2002
2002
2006-06-20
act
government
publicspecial
act.reprint
allinforce
retroactivecommencements
2002-11-12
1
2006-06-20
act-2006-058
none
act-2002-112
707972d1-6867-4823-b3ef-b9870f7fc938
a169b813-0329-4b4b-9e97-24e3b63ae6f8
Note—
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2006
No 58 with effect from 20.6.2006.
An Act to repeal certain Acts and provisions of
Acts and certain statutory rules and to amend certain other Acts and
instruments in various respects and for the purpose of effecting statute law
revision; and to make certain savings.
1Name of
Act
This Act is the Statute Law
(Miscellaneous Provisions) Act (No 2)
2002.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by subsections (2) and (3).
(2)
Section 4 (2) commences on a day to be appointed
by proclamation.
(3)
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 and instrument specified in Schedules 1
and 2 is amended as set out in those Schedules.
4Repeals
(1)
Each Act and statutory rule specified in Schedule
3 is, to the extent indicated in that Schedule,
repealed.
(2)
The Unhealthy
Building Land Act 1990 and the Unhealthy Building Land Regulation 2001
are repealed.
5General savings, transitional
and other provisions
Schedule 4 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)
1.1Adoption Act 2000 No
75
[1]The whole Act (other than
clause 3 (3) of Schedule 3)
Omit “adoption agency” wherever
occurring.
Insert instead “adoption service
provider”.
[2]The whole Act and notes to the
Act (other than the heading to clause 3 of Schedule 3)
Omit “adoption agencies” wherever
occurring.
Insert instead “adoption service
providers”.
[3]Sections 15 (2) (a) and (b)
and (4), 16, 17 (1) (d), 20 (1) and (2), 21 (2), (3) and (4), 43 and 193 (1)
(d)
Omit “the agency” wherever
occurring.
Insert instead “the adoption service
provider”.
[4]Sections 15 (4) and 20
(2)
Omit “an agency” wherever
occurring.
Insert instead “an adoption service
provider”.
[5]Section 17
(3)
Omit “such agencies”. Insert instead
“such adoption service providers”.
[6]Section 33 Aboriginal
participation in decision making
Omit section 33 (a). Insert instead:
(a)
a person approved in accordance with section 195,
or
[7]Section 37 Torres Strait
Islander participation in decision making
Omit section 37 (a). Insert instead:
(a)
a person approved in accordance with section 196,
or
[8]Section 64 Consent to adoption
of Aboriginal child
Omit “an Aboriginal adoption consultative
organisation” from section 64 (1) (a).
Insert instead “a person approved in
accordance with section 195”.
[9]Section 64 (1)
(b)
Omit “such an organisation”. Insert
instead “such a person”.
[10]Section 64 (1) (b)
(i)
Omit “the organisation”. Insert
instead “the person”.
[11]Section 65 Consent to adoption
of Torres Strait Islander child
Omit “a Torres Strait Islander adoption
consultative organisation” from section 65 (1) (a).
Insert instead “a person approved in
accordance with section 196”.
[12]Section 65 (1)
(b)
Omit “such an organisation”. Insert
instead “such a person”.
[13]Section 65 (1) (b)
(i)
Omit “the organisation”. Insert
instead “the person”.
[14]Sections 195 and
196
Omit the sections. Insert instead:
195Consultation with Aboriginal
persons
(1)
The Director-General may approve an Aboriginal
person as a person who may provide advice and assistance to Aboriginal
families or kinship groups in relation to care options for Aboriginal children
for the purposes of this Act.
(2)
The Director-General must not approve a person
under this section unless the Director-General is satisfied that the person
has relevant experience in working with Aboriginal children, whether or not in
connection with their families or kinship groups.
196Consultation with Torres
Strait Islanders
(1)
The Director-General may approve a Torres Strait
Islander as a person who may provide advice and assistance to Torres Strait
Islander families or kinship groups in relation to care options for Torres
Strait Islander children for the purposes of this Act.
(2)
The Director-General must not approve a person
under this section unless the Director-General is satisfied that the person
has relevant experience in working with Torres Strait Islander children,
whether or not in connection with their families or kinship
groups.
[15]Dictionary
Omit the definitions of Aboriginal adoption consultative
organisation and Torres
Strait Islander adoption consultative
organisation.
Explanatory
note
Items [1]–[5] of the proposed amendments
replace the term “adoption agency” with the term “adoption
service provider” throughout the Adoption Act
2000 (the
Act). The term “adoption agency” has
traditionally been applied only to organisations that arrange placements for
children to be adopted. The new term makes it clear that the Act will apply
also to organisations that provide post-adoption services such as
post-adoption order information, support services and reunion
services.
Items [6]–[15] of the proposed amendments
remove references to approved “Aboriginal adoption consultative
organisations” and “Torres Strait Islander adoption consultative
organisations” throughout the Act (and make consequential amendments).
These references are replaced with references to persons approved by the
Director-General of the Department of Community Services under sections 195
and 196 of that Act to provide advice and assistance to Aboriginal and Torres
Strait Islander families or kinship groups in relation to care options for
Aboriginal and Torres Strait Islander children for the purposes of the
Act.
1.2Casino
Control Act 1992 No 15
[1]Section 72A Provision of
problem counselling services
Omit “classes of persons” from
section 72A (2) (a).
Insert instead “persons or
bodies”.
[2]Section 72A (2)
(b)
Insert “or bodies” after
“persons”.
[3]Section 72A (2)
(d)
Omit “is”. Insert instead
“in”.
Explanatory
note
Section 72A of the Casino
Control Act 1992, which was inserted by the Gaming Machines Act 2001, provides that
it is a condition of a casino licence that the casino operator is to enter
into arrangements for problem gambling counselling services to be made
available to patrons of the casino. Section 46 of the Gaming
Machines Act 2001 requires hoteliers and registered clubs
to enter into arrangements for such services to be made available to patrons
of hotels and registered clubs.
Section 72A (2) provides that the regulations may
make provision for or with respect to (among other things) the “classes
of persons” who are to provide the counselling services. Section 46 of
the Gaming Machines Act 2001 was originally
in the same terms, but an amendment made by the Gaming
Machines Amendment Act 2002 altered that section so as to
allow the regulations to make provision for or with respect to (among other
things) the “persons or bodies” who are to provide the counselling
services. Item [1] of the proposed amendments makes the same amendment to
section 72A of the Casino Control Act
1992.
Item [2] makes a consequential
amendment.
Item [3] corrects a typographical
error.
1.3Children and Young Persons (Care and Protection) Act
1998 No 157
[1]Section 14 Records relating to
Aboriginals and Torres Strait Islanders
Omit “report” from section 14 (3).
Insert instead “record”.
[2]Section 29 Protection of
persons who make reports
Insert “or a class of children or young
persons” after “a child or young person” wherever occurring
in section 29 (1) and (1A).
[3]Section 29
(1)
Insert “or the class of children or young
persons” after “the child or young
person”.
[4]Section 29
(6)
Omit the subsection. Insert instead:
(6)
In this section:
court includes a court exercising
federal jurisdiction.
report includes a report under
sections 24, 25, 27 and 122.
Explanatory
note
Items [2] and [3] of the proposed amendments
amend section 29 (1) and (1A) of the Children and
Young Persons (Care and Protection) Act 1998 (the Act) to clarify that the
protections set out in that section granted to persons making reports under
that Act apply to reports relating to classes of children or young persons and
not solely to reports relating to an individual child or young
person.
Item [4] of the proposed amendments amends
section 29 (6) of the Act to make it clear that section 29 applies to reports
relating to homeless children under section 122 of that Act in addition to
reports relating to children at risk of harm under Part 2 of Chapter 3 of that
Act.
Item [1] of the proposed amendments corrects an
incorrect reference.
1.4Community Services (Complaints, Reviews and Monitoring) Act
1993 No 2
[1]Long title and sections 7 (4),
9 and 10 (1)
Omit “Community Visitors” wherever
occurring.
Insert instead “Official Community
Visitors”.
[2]Part 2,
heading
Omit the heading. Insert instead:
Part 2Official Community
Visitors
[3]Section 7 and sections 47 (1)
(c) and 48 (a) (as renumbered by the Community
Services Legislation Amendment Act
2002)
Omit “a Community Visitor” wherever
occurring.
Insert instead “an Official Community
Visitor”.
[4]Sections 7 (3) and
8
Omit “A Community Visitor” wherever
occurring.
Insert instead “An Official Community
Visitor”.
[5]Section 7 (6) (as inserted by
the Community Services Legislation Amendment Act
2002), 8 (2) and 48 (as renumbered by the Community Services Legislation Amendment Act
2002)
Omit “the Community Visitor” wherever
occurring.
Insert instead “the Official Community
Visitor”.
[6]Section
43A
Insert after section 43:
43AExemption from Freedom of Information Act
1989
The Ombudsman is, in the exercise of functions
under this Part, exempt from the operation of the Freedom of Information Act
1989.
[7]Section 47 (1) (as renumbered
by the Community Services Legislation
Amendment Act 2002)
Omit “Community Visitor” from section
47 (a).
Insert instead “an Official Community
Visitor”.
[8]Schedule 1 Savings and
transitional provisions (as amended by the Community
Services Legislation Amendment Act
2002)
Omit “a Community Visitor” where
firstly occurring from clause 3 (1).
Insert instead “an Official Community
Visitor”.
[9]Schedule 1, clause 3
(3)
Insert after clause 3 (2):
(3)
A reference in another Act or in an instrument
made under an Act or in any document to a Community Visitor appointed under
this Act is to be read as a reference to an Official Community Visitor
appointed under this Act.
Explanatory
note
Official Community
Visitors
The proposed amendments change the title of
Community Visitors appointed under the Community
Services (Complaints, Reviews and Monitoring) Act 1993 to
Official Community Visitors, to avoid confusion with community visitors
appointed under unofficial programs, and make consequential
amendments.
Item [9] is a transitional provision that
converts references to Community Visitors in other Acts, instruments and other
documents.
Exemption from Freedom of Information Act
1989
The Community
Services Legislation Amendment Act 2002 amends various
Acts to confer powers on the Ombudsman relating to certain deaths of children
and other persons in care. Among other things, it removes from the Child Death
Review Team and confers on the Ombudsman the power to review and report on the
deaths of children arising from abuse or neglect or that occur in suspicious
circumstances while leaving power to review other child deaths.
Currently, under the Freedom of Information Act 1989, all
functions of the Child Death Review Team are exempt from the operation of that
Act. The proposed section 43A, inserted on the request of the Ombudsman, is a
consequential amendment extending the previous exemption to the Ombudsman so
as to reflect the changes to the Ombudsman’s functions and the current
exemption relating to reviews of child deaths.
1.5Crown
Lands Act 1989 No 6
[1]Section 3
Definitions
Omit the definition of Department from section 3 (1).
Insert instead:
Department means the Department of
Land and Water Conservation.
[2]Section 3
(1)
Insert in alphabetical order:
Director-General means the
Director-General of the Department.
[3]Section 3 (1), definition of
“Secretary”
Omit the definition.
[4]Section 34 Powers of
Minister
Omit section 34 (2).
[5]Section 78
Definitions
Omit “Commons Regulation Act
1898” from paragraph (a) of the definition of
reserve.
Insert instead “Commons
Management Act 1989”.
[6]Section 92 Reserve
trusts
Omit section 92 (3). Insert instead:
(3)
The Minister may, by notification in the
Gazette:
(a)
dissolve a reserve trust, or
(b)
alter the corporate name of a reserve trust,
or
(c)
revoke the appointment of the reserve trust as
trustee of any one or more specified reserves or any one or more parts of a
reserve.
[7]Section 157
Compensation
Omit “Secretary” from section 157
(2).
Insert instead
“Director-General”.
[8]Section 180
Delegation
Omit “Secretary” wherever occurring
from section 180 (3).
Insert instead
“Director-General”.
[9]Section 180
(3)
Omit “Secretary’s”. Insert
instead “Director-General’s”.
Explanatory
note
Item [1] of the proposed amendments updates a
reference to a Department.
The Department concerned does not have a
Secretary. Instead, it has a Director-General. Accordingly, item [2] of the
proposed amendments inserts a definition of Director-General, item [3] omits the
definition of Secretary and items [7]–[9]
make consequential amendments.
Item [4] of the proposed amendments omits a
requirement that the Minister, when exercising certain functions in relation
to land in an irrigation area, have regard to the views of the Water
Administration Ministerial Corporation (a statutory body representing the
Crown). That body has been replaced, in relation to
irrigation scheme areas (within the meaning of the repealed
Irrigation Corporations Act 1994), by
various now-privatised irrigation corporations.
Item [5] of the proposed amendments updates a
reference to an Act.
Item [6] of the proposed amendments enables the
Minister to revoke the appointment of a reserve trust as trustee of any one or
more specified reserves or any one or more parts of a reserve. At present,
this can only be done by the cumbersome method of dissolving the reserve trust
and re-establishing it in respect only of those reserves (or parts of
reserves) in relation to which it is desired that the reserve trust be a
trustee.
1.6Crown
Lands (Continued Tenures) Act 1989 No
7
[1]Section 3
Definitions
Omit the definition of Department from section 3 (1).
Insert instead:
Department means the Department of
Land and Water Conservation.
[2]Schedule 4 Subdivision of
holdings
Omit “(including the condition imposed by
subclause (8))” from clause 2 (5).
Explanatory
note
Item [1] of the proposed amendments updates a
reference to a Department.
Item [2] of the proposed amendments omits a
reference to a repealed subclause.
1.7Education (Ancillary Staff) Act 1987 No
240
[1]The whole Act (except the
matter dealt with in items [2]–[4] below)
Omit “ancillary staff” wherever
occurring.
Insert instead “school administrative and
support staff”.
[2]Long
title
Omit “ancillary staff in the Department of
Education”.
Insert instead “school administrative and
support staff in the Department of Education and
Training”.
[3]Section 1 Name of
Act
Omit “Education
(Ancillary Staff) Act 1987”.
Insert instead “Education (School
Administrative and Support Staff) Act
1987”.
[4]Section 3
Definitions
Omit the definition of ancillary
staff from section 3 (1).
[5]Section 3
(1)
Insert in alphabetical order:
Department means the Department of
Education and Training.
school
administrative and support staff means school administrative
and support staff of the Department.
[6]Section 3 (1), definition of
“Director-General”
Omit “Education”. Insert instead
“the Department”.
[7]Sections 4 (1), 5 (1), 8, 17
(1), 18 (1) and 21 (1)
Omit “of Education” wherever
occurring.
Explanatory
note
The proposed amendments change the name of the
Education (Ancillary Staff) Act 1987 to
the Education (School Administrative and Support Staff) Act
1987 and update references in that Act to the Department
of Education (now the Department of Education and Training). They also make
the necessary consequential amendments.
1.8Education (Ancillary Staff) Regulation
1998
[1]Clause 1 Name of
Regulation
Omit “Education
(Ancillary Staff) Regulation 1998”.
Insert instead “Education (School
Administrative and Support Staff) Regulation
1998”.
[2]Clause 3
Definitions
Omit “Education
(Ancillary Staff) Act 1987” from the definition of
the
Act.
Insert instead “Education (School
Administrative and Support Staff) Act
1987”.
Explanatory
note
The proposed amendments are consequential on the
change of name of the Education (Ancillary Staff) Act
1987 proposed to be made elsewhere in this
Schedule.
1.9Fisheries Management Act 1994 No
38
[1]Section 7C Fishery management
strategy for designated activities
Insert after section 7C (3):
(4)
A draft fishery management strategy becomes the
existing fishery management strategy when it is approved by the Minister.
However, the first fishery management strategy to be approved in respect of a
designated fishing activity must be approved in accordance with section
7F.
[2]Section 7F Revision of draft
strategy and publication of approved strategy following environmental
assessment
Omit section 7F (1). Insert instead:
(1)
Following a determination under Division 5 of
Part 5 of the EPA Act, the Minister is to revise the draft fishery management
strategy for the designated fishing activity concerned and make any amendment
that is necessary to reflect the result of the
determination.
[3]Section 7F
(2)
Omit “resource”. Insert instead
“Resource”.
[4]Section 50 Method of
determining eligibility and entitlement to shares
Omit “became a share management
fishery” from section 50 (4).
Insert instead “ceased to be a restricted
fishery”.
[5]Section 50
(4)
Insert “or, if a person is entitled to take
fish for sale in the restricted fishery as the employee or nominee of some
other person, that other person” after “entitled to take fish for
sale in the restricted fishery”.
[6]Section 77A Rental charge for
access to category 2 share management fishery
Insert “or, if a person is authorised to
take fish in the fishery as the employee or nominee of some other person, that
other person” after “a person authorised to take fish in the
fishery” in section 77A (8) (b).
Explanatory
note
Fishery management
strategies
Item [1] of the proposed amendments makes it
clear that a draft fishery management strategy under Part 1A of the Fisheries Management Act 1994 (the
Act) becomes the actual fishery management strategy when it
is approved by the Minister.
Item [2] of the proposed amendments makes it
clear that the revision of a draft fishery management strategy that is
required after a determination is made under Division 5 of Part 5 of the
Environmental Planning and Assessment Act
1979 in respect of the designated fishing activity to
which the draft strategy relates will not necessarily give rise to any
amendments to the draft strategy. The proposed amendment also allows other
amendments to be made to the draft strategy before it is approved (even if
those amendments do not arise out of the determination) provided that the
Minister has consulted the Fisheries Resource Conservation and Assessment
Council in relation to them.
Allocation of shares in share
management fishery
Section 50 (4) of the Act provides for the
allocation of shares in a share management fishery that is also a restricted
fishery. It provides that if a restricted fishery becomes a share management
fishery, the persons entitled to shares in the fishery are the persons who,
immediately before the restricted fishery became a share management fishery,
were entitled to take fish for sale in the restricted fishery. The provision
aims to preserve the entitlements of fishers in the restricted fishery. Under
section 55 of the Act, a share management fishery that is a restricted fishery
ceases to be a restricted fishery when the limited access stage of the share
management fishery commences.
Item [4] of the proposed amendments makes it
clear that a restricted fishery “becomes” a share management
fishery when it ceases to be a restricted fishery, so as to ensure that shares
are allocated on the basis of the fishing entitlements held by fishers in the
restricted fishery immediately before the fishery ceases to be a restricted
fishery (and to recognise any transfers of restricted fishery entitlements
that take place before the start of the limited access stage of the share
management fishery).
Under the current regulations relating to
restricted fisheries, persons who are entitled to take fish for sale in a
restricted fishery may in some circumstances nominate other persons to take
fish in the fishery on their behalf. Item [5] of the proposed amendments makes
it clear that, in such circumstances, it is the person who is entitled to
nominate the fisher, and not a nominee or employee of the person so entitled,
who is to be allocated shares in the share management fishery. Similarly, item
[6] makes it clear that, if a person is entitled to nominate a fisher to take
fish in a category 2 share management fishery, it is the person who is
entitled to nominate that other person, and not the nominee or an employee of
the person, who is liable to pay a rental charge under that
provision.
Statute law
revision
Item [3] of the proposed amendments corrects a
typographical error.
1.10Gas
Supply Act 1996 No 38
[1]Sections 27 (1) (e), 33C (1)
(b) and 4 (b) and 33J (paragraphs (a) and (d) of the definition of
“retail market business system”) and clause 19 (1) (e) of Schedule
2
Omit “distribution system” wherever
occurring.
Insert instead “distribution
pipeline”.
[2]Section 33C (4)
(b)
Omit “the system”. Insert instead
“the pipeline”.
[3]Section 33K Market operations
rules
Omit “distribution systems” wherever
occurring from section 33K (1) (a) and (c).
Insert instead “distribution
pipelines”.
[4]Dictionary
Omit “distribution system” from
paragraph (a) of the definition of ancillary
market participant.
Insert instead “distribution
pipeline”.
[5]Dictionary, definition of
“distribution pipeline”
Omit the definition. Insert instead:
distribution pipeline means the gas
pipes and associated equipment that are used to convey and control the
conveyance of natural gas to the premises of customers, but does not
include:
(a)
any pipeline in respect of which a licence is in
force under the Pipelines Act
1967 (other than a pipeline that the regulations declare
to be, or to form part of, a distribution pipeline), or
(b)
any gas installation, or
(c)
any gas pipe or associated equipment that is
wholly situated on land owned by the person who owns or controls the gas pipe
or equipment, or
(d)
any gas pipe or associated equipment that the
regulations declare not to be, or not to form part of, a distribution
pipeline.
Explanatory
note
Section 5 of the Gas Supply Act
1996 (the
Act) prohibits a person from operating a distribution pipeline for the
purpose of conveying natural gas to any other person, and from supplying
natural gas to any other person by means of such a pipeline, otherwise than
under the authority of an authorisation (within the meaning of
the Act). Section 34 of the Act imposes a similar prohibition in respect of
the conveyance of certain other gases by way of a distribution system otherwise than
under the authority of a distributor’s licence (within
the meaning of the Act).
At present, the Dictionary to the Act provides
that the term distribution pipeline has the same
meaning as it has in the Gas Pipelines Access (New South Wales)
Law. However, certain small distribution networks do not
fall within the ambit of that definition. To ensure that those distribution
networks are subject to the authorisation requirement (and the other relevant
provisions of the Act), item [5] of the proposed amendments repeals and
re-enacts the definition of distribution pipeline in terms that
parallel the definition of distribution system.
As the scheme of the Act is to use the term
distribution pipeline in relation to
the conveyance and supply of natural gas, and the term distribution system in relation to
the conveyance of gases other than natural gas, the remaining proposed
amendments correct the incorrect use of the term distribution system in provisions
relating to natural gas (items [1]–[4]).
1.11Gas Supply (Natural Gas Retail Competition) Regulation
2001
Clause 7 Small retail
customers who are entitled to apply to be supplied under the standard form
customer supply contract
Omit “distribution system” wherever
occurring.
Insert instead “distribution
pipeline”.
Explanatory
note
The proposed amendment is consequential on the
amendment proposed to be made to section 33C of the Gas
Supply Act 1996 elsewhere in this
Schedule.
1.12Hay
Irrigation Act 1902 No 57
Section 5
Definitions
Omit the definitions of Domestic use, Irrigated lot, Justice and Stock.
Explanatory
note
The proposed amendment omits definitions of terms
that are no longer used in the Hay Irrigation
Act 1902.
1.13Licensing and Registration (Uniform Procedures) Act
2002 No 28
[1]Section 25 Periodic
administration fees for continuing licences
Insert at the end of the section:
(2)
If payment is made by means of electronic
communication, the licence administration fee otherwise payable:
(a)
is to be reduced by $5, or
(b)
is to be reduced by 10 per cent, and rounded to
the nearest whole dollar,
whichever results in the greater
reduction.
[2]Section 54 Periodic
administration fees for continuing registration
Insert at the end of the section:
(2)
If payment is made by means of electronic
communication, the registration administration fee otherwise payable:
(a)
is to be reduced by $5, or
(b)
is to be reduced by 10 per cent, and rounded to
the nearest whole dollar,
whichever results in the greater
reduction.
[3]Schedule 4 Amendment of other
Acts and statutory rules
Omit item [2] of Schedule 4.11 (Pawnbrokers and Second-hand Dealers Act
1996).
Insert instead:
[2]Sections 10 and
10A
Omit the sections. Insert instead:
10Duration of
licence
A licence remains in force for a period of 12
months from the date of its grant.
[4]Schedule 4.30 Motor Dealers Act 1974 No
52
Insert at the end of Schedule 4.30:
[2]Section 20 Annual fee and
annual statement
Omit section 20 (10) and
(11).
[5]Schedule 4.32 Travel Agents Act 1986 No
5
Insert at the end of Schedule 4.32:
[2]Section 17 Annual fee and
annual statement
Omit section 17 (12) and
(13).
Explanatory
note
Sections 13 and 42 of the Licensing and Registration (Uniform Procedures) Act
2002 (the
Act) currently provide for a reduction in processing fees
for applications for licences and registration that are made by means of
electronic communication. Items [1] and [2] of the proposed amendments amend
sections 25 and 54 of that Act so as to provide similar reductions for
periodic administration fees that are paid by electronic
communication.
Schedule 4.11 [2] to the Act omits sections 10
and 10A of the Pawnbrokers and Second-hand Dealers
Act 1996. Item [3] of the proposed amendments amends
Schedule 4.11 [2] so as to replace the repealed sections with a new section
that retains a provision that specifies the period for which a licence under
the 1996 Act has effect.
Schedule 4.30 and 4.32 of the Act amend the
Motor Dealers Act 1974 and the Travel Agents Act 1986. Items [4] and
[5] of the proposed amendments make further amendments to those Acts so as to
omit provisions that create offences of giving false information. The giving
of false information is to be dealt with under the Crimes
Act 1900 as a consequence of the amendments to that Act
that are made by Schedule 4.27 to the Licensing and
Registration (Uniform Procedures) Act
2002.
1.14Local
Government Act 1993 No 30
[1]Section 22 Other
functions
Omit “those periods” from the matter
relating to the Rural Fires Act
1997 in the Note to the section.
Insert instead “bush fire danger
periods”.
[2]Section 22,
Note
Omit the matter relating to the Unhealthy Building Land Act
1990.
[3]Section 413 Preparation of
financial reports
Omit section 413 (3) (a). Insert instead:
(a)
the publications issued by the Australian
Accounting Standards Board, as in force for the time being, subject to the
regulations, and
[4]Schedule 8 Savings,
transitional and other provisions consequent on the enactment of other
Acts
Insert at the end of the Schedule, with
appropriate numbering:
Provision consequent on
enactment of Statute Law (Miscellaneous Provisions)
Act (No 2) 2002
Preparation of general purpose
financial report
Until such time as a publication issued by the
Australian Accounting Standards Board supersedes a particular publication that
was issued by the Australian Accounting Research Foundation (on behalf of the
Australian Society of Certified Practising Accountants and the Institute of
Chartered Accountants in Australia) under the title Australian Accounting Standards, section
413 (3) (a) is to be construed as if it referred to the latter publication
rather than to the publication issued by the Australian Accounting Standards
Board.
Explanatory
note
Financial
reports
Item [3] of the proposed amendments amends
section 413 (Preparation of financial reports) of the Act to reflect the fact
that the Australian Accounting Standards Board, which was formerly part of the
Australian Accounting Research Foundation (the
Foundation), is now a separate body. That body is in the
process of issuing accounting standards to replace those issued by the
Foundation. Accordingly, the proposed amendment requires the general purpose
financial report to be prepared in accordance with (among other things) the
new standards. Item [4] inserts a transitional
provision.
Statute law
revision
Item [1] of the proposed amendments clarifies
wording.
Item [2] of the proposed amendments repeals
matter dealing with an Act that is to be repealed by section 4
(2).
1.15Marine
Safety Act 1998 No 121
[1]Section 71
Definitions
Insert “(and, if those services are
provided by way of a subsidiary, includes the subsidiary)” after
“the Port Corporation” in paragraph (a) of the definition of
pilotage
service provider in section 71 (1).
[2]Section 71
(1)
Insert in alphabetical order:
subsidiary, in relation to a Port
Corporation, means a body corporate that would be a subsidiary (as determined
by the Corporations Act 2001 of the
Commonwealth) of the Port Corporation if the Port Corporation were a
company.
[3]Schedule 3 Amendment of other
Acts
Omit Schedule 3.7 [4] and
[12].
[4]Schedule 3.7
[7]
Omit “under Division 3 of Part 2 of the
Ports Corporatisation and Waterways Management Act
1995” from proposed section 26A (2).
Insert instead “(whether directly or by way
of a subsidiary)”.
Explanatory
note
Amendments to the Ports
Corporatisation and Waterways Management Act 1995
(the 1995
Act) proposed to be made elsewhere in this Schedule include
certain amendments to and in relation to Part 6 (Pilotage) of that Act. Part 6
is to be repealed and replaced by Part 6 of the Marine
Safety Act 1998 (the 1998
Act). Items [1], [2] and [4] of the proposed amendments to
the 1998 Act ensure that the effect of the amendments relating to pilotage
made to the 1995 Act are preserved. Item [4] also omits an unnecessary
reference.
Item [3] of the proposed amendments repeals two
uncommenced amendments. The amendment proposed to be made by Schedule 3.7 [4]
is not necessary, and the amendment proposed to be made by Schedule 3.7 [12]
has been superseded by item [5] of the amendments proposed to be made to the
1995 Act elsewhere in this Schedule.
1.16National Parks and Wildlife Act 1974 No
80
[1]Section 5
Definitions
Renumber paragraph (d) of the definition of
Crown
lands in section 5 (1) as paragraph
(a).
[2]Section 5 (1), definition of
“Jenolan Caves Reserve Trust lands”
Omit “dedicated” wherever occurring.
Insert instead “reserved”.
[3]Section 9 Audit and
compliance
Omit section 9 (4) (b).
[4]Section 9
(5)
Omit “subsection (2)”. Insert instead
“subsection (4)”.
[5]Section 47M Review of
classification as state conservation area
Omit “natural reserve” from section
47M (2).
Insert instead “nature
reserve”.
[6]Section 49 Reservation of
nature reserves
Omit “subsection (1) or (2)” from
section 49 (6).
Insert instead “Division
1”.
[7]Section 71BC Addition of lands
not already reserved under Act
Insert “of” after “Part
2” in section 71BC (5) (b).
[8]Section 72 Plans of
management
Omit “state recreation areas” from
section 72 (2A).
Insert instead “state conservation
areas”.
[9]Section 164 Powers of entry
and seizure
Omit “relic” from section 164 (5)
(b). Insert instead “Aboriginal object”.
[10]Schedule 9A, Transfer of
assets, rights and liabilities
Omit “state recreation area” wherever
occurring in the heading to clause 2 and in clause 3 (1).
Insert instead “state conservation
area”.
[11]Schedule 9A, clause 2 (1) and
(2)
Omit “section 47B or 47O” wherever
occurring.
Insert instead “section 30A in relation to
a state conservation area or a regional park”.
[12]Schedule 9A, clause 2 (2) and
3 (1)
Omit “an SRA trust” wherever
occurring.
Insert instead “a state conservation area
trust”.
[13]Schedule 9A, clause 2 (2) (a)
and (b) and heading to clause 3
Omit “SRA trust” wherever
occurring.
Insert instead “state conservation area
trust”.
Explanatory
note
Membership of Audit and
Compliance Committee
Item [3] of the proposed amendments omits a
provision requiring the Audit and Compliance Committee established under
section 9 of the National Parks and Wildlife Act
1974 (the
Act) to include an officer of the New South Wales Audit
Office. The provision was inserted by a non-Government amendment at the
committee stage of the Bill for the National Parks
and Wildlife Amendment Act 2001 (which inserted the new
section 9 in the Act). However, after representations from the
Auditor-General, both the mover of the amendment and the Minister
administering the Act now agree that the provision is
inappropriate.
Statute law
revision
Item [1] of the proposed amendments corrects the
numbering of a paragraph.
Items [2], [8]–[10], [12] and [13] of the
proposed amendments update terminology used in the Act.
Item [7] of the proposed amendments inserts a
missing word.
Item [5] of the proposed amendments corrects a
typographical error.
Items [4], [6] and [11] of the proposed
amendments correct incorrect cross-references.
1.17Occupational Health and Safety Act 2000 No
40
Section 108 Penalty notices
for certain offences
Insert after section 108 (6) (c):
, and
(d)
prescribe different amounts of penalties for the
same penalty notice offence.
Explanatory
note
The proposed amendment enables regulations under
the Occupational Health and Safety Act 2000
to prescribe different amounts of penalties for the same penalty notice
offence under that Act (for example, according to whether the offender is a
corporation or a natural person, or according to the circumstances in which
the offence is committed).
1.18Ombudsman Act 1974 No
68
[1]Part 6
Insert after Part 5:
Part 6Complaint handling by relevant
agencies
41Definitions
(1)
In this Part:
complaint means a complaint (however
described) that is made to a relevant agency.
consent includes consent that is
given orally.
relevant
agency means an agency specified in Schedule
1A.
relevant
complaints legislation, in relation to a complaint, means
the Act or statutory rule that governs the making of such a
complaint.
sensitive
personal information, in relation to a complainant, means
information relating to the complainant’s ethnic or racial origin,
political opinions, religious or philosophical beliefs, trade union
membership, health or sexual activities.
(2)
For the purposes of this Part:
(a)
a reference to a complaint having been made to a
relevant agency includes a reference to a complaint having been referred to
the agency under section 42, and
(b)
a reference to a complaint being within a
relevant agency’s jurisdiction is a reference to a complaint that a
person is authorised by law to make to the agency or that the agency is
authorised by law to deal with.
(3)
Schedule 1A may be amended or replaced by
proclamation.
42Referral of complaints between
relevant agencies
(1)
Two or more relevant agencies may enter into an
arrangement for the referral of complaints between them (a complaint
referral arrangement).
(2)
Under a complaint referral arrangement:
(a)
any agency that is party to the arrangement may
be authorised to refer to any other such agency any complaint received by it
that appears to be within, or partly within, the other agency’s
jurisdiction, and
(b)
a complaint that is within, or partly within,
more than one agency’s jurisdiction may be referred to one of them, some
of them or all of them.
(3)
A complaint may be referred under a complaint
referral arrangement regardless of any action that has been taken in relation
to the complaint by the agency that received it.
(4)
Despite subsection (2), a complaint may not be
referred from one agency to another except with the express consent of the
complainant.
(5)
Subject to the terms of the complaint referral
arrangement, the referral of a complaint discharges the agency that received
the complaint from any further obligations with respect to the complaint to
the extent to which the complaint is not within its jurisdiction, but does not
prevent that agency from continuing to deal with the complaint to the extent
to which the complaint is within its jurisdiction.
(6)
A complaint that is referred to an agency under
this section is taken to have been duly made to that agency under the relevant
complaints legislation.
(7)
An agency has the same immunities with respect to
a complaint that it refers to another agency under this section as it has with
respect to any complaint that it deals with under the relevant complaints
legislation.
(8)
Any report in relation to complaints dealt with
by a relevant agency that is prepared by the agency for the purposes
of:
(a)
the relevant complaints legislation,
or
(b)
the Annual Reports
(Departments) Act 1985, or
(c)
the Annual Reports
(Statutory Bodies) Act 1984,
must distinguish between those complaints that are made
directly to the agency and those that are referred to the agency, whether
under this Part or otherwise.
(9)
This section does not limit the operation of any
other Act under which an agency is authorised or required to refer complaints
to another agency.
43Sharing of information by
relevant agencies
(1)
Two or more relevant agencies may enter into an
arrangement for the sharing of information held by them (an information sharing
arrangement).
(2)
Under an information sharing arrangement, any
agency that is party to the arrangement may be authorised to do either or both
of the following (but only to the extent that the activity concerned is
reasonably necessary to assist the agency to carry out its functions):
(a)
to receive information obtained by any other such
agency with respect to a complaint dealt with by that other
agency,
(b)
to be present during any investigation or hearing
conducted by any other such agency with respect to a
complaint.
(3)
An agency that, under an information sharing
arrangement, is authorised to receive information obtained by some other
agency may do so, and the agency by which the information was obtained may
provide the information to the agency so authorised, despite any other Act or
law.
(4)
An agency that, under an information sharing
arrangement, is authorised to be present during an investigation or hearing
conducted by some other agency may do so, despite any other Act or
law.
(5)
For the purpose of enabling an agency so
authorised to be present during such an investigation, the agency may exercise
any power of entry exercisable by the other agency, and has all the immunities
of the other agency with respect to the exercise of any such power, despite
any other Act or law.
(6)
Despite any other provision of this section, an
agency must not, except with the complainant’s express consent:
(a)
disclose to any other agency any information
obtained by it with respect to a complaint, or
(b)
permit any other agency to be present during any
investigation or hearing conducted by it with respect to a
complaint,
if the agency has (or should have) reason to suspect
that the information is or includes sensitive personal information about the
complainant.
(7)
This section does not limit the operation of any
other Act under which an agency is authorised or required to disclose
information to another agency.
44Delegation
Despite any other Act or law, a relevant agency
may delegate any of its functions under this Part to an officer of the
agency.
45Inter-agency agreements to be
publicly available
A relevant agency that enters into a complaint
referral arrangement under section 42 or an information sharing arrangement
under section 43 must ensure that copies of the arrangement are made available
for public inspection at each of its offices.
[2]Schedule
1A
Insert after Schedule 1:
Schedule 1AAgencies
(Section 41)
Community Services Commission
Health Care Complaints Commission
Legal Services Commissioner
Ombudsman
President of the Anti-Discrimination
Board
Privacy Commissioner
Explanatory
note
The proposed amendments permit the Community
Services Commission, the Health Care Complaints Commission, the Legal Services
Commissioner, the Ombudsman, the President of the Anti-Discrimination Board
and the Privacy Commissioner (each of which is a relevant
agency) to enter into arrangements:
(a)
for the referral of complaints among themselves,
and
(b)
for the sharing of information held by
them.
1.19Passenger Transport Act 1990 No
39
Section 59 Penalty notices for
certain offences
Insert after section 59 (3):
(3A)
The regulations may:
(a)
prescribe different amounts of penalties for
different offences or classes of offences, and
(b)
prescribe different amounts of penalties for the
same penalty notice offence.
Explanatory
note
The proposed amendment enables regulations under
the Passenger Transport Act 1990 to
prescribe different amounts of penalties for different offences or classes of
offences and to prescribe different amounts of penalties for the same penalty
notice offence under that Act (for example, according to whether the offender
is a corporation or a natural person, or according to the circumstances in
which the offence is committed).
1.20Ports
Corporatisation and Waterways Management Act 1995 No
13
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
subsidiary, in relation to a Port
Corporation, means a body corporate that would be a subsidiary (as determined
by the Corporations Act 2001 of the
Commonwealth) of the Port Corporation if the Port Corporation were a
company.
[2]Section 6 Establishment of
Newcastle Port Corporation as statutory SOC
Omit section 6 (2).
[3]Section 7 Establishment of
Port Kembla Port Corporation as statutory SOC
Omit section 7 (2).
[4]Section 50 Imposition of
navigation service charge
Omit section 50 (2). Insert instead:
(2)
Unless the regulations otherwise provide, the
charge:
(a)
is payable on each entry by the vessel into any
designated port, and
(b)
is to be calculated by reference to the gross
tonnage of the vessel.
[5]Section 59 Meaning of
“site”
Omit “office of the Minister” from
section 59 (1).
Insert instead “office of the relevant port
authority”.
[6]Section 60 Site occupation
charge
Insert after section 60 (3):
(4)
This section does not apply in respect of so much
of a site as is leased by the relevant port authority as
lessor.
[7]Section 61 Wharfage
charge
Omit “The charge” from section 61
(2).
Insert instead “Unless the regulations
otherwise provide, the charge”.
[8]Section 70 Interest on overdue
payments
Omit section 70 (1). Insert instead:
(1)
The relevant port authority may charge interest,
at a rate determined by the authority, on charges under this Part that are
unpaid by the due date.
[9]Section 77
Definitions
Insert after section 77 (2):
(3)
A reference in this Part to pilotage services
provided by a Port Corporation includes a reference to pilotage services
provided by a subsidiary of the Port Corporation, and a reference to a
pilotage service provider is to be construed as including a reference to any
such subsidiary providing pilotage services.
[10]Section 108 Service of
documents
Insert “a Port Corporation or” before
“the Waterways Authority” wherever occurring in section 108 (1)
and (2).
[11]Section 108 (1) (a) and
(b)
Insert “relevant Port Corporation or
the” before “Authority” wherever
occurring.
Explanatory
note
Repeals
Items [2] and [3] of the proposed amendments
repeal provisions of the Ports Corporatisation and Waterways
Management Act 1995 (the
Act) that amended the State Owned
Corporations Act 1989. The amendments have been
incorporated in the latter Act, which is up-to-date on the Legislation
Database maintained by the Parliamentary Counsel’s Office and available
electronically.
Port
charges
At present, section 50 (2) of the Act provides
that a navigation service charge is payable on each entry (by a vessel liable
for the charge) into any designated port (within the meaning
of Part 5 of the Act) and that, unless the regulations otherwise provide, the
charge is to be calculated by reference to the gross tonnage of the vessel.
Item [4] of the proposed amendments repeals and re-enacts section 50 (2) so as
to permit the regulations to vary the requirement for payment on every entry
to a designated port (as well as the method of calculation of the
charge).
Item [7] of the proposed amendments amends
section 61 of the Act so as to permit the regulations to vary the manner of
calculation of wharfage charges payable under that section.
These proposed amendments mirror other provisions
of the Act (for example, sections 56 (3), 60 (2) and 70 (3)).
Item [6] of the proposed amendments inserts a new
subsection in section 60 (Site occupation charge) so as to make it clear that
a site occupation charge payable under Part 5 of the Act is not payable by a
lessee who leases the site from the relevant
port authority (within the meaning of that Part). Item [5]
amends the definition of site to reflect the fact that the
map defining the area of a site is now kept at the office of the relevant port
authority and not at that of the Minister.
Miscellaneous
At present, section 70 (1) of the Act provides
that charges under Part 5 that are unpaid by the due date “attract
interest” at a rate determined by the relevant port authority. Item [8]
of the proposed amendments repeals and re-enacts section 70 (1) so as to
provide for such interest to be charged at the discretion of the relevant port
authority (rather than compulsorily).
Item [9] of the proposed amendments inserts a
referential provision in Part 6 (Pilotage) of the Act to reflect the fact that
pilotage
services may be provided by a Port Corporation by means of a
subsidiary. Item [1] inserts a definition of subsidiary in section 3
(Definitions) for the purposes of the Act.
At present, section 108 of the Act specifies
certain ways in which documents might be served on the Waterways Authority.
Items [10] and [11] of the proposed amendments extend the ambit of that
section to include service of documents on Port
Corporations.
1.21Property, Stock and Business Agents Act 2002 No
66
[1]Section 86 Trust money to be
paid into trust account
Omit “licencee” from section 86 (1).
Insert instead “licensee”.
[2]Schedule 2 Consequential
amendments
Omit so much of item [2] of Schedule 2.7 (Property, Stock and Business Agents Act
2002) as would insert section 17 (4), and renumber
proposed section 17 (5) as section 17 (4).
[3]Schedule 2.7
[3]
Omit the item. Insert instead:
[3]Sections 18, 19 and
24
Omit the sections. Insert instead:
19Certain applications to be
refused
An application must not be granted unless the
applicant is eligible to be granted the licence or certificate of registration
concerned (as provided by section 14).
[4]Schedule 2.7
[5]
Omit the item. Insert instead:
[5]Section 26 Effect of applying
for restoration of expired licence
Omit section 26
(1)–(5).
[5]Schedule 2.10 Strata Schemes Management Act 1996 No
138
Omit “Property, Stock and Business Agents
Act 2001” from Schedule 2.10 [8].
Insert instead “Property, Stock and Business Agents Act
2002”.
Explanatory
note
Amendments relating to
enactment of Licensing and Registration (Uniform
Procedures) Act 2002
Schedule 2.7 [2] to the Property, Stock and Business Agents Act
2002 repeals and re-enacts section 17 of the Property, Stock and Business Agents Act
2002 (and inserts section 17A) as a consequence of the
enactment of the Licensing and Registration (Uniform
Procedures) Act 2002. Item [2] of the proposed amendments
omits an unnecessary subsection of the new section 17 and re-numbers the
following subsection in consequence of that omission.
Schedule 2.7 [3] to the Property, Stock and Business Agents Act
2002 omits sections 18, 19 and 24 of the Property, Stock and Business Agents Act
2002 as a consequence of the enactment of the Licensing and Registration (Uniform Procedures) Act
2002. Item [3] of the proposed amendments amends Schedule
2.7 [3] so as to replace the repealed sections with a new section 19 that
restores a provision that currently specifies grounds on which an application
for a licence or certificate of registration is to be refused.
Schedule 2.7 [5] to the Property, Stock and Business Agents Act
2002 omits sections 26 and 27 of the Property, Stock and Business Agents Act
2002 as a consequence of the enactment of the Licensing and Registration (Uniform Procedures) Act
2002. Item [4] of the proposed amendments amends Schedule
2.7 [5] so as to restore section 27 (dealing with appeals to the
Administrative Decisions Tribunal) and so as to keep a provision that
currently resurrects an expired licence, for limited purposes, when an
application to restore the licence is made.
Statute law
amendments
Item [1] of the proposed amendments corrects a
typographical error.
Item [5] of the proposed amendments corrects the
citation of an Act.
1.22Protected Disclosures Act 1994 No
92
[1]Section 8 Disclosure must be
made by public officials
Omit section 8 (1) (c). Insert instead:
(c)
to:
(i)
another officer of the public authority or
investigating authority to which the public official belongs,
or
(ii)
an officer of the public authority or
investigating authority to which the disclosure
relates,
in accordance with any procedure established by the
authority concerned for the reporting of allegations of corrupt conduct,
maladministration or serious and substantial waste of public money by that
authority or any of its officers, or
[2]Section 14 Disclosures to
public officials
Insert “or by another public authority or
any of its officers” after “by the authority or any of its
officers” in section 14 (1).
[3]Section 14
(2)
Omit the subsection. Insert instead:
(2)
To be protected by this Act, a disclosure by a
public official to:
(a)
another officer of the public authority to which
the public official belongs, or
(b)
an officer of the public authority to which the
disclosure relates,
in accordance with any procedure established by the
authority concerned for the reporting of allegations of corrupt conduct,
maladministration or serious and substantial waste of public money by that
authority or any of its officers must be a disclosure of information that
shows or tends to show such corrupt conduct, maladministration or serious and
substantial waste (whether by that authority or any of its officers or by
another public authority or any of its officers).
[4]Section 26 Referral of
disclosures by public officials
Insert after section 26 (1):
(1A)
If the public official to whom the disclosure
referred to in subsection (1) was made does not belong to the public authority
or investigating authority to which the disclosure relates, the public
official must refer the disclosure to the principal officer of, or officer who
constitutes, the authority concerned, or to an investigating authority, for
investigation or other action.
Explanatory
note
The Protected
Disclosures Act 1994 (the Act) currently provides
protection to a public official (as defined in the Act) who makes a disclosure
of information that shows or tends to show corrupt conduct, maladministration
or serious and substantial waste of public money by a public
authority or investigating authority (both of
which are defined in the Act) or any of its officers if the disclosure is made
to certain persons specified in the Act. Those persons include the principal
officer of (or officer who constitutes) the authority the subject of the
disclosure. However, protection is afforded to a public official who discloses
such information to the principal officer (or another officer, in accordance
with internal procedure) of the authority to which the public official belongs
only if the disclosure is in respect of that authority. Protection is not
afforded if the disclosure relates to another authority.
Item [1] of the proposed amendments provides for
a public official to make a disclosure to an officer of the authority to which
the disclosure relates in accordance with any procedure established by the
authority concerned for that purpose.
Item [2] of the proposed amendments protects a
disclosure made by a public official to the principal officer of, or officer
who constitutes, the public or investigating authority to which the disclosing
officer belongs even if it is a disclosure relating to another public or
investigating authority.
Item [3] of the proposed amendments provides the
same protection in respect of such a disclosure when it is made to another
officer of the authority to which the disclosure relates in accordance with
any procedure established by the authority concerned for that
purpose.
Item [4] of the proposed amendments inserts a new
subsection in section 26 of the Act so as to require a public official to whom
a disclosure under Part 2 (Protected disclosures) of the Act is made in
respect of another public authority to refer the disclosure to the principal
officer of (or officer who constitutes) the public authority to which the
disclosure relates.
1.23Protection of the Environment Operations Act
1997 No 156
[1]Section 187 Appointment of
authorised officers
Renumber section 187 (3) (as inserted by the
Statute Law (Miscellaneous Provisions) Act
2002) as section 187 (2A).
[2]Section 244 Orders
generally
Insert after section 244 (2):
(3)Other action not
required
Orders may be made under this Part regardless of
whether any penalty is imposed, or other action taken, in relation to the
offence.
Explanatory
note
Item [1] of the proposed amendments corrects
duplicate numbering.
Section 244 in Part 8.3 of the Protection of the Environment Operations Act
1997 (the
Act) provides for the making of orders of various kinds
under that Part in relation to offences against the Act (or the regulations
made under the Act) that a court finds proved. (The orders that may be made
under Part 8.3 include orders to make good any environmental damage caused by
the offence, orders requiring the offender to pay certain costs and expenses,
and orders requiring the offender to carry out a specified project for the
restoration or enhancement of the environment in a public place or for the
public benefit.) Section 244 (2) provides that orders may be made under Part
8.3 in addition to any penalty that may be imposed or any other action that
may be taken in relation to the offence concerned.
Item [2] of the proposed amendments inserts an
additional subsection in section 244 to make it clear that the imposition of a
penalty, or the taking of any other action, in relation to the offence is not
a prerequisite to the making of such an order.
1.24Public
Trustee Act 1913 No 19
Section 5 Office of Public
Trustee
Insert after section 5 (1):
(1A)
Subject to this Act, the person appointed to the
office of Public Trustee holds office for such period (not exceeding 5 years)
as is specified in his or her instrument of appointment, but is eligible (if
otherwise qualified) for re-appointment.
Explanatory
note
At present, the person appointed to the office of
Public Trustee under section 5 of the Public Trustee
Act 1913 is appointed for an indefinite term. The
appointee ceases to hold that office only in the circumstances specified in
the section (for example, if he or she resigns or dies, or is removed by the
Governor for misbehaviour or incompetence after a resolution of each House of
Parliament declaring that he or she ought to be removed).
The proposed amendment inserts a new subsection
in section 5 to provide that the appointee is to be appointed for a specified
term (which is not to exceed 5 years). However, there is no limit on the
number of times that an appointee may be re-appointed (if otherwise qualified)
to the office.
As the office is currently vacant, there is no
need for a transitional provision.
1.25Real
Property Act 1900 No 25
[1]Section 74F Lodgment of
caveats against dealings, possessory applications, plans and applications for
cancellation of easements or extinguishment of restrictive
covenants
Insert “(and, if that address is a box at a
document exchange, an alternative address in New South Wales that is not such
a box)” after “the caveator” in section 74F (5) (b)
(viii).
[2]Section 74I Lapse of caveat
where dealing etc subsequently lodged for recording
Omit “the caveator takes the action
referred to in subsection (3), the caveat will lapse to the extent provided by
that subsection and the dealing or plan will be recorded or registered.”
from section 74I (1).
Insert instead:
the caveator has:
(c)
obtained from the Supreme Court an order
extending the operation of the caveat for such further period as is specified
in the order or until the further order of that Court, and
(d)
lodged with the Registrar-General the order or an
office copy of the order,
the caveat will (subject to evidence of due service of
the notice on the caveator) lapse in accordance with subsection (5) and the
dealing or plan will be recorded or registered.
[3]Section 74I
(2)
Omit “the caveator takes the action
referred to in subsection (3), the caveat will lapse to the extent provided by
that subsection and the possessory application may be
granted.”.
Insert instead:
the caveator has:
(a)
obtained from the Supreme Court an order
extending the operation of the caveat for such further period as is specified
in the order or until the further order of that Court, and
(b)
lodged with the Registrar-General the order or an
office copy of the order,
the caveat will (subject to evidence of due service of
the notice on the caveator) lapse in accordance with subsection (5) and the
possessory application may be granted.
[4]Section 74I
(3)–(5)
Omit subsection (3). Insert instead:
(3)
The applicant must, within 4 weeks after the
issue of the notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-General may accept,
evidence of the due service of the notice on the
caveator.
(4)
If the applicant does not comply with subsection
(3), the Registrar-General:
(a)
may refuse to take any further action in
connection with the notice prepared under subsection (1) or (2) (as relevant),
or
(b)
may serve on the applicant a notice allowing a
further 4 weeks from the date of service of that notice for lodgment of the
evidence and, if the evidence is not lodged within the further period, may
refuse to take any further action in connection with the notice prepared under
subsection (1) or (2) (as relevant).
(5)
If:
(a)
the evidence required by subsection (3) is lodged
within the time permitted by this section, and
(b)
the caveator has not lodged with the
Registrar-General the order or office copy of the order referred to in
subsection (1) or (2) (as the case may require) in accordance with the
relevant subsection,
the Registrar-General is to make a recording in the
Register to the effect that the caveat has, to the extent that it would
prohibit the recording of the dealing or the registration of the delimitation
plan, or the granting of the possessory application, lapsed, and the caveat so
lapses on the making of that recording.
[5]Section 74J Lapse of caveat on
application of proprietor of estate or interest
Omit “the caveator takes the action
referred to in subsection (2) before the expiry of 21 days after the date of
service of the notice, the caveat will lapse.” from section 74J
(1).
Insert instead:
the caveator has, before the expiry of 21 days
after the date of service of the notice:
(a)
obtained from the Supreme Court an order
extending the operation of the caveat for such further period as is specified
in the order or until the further order of that Court, and
(b)
lodged with the Registrar-General the order or an
office copy of the order,
the caveat will (subject to evidence of due service of
the notice on the caveator) lapse in accordance with subsection
(4).
[6]Section 74J
(2)–(4)
Omit subsection (2). Insert instead:
(2)
The applicant must, within 4 weeks after the
issue of the notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-General may accept,
evidence of the due service of the notice on the
caveator.
(3)
If the applicant does not comply with subsection
(2), the Registrar-General:
(a)
may refuse to take any further action in
connection with the notice prepared under subsection (1),
or
(b)
may serve on the applicant a notice allowing a
further 4 weeks from the date of service of that notice for lodgment of the
evidence and, if the evidence is not lodged within the further period, may
refuse to take any further action in connection with the notice prepared under
subsection (1).
(4)
If:
(a)
the evidence required by subsection (2) is lodged
within the time permitted by this section, and
(b)
the caveator has not lodged with the
Registrar-General the order or office copy of the order referred to in
subsection (1) in accordance with that subsection,
the Registrar-General is to make a recording in the
Register to the effect that the caveat has lapsed, and the caveat so lapses on
the making of that recording.
[7]Section 74JA Lapse of caveat
regarding extinguishment of restrictive covenant
Omit “the caveator takes the action
referred to in subsection (4), the caveat will lapse to the extent provided by
that subsection and the restrictive covenant will be extinguished.” from
section 74JA (3).
Insert instead:
the caveator has:
(a)
obtained from the Supreme Court an order
extending the operation of the caveat for such further period as is specified
in the order or until the further order of that Court, and
(b)
lodged with the Registrar-General the order or an
office copy of the order,
the caveat will (subject to evidence of due service of
the notice on the caveator) lapse in accordance with subsection (6) and the
restrictive covenant will be extinguished.
[8]Section 74JA
(4)–(6)
Omit subsection (4). Insert instead:
(4)
The applicant must, within 4 weeks after the
issue of the notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-General may accept,
evidence of the due service of the notice on the
caveator.
(5)
If the applicant does not comply with subsection
(4), the Registrar-General:
(a)
may refuse to take any further action in
connection with the notice prepared under subsection (3),
or
(b)
may serve on the applicant a notice allowing a
further 4 weeks from the date of service of that notice for lodgment of the
evidence and, if the evidence is not lodged within the further period, may
refuse to take any further action in connection with the notice prepared under
subsection (3).
(6)
If:
(a)
the evidence required by subsection (4) is lodged
within the time permitted by this section, and
(b)
the caveator has not lodged with the
Registrar-General the order or office copy of the order referred to in
subsection (3) in accordance with that subsection,
the Registrar-General is to make a recording in the
Register to the effect that the caveat has, to the extent that it would
prohibit the extinguishment of the restrictive covenant concerned, lapsed, and
the caveat so lapses on the making of that recording.
[9]Schedule 3 Savings and
transitional provisions
Insert after clause 18:
Part 7Statute Law (Miscellaneous Provisions) Act (No 2)
2002
19Lapsing of
caveats
Sections 74I, 74J and 74JA, as in force
immediately before the commencement of Schedule 1.25 to the Statute Law (Miscellaneous Provisions) Act (No 2)
2002, continue to apply to and in respect of applications
made under those sections before that commencement as if that Act had not been
enacted.
Explanatory
note
Section 74F (5) of the Real
Property Act 1900 (the Act) sets out the requirements
for a caveat lodged under section 74F. Section 74F (5) (b) (viii) provides
that the caveat must specify an address in New South Wales at which notices
may be served on the caveator. Frequently, solicitors who are members of a
document exchange (DX) specify their DX number as the
address. However, persons who are not members of the DX cannot use the DX to
serve a notice. Item [1] of the proposed amendments ensures that, if a DX
number is specified as the address, an alternative, non-DX, address must also
be specified.
Items [2]–[8] of the proposed amendments
give statutory force to the Registrar-General’s current administrative
arrangements relating to the lapsing of caveats. At present, sections 74I, 74J
and 74JA of the Act provide that the caveats to which those sections relate
lapse at the expiry of the period of 21 days after the date of service on the
caveator of a notice warning the caveator that the caveat will lapse unless,
within that period, the caveator obtains and lodges with the Registrar-General
an order from the Supreme Court extending the operation of the
caveat.
The proposed amendments amend those sections so
as to require the person seeking the lapsing of the caveat to lodge with the
Registrar-General evidence of service of the warning notice on the caveator
within 4 weeks after the issue of the notice. They also provide for an
extension of time for that service, and enable the Registrar-General to refuse
to take any further action in relation to the lapsing of the caveat if the
applicant fails to provide the evidence of service of the notice within the
time allowed.
Item [9] of the proposed amendments inserts a
transitional provision in the Act to ensure that applications made under
sections 74I, 74J and 74JA before the amendment of those sections by this Act
are dealt with in accordance with those sections as in force at the time the
applications were made.
1.26Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Section
10AA
Insert after section 10:
10AATribunal assistance to other
entities
(1)
The Tribunal may enter into arrangements with any
Minister or government agency or other body or person in the public sector for
the provision of assistance by the Tribunal to the Minister, agency or other
body or person by means of the provision of services that are within the
Tribunal’s field of expertise and relevant to its
functions.
(2)
However, the Tribunal is not to enter into an
arrangement under this section:
(a)
for the provision of services relating to the
remuneration or allowances payable to the holder of an office specified in
Schedule 1, 2, 3 or 4, or
(b)
unless the Minister has approved of the
arrangement (either generally or in a particular
case).
(3)
In entering into an arrangement under this
section, the Tribunal has a duty to ensure that giving effect to the
arrangement will not interfere with the ability of the Tribunal to exercise
its functions.
Explanatory
note
The proposed amendment inserts a new section in
the Statutory and Other Offices Remuneration Act
1975 (the
Act) so as to permit the Statutory and Other Offices
Remuneration Tribunal (the
Tribunal) to provide assistance to Ministers, government
agencies and other bodies and persons (in the public sector only) in the form
of services that are within the Tribunal’s field of expertise and
relevant to its functions. However, that assistance will not extend to matters
relating to remuneration or allowances determined by the Tribunal under the
Act.
The proposed new section is similar to a
provision of the Independent Pricing and Regulatory
Tribunal Act 1992.
1.27Strata
Schemes (Freehold Development) Act 1973 No
68
[1]Section 8 Registration of
strata plans
Insert after section 8 (6) (a):
(a1)
if the certificate of title or Crown grant for
the land comprising the proposed parcel does not accompany the plan (or is not
produced in the office of the Registrar-General within such time as the
Registrar-General considers reasonable), unless evidence is furnished to the
Registrar-General’s satisfaction that:
(i)
the certificate of title or Crown grant is in his
or her custody, and that he or she has authority to use the instrument in
connection with the registration of the plan, or
(ii)
the certificate of title or Crown grant has been
lost, mislaid or destroyed and application has been duly made (and is being
duly prosecuted) under section 111 of the Real Property Act
1900, or
[2]Section 11 Unit entitlements
of lots in subdivisions involving common property
Omit “section 37A (5) (b)” from
section 11 (b).
Insert instead “section 37A (5)
(c)”.
[3]Section 27 Dedication of
common property
Omit “unanimous resolution” from
section 27 (2).
Insert instead “special
resolution”.
Explanatory
note
Section 15 (2) of the Strata
Schemes (Freehold Development) Act 1973 (the Act) permits the
Registrar-General to refuse to register a strata plan of subdivision or
consolidation, a notice of conversion or a building alteration plan if it is
not accompanied by the certificate of title for the common property (except in
certain circumstances—for example, if the certificate is lost and
application for a replacement has been duly made and is being prosecuted).
Item [1] of the proposed amendments inserts a similar power in relation to the
registration of an initial strata plan and the certificate of title (or Crown
grant) for the land to which the proposed strata plan relates.
Item [2] of the proposed amendments corrects a
cross-reference.
The Conveyancing
Legislation Amendment (e-plan) Act 2002 repealed and
re-enacted (among other things) section 27 (2) of the Act. That subsection
requires the common property in a strata scheme that is to be dedicated as
public road, public reserve or drainage reserve to be identified on a plan and
relate to a statement of intention to so dedicate that is acknowledged by
endorsement of the seal of the owners corporation “pursuant to a
unanimous resolution”. However, an earlier amendment (made by the
Strata Schemes Legislation Amendment Act
2001) had altered section 27 (2), as then in force, so as
to require only a special resolution (that is, a resolution passed at a duly
convened general meeting of the owners corporation and against which not more
than one-quarter in value (ascertained as provided by the Act) of votes is
cast), rather than a unanimous resolution. Item [3] of the proposed amendments
gives effect to the earlier amendment.
1.28Strata
Schemes (Leasehold Development) Act 1986 No
219
[1]Section 7 Registration of
strata plans
Insert after section 7 (2E) (b):
(b1)
if the certificate of title or Crown grant for
the land comprising the proposed parcel does not accompany the plan (or is not
produced in the office of the Registrar-General within such time as the
Registrar-General considers reasonable), unless evidence is furnished to the
Registrar-General’s satisfaction that:
(i)
the certificate of title or Crown grant is in his
or her custody, and that he or she has authority to use the instrument in
connection with the registration of the plan, or
(ii)
the certificate of title or Crown grant has been
lost, mislaid or destroyed and application has been duly made (and is being
duly prosecuted) under section 111 of the Real Property Act
1900, or
[2]Section 14 Unit entitlements
of lots in subdivisions involving common property
Omit “section 66A (5) (b)” from
section 14 (b).
Insert instead “section 66A (5)
(c)”.
[3]Section 31 Dedication of
common property
Omit “unanimous resolution” from
section 31 (2).
Insert instead “special
resolution”.
[4]Section 35 Powers of lessor
where no current lease
Omit “prescribed authority” from
section 35 (2).
Insert instead
“proprietor”.
Explanatory
note
Section 18 (2) of the Strata
Schemes (Leasehold Development) Act 1986 (the Act) permits the
Registrar-General to refuse to register a strata plan of subdivision or
consolidation, a notice of conversion or a building alteration plan if it is
not accompanied by the certificate of title for the common property (except in
certain circumstances—for example, if the certificate is lost and
application for a replacement has been duly made and is being prosecuted).
Item [1] of the proposed amendments inserts a similar power in relation to the
registration of an initial strata plan and the certificate of title (or Crown
grant) for the land to which the proposed strata plan relates.
Item [2] of the proposed amendments corrects a
cross-reference.
The Conveyancing
Legislation Amendment (e-plan) Act 2002 repealed and
re-enacted (among other things) section 31 (2) of the Act. That subsection
requires the common property in a strata scheme that is to be dedicated as
public road, public reserve or drainage reserve to be identified on a plan and
relate to a statement of intention to so dedicate that is acknowledged by
endorsement of the seal of the owners corporation “pursuant to a
unanimous resolution”. However, an earlier amendment (made by the
Strata Schemes Legislation Amendment Act
2001) had altered section 31 (2), as then in force, so as
to require only a special resolution (that is, a resolution passed at a duly
convened general meeting of the owners corporation and against which not more
than one-quarter in value (ascertained as provided by the Act) of votes is
cast), rather than a unanimous resolution. Item [3] of the proposed amendments
gives effect to the earlier amendment.
Originally, the leasehold strata scheme
established by the Act could be utilised only by a prescribed authority (the Crown or a
public authority, including a local council). When the Act was later amended
to allow privately owned land to be the subject of such a scheme, the
expression “prescribed authority” was replaced by the expression
“proprietor”. However, one such expression was missed. Item [4] of
the proposed amendments makes the necessary correction.
1.29Strata
Schemes Management Act 1996 No 138
Section 112 Agreement for
payment to owner of consideration on transfer or lease of common
property
Omit “unanimous resolution”. Insert
instead “special resolution”.
Explanatory
note
On 1 June 2001, the Strata
Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act
1986 were amended to allow common property to be dealt
with by special resolution rather than unanimous resolution.
The proposed amendment makes a consequential
amendment to a provision that is concerned solely with common
property.
1.30Unlawful Gambling Act 1998 No
113
Section 6 Definition of
“prohibited gaming device”
Insert after section 6 (3):
(4)
A device that would otherwise be a prohibited
gaming device is not a prohibited gaming device if:
(a)
it is kept in a State-owned museum or similar
public institution, and
(b)
it is not used for the purposes of gambling,
and
(c)
it is used only for educational or cultural
purposes.
Explanatory
note
Section 15 of the Unlawful Gambling
Act 1998 (the
Act) creates the offence of possessing, or permitting the
use or operation of a prohibited gaming device, which is
defined in section 6 of the Act.
The proposed amendment amends section 6 so as to
allow State-owned museums and similar public institutions to hold, display,
and demonstrate the operation of, such gaming devices.
1.31Wentworth Irrigation Act 1890 No
7
Section 4
Definitions
Omit the definitions of Domestic
use, Regulations and Stock.
Explanatory
note
The proposed amendment omits definitions of terms
(domestic
use and stock) that are no longer used in
the Wentworth Irrigation Act 1890. It also
omits the definition of a term (regulations) that is dealt with in
section 20 of the Interpretation Act
1987.
Schedule 2Amendments by way of statute
law revision
(Section 3)
2.1Burwood Planning Scheme
Ordinance
Clause 78DA Development of
land at Webb Street, Croydon
Omit “(within the meaning of the Unhealthy Building Land Act 1990)”
from clause 78DA (6).
Explanatory
note
The proposed amendment is consequential on the
proposed repeal of the Unhealthy Building Land Act
1990 by section 4 (2).
2.2Conveyancing (Sale of Land) Regulation
2000
Schedule 3 Prescribed
warranties
Omit item 7 from Part 3.
Explanatory
note
The proposed amendment is consequential on the
proposed repeal of the Unhealthy Building Land Act
1990 by section 4 (2).
2.3Crimes
(Administration of Sentences) Act 1999 No
93
Section 198 Matters to be
considered in relation to certain advisory functions
Omit “served” where secondly
occurring from section 198 (3) (e).
Insert instead
“serve”.
Explanatory
note
The proposed amendment corrects incorrect
grammar.
2.4Environmental Planning and Assessment Act 1979 No
203
Section 118 Appointment of
environmental planning administrator
Omit “section 94A” from section 118
(1). Insert instead “section 94E”.
Explanatory
note
The proposed amendment corrects a
cross-reference.
2.5Firearms (General)
Amendment (Temporary Amnesty for pre-1900 Firearms) Regulation
2002
Clause 3
Omit the clause. Insert instead:
3Amendment of Firearms (General) Regulation
1997
The Firearms
(General) Regulation 1997 is amended as set out in
Schedule 1.
Explanatory
note
The proposed amendment corrects the incorrect
citations of a statutory instrument.
2.6Gaming
Machines Act 2001 No 127
Section 47A Prohibition on
accepting transfer of prize winning cheques
Omit “limited” from section 47A (2).
Insert instead “limiting”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.7Gas Supply (Network Safety Management) Regulation
2002
[1]Clause 3
Definitions
Insert “(1)” before “In this
Regulation”.
[2]Clause 3 (1) (as
gazetted)
Renumber the subclause as subclause
(2).
Explanatory
note
The proposed amendments number an unnumbered
subclause and make a consequential amendment to the numbering of another
subclause.
2.8Health
Records and Information Privacy Act 2002 No
71
Schedule 3 Amendment of
Privacy and Personal Information Protection Act 1998
Omit “1998” from the Note to
section 45 (2A) in Schedule 3 [18].
Insert instead
“2002”.
Explanatory
note
The proposed amendment corrects an incorrect
citation of an Act.
2.9Landlord and Tenant (Amendment) Act 1948 No
25
Sections 30 and
32
Omit “Controller’s” wherever
occurring.
Insert instead
“Director-General’s”.
Explanatory
note
The proposed amendment updates
terminology.
2.10Leeton Local Environmental Plan No
35
Schedule 1
Definitions
Omit the definition of unhealthy
building land.
Explanatory
note
The proposed amendment omits the definition of a
term (defined by reference to an Act that is to be repealed by section 4 (2))
that is not used in the local environmental plan.
2.11Marine
Pollution Act 1987 No 299
Section 25
Interpretation
Insert “, or” after
“pipeline” in paragraph (e) (ii) of the definition of appropriate person in section 25
(1).
Explanatory
note
The proposed amendment inserts missing
punctuation and a missing conjunction.
2.12National Parks and Wildlife Amendment Act 2001 No
130
[1]Schedule 1 Amendment of
National Parks and Wildlife Act 1974
relating to classification and management of land
Omit “138 (1) (b) (ix)” from the
heading to Schedule 1 [73].
Insert instead “138 (1) (b)
(xi)”.
[2]Schedule 1
[80]
Omit “Sections 33 (4) (b)” from the
item heading.
Insert instead “Sections 33 (4)
(a)”.
Explanatory
note
The proposed amendments correct incorporating
directions.
2.13Police
Service Amendment (NSW Police) Act 2002 No
51
Schedule 1 Amendment of
Police Service Act
1990
Insert “or where occurring in the name of
an Act” after “this Schedule” in Schedule 1
[2].
Explanatory
note
The proposed amendment corrects an incorporating
direction.
2.14Protection of the Environment Administration Act
1991 No 60
Section 3
Definitions
Omit “Unhealthy
Building Land Act 1990,” from the list of Acts in
the definition of environment protection
legislation.
Explanatory
note
The proposed amendment omits a reference to an
Act that is to be repealed by section 4 (2).
2.15Public
Sector Employment and Management Act 2002 No
43
Section 28 Period of
employment
Omit “temporary” where secondly
occurring from section 28 (2).
Explanatory
note
The proposed amendment omits a superfluous
word.
2.16Public Sector Employment and Management (General) Regulation
1996
[1]Clause 3
Definitions
Insert “a” before “member of
staff” in the definition of temporary
work location in clause 3 (1).
[2]Clause 3 (1), definition of
“temporary work location”
Omit “public servant”. Insert instead
“member of staff”.
Explanatory
note
Item [1] of the proposed amendments inserts a
missing word.
Item [2] of the proposed amendments updates
obsolete terminology.
2.17Radiation Control Act 1990 No
13
Schedule 2 Savings and
transitional provisions
Renumber Part 3 (where secondly occurring) as
Part 4.
Explanatory
note
The proposed amendment corrects duplicated
numbering of Parts.
2.18Radiation Control Regulation
1993
Clause 6 Safe dose limits to
be taken into account by Authority
Omit “a a decision”. Insert instead
“a decision”.
Explanatory
note
The proposed amendment omits a superfluous
word.
2.19Rail Safety Regulation
1999
Schedule 1 Penalty notice
offences
Omit “(Offences)” from the heading to
Part 2.
Explanatory
note
The proposed amendment corrects an incorrect
citation of a Regulation.
2.20Road
Transport (Heavy Vehicles Registration Charges) Act 1995 No
72
Section 9 Variations in
charges
Insert “in” after
“specified” wherever occurring in section 9 (1), (3) and
(4).
Explanatory
note
The proposed amendment inserts missing
words.
2.21Rural
Fires Act 1997 No 65
Sections 86 (Notice and
certain authorities required before certain fires lit) and 89 (Issue of
permits)
Omit “Environmental Planning Assessment Act
1979” wherever occurring from sections 86 (1A) (b)
and 89 (2) (b).
Insert instead “Environmental Planning and Assessment Act
1979”.
Explanatory
note
The proposed amendment corrects incorrect
citations of an Act.
2.22Statute Law (Miscellaneous Provisions) Act 2002
No 53
Schedule 2 Amendments by way
of statute law revision
Omit “170 (1)” from Schedule 2.16 [1]
wherever occurring.
Insert instead “170A
(1)”.
Explanatory
note
The proposed amendment corrects an incorporating
direction.
2.23Sutherland Local Environmental Plan—Menai Town Centre
1992
Clause 33 What is complying
development?
Omit “1997” from clause 33 (3)
(i). Insert instead “1977”.
Explanatory
note
The proposed amendment corrects an incorrect
citation of an Act.
2.24Sydney Regional Environmental Plan No 17—Kurnell
Peninsula (1989)
Clause 36 What is complying
development?
Omit “1997” from clause 36 (3)
(p). Insert instead “1977”.
Explanatory
note
The proposed amendment corrects an incorrect
citation of an Act.
2.25Western Lands Act 1901 No
70
Section 20 Annual rent (as
inserted by the Western Lands Amendment Act
2002)
Omit “Annual rent = Base rent +
Cultivation charge + Intensive agriculture charge Rehabilitation
rebate” from section 20 (1).
Insert instead “Annual rent = Base rent
+ Cultivation charge + Intensive agriculture charge − Rehabilitation
rebate”.
Explanatory
note
The proposed amendment inserts a minus sign that
was in the Bill for the Western Lands Amendment Act
2002 as introduced into Parliament and passed by both
Houses but which was inadvertently omitted from the Act that was presented to
the Governor for assent and assented to.
2.26Young
Offenders Act 1997 No 54
Section 4
Definitions
Omit “access” from the definition of
on-line
service.
Insert instead
“accessed”.
Explanatory
note
The proposed amendment corrects incorrect
grammar.
Schedule 3Repeals
(Section 4)
Name of Act
or statutory rule
Extent of
repeal
Loan Fund Companies Act 1976 No
94
Sections 9,
10, 11 and 284
Meat Industry Act 1978 No
54
Section
463
Hire-Purchase (Repeal) Act 1981 No
127
Whole
Act3
Children
(Equality of Status) Amendment Act 1984 No
6
Whole
Act2
Optical
Dispensers (Amendment) Act 1987 No 276
Schedule 1 (1), (2), (4) and
(10)4
Schedule
23
Public Authorities Superannuation (Government Initiatives
Transfer) (Savings and Transitional) Regulation
1987
Whole
Regulation3
Public Authorities Superannuation (Cootamundra Shire Council
Gas Employees) (Savings and Transitional) Regulation
1988
Whole
Regulation3
Catchment Management Act 1989 No
235
The
reference to the Upper Parramatta River Catchment Management Trust in Part 2
of Schedule 14
Superannuation (Government Insurance Office Employees)
(Savings and Transitional) Regulation 1990
Whole
Regulation3
State Authorities Superannuation (Australian Securities
Commission Employees) Savings and Transitional Regulation
1991
Whole
Regulation3
State Authorities Superannuation (NSW Health Department
Computer and Information Systems Branch Employees Transfer) Transitional
Regulation 1991
Whole
Regulation3
Superannuation (Australian Securities Commission Employees)
Savings and Transitional Regulation 1991
Whole
Regulation3
Superannuation (NSW Health Department Computer and
Information Systems Branch Employees Transfer) Transitional Regulation
1991
Whole
Regulation3
Medical Practice Act 1992 No
94
Section
64
State Authorities Superannuation (First State Computing
Employees) Transitional Regulation 1992
Whole
Regulation3
State Authorities Superannuation (Government Insurance
Office Employees) Transitional Regulation
1992
Whole
Regulation3
State Authorities Superannuation (GrainCorp Employees)
Transitional Regulation 1992
Whole
Regulation3
State Authorities Superannuation (Sydney Ports Pilotage
Service Employees) Transitional Regulation
1992
Whole
Regulation3
Superannuation (First State Computing Employees)
Transitional Regulation 1992
Whole
Regulation3
Superannuation (GrainCorp Employees) Transitional Regulation
1992
Whole
Regulation3
Superannuation (Sydney Ports Pilotage Service Employees)
Transitional Regulation 1992
Whole
Regulation3
State Authorities Superannuation (ABRI Employees)
Transitional Regulation 1993
Whole
Regulation3
State Authorities Superannuation (FINCOM Employees)
Transitional Regulation 1993
Whole
Regulation3
State Authorities Superannuation (Joint Coal
Board—Coal Industry Tribunal Employees) Transitional Regulation
1993
Whole
Regulation3
State Authorities Superannuation (Lismore City Council)
Transitional Regulation 1993
Whole
Regulation3
Superannuation (FINCOM Employees) Transitional Regulation
1993
Whole
Regulation3
Superannuation (Joint Coal Board—Coal Industry
Tribunal Employees) Transitional Regulation
1993
Whole
Regulation3
State Authorities Superannuation (Centre for Bone and Joint
Diseases Employees’ Superannuation) Regulation
1994
Whole
Regulation3
State
Authorities Superannuation (FRC—NRC Transfer) Regulation
1994
Whole
Regulation3
State Authorities Superannuation (Government Cleaning
Service Employees Transfer) Regulation 1994
Whole
Regulation3
State
Authorities Superannuation (SRA—Goninan Transfer) Regulation
1994
Whole
Regulation3
Superannuation (Government Cleaning Service Employees
Transfer) Regulation 1994
Whole
Regulation3
State Authorities Superannuation (Department of Agriculture
Employees) Transitional Regulation 1995
Whole
Regulation3
Superannuation (Department of Agriculture Employees)
Transitional Regulation 1995
Whole
Regulation3
State Authorities Superannuation (Eastern Creek Raceway
Employees) Transitional Regulation 1996
Whole
Regulation3
State Authorities Superannuation (Integral Energy Australia)
Transitional Regulation 1996
Whole
Regulation3
Superannuation (Eastern Creek Raceway Employees)
Transitional Regulation 1996
Whole
Regulation3
Superannuation (Integral Energy Australia) Transitional
Regulation 1996
Whole
Regulation3
Liquor and
Registered Clubs Legislation Amendment Act 1997 No
155
Whole
Act6
State Authorities Superannuation (Dairy Corporation
Employees) Transitional Regulation 1997
Whole
Regulation3
Superannuation (Dairy Corporation Employees) Transitional
Regulation 1997
Whole
Regulation3
Parliamentary Contributory Superannuation Legislation
Amendment Act 1998 No 13
Whole
Act2
Rural Lands Protection Act 1998 No
143
Clause 11
of Schedule 74
Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999
Division 4
of Part 5 (clauses 123B–123H)3
State Authorities Superannuation (APRA Employees)
Transitional Regulation 1999
Whole
Regulation3
Superannuation (APRA Employees) Transitional Regulation
1999
Whole
Regulation3
Tow Truck Industry Amendment Act 1999 No
61
Whole
Act2
Medical Practice Amendment Act 2000 No
64
Whole
Act2
Unlawful Gambling Amendment (Betting) Act 2000 No
66
Whole
Act2
Road Transport (Heavy Vehicles Registration Charges)
Amendment Act 2000 No 68
Whole
Act2
Plant Diseases Amendment Act 2000 No
70
Whole
Act2
Administrative Decisions Tribunal Legislation Amendment
(Revenue) Act 2000 No 72
Whole
Act2
Legal Profession Amendment (Incorporated Legal Practices)
Act 2000 No 73
Whole
Act2
Rural Assistance Amendment Act 2000 No
79
Whole
Act2
Protection of the Environment Operations Amendment
(Balloons) Act 2000 No 82
Whole
Act2
Crimes at Sea Amendment Act 2000 No
83
Whole
Act2
General Government Debt Elimination Amendment Act
2000 No 84
Whole
Act2
Passenger Transport Amendment Act 2000 No
85
Whole
Act2
Electricity Legislation Amendment (TransGrid) Act
2000 No 88
Whole
Act2
Mining and Petroleum Legislation Amendment Act
2000 No 90
Whole
Act2
Protection of the Environment Operations Amendment
(Tradeable Emission Schemes) Act 2000 No 91
Whole
Act2
Banana Industry Amendment Act 2000 No
94
Whole
Act2
Horticultural Legislation Amendment Act 2000 No
96
Whole
Act2
Legal Aid Commission Amendment Act 2000 No
98
Whole
Act2
Police Service Amendment (Selection and Appointment) Act
2000 No 99
Whole
Act2
Superannuation Legislation Amendment Act 2000 No
100
Whole
Act2
University of Western Sydney Amendment Act 2000
No 101
Whole
Act2
Rural Fires Amendment Act 2000 No
104
Whole
Act2
State Revenue Legislation Further Amendment Act
2000 No 105
Whole
Act2
Valuation of Land Amendment Act 2000 No
106
Whole
Act2
Crimes Legislation Further Amendment Act 2000 No
107
Whole
Act2
Racing and Totalizator Legislation Amendment Act
2000 No 108
Whole
Act2
Crimes (Administration of Sentences) Amendment Act
2000 No 110
Whole
Act2
Law Reform (Miscellaneous Provisions) Amendment Act
2000 No 111
Whole
Act2
Marine Parks Amendment Act 2000 No
113
Whole
Act2
State Authorities Superannuation (Rail Fleet Services
Limited Employees) Transitional Regulation
2000
Whole
Regulation3
Superannuation Legislation Amendment (Same Sex Partners) Act
2000 No 114
Whole
Act2
Superannuation (Rail Fleet Services Limited Employees)
Transitional Regulation 2000
Whole
Regulation3
Appropriation (Budget Variations) Act 2001 No
2
Whole
Act3
Appropriation Act 2001 No
36
Whole
Act3
Appropriation (Parliament) Act 2001 No
37
Whole
Act3
Appropriation (Special Offices) Act 2001 No
38
Whole
Act3
Home Building Legislation Amendment Act 2001 No
51
Section
44
Criminal Legislation Amendment Act 2001 No
117
Schedule
115
Fisheries Management (General) Amendment (Fees) Regulation
2002 (as published in Gazette No 106 on 28 June 2002 at
pages 4719–4726)
Whole
Regulation3
Key
1
indicates repeal of an Act that was assented to
in 2001 or earlier and that contains only amendments or amendments and
repeals
2
indicates repeal of an Act that was assented to
in 2001 or earlier and that contains only amendments and spent provisions (or
other provisions that do not need to be preserved)
3
indicates repeal of an Act, statutory rule or
provision that is spent or no longer of practical
utility
4
indicates repeal of an Act or provision that is
uncommenced but is not to be commenced because it is no longer of practical
utility
5
indicates repeal of an uncommenced Act (or
provision) that cannot be commenced
6
indicates repeal of an Act (or part of an Act)
containing, among other things, uncommenced provisions that cannot be
commenced or are not to be commenced because they are 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 amendment or validation made by the
Act,
(d)
the operation of any savings or transitional
provision contained in the Act.
Schedule 4General savings, transitional
and other provisions
(Section 5)
1Effect of amendment of
amending provisions
(1)
An amendment made by Schedule 1 or 2 to an
amending provision contained in an Act is, if the amending provision has
commenced before the date of assent to this Act, taken to have effect as from
the commencement of the amending provision.
(2)
In this clause:
amending
provision means a provision of an Act that makes a direct
amendment to an Act by:
(a)
the repeal or omission of matter contained in the
amended Act without the insertion of any matter instead of the repealed or
omitted matter, or
(b)
the omission of matter contained in the amended
Act and the insertion of matter instead of the omitted matter,
or
(c)
the insertion into the amended Act of matter, not
being matter inserted instead of matter omitted from the
Act,
whether the provision was enacted before or after the
commencement of the Reprints Act
1972.
Explanatory
note
This clause ensures that certain amendments,
including amendments correcting errors in the technical provisions (for
example, headings indicating the section to be amended or directions as to
where a new section is to be inserted) and rectifying minor drafting errors
(for example, corrections in numbering of provisions, correction or insertion
of cross-references, omission of unnecessary matter or insertion of omitted
matter), will commence on the date the amendments to which they relate
commenced.
2Effect of amendment or repeal
on acts done or decisions made
Except where it is expressly provided to the
contrary, if this Act:
(a)
amends a provision of an Act or an instrument,
or
(b)
repeals and re-enacts (with or without
modification) a provision of an Act or an
instrument,
any act done or decision made under the provision
amended or repealed has effect after the amendment or repeal as if it had been
done or made under the provision as so amended or repealed.
Explanatory
note
This clause ensures that the amendment or repeal
of a provision will not, unless expressly provided, vitiate any act done or
decision made under the provision as in force before the amendment or
repeal.
3Application of Interpretation Act 1987 to amendments to
statutory rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
any amendments to statutory rules made by this Act.
Explanatory
note
This clause makes it clear that certain
provisions concerning the making, tabling and disallowance of statutory rules
do not apply to amendments to statutory rules made by the proposed
Act.
4Effect of amendment on
regulations
Except where expressly provided to the contrary,
any regulation made under an Act amended by this Act, that is in force
immediately before the commencement of the amendment, is taken to have been
made under the Act as amended.
Explanatory
note
This clause ensures that, unless expressly
provided, any 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.
5Effect of amendment on
environmental planning instruments
The amendment of an environmental planning
instrument by this Act does not prevent its later amendment or repeal by
another environmental planning instrument.
Explanatory
note
This clause ensures that the amendment of a local
environmental plan or other environmental planning instrument does not prevent
its amendment or repeal by an environmental planning
instrument.
6Regulations
(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) 2002 No 112. Second
reading speech made: Legislative Assembly, 12.11.2002; Legislative Council,
21.11.2002. Assented to 29.11.2002. Date of commencement, sec 4 (2) and Schs 1
and 2 excepted, assent, sec 2 (1); date of commencement of sec 4 (2),
28.4.2003, sec 2 (2) and GG No 74 of 17.4.2003, p 4487; date of commencement
of Schs 1 and 2 (except Schs 1.4, 2.1, 2.2, 2.5, 2.14 and 2.25), assent, sec 2
(3); date of commencement of Sch 1.4, 1.12.2002, Sch 1.4 and GG No 237 of
29.11.2002, p 10061; date of commencement of Schs 2.1, 2.2 and 2.14,
28.4.2003, Schs 2.1, 2.2 and 2.14 (respectively) and GG No 74 of 17.4.2003, p
4487; date of commencement of Sch 2.5, 1.7.2002, Sch 2.5; date of commencement
of Sch 2.25, 1.6.2004, Sch 2.25 and GG No 91 of 28.5.2004, p
3224.