2003
2003
2006-06-20
act
government
publicspecial
act.reprint
allinforce
2003-11-14
2003-11-14
0
2006-06-20
act-2006-058
2003
none
act-2003-082
0e28a370-2af6-4a38-9d17-1ce11cce97d8
d5abc5d7-d578-419e-a9ae-ee77c3f625c5
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The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2006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 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)
2003.
2Commencement
(1)
This Act commences on the date of assent, except
as provided by this section.
(2)
The amendments made by Schedules 1 and 2 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
The Acts and instruments specified in Schedules 1
and 2 are amended as set out in those Schedules.
4Repeals
Each Act specified in Schedule 3 is, to the
extent indicated in that Schedule, repealed.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)
1.1Ambulance Services Act 1990 No
16
[1]Schedule 1 Provisions relating
to the directors and procedure of the Ambulance Service
Board
Omit the heading to clause 6. Insert
instead:
6Vacancy in office of
director
[2]Schedule 1, clause 6 (a1) and
(a2)
Insert after clause 6 (a):
(a1)
completes a term of office and is not
re-appointed or re-elected, or
(a2)
resigns the office by instrument in writing
addressed to the Minister, or
[3]Schedule 1, clause 6
(d)
Omit the paragraph. Insert instead:
(d)
becomes a mentally incapacitated person,
or
Explanatory
note
Legislation dealing with boards and similar
bodies usually provides that a vacancy in the membership of the body occurs if
(among other things) a member resigns the office or completes a term of office
and is not re-appointed. (See, for example, Schedule 1 to the Nurses Act 1991, Schedule 5 to the
Health Services Act 1997 and Schedule 2
to the Psychologists Act
2001.)
The relevant provision (clause 6 of Schedule 1)
of the Ambulance Services Act
1990 (the
Act) does not deal with those contingencies, although it
does provide that certain other standard circumstances give rise to vacancies
in the office of director of the Ambulance Service Board (the Board)—for example, the
bankruptcy or death of a director.
Consequently, there is no mechanism in the Act to
permit a director who wishes to resign from the Board to do so.
Item [2] of the proposed amendments inserts in
the Act the standard provisions concerning completion of term of office as
director of the Board and resignation from the Board. Item [1] makes a
consequential amendment to the heading to clause 6.
Item [3] of the proposed amendments updates
outdated terminology.
1.2Animal
Research Act 1985 No 123
Section 3
Definitions
Omit “swine” from paragraph (a) of
the definition of exempt
animal in section 3 (1).
Insert instead
“pigs”.
Explanatory
note
The proposed amendment replaces a term with its
plain English equivalent. Similar amendments to certain other Acts are
proposed to be made elsewhere in this Schedule.
1.3Annual
Reports (Departments) Act 1985 No
156
Section 17 Land
register
Omit “Department of Conservation and Land
Management” wherever occurring.
Insert instead “Department of
Lands”.
Explanatory
note
Section 17 of the Annual Reports
(Departments) Act 1985 provides for the keeping of a
register of all land vested in or owned or occupied by, or subject to the
control of, Ministers and Government Departments. The section provides that
the register is to be kept by the “Director-General of the Department of
Conservation and Land Management” and is to contain various details in
relation to the land.
As the register is now kept by the
Director-General of the Department of Lands, the proposed amendment updates
the relevant references to the Department of Conservation and Land
Management.
1.4Annual
Reports (Statutory Bodies) Act 1984 No
87
Section 14 Land
register
Omit “Department of Conservation and Land
Management” wherever occurring.
Insert instead “Department of
Lands”.
Explanatory
note
Section 14 of the Annual Reports
(Statutory Bodies) Act 1984 provides for the keeping of a
register of all land owned or occupied by statutory bodies. The section
provides that the register is to be kept by the “Director-General of the
Department of Conservation and Land Management” and is to contain
various details in relation to the land.
As the register is now kept by the
Director-General of the Department of Lands, the proposed amendment updates
the relevant references to the Department of Conservation and Land
Management.
1.5Child
Protection (Prohibited Employment) Act 1998 No
147
Section 5 Prohibited
persons
Omit “section 9” from section 5 (2).
Insert instead “section 8A or 9”.
Explanatory
note
Section 5 (1) of the Child
Protection (Prohibited Employment) Act 1998 (the Act) defines prohibited person for the purposes
of the Act to include a person convicted of a serious
sex offence (as also defined in section 5). However, section
5 (2) provides that a person is not a prohibited person in respect of an
offence if “an order in force under section 9” declares that the
Act is not to apply to the person in respect of the offence.
Orders may be made under section 9 of the Act by
the Industrial Relations Commission and the Administrative Decisions Tribunal,
but only in the circumstances set out in that section.
The Child Protection
Legislation Amendment Act 2002 inserted section 8A in the
Act. That section permits the Commission for Children and Young People to make
an order of the same kind as an order under section 9, but only in the
circumstances set out in section 8A (which include the Commission’s
being satisfied that the person the subject of the proposed order does not
pose a risk to the safety of children) and only after having taken into
account the matters that must be taken into account under section
9.
However, the Child Protection
Legislation Amendment Act 2002 omitted to insert the
necessary cross-reference to the new section 8A in section 5 (2) of the
Act.
The proposed amendment repairs that
omission.
1.6Children and Young Persons (Care and Protection) Act
1998 No 157
[1]Section 27 Mandatory
reporting
Insert after section 27 (2):
(3)
A person to whom this section applies satisfies
his or her obligations under subsection (2) in relation to two or more
children that constitute a particular class of children if the person reports
that class of children to the Director-General together with:
(a)
a description that is sufficient to identify all
the children who constitute the class, and
(b)
the grounds for suspecting that the children of
that class are at risk of harm.
[2]Section 122 Mandatory
reporting of child who lives away from home without parental
permission
Omit “the person believes, on reasonable
grounds”.
Insert instead “the person has reasonable
grounds to suspect”.
[3]Section
122
Omit “immediately”. Insert instead
“, as soon as practicable,”.
[4]Section 135 What is
“out-of-home care”?
Insert after section 135 (2):
(2A)
However, a child or young person who is in
out-of-home care does not cease to be in that care merely because the child or
young person becomes subject to any care or control that is prescribed under
subsection (2).
[5]Section 135 (4)
(a)
Insert “, or subject to an order of the
Supreme Court in its parens patriae jurisdiction,” after “a ward
of the Supreme Court”.
[6]Section 226 Removal of child
from place of unlawful employment
Omit “Director-General” from section
226 (b).
Insert instead “Children’s
Guardian”.
[7]Schedule 2 Provisions relating
to employers’ authorities
Omit “Director-General” from clause 3
(1) wherever occurring.
Insert instead “Children’s
Guardian”.
Explanatory
note
Mandatory
reporting
Sections 27 and 122 of the Children and Young Persons (Care and Protection) Act
1998 (the
Act) both provide for mandatory reporting of children to the
Director-General of the Department of Community Services (DOCS) in certain
circumstances.
Section 27 places the obligation to report on
certain persons (such as teachers) who have “reasonable grounds to
suspect” that a child is at risk of harm (being grounds that arise
during the course of or from the person’s work). The report must be made
“as soon as practicable”.
Section 122 requires a report from a person who
provides residential accommodation for another person who “the person
believes, on reasonable grounds” to be a child who is living away from
home without parental permission. That report must be made
“immediately”.
Items [2] and [3] of the proposed amendments
amend section 122 so as to make it consistent with section 27.
Item [1] of the proposed amendments ensures that
a person who is obliged to report under section 27 is not obliged to name or
describe each individual child who forms part of a class of children that the
person considers to be at risk of harm, as long as the person’s report
enables each child in that class to be identified.
Out-of-home
care
Section 135 of the Act defines out-of-home care (essentially,
foster care) for the purposes of the Act. Among other things, the definition
provides that out-of-home care does not include any care or control of a child
or young person that is prescribed by the regulations not to be out-of-home
care. Currently, the regulations exclude from the definition such types of
care as (for example) those provided by boarding schools and holiday
camps.
Item [4] of the proposed amendments makes it
clear that a child or young person who is otherwise in out-of-home care does
not cease to be in that care merely because the child or young person becomes
subject to care or control of a kind that is excluded from the definition of
that term.
Section 135 (4) defines protected
person for the purposes of section 135. Item [5] of the
proposed amendments extends that definition to include a child or young person
who is subject to an order of the Supreme Court in its “parent of the
country” jurisdiction (and of whom the Minister administering the Act or
the Director-General of DOCS has the custody or care pursuant to an order of
that Court).
Children’s Employment
Unit
The Public Sector Employment and
Management (Children’s Employment Unit) Order 2003
removes the Children’s Employment Unit from DOCS and adds it to the
Office of the Children’s Guardian.
In consequence of that, items [6] and [7] of the
proposed amendments replace references to the Director-General of DOCS with
references to the Children’s Guardian in provisions of the Act that are
concerned with the employment of children.
1.7Children (Care and Protection—Child Employment)
Regulation 2001
[1]Clause 3
Definitions
Omit “Director-General” from
paragraph (c) of the definition of babycare
professional.
Insert instead “Children’s
Guardian”.
[2]Clause 9 (1) (d) and Schedule
1, clause 2 (1)
Omit “Director-General” wherever
occurring.
Insert instead “Children’s
Guardian”.
Explanatory
note
The proposed amendments are consequential on the
transfer of the Children’s Employment Unit from the Department of
Community Services to the Office of the Children’s Guardian effected by
the Public Sector Employment and Management (Children’s
Employment Unit) Order 2003.
1.8Commission for Children and Young People Act
1998 No 146
Section
15A
Insert after section 15:
15AUse of information for
purposes of report under section 24 of Children and
Young Persons (Care and Protection) Act
1998
Any information obtained by the Commission in the
course of exercising its functions (other than its functions under section 11
(k)) may be used for the purposes of making a report to the Director-General
of the Department of Community Services under section 24 (Report concerning
child or young person at risk of harm) of the Children and
Young Persons (Care and Protection) Act
1998.
Explanatory
note
Section 15 of the Commission for
Children and Young People Act 1998 (the Act) permits the Commission for
Children and Young People (the
Commission) constituted by the Act to refer certain
information obtained in the course of exercising its functions (other than a
function under section 11 (k) of the Act) to various investigative agencies,
including the Department of Community Services. The information concerned is
information that relates to a possible criminal offence, or to grounds for
possible disciplinary action, under any law. It may have been obtained, for
example, in the course of employment screening in respect of child-related
employment.
The proposed amendment extends this power so as
to permit the Commission to use any information obtained in the course
of exercising its functions (other than a function under section 11 (k) of the
Act) for the purposes of making a report to the Director-General of the
Department of Community Services under section 24 of the Children and Young Persons (Care and Protection) Act
1998.
Section 24 of the Children and
Young Persons (Care and Protection) Act 1998 provides as
follows:
“A person who has reasonable grounds to
suspect that a child or young person is, or that a class of children or young
persons are, at risk of harm may make a report to the Director-General [of the
Department of Community Services]”.
Section 23 of that Act specifies the
circumstances in which a child or young person is “at risk of
harm” for the purposes of the relevant provisions of that
Act.
The Commission’s functions under section 11
(k) of the Act (the functions of supporting and assisting the Child Death
Review Team in the exercise of its functions under Part 7A of the Act) are
excluded from both section 15 and proposed section 15A because Part 7A (Child
Death Review Team) contains provision for the release of information in
certain circumstances—see section 45U of the Act.
1.9Community Land Development Act 1989 No
201
Section 50 Notice of
resumption
Omit section 50 (1). Insert instead:
(1)
A notice of resumption must state whether or not
the land resumed is excluded from any related scheme.
(1A)
If action is taken in the Supreme Court to
restructure a related scheme as a consequence of a resumption (whether because
of a requirement of this Part or otherwise), the notice of resumption must
include the plaint number for the action.
Explanatory
note
At present, section 50 (1) of the Community Land Development Act 1989
(the
Act), which is in Part 6 (Resumptions) of that Act, requires
a notice of resumption of land to which Part 6 applies to include “the
plaint number for the action instituted in the Supreme Court to restructure
[any related community scheme, precinct scheme, neighbourhood scheme or strata
scheme] as a consequence of the resumption”.
However, not all resumptions dealt with in Part 6
require the taking of such action.
The proposed amendment repeals and re-enacts
section 50 (1) to reflect the fact that, in the case of some resumptions of
land to which Part 6 applies, there may not be any action taken in the Supreme
Court to restructure the relevant scheme.
1.10Co-operatives Act 1992 No
18
Section 229 Application of
Corporations Act provisions concerning officers of
co-operatives
Omit “as if the reference to 23 June 1993
were omitted” from section 229 (c).
Insert instead “as if the reference to 23
June 1993 were a reference to 15 December 1995”.
Explanatory
note
Section 229 of the Co-operatives Act 1992 (the Act) applies certain provisions
(including section 592) of the Corporations Act
2001 of the Commonwealth (the
Commonwealth Act) to co-operatives in New South Wales.
Originally, section 229 provided (among other things) that section 592 applied
in respect of debts incurred by an insolvent co-operative before 23 June 1993
(because the Commonwealth Act so provided and was not modified in that respect
by section 229).
Section 592 was amended and substantially
replaced by Part 5.7B of the Commonwealth Act. In consequence, the Co-operatives
Amendment Act 1995 inserted section 343B in the Act to
apply that new Part to co-operatives, and modified the reference in section
592 so as to apply that section in respect of debts incurred by an insolvent
co-operative in New South Wales before 15 December 1995 (the date of the
commencement of section 343B and, therefore, the application of Part
5.7B).
The Corporations
(Consequential Amendments) Act 2001 repealed and
re-enacted section 229 so as (among other things) to omit the reference in the
Commonwealth Act to 23 June 1993 without replacing it with another date. The
effect is that both section 592 and Part 5.7B of the Commonwealth Act apply in
respect of all debts incurred by insolvent co-operatives in New South
Wales.
The proposed amendment rectifies this situation
by reinstating the reference to 15 December 1995 in section 592 as applied to
co-operatives in New South Wales.
1.11Crimes
(Local Courts Appeal and Review) Act 2001 No
120
[1]Section 11 Appeals as of
right
Omit section 11 (1). Insert instead:
(1)
Any person who has been convicted or sentenced by
a Local Court may appeal to the District Court against the conviction or
sentence.
(1A)
Subsection (1) does not apply in respect of a
conviction if the person was convicted in the person’s absence or
following the person’s plea of guilty.
[2]Section 31 Appeals as of
right
Omit section 31 (1). Insert instead:
(1)
Any person who has been convicted or sentenced by
a Local Court with respect to an environmental offence may appeal to the Land
and Environment Court against the conviction or
sentence.
(1A)
Subsection (1) does not apply in respect of a
conviction if the person was convicted in the person’s absence or
following the person’s plea of guilty.
Explanatory
note
The Crimes (Local
Courts Appeal and Review) Act 2001 (the Act) was intended, among other
things, to “restate the law with respect to appeals......in relation to
criminal proceedings in Local Courts” (long title to the
Act).
In restating the provisions of sections 120 and
123 of the Justices Act 1902,
the Act inadvertently included a provision requiring a person who was
convicted in a Local Court in the person’s absence, or after a plea of
guilty, to obtain the leave of a higher Court (the District Court or the Land
and Environment Court, depending on the nature of the offence of which the
person was convicted) to appeal to the higher Court against the severity of
the sentence imposed. Such a restriction did not apply under the relevant
sections of the Justices Act
1902.
The proposed amendments reinstate, as from the
commencement of the Act, the right of the person to appeal without first
obtaining the leave of the higher Court.
1.12Fair
Trading Act 1987 No 68
[1]Section 40B Meaning of
“direct commerce contract”
Insert after section 40B (2):
(2A)
The regulations may also exempt any direct
commerce contract or class of direct commerce contracts from the operation of
particular provisions of this Division.
[2]Section 40F Consequences of
cancellation of direct commerce contract
Insert “and” at the end of section
40F (1) (a) (ii).
[3]Section 40J Other requirements
in relation to dealers
Omit section 40J (4) (b). Insert instead:
(b)
produce to the person a document setting
out:
(i)
the dealer’s full name,
and
(ii)
the supplier’s address (not being a post
office box address) and, if the dealer is not the supplier, the
supplier’s full name.
Explanatory
note
Direct
commerce
The Fair Trading
Amendment Act 2003 inserts, among other things, Division 3
of Part 4 (Direct commerce) in the Fair Trading Act
1987 (the
Act). Generally speaking, direct
commerce is the practice under which persons (dealers) make unsolicited calls
(either in person or by telephone) on other persons for the purpose of
entering into negotiations for the making of contracts (direct
commerce contracts) for the supply of goods or services to
those other persons. Division 3 of Part 4 of the Act consists of sections
40A–40K.
Meaning of “direct
commerce contract”
Section 40B defines direct
commerce contract for the purposes of Division 3 of Part 4
of the Act. Section 40B (2) provides that a direct commerce contract
“does not include any contract of a kind that is excluded from the
operation of this Division by the regulations”.
Item [1] of the proposed amendments inserts a new
subsection in section 40B of the Act so as to permit the regulations to
exclude any direct commerce contract (or class of direct commerce contracts)
from some only of the provisions of Division 3 of Part 4 while leaving
them subject to the operation of the remainder of those
provisions.
Identity cards of
dealers
Among other things, section 40J (4) of the Act
requires a dealer who calls in person on any person for the purpose of
negotiating a direct commerce contract to produce to the other person an
“identity card” setting out the dealer’s full name and
address and, if the dealer is not the supplier of the goods or services under
the proposed contract, the full name and address of the
supplier.
Item [3] of the proposed amendments alters this
requirement in two respects. Firstly, it omits the requirement for an identity
card, as dealers often write or rubber-stamp the requisite details on their
brochures. Secondly, as most dealers operate from their homes rather than from
a business address, the proposed amendment requires the dealer to disclose the
address of the supplier only. However, the dealer’s address must be
disclosed if the dealer is also the supplier.
Statute law
revision
Item [2] of the proposed amendments inserts
missing matter.
1.13First
State Superannuation Act 1992 No 100
Schedule 1
Employers
Omit “Resource
NSW”.
Explanatory
note
The proposed amendment is consequential on the
dissolution of the statutory body Resource NSW proposed to be effected by the
amendments to the Waste Avoidance and Resource Recovery
Act 2001 elsewhere in this Schedule.
1.14Fisheries Management Act 1994 No
38
Schedule 7 Savings,
transitional and other provisions
Omit “1 January 2004” from clause 19A
(4).
Insert instead “1 January
2005”.
Explanatory
note
Section 230 of the Fisheries Management Act 1994 (the Act) provides for the
establishment of Management Advisory Committees (MACs) for share management fisheries
and restricted fisheries (and any such proposed fishery).
Section 230 (2) (c) provides that the person
appointed as chairperson of such a Committee must be a person “who is
neither engaged in the administration of [the Act] nor engaged in commercial
fishing in the [relevant] fishery”.
Clause 19A of Schedule 7 (Savings, transitional
and other provisions) to the Act was inserted as a savings and transitional
provision in relation to MACs in consequence of amendments made by the Fisheries Management and Environmental Assessment
Legislation Amendment Act 2000. Among other things, clause
19A provides that, despite section 230 (2), the chairperson of the MAC for the
lobster fishery may, until 1 January 2004, be engaged in commercial fishing in
that fishery.
The proposed amendment extends the operation of
that exemption for a period of 12 months.
1.15Impounding Act 1993 No
31
[1]Dictionary
Omit “in the case of an impounding officer
appointed by the Water Board, any special area (as defined in the Water Board
Act 1987)” from the definition of area of
operations.
Insert instead “in the case of an
impounding officer appointed by the Sydney Catchment Authority, any special
area or controlled area (as defined in the Sydney Water
Catchment Management Act
1998)”.
[2]Dictionary, definition of
“impounding authority”
Omit “the Water
Board”.
Insert instead “the Sydney Catchment
Authority”.
Explanatory
note
An authority defined as an impounding authority for the
purposes of the Impounding Act
1993 may appoint impounding officers to exercise
certain functions under that Act in the impounding officers’ areas of
operations.
At present, area of
operations is defined to include (among other things)
“in the case of an impounding officer appointed by the Water Board, any
special area (as defined in the Water Board Act
1987)”.
Effectively, the Sydney Catchment Authority
constituted under the Sydney Water Catchment Management Act
1998 has replaced the now-dissolved Water Board in
relation to those special areas (which are taken to be declared under the
latter Act—see clause 5 (1) of Schedule 6 to that Act).
Accordingly, the proposed amendments replace
references to the Water Board in the definitions of area of
operations and impounding authority in the Impounding Act 1993 with references to
the Sydney Catchment Authority. They also extend the area of operations of
that Authority for the purposes of that Act so as to include controlled areas
(within the meaning of the Sydney Water
Catchment Management Act 1998).
1.16Local
Courts Act 1982 No 164
[1]Section 4
Definitions
Insert after section 4 (3):
(4)
Notes included in this Act do not form part of
this Act.
[2]Section 24
Remuneration
Omit section 24 (1) (b).
Explanatory
note
Statute law
revision
Item [1] of the proposed amendments makes it
clear that notes in the Local Courts Act
1982 (the
Act) do not form part of that Act.
Remuneration and allowances of
Magistrates
At present, section 24 (1) of the Act provides
that a Magistrate (other than a Magistrate with limited tenure, who is dealt
with by section 24 (2)) is entitled to be paid:
(a)
remuneration in accordance with the Statutory and Other Offices Remuneration Act
1975 (the SOOR
Act), and
(b)
such travelling and subsistence allowances as the
Minister may from time to time determine in respect of the
Magistrate.
Until recently, travelling and subsistence
allowances were specifically excluded from the definition of allowance in section 10A of the SOOR
Act (which is in the part of that Act that is relevant to the remuneration of
Magistrates, among other office holders). However, section 10A has been
amended so as to be inclusive of travelling and subsistence allowances for
travel within Australia by the holder of an office specified in Schedule 1 to
the SOOR Act (which includes Magistrates, other than Magistrates with limited
tenure) who is:
(a)
a Judge or Acting Judge of a court,
or
(b)
any other judicial officer (within the meaning of
the Judicial Officers Act 1986) nominated by
the Minister by notice in writing to the Statutory and Other Offices
Remuneration Tribunal (the
Tribunal) for the purposes of the
definition.
Magistrates have been formally nominated to the
Tribunal under section 10A (and the Tribunal has made a determination in
respect of the allowances payable to those judicial officers).
In consequence of that nomination, item [2] of
the proposed amendments repeals the now-redundant section 24 (1) (b) of the
Local Courts Act
1982.
1.17Local
Government Act 1993 No 30
[1]Section 358 Restrictions on
formation of corporations
Insert “and subject to such conditions, if
any, as the Minister may specify” after “with the consent of the
Minister” in section 358 (1) (a).
[2]Section 440 Code of
conduct
Omit “prepare or adopt a code of
conduct” from section 440 (1).
Insert instead “adopt a code of conduct
(whether prepared by the council or by another
person)”.
Explanatory
note
Restrictions on formation of
corporations
Section 358 (1) of the Local
Government Act 1993 (the
Act) provides that a council must not form or participate in
the formation of a corporation, or acquire a controlling interest in a
corporation, except with the consent of the Minister or as otherwise provided
by the Act.
Item [1] of the proposed amendments makes it
explicit that any consent of the Minister under section 358 (1) may be given
subject to conditions.
Code of
conduct
At present, section 440 (1) of the Act requires
every council to “prepare or adopt a code of conduct to be observed by
councillors, members of staff of the council and delegates of the
council”. The subsection is couched in these terms to give councils the
option of preparing their own codes of conduct or adopting a code prepared by
another person (such as the Minister, under section 440 (2), or another
council). However, some councils are unclear as to whether they are required
to “adopt” such a code formally.
As it is intended to resolve that confusion by
requiring councils to adopt a code of conduct formally, item [2] of the
proposed amendments recasts part of section 440 (1) so as to impose that
obligation.
1.18Marine Pilotage Licensing
Regulations
[1]Regulation 25 Physical fitness
of pilots
Omit “a Government Medical Officer”
wherever occurring in Regulation 25 (2) (a) and (3) (a).
Insert instead
“HealthQuest”.
[2]Regulation 25
(9)
Insert after Regulation 25 (8):
(9)
In this Regulation, HealthQuest means the statutory
health corporation of that name constituted by the Health
Services Act 1997.
Explanatory
note
The functions of a Government Medical Officer
under various Acts and Regulations are to be exercised by the statutory health
corporation “HealthQuest”.
The proposed amendments replace references to
“Government Medical Officer” with direct references to
HealthQuest.
Similar amendments are proposed to be made
elsewhere in this Schedule to the other Acts and Regulations
concerned.
1.19Motor
Dealers Act 1974 No 52
Section 20F Reviews by
Administrative Decisions Tribunal
Omit “section 13” from section 20F
(1) (b). Insert instead “section 14”.
Explanatory
note
The proposed amendment corrects an incorrect
cross-reference.
1.20National Environment Protection Council (New South Wales)
Act 1995 No 4
[1]Section 6
Definitions
Insert in alphabetical order in section 6
(1):
Ministerial Council means a council,
comprising one or more Ministers of the Commonwealth and Ministers of one or
more of the States or Territories, that includes environmental protection in
its functions.
minor
variation, in relation to a national environment protection
measure, means a decision made under section 22A (1) to vary a national
environment protection measure.
[2]Section 13 Powers of the
Council
Insert at the end of section 13 (g):
, and
(h)
direct the Service Corporation to provide
assistance and support to other Ministerial
Councils.
[3]Section 20 Variation or
revocation of measures
Insert after section 20 (4):
(5)
Subsections (2)–(4) do not apply to a minor
variation of a national environment protection measure under Division
2A.
[4]Part 3, Division
2A
Insert after section 22:
Division 2AMinor variation of national
environment protection measures
22AMinor variation of
measures
(1)
The Council may vary any national environment
protection measure if:
(a)
the variation is supported by a unanimous
resolution of all of the members, and
(b)
the resolution states that the variation does not
involve a significant change in the effect of the national environment
protection measure.
A variation under this section is a minor
variation.
(2)
If the Council decides that a variation does not
involve a significant change in the effect of the national environment
protection measure, the Council must prepare:
(a)
a draft of the proposed variation,
and
(b)
a statement relating to the variation that
explains:
(i)
the reasons for the proposed variation,
and
(ii)
the nature and effect of the proposed variation,
and
(iii)
the reasons why the Council is satisfied that the
variation is a minor variation.
22BPublic consultation for minor
variation
(1)
Before making a minor variation to a national
environment protection measure, the Council must publish a notice:
(a)
stating how the draft of the proposed variation
and the explanatory statement may be obtained, and
(b)
inviting submissions to the Council on the
proposed variation, or on the explanatory statement, within a specified
period.
(2)
A notice must:
(a)
be published in the Commonwealth of Australia
Gazette, and
(b)
in each participating State or Territory
concerned—also be published, on at least 1 day during the month when the
Commonwealth of Australia Gazette notice is published, in a newspaper
circulating in that State or Territory.
(3)
The period specified in each notice under
subsection (1) must end not less than 1 month after the day on which
subsection (2) (b) has been fully complied with in all participating
jurisdictions.
22CCouncil to have regard to
submissions etc
In making a minor variation to a national
environment protection measure, the Council must have regard to:
(a)
any submissions it receives that relate to the
proposed variation or the explanatory statement, and
(b)
whether the measure is consistent with section 3
of the Agreement, and
(c)
relevant international agreements to which
Australia is a party, and
(d)
any regional environmental differences in
Australia.
[5]Section 36 Functions of the
Service Corporation
Insert after section 36 (a):
(a1)
to provide assistance and support to other
Ministerial Councils as directed by the Council,
and
[6]Section 36
(b)
Insert “or (a1)” after
“paragraph (a)”.
[7]Section 64 Review of operation
of Act
Insert “Initial review after fifth
anniversary of commencement of Act” as the heading to section 64
(1).
[8]Section 64 (3) and
(4)
Insert after section 64 (2):
(3)Subsequent 5 yearly
reviews
As soon as possible after the end of every 5 year
period following the review under subsection (1), the Council must cause a
further review of the kind set out in subsection (1) to be
undertaken.
(4)
The report of each further review is to be tabled
in each House of the Parliament of New South Wales within 12 months after the
end of the period to which it relates.
Explanatory
note
Acts in each Australian jurisdiction mirror the
National Environment Protection Council Act
1994 of the Commonwealth (the
Commonwealth Act). The Acts make joint legislative provision
for the establishment of a body (the National Environment Protection Council
(NEPC)) to determine national
environment protection measures. In New South Wales, the relevant Act is the
National Environment Protection Council (New South Wales)
Act 1995 (the State
Act).
In consequence of a statutory review of the
Commonwealth Act, the Commonwealth enacted the National Environment Protection
Council Amendment Act 2002 (the 2002
Act). The proposed amendments to the State Act amend that
Act so as to reflect the amendments made to the Commonwealth Act by the 2002
Act.
The proposed amendments:
(a)
enable the NEPC to direct the NEPC Service
Corporation (effectively, the NEPC’s secretariat) to provide support and
assistance to other environment-related ministerial councils,
and
(b)
provide a simplified process for making minor
variations to national environment protection measures,
and
(c)
require five-yearly reviews of the State
Act.
1.21Nurses
and Midwives Act 1991 No 9
[1]Section 19 Qualifications for
registration as a midwife
Insert “, and authorised to practise
midwifery,” after “registered as a nurse” in section 19 (1)
(d).
[2]Section 19 (1)
(d)
Insert “and authorisation” after
“registration” wherever occurring.
[3]Section 28 Qualifications for
enrolment—List “B” of the Roll
Insert “in List “B” of the
Roll” after “enrolled as a nurse” in section 28
(e).
Explanatory
note
The Nurses and
Midwives Act 1991 (the Act) provides for a Register of
Nurses and a Roll of Nurses. The Roll is divided into List “A”
(containing particulars of enrolled nurses) and List “B”
(containing particulars of enrolled nurses (mothercraft)).
The Nurses Amendment
Act 2003 (the
amending Act) made substantial changes to the Act (including
changing the name of the Act from the Nurses Act
1991).
Previously, any person who was registered (or
entitled to be registered) under the Act could apply for authorisation
to practise midwifery. Among other things, the amending Act abolished
authorisation to practise midwifery and provided, instead, for
registration as a midwife. It also created a Register of
Midwives.
Certain amendments made by the amending Act have
the unintended consequences of allowing any person previously registered under
the Act or the repealed Nurses Registration Act 1953 to obtain
registration as a midwife, and any person previously enrolled under either of
those Acts to obtain enrolment as an enrolled nurse
(mothercraft).
The proposed amendments rectify that situation
by:
(a)
limiting the previously-registered persons who
will automatically qualify for registration as a midwife to such of those
previously-registered persons as were also authorised under the Act to
practise midwifery (items [1] and [2] of the proposed amendments),
and
(b)
limiting the previously-enrolled persons who will
automatically qualify for enrolment as an enrolled nurse (mothercraft) to such
of those previously-enrolled persons as were enrolled in List “B”
of the Roll (item [3] of the proposed amendments).
1.22Parliamentary Electorates and Elections Act 1912
No 41
Section 81A Death of
candidate
Insert “6 pm on” before
“polling day”.
Explanatory
note
At present, section 81A of the Parliamentary Electorates and Elections Act
1912 (the
Act) provides that the death of a candidate for election to
the Legislative Assembly after the declaration of nominations for a district
and before polling day causes the election for the district concerned to fail.
In that case, a new writ for an election for that district must
issue.
Other provisions of the Act deal with the death
of an elected candidate.
However, the Act is silent as to the position if
a candidate dies on polling day.
The proposed amendment amends section 81A so as
to provide that the election for the district concerned also fails if a
candidate dies before 6 pm on polling day.
1.23Pawnbrokers and Second-hand Dealers Act 1996 No
13
[1]Section 20 Inspection of
goods
Insert after section 20 (2):
(2A)
For the purpose of inspecting goods kept at any
premises referred to in subsection (1) or (2), an authorised officer may open
any unlocked cupboard, drawer, container or other form of storage found at the
premises, and may require a person apparently in charge of the premises to
open any form of storage (including a safe) that is
locked.
[2]Section 32F Notice of
entitlement to goods
Omit “to an authorised officer” from
section 32F (4) (a).
Insert instead “to a police
officer”.
Explanatory
note
Inspection of
goods
Section 20 (1) of the Pawnbrokers and Second-hand Dealers Act
1996 (the
Act) permits an authorised officer (defined in
section 3 of the Act) to enter, at any reasonable time, any premises where a
licensed
business (that is, a business authorised by a licence under
the Act—a business of a licensed pawnbroker or licensed second-hand
dealer) is conducted, and inspect goods kept at the premises.
Section 20 (2) is a similar provision, empowering
an authorised officer to enter storage premises used in connection with a
licensed business and inspect any goods there. For the latter purpose, an
authorised inspector may require a person apparently in charge of the storage
premises to open them.
Section 20 does not expressly permit an
authorised officer to open any form of storage in which goods on the premises
concerned may be held. Item [1] of the proposed amendments inserts a new
subsection in section 20 to make it clear that the power to inspect goods
conferred by the section extends to a power to open (and require the opening
of) any storage container in which the goods might be
held.
Delivery of certain goods held
by licensed pawnbroker or second-hand dealer
The Pawnbrokers and
Second-hand Dealers Amendment Act 2002 (the
amending Act) inserts (among other things) Part 4A (Disputes
as to ownership of goods and restoration of goods) in the Act. Part 4A
consists of sections 32E–32M.
Section 32F establishes a process in relation to
certain goods in the possession of a licensed pawnbroker or second-hand dealer
(a
licensee). A person (a
claimant) may allege that the goods are the property of the
claimant and have been unlawfully obtained from the claimant (or pawned or
sold to the licensee without the claimant’s authority). Such an
allegation may give rise to a restoration notice, which requires
the licensee to deliver the goods to the claimant within a required period
(unless certain proceedings are commenced within that period). If the licensee
cannot locate the claimant, or is prevented for some other reason from
delivering the goods to the claimant, the licensee must, instead, deliver them
within the required period to “an authorised
officer”.
Section 3 of the Act defines authorised officer as:
(a)
a police officer, or
(b)
the Director-General of the Department of Fair
Trading [now the Commissioner for Fair Trading], or
(c)
an investigator appointed under section 18 of the
Fair Trading Act 1987,
or
(d)
a person authorised in writing by the
Director-General of the Department of Fair Trading.
Item [2] of the proposed amendments amends
section 32F so as to require a licensee to deliver goods under a restoration
notice to a police officer (rather than to any authorised officer) if
the licensee is unable to deliver the goods to the
claimant.
1.24Police
Act 1990 No 47
[1]Section 216AA Special risk
benefit where student of policing hurt while undergoing police
education
Omit “the Government Medical Officer”
from section 216AA (1) (b).
Insert instead
“HealthQuest”.
[2]Section 216AA
(6)
Omit the definition of Government Medical
Officer.
Insert in alphabetical order:
HealthQuest means the statutory
health corporation of that name constituted by the Health
Services Act 1997.
Explanatory
note
The functions of a Government Medical Officer
under various Acts and Regulations are to be exercised by the statutory health
corporation “HealthQuest”.
The proposed amendments replace references to
“Government Medical Officer” with direct references to
HealthQuest.
Similar amendments are proposed to be made
elsewhere in this Schedule to the other Acts and Regulations
concerned.
1.25Property, Stock and Business Agents Act 2002 No
66
[1]Section 11 Registered
salespersons and managers required to be employed and supervised by
licensee
Insert after section 11 (2) (before the penalty
provision):
(3)
The holder of a certificate of registration must
not act as an auctioneer.
(4)
Despite subsection (3), the holder of a
certificate of registration as a stock and station salesperson may auction
livestock if the holder conducts the auction as an employee, and under the
immediate and direct supervision, of the holder of the appropriate licence (as
referred to in subsections (1) and (2)).
[2]Section 55 No entitlement to
commission or expenses without agency agreement
Omit section 55 (1) (a). Insert instead:
(a)
the services were performed pursuant to an
agreement in writing (an agency
agreement) signed by or on behalf of:
(i)
the person, and
(ii)
the licensee, and
[3]Section 55 (1)
(c)
Insert “or on behalf of” after
“signed by” where firstly occurring.
Explanatory
note
Persons who may conduct
auctions
Among other things, the Property, Stock and Business Agents Act
2002 (the
Act) permits certain defined salespersons (for example,
real
estate salespersons) who hold certificates of registration
under the Act to exercise the functions of the relevant defined agents
(real
estate agents in the example given above) in certain
circumstances. The salesperson may exercise the functions only as an employee,
and under the supervision, of an agent:
(a)
who is licensed under the Act to exercise the
functions without contravening the Act, and
(b)
who is the licensee in charge of the place of
business at which the employee is employed.
The Act defines real
estate agent and stock and
station agent as persons who, among other things, carry on
business as an auctioneer (of land other than rural land (usually) in the case
of the former, and of rural land and livestock, in the case of the latter).
Section 21 of the Act provides that it is a condition of every real estate
agent’s licence, and every stock and station agent’s licence, that
the licensee must not act as an auctioneer unless the licensee is accredited
as an auctioneer under that section.
Item [1] of the proposed amendments makes it
clear that a salesperson’s authority to exercise the functions of the
relevant agent in accordance with the Act does not extend to acting as an
auctioneer. However, the proposed amendment permits stock and station
salespersons to conduct auctions of livestock under the immediate and direct
supervision of a licensed stock and station agent who is accredited under the
Act as an auctioneer.
Agency
agreements
Item [2] of the proposed amendments makes it
clear that an agency agreement (as defined in the Act) need not be signed by
the relevant agent personally but may be signed by someone else on the
agent’s behalf (just as the other party to the agreement is not required
to sign personally). The proposed amendment is to the same effect as the
relevant part of section 42AA of the repealed Property, Stock
and Business Agents Act 1941.
Item [3] of the proposed amendments makes a
consequential amendment.
1.26Property, Stock and Business Agents Regulation
2003
[1]Clause 18 Conditions of sale
by auction
Insert “(or under whose immediate and
direct supervision the auction was conducted)” after “who
conducted the auction” in clause 18 (3).
[2]Clause 19 Notification of
auction conditions
Insert “, or a stock and station
salesperson conducts an auction sale of livestock comprising more than one
lot,” after “comprising more than one lot” in clause 19
(2).
[3]Clause 19
(2)
Insert “or salesperson concerned”
after “the agent”.
[4]Clause 33 Signing of cheques
or effecting electronic funds transfers—trust
account
Omit “effect” from clause 33 (8).
Insert instead “effects”.
[5]Schedule 6, clause 6 (1) (d)
and Schedule 14, clause 1 (d)
Omit “tradespersons do” wherever
occurring.
Insert instead “tradespersons to
do”.
Explanatory
note
Items [1]–[3] of the proposed amendments
are consequential on the amendment proposed to be made to the Property, Stock and Business Agents Act
2002 elsewhere in this Schedule in relation to the
auctioning of livestock by stock and station salespersons.
Item [4] of the proposed amendments corrects a
typographical error.
Item [5] of the proposed amendments inserts
missing words.
1.27Protection of the Environment Administration Act
1991 No 60
Section 16 Functions of
Board
Omit section 16 (b).
Explanatory
note
The Public Sector Employment and
Management (Environment and Conservation) Order 2003
(the
Order) abolished, as Departments of the Public Service, the
bodies known as the Environment Protection Authority (EPA), the National Parks and
Wildlife Service, Resource NSW and the Royal Botanic Gardens and Domain Trust.
The Order created the Department of Environment and Conservation (the new
Department) and transferred all the staff of the abolished
Departments to that Department.
In view of the integration of the EPA with the
new Department, it is no longer appropriate for the Board of the EPA to
exercise the function currently set out in section 16 (b) of the Protection of the Environment Administration Act
1991 (“to oversee the effective, efficient and
economical management of the [EPA]”). Accordingly, the proposed
amendment repeals section 16 (b).
Other amendments consequential on the creation of
the new Department and the transfer of staff are proposed to be made elsewhere
in this Schedule.
1.28Public
Finance and Audit Act 1983 No 152
Schedule 2 Statutory
bodies
Omit “Resource
NSW”.
Explanatory
note
The proposed amendment is consequential on the
dissolution of the statutory body Resource NSW proposed to be effected by the
amendments to the Waste Avoidance and Resource Recovery
Act 2001 elsewhere in this Schedule.
1.29Public Sector Employment and Management (General) Regulation
1996
[1]Clause 3
Definitions
Omit the definition of Government Medical Officer from
clause 3 (1).
Insert in alphabetical order:
HealthQuest means the statutory
health corporation of that name constituted by the Health
Services Act 1997.
[2]Clauses 17, 86 and
87
Omit “the Government Medical Officer”
wherever occurring.
Insert instead
“HealthQuest”.
Explanatory
note
The functions of a Government Medical Officer
under various Acts and Regulations are to be exercised by the statutory health
corporation “HealthQuest”.
The proposed amendments replace references to
“Government Medical Officer” with direct references to
HealthQuest.
Similar amendments are proposed to be made
elsewhere in this Schedule to the other Acts and Regulations
concerned.
1.30Public
Trustee Act 1913 No 19
[1]Section 4A
Definitions
Insert in alphabetical order:
Member of
staff means any person employed under Chapter 2 of the
Public Sector Employment and Management Act
2002 to assist the Public Trustee in the exercise of his
or her functions under this Act, and includes a person appointed as a deputy
Public Trustee as referred to in section 6.
[2]Section 5 Office of Public
Trustee
Omit section 5 (1). Insert instead:
(1)
The Governor is to appoint a person to hold
office as the Public Trustee.
[3]Section 5 (2) and
(3)
Omit “officer” wherever occurring.
Insert instead “person”.
[4]Section 5
(6)
Insert after section 5 (5):
(6)
The replacement of subsection (1) by the Statute Law (Miscellaneous Provisions) Act (No 2)
2003 does not affect the appointment of a person as the
Public Trustee if the appointment was in force immediately before the
replacement of that subsection.
[5]Section 6 Deputy Public
Trustees
Omit section 6 (4) (a). Insert instead:
(a)
any act, dealing or transaction by or with the
Public Trustee or any deputy Public Trustee, or any other member of staff, or
any agent of the Public Trustee, is or is not authorised,
or
[6]Section 10 Appointment of
agents
Omit “officer or employee on the staff of
the Public Trustee”.
Insert instead “member of
staff”.
[7]Section 34A Small
estates
Omit “of the Public Trustee’s
deputies, officers, servants or agents” from section 34A
(3).
Insert instead “member of staff nor any
agent of the Public Trustee”.
[8]Section 37 Liability of
Consolidated Fund
Omit “of the Public Trustee’s
officers” wherever occurring.
Insert instead “member of
staff”.
[9]Section 38 Moneys in Public
Trustee’s account to be Crown property
Omit “the deputy Public Trustee, or any
officer, servant, or”.
Insert instead “a member of staff or any
other”.
[10]Section 42 Payments to Public
Trustee’s account
Omit “officer, servant,” wherever
occurring in section 42 (2).
Insert instead “member of
staff”.
[11]Section 44 Certain acts of
Public Trustee taken to be bona fide
Omit “, the Public Trustee’s
deputies, officers, servants, or agents”.
Insert instead “, a member of staff or an
agent of the Public Trustee”.
[12]Section
44
Omit “or the Public Trustee’s
deputies, officers, servants, or agents respectively”.
Insert instead “, the member of staff or
the agent, respectively”.
[13]Section 45 Protection from
personal liability for certain acts
Omit “Neither the Public Trustee nor any of
the Public Trustee’s deputies, officers, servants, or agents shall
be”.
Insert instead “The Public Trustee, or any
member of staff or any agent of the Public Trustee, is
not”.
[14]Section 46 Protection from
personal liability in respect of certain goods
Omit “Neither the Public Trustee nor any of
the Public Trustee’s deputies, officers, servants, or agents shall
be”.
Insert instead “The Public Trustee, or any
member of staff or any agent of the Public Trustee, is
not”.
[15]Section
46
Omit “or any such deputy, officer, servant
or agent”.
Insert instead “or by the member of staff
or the agent”.
[16]Section
46
Omit “or the Public Trustee’s deputy,
officer, servant, or agent”.
Insert instead “or member of staff or
agent”.
[17]Section 47 Proceeds of sale of
goods of third person
Omit “or the Public Trustee’s
deputies, officers, servants, or agents”.
Insert instead “, or by a member of staff
or an agent of the Public Trustee,”.
[18]Section
47
Omit “or any such deputy, officer, servant,
or agent”.
Insert instead “or member of staff or
agent”.
[19]Section 48 Remedy against
Public Trustee
Omit “the deputy Public Trustee, or any
officer, servant, or”.
Insert instead “a member of staff or any
other”.
[20]Section 51 Service of orders
on Public Trustee
Omit “or into the public trust
office” from section 51 (a).
[21]Section 59
Regulations
Omit “public trust office” from
section 59 (1) (a).
Insert instead “Public
Trustee”.
[22]Section 59 (1)
(b)
Omit “the officers, servants, and persons
employed therein”.
Insert instead “members of
staff”.
[23]Section 59 (1)
(c)
Omit “therein”. Insert instead
“with the Public Trustee”.
[24]Section 59 (1)
(i)
Omit “Public Trust office”. Insert
instead “Public Trustee”.
Explanatory
note
The proposed amendments are consequential on
recent administrative changes made under Chapter 4 of the Public
Sector Employment and Management Act 2002 in relation to
the Public Trust Office. Those changes abolished the Public Trust Office as a
separate Department and transferred the public service staff to the Attorney
General’s Department.
Consequential amendments are also made to the
Public Trustee Regulation
2001 elsewhere in this Schedule.
1.31Public Trustee Regulation
2001
[1]Clause 7 Attendance
fees
Omit “Public Trust Office” from
clause 7 (c).
Insert instead “offices used by members of
staff”.
[2]Clause 24 Search of
records
Omit “in the Public Trust Office”
from clause 24 (1).
Insert instead “held by the Public
Trustee”.
[3]Clause
32
Omit the clause. Insert instead:
32Duties and obligations of
members of staff
Each member of staff:
(a)
is to perform such duties as are allotted to the
member from time to time by the Public Trustee, and
(b)
is required to bind himself or herself by written
promise of secrecy in relation to the affairs of any estate administered by
the Public Trustee.
[4]Clause 35 Prescribed
signatories
Omit “persons holding or acting in the
office of Branch Manager in the Public Trust Office are prescribed
persons” from clause 35 (1).
Insert instead “any member of staff holding
or acting in the position of Branch Manager is a prescribed
person”.
[5]Clause 35
(2)
Omit “persons holding or acting in the
following offices in the Public Trust Office are prescribed
persons”.
Insert instead “any member of staff holding
or acting in any of the following positions is a prescribed
person”.
Explanatory
note
The proposed amendments are consequential on
recent administrative changes made under Chapter 4 of the Public
Sector Employment and Management Act 2002 in relation to
the Public Trust Office. Those changes abolished the Public Trust Office as a
separate Department and transferred the public service staff to the Attorney
General’s Department.
Consequential amendments are also made to the
Public Trustee Act 1913 elsewhere in
this Schedule.
1.32Road
Transport (General) Act 1999 No 18
[1]Schedule 1 Impounded and
forfeited vehicles
Omit clause 5 (2). Insert instead:
(2)
The Commissioner may release the vehicle to the
applicant if:
(a)
the period for which the vehicle would be liable
to be impounded under section 40 as a result of a conviction for the offence
that gave rise to its impounding has expired and the prescribed fees for
storage of the vehicle by the Commissioner have (except to the extent that the
Commissioner has waived payment of those fees) been paid,
or
(b)
although that period has not expired, the
Commissioner is satisfied, on such evidence as the Commissioner may reasonably
require, that:
(i)
the offence concerned was not committed with the
consent of the applicant, and
(ii)
the applicant did not know, and could not
reasonably be expected to have known, that the vehicle would be used for the
commission of the offence,
and if the Commissioner is satisfied, on such evidence
as the Commissioner may reasonably require, that the applicant is lawfully
entitled to possession of the vehicle.
[2]Schedule 2 Savings,
transitional and other provisions
Omit “of the Authority” from clause
24 (1) (a) and (4) (a) wherever occurring.
[3]Schedule 2, clause 24 (2) (c)
(i)
Omit “of the Authority under this Act or
the regulations”.
Insert instead “under the road transport
legislation”.
Explanatory
note
Ranging of
matter
Item [1] of the proposed amendments repeals and
re-enacts clause 5 (2) of Schedule 1 to the Road Transport
(General) Act 1999 (the
Act) so as to correct the incorrect placement of certain
matter in that subclause.
The matter following clause 5 (2) (b) (ii) of
Schedule 1 to the Act is currently located in a position
(“ranged”) that has the effect of applying that paragraph to
paragraph (b) only of clause 5 (2). It should apply to both paragraphs (a) and
(b). The proposed amendment ensures that it does.
Provision for certain appeals
to Local Court
Section 48 of the Act provides for applications
to the Administrative Decisions Tribunal (the
ADT) for reviews of certain decisions made under the
road
transport legislation (as defined in the Act). The decisions
include certain decisions of police officers and others.
Clause 24 of Schedule 2 to the Act deals with
interim appeals rights to the Local Court pending the exercise of jurisdiction
by the ADT. The clause permits the making of regulations for or with respect
to appeals against decisions of the Roads and Traffic Authority (the
Authority) under the road transport legislation (instead of
reviews by the ADT). In particular, clause 24 (2) (c) (i) enables the
regulations to confer jurisdiction on a Local Court to hear and determine
appeals against “specified decisions, or classes of decisions, of the
Authority under this Act or the regulations”.
For consistency with section 48 of the Act, items
[2] and [3] of the proposed amendments amend clause 24 by:
(a)
removing the references to decisions of the
Authority (so as to extend the provision to all decisions under the road
transport legislation that may be reviewed by the ADT),
and
(b)
replacing the reference to “this Act or the
regulations” in clause 24 (2) (c) (i) with a reference to the road
transport legislation.
1.33Royal
Botanic Gardens and Domain Trust Act 1980 No
19
[1]Section 4
Definitions
Omit the definition of Director from section 4
(1).
[2]Section 4
(1)
Insert in alphabetical order:
Executive
Director means the person employed as Executive Director of
the Royal Botanic Gardens and Domain pursuant to section 12 (1) or a person
acting as Executive Director of the Royal Botanic Gardens and
Domain.
[3]Section 12 Officers and
employees
Omit “a Director” from section 12 (1)
(a).
Insert instead “an Executive
Director”.
[4]Section 13 Executive
Director
Insert “Executive” before
“Director” wherever occurring.
[5]Section 13
(2)
Insert “Executive” before
“Director’s”.
[6]Schedule 1 Provisions relating
to trustees and procedure of the Trust
Insert “Executive” before
“Director” wherever occurring in clause 11 (including where
occurring in the heading to the clause).
[7]Schedule 3 Transitional and
other provisions
Insert after clause 13:
14References to
Director
On and from the commencement of Schedule 1.33 to
the Statute Law (Miscellaneous Provisions) Act (No 2)
2003, a reference in any document (other than this Act) to
the Director of the Royal Botanic Gardens and Domain is taken to be a
reference to the Executive Director.
Explanatory
note
The Public Sector Employment and
Management (Environment and Conservation) Order 2003
(the
Order) abolished, as Departments of the Public Service, the
bodies known as the Environment Protection Authority (EPA), the National Parks and
Wildlife Service, Resource NSW and the Royal Botanic Gardens and Domain Trust.
The Order created the Department of Environment and Conservation (the new
Department) and transferred all the staff of the abolished
Departments to that Department.
The Director of the Royal Botanic Gardens and
Domain (the
Director) had adopted the title “Director and Chief
Executive” to distinguish the Director’s position from those of
the Directors of the various branches of the Royal Botanic Gardens and Domain.
As the Director now reports to the Director-General of the new Department, the
proposed amendments alter the title of the Director’s position to
“Executive Director”.
Other amendments consequential on the creation of
the new Department and the transfer of staff are proposed to be made elsewhere
in this Schedule.
1.34Royal Botanic Gardens and Domain Trust Regulation
2002
Clauses 3 (definition of
“ranger”), 22 and 23
Insert “Executive” before
“Director” wherever occurring.
Explanatory
note
The proposed amendment is consequential on the
amendments to section 4 of the Royal Botanic
Gardens and Domain Trust Act 1980 proposed to be made
elsewhere in this Schedule.
1.35State
Authorities Non-contributory Superannuation Act 1987 No
212
Schedule 1
Employers
Omit “Resource NSW” from Part
1.
Explanatory
note
The proposed amendment is consequential on the
dissolution of the statutory body Resource NSW proposed to be effected by the
amendments to the Waste Avoidance and Resource Recovery
Act 2001 elsewhere in this Schedule.
1.36State
Authorities Superannuation Act 1987 No
211
Schedule 1
Employers
Omit “Resource NSW” from Part
1.
Explanatory
note
The proposed amendment is consequential on the
dissolution of the statutory body Resource NSW proposed to be effected by the
amendments to the Waste Avoidance and Resource Recovery
Act 2001 elsewhere in this Schedule.
1.37State
Development and Industries Assistance Act 1966 No
10
Section 34E Ministerial
Corporation to be Constructing Authority for purposes of section 81 of Public Works Act
1912
Omit the section.
Explanatory
note
Section 34E of the State
Development and Industries Assistance Act 1966 provides
that the Ministerial Corporation for Industry constituted under that Act is
taken to be a Constructing Authority “[f]or the purposes of section 81
of the Public Works Act
1912”.
As section 81 has been repealed, section 34E no
longer has any effect. Accordingly, the proposed amendment repeals section
34E.
1.38Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 1 Public
offices
Omit “or is the holder of a prescribed
office” from the matter relating to
“Magistrate”.
Explanatory
note
Schedule 1 to the Statutory and
Other Offices Remuneration Act 1975 refers to a Magistrate
who is the holder of a prescribed office “within the meaning of”
the Local Courts Act 1982. However, the term
“prescribed office” is no longer defined in that Act. Accordingly,
the proposed amendment omits the outdated reference from Schedule
1.
1.39Stock
(Chemical Residues) Act 1975 No 26
Section 3
Definitions
Omit paragraph (a) from the definition of
stock. Insert instead:
(a)
cattle, sheep, goats and pigs,
and
Explanatory
note
At present, paragraph (a) of the definition of
stock in section 3 of the Stock (Chemical Residues) Act 1975
provides that the term means “bulls, oxen, steers, cows, heifers,
calves, rams, ewes, wethers, lambs, goats, kids and
swine”.
The proposed amendment recasts paragraph (a) in
the interests of plain English. The new terminology is consistent with that of
the Stock Diseases Act
1923.
1.40Stock
Diseases Act 1923 No 34
[1]Section 3
Definitions
Omit “swine” from the definition of
Stock in section 3
(1).
Insert instead
“pigs”.
[2]Section 3 (1), definition of
“Swine”
Omit the definition.
Explanatory
note
At present, section 3 of the Stock
Diseases Act 1923 (the Act) defines Swine as including “boar, sow,
barrow and pig of any age, sex or breed”. As the animals mentioned in
the definition are all pigs, the proposed amendments, in the interests of
plain English:
(a)
omit that definition, and
(b)
amend another definition so as to refer to
“pigs” rather than “swine”.
Consequential amendments to the Stock Diseases (General) Regulation
1997 are proposed to be made elsewhere in this
Schedule.
1.41Stock Diseases (General) Regulation
1997
[1]Clauses 15 (b), 16 (4) (d)
(i), (e) (i) and (j), 16C, 16E (2), 20B (1), 20G (1) (a) and 31
(1)
Omit “swine” wherever occurring.
Insert instead “pigs”.
[2]Clause 31,
heading
Omit “swine”. Insert instead
“pigs”.
Explanatory
note
The proposed amendments are consequential on the
amendments proposed to be made to the Stock Diseases
Act 1923 elsewhere in this Schedule.
1.42Superannuation Act 1916 No
28
[1]Section 3
Definitions
Omit the definition of Government Medical Officer from
section 3 (1).
Insert in alphabetical order:
HealthQuest means the statutory
health corporation of that name constituted by the Health
Services Act 1997.
[2]Sections 10A, 10D, 22 and 50
and Schedule 17
Omit “the Government Medical Officer”
wherever occurring.
Insert instead
“HealthQuest”.
[3]Schedule 3 List of
Employers
Omit “Resource NSW” from Part
1.
[4]Schedule
26
Omit “Public Trust Office” and
“Resource NSW” from Part 1.
Explanatory
note
Government Medical
Officer
The functions of a Government Medical Officer
under various Acts and Regulations are to be exercised by the statutory health
corporation “HealthQuest”.
Item [1] of the proposed amendments omits the
definition of Government Medical Officer from the Superannuation Act 1916 (the
Act) and inserts a definition of HealthQuest for the purposes of the
Act.
Item [2] of the proposed amendments replaces
references to “Government Medical Officer” in the Act with direct
references to HealthQuest.
Similar amendments are proposed to be made
elsewhere in this Schedule to the other Acts and Regulations
concerned.
Public Trust Office and
Resource NSW
Item [3] and part of item [4] of the proposed
amendments are consequential on the dissolution of the statutory body Resource
NSW proposed to be effected by the amendments to the Waste
Avoidance and Resource Recovery Act 2001 elsewhere in this
Schedule. The other part of item [4] is consequential on recent administrative
changes made under Chapter 4 of the Public Sector
Employment and Management Act 2002 in relation to the
Public Trust Office. Those changes abolished the Public Trust Office as a
separate Department and transferred the public service staff to the Attorney
General’s Department.
1.43Sydney
Water Catchment Management Act 1998 No
171
[1]Section 3
Definitions
Insert in alphabetical order:
Managing
Director means the member of staff of the Authority holding
the position of Managing Director of the Authority.
[2]Section 7
Board
Omit section 7 (2) (a). Insert instead:
(a)
the Managing Director,
and
[3]Schedule 1 Constitution and
procedure of Board
Omit “Chief Executive” wherever
occurring in clauses 1 (definition of appointed
member) and 3 (1).
Insert instead “Managing
Director”.
[4]Schedule 1, clause 12
(2)
Omit “If the Chief Executive is not the
Chairperson, the Chief Executive”.
Insert instead “The Managing
Director”.
Explanatory
note
The proposed amendments amend the Sydney Water Catchment Management Act
1998 (the
Act) so as:
(a)
to provide that the ex-officio position on the
Board of the Sydney Catchment Authority (the
Authority) currently held by the Chief Executive of the
Authority is to be held, instead, by the Managing Director of the Authority
(item [2]), and
(b)
to make consequential amendments to a Schedule to
the Act that deals with the constitution and procedure of the Board (items [3]
and [4]), and
(c)
to insert a definition of the term Managing
Director in section 3 of the Act for the purposes of the Act
(item [1]).
1.44Waste
Avoidance and Resource Recovery Act 2001 No
58
[1]The whole
Act
Omit “Resource NSW” wherever
occurring (except where occurring in the long title, sections 4 (1), 5, 6 (2)
and (3), 7, 8, 9, 10, 11, 12 (1) and (4), 13, 14 (1), 19 (3), (4) (b) and (5)
(b), 20 (1) and (2), 21, 22 (1), 24 (1) (except section 24 (1) (c)) and 25,
Schedules 1, 3 and 4 and the headings to Part 2 and sections 20, 21, 22, 24
and 25).
Insert instead “the
Director-General”.
[2]The whole
Act
Omit “The EPA” and “the
EPA” wherever occurring (except where occurring in sections 4 (1), 13
and 19 (4) (b) and Schedule 2).
Insert instead “The Director-General”
and “the Director-General”, respectively.
[3]Long
title
Omit “to establish Resource
NSW;”.
[4]Section 4
Definitions
Omit the definitions of Chief
Executive of Resource NSW, EPA and Resource NSW from section 4
(1).
[5]Section 4
(1)
Insert in alphabetical order:
Department means the Department of
Environment and Conservation.
Director-General means the
Director-General of the Department.
[6]Part 2,
heading
Omit the heading. Insert instead:
Part 2Functions of
Director-General
[7]Sections 5, 7–10, 13,
25, 29 and 30
Omit the sections.
[8]Section 6 Functions of
Director-General
Omit “conferred or imposed on it”
from section 6 (1) (i).
Insert instead “conferred or imposed on the
Director-General”.
[9]Sections 6 (2) and (3), 11
(1), 12 (1), 14 (1), 20 (1) and (2), 21, 22 (1) and 24
(1)
Omit “Resource NSW” wherever
occurring (except where occurring in a heading and in section 24 (1)
(c)).
Insert instead “The
Director-General”.
[10]Sections 6 (3) and 11
(1)
Omit “its functions” wherever
occurring.
Insert instead “the
Director-General’s functions”.
[11]Section 11
(2)
Omit “Resource NSW”. Insert instead
“the Department”.
[12]Section 12
(4)
Omit the subsection.
[13]Section 12
(5)
Omit “Subsequent”.
Insert instead “After the adoption of the
first waste strategy, subsequent”.
[14]Section 12 (7)
(b)
Omit “its offices”. Insert instead
“the offices of the Department”.
[15]Sections 18 (1) and 21
(b)
Omit “it” wherever occurring. Insert
instead “the Director-General”.
[16]Section 19 Waste
Fund
Omit the second sentence of section 19
(3).
[17]Section 19 (4)
(b)
Omit “the EPA or Resource NSW”.
Insert instead “the Director-General”.
[18]Section 19 (5)
(b)
Omit the paragraph. Insert instead:
(b)
any purpose for which it could lawfully have been
applied by the corporation formerly constituted under section 5 and known as
Resource NSW immediately before the dissolution of that
corporation,
[19]Section 20 Provision by
Director-General of financial assistance and guarantees
Omit “exercising its functions” from
section 20 (1).
Insert instead “exercising the
Director-General’s functions under this
Act”.
[20]Sections 21 and 24,
headings
Omit “Resource NSW” wherever
occurring.
Insert instead
“Director-General”.
[21]Section 22,
heading
Omit the heading. Insert instead:
22Acquisitions by
Director-General
[22]Schedules 1, 2 and
3
Omit the Schedules.
[23]Schedule 4 Savings,
transitional and other provisions
Omit the heading to Part 1. Insert
instead:
Part 1Preliminary
[24]Schedule 4, clause
1
Insert at the end of clause 1 (1):
Statute Law
(Miscellaneous Provisions) Act (No 2) 2003, but only to
the extent that it amends this Act
[25]Schedule 4, clause
1A
Insert after clause 1:
1ADefinitions
In this Schedule:
assets means any legal or equitable
estate or interest (whether present or future and whether vested or
contingent) in real or personal property of any description (including money),
and includes securities, choses in action and documents.
liabilities means any liabilities,
debts or obligations (whether present or future and whether vested or
contingent).
rights means any rights, powers,
privileges or immunities (whether present or future and whether vested or
contingent).
[26]Schedule 4, clause
2
Omit the definitions of assets, liabilities and rights.
[27]Schedule 4, Part
3
Insert after clause 12:
Part 3Provisions consequent on
enactment of the Statute Law (Miscellaneous Provisions)
Act (No 2) 2003
13Definitions
In this Part:
Board means the Board of Resource
NSW referred to in section 8 as in force immediately before the repeal of that
section by the Statute Law (Miscellaneous Provisions)
Act (No 2) 2003.
Resource
NSW means the corporation constituted under section 5 as in
force immediately before the repeal of that section by the Statute Law (Miscellaneous Provisions) Act (No 2)
2003.
14Dissolution of Resource
NSW
(1)
Resource NSW is dissolved.
(2)
A reference in any document (other than this Act)
to Resource NSW is taken to be a reference to the
Director-General.
(3)
A person who, immediately before the dissolution
of Resource NSW, held office as a member of the Board:
(a)
ceases to hold that office,
and
(b)
is not entitled to any compensation because of
the loss of that office.
15Transfer of assets, rights and
liabilities to the Crown
(1)
On the day on which Resource NSW is dissolved by
this Act, the following provisions have effect:
(a)
the assets of Resource NSW vest in the Crown by
virtue of this clause without the need for any further conveyance, transfer,
assignment or assurance,
(b)
the rights and liabilities of Resource NSW become
the rights and liabilities of the Crown,
(c)
all proceedings commenced before that day by or
against Resource NSW and pending immediately before that day are taken to be
proceedings pending by or against the Crown,
(d)
any act, matter or thing done or omitted to be
done before that day by, to or in respect of Resource NSW is (to the extent
that that act, matter or thing has any force or effect) taken to have been
done or omitted by, to or in respect of the Crown.
(2)
The operation of this clause is not to be
regarded:
(a)
as a breach of contract or confidence or
otherwise as a civil wrong, or
(b)
as a breach of any contractual provision
prohibiting, restricting or regulating the assignment or transfer of assets,
rights or liabilities, or
(c)
as giving rise to any remedy by a party to an
instrument, or as causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any asset, right
or liability.
(3)
The operation of this clause is not to be
regarded as an event of default under any contract or other
agreement.
(4)
No attornment to the transferee by a lessee from
Resource NSW is required.
(5)
Duty under the Duties Act
1997 is not chargeable for or in respect of:
(a)
a transfer effected by this clause,
or
(b)
anything certified by the Minister as having been
done in consequence of such a transfer (for example, the transfer or
conveyance of an interest in land).
16Financial statements and
annual report of Resource NSW
(1)
The annual report of Resource NSW required under
the Annual Reports (Statutory Bodies) Act
1984 in respect of the portion of the financial year
ending on the date of dissolution of Resource NSW is to be included in the
annual report of the Department of Environment and Conservation for the
relevant financial year.
(2)
In this clause, financial
year has the same meaning as it has in the Public Finance and Audit Act
1983.
Note—
An annual report referred to in clause 16 (1)
must contain financial statements, prepared in accordance with Division 3 of
Part 3 of the Public Finance and Audit Act
1983 and audited under that
Division.
Explanatory
note
The Public Sector Employment and
Management (Environment and Conservation) Order 2003
(the
Order) abolished, as Departments of the Public Service, the
bodies known as the Environment Protection Authority (EPA), the National Parks and
Wildlife Service, Resource NSW and the Royal Botanic Gardens and Domain Trust.
The Order created the Department of Environment and Conservation (the new
Department) and transferred all the staff of the abolished
Departments to that Department. The functions previously exercised by Resource
NSW are to be exercised by the Director-General of the new
Department.
In view of that amalgamation, it is not necessary
to retain Resource NSW as a statutory corporation. Items [6] and [27] of the
proposed amendments amend the Waste Avoidance
and Resource Recovery Act 2001 (the Act) accordingly, confer
Resource NSW’s functions and power of delegation on the Director-General
of the new Department and insert the necessary savings and transitional
provisions. Items [23], [25] and [26] of the proposed amendments make
consequential “housekeeping” amendments to Schedule 4 to the Act.
Item [24] of the proposed amendments amends that Schedule so as to permit the
making under the Act of regulations of a savings or transitional nature
consequent on the amendments made to the Act by this Act.
Items [7] (in part), [12], [16] and [22] of the
proposed amendments omit provisions that are spent.
The other proposed amendments are purely
consequential.
Other amendments consequential on the creation of
the new Department and the transfer of staff are proposed to be made elsewhere
in this Schedule.
Schedule 2Amendments by way of statute
law revision
(Section 3)
2.1Cancer
Institute (NSW) Act 2003 No 14
Section 6 Guiding
principles
Omit “mutli-disciplinary” from
section 6 (d).
Insert instead
“multi-disciplinary”.
Explanatory
note
The proposed amendment corrects incorrect
spelling.
2.2Children and Young Persons (Care and Protection) Regulation
2000
Schedule 2 Code of Conduct for
Authorised Carers
Transfer clause 5 (c) (iii) to the position of
the current clause 5 (c) (ii), renumber the transferred subparagraph as clause
5 (c) (ii) and renumber the existing clause 5 (c) (ii) as clause 5 (c)
(iii).
Explanatory
note
The proposed amendment transposes two
subparagraphs and renumbers those subparagraphs
accordingly.
2.3Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
[1]Section 4
Definitions
Omit the definitions in the Note at the end of
the section. Insert instead:
add-on means a computer program,
data associated with a computer program or a computer program and any
associated data referred to in subsection 5A (2).
adult means a person who is 18 or
older.
advertisement for a publication, a
film or a computer game means any form of advertising for the publication,
film or game, and includes:
(a)
advertising, whether visual or audible, whether
in the form of written or spoken words or other sounds and whether in a book,
paper, magazine, poster, photograph, sketch, program, film or slide or in any
other form, and
(b)
advertising on a container or wrapping enclosing
the publication, film or game, and
(c)
advertising on an item of clothing advertising
the publication, film or game,
but does not include:
(d)
advertising for an exempt film or exempt computer
game, or
(e)
advertising, in an imported publication, for a
publication, film or computer game that has not been published in Australia,
or
(f)
advertising, in an imported film or computer game
that is in a form that cannot be modified, for a film or computer game that
has not been published in Australia (the advertised film or game), whether or
not the advertised film or game is later published in
Australia.
Board means the Classification
Board.
business
day means a day other than a Saturday, Sunday or public
holiday.
classification certificate means a
certificate issued under section 25.
classified means classified under
this Act.
Code means the National
Classification Code set out in the Schedule, or that Code as amended in
accordance with section 6.
computer
generated image means an image (including an image in the
form of text) produced by use of a computer on a computer monitor, television
screen, liquid crystal display or similar medium from electronically recorded
data.
contentious material, in relation to
a film or computer game, means material that would be likely to cause it to be
classified:
(a)
for a film—M or a higher classification,
or
(b)
for a computer game—M (15+) or a higher
classification.
Convenor means the Convenor of the
Review Board.
decision means a decision of the
Board:
(a)
to classify or refuse to classify a publication,
film or computer game (including a decision of the Board under section 39 or
97A), or
(b)
to determine the consumer advice to apply to a
publication, film or computer game, or
(c)
to approve or refuse to approve an advertisement
for a publication, film or computer game (including a decision of the Board
under section 39) or to impose conditions on such an approval,
or
(d)
to grant a certificate of exemption for a film,
or
(e)
to decline to deal with or to deal further with
an application under this Act, or
(f)
to make or refuse to make a declaration under
subsection 13 (3), or
(g)
to revoke such a declaration,
or
(h)
to impose a condition under section 13A,
or
(i)
to revoke the classification of a film or
computer game under section 21A, or
(j)
to revoke the classification of, or consumer
advice for, a publication, film or computer game under section 22B,
or
(k)
to grant or refuse to grant a certificate under
Division 6 of Part 2, or
(l)
to revoke such a
certificate.
demonstrate includes exhibit,
display, screen, play or make available for playing.
Deputy
Director means the Deputy Director of the
Board.
determined markings means markings
determined by the Director under section 8.
Director means the Director of the
Board.
enforcement application means an
application that is made:
(a)
by the Commonwealth, a State or a Territory, or
by an authority or agency of the Commonwealth, a State or a Territory,
and
(b)
for the purpose of investigating or prosecuting
an offence against a law of the Commonwealth, a State or a
Territory.
exempt
computer game has the meaning given by section 5B, and
includes a game for which a certificate is in force under Division 6 of Part
2.
exempt
film has the meaning given by section 5B, and includes a
film for which a certificate is in force under Division 6 of Part
2.
film includes a cinematograph film,
a slide, video tape and video disc and any other form of recording from which
a visual image, including a computer generated image, can be produced
(together with its sound track), but does not include:
(a)
a computer game, or
(b)
an advertisement for a publication, a film or a
computer game.
interactive film means a film to
which subsection 14 (4) applies.
interactive game means a game in
which the way the game proceeds and the result achieved at various stages of
the game is determined in response to the decisions, inputs and direct
involvement of the player.
member means a member of the Board,
and includes a temporary member.
minor means a person under
18.
participating Minister means a
Minister of a State or Territory who is responsible for censorship matters
where the State or Territory is a participant in the scheme referred to in
section 3, but does not include such a Minister in relation to action to be
taken under a provision of this Act if:
(a)
the action relates to publications, films or
computer games, and
(b)
the State or Territory does not participate in
the scheme in relation to publications, films or computer games, as the case
may be.
publication means any written or
pictorial matter, but does not include:
(a)
a film, or
(b)
a computer game, or
(c)
an advertisement for a publication, a film or a
computer game.
publish includes sell, offer for
sale, let on hire, exhibit, display, distribute and
demonstrate.
Review
Board means the Classification Review Board.
submittable publication means an
unclassified publication that, having regard to the Code and the
classification guidelines to the extent that they relate to publications,
contains depictions or descriptions that:
(a)
are likely to cause the publication to be
classified RC, or
(b)
are likely to cause offence to a reasonable adult
to the extent that the publication should not be sold or displayed as an
unrestricted publication, or
(c)
are unsuitable for a minor to see or
read.
temporary
member means a person appointed under section
50.
work means:
(a)
a cinematic composition that:
(i)
appears to be self-contained,
and
(ii)
is produced for viewing as a discrete entity,
or
(b)
a computer game that is produced for playing as a
discrete entity,
but does not include an
advertisement.
[2]Section 4,
Note
Insert at the end of the definitions:
Section 5A of the Commonwealth Act provides the
following definition of computer
game:
(1)
A computer
game is a computer program and any associated data capable
of generating a display on a computer monitor, television screen, liquid
crystal display or similar medium that allows the playing of an interactive
game.
(2)
A computer program, data associated with a
computer program or a computer program and any associated data that:
(a)
is capable of generating new elements or
additional levels into a game (the original
game) that is a computer game under subsection (1),
and
(b)
is contained in a device separate from that
containing the original game,
is also a computer
game.
(3)
However, a computer
game does not include an advertisement for a publication,
film or computer game.
[3]Note at the end of the Act
(National Classification Code)
Omit from clause 1 (b) of the matter relating to
Publications “a minor who is, or who appears to be, under 16 (whether
the minor”.
Insert instead “a person who is, or who
looks like, a child under 16 (whether the
person”.
[4]Note at the end of the Act,
clause 1 (b) of the matter relating to Films
Omit “a minor who is, or who appears to be,
under 16 (whether or not”.
Insert instead “, a person who is, or who
looks like, a child under 16 (whether the person
is”.
[5]Note at the end of the Act,
clause 2 (a) of the matter relating to Films
Omit the paragraph. Insert instead:
(a)
contain real depictions of actual sexual activity
between consenting adults in which there is no violence, sexual violence,
sexualised violence, coercion, sexually assaultive language, or fetishes or
depictions which purposefully demean anyone involved in that activity for the
enjoyment of viewers, in a way that is likely to cause offence to a reasonable
adult, and
Explanatory
note
The proposed amendments update certain Notes in
the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 that set out the text of certain
provisions of the Classification (Publications, Films and Computer Games) Act
1995 of the Commonwealth. The amendments are made in
consequence of amendments made to the Commonwealth Act.
2.4Commercial Arbitration Act 1984 No
160
Section
65
Insert after section 64:
65Saving
Section 5 of the Commercial Arbitration (Amendment) Act
1990 continues in force despite the repeal of that Act by
the Statute Law (Miscellaneous Provisions) Act (No 2)
2003.
Explanatory
note
The proposed amendment is consequential on the
repeal of the Commercial Arbitration (Amendment) Act
1990 by Schedule 3. It ensures the continued operation of
a savings and transitional provision of that Act.
2.5Costs
in Criminal Cases Act 1967 No 13
Section 3A Evidence of further
relevant facts may be adduced
Omit “Justice or Justices” wherever
occurring in section 3A (3).
Insert instead
“Magistrate”.
Explanatory
note
The proposed amendment updates outdated
terminology.
2.6Crimes
Act 1900 No 40
[1]Section 517 Unlawful
possession of trees, fences etc
Omit “fails to satisfy them”. Insert
instead “fails to satisfy the Court”.
[2]Section
517
Omit “, before such
Justices,”.
Explanatory
note
Section 517 has been amended to refer to certain
persons being taken or summoned before “a Local Court” rather than
before “two Justices”. Item [1] of the proposed amendments makes a
consequential amendment.
Item [2] of the proposed amendments omits
unnecessary matter.
2.7Crimes
(Administration of Sentences) Act 1999 No
93
[1]Section 79
Regulations
Omit “Visiting Justice” from section
79 (v1).
Insert instead “Visiting
Magistrate”.
[2]Schedule 5 Savings,
transitional and other provisions
Renumber Part 5 and clauses 64–66 where
secondly occurring as Part 6 and clauses 70–72,
respectively.
Explanatory
note
Item [1] of the proposed amendments updates
outdated terminology.
Item [2] of he proposed amendments corrects
duplicated numbering.
2.8Crimes (Administration of Sentences) Regulation
2001
Clauses 147 (1), 148 (4), 150
(1), 166 and 168 (2) and (3)
Omit “Visiting Justice” wherever
occurring.
Insert instead “Visiting
Magistrate”.
Explanatory
note
The proposed amendments update outdated
terminology.
2.9Criminal Procedure Act 1986 No
209
[1]Section 15 Application of
Part
Omit “Division” wherever occurring.
Insert instead “Part”.
[2]Section 20 Amendment of
indictment
Omit “section 64” from section 20
(2). Insert instead “section 21”.
[3]Section 147 Exemption for
matters disclosed in brief of evidence
Omit “section 25”. Insert instead
“section 265”.
[4]Section 149 Miscellaneous
provisions
Omit “Division 3” from section 149
(3). Insert instead “Division 4”.
[5]Section 149
(6)
Omit “Part 7”. Insert instead
“Division 2 of Part 5 of Chapter 6”.
[6]Section 262 Procedure for
dealing with offences if election made
Omit “that section” from section 262
(2). Insert instead “that Division”.
[7]Section 275
Definitions
Omit “In this Part”. Insert instead
“In this Chapter”.
[8]Section 320 Disposal of
property after determination of proceedings
Omit “section 134” from section 320
(1). Insert instead “section 319”.
[9]Section 321 Application to
Treasurer for recovery of money or proceeds of sale
Omit “section 135”. Insert instead
“section 320”.
[10]Section 332
Definitions
Omit section 332 (2).
[11]Section 333 Police may issue
penalty notices for certain offences
Omit “section 170 (3)” from the note
to the section.
Insert instead “section 342
(3)”.
[12]Section 338 Effect of payment
of penalty
Omit “sections 163 and 168” from
section 338 (3).
Insert instead “sections 335 and
340”.
[13]Section 342 Effect of Part on
other procedures and powers
Omit “section 166” from section 342
(1).
Insert instead “section
338”.
[14]Schedule 1 Indictable offences
triable summarily
Omit “to this Part” from item 13 of
Table 1.
Insert instead “to this
Schedule”.
Explanatory
note
Among other things, the Criminal Procedure Amendment (Justices and Local Courts) Act
2001 reorganised and renumbered various provisions of the
Criminal Procedure Act 1986 (the Act). In that
reorganisation:
(a)
certain provisions of Division 5 of Part 3 became
Part 2 of Chapter 2, and
(b)
section 25 was renumbered as section 265,
and
(c)
section 64 was renumbered as section 21,
and
(d)
certain provisions of Parts 4 and 7 became
Chapter 6, and
(e)
sections 134 and 135 were renumbered as sections
319 and 320, respectively.
The Crimes
Legislation Amendment (Penalty Notice Offences) Act 2002
inserted, among other things, Part 8 (sections 160–172) in the Act and
then renumbered that Part as the last Part in Chapter 7 (which became sections
332–344).
Item [1] of the proposed amendments corrects
internal references to the old Division 5 of Part 3.
Item [2] of the proposed amendments corrects a
cross-reference to the old section 64.
Item [3] of the proposed amendments corrects a
cross-reference to the old section 25.
Item [4] of the proposed amendments corrects a
typographical error.
Items [5] and [7] of the proposed amendments
correct internal references to old Parts.
Items [6] and [14] of the proposed amendments
correct incorrect terminology.
Item [8] of the proposed amendments corrects a
cross-reference to the old section 134.
Item [9] of the proposed amendments corrects a
cross-reference to the old section 135.
Item [10] of the proposed amendments omits an
unnecessary provision (see section 3 (2)).
Item [11] of the proposed amendments corrects a
cross-reference to the old section 170.
Item [12] of the proposed amendments corrects a
cross-reference to the old sections 163 and 168.
Item [13] of the proposed amendments corrects a
cross-reference to the old section 166.
2.10Energy
Services Corporations Act 1995 No 95
Schedule 3 Transfer of staff,
assets, rights and liabilities
Omit “clauses 3, 7 and 12” from the
matter immediately below the heading of the Schedule.
Insert instead “clauses 7, 12, 13A, 13D,
13F and 16”.
Explanatory
note
The proposed amendment omits a reference to a
clause that has been repealed and inserts references to new clauses to which
Schedule 3 is relevant.
2.11Fines
Act 1996 No 99
[1]Section 90 Calculation of
period of imprisonment under warrant
Omit “the Periodic Detention of Prisoners Act
1981” from section 90 (2).
Insert instead “the Crimes
(Administration of Sentences) Act
1999”.
[2]Schedule 1 Statutory
provisions under which penalty notices issued
Omit “section 29 or 29A” from the
matter relating to the Summary Offences Act
1988.
Insert instead “section 29, 29A or
29B”.
Explanatory
note
Item [1] of the proposed amendments updates a
reference to a repealed Act.
Item [2] of the proposed amendments provides for
the enforcement of penalty notices issued under section 29B of the Summary Offences Act 1988 and is
consequential on the insertion of that section, on 27 September 2002, by the
Pastoral and Agricultural Crimes Legislation Amendment Act
2002.
2.12Guardianship Act 1987 No
257
Section 46 Effect of
consent
Omit “that carrying out” from section
46 (4).
Insert instead “the carrying
out”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.13Inebriates Act 1912 No
24
Section 13 Institutions for
inebriates committed under section 11
Omit “visiting justice” wherever
occurring in section 13 (2).
Insert instead “Visiting
Magistrate”.
Explanatory
note
The proposed amendment updates outdated
terminology.
2.14Kogarah Local Environmental Plan
1998
Schedule 2,
heading
Omit the heading. Insert instead:
Schedule 2Classification and
reclassification of public land as operational land
Explanatory
note
The proposed amendment renames a Schedule
(currently named “Operational land”) to Kogarah Local Environmental Plan 1998 to
reflect the terminology of the clause of that plan to which it relates (clause
13).
2.15Law
Enforcement (Powers and Responsibilities) Act 2002 No
103
[1]Section 16 Failure of
passenger to disclose identity
Insert “driver or other” before
“passenger” where secondly occurring in section 16 (2)
(b).
[2]Section 197 Power to give
reasonable directions in public places
Omit “in traffic” from section 197
(1) (a). Insert instead “or traffic”.
[3]Schedule 2 Search warrants
under other Acts
Omit “Food Act
1989, section 18”.
Insert instead “Food
Act 2003, section 39”.
Explanatory
note
Item [1] of the proposed amendments inserts
missing words.
Item [2] of the proposed amendments makes a
correction to reflect section 28F (1) of the Summary Offences
Act 1988, which section 197 (1) of the Law Enforcement (Powers and Responsibilities) Act
2002 re-enacts.
Item [3] of the proposed amendments updates a
reference to an Act that is to be repealed.
2.16Marine Pollution Regulation
2001
Schedule 5 Holding
tanks—capacity and specification requirements
Renumber paragraph (b) where secondly occurring
as paragraph (c).
Explanatory
note
The proposed amendment corrects duplicated
numbering.
2.17Mental
Health Act 1990 No 9
Sections 93 (4) and 111
(2)
Omit “the the Magistrate” wherever
occurring.
Insert instead “the
Magistrate”.
Explanatory
note
The proposed amendment omits duplicated
words.
2.18Moratorium Act 1932 No
57
Section
5A
Insert after section 5:
5ASaving concerning application
of Act
Section 2 of the Moratorium (Amendment) Act
1968 continues in force despite the repeal of that Act by
the Statute Law (Miscellaneous Provisions) Act (No 2)
2003.
Explanatory
note
The proposed amendment is consequential on the
repeal of the Moratorium (Amendment) Act 1968 by
Schedule 3. It ensures the continued operation of a provision of that Act
concerning the operation of the Moratorium Act
1932.
2.19National Parks and Wildlife Act 1974 No
80
Section 176 Proceedings for
offences
Omit “makes or make an order the”
from section 176 (3).
Insert instead “makes an order under
the”.
Explanatory
note
The proposed amendment omits unnecessary words
(the section originally referred to “the magistrate or justices”
and, therefore, required both a singular and a plural verb) and inserts a
missing word.
2.20Nurses
Amendment Act 2003 No 45
Section 2
Commencement
Omit “Part 5 f the” from section 2
(2) (b). Insert instead “Part 5 of the”.
Explanatory
note
The proposed amendment inserts a missing letter
in a word.
2.21Occupational Health and Safety Regulation
2001
Schedule 1 Standards covering
design and manufacture of plant
Omit “Austral1ian Miniature” from the
matter relating to Boilers and pressure vessels.
Insert instead “Australian
Miniature”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.22Pesticides Regulation
1995
Schedule 1,
heading
Omit “and short descriptions”
from the heading.
Explanatory
note
The proposed amendment corrects the heading to a
Schedule that no longer contains short descriptions of
offences.
2.23Poisons and Therapeutic Goods Act 1966 No
31
Section 17B Authorisation of
possession, use, prescription or supply by optometrists
Omit “optometrist drug authority”
from section 17B (2) (a) and (c) wherever occurring.
Insert instead “optometrists drug
authority”.
Explanatory
note
The proposed amendment corrects inconsistent
terminology. Section 17B was inserted in the Poisons and
Therapeutic Goods Act 1966 by the Optometrists Act 2002. The latter Act,
and the remainder of section 17B, refer to an “optometrists drug
authority” rather than an “optometrist drug
authority”.
2.24Public Authorities (Financial Arrangements) Regulation
2000
Schedule 4 Authorities
specifically included
Omit the matter relating to Pacific
Power.
Explanatory
note
The proposed amendment omits a reference to a
body that has been dissolved.
2.25Radiation Control Act 1990 No
13
Section 25 Proceedings for
offences
Omit “constituted by a Magistrate”
from section 25 (1) (a).
Explanatory
note
The proposed amendment omits unnecessary
words.
2.26Radiation Control Regulation
2003
Schedule 2 Dose limits for
exposure to ionising radiation
Omit “does” from Note 1 to the
Schedule. Insert instead “dose”.
Explanatory
note
The proposed amendment corrects a typographical
error.
2.27Research Involving Human Embryos (New South Wales) Act
2003 No 21
Section 4
Definitions
Renumber paragraphs (f) and (g) of the definition
of Commonwealth embryo laws in section
4 (1) as paragraphs (a) and (b), respectively.
Explanatory
note
The proposed amendment corrects numbering of
paragraphs.
2.28Search
Warrants Act 1985 No 37
Section 8 Search and arrest of
persons pursuant to warrant
Omit “a authorised officer” from
section 8 (b).
Insert instead “an authorised
officer”.
Explanatory
note
The proposed amendment corrects a grammatical
error.
2.29State
Environmental Planning Policy No 62—Sustainable
Aquaculture
Schedule 1 Pond-based and
tank-based aquaculture
Insert at the end of clause 4:
(2)
In this clause, a reference to AHD is a reference to Australian
Height Datum within the meaning of the Surveying Act
2002.
Explanatory
note
The proposed amendment gives effect to an
amendment purporting to be made by Schedule 2.18 to the Surveying Act 2002. That amendment could
not take effect because of an intervening amendment that had rendered it
unincorporable.
2.30State
Environmental Planning Policy No 71—Coastal
Protection
Schedule 2 Significant coastal
development—specified development
Omit “Mining Act
1962” from the definition of mining.
Insert instead “Mining
Act 1992”.
Explanatory
note
The proposed amendment corrects an incorrect
citation of an Act.
2.31Treasury Corporation Act 1983 No
75
Section
14
Insert after section 13:
14Saving
Section 5 of the Treasury Corporation (Amendment) Act
1987 continues in force despite the repeal of that Act by
the Statute Law (Miscellaneous Provisions) Act (No 2)
2003.
Explanatory
note
The proposed amendment is consequential on the
repeal of the Treasury Corporation (Amendment) Act
1987 by Schedule 3. It ensures the continued operation of
a savings and transitional provision of that Act.
2.32Workers Compensation Regulation
2003
Clause 188 Purporting to be a
PDA
Omit “subclauses (2) and (3)” from
clause 188 (3).
Insert instead “subclauses (1) and
(2)”.
Explanatory
note
The proposed amendment corrects incorrect
cross-references.
Schedule 3Repeals
(Section 4)
Name of
Act
Extent of
repeal
Public Trustee Act 1913 No
19
Section
604
Trustee
(Amendment) Act 1929 No 60
Whole
Act2
Farrer Memorial Research Scholarship Fund Act
1930 No 38
Section
114
Valuation of
Land and Local Government (Further Amendment) Act 1961 No
67
Whole
Act2
Local
Government (Town and Country Planning) Amendment Act 1962 No
7
Parts 2 and
35
Companies
(Mining Partnerships) Amendment Act 1967 No
37
Whole
Act2
Administration of Justice Act 1968 No
3
Whole
Act2
Moratorium
(Amendment) Act 1968 No 25
Whole
Act3
Water, Crown
Lands and Other Acts (Amendment) Act 1970 No
5
Whole
Act2
Companies
(Amendment) Act 1972 No 24
Whole
Act2
Crown Lands
and Other Acts (Reserves) Amendment Act 1974 No
37
Whole
Act2
Courts of
Petty Sessions (Civil Claims) Amendment Act 1975 No
106
Whole
Act2
Anglican Church of Australia Act 1976 No
21
Section 7
and Schedule 24
Small Businesses’ Loans Guarantee Act 1977
No 34
Whole
Act6
Valuation of
Land (Rating and Valuation) Amendment Act 1978 No
126
Whole
Act2
Valuation of
Land (Amendment) Act 1978 No 137
Whole
Act2
Stamp Duties
(Amendment) Act 1978 No 139
Whole
Act2
Supreme Court
(Amendment) Act 1979 No 88
Whole
Act2
Courts of
Petty Sessions (Civil Claims) Amendment Act 1980 No
61
Whole
Act2
Co-operation
(Amendment) Act 1981 No 5
Whole
Act2
Crimes (Sexual
Assault) Amendment Act 1981 No 42
Whole
Act2
Stamp Duties
(Financial Institutions Duty) Amendment Act 1982 No
133
Whole
Act2
Local
Government (Regulation of Flats) Amendment Act 1983 No
174
Whole
Act2
Supreme Court
(Interest) Amendment Act 1983 No 201
Whole
Act2
Courts of
Petty Sessions (Civil Claims) (Interest) Amendment Act 1983 No
203
Whole
Act2
Trustee
(Investments) Amendment Act 1983 No 204
Whole
Act2
Valuation of
Land (Rating and Valuation) Amendment Act 1983 No
205
Whole
Act2
District Court
(Commercial Arbitration) Amendment Act 1984 No
162
Whole
Act2
Supreme Court
(Commercial Arbitration) Amendment Act 1984 No
166
Whole
Act2
Stamp Duties
(Further Amendment) Act 1986 No 193
Whole
Act2
Stamp Duties
(Amendment) Act 1987 No 85
Whole
Act2
Treasury
Corporation (Amendment) Act 1987 No 225
Whole
Act3
Australian Mutual Provident Society Act 1988 No
47
Section
144
Miscellaneous
Acts (Public Sector Executives Employment) Amendment Act 1989 No
105
Whole
Act1
Higher
Education (Amalgamation) Amendment Act 1989 No
129
Whole
Act1
Real Property
(Boundary Determinations) Amendment Act 1989 No
171
Whole
Act1
Catchment Management Act 1989 No
235
Section
694
Bishop Tyrrell
Trust (Amendment) Act 1990 No 2
Whole
Act1
Commercial
Arbitration (Amendment) Act 1990 No 100
Whole
Act3
National Rail Corporation (Agreement) Act 1991 No
82
Section
154
Public Finance
and Audit (Auditor-General) Amendment Act 1991 No
88
Section 4
and Schedules 1, 2, 4 and 55
Fertilizers
(Amendment) Act 1992 No 8
Schedule
35
Jurisdiction
of Courts (Cross-vesting) Amendment Act 1992 No
62
Whole
Act2
Supreme Court
(Video Link) Amendment Act 1992 No 69
Whole
Act2
Conveyancing
Legislation (Notice of Sale) Amendment Act 1992 No
92
Whole
Act2
Health Care Complaints Act 1993 No
105
Schedule 3
(other than the heading to the Schedule and amendments to the Coroners Act
1980)4
University
Legislation (Amendment) Act 1994 No 16
So much of
Schedule 1 as amends the Charles Sturt University Act
1989, the University of New
England Act 1993, the University of New
South Wales Act 1989, the University of
Newcastle Act 1989, the University of
Sydney Act 1989, the University of
Technology, Sydney, Act 1989 and the University of Wollongong Act
19895
Coal and Oil
Shale Mine Workers (Superannuation) Further Amendment Act 1994 No
85
Whole
Act2
Workers
Compensation Legislation Amendment Act 1995 No
30
Sections
4–6 and Schedules 1, 2, 4, 5 and
7–155
Gas Supply Act 1996 No 38
Schedule
1.1–1.6, 1.7 [1]–[9] and [11]–[18] and
1.8–1.124
Crimes
Amendment (Detention after Arrest) Act 1997 No
48
Section 3
and Schedule 15
Public Notaries Act 1997 No
98
Section
204
Snowy Hydro Corporatisation Act 1997 No
99
Section 55
and Schedule 34
Road and Rail Transport (Dangerous Goods) Act
1997 No 113
Section
534
South-west Tablelands Water Supply Administration (Repeal)
Act 1997 No 114
Section
84
Road Transport (Vehicle Registration) Act 1997 No
119
Section
324
Co-operative Housing and Starr-Bowkett Societies Act
1998 No 11
Section 228
and Schedule 64
Saint Andrew’s College Act 1998 No
15
Section
194
State Records Act 1998 No
17
Section 80
and Schedule 44
Building and Construction Industry Long Service Payments
Amendment Act 1998 No 33
Section 4
and Schedules 1 [1]–[7], [9]–[23] and [25]–[56] and
2–45
Gas Pipelines Access (New South Wales) Act 1998
No 41
Schedule
1.2–1.64
Agricultural Industry Services Act 1998 No
45
Section 52
and Schedule 34
Aboriginal Housing Act 1998 No
47
Section 44
and Schedule 24
Premium Property Tax Act 1998 No
79
Section 13
and Schedule 24
Environmental Trust Act 1998 No
82
Section 28
and Schedule 24
Legal Profession Amendment (Costs Assessment) Act
1998 No 83
Schedule 1
[1], [2], [6]–[14] and [16]–[19]5
Companion Animals Act 1998 No
87
Section 99
and Schedule 44
Road Transport (Driver Licensing) Act 1998 No
99
Section 36
and Schedules 1 and 24
Tow Truck Industry Act 1998 No
111
Schedule
3.2–3.64
Unlawful Gambling Act 1998 No
113
Section 59
and Schedule 24
Weapons Prohibition Act 1998 No
127
Section 53
and Schedule 34
Food Production (Safety) Act 1998 No
128
Section 71
and Schedules 3 and 44
Privacy and Personal Information Protection Act
1998 No 133
Section 72
and Schedule 34
Residential Parks Act 1998 No
142
Section 158
and Schedule 24
Rural Lands Protection Act 1998 No
143
Section 246
and Schedule 64
Commission for Children and Young People Act
1998 No 146
Section 52
and Schedule 24
Drug Court Act 1998 No
150
Section 33
and Schedule 14
Law Enforcement and National Security (Assumed Identities)
Act 1998 No 154
Section
204
Consumer Claims Act 1998 No
162
Section 20
and Schedule 24
Forestry and National Park Estate Act 1998 No
163
Sections
43–46 and the Notes to those sections, section 47 and Schedules
8–124
Sydney Harbour Foreshore Authority Act 1998 No
170
Sections
47, 50 and 51 and Schedules 3 and 44
Sydney Water Catchment Management Act 1998 No
171
Section 71
and Schedules 4, 5.1–5.3 and 5.54
Crimes at Sea Act 1998 No
173
Section 9
and Schedule 24
Financial Sector Reform (New South Wales) Act
1999 No 1
Section 55
and Schedules 1 and 24
Motor Accidents Compensation Act 1999 No
41
Sections
229 and 230 and Schedules 3 and 44
Offshore Minerals Act 1999 No
42
Section 445
and Schedule 34
Building and Construction Industry Security of Payment Act
1999 No 46
Section 36
and Schedule 14
Price Exploitation Code (New South Wales) Act
1999 No 55
Section 36
and Schedule 14
Drug Summit Legislative Response Act 1999 No
67
Sections 3
and 4 and Schedules 1–34
Pesticides Act 1999 No 80
Section 123
and Schedule 34
Retirement Villages Act 1999 No
81
Sections
204 and 205 and Schedules 2 and 34
Access to Neighbouring Land Act 2000 No
2
Section 39
and Schedule 14
First Home Owner Grant Act 2000 No
21
Section
534
Environmental Planning and Assessment Amendment (Affordable
Housing) Act 2000 No 29
Section 4
and Schedule 15
Occupational Health and Safety Act 2000 No
40
Section 140
and Schedule 24
Child Protection (Offenders Registration) Act
2000 No 42
Section 23
and Schedule 14
Intergovernmental Agreement Implementation (GST) Act
2000 No 44
Section 8
and Schedules 2–124
Dairy Industry Act 2000 No
54
Section 25
and Schedule 14
Crimes (Forensic Procedures) Act 2000 No
59
Section 119
and Schedule 14
Smoke-free Environment Act 2000 No
69
Section
244
Adoption Act 2000 No 75
Section 211
and Schedule 24
Community Relations Commission and Principles of
Multiculturalism Act 2000 No 77
Section 24
and Schedule 34
Road Transport (Safety and Traffic Management) Amendment
(Blood Sampling) Act 2000 No 78
Section 5
and Schedule 35
Sydney 2000 Games Administration Act 2000 No
81
Sections 4
and 25 and Schedules 1 and 24
Fitness Services (Pre-paid Fees) Act 2000 No
95
Section 20
and Schedule 24
Law and Justice Foundation Act 2000 No
97
Section 21
and Schedule 44
Australian Inland Energy Water Infrastructure Act
2000 No 102
Whole
Act1
Local Government Amendment Act 2000 No
112
Whole
Act1
Criminal Procedure Amendment (Pre-trial Disclosure) Act
2001 No 7
Sections
3–5 and Schedules 1–35
Nature Conservation Trust Act 2001 No
10
Sections
48–50 and Schedules 3–54
Chiropractors Act 2001 No
15
Section 133
and Schedule 64
Osteopaths Act 2001 No 16
Section 133
and Schedule 64
Parramatta Park Trust Act 2001 No
17
Section 38
and Schedule 54
Corporations (Consequential Amendments) Act 2001
No 34
Section 3
and Schedules 1–65
Freight Rail Corporation (Sale) Act 2001 No
35
Section 53
and Schedule 34
Insurance Protection Tax Act 2001 No
40
Section
264
Health Care Liability Act 2001 No
42
Section 35
and Schedule 14
Betting Tax Act 2001 No
43
Section 22
and Schedules 1–34
Housing Act 2001 No 52
Section 77
and Schedule 14
Waste Recycling and Processing Corporation Act
2001 No 59
Section 19
and Schedule 34
Physiotherapists Act 2001 No
67
Section 134
and Schedule 64
Psychologists Act 2001 No
69
Section 133
and Schedule 64
Gaming Machine Tax Act 2001 No
72
Sections
28–30 and Schedules 3–54
Apprenticeship and Traineeship Act 2001 No
80
Section 83
and Schedule 34
Consumer, Trader and Tenancy Tribunal Act 2001 No
82
Section 90
and Schedule 74
Motor Trade Legislation Amendment Act 2001 No
86
Whole
Act1
Coal Industry Act 2001 No
107
Sections 55
and 56 and Schedules 6 and 74
Criminal Procedure Amendment (Justices and Local Courts) Act
2001 No 119
Whole
Act1
Justices Legislation Repeal and Amendment Act
2001 No 121
Whole
Act1
Gaming Machines Act 2001 No
127
Sections
212–215 and Schedules 2–54
Landcom Corporation Act 2001 No
129
Section 20
and Schedule 34
Appropriation (Budget Variations) Act 2002 No
8
Whole
Act6
AGL Corporate Conversion Act 2002 No
16
Sections 6
and 46 and Schedules 1 and 54
Greyhound Racing Act 2002 No
38
Section 61
and Schedule 54
Harness Racing Act 2002 No
39
Section 64
and Schedule 54
Public Sector Employment and Management Act 2002
No 43
Sections
167–169 and Schedules 5–77
Crimes Legislation Amendment (Penalty Notice Offences) Act
2002 No 46
Whole
Act1
Olympic Co-ordination Authority Dissolution Act
2002 No 55
Section 14
and Schedule 14
Appropriation Act 2002 No
57
Whole
Act6
Appropriation (Parliament) Act 2002 No
58
Whole
Act6
Appropriation (Special Offices) Act 2002 No
59
Whole
Act6
General Government Liability Management Fund Act
2002 No 60
Section 14
and Schedule 14
Surveying Act 2002 No 83
Section 38
and Schedule 24
Holiday Parks (Long-term Casual Occupation) Act
2002 No 88
Section 52
and Schedule 24
Rail Safety Act 2002 No
96
Section 120
and Schedules 6 and 74
Courts Legislation Miscellaneous Amendments Act
2002 No 99
Whole
Act1
Crimes Legislation Amendment (Criminal Justice
Interventions) Act 2002 No 100
Whole
Act1
Terrorism (Police Powers) Act 2002 No
115
Section 35
and Schedule 24
Pay-roll Tax Legislation Amendment (Avoidance) Act
2002 No 121
Whole
Act1
National Park Estate (Reservations) Act 2002 No
137
Section 15
and Schedule 94
Water Management Amendment Act 2002 No
138
Whole
Act1
Crimes Amendment (Sexual Offences) Act 2003 No
9
Whole
Act1
Key
1
indicates repeal of an Act that contains only
amendments or amendments and repeals
2
indicates repeal of an Act that contains only
amendments and spent provisions (or other provisions that do not need to be
preserved)
3
indicates repeal of an Act that contains only
amendments and savings, transitional or other provisions that are being
preserved by an amendment made by Schedule 2
4
indicates repeal of amending provisions in a
Principal Act
5
indicates repeal of commenced amending provisions
in an amending Act
6
indicates repeal of an Act that is spent or no
longer of practical utility
7
indicates repeal of an Act or provisions that
include one or more uncommenced provisions that are not to be
commenced
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 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.
6Effect of repeal of Small Businesses’ Loans Guarantee Act
1977
The repeal of the Small
Businesses’ Loans Guarantee Act 1977 does not affect
any guarantee given pursuant to that Act.
Explanatory
note
This clause ensures that the guarantees given
pursuant to the Small Businesses’ Loans
Guarantee Act 1977 are not affected by the repeal of that
Act by Schedule 3.
7Regulations
(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) 2003 No 82. Second
reading speech made: Legislative Assembly, 14.11.2003; Legislative Council,
19.11.2003. Assented to 27.11.2003. Date of commencement, Schs 1 and 2
excepted, assent, sec 2 (1); date of commencement of Schs 1 and 2 (except Schs
1.6 [6] and [7], 1.7, 1.11, 1.12, 1.17 [1], 1.20, 1.21, 1.23 [2], 2.11 [2],
2.15 [3] and 2.20), assent, sec 2 (2); date of commencement of Sch 1.6 [6] and
[7], 17.11.2003, Sch 1.6 and GG No 182 of 17.11.2003, p 10639; date of
commencement of Sch 1.7, 17.11.2003, Sch 1.7 and GG No 182 of 17.11.2003, p
10639; date of commencement of Sch 1.11, 7.7.2003, Sch 1.11; date of
commencement of Sch 1.12, 30.8.2004, Sch 1.12 and GG No 83 of 14.5.2004, p
2784; date of commencement of Sch 1.17 [1], 1.7.1993, Sch 1.17; date of
commencement of Sch 1.20, 19.12.2003, Sch 1.20 and the National Environment
Protection Council Amendment Act 2002 (Commonwealth), sec
2 (3); date of commencement of Sch 1.21, 1.8.2004, Sch 1.21 and GG No 126 of
30.7.2004, p 6114; date of commencement of Sch 1.23 [2], 15.12.2003, Sch 1.23
and GG No 174 of 31.10.2003, p 10263; date of commencement of Sch 2.11 [2],
27.9.2002, Sch 2.11; date of commencement of Sch 2.15 [3], 23.2.2004, Sch 2.15
and GG No 42 of 20.2.2004, p 711; date of commencement of Sch 2.20, 30.9.2003,
Sch 2.20.