membership
of the Council fails to comply with section 9 (5) as so amended, there is for
the purposes of clause 3 (1) of Schedule 1 to this Act taken to be a vacancy
in the office of the member in respect of which the failure
exists.
Explanatory
note
Items [1]–[7] of the proposed amendments
alter the composition of the Council of Macquarie University by increasing the
number of student members from 1 to 2 and by providing that, of the 2 student
members, one is to be an undergraduate elected by the undergraduate students
and the other a postgraduate elected by the postgraduate
students.
Item [8] contains a provision of a transitional
nature consequent on items [1]–[7].
1.19Meat
Industry Act 1978 No 54
[1]Section 4
Definitions
Insert after section 4 (2):
(3)
In sections 28, 41, 41A, 42 and 74, a reference
to a meat safety officer is to be read as a reference to:
(a)
in the case of game meat for human consumption or
processed meat made from game meat or that has game meat as an
ingredient—a person approved in writing by the Authority to inspect game
animals for human consumption, or
(b)
in the case of game meat for use as animal food
or processed animal food made from game meat or that has game meat as an
ingredient—a person approved in writing by the Authority to inspect game
animals for animal consumption.
[2]Section 41 Offences as to sale
of meat
Omit “meat inspector” from section 41
(1A).
Insert instead “meat safety
officer”.
[3]Section 41A Offences as to
storage of meat
Omit “meat inspector and passed by the
inspector” from section 41A (2).
Insert instead “meat safety officer and
passed”.
[4]Section 74
Evidence
Omit “a licensing” from section 74
(1) (b) (i).
Insert instead
“an”.
[5]Section 74 (1) (b)
(i)
Omit “such”.
Explanatory
note
The Meat Industry Amendment Act
1998 amended the Meat Industry Act
1978 relating to inspection and processing of meat. Those
amendments removed the distinction between meat inspectors and licensing
inspectors so that both those positions are called inspectors. The amendments
also transferred the routine inspection of meat from inspectors to meat safety
officers appointed for abattoirs and, in the case of game meat, persons
approved by the New South Wales Meat Industry Authority to inspect the game
meat. However, certain references appear in the Meat
Industry Act 1978 to licensing inspectors and to the
inspection of game meat by meat safety officers.
Items [1]–[3] of the proposed amendments
replace references to meat inspectors with references to meat safety officers
and ensure that those references are read, in the case of game meat, as
references to persons approved by the New South Wales Meat Industry Authority
to inspect game meat.
Items [4] and [5] of the proposed amendments
change a reference to a licensing inspector so that it will now refer to an
inspector.
1.20National Parks and Wildlife Act 1974 No
80
[1]Section 5
Definitions
Insert “and the skin or any other part
thereof” after “thereof” in the definition of amphibian in section 5
(1).
[2]Section 16 Ex-officio
rangers
Omit “member of the police force”
from section 16 (1).
Insert instead “police
officer”.
[3]Section 47 Transfer of
employees
Omit the section.
[4]Section 96 Locally unprotected
fauna
Insert after section 96 (4):
(5)
Without affecting subsections (2) and (4), an
order under subsection (1) may be subject to such conditions and restrictions
as may be specified in the order.
[5]Section 158 Requirement for
owner of motor vehicle and others to give information
Omit “place of abode” wherever
occurring.
Insert instead “residential
address”.
[6]Section 160 Penalty notice for
certain offences
Omit the definition of prescribed person from section 160
(1).
Insert instead:
prescribed person means:
(a)
a police officer, or
(b)
an officer of the Service, or
(c)
a person, or a person belonging to a class of
persons, prescribed for the purposes of this
section.
[7]Section 163B Application of
certain Acts
Insert “Division 2A (Orders) of Part 6 of
the Environmental Planning and Assessment Act
1979 and” before “Chapter
7”.
[8]Section
163B
Omit “does”. Insert instead
“do”.
[9]Section 164 Powers of entry
and seizure
Insert “, a police officer” after
“Director-General” where firstly occurring in section 164
(5).
[10]Section 164
(5)
Insert “, police officer” after
“Director-General” where thirdly occurring.
[11]Section 168 Disposal of
property seized or delivered up
Omit section 168 (2) (b). Insert instead:
(b)
proceedings for an offence (being an offence on
or after a conviction for which an order could be made under subsection (1) in
respect of the property):
(i)
have not been commenced within 2 years after the
seizure or delivering up of the property, or
(ii)
have been dismissed by a
court,
[12]Section 168
(2)
Insert “(whether or not it is the court
dismissing the proceedings in the case of property relating to proceedings
referred to in paragraph (b) (ii))” after “in relation to the
property”.
[13]Section 168 (4)
(b)
Omit “subsection (2)”. Insert instead
“subsection (2) (b) (i)”.
[14]Section 168 (4)
(b)
Omit “that subsection”. Insert
instead “that subparagraph”.
[15]Section 168 (4)
(c)
Insert at the end of section 168 (4) (b):
, or
(c)
in the case of an application for an order under
subsection (2) (b) (ii)—later than 1 month after the date on which the
proceedings were dismissed.
[16]Section 172 Police
officers
Omit “member of the police force”.
Insert instead “police officer”.
[17]Section
172
Omit “such a member”. Insert instead
“a police officer”.
[18]Section 174 Service of
notices
Omit “place of abode or business”
from section 174 (b).
Insert instead “residential or business
address”.
[19]Section 179 Authority to take
proceedings
Omit “member of the police force”
from section 179 (1).
Insert instead “police
officer”.
[20]Schedule 11 Unprotected
fauna
Omit
“Birds”.
Explanatory
note
Definition of
“amphibian”
Item [1] of the proposed amendments amends the
definition of amphibian in section 5 of the
National Parks and Wildlife Act 1974 to
make it clear that the term includes any part of an
amphibian.
Locally protected
fauna
Item [4] of the proposed amendments makes it
clear that an order under section 96 of the Act (declaring certain protected
fauna to be locally protected fauna) may be subject to such conditions and
restrictions as may be specified in the order.
Issuing of penalty
notices
Section 160 of the Act enables penalty notices
(commonly referred to as “on-the-spot” fines) to be issued for
certain offences under the Act by a “prescribed person” (defined
in the Act as being a person, or a person belonging to a class of persons,
prescribed by the regulations). Item [6] of the proposed amendments amends the
definition of prescribed person in the section to
include police officers and officers of the National Parks and Wildlife
Service.
Powers of police
officers
Section 164 (5) of the Act enables the
Director-General of National Parks and Wildlife or persons duly authorised by
the Director-General to obtain search warrants from authorised justices for
the purposes of investigating suspected offences against the Act or the
regulations. Item [9] of the proposed amendments enables police officers to
obtain search warrants from authorised justices without having to be
individually authorised by the Director-General.
Item [10] of the proposed amendments makes a
consequential amendment.
Disposal of property seized or
delivered up
Section 168 of the Act deals with the
circumstances in which a court may order that property seized or delivered up
under the Act be disposed of by delivery of the property to a person specified
in the court’s order. The circumstances include the case where legal
proceedings for an offence in relation to the property have not been commenced
within 2 years after the seizure or delivering up of the property. Item [11]
of the proposed amendments enables a court to make such an order if
proceedings for an offence against the Act or the regulations have been
dismissed by a court.
Items [12]–[15] of the proposed amendments
make consequential amendments.
Other
amendments
Currently, the Act contains references to members
of the police force. Section 21 of the Interpretation
Act 1987 contains a definition of police
officer. Items [2], [16], [17] and [19] update the
terminology used in the Act so that it is consistent with that
definition.
Item [3] of the proposed amendments omits a
provision that is no longer required because of the enactment of section 100A
(Employer-sponsored transfers involving public authorities) of the Public Sector Management Act
1988.
Items [5] and [18] of the proposed amendments
update references to “place of abode” with references to
“residential address” and “place of abode or business”
with a reference to “residential or business address” respectively
for consistency with other provisions of the Act.
Item [7] of the proposed amendments updates a
reference to certain provisions of an Act that have been transferred to
another Act. Item [8] of the proposed amendments makes a consequential
amendment.
Item [20] of the proposed amendments omits a
subheading in a Schedule to the Act that is no longer
required.
1.21Police
Integrity Commission Act 1996 No 28
[1]Section 5 Police
misconduct
Omit “or disciplinary offence” from
section 5 (2) (b).
[2]Section 5 (2)
(b1)
Insert after section 5 (2) (b):
(b1)
misconduct in respect of which the Commissioner
of Police may take action under Part 9 of the Police Service
Act 1990,
[3]Section 14A Special audit of
reform process
Omit “the period of three years” from
section 14A (2).
Insert instead “a period of at least three
years, and must be completed before the expiration of the period of four
years,”.
[4]Section 14A
(4)
Omit “end of the period of three
years”.
Insert instead “completion of the
audit”.
[5]Section 15 Other functions
regarding evidence and information collected
Omit section 15 (1) (b). Insert instead:
(b)
to assemble evidence that may be used in:
(i)
the investigation of a police complaint,
or
(ii)
deciding whether to take action under section 173
or 181D of the Police Service Act
1990,
and to furnish any such evidence to the Minister, the
Commissioner of Police or other appropriate authority in the
State,
[6]Section 16 Provisions
regarding assessments, opinions and recommendations
Insert “action under Part 9 of the Police Service Act 1990 or” before
“other disciplinary action” in section 16 (1)
(b).
[7]Section 40 Privilege as
regards answers, documents etc
Omit “is admissible in any disciplinary
proceedings and in any proceedings under Division 1C of Part 9 of the Police Service Act 1990 with respect to
an order under section 181D of that Act” from section 40
(3).
Insert instead “may be used in deciding
whether to make an order under section 173 or 181D of the Police
Service Act 1990 and is admissible in any proceedings
under Division 1A or 1C of Part 9 of that Act and in any disciplinary
proceedings”.
[8]Section 56
Secrecy
Omit “or disciplinary proceedings,
instituted as a result of” from section 56 (3).
Insert instead “, disciplinary proceedings
or proceedings under Division 1A or 1C of Part 9 of the Police
Service Act 1990, arising out
of”.
[9]Section 56 (4)
(b)
Omit the paragraph. Insert instead:
(b)
for the purposes of:
(i)
a prosecution, or
(ii)
disciplinary proceedings, or
(iii)
the making of an order under section 173 or 181D
of the Police Service Act
1990, or
(iv)
proceedings under Division 1A or 1C of Part 9 of
that Act,
arising out of an investigation conducted by the
Commission in the exercise of its functions, or
[10]Section 97 Content of reports
to Parliament
Insert “(including the making of an order
under section 181D of the Police Service Act
1990)” after “action” in section 97 (2)
(c).
[11]Section 97 (2)
(d)
Insert after section 97 (2) (c):
(d)
the taking of reviewable action within the
meaning of section 173 of the Police Service
Act 1990 against the person as a police
officer.
[12]Section 99 Annual
reports
Omit “or disciplinary action” from
section 99 (2) (f).
Insert instead “, disciplinary action or
the making of an order under section 173 or 181D of the Police
Service Act 1990”.
[13]Schedule 1 Provisions relating
to Commissioner
Omit clause 5 (1) and (2). Insert instead:
(1)
The Commissioner is entitled to be paid:
(a)
remuneration in accordance with the Statutory and Other Offices Remuneration Act
1975, and
(b)
such travelling and subsistence allowances as the
Minister may from time to time determine.
[14]Schedule 3 Savings,
transitional and other provisions
Insert after clause 2B (8):
(8A)
A reference in subclause (8) to disciplinary
proceedings includes a reference to action under Part 9 of the Police Service Act
1990.
[15]Schedule 3, Part
5
Insert after Part 4:
Part 5Provisions consequent on
enactment of Schedule 1 to Statute Law
(Miscellaneous Provisions) Act (No 2)
1999
10Definitions
In this Part:
amendments means the amendments made
to clause 5 of Schedule 1 to this Act by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2)
1999.
relevant
date means the date of commencement of the
amendments.
11Determination of remuneration
of Commissioner
(1)
The amendments extend to a person who is the
holder of the office of Commissioner immediately before the relevant
date.
(2)
Until a determination is made under the Statutory and Other Offices Remuneration Act
1975, clause 5 of Schedule 1, as in force immediately
before the relevant date, continues to apply to a person who is the holder of
the office of Commissioner.
(3)
Any provision specifying the Commissioner’s
remuneration in the instrument of appointment, or any determination, under
clause 5 of Schedule 1 (as in force immediately before the relevant date) that
is applicable to the Commissioner ceases to have effect when a determination
is first made under the Statutory and Other Offices
Remuneration Act 1975.
Explanatory
note
The Police Service
Amendment (Complaints and Management Reform) Act 1998
amended the Police Service Act
1990 in various respects including the replacement of the
existing scheme for taking disciplinary action against police officers with a
new scheme for dealing with police officers’ misconduct and
unsatisfactory performance.
Items [1], [2], [5]–[12] and [14] of the
proposed amendments make consequential amendments to the Police
Integrity Commission Act 1996 by updating the terminology
used in that Act as a result of the introduction of the new
scheme.
Special audit of reform
process
Item [3] of the proposed amendments extends by 12
months the time by which the 3-year special audit of the reform process within
the Police Service (to be overseen by the Police Integrity Commission) must be
carried out.
Item [4] of the proposed amendments makes a
consequential amendment.
Determination of remuneration
of Commissioner
Item [13] of the proposed amendments provides for
the remuneration of the Commissioner for the Police Integrity Commission to be
determined in accordance with the Statutory and
Other Offices Remuneration Act 1975 and for the
Commissioner’s travelling and subsistence allowances to be determined by
the Minister administering the Police Integrity
Commission Act 1996. Currently the Commissioner’s
remuneration (including travelling and subsistence allowances) is the
remuneration specified in the Commissioner’s instrument of appointment
or such remuneration as may be afterwards determined by the Governor. The
proposed amendment makes the determination of the Commissioner’s
remuneration consistent with that of the Commissioner for the New South Wales
Crime Commission.
Item [15] of the proposed amendments contains
provisions of a saving and transitional nature.
1.22Residential Parks Act 1998 No
142
Section
102A
Insert after section 102:
102ATermination by resident on
ground of breach of agreement
(cf RT Act s 57)
(1)
A resident may give notice of termination of a
residential site agreement to the park owner on the ground that the park owner
has breached a term of the agreement.
(2)
A notice of termination given under this section
must not specify a day earlier than 14 days after the day on which the notice
is given as the day on which vacant possession of the residential premises
will be delivered up to the park owner.
(3)
A notice of termination of a residential site
agreement that creates a tenancy for a fixed term given under this section is
not ineffective because the day specified as the day on which vacant
possession of the residential premises will be delivered up to the park owner
is earlier than the day the term ends.
Explanatory
note
The Residential Parks
Act 1998 sets out the rights and obligations of residents
and owners of residential parks. Before the Act commenced those rights and
obligations were set out in the Residential
Tenancies Act 1987, which dealt with all residential
tenancies including those in flats, houses, caravan parks and manufactured
home estates.
Generally the Residential Parks
Act 1998 affords residents under residential site
agreements (that is, residents who install their own relocatable home or
registrable moveable dwelling on a site owned by the park owner) greater
rights than residents under other residential tenancy agreements, because of
the more significant nature of their investment.
Part 12 of the Residential Parks
Act 1998 deals with termination of both types of
residential tenancy agreements. That Part generally mirrors the provisions of
the Residential Tenancies Act 1987 relating
to termination. Under section 57 of the 1987 Act, a tenant had the right to
give notice of termination of a residential tenancy agreement (including a
residential site agreement) to the landlord on the ground that the landlord
had breached a term of the agreement. There is no analogous provision under
the 1998 Act relating to a resident under a residential site
agreement.
The object of the proposed amendment to the
Residential Parks Act 1998 is to empower
a resident under a residential site agreement to give notice of termination on
the ground of breach of agreement. In doing so, the amendment restores the
right that such a resident had under the 1987 Act and puts the resident in the
same position as residents under other types of residential tenancy
agreements.
1.23Southern Cross University Act 1993 No
69
[1]Section 7 University to
collaborate with University of New South Wales
Omit the section.
[2]Section 10 Constitution of
Council
Omit section 10 (4) (a). Insert instead:
(a)
2 persons appointed by the Minister, being
persons nominated by the Council, who are graduates of the University, and who
the Minister considers to be appropriate for appointment, but who are
not:
(i)
members of the staff of the University eligible
to be elected as members of the Council in accordance with subsection (5) (a)
or (b), or
(ii)
persons who, within the 5 years immediately prior
to appointment, had been members of the staff of the University who were
eligible to be elected as members of the Council in accordance with subsection
5 (a) or (b), or
(iii)
students of the University eligible to be elected
as members of the Council in accordance with subsection (5) (c),
and
[3]Section 10
(7A)
Insert after section 10 (7):
(7A)
For the purposes of nominating the persons
referred to in subsection (4) (a), the Council is to comprise the members
referred to in subsections (2), (3), (4) (b) and (5).
[4]Schedule 3 Savings and
transitional provisions
Insert after clause 29:
29AAppointed
members
If, on the commencement of the amendments to
section 10 made by Schedule 1 to the Statute Law
(Miscellaneous Provisions) Act (No 2) 1999, the membership
of the Council fails to comply with section 10 (4) as so amended, then, for
the purposes of clause 3 (1) of Schedule 1 to this Act, there is taken to be a
vacancy in the office of the member in respect of which the failure
exists.
Explanatory
note
Section 7 of the Southern Cross University Act
1989 provides that the Southern Cross University (SCU) is to collaborate with the
University of New South Wales in the development of academic programs to be
offered by SCU until the Minister administering the Act otherwise directs.
Item [1] of the proposed amendments repeals section 7 as a direction under the
section was given on 25 October 1999 with effect from that
date.
Item [2] of the proposed amendments alters the
composition of the Council of SCU with respect to appointed members (as a
consequence of the termination of the collaboration arrangement) by omitting
the requirement that 2 persons, nominated by the Council of the University of
New South Wales, be appointed by the Minister. The proposed amendment replaces
that requirement with a requirement that the Minister appoint 2 persons who
are graduates of SCU nominated for appointment by the Council of SCU. (Certain
persons who are, or who were within the previous 5 years, eligible to be
elected members of the Council will not be eligible to be appointed
members.)
Item [3] of the proposed amendments makes a
consequential amendment.
Item [4] of the proposed amendments contains a
provision of a transitional nature consequent on the alteration of the
composition of the Council.
1.24Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 1 Public
offices
Insert at the end of the Schedule:
Commissioner for the Police Integrity
Commission
Explanatory
note
The proposed amendment enables the remuneration
of the Commissioner for the Police Integrity Commission to be determined in
accordance with the Statutory and Other Offices
Remuneration Act 1975 and is consequential on the
amendments to the Police Integrity Commission Act
1996 in respect of the Commissioner’s remuneration
set out elsewhere in this Schedule.
1.25Stock
Foods Act 1940 No 19
Section 3
Definitions
Insert “any substance that is intended to
be fed to animals other than stock or” after “and does not
include” in the definition of stock
food.
Explanatory
note
The definition of stock
food in section 3 of the Stock Foods Act
1940 adopts for consistency the definition of stockfood in the Agricultural and Veterinary Chemicals Code Regulations
1995 of the Commonwealth. However, the adoption of that
definition inadvertently extends the application of the Act to stock food fed
to any animal rather than just to animals to which the Act applies (namely,
animals belonging to food producing species).
The proposed amendment makes it clear that the
definition does not include any substance that is intended to be fed to
animals other than those to which the Act applies.
1.26Sydney
Harbour Foreshore Authority Act 1998 No
170
[1]Section 32
Rangers
Insert after section 32 (1):
(1A)
Rangers may include persons who are officers or
employees of a body corporate providing services to the Authority under
section 31 (4). Such persons are subject to the control and direction of the
Chief Executive Officer while they are exercising the functions of a
ranger.
[2]Section
43A
Insert after section 43:
43APenalty
notices
(1)
An authorised officer may serve a penalty notice
on a person if it appears to the officer that the person has committed an
offence against the regulations, being an offence prescribed by the
regulations as a penalty notice offence.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified in the notice,
the amount of penalty prescribed by the regulations for the offence if dealt
with under this section.
(3)
A penalty notice may be served personally or by
post.
(4)
If the amount of penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
proceedings for the alleged offence.
(5)
Payment under this section is not to be regarded
as an admission of liability for the purpose of, and does not in any way
affect or prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(6)
The regulations may:
(a)
prescribe an offence for the purposes of this
section by specifying the offence or by referring to the provision creating
the offence, and
(b)
prescribe the amount of penalty payable for the
offence if dealt with under this section, and
(c)
prescribe different amounts of penalties for
different offences or classes of offences.
(7)
The amount of a penalty prescribed under this
section for an offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(8)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(9)
In this section, authorised officer means a person
authorised in writing by the Authority as an authorised officer for the
purposes of this section.
Explanatory
note
Section 32 (1) of the Sydney
Harbour Foreshore Authority Act 1998 enables certain
individuals to be appointed as rangers for the purposes of the Act. Item [1]
of the proposed amendments makes it clear that individuals who are officers or
employees of a body corporate that is engaged under section 31 of the Act to
provide services to the Sydney Harbour Foreshore Authority may also be
appointed as rangers. Such a person will be subject to the control and
direction of the Chief Executive Officer of the Authority while exercising the
functions of a ranger.
Item [2] of the proposed amendments enables
penalty notices (commonly known as “on-the-spot” fines) to be
issued for offences against regulations made under the
Act.
1.27University of Newcastle Act 1989 No
68
[1]Section 9 Constitution of
Council
Insert “the following” after
“comprise” in section 9 (5).
[2]Section 9 (5) (c)
(i)
Omit “a student”. Insert instead
“an undergraduate student”.
[3]Section 9 (5) (c)
(iii)
Insert “the undergraduate” before
“students”.
[4]Section 9 (5) (c)
(iii)
Omit “and”.
[5]Section 9 (5)
(c1)
Insert after section 9 (5) (c):
(c1)
one person:
(i)
who is a postgraduate student of the University
but who is not a member of the academic or non-academic staff of the
University, and
(ii)
who has such qualifications as may be prescribed
by the by-laws, and
(iii)
who is elected by the postgraduate students of
the University in the manner prescribed by the
by-laws,
[6]Section 9 (5) (d)
(i)
Insert “or (c1) (ii)” after
“(c) (ii)”.
[7]Schedule 1 Provisions relating
to members and procedure of the Council
Omit “or (c)” from clause 1 (d).
Insert instead “, (c) or (c1)”.
[8]Schedule 3 Savings and
transitional provisions
Insert after clause 11:
12Elected
members
If, on the commencement of the amendments to
section 9 made by Schedule 1 to the Statute Law
(Miscellaneous Provisions) Act (No 2) 1999, the membership
of the Council fails to comply with section 9 (5) as so amended, there is for
the purposes of clause 3 (1) of Schedule 1 to this Act taken to be a vacancy
in the office of the member in respect of which the failure
exists.
Explanatory
note
Items [1]–[7] of the proposed amendments
alter the composition of the Council of the University of Newcastle by
increasing the number of student members from 1 to 2 and by providing that, of
the 2 student members, one is to be an undergraduate elected by the
undergraduate students and the other a postgraduate elected by the
postgraduate students.
Item [8] of the proposed amendments contains a
provision of a transitional nature consequent on items
[1]–[7].
1.28Unlawful Gambling Act 1998 No
113
[1]Section 8 Offences relating to
unlawful betting
Insert “by telephone or” after
“made” in section 8 (3) (a).
[2]Section 51 Proceeding for
offences
Insert “(1)” after “19”
in section 51 (2).
Explanatory
note
It is currently an offence under section 8 (3) of
the Unlawful Gambling Act 1998 for a person
to make a bet on any horse race, harness race or greyhound race if the bet is
made electronically by means of the Internet, subscription TV or other on-line
communication system and the bet is made with another person whom the person
making the bet knows is not a legal bookmaker or is not a person who is
authorised to conduct totalizator betting.
Item [1] of the proposed amendments makes it
clear that the offence is meant to cover the making of a bet with such a
person by means of all relevant forms of communications media, including the
telephone. The proposed amendment will make the provision consistent with
section 17 of the Racing Administration Act
1998 which prohibits the conduct of unauthorised telephone
or electronic betting activities by licensed bookmakers.
Section 51 (2) of the Unlawful Gambling Act 1998 provides that
a second or subsequent offence under certain provisions of the Act are to be
prosecuted on indictment. Section 51 (2) currently refers to section 19 of
that Act. Section 19 contains 2 offences, but it is only the offence under
section 19 (1) that provides a penalty for a second or subsequent offence. The
other offence under section 19 is not relevant in the context of section 51
(2). Item [2] of the proposed amendments rectifies the cross-reference to
section 19 in section 51 (2) so that it refers to section 19 (1)
only.
1.29Waste Minimisation and
Management Act 1995 No 102
[1]Sections 37A and
37B
Insert after section 37:
37APreparation of IWRP to
implement national measure
(1)
The Minister may decide that an IWRP is to be
prepared by the EPA for an industry if the Minister is satisfied that the
proposed IWRP will implement a national environment protection
measure.
(2)
A draft IWRP prepared under this section may be
prepared without the need to comply with sections
33–36.
(3)
Once the draft IWRP is prepared, the EPA is to
submit it to the Minister for approval.
(4)
After the draft IWRP is referred to the Minister,
the Minister may approve the plan (or may require changes to be
made).
(5)
In this section, national
environment protection measure has the same meaning as in
the Protection of the Environment Operations Act
1997.
37BContent of
IWRPs
An IWRP may adopt or incorporate, with or without
modification, any document as in force at a particular time or from time to
time.
Explanatory
note
Proposed section
37A
The National
Environment Protection Council (New South Wales) Act 1995
gives effect to that part of the Intergovernmental Agreement on the
Environment (to which New South Wales is a party) requiring the establishment
of a body to determine national environment protection measures (measures
which relate to ambient air or water quality and similar standards). These
measures are made by the National Environment Protection Council established
under the Act (after the Council has undertaken public consultation required
by the Act with respect to such measures) and are to be implemented by parties
to the Agreement.
Part 4 of the Waste Minimisation and Management Act
1995 provides for the preparation of, and compliance with,
industry waste reduction plans. Proposed section 37A of the Act will enable an
industry waste reduction plan to be prepared by the Environment Protection
Authority if the Minister administering the Act is satisfied that the plan
will implement a national environment protection measure. (Section 22 (1) of
the Protection of the Environment Operations Act
1997 contains a similar provision in respect of protection
of the environment policies made under that Act.)
Proposed section
37B
Proposed section 37B of the Waste Minimisation and
Management Act 1995 will enable industry waste reduction
plans to adopt or incorporate (with or without modification) documents as in
force at a particular time or as in force from time to time. (Section 35 (d)
of the Protection of the Environment
Operations Act 1997 contains a similar provision in
respect of protection of the environment policies made under that
Act.)
Schedule 2Amendments by way of statute
law revision
(Section 3)
2.1Administrative Decisions
Legislation Amendment Act 1997 No 77
[1]Schedule 5.7 (Amendments to
Dairy
Industry Act 1979)
Omit “the Corporation” wherever
occurring in section 33 (3) of the Dairy Industry Act
1979 (as proposed to be inserted by Schedule 5.7
[1]).
Insert instead “Safe
Food”.
[2]Schedule 5.7
[3]
Omit “the Corporation” from section
37 (3) of the Dairy Industry Act 1979 (as proposed to
be inserted by Schedule 5.7[3]).
Insert instead “Safe
Food”.
Explanatory
note
The proposed amendments change references to the
New South Wales Dairy Corporation (which has been dissolved) to references to
the body that has taken over its functions.
2.2Administrative Decisions Tribunal Act 1997 No
76
[1]Schedule 2 Composition and
functions of Divisions
Insert “a” before
“judicial” in clause 7 (2) (a) of Part 4.
[2]Schedule 2, Part 4, clause 7
(2) (b) and (c)
Insert “a” before
“non-judicial” wherever occurring.
Explanatory
note
The proposed amendments insert an omitted
word.
2.3Children and Young Persons (Care and Protection) Act
1998 No 157
Section 259 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 259
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.4Children (Community Service Orders) Act 1987 No
56
Section 3
Definitions
Omit “Department of Youth and Community
Services” from the definition of Department in section 3
(1).
Insert instead “Department of Juvenile
Justice”.
Explanatory
note
The proposed amendment updates a reference to a
Department.
2.5Commercial Vessels Act 1979 No
41
Section 51A Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 51A
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.6Consumer Credit Administration Act 1995 No
69
Section 43 Disposal of
proceedings for offence
Insert “monetary” after
“maximum” wherever occurring in section 43
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.7Contaminated Land Management Act 1997 No
140
Section 92 Proceedings for
other offences
Insert “monetary” after
“maximum” in section 92 (2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.8Credit
Act 1984 No 94
Section 159B Proceedings for
offence
Insert “monetary” after
“maximum” wherever occurring in section 159B
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.9Crimes
Act 1900 No 40
Part 14 Offences punishable by
Justices and procedure before Justices generally
Omit “Division 1” where secondly
occurring.
Insert instead “Division
2”.
Explanatory
note
The proposed amendment renumbers a
Division.
2.10Criminal Procedure Act 1986 No
209
Part 9A, Table 1 Indictable
offences that are to be dealt with summarily unless prosecuting authority or
person charged elects otherwise
Insert “(1)” after “19”
in item 24 in Part 4 of the Table.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.11Dangerous Goods Act 1975 No
68
Section 33 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 33
(1A).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.12Defamation Act 1974 No
18
Section 17KA Matters arising
under the Community Services (Complaints,
Reviews and Monitoring) Act 1993
Omit “Community
Services (Complaints, Appeals and Monitoring) Act
1993” from section 17KA (a).
Insert instead “Community Services (Complaints, Reviews and Monitoring) Act
1993”.
Explanatory
note
The proposed amendment updates a reference to an
Act.
2.13Duties
Act 1997 No 123
[1]Schedule 1 Savings,
transitional and other provisions
Renumber clause 15 (as inserted by the Property
(Relationships) Legislation Amendment Act 1999) as clause
16.
[2]Schedule
1
Renumber Part 3 and clause 16 (as inserted by the
State Revenue Legislation Amendment Act
1999) as Part 4 and clause 17,
respectively.
Explanatory
note
The proposed amendments renumber a Part and two
clauses.
2.14Election Funding Act 1981 No
78
Section 111 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 111
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.15Electricity Safety Act 1945 (1946 No
13)
Section 20
Definitions
Omit “the Standards Association of
Australia” from paragraph (a) of the definition of specification in section 20
(1).
Insert instead “Standards
Australia”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body and is consequential on the amendments to the Interpretation Act 1987 in relation to
Standards Australia set out in Schedule 1.
2.16Electricity Supply Act 1995 No
94
[1]Section 102 Proceedings for
offences
Insert “monetary” after
“maximum” in section 102 (4).
[2]Schedule 2
Licences
Omit “subsection (6)” from clause 6
(4) (a).
Insert instead “subclause
(6)”.
[3]Schedule 2, clause 6 (5)
(a)
Omit “to” where fourthly occurring.
Insert instead “it”.
Explanatory
note
Item [1] of the proposed amendments supplements
the amendment to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
Item [2] of the proposed amendments corrects a
cross-reference.
Item [3] of the proposed amendments corrects a
typographical error.
2.17Environmental Planning and Assessment Act 1979 No
203
Section 127 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 127
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.18Environmentally Hazardous Chemicals Act 1985 No
14
Section 56 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 56
(5).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.19Factories, Shops and Industries Act 1962 No
43
Section 145
Proceedings
Insert “monetary” after
“maximum” wherever occurring in section 145
(3A).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.20Fair
Trading Act 1987 No 68
[1]Section 63 Disposal of
proceedings for offence
Insert “monetary” after
“maximum” wherever occurring in section 63
(5).
[2]Section 92
Regulations
Omit “the Standards Association of
Australia” from section 92 (2).
Insert instead “Standards
Australia”.
Explanatory
note
Item [1] of the proposed amendments supplements
the amendment to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
Item [2] of the proposed amendments updates a
reference to the name of a body and is consequential on the amendments to the
Interpretation Act 1987 in relation to
Standards Australia set out in Schedule 1.
2.21Fines
Act 1996 No 99
Section 22 Persons who may
issue and deal with penalty notices (appropriate
officers)
Omit “Director of the Infringement
Processing Bureau of the Police Service or a person employed in that Bureau
and authorised by the Director” from section 22 (2) (b).
Insert instead “Manager, Infringement
Processing Services of the Police Service or a person employed in the
Infringement Processing Bureau of that Service and authorised by the Manager,
Infringement Processing Services”.
Explanatory
note
The proposed amendment updates a reference to an
office.
2.22Fisheries Management Act 1994 No
38
Section 277 Nature of
proceedings for offences
Insert “monetary” after
“maximum” in section 277 (2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.23Fluoridation of Public Water Supplies Act 1957 No
58
Section 4 Fluoridation of
Public Water Supplies Advisory Committee
Omit “The New South Wales Branch of the
Australian Medical Association” from section 4 (2) (b)
(i).
Insert instead “the Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body.
2.24Food
Production (Safety) Act 1998 No 128
Section 63 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 63
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.25Gas
Industry Restructuring Act 1986 No
213
Section 138 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 138
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.26Gas
Supply Act 1996 No 38
Section 81 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 81
(4).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.27Health
Administration Act 1982 No 135
Section 20B Establishment of
Medical Services Committee
Omit “New South Wales Branch of the
Australian Medical Association” from section 20B (2) (b)
(i).
Insert instead “Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body.
2.28Health
Services Act 1997 No 154
[1]Chapter 8 Visiting
practitioners
Omit “The New South Wales Branch of the
Australian Medical Association” from the Introduction to the
Chapter.
Insert instead “the Australian Medical
Association (NSW) Limited”.
[2]Dictionary
Omit “The New South Wales Branch of the
Australian Medical Association” from the definition of Association in Part
1.
Insert instead “the Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendments update a reference to the
name of a body.
2.29Hunter
Water Act 1991 No 53
Section 34 Disposal of
proceedings for offence
Insert “monetary” after
“maximum” wherever occurring in section 34
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.30Irrigation Act
1912 No 73
Section 31 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 31
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.31Irrigation Corporations Act
1994 No 41
Section 94 Disposal of
proceedings for offence
Insert “monetary” after
“maximum” wherever occurring in section 94
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.32Liquor
Act 1982 No 147
Section 97 Breath analysis
equipment
Omit “the Standards Association of
Australia” from section 97 (3).
Insert instead “Standards
Australia”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body and is consequential on the amendments to the Interpretation Act 1987 in relation to
Standards Australia set out in Schedule 1.
2.33Local
Government Act 1993 No 30
Section 263 Functions of the
Boundaries Commission
Omit “subsection (2)” from section
263 (2B).
Insert instead “this
section”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.34Marine
Parks Act 1997 No 64
Section 39 Proceedings for
offences
Insert “monetary” after
“maximum” in section 39 (2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.35Meat
Industry Act 1978 No 54
Section 76 Offences
generally
Insert “monetary” after
“maximum” wherever occurring in section 76
(4B).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.36Meat Industry Amendment Act
1998 No 129
Schedule 1
Amendments
Omit Schedule 1 [101].
Explanatory
note
The amendment removes a provision of the Meat Industry
Amendment Act 1998 that amends the Meat
Industry Act 1978. The provision cannot be properly
incorporated because of other amendments made to the Meat
Industry Act 1978 and is
unnecessary.
2.37Medical Practice Act 1992 No
94
Section 130
Membership
Omit “The New South Wales Branch of the
Australian Medical Association” from section 130 (2) (c).
Insert instead “the Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body.
2.38Mines
Inspection Act 1901 No 75
Section 69 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 69
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.39Motor
Accidents Act 1988 No 102
Section 78 Determination of
economic loss
Omit “(c)” where secondly occurring.
Insert instead “(d)”.
Explanatory
note
The proposed amendment removes a duplication in
paragraph numbering.
2.40Motor
Accidents Compensation Act 1999 No
41
[1]Section 45 Special
requirements relating to MAA Medical Guidelines relating to
impairment
Omit “only adopt the provisions of another
publication” from section 45 (3).
Insert instead “adopt the provisions of
another publication only”.
[2]Section 134 Maximum of amount
of damages for non-economic loss
Omit “section 126” from section 134
(2).
Insert instead “section
146”.
[3]Section 151 Costs where claims
assessment made
Omit “section 113” from section 151
(3).
Insert instead “section 111
(2)”.
[4]Section 208 Membership and
procedure of Council
Omit “Australian Medical Association (NSW
Branch)” from section 208 (1) (e).
Insert instead “Australian Medical
Association (NSW) Limited”.
[5]Schedule 5 Savings,
transitional and other provisions
Omit “MAC” from clause 11. Insert
instead “MAA”.
Explanatory
note
Item [1] of the proposed amendments corrects a
grammatical error consisting of the misplacement of a word.
Items [2] and [3] of the proposed amendments
correct cross-references.
Item [4] of the proposed amendments updates a
reference to the name of a body.
Item [5] of the proposed amendments corrects a
typographical error.
2.41Motor
Dealers Act 1974 No 52
Section 55
Proceedings
Insert “monetary” after
“maximum” wherever occurring in section 55
(1B).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.42Murray–Darling Basin Act 1992 No
65
Section 34 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 34
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.43Native
Vegetation Conservation Act 1997 No
133
Section 64 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 64
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.44Optical Dispensers Act 1963 No
35
Section 6 The
board
Omit “New South Wales Branch of the
Australian Medical Association” from section 6 (2) (e).
Insert instead “Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body.
2.45Passenger Transport Act 1990 No
39
Section 60 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 60
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.46Pesticides Act
1978 No 57
Section 59 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 59
(1A).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.47Physiotherapists Registration Act 1945 No
9
Section 13 Casual
vacancies
Omit “subsection (1) of section 5”
from section 13 (2) (a).
Insert instead “section 5 (2)
(b)”.
Explanatory
note
The proposed amendment updates a
cross-reference.
2.48Poisons and Therapeutic Goods Act 1966 No
31
[1]Section 6 Poisons Advisory
Committee
Omit “Australian Medical Association, New
South Wales Branch” from section 6 (3) (a).
Insert instead “Australian Medical
Association (NSW) Limited”.
[2]Section 30 Medical
Committee
Omit “Australian Medical Association, New
South Wales Branch” wherever occurring in section 30 (2) (a) and
(3).
Insert instead “Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendments update references to the
name of a body.
2.49Private Hospitals and Day Procedure Centres Act
1988 No 123
Section 4 Constitution of
Advisory Committee
Omit “New South Wales Branch of the
Australian Medical Association” from section 4 (4) (c).
Insert instead “Australian Medical
Association (NSW) Limited”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body.
2.50Protection of the Environment Operations Act
1997 No 156
Section 215 Proceedings for
other offences
Insert “monetary” after
“maximum” in section 215 (2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.51Public
Health Act 1991 No 10
Section 61M Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 61M
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.52Registered Clubs Act 1976 No
31
Section 68 Breath analysis
equipment
Omit “the Standards Association of
Australia” from section 68 (3).
Insert instead “Standards
Australia”.
Explanatory
note
The proposed amendment updates a reference to the
name of a body and is consequential on the amendments made to the Interpretation Act 1987 in relation to
Standards Australia set out in Schedule 1.
2.53Residential Parks Act 1998 No
142
Section 148 Proceedings for
offences
Insert “monetary” after
“maximum” in section 148 (4).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.54Residential Tenancies Act 1987 No
26
[1]Section 95 Tenancy
Commissioner may represent tenant
Omit “section 94”.
Insert instead “section 33 of the Residential Tribunal Act
1998”.
[2]Section 124 Evidence and
proceedings for offences
Omit “or 115” from section 124
(3).
[3]Section 124
(4)
Insert “monetary” after
“maximum”.
[4]Section 125 Offences and
penalties
Omit the matter relating to sections 115 and 116
(1) and (2) from section 125 (1).
Explanatory
note
Item [1] of the proposed amendments updates a
cross-reference to a repealed provision.
Items [2] and [4] of the proposed amendments
repeal obsolete cross-references.
Item [3] of the proposed amendments supplements
the amendment to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.55Revenue Laws (Reciprocal Powers) Act 1987 No
86
Section 19 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 19
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.56Rivers
and Foreshores Improvement Act 1948 No
20
Section 26 Proceedings and
penalties for offences
Insert “monetary” after
“maximum” wherever occurring in section 26
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.57Road
and Rail Transport (Dangerous Goods) Act 1997 No
113
Section 39 Proceedings for an
offence
Insert “monetary” after
“maximum” in section 39 (5).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.58Rural
Lands Protection Act 1998 No 143
Section 204 Proceedings for
offences
Insert “monetary” after
“maximum” in section 204 (3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.59Search
Warrants Act 1985 No 37
Section 10
Definitions
Omit all the matter relating to the Medical
Practitioners Act 1938 from the definition of search warrant.
Insert instead:
section 125 of the Medical Practice Act
1992,
Explanatory
note
The proposed amendment updates a reference to an
Act.
2.60Snowy
Hydro Corporatisation Act 1997 No 99
Section 51 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 51
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.61Soil
Conservation Act 1938 No 10
Section 29
Penalties
Insert “monetary” after
“maximum” wherever occurring in section 29
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.62Statute Law (Miscellaneous
Provisions) Act 1999 No 31
Schedule 2 Amendments by way
of statute law revision
Omit “section” wherever occurring in
Schedule 2.10 [2].
Explanatory
note
The proposed amendment corrects an incorporation
direction.
2.63Stock
(Chemical Residues) Act 1975 No 26
Section 15 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 15
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.64Stock
Medicines Act 1989 No 182
Section 60 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 60
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.65Supreme Court Act 1970 No
52
Section 17 Criminal
proceedings
Omit “registrar of the Criminal Division of
the Court” from section 17 (2) (b) (ii).
Insert instead
“Prothonotary”.
Explanatory
note
The proposed amendment updates a reference to an
officer of the Supreme Court. The Criminal Division of the Supreme Court was
abolished by the Courts Legislation Further Amendment Act
1998. Proceedings that were assigned to the Criminal
Division immediately before its abolition were, on that abolition, assigned to
the Common Law Division (and proceedings that were then pending in the
Criminal Division were taken to have been commenced in the Common Law
Division). The registrar of the Common Law Division is called the
Prothonotary.
2.66Sydney
Water Act 1994 No 88
Section 53 Disposal of
proceedings for offences
Insert “monetary” after
“maximum” wherever occurring in section 53
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.67Sydney
Water Catchment Management Act 1998 No
171
Section 68 Disposal of
proceedings for offences
Insert “monetary” after
“maximum” wherever occurring in section 68
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.68Taxation Administration Act 1996 No
97
Section 125 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 125
(3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.69Threatened Species Conservation Act 1995 No
101
[1]Schedule 1 Endangered species,
populations and ecological communities
Omit from under the subheading
“Capparaceae” under the heading “Plants” in
Part 1 of the Schedule the matter “Capparis loranthifolia var.
loranthifolia Lindley”.
Insert instead “Capparis
loranthifolia Lindley var.
loranthifolia”.
[2]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Convolvulaceae” the matter “Ipomoea diamentinensis
J. Black”.
Insert instead “Ipomoea
diamantinensis J. Black”.
[3]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Euphorbiaceae” the matter “Sauropus albiflorus
subsp. microcladus (Muell. Arg.) Airy Shaw”.
Insert instead “Phyllanthus
microcladus Muell. Arg.”.
[4]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Lamiaceae” the matter “*Prostanthera sp. Somersby
(B.J. Conn 4024)”.
Insert instead “*Prostanthera
junonis B.J. Conn”.
[5]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Lamiaceae” the matter “Westringia kydrenis
Conn”.
Insert instead “*Westringia
kydrensis Conn”.
[6]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Myrtaceae” the matter “*Eucalyptus pachycalyx Maiden
& Blakely”.
Insert instead “*Eucalyptus
pachycalyx subsp. banyabba K.D. Hill”.
[7]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Orchidaceae” the matter “*Phaius tankervilliae
(Banks ex L’Her.) Blume”.
Insert instead “*Phaius
tankarvilleae (Banks ex L’Her.) Blume”.
[8]Schedule 1, Part 1,
Plants
Insert in alphabetical order under the subheading
“Rutaceae” the matter “*Leionema lachnaeoides (A.
Cunn.) Paul G. Wilson”.
[9]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Rutaceae” the matter “*Phebalium lachnaeoides
Cunn.”.
[10]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Sapindaceae” the matter “Dodonaea microzyga var.
microzyga F. Muell.”.
Insert instead “Dodonaea microzyga
F. Muell. var. microzyga”.
[11]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Thymelaeaceae” the matter “Pimelea serpyllifolia
subsp. serpyllifolia R. Br.”.
Insert instead “Pimelea
serpyllifolia R. Br. subsp.
serpyllifolia”.
[12]Schedule 1, Part 1,
Plants
Omit from under the subheading
“Zamiaceae” the matter “Macrozamia moorei F.
Muell.”.
Insert instead “Macrozamia
johnsonii D.L. Jones & K. Hill”.
[13]Schedule 1, Part 3 Endangered
ecological communities
Insert an asterisk before the entry relating to
the Eastern Suburbs Banksia Scrub.
[14]Schedule 1, Part 4 Species
presumed extinct
Omit from under the heading
“Plants” the following matter:
Cyperaceae
†Eleocharis tetraquetra
Nees
[15]Schedule 1, Part 4,
Plants
Omit from under the subheading
“Rutaceae” the matter “Eriostemon angustifolius
subsp. angustifolius Paul G. Wilson”.
[16]Schedule 1, Part 4,
Plants
Insert in alphabetical order under the subheading
“Rutaceae” the matter “Philotheca angustifolia (Paul
G. Wilson) Paul G. Wilson subsp.
angustifolia”.
[17]Schedule 1, Part 4,
Plants
Omit from under the subheading
“Scrophulariaceae” the matter “*Euphrasia sp.
Tamworth (Rupp s.n., -/09/1904)”.
Insert instead “*Euphrasia ruptura
W.R. Barker”.
[18]Schedule 1, Part 4,
Plants
Omit from under the subheading
“Tremandraceae” the matter “Tetratheca pilosa subsp.
pilosa Labill.”.
Insert instead “Tetratheca pilosa
Labill. subsp. pilosa”.
[19]Schedule 2 Vulnerable
species
Omit from under the subheading
“Corynocarpaceae” under the heading “Plants” in
the Schedule the matter “*Corynocarpus rupestris subsp.
rupestris Guymer”.
Insert instead “*Corynocarpus
rupestris Guymer subsp. rupestris”.
[20]Schedule 2,
Plants
Omit from under the subheading
“Ericaceae” the matter “*Gaultheria viridicarpa
subsp. viridicarpa J.B. Williams ms”.
Insert instead “*Gaultheria
viridicarpa J.B. Williams ms subsp.
viridicarpa”.
[21]Schedule 2,
Plants
Omit from under the subheading
“Fabaceae” the matter “*Pultenaea parrisiae subsp.
parrisiae J.D. Briggs & Crisp”.
Insert instead “*Pultenaea
parrisiae J.D. Briggs & Crisp subsp.
parrisiae”.
[22]Schedule 2,
Plants
Omit from under the subheading
“Haloragaceae” the matter “*Haloragis exalata subsp.
exalata F. Muell.”.
Insert instead “*Haloragis exalata
F. Muell. subsp. exalata”.
[23]Schedule 2,
Plants
Omit from under the subheading
“Lamiaceae” the matter “*Prostanthera sp. Bundjalung
National Park (B.J. Conn 3471)”.
Insert instead “*Prostanthera
palustris B.J. Conn”.
[24]Schedule 2,
Plants
Omit from under the subheading
“Myrtaceae” the matter “*Baeckea sp. Pyramids (W.J.
McDonald 357)”.
Insert instead “*Babingtonia
granitica A.R. Bean”.
[25]Schedule 2,
Plants
Insert in alphabetical order under the subheading
“Myrtaceae” the matter “*Eucalyptus canobolensis
(L.A.S. Johnson & K.D. Hill) J.T. Hunter”.
[26]Schedule 2,
Plants
Omit from under the subheading
“Myrtaceae” the matter “*Eucalyptus rubida subsp.
canobolensis L. Johnson & K. Hill”.
[27]Schedule 2,
Plants
Insert an asterisk before the following entry
appearing under the subheading “Myrtaceae”:
Kunzea rupestris
Blakely
[28]Schedule 2,
Plants
Omit from under the subheading
“Orchidaceae” the matter “*Caladenia tesselata
Fitzg.”.
Insert instead “*Caladenia
tessellata Fitzg.”.
[29]Schedule 2,
Plants
Omit from under the subheading
“Orchidaceae” the matter “*Diuris schaeffiana
Fitzg.”.
Insert instead “*Diuris sheaffiana
Fitzg.”.
[30]Schedule 2,
Plants
Omit from under the subheading
“Rutaceae” the following matter:
*Eriostemon ericifolius Cunn. ex
Benth.
*Phebalium ralstonii (F. Muell.) Benth.
*Phebalium rhytidophyllum Albrecht & N.
Walsh
*Phebalium sympetalum Paul G.
Wilson
[31]Schedule 2,
Plants
Insert in alphabetical order under the subheading
“Rutaceae” the following matter:
*Leionema ralstonii (F. Muell.) Paul G.
Wilson
*Leionema sympetalum (Paul G. Wilson) Paul G.
Wilson
*Nematolepis rhytidophylla (Alb. & N.G.
Walsh) Paul G. Wilson
*Philotheca ericifolia (A. Cunn. ex Benth.) Paul
G. Wilson
Explanatory
note
Schedule 1 to the Threatened
Species Conservation Act 1995 contains lists of endangered
species, populations and ecological communities and species presumed extinct.
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. Items [13] and [27] of the proposed amendments insert an appropriate
asterisk.
Items [1], [2], [5], [7], [10], [11],
[18]–[22], [28] and [29] of the proposed amendments correct the name of
a species.
Items [3], [6], [8], [9], [12], [15], [16], [30]
and [31] of the proposed amendments reflect a change in the classification of
a species.
Items [4], [17] and [23]–[26] of the
proposed amendments arise out of the publication of the classification of a
species.
Item [14] of the proposed amendments omits an
entry for a plant in Part 4 (Species presumed extinct) of Schedule 1 to the
Act as the plant has been inserted in Part 1 (Endangered species) of the
Schedule (see Gazette No 79 of 9 July 1999 at page
4855).
2.70Timber
Marketing Act 1977 No 72
[1]Section 4
Definitions
Omit “the Standards Association of
Australia” from the definition of standard in section 4
(1).
Insert instead “Standards
Australia”.
[2]Section 26A
Definitions
Omit “the Standards Association of
Australia” from the definition of Australian Standard.
Insert instead “Standards
Australia”.
Explanatory
note
The proposed amendments update references to the
name of a body and are consequential on the amendments to the Interpretation Act 1987 in relation to
Standards Australia set out in Schedule 1.
2.71Transport Administration Act 1988 No
109
Section 78 Payments into Roads
and Traffic Authority Fund
Omit “Motor Vehicle Driving Instructors Act
1961” from section 78 (1) (b) (ii).
Insert instead “Driving Instructors Act
1992”.
Explanatory
note
The proposed amendment updates a reference to an
Act.
2.72Trustee Companies Act 1964 No
6
[1]Second
Schedule
Omit “National Mutual Trustees
Limited”.
Insert instead “AXA Trustees
Limited”.
[2]Third Schedule, First
Part
Omit “Austrust
Limited”.
Insert instead “Tower Trust
Limited”.
[3]Third Schedule, First
Part
Omit “National Mutual Trustees
Limited”.
Insert instead “AXA Trustees
Limited”.
Explanatory
note
The proposed amendments are consequential on the
change of name of certain trustee companies.
2.73Very
Fast Train (Route Investigation) Act 1989 No
44
Section 21 Proceedings for
offences
Insert “monetary” after
“maximum” in section 21 (3).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.74Waste Minimisation and
Management Act 1995 No 102
[1]Section 73 Waste Planning and
Management Fund
Omit “clause 72” from section 73
(3).
Insert instead “section 88 of the Protection of the Environment Operations Act
1997”.
[2]Section 73
(3)
Omit
“controlled”.
Explanatory
note
Item [1] of the proposed amendments updates a
cross-reference.
Item [2] of the proposed amendments updates the
terminology used in a provision that presently refers to “controlled
waste facilities”. Such facilities are now licensed under the Protection of the Environment Operations Act
1997 and referred to as “waste
facilities”.
2.75Water
Act 1912 No 44
[1]Section 4G Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 4G
(3).
[2]Section 5 (1) (definition of
“Local occupier”) and sections 11 (2), (2A) and (5), 13A (4), 18G
(b), 20A (1A), (1B) and (2), 20CA (4) (d), 20E (2) (b1) and (b2), 170 (1) (a)
and 173 (2) and (3)
Omit “proclaimed local area” wherever
occurring.
Insert instead “declared local
area”.
Explanatory
note
Item [1] of the proposed amendments supplements
the amendment to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
Item [2] of the proposed amendments updates the
terminology used in certain provisions of the Water Act
1912.
2.76Water Supply Authorities
Act 1987 No 140
Section 52 Disposal of
proceedings for offence
Insert “monetary” after
“maximum” wherever occurring in section 52
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
2.77Workplace Injury Management and Workers Compensation Act
1998 No 86
Section 245 Proceedings for
offences
Insert “monetary” after
“maximum” wherever occurring in section 245
(2).
Explanatory
note
The proposed amendment supplements the amendment
to the Interpretation Act
1987 relating to the maximum monetary penalty Local Courts
may impose set out in Schedule 1.
Schedule 3Amendments transferring
provisions
(Section 3)
3.1Forestry Act 1916 No
55
[1]Third Schedule Savings,
transitional and other provisions
Insert after the heading to the Schedule:
1Forestry (Amendment) Act
1924
(1)
The powers, duties and authorities of the
dissolved body corporate are vested in the corporation
sole.
(2)
All real and personal property vested in the
dissolved body corporate immediately before 8 April 1925 is transferred and
vested in the corporation sole, subject to any trusts or equities affecting
the property.
(3)
All liabilities of the dissolved body corporate
may be pursued against the corporation sole or its
successors.
(4)
A reference in any other Act, in any instrument
made under any Act or in any document, to the dissolved body corporate is
taken to be a reference to the corporation sole.
(5)
This clause is taken to have commenced on 8 April
1925 (the date of commencement of the amending Act).
(6)
Subclauses (1)–(4) re-enact (with minor
modifications) section 5 (1)–(4) of the amending Act. Subclauses
(1)–(4) are transferred provisions to which section 30A of the Interpretation Act 1987
applies.
(7)
In this clause:
amending
Act means the Forestry (Amendment) Act
1924.
corporation sole means the
corporation sole constituted under section 7.
dissolved
body corporate means the body corporate dissolved by the
amending Act.
2Forestry (Amendment) Act
1978
(1)
A licence that confers authority with respect to
the ringbarking or other killing or destruction of trees granted under a
provision of this Act repealed by the amending Act, being a licence in force
immediately before the date of repeal, is taken to be a clearing licence under
section 27G.
(2)
A permit granted under a provision of this Act
repealed by the amending Act, being a permit in force immediately before the
date of repeal, is taken to be:
(a)
where the permit confers authority to graze and
water animals—a grazing permit under section 31 (1),
or
(b)
where the permit confers authority to occupy
land—an occupation permit under section 31
(1A).
(3)
This clause is taken to have commenced on 1 July
1983 (the date of commencement of the amending Act).
(4)
Subclauses (1) and (2) re-enact (with minor
modifications) section 5 of the amending Act. Subclauses (1) and (2) are
transferred provisions to which section 30A of the Interpretation Act 1987
applies.
(5)
In this clause:
amending
Act means the Forestry (Amendment) Act
1978.
[2]Third
Schedule
Renumber the existing clause of the Schedule as
clause 3.
Explanatory
note
The proposed amendments insert in the Third
Schedule (Savings, transitional and other provisions) to the Forestry Act 1916 the substance of
savings and transitional provisions (of possible ongoing effect) contained in
the Forestry (Amendment) Act 1924 and the
Forestry (Amendment) Act 1978. The
enactment of the amendments enables the repeal of those Acts by Schedule 4 to
this Act. In accordance with section 30A of the Interpretation Act 1987, the transfer of
the provisions does not affect the operation (if any) or meaning of the
provisions.
3.2Housing Act
1912 No 7
Section 50 and Schedule
1
Insert after section 49:
50Savings and transitional
provisions
Schedule 1 has effect.
Schedule 1Savings and transitional
provisions
(Section 50)
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
Housing (Amendment) Act
1982
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned 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.
(4)
Subclauses (1)–(3), in their application to
the Housing (Amendment) Act 1982, re-enact
(with minor modifications) clause 13 of Schedule 4 to the Housing (Amendment) Act
1982. Subclauses (1)–(3) are transferred provisions
to which section 30A of the Interpretation
Act 1987 applies.
2Provision consequent on
enactment of Housing (Amendment) Act
1982
(1)
On and from 20 February 1983, a reference in any
other Act, in any instrument made under any Act or in any document of any
kind, being a reference, or a reference to be construed as a reference, to the
Housing of the Unemployed Act 1934, the
Housing Improvement Act 1936 or the
Housing Act 1941, is taken to be a
reference to this Act.
(2)
This clause is taken to have commenced on 20
February 1983 (the date of commencement of Schedule 4 to the amending
Act).
(3)
Subclause (1) re-enacts (with minor
modifications) clause 6 (b) of Schedule 4 to the amending Act. Subclause (1)
is a transferred provision to which section 30A of the Interpretation Act 1987
applies.
(4)
In this clause:
amending
Act means the Housing (Amendment) Act
1982.
Explanatory
note
The proposed amendment inserts Schedule 1
(Savings and transitional provisions) into the Housing Act 1912.
The Schedule includes the substance of savings and transitional provisions (of
possible ongoing effect) contained in the Housing (Amendment) Act
1982. The enactment of the amendment enables the repeal of
that Act by Schedule 4 to this Act. In accordance with section 30A of the
Interpretation Act 1987, the transfer of
the provisions does not affect the operation (if any) or meaning of the
provisions.
3.3Housing Act
1985 No 163
Section 17 References to
Corporation etc
Insert after section 17 (2):
(3)
On and from 20 February 1983, a reference in any
other Act, in any instrument made under any Act or in any document of any
kind, being a reference, or a reference to be construed as a reference,
to:
(a)
The Housing Commission of New South Wales,
or
(b)
the corporation constituted by section 3 of the
Housing Act 1912 as in force immediately
before 20 February 1983, or
(c)
the Homes for Unemployed Trust,
or
(d)
The Housing Improvement Board of New South
Wales,
is taken to be a reference to the
Corporation.
(4)
Subclause (3) is taken to have commenced on 20
February 1983 (the date of commencement of Schedule 4 to the Housing
(Amendment) Act 1982).
(5)
Subclause (3) re-enacts (with minor
modifications) clause 6 (a) of Schedule 4 to the Housing (Amendment) Act
1982. Subclause (3) is a transferred provision to which
section 30A of the Interpretation Act
1987 applies.
Explanatory
note
The proposed amendment inserts into the Housing Act
1985 the substance of a savings provision (of possible
ongoing effect) contained in the Housing (Amendment) Act
1982. The enactment of the amendment enables the repeal of
that Act by Schedule 4 to this Act. In accordance with section 30A of the
Interpretation Act 1987, the transfer of
the provision does not affect the operation (if any) or meaning of the
provision.
3.4Long
Service Leave Act 1955 No 38
Section 16 and Schedule
1
Insert after section 15:
16Savings and transitional
provisions
Schedule 1 has effect.
Schedule 1Savings and transitional
provisions
(Section 16)
1Provision consequent on
enactment of Long Service Leave (Amendment) Act
1985
(1)
For the purposes of:
(a)
the application of section 4 (11) in respect of a
period of service before 9 May 1985, and
(b)
without affecting the generality of paragraph
(a), any proceedings instituted before or after that date in relation to the
long service leave entitlement of a worker in respect of a period of service
before that date,
section 4 (11) is to be construed as if it had not been
amended by the amending Act.
(2)
Section 13 (2) and (4), as in force immediately
before 4 May 1995, continues to apply to and in respect of any award or
industrial agreement or right of a person to payment in respect of long
service leave, as the case may be, to which those subsections applied
immediately before that date and to which those subsections, as amended by the
amending Act, do not apply.
(3)
This clause is taken to have commenced on 9 May
1985 (the date of assent to the amending Act).
(4)
Subclauses (1) and (2) re-enact (with minor
modifications) clauses 3 and 4 of Schedule 3 to the amending Act. Subclauses
(1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987
applies.
(5)
In this clause:
amending
Act means the Long Service Leave (Amendment) Act
1985.
Explanatory
note
The proposed amendment inserts Schedule 1
(Savings and transitional provisions) into the Long Service Leave Act
1955. The Schedule includes the substance of savings and
transitional provisions (of possible ongoing effect) contained in the Long Service
Leave (Amendment) Act 1985. The enactment of the amendment
enables the repeal of that Act by Schedule 4 to this Act. In accordance with
section 30A of the Interpretation Act
1987, the transfer of the provisions does not affect the
operation (if any) or meaning of the provisions.
3.5Lord
Howe Island Act 1953 No 39
[1]Section
39
Insert after section 38:
39Savings and transitional
provisions
Schedule 2 has effect.
[2]Schedule
2
Insert after Schedule 1:
Schedule 2Savings and transitional
provisions
(Section 39)
1Provision consequent on
enactment of Lord Howe Island (Amendment) Act
1981
(1)
If, before 1 January 1982, a lease under section
21 devolved beneficially under the will, or on the intestacy, of a lineal
ancestor on an Islander who was already a lessee under that section and the
Minister, otherwise than pursuant to section 21 (7), suspended, or purported
to suspend, the condition of residence applicable to the lease:
(a)
the suspension is taken to have been effected,
and the conditions to which the suspension was made subject are taken to have
been imposed, by order made by the Minister, and
(b)
the suspension and conditions have, and are taken
always to have had, the same effect as they would have had if section 23 (12),
as amended by the amending Act, had been in force at the time of the
suspension.
(2)
This clause is taken to have commenced on 1
January 1982 (the date of commencement of the amending
Act).
(3)
Subclause (1) re-enacts (with minor
modifications) clause 10 of Schedule 8 to the amending Act. Subclause (1) is a
transferred provision to which section 30A of the Interpretation Act 1987
applies.
(4)
In this clause:
amending
Act means the Lord Howe Island (Amendment) Act
1981.
Explanatory
note
The proposed amendments insert Schedule 2
(Savings and transitional provisions) into the Lord Howe Island Act
1953. The Schedule includes the substance of a savings
provision (of possible ongoing effect) contained in the Lord Howe Island
(Amendment) Act 1981. The enactment of the amendments
enables the repeal of that Act by Schedule 4 to this Act. In accordance with
section 30A of the Interpretation Act
1987, the transfer of the provision does not affect the
operation (if any) or meaning of the provision.
3.6National Parks and Wildlife Act 1974 No
80
Schedule 3 Savings,
transitional and other provisions
Insert after clause 22:
22ATransitional provision
consequent on enactment of National Parks and Wildlife Amendment
(Game Birds Protection) Act 1995
(1)
In so far as:
(a)
a licence in force under Division 2 of Part 9
immediately before 30 November 1995, or
(b)
an authority in force under section 171 (1)
immediately before that day,
has the effect of authorising its holder to take or kill
game birds for sporting or recreational purposes, the licence or authority
ceases to have that effect on that day. However, the licence or authority does
not cease to authorise a sporting or recreational shooter from taking or
killing game birds for any other specified lawful
purpose.
(2)
This clause is taken to have commenced on 30
November 1995 (the date of assent to the amending Act).
(3)
Subclause (1) re-enacts (with minor
modifications) section 4 (1) of the amending Act. Subclause (1) is a
transferred provision to which section 30A of the Interpretation Act 1987
applies.
(4)
In this clause:
amending
Act means the National Parks and Wildlife Amendment
(Game Birds Protection) Act 1995.
Explanatory
note
The proposed amendment inserts in Schedule 3
(Savings, transitional and other provisions) to the National Parks and Wildlife Act 1974 the
substance of a transitional provision (of possible ongoing effect) contained
in the National Parks and Wildlife Amendment (Game Birds
Protection) Act 1995. The enactment of the amendment
enables the repeal of that Act by Schedule 4 to this Act. In accordance with
section 30A of the Interpretation Act
1987, the transfer of the provision does not affect the
operation (if any) or meaning of the provision.
3.7Petroleum (Submerged Lands) Act 1982 No
23
Schedule 4 Savings,
transitional and other provisions
Insert in appropriate order:
Part 1AProvisions consequent on
enactment of Petroleum (Submerged Lands) Further Amendment Act
1991
1APetroleum (Submerged Lands)
Further Amendment Act 1991
(1)
If:
(a)
at the commencement of this clause, a nomination
had been made under section 37, and
(b)
at that commencement, a declaration had not been
made under section 38 as a result of the making of the
nomination,
sections 37, 38 or 39, as in force immediately before
the commencement of this clause, continue to have effect in relation to that
nomination and the block or blocks that would be affected by a declaration as
if the amending Act had not been enacted.
(2)
A declaration made under section 38 as continued
in force by subclause (1) has effect, and this Act, as amended by the amending
Act, applies to the declaration, as if the declaration had been made under
that section as amended by the amending Act.
(3)
A declaration in force under section 38
immediately before the commencement of this clause has effect after that
commencement as if it were a declaration under section 38, as amended by the
amending Act.
(4)
If:
(a)
the permittee under a permit granted before the
commencement of this clause applies under section 41, as amended by the
amending Act, for a licence, and
(b)
the location that includes the block or blocks to
which the application relates was declared under section 38, as amended by the
amending Act, and
(c)
the location consists of not more than 8 blocks,
and
(d)
the Minister notifies the applicant in writing
that, in the Minister’s opinion, the number of blocks specified in the
notification represents the maximum number of blocks that the applicant would
have been entitled to have declared as a location instead of the block or
blocks constituting the location referred to in paragraph (b) if the amending
Act had not been enacted, and
(e)
the number of blocks specified in the
notification exceeds the number of blocks in the location referred to in
paragraph (b),
section 41 (1), as amended by the amending Act, applies
as if the firstmentioned location were constituted by the number of blocks
specified in the notification referred to in paragraph
(d).
(5)
If, when the first regulations made for the
purposes of section 81 (4) (b), as amended by the amending Act, take effect,
an application for approval of a dealing has been made but the Minister has
neither approved nor refused to approve the dealing:
(a)
the Minister must give to the applicant written
notice that the applicant is entitled to lodge an instrument for the purpose
of section 81 (4) (b) in relation to the application, and
(b)
the applicant may lodge an instrument for the
purpose of section 81 (4) (b), and
(c)
the application must not be dealt with by the
Minister until after the end of 30 days after the day on which notice is given
for the purpose of paragraph (a), and
(d)
if the applicant lodges an instrument under
paragraph (b)—the applicant must lodge with the instrument 2 copies of
the instrument.
(6)
An instrument lodged under subclause (5) must be
taken, for the purposes of section 81 (13), as amended by the amending Act, to
have accompanied the application when the application was
lodged.
(7)
This clause is taken to have commenced on 14
January 1992 (28 days after the date of assent to the amending
Act).
(8)
Subclauses (1)–(6) re-enact (with minor
modifications) Schedule 3 to the amending Act. Subclauses (1)–(6) are
transferred provisions to which section 30A of the Interpretation Act 1987
applies.
(9)
In this clause:
amending
Act means the Petroleum (Submerged Lands) Further
Amendment Act 1991.
Explanatory
note
The proposed amendment inserts in Schedule 4
(Savings, transitional and other provisions) to the Petroleum (Submerged Lands) Act 1982 the
substance of transitional provisions (of possible ongoing effect) contained in
the Petroleum (Submerged Lands) Further Amendment Act
1991. The enactment of the amendment enables the repeal of
that Act by Schedule 4 to this Act. In accordance with section 30A of the
Interpretation Act 1987, the transfer of
the provisions does not affect the operation (if any) or meaning of the
provisions.
3.8Stock
Diseases Act 1923 No 34
Schedule 2 Savings,
transitional and other provisions
Insert after clause 1:
Part 1AProvision consequent on
enactment of Statute Law (Miscellaneous Provisions) Act
1986
1ASavings
provision
(1)
A person holding office as an inspector, or
authorised to carry out any or all of the duties and exercise any or all of
the powers of an inspector, under this Act, as in force immediately before the
commencement of the amending provisions is taken to have been duly appointed
as an inspector, or authorised to perform the duties and exercise the powers
of an inspector, on that commencement under this Act, as amended by the
amending provisions.
(2)
This clause is taken to have commenced on 1 May
1986 (the date of commencement of the amending
provisions).
(3)
Subclause (1) re-enacts (with minor
modifications) clause 4 of Schedule 24 to the Statute Law (Miscellaneous Provisions)
Act 1986. Subclause (1) is a transferred provision to
which section 30A of the Interpretation Act
1987 applies.
(4)
In this clause:
amending
provisions means Schedule 18 to the Statute Law (Miscellaneous
Provisions) Act 1986.
Part 1BProvision consequent on
enactment of Stock Diseases (Board of Tick Control) Amendment Act
1988
1BSavings
provisions
(1)
The repeal and re-enactment by the amending Act
of Part 2 of this Act does not affect the continuity of employment of an
inspector referred to in section 5 (10) (as in force immediately before that
repeal and re-enactment).
(2)
Any right or interest, and any duty or
obligation, that was, immediately before 7 October 1988, conferred or imposed
on an inspector by virtue of section 5 (9) or (10) continues as if the
amending Act had not been enacted.
(3)
This clause is taken to have commenced on 7
October 1988 (the date of commencement of the amending
Act).
(4)
Subclauses (1) and (2) re-enact (with minor
modifications) section 4 (2) and (3) of the amending Act. Subclauses (1) and
(2) are transferred provisions to which section 30A of the Interpretation Act 1987
applies.
(5)
In this clause:
amending
Act means the Stock Diseases (Board of Tick Control)
Amendment Act 1988.
Explanatory
note
The proposed amendment inserts in Schedule 2
(Savings and transitional provisions) to the Stock Diseases
Act 1923 the substance of savings provisions (of possible
ongoing effect) contained in clause 4 of Schedule 24 to the Statute Law
(Miscellaneous Provisions) Act 1986 and in the Stock Diseases
(Board of Tick Control) Amendment Act 1988. The enactment
of the amendment enables the repeal of that Act by Schedule 4 to this Act. In
accordance with section 30A of the Interpretation
Act 1987, the transfer of the provisions does not affect
the operation (if any) or meaning of the provisions.
3.9Workmen’s Compensation (Lead Poisoning—Broken
Hill) Act 1922 No 31
Section 17 and Schedule
1
Insert after section 16:
17Savings and transitional
provisions
Schedule 1 has effect.
Schedule 1Savings and transitional
provisions
(Section 17)
1Transitional provision
consequent on enactment of Workmen’s Compensation (Lead
Poisoning—Broken Hill) Amendment Act
1924
(1)
This Act is to be read as if the amendments made
by section 2 of the amending Act had been enacted as part of this Act when it
was first enacted.
(2)
This clause is taken to have commenced on 17
November 1924 (the date of assent to the amending Act).
(3)
Subclause (1) re-enacts (with minor
modifications) section 2 (2) of the amending Act. Subclause (1) is a
transferred provision to which section 30A of the Interpretation Act 1987
applies.
(4)
In this clause:
amending
Act means the Workmen’s Compensation (Lead
Poisoning—Broken Hill) Amendment Act
1924.
Explanatory
note
The proposed amendment inserts Schedule 1
(Savings and transitional provisions) into the Workmen’s
Compensation (Lead Poisoning—Broken Hill) Act 1922.
The Schedule includes the substance of a transitional provision (of possible
ongoing effect) contained in the Workmen’s Compensation (Lead
Poisoning—Broken Hill) Amendment Act 1924. The
enactment of the amendment enables the repeal of that Act by Schedule 4 to
this Act. In accordance with section 30A of the Interpretation Act 1987, the transfer of
the provision does not affect the operation (if any) or meaning of the
provision.
Schedule 4Repeals
(Section 4)
Name of
Act
Extent of
repeal
Aboriginal Land Rights Act 1983 No
42
Section 70
and Schedule 3
Accommodation Levy Act 1997 No 32
Section
16
Administration of Justice Act 1968 No
3
Sections 4,
8, 11 and 14
Adoption Information Act 1990 No
63
Section 43
and Schedule 1
Adoption
Information Amendment Act 1995 No
611
Whole of
Act
Agricultural and Veterinary Chemicals (New South Wales) Act
1994 No 53
Section 37
and Schedule 1
Air Transport Act 1964 No 36
Sections
14–16
Air Transport
(Amendment) Act 1987 No 1122
Whole of
Act
AJC Principal Club
Amendment Act 1997 No 241
Whole of
Act
Ambulance Services Act 1990 No 16
Section 32
and Schedule 2
Animal Research
Amendment Act 1997 No 251
Whole of
Act
Animals Act 1977 No 25
Section 12
and Schedule 2
Annual Holidays
Amendment Act 1997 No 261
Whole of
Act
Anti-Discrimination (Compulsory Retirement) Amendment Act
1990 No 991
Whole of
Act
Appropriation Act
1997 No 315
Whole of
Act
Appropriation Act
1998 No 745
Whole of
Act
Appropriation
(Parliament) Act 1997 No 335
Whole of
Act
Appropriation
(Parliament) Act 1998 No 755
Whole of
Act
Appropriation
(Refunds and Subsidies) Act 1997 No
1085
Whole of
Act
Appropriation
(Special Offices) Act 1997 No 345
Whole of
Act
Appropriation
(Special Offices) Act 1998 No 765
Whole of
Act
Appropriation
(1996–97 Budget Variations) Act 1997 No
355
Whole of
Act
Appropriation
(1997–98 Budget Variations) Act 1998 No
775
Whole of
Act
Appropriation
(1997–98 Budget Variations) Act (No 2) 1998 No
1355
Whole of
Act
Attachment of Wages Limitation Act 1957 No
28
Sections
6–8
Australian Mutual Provident Society (Demutualisation and
Reconstruction) Act 1997 No 56
Section 34
and Schedule 1
Bail Amendment Act
1998 No 1084
Whole of
Act
Banana Industry Act 1987 No 66
Section
34
Bank Mergers Act 1996 No 130
Section
9
Banking
(Interpretation of References) Act 1959 No 32
Sections 2
and 5–7
Baptist Churches
of New South Wales Property Trust (Amendment) Act 1992 No
761
Whole of
Act
Bicentennial Park
Trust Act 1987 No 29
Section
27
Births, Deaths and Marriages Registration Act 1995 No
62
Sections 65
and 66 and Schedules 1 and 2
Board of Vocational Education and Training Act 1994 No
33
Section 12
and Schedule 2
Bread Repeal Act
1996 No 31
Whole of
Act
Broken Hill Trades Hall Site Extension Act 1915 No
42
Section
4
Building Services
Corporation Legislation Amendment Act 1996 No
1221
Whole of
Act
Business Franchise Licences (Repeal) Act 1997 No
109
Section 4
and Schedule 1
Business Franchise
Licences (Tobacco) Amendment Act 1996 No
1191
Whole of
Act
Casino Control
Amendment Act 1997 No 1371
Whole of
Act
Catchment Management Act 1989 No
235
Sections
65–68 and 69 (a)
Cattle
Compensation (Amendment) Act 1993 No
212
Whole of
Act
Centennial Park
and Moore Park Trust (Royal Easter Show) Amendment Act 1993 No
431
Whole of
Act
Charitable Fundraising Act 1991 No
69
Section 57
and Schedule 1
Children (Interstate Transfer of Offenders) Act 1988 No
85
Section
23
Chiropractors and Osteopaths Act 1991 No
7
Section
66
City of Sydney Act 1988 No 48
Section 53
and Schedule 2
Civil Aviation
(Carriers’ Liability) Amendment Act 1996 No
701
Whole of
Act
Classification
(Publications, Films and Computer Games) Act 1995 No
63
Sections 66
and 67 and Schedules 2 and 3
Coal Acquisition
(Amendment) Act 1990 No 201
Whole of
Act
Coal Acquisition
Amendment Act 1997 No 221
Whole of
Act
Coal and Oil Shale
Mine Workers (Superannuation) Amendment Act 1994 No
12
Whole of
Act
Coal Industry
Amendment Act 1995 No 191
Whole of
Act
Coal Ownership (Restitution) Act 1990 No
19
Section
10
Commonwealth
Powers (Family Law Children) Amendment Act 1996 No
601
Whole of
Act
Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
Section 125
and Schedule 2
Companies and
Securities Legislation (Amendment) Act 1989 No
1312
Whole of
Act
Constitution and
Parliamentary Electorates and Elections Amendment Act 1997 No
882
Whole of
Act
Consumer Credit Administration Act 1995 No
69
Section 50
and Schedule 1
Contaminated Land Management Act 1997 No
140
Section 114
and Schedule 1
Conveyancers Licensing Act 1995 No
57
Section 93
and Schedule 1
Conveyancing Act 1919 No 6
Section
204
Conveyancing
Amendment Act 1997 No 171
Whole of
Act
Coomealla Irrigation Area Deep Drainage (Repeal) Act
1979 No 162
Section
4
Co-operatives Act 1992 No 18
Section 445
and Schedule 7
Corporations (New South Wales) Act 1990 No
83
Section 98
and Schedule 1
Costs in Criminal Cases Act 1967 No
13
Section
7
Courts Legislation
Amendment Act 1996 No 1111
Whole of
Act
Courts Legislation
(Contempt) Amendment Act 1991 No 711
Whole of
Act
Courts Legislation
Further Amendment Act 1995 No 881
Whole of
Act
Courts Legislation
Further Amendment Act 1997 No 1411
Whole of
Act
Crimes Amendment
(Child Pornography) Act 1997 No 1421
Whole of
Act
Crimes Legislation
Amendment Act 1997 No 851
Whole of
Act
Criminal Assets Recovery Act 1990 No
23
Sections
68–70
Criminal Procedure
Amendment (Sentencing Guidelines) Act 1998 No
1594
Whole of
Act
Crown Lands
(Amendment) Act 1932 No 69
Section 2
and Schedule
Crown Lands and
Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act
1997 No 1111
Whole of
Act
Crown Lands and
Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 No
671
Whole of
Act
Crown Proceedings Act 1988 No 70
Section 11
and Schedule 1
Dangerous Goods Act 1975 No 68
Section 45
(1) and (2) and Schedules 1 and 2
Debits Tax Act 1990 No 112
Section 54
and Schedule 2
Decimal Currency Act 1965 No 33
Section 4
(1) and (2) and First Schedule
Defamation Act 1974 No 18
Section 5
and Schedule 1
Dental Technicians Registration Act 1975 No
40
Section
36
Disability Services Act 1993 No 3
Section 28
and Schedule 2
District Court Act 1973 No 9
Section 181
and Schedule 2
District Court
Amendment Act 1997 No 581
Whole of
Act
Dividing Fences Act 1991 No 72
Section 30
and Schedule 2
Drainage Act
1939 No 29
Section
2
Driving Instructors Act 1992 No 3
Section 62
and Schedule 2
Dust Diseases Tribunal Act 1989 No
63
Section
36
Duties Act 1997 No 123
Section 315
and Schedule 2
Duties Amendment
(Managed Investments) Act 1998 No
634
Whole of
Act
Education Act 1990 No 8
Section
132
Education Reform
Amendment (Board Inspectors) Act 1997 No
71
Whole of
Act
Education Reform
Amendment (School Discipline) Act 1995 No
931
Whole of
Act
Electricity Commission (Balmain Electric Light Company Purchase)
Act 1950 No 40
Section
13
Electricity Commission (Transfer of Reticulation Works) Act
1957 No 43
Section
12
Electricity
Legislation Amendment Act 1995 No
181
Whole of
Act
Electricity
Legislation Amendment (Wholesale Electricity Market) Act 1997 No
211
Whole of
Act
Electricity Supply
Amendment Act 1997 No 361
Whole of
Act
Electricity Supply
Amendment (Transmission Operator’s Levy) Act 1998 No
784
Whole of
Act
Emergency
Legislation Amendment (Offences) Act 1996 No
891
Whole of
Act
Energy Legislation
(Miscellaneous Amendments) Act 1994 No
821
Whole of
Act
Energy Services Corporations Act 1995 No
95
Section 19
and Schedule 4
Entertainment Industry Act 1989 No
230
Section 66
and Schedule 4
Entertainment
Industry (Interim Council) Amendment Act 1993 No
171
Whole of
Act
Environmental
Legislation Amendment (Enforcement) Act 1996 No
1011
Whole of
Act
Environmental
Planning and Assessment Amendment Act 1997 No
1521
Whole of
Act
Environmental
Planning and Assessment (Part 5) Amendment Act 1993 No
931
Whole of
Act
Environmental
Planning and Water Legislation Amendment Act 1996 No
311
Whole of
Act
Evidence (Children) Act 1997 No
143
Section 33
and Schedule 1
Evidence
(Consequential and Other Provisions) Act 1995 No
27
Section 4
and Schedule 1
Exotic Diseases of Animals Act 1991 No
73
Sections 79
(1) and 80 and Schedule 1
Fair Trading Act 1987 No 68
Section
93
Fair Trading
Legislation Amendment Act 1997 No
821
Whole of
Act
Farm Debt
Mediation Amendment Act 1996 No 1061
Whole of
Act
Farm Produce (Repeal) Act 1996 No
134
Section 3
and Schedule 1
Film Industry
Amendment Act 1996 No 821
Whole of
Act
Finances
Adjustment (Further Provisions) Act 1932 No 64
Section
11
Financial Agreement Act 1994 No
71
Section 6
(1)
Financial Agreement (Amendment) Act 1976 No
35
Section
4
Financial Agreement (Decimal Currency) Act 1966 No
39
Section
3
Financial
Institutions (Miscellaneous Amendments) Act 1996 No
242
Whole of
Act
Fines Act 1996 No 99
Section 130
and Schedule 2
Fines Amendment
Act 1997 No 1211
Whole of
Act
Fines Amendment
Act 1998 No 354
Whole of
Act
Fire Brigades Act 1989 No 192
Section 86
(2) and Schedule 3
Fire Brigades
Amendment Act 1997 No 271
Whole of
Act
Firearms Act 1996 No 46
Section 90
and Schedule 2
First State Superannuation Act 1992 No
100
Section 78
and Schedule 4
Fish Marketing Act 1994 No 37
Section 12
and Schedules 1 and 2
Fish Marketing
Amendment (Deregulation) Act 1997 No
101
Whole of
Act
Fisheries Management Act 1994 No
38
Section 292
and Schedule 8
Fisheries
Management Amendment Act 1997 No
1531
Whole of
Act
Food Act 1989 No 231
Section 93
and Schedule 4
Forestry
(Amendment) Act 1924 No 673
Whole of
Act
Forestry
(Amendment) Act 1978 No 1013
Whole of
Act
Forestry,
Conservation Authority of New South Wales and Other Acts (Amendment) Act
1972 No 612
Whole of
Act
Freedom of Information Act 1989 No
5
Sections 70
and 71
Gaming and Betting
(Amendment) Act 1985 No 602
Whole of
Act
Gaming and Betting
Amendment (Betting Auditoriums) Act 1996 No
661
Whole of
Act
Gaming and Betting
Amendment (Racing) Act 1995 No 511
Whole of
Act
Gas Industry
Restructuring Amendment (Customer Contracts) Act 1997 No
591
Whole of
Act
Gas Supply
Amendment Act 1997 No 1041
Whole of
Act
Geographical Names Act 1966 No 13
Section
20
Government Insurance Office (Privatisation) Act 1991 No
38
Section 19
and Schedule 2
Government
Insurance Office (Privatisation) Amendment Act 1992 No
141
Whole of
Act
Government Telecommunications Act 1991 No
77
Section 57
and Schedule 2
Grain Marketing Act 1991 No 15
Section 102
and Schedule 4
Guardianship
(Amendment) Act 1993 No 261
Whole of
Act
Guardianship
Amendment Act 1997 No 491
Whole of
Act
Guardianship
Amendment Act 1998 No 74
Whole of
Act
Habitual Criminals Act 1957 No 19
Sections 11
and 12 (1)
Harness Racing
Legislation Amendment Act 1996 No
901
Whole of
Act
Health Legislation
Amendment Act 1995 No 91
Whole of
Act
Health Legislation
Amendment Act 1997 No 871
Whole of
Act
Health Services Act 1997 No 154
Section 139
and Schedule 6
Higher Education (Amalgamation) Act 1989 No
65
Section 46
and Schedule 1
Higher Education
(Amalgamation) Amendment Act 1993 No
701
Whole of
Act
Home Building Act 1989 No 147
Section 143
and Schedule 5
Home Building
Amendment Act 1998 No 564
Whole of
Act
Home Care Service Act 1988 No 6
Section
19
Home Purchase
Assistance Authority Act 1993 No 15
Section 23
and Schedule 2
Home Purchase
Assistance Authority (Amendment) Act 1993 No
921
Whole of
Act
HomeFund Commissioner Act 1993 No
9
Section 45
and Schedule 2
HomeFund Restructuring Act 1993 No
112
Section 23
and Schedule 3
Horticultural
Stock and Nurseries Act 1969 No 3
Section
24
Housing Act
1912 No 7
Section
47
Housing
(Amendment) Act 1982 No 121
Whole of
Act
Hunter Water Act 1991 No 53
Sections 4
(2) and 71 and Schedule 1
Impounding Act 1993 No 31
Sections 53
and 54
Inclosed Lands
Protection Amendment Act 1997 No 971
Whole of
Act
Independent Commission Against Corruption Act 1988 No
35
Sections
118–121
Independent
Commission Against Corruption Amendment (Codes of Conduct) Act 1996 No
731
Whole of
Act
Industrial Relations Act 1996 No
17
Section 410
and Schedule 5
Innovation Council Act 1996 No 77
Section 23
and Schedule 4
Institute of Sport Act 1995 No 52
Section 33
and Schedule 2
Internal Audit Bureau Act 1992 No
20
Section 22
and Schedule 2
Interpretation Act 1987 No 15
Section 81
and Schedule 1
Investigative
Bodies Legislation Amendment Act 1997 No
601
Whole of
Act
Judges’ Pensions Act 1953 No
41
Section
13
Jury Act 1977 No 18
Section 78
and Schedules 5 and 7
Justices Amendment
(Procedure) Act 1997 No 1071
Whole of
Act
Lake Illawarra Authority Act 1987 No
285
Section
34
Land Acquisition (Charitable Institutions) Act 1946 No
55
Section
5
Land Acquisition (Just Terms Compensation) Act 1991 No
22
Section 75
and Schedule 1
Land Development Contribution Management Act 1970 No
22
Sections 79
and 80
Landlord and
Tenant (Amendment) Act 1968 No 582
Whole of
Act
Law Reform (Law and Equity) Act 1972 No
28
Section 3
(2) and (3)
Law Reform (Miscellaneous Provisions) Act 1965 No
32
Sections
11, 22 and 27
Legal Aid
Commission Amendment Act 1996 No 941
Whole of
Act
Legal Aid
Commission Amendment Act 1997 No 501
Whole of
Act
Legal Profession
Amendment (National Practising Certificates) Act 1996 No
1131
Whole of
Act
Legal Profession
Reform Act 1993 No 871
Whole of
Act
Library Act 1939 No 40
Section 16
(1)
Limitation Act 1969 No 31
Section 4
and Schedules 1–3
Limitation
(Amendment) Act 1993 No 951
Whole of
Act
Liquor and
Registered Clubs Legislation Amendment (Monitoring and Links) Act 1997
No 441
Whole of
Act
Liquor (Repeals and Savings) Act 1982 No
148
Section 5
and Schedule 2
Local Government
Amendment Act 1996 No 691
Whole of
Act
Local Government
Amendment Act 1998 No 164
Whole of
Act
Local Government
Amendment (Ecologically Sustainable Development) Act 1997 No
941
Whole of
Act
Local Government
Amendment (Meetings) Act 1998 No 394
Whole of
Act
Local Government (City of Sydney Boundaries) Act 1967 No
48
Section
32
Local Government
(Further Amendment) Act 1980 No 1412
Whole of
Act
Local Government
Legislation (Miscellaneous Amendments) Act 1994 No
441
Whole of
Act
Long Service Leave Act 1955 No 38
Section 13
(1)
Long Service Leave
(Amendment) Act 1963 No 132
Whole of
Act
Long Service Leave
(Amendment) Act 1985 No 543
Whole of
Act
Lord Howe Island
(Amendment) Act 1981 No 503
Whole of
Act
Luna Park Site
Amendment Act 1997 No 1051
Whole of
Act
Marine Parks Act 1997 No 64
Section 51
and Schedule 4
Marketing of
Primary Products Amendment Act 1995 No
421
Whole of
Act
Marketing of
Primary Products Amendment (Marketing Orders) Act 1997 No
1261
Whole of
Act
Marketing of
Primary Products Amendment (Rice Marketing Board) Act 1998 No
234
Whole of
Act
Marketing of
Primary Products Amendment (Wine Grapes Marketing Board) Act 1997 No
1251
Whole of
Act
Medical Practice Act 1992 No 94
Sections
196 and 197
Mental Health
Legislation Amendment Act 1997 No
281
Whole of
Act
Mine Subsidence
Compensation (Amendment) Act 1994 No
41
Whole of
Act
Mines Rescue Act
1994 No 13
Section 54
and Schedule 4
Mining Act 1992 No 29
Section 390
and Schedule 5
Mining Legislation
Amendment Act 1996 No 1371
Whole of
Act
Minors (Property and Contracts) Act 1970 No
60
Section 3
(1) and First Schedule
Miscellaneous Acts
(Crown and Other Roads) Amendment Act 1990 No
551
Whole of
Act
Motor Accidents
(Amendment) Act 1994 No 271
Whole of
Act
Motor Accidents
Amendment (Board of Directors) Act 1997 No
911
Whole of
Act
Motor Dealers Act 1974 No 52
Section
60
Motor Vehicles (Third Party Insurance) Act 1942 No
15
Section
28
Motor Vehicles
(Third Party Insurance) Amendment Act 1993 No
161
Whole of
Act
Murrumbidgee Irrigation Areas Occupiers Relief Act 1934
No 52
Sections
13, 15, 16 and 18–20
National Electricity (New South Wales) Act 1997 No
20
Section 9
and Schedule 1
National Parks and Wildlife Act 1974 No
80
Section 4
(1) and (2) and Schedules 1 and 2
National Parks and
Wildlife Amendment Act 1996 No 581
Whole of
Act
National Parks and
Wildlife Amendment (Abercrombie, Jenolan and Wombeyan Karst Conservation
Reserves) Act 1997 No 21
Whole of
Act
National Parks and
Wildlife Amendment (Game Birds Protection) Act 1995 No
603
Whole of
Act
National Parks and
Wildlife (Emu Licence) Amendment Act 1993 No
781
Whole of
Act
National Trust of Australia (New South Wales) Act 1990 No
92
Section
40
Native Title (New South Wales) Act 1994 No
45
Section 107
and Schedule 1
Native Vegetation Conservation Act 1997 No
133
Section 69
and Schedule 5
New South Wales Cancer Council Act 1995 No
43
Section
19
New South Wales
Crime Commission Amendment Act 1996 No
1041
Whole of
Act
New South Wales Lotteries Corporatisation Act 1996 No
85
Section 14
and Schedule 3
New South
Wales—Queensland Border Rivers (Amendment) Act 1993 No
361
Whole of
Act
New South Wales Retirement Benefits Act 1972 No
70
Sections 67
(1) and 68–71
Newcastle Gas
Company Limited Act 1971 No 261
Whole of
Act
Non-Indigenous Animals Act 1987 No
166
Sections 30
and 31
Non-Indigenous
Animals Amendment Act 1996 No 231
Whole of
Act
Notice of Action and Other Privileges Abolition Act 1977
No 19
Section 4
and Schedule 1
Noxious Weeds Act 1993 No 11
Section 75
and Schedule 3
NSW Grain Corporation Holdings Limited Act 1992 No
31
Section
10
Oaths Amendment
Act 1996 No 831
Whole of
Act
Occupational Health and Safety Act 1983 No
20
Sections
36, 38, 40, 42 and 44 and Schedules 2–7
Olympic Co-ordination Authority Act 1995 No
10
Section 38
and Schedule 1
Ombudsman Act 1974 No 68
Section
40
Ozone Protection Act 1989 No 208
Sections
34–38
Parliamentary
Committees Enabling Amendment Act 1997 No
711
Whole of
Act
Parliamentary Precincts Act 1997 No
66
Section 31
and Schedule 3
Parliamentary Remuneration Act 1989 No
160
Section 20
and Schedule 3
Passenger Transport Act 1990 No
39
Section 65
and Schedule 4
Passenger
Transport Amendment Act 1997 No 721
Whole of
Act
Pawnbrokers and Second-hand Dealers Act 1996 No
13
Section 44
and Schedule 1
Perpetuities
(Amendment) Act 1991 No 571
Whole of
Act
Petroleum (Onshore) Act 1991 No
84
Section
141
Petroleum (Submerged Lands) Act 1982 No
23
Section 3
(2) and (3)
Petroleum
(Submerged Lands) Further Amendment Act 1991 No
853
Whole of
Act
Poisons Amendment
(Therapeutic Goods) Act 1996 No 21
Whole of
Act
Poisons and Therapeutic Goods Act 1966 No
31
Sections 47
and 48
Police and
Superannuation Legislation (Amendment) Act 1990 No
481
Whole of
Act
Police Department (Transit Police) Act 1989 No
58
Sections
38–40
Police Integrity
Commission Amendment Act 1998 No 644
Whole of
Act
Police Integrity
Commission Amendment (Records) Act 1998 No
214
Whole of
Act
Police Legislation
Amendment Act 1996 No 291
Whole of
Act
Police Legislation
Amendment (Protective Security Group) Act 1998 No
674
Whole of
Act
Police Legislation
Further Amendment Act 1996 No 1081
Whole of
Act
Police Service
Amendment (Alcohol and Drug Testing) Act 1998 No
404
Whole of
Act
Police Service
Amendment (Special Risk Benefit) Act 1998 No
1034
Whole of
Act
Ports Corporatisation and Waterways Management Act 1995
No 13
Sections 8
(2) and 112 and Schedule 4
Presbyterian Church (Corporations) Act 1995 No
67
Sections 22
and 23
Pre-Trial
Diversion of Offenders (Amendment) Act 1993 No
71
Whole of
Act
Printing and Newspapers Act 1973 No
46
Section 7
(1) and Schedule
Private Irrigation
Districts Act 1973 No 47
Section
95
Protected Disclosures Act 1994 No
92
Section 31
and Schedule 1
Protection of the Environment Administration Act 1991 No
60
Section 40
and Schedule 3
Protection of the Environment Operations Act 1997 No
156
Section 325
and Schedule 4
Public Authorities
(Financial Arrangements) Amendment Act 1998 No
304
Whole of
Act
Public Defenders Act 1995 No 28
Section 21
and Schedule 2
Public Finance and
Audit Amendment Act 1998 No 804
Whole of
Act
Public Finance and
Audit Amendment (State Accounts) Act 1998 No
1364
Whole of
Act
Public Health
Amendment (Tobacco Advertising) Act 1997 No
1291
Whole of
Act
Public Hospitals
(Hospitals Incorporation) Amendment Act 1983 (1984 No
1)
Whole of
Act
Public Lotteries Act 1996 No 86
Section 85
and Schedule 1
Public Notaries Act 1997 No 98
Section 19
and Schedule 2
Public Sector
Management Amendment Act 1995 No 361
Whole of
Act
Public Sector
Management Amendment Act 1998 No 654
Whole of
Act
Public Sector
Management Amendment (Council on the Cost of Government) Act 1998 No
1184
Whole of
Act
Public Servant Housing Authority (Dissolution) Act 1996
No 14
Section 13
and Schedule 1
Radiation Control Act 1990 No 13
Sections 41
and 42
Rail Safety Act 1993 No 50
Section 101
and Schedule 3
Registered Clubs Act 1976 No 31
Section 74
and Schedule 1
Registrar-General Act 1973 No 67
Section 6
and Schedule
Reprints Act 1972 No 48
Section 2
(2) and Schedule
Residential
Tenancies Amendment Act 1998 No 604
Whole of
Act
Residential
Tenancies Amendment (Social Housing) Act 1998 No
1264
Whole of
Act
Revenue Laws (Reciprocal Powers) Act 1987 No
86
Section
22
Road Improvement
(Special Funding) Amendment Act 1996 No
541
Whole of
Act
Road Transport
(Heavy Vehicles Registration Charges) Amendment Act 1997 No
1181
Whole of
Act
Road Transport (Vehicle Registration) Act 1997 No
119
Section 33
and Schedule 2
Roads Act 1993 No 33
Section 266
and Schedule 1
Royal Commission
(Police Service) Amendment Act 1994 No
751
Whole of
Act
Rural Assistance
Amendment (Board Membership) Act 1996 No
621
Whole of
Act
Rural Fires Act 1997 No 65
Section 138
and Schedule 4
Rural Lands
Protection Amendment Act 1997 No 381
Whole of
Act
Rural Reconstruction Act 1939 No
45
Sections 2
(3), 6 (1) and 7–9
Seat of Government
Surrender (Amendment) Act 1923 No 31
Section
5
Security Industry Act 1997 No 157
Section 49
and Schedule 1
Southern Cross University Act 1993 No
69
Section
33
Special
Commissions of Inquiry Amendment Act 1997 No
841
Whole of
Act
Sports Drug
Testing Amendment Act 1997 No 1001
Whole of
Act
Sports Legislation
(Amendment) Act 1994 No 631
Whole of
Act
State Bank (Corporatisation) Act 1989 No
195
Section 23
and Schedule 1
State Bank (Privatisation) Act 1994 No
73
Sections 20
and 21 and Schedules 1 and 2
State Coal Mines
(Amendment) Act 1948 No 412
Whole of
Act
State Coal Mines
(Amendment) Act 1959 No 142
Whole of
Act
State Development and Industries Assistance Act 1966 No
10
Sections
36–38
State Emergency
Legislation Amendment Act 1995 No
911
Whole of
Act
State Emergency Service Act 1989 No
164
Sections
32–35
State Owned Corporations Act 1989 No
134
Section
37
State Revenue
Legislation Amendment Act 1995 No
172
Whole of
Act
State Revenue
Legislation Amendment Act 1996 No
341
Whole of
Act
State Revenue
Legislation Amendment Act 1997 No
371
Whole of
Act
State Revenue
Legislation (Further Amendment) Act 1994 No
721
Whole of
Act
State Revenue
Legislation Further Amendment Act 1995 No
981
Whole of
Act
State Revenue
Legislation Further Amendment Act 1996 No
551
Whole of
Act
State Revenue
Legislation Further Amendment Act 1997 No
411
Whole of
Act
State Revenue
Legislation (Miscellaneous Amendments) Act 1996 No
1251
Whole of
Act
State Sports
Centre Trust Amendment Act 1996 No
91
Whole of
Act
Status of Children Act 1996 No 76
Section 38
and Schedule 1
Statute Law
(Miscellaneous Provisions) Act 1985 No 231
Sections
3–5 and Schedules 1–30
Statute Law
(Miscellaneous Provisions) Act 1986 No
163
Whole of
Act
Statute Law
(Miscellaneous Provisions) Act (No 2) 1986 No
218
Sections 3
and 4 (1) and (2) (a)–(e) and Schedules 1–48
Statute Law
(Miscellaneous Provisions) Act (No 1) 1987 No
48
Sections 3
and 4 and Schedules 1–30, 31 (except in relation to the Supreme Court
(Commercial Arbitration) Amendment Act 1984) and 32 (except in
relation to the Companies Act 1961)
Statute Law
(Miscellaneous Provisions) Act 1988 No 20
Sections 3
and 4 and Schedules 1–21
Statute Law
(Miscellaneous Provisions) Act (No 2) 1988 No
92
Section 4
and Schedules 1, 2, 3 (1)–(5), (6) (b) and (c) and (7)–(10),
4–24, 26 and 27
Statute Law
(Miscellaneous Provisions) Act (No 3) 1988 No
131
Sections 3
and 4 and Schedules 1–30
Statute Law
(Miscellaneous Provisions) Act 1989 No 89
Sections 3
and 4 and Schedules 1–3
Statute Law
(Miscellaneous Provisions) (No 2) Act 1989 No
132
Sections 3
and 4, the heading and the matter appearing under the heading
“Amendment”, “Amendments”, “Commencement”,
“Repeal of Regulations” or “Explanatory note” in
Schedule 1 and all matter in Schedules 2 and 3
Statute Law
(Miscellaneous Provisions) Act (No 3) 1989 No
226
Section 4,
the heading and the matter appearing under the heading
“Amendment”, “Amendments”, “Commencement”,
“Repeal”, “Repeal of regulations under Water Act
1912” or “Explanatory note” in Schedule 1
(except in relation to amendments to the Children (Care and
Protection) Act 1987 and the Disability Services
and Guardianship Act 1987) and all matter in Schedules 2 and
3
Statute Law
(Miscellaneous Provisions) Act 1990 No 46
Sections 3
and 4, the heading and the matter appearing under the heading
“Amendment”, “Amendments”, “Commencement”
or “Explanatory note” in Schedule 1 and all matter in Schedules 2
and 3
Statute Law
(Miscellaneous Provisions) Act (No 2) 1990 No
108
Sections 3
and 4, the heading and the matter appearing under the heading
“Amendment”, “Amendments”, “Commencement”,
“Explanatory note”, “Repeal of regulations” or
“Repeal of Regulations” in Schedule 1 and all matter in Schedules
2 and 3
Statute Law
(Miscellaneous Provisions) Act 1991 No 17
Sections 3
and 4, the heading and the matter appearing under the heading
“Amendment”, “Amendments”, “Commencement”,
“Repeal of regulations”, “Repeal of Swine Compensation
Regulations” or “Explanatory note” in
Schedule 1 and all matter in Schedules 2 and 3
Statute Law
(Miscellaneous Provisions) Act (No 2) 1991 No
94
Section 4,
the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”,
“REPEAL OF REGULATIONS” or “EXPLANATORY NOTE” in
Schedule 1 (except in relation to amendments to the Business Licences Act
1990 and the Wesley College Incorporation Act
1910) and all matter in Schedules 2 and 3
Statute Law
(Miscellaneous Provisions) Act 1992 No 34
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”,
“REPEAL OF REGULATIONS” or “EXPLANATORY NOTE” in
Schedules 1 and 2 and all matter in Schedule 3
Statute Law
(Miscellaneous Provisions) Act (No 2) 1992 No
57
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”
or “EXPLANATORY NOTE” in Schedules 1 and 2 and all matter in
Schedule 3
Statute Law
(Miscellaneous Provisions) Act (No 3) 1992 No
111
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”,
“REPEAL OF REGULATION” or “EXPLANATORY NOTE” in
Schedules 1 and 2 and all matter in Schedule 3
Statute Law
(Miscellaneous Provisions) Act 1993 No 46
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”,
“REPEAL” or “EXPLANATORY NOTE” in Schedule 1 and all
matter in Schedules 2 and 3
Statute Law
(Miscellaneous Provisions) Act (No 2) 1993 No
108
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”
or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2
and 3
Statute Law
(Miscellaneous Provisions) Act 1994 No 32
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”,
“REPEAL” or “EXPLANATORY NOTE” in Schedule 1 and all
matter in Schedules 2, 3 and 4
Statute Law
(Miscellaneous Provisions) Act (No 2) 1994 No
95
Sections 3
and 4, the heading and the matter appearing under the heading
“AMENDMENT”, “AMENDMENTS”, “COMMENCEMENT”
or “EXPLANATORY NOTE” in Schedule 1 and all matter in Schedules 2,
3 and 4
Statute Law
(Miscellaneous Provisions) Act 1995 No 16
Sections 3
and 4, all amending matter and the heading and matter appearing under the
heading “Commencement”, “Repeal” or “Explanatory
note” in Schedule 1 and all matter in Schedules
2–5
Statute Law
(Miscellaneous Provisions) Act (No 2) 1995 No
99
Sections 3
and 4 and Schedules 1–5
Statute Law
(Miscellaneous Provisions) Act 1996 No 30
Sections 3
and 4, all amending matter and the heading and matter appearing under the
heading “Commencement” or “Explanatory note” in
Schedules 1 and 2 and all matter in Schedules 3–5
Statute Law
(Miscellaneous Provisions) Act (No 2) 1996 No
121
Sections 3
and 4, all amending matter and the heading and the matter appearing under the
heading “Commencement” or “Explanatory note” in
Schedule 1 and all matter in Schedules 2–6
Statute Law
(Miscellaneous Provisions) Act 1997 No 55
Sections 3
and 4, all amending matter and the heading and the matter appearing under the
heading “Commencement” or “Explanatory note” in
Schedule 1 and all matter in Schedules 2–5
Statute Law
(Penalties) Act 1992 No 1121
Whole of
Act
Statute Law
(Penalties) Act 1993 No 471
Whole of
Act
Statute Law
Revision (Local Government) Act 1995 No
111
Whole of
Act
Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Sections 28
and 29 and Schedule 5
Stock (Artificial Breeding) Act 1985 No
196
Section
44
Stock (Chemical
Residues) Amendment Act 1996 No 211
Whole of
Act
Stock Diseases
Amendment Act 1997 No 1201
Whole of
Act
Stock Diseases
(Board of Tick Control) Amendment Act 1988 No
383
Whole of
Act
Stock Foods
Amendment Act 1996 No 1051
Whole of
Act
Stock Medicines Act 1989 No 182
Section
68
Strata Schemes (Freehold Development) Act 1973 No
68
Section 159
and Schedule 3
Strata Schemes
Management (Miscellaneous Amendments) Act 1996 No
1391
Whole of
Act
Subordinate Legislation Act 1989 No
146
Section
15
Summary Offences Act 1988 No 25
Sections
36–39
Superannuation Administration Act 1996 No
39
Section 132
and Schedule 4
Superannuation
Legislation (Amendment) Act 1992 No
351
Whole of
Act
Superannuation
Legislation Amendment Act 1996 No
921
Whole of
Act
Superannuation
Legislation Amendment Act 1997 No
421
Whole of
Act
Superannuation
Legislation (Further Amendment) Act 1993 No
1111
Whole of
Act
Superannuation
Legislation Further Amendment Act 1997 No
1491
Whole of
Act
Supreme Court Act 1970 No 52
Section 7
and Second Schedule
Supreme Court
(Amendment) Act 1994 No 141
Whole of
Act
Supreme Court
Procedure Act 1957 No 13
Sections 6,
8, 11 and 13 and First Schedule
Sustainable Energy Development Act 1995 No
96
Section 30
and Schedule 2
Swimming Pools Act 1992 No 49
Section 40
and Schedule 2
Sydney Cricket and
Sports Ground Amendment Act 1997 No
931
Whole of
Act
Sydney Market Authority (Dissolution) Act 1997 No
62
Section 24
and Schedule 1
Sydney Organising Committee for the Olympic Games Act
1993 No 67
Sections
66–68
Sydney Organising
Committee for the Olympic Games Amendment Act 1997 No
1031
Whole of
Act
Sydney Water Act 1994 No 88
Sections
108–110 and Schedules 6–8
Taxation
Administration (Consequential Amendments) Act 1996 No
981
Whole of
Act
Teacher Housing Authority Act 1975 No
27
Section 45
and Schedule 1
Technical and Further Education Commission Act 1990 No
118
Section 38
and Schedule 3
Telecommunications
(Interception) (New South Wales) Amendment Act 1989 No
2151
Whole of
Act
Thoroughbred Racing Board Act 1996 No
37
Section 51
and Schedule 2
Threatened Species Conservation Act 1995 No
101
Sections
152–154 and Schedules 4–6
Timber Industry
(Interim Protection) Amendment Act 1994 No
211
Whole of
Act
Timber Industry
(Interim Protection) Amendment Act 1995 No
741
Whole of
Act
Timber Plantations
(Harvest Guarantee) Act 1995 No 92
Sections 28
and 29
Totalizator Act 1997 No 45
Section 119
and Schedule 1
Totalizator
Legislation Amendment Act 1997 No
1511
Whole of
Act
Trade Measurement Administration Act 1989 No
234
Sections 29
and 30
Trade Measurement
(Amendment) Act 1994 No 71
Whole of
Act
Transfer of Records Act 1923 No
14
Section
6
Transgender
(Anti-Discrimination and Other Acts Amendment) Act 1996 No
221
Whole of
Act
Transport
Administration Amendment (Rail Corporatisation and Restructuring) Act
1996 No 561
Whole of
Act
Transport Employees Retirement Benefits Act 1967 No
96
Sections
66–68
Trans-Tasman
Mutual Recognition (New South Wales) Amendment Act 1997 No
1011
Whole of
Act
Trustee Amendment
(Discretionary Investments) Act 1997 No
1021
Whole of
Act
Trustee Companies
Amendment Act 1997 No 461
Whole of
Act
Trustee Companies
Amendment (Reserve Liabilities) Act 1998 No
374
Whole of
Act
Trustee Companies
Further Amendment Act 1997 No 531
Whole of
Act
Tuberculosis Act 1970 No 18
Section
4
Unclaimed Money Act 1995 No 75
Section 52
and Schedule 1
Uranium Mining and Nuclear Facilities (Prohibitions) Act
1986 No 194
Sections 14
and 15
Valuers Registration Act 1975 No
92
Section
31
Very Fast Train (Route Investigation) Act 1989 No
44
Section
23
Victims Compensation Act 1996 No
115
Section 91
and Schedule 4
Victims Rights Act 1996 No 114
Section 17
and Schedule 2
Vocational Education and Training Accreditation Act 1990
No 120
Section
34
Vocational
Education and Training Accreditation (Amendment) Act 1993 No
861
Whole of
Act
Walker Trusts
Amendment Act 1997 No 1171
Whole of
Act
Waste Minimisation
and Management Act 1995 No 102
Section 89
and Schedule 6
Water Amendment
(Charges) Act 1996 No 471
Whole of
Act
Water and
Environmental Planning Legislation Amendment Act 1997 No
631
Whole of
Act
Wheat Marketing
Act 1989 No 2115
Whole of
Act
Witness Protection Act 1995 No 87
Section
45
Women’s
College Amendment Act 1997 No 131
Whole of
Act
WorkCover
Legislation Amendment Act 1995 No
891
Whole of
Act
Workmen’s
Compensation (Lead Poisoning—Broken Hill) Amendment Act 1924 No
263
Whole of
Act
Young Offenders Act 1997 No 54
Section 74
and Schedule 2
Zoological Parks Board Act 1973 No
34
Section 40
and Schedule 2
Key
1
indicates repeal of an Act that was assented to
at least 2 years ago and that contains only amendments
2
indicates repeal of an Act that was assented to
at least 2 years ago and that contains only amendments and spent
provisions
3
indicates repeal of an amending Act whose
savings, transitional or other provisions of ongoing effect are transferred
to, or re-enacted in, the Principal Act (by Schedule 3 to this
Act)
4
indicates repeal of a recent amending Act that
contains no substantive provision that needs to be retained, where the
amendments made by the Act have been incorporated in a paper reprint of the
Act amended
5
indicates repeal of an Act that is no longer of
practical utility
Explanatory
note
The repeals are explained in detail in the
Explanatory note relating to this Act. In relation to the repeal of amending
Acts, it should be noted that the Acts are repealed simply to rationalise the
legislation in force and that the repeals have no substantive effect on the
amendments made by the Acts or any associated provisions. The Acts that were
amended by the Acts or provisions being repealed are up-to-date on the
Legislation Database maintained by the Parliamentary Counsel’s Office
and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that,
when an Act is amended or repealed, no amendment made by the Act is affected.
Section 30 (2) also ensures that the following matters are not
affected:
(a)
the proof of any past act or
thing,
(b)
any right, privilege, obligation or liability
saved by the operation of the Act,
(c)
any validation made by the
Act,
(d)
the operation of any savings or transitional
provision contained in the Act.
Schedule 5General savings, transitional
and other provisions
(Section 5)
7Effect 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.
8Effect 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.
9Effect 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.
10Regulations
(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 (No 2) 1999 No 85. Assented
to 3.12.1999. Date of commencement, except Schs 1 and 2, assent, sec 2 (1);
date of commencement of Schs 1 and 2 (except Schs 1.4, 1.11 [1]–[12]
[19] [20], 1.16 [1] [2], 1.18, 1.23 and 1.27), assent, sec 2 (2); date of
commencement of Sch 1.4, 1.1.2000, Sch 1.4; date of commencement of Sch 1.11
[1]–[12] [19] and [20], 1.2.2000, Sch 1.11 and GG No 9 of 28.1.2000, p
445; date of commencement of Sch 1.16 [1] and [2], 1.7.1999, Sch 1.16; date of
commencement of Sch 1.18: not in force; date of commencement of Sch 1.23,
21.4.2000, Sch 1.23 and GG No 49 of 20.4.2000, p 3351; date of commencement of
Sch 1.27, 2.6.2000, Sch 1.27 and GG No 66 of 2.6.2000, p 4503.