An Act to repeal certain Acts and to amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2001.
2 Commencement
(1) This Act commences on the date of assent, except as provided by subsection (2).(2) The amendments made by Schedules 1 and 2 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
3 Amendments
Each Act specified in Schedules 1, 2 and 3 is amended as set out in those Schedules.
4 Repeals
Each Act specified in Schedule 4 is, to the extent indicated in that Schedule, repealed.
5 General savings, transitional and other provisions
Schedule 5 has effect.
6 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Schedule 1 Minor amendments
(Section 3)
[1] Section 6 Appointment and procedure
Omit “9 trustees” from section 6 (1). Insert instead “11 trustees”.
[2] Schedule 1 Provisions relating to trustees and procedure of the Trust
Omit clause 9 (2) from Schedule 1.
[3] Schedule 1, clause 9 (3)
Omit “5 trustees”. Insert instead “6 trustees”.
[4] Schedule 3 Savings, transitional and other provisions
Insert at the end of the Schedule:9 Members of TrustThe amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act 2001 does not affect the appointment or term of office of a person who held office as a trustee immediately before the amendment took effect.10 Additional trustees to take office on appointmentClause 4 (5) of Schedule 1 does not apply to the initial term of a trustee appointed as a consequence of the amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act 2001.
Explanatory note
Section 6 of the Art Gallery of New South Wales Act 1980 provides that the Art Gallery of New South Wales Trust is to consist of 9 trustees appointed by the Governor on the recommendation of the Minister. Clause 9 of Schedule 1 to the Act provides that the quorum for a meeting of the Trust is 5 trustees.
Item [1] of the proposed amendments increases the number of the trustees to 11. Item [3] consequently increases the quorum for meetings of the Trust to 6 trustees.
Item [2] omits a spent provision that required the Minister to call the first meeting of the Trust by giving notice to the first 9 trustees of the Trust.
Item [4] inserts a transitional provision and also provides that the initial term of office for the additional trustees takes effect on their appointment (and not on 1 January of the year following that in which they are appointed as is the case with the other trustees).
Section 27 Audits
Insert after section 27 (4):(4A) A licensee who, during any year ending 31 March (commencing with the year ending 31 March 2002) neither received nor held any money for or on behalf of any other person, must, within 3 months after the end of the year concerned, make and lodge with the Director-General a statutory declaration to that effect.
Explanatory note
The proposed amendment requires a licensed conveyancer who has not received or held money on behalf of another person during any year ending 31 March to lodge with the Director-General of the Department of Fair Trading a statutory declaration to that effect.
[1] Sections 4 (5), 23 (1), 50 (2), 70 (1), 96A (3) (a) (i) and (8), 115B (8), 115BA (9) (a), 115BAA (3), 116E (3) and (7), 118A (2A), 118B and 121ZJ (12)
Omit “Director’s” wherever occurring. Insert instead “Director-General’s”.
[2] Section 76 Development that does not need consent
Omit “ceases to have effect in relation to land if the land becomes” from section 76 (3).Insert instead “has no effect at any time during which the land is”.
[3] Section 76A Development that needs consent
Omit “ceases to have effect in relation to development or land if the development or land becomes” from section 76A (6).Insert instead “has no effect in relation to development or land at any time during which the development or land is”.
[4] Section 76B Development that is prohibited
Insert “an environmental planning instrument provides that” after “If”.
[5] Section 76B (a)
Omit “an environmental planning instrument provides that”.
[6] Section 79B Consultation and concurrence
Omit “the Director-General” from section 79B (4) (b) wherever occurring.Insert instead “that Director-General”.
[7] Section 82A Review of determination
Insert at the end of section 82A (1) (c):, or(d) a determination made by the council under section 116E in respect of an application by the Crown.
[8] Section 112C Concurrence of or consultation with Director-General of National Parks and Wildlife if Minister is not determining authority
Omit “the Director-General’s” from section 112C (2) (a).Insert instead “that Director-General’s”.
[9] Sections 115K (6), 115L (4), (5) and (6), 115O (3) (b)
Omit “Director” wherever occurring. Insert instead “Director-General”.
[10] Section 121N Notice of right to appeal against order
Omit “or any other person affected by the order” from section 121N (a).
Explanatory note
Review of determinations
Section 82A of the Environmental Planning and Assessment Act 1979 enables a person who has applied to a local council for consent to carry out development to request a review of the council’s determination of that application (other than a determination with respect to certain matters specified in the section).
Item [7] of the proposed amendments amends section 82A of the Act to remove any suggestion that an applicant may request a council to review a determination, made in accordance with the written approval of the Minister, of a Crown application (that is, a determination under section 116E of the Act).
Appeals against orders
Section 121ZK of the Act enables a person on whom an order is served under Division 2A of Part 6 of the Act (requiring the person to do or to refrain from doing certain things specified in the Table to section 121B) to appeal against the order to the Land and Environment Court. Section 121N requires a person giving notice of such an order to inform the person receiving the notice of the rights of appeal against the order, including informing that person that he or she, or any other person affected by the order, may appeal against the order.
Item [10] of the proposed amendments amends section 121N to provide that a notice of a right to appeal against an order is consistent with the actual right of appeal under section 121ZK in that only the person receiving the order has such a right.
Statute law revision
Items [1] and [9] of the proposed amendments update references to a position.
Items [2] and [3] make it clear that provisions of the Act with respect to exempt and complying development that do not apply to development or land when it is of a particular status will again apply to the development or land once it is no longer of that status.
Item [4] corrects the ranging of section 76B by way of statute law revision to make it clear that the opening words of that section apply to paragraph (b) of the section as well as to paragraph (a). Item [5] makes a consequential amendment.
Items [6] and [8] clarify the references to the Director-General of the Department of Urban Affairs and Planning and the Director-General of National Parks and Wildlife in sections of the Act in which both Directors-General are mentioned.
Section 46 Power to correct decisions of Tribunal
Omit “senior” from section 46 (4).
Explanatory note
Section 46 of the Fair Trading Tribunal Act 1998 enables the Chairperson or the senior member of the Fair Trading Tribunal who presided at proceedings in relation to a decision to direct the Registrar of the Tribunal to correct obvious errors, such as typographical errors, in the text of a notice of a decision or statement of reasons for the decision.
The proposed amendment enables any member of the Tribunal who presided at the proceedings to give such a direction.
[1] Section 4 Definitions
Omit the definition of Aboriginal from section 4 (1). Insert instead:Aboriginal person means a person who:(a) is a member of the Aboriginal race of Australia, and(b) identifies as an Aboriginal person, and(c) is accepted by the Aboriginal community as an Aboriginal person.
[2] Section 4 (2)
Omit “Interpretation Act 1987” from the note to the subsection.Insert instead “Crimes (Sentencing Procedure) Act 1999”.
[3] Section 34C Recreational fishers required to pay fishing fee
Omit “Aboriginal (within the meaning of the Aboriginal Land Rights Act 1983)” from section 34C (2) (f).Insert instead “Aboriginal person”.
[4] Section 34E Amount of fishing fee
Renumber paragraph (a) where secondly occurring in section 34E (1) as paragraph (a1).
[5] Section 157A
Insert after section 157:157A Minister may appoint advisory council as committee(1) The Minister may, if the Minister considers it appropriate to do so, appoint any advisory council established under section 229 for the aquaculture sector of the fishing industry as either or both of the following:(a) the committee required to be appointed under section 156 (6),(b) the committee required to be appointed under section 157 (4).(2) An advisory council may be so appointed only if its membership meets the requirement of section 156 (6) or 157 (7), as the case may be, with respect to the majority of members of the committee.
[6] Schedule 5
Omit the heading to the Schedule. Insert instead:Schedule 5 Vulnerable species(Section 220C)
[7] Schedule 6
Omit the heading to the Schedule. Insert instead:Schedule 6 Key threatening processes(Section 220C)
Explanatory note
Definition of “Aboriginal”
Section 4 (Definitions) of the Fisheries Management Act 1994 provides that, in the Act, Aboriginal has the same meaning as in the Aboriginal Land Rights Act 1983. Item [1] of the proposed amendments updates the definition. Item [3] makes a consequential amendment.
Advisory council for aquaculture sector
Item [5] of the proposed amendments enables the Minister to appoint any advisory council established under section 229 of the Act for the aquaculture sector of the fishing industry as either or both of the committees required to be appointed under section 156 (6) (to advise the Minister about the level of services provided to the aquaculture industry for certain purposes and about the amount of contributions for the costs of administration directly attributable to the aquaculture industry) and section 157 (4) (to advise the Minister on the amount of contributions payable into any trust account established for annual contributions made by permit holders and the expenditure of money in the trust account). The requirements under sections 156 (6) and 157 (7) of the Act that the majority of the members of the committees be representatives of the aquaculture industry continue to apply.
Statute law revision
Item [2] of the proposed amendments updates a reference to an Act.
Item [4] of the proposed amendments corrects the duplication of a paragraph number.
Items [6] and [7] amend the headings to certain Schedules to the Act to include the enabling section reference for those Schedules.
Sections 7 (1) (a) and (2) and 8 (1) (a) and (3) (b)
Insert “or continued” after “established” wherever occurring.
Explanatory note
Sections 7 and 8 of the Freedom of Information Act 1989 define and public office as including bodies and offices established for a public purpose by or under the provisions of a legislative instrument. Section 6 (1) of the Act defines a legislative instrument as a Public Act or an instrument made under a Public Act.
The proposed amendment extends the meanings of and public office to include bodies (such as the Supreme Court of New South Wales) and offices established for a public purpose otherwise than by or under a legislative instrument but continued by or under such an instrument. The amendment does not apply the Act to the judicial functions of courts and tribunals (see section 10 of the Act).
[1] Section 22
Insert after section 21:22 RegulationsThe Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[2] Schedule 1 Constitution and procedure of Board
Omit “one of the 3 persons” from clause 2 (4).Insert instead “2 of the 3 persons”.
Explanatory note
Regulations
Item [1] of the proposed amendments inserts the usual general regulation-making power into the Law and Justice Foundation Act 2000.
Board of the Foundation
Clause 2 (1) of Schedule 1 to the Law and Justice Foundation Act 2000 provides that of the 6 members to be appointed by the Attorney General to the Board of the Law and Justice Foundation of New South Wales, 3 are to be persons who have, in the opinion of the Attorney General, special expertise. Clause 2 (4) of that Schedule provides that not more than one of those 3 persons may be a legal practitioner.
Item [2] of the proposed amendments increases, from one to 2, the number of such persons who may be legal practitioners.
[1] Section 124 Orders
Omit all the matter relating to the Dog Act 1966 from the note to section 124.
[2] Section 310A Postal votes
Omit “counted” from section 310A.Insert instead “accepted for further scrutiny”.
[3] Section 310A (a)
Insert “by the returning officer” after “received”.
[4] Section 310A (b)
Insert “the returning officer is satisfied that” before “the voter”.
[5] Chapter 16 Offences
Omit “section 56 of the Interpretation Act 1987” from the last paragraph of the Introduction to Chapter 16.Insert instead “section 17 of the Crimes (Sentencing Procedure) Act 1999”.
[6] Schedule 6 Regulations
Insert “and other” after “pecuniary” in item 19A.
Explanatory note
Postal votes
Section 310A of the Local Government Act 1993 (as proposed to be inserted by Schedule 1 [6] to the Local Government Amendment Act 2000) provides that a postal vote in an election under that Act must be “counted” if it is received before 6 pm on the first business day after the close of a poll and the voter has indicated, in accordance with the regulations, that the postal vote was completed before the close of the poll.
Item [2] of the proposed amendments replaces the word “counted” with the words “accepted for further scrutiny” to make it clear that a postal vote that is informal is not required to be included in the final count for such an election.
Items [3] and [4] of the proposed amendments make it clear that it is the returning officer who is to receive the postal vote by the required time and who must be satisfied that the voter has indicated that a postal vote was completed before the close of the poll.
Disclosure of interests
Schedule 6 to the Local Government Act 1993 lists specific matters for or in respect of which regulations may be made under the Act. Item 19A of Schedule 6 provides that regulations may be made for or with respect to the disclosure of pecuniary interests.
Section 449 of the Act requires councillors and certain other persons associated with councils to complete and lodge annual returns of interests in the form “prescribed by the regulations” rather than in the form set out in Part 1 of Schedule 3 to the Act as was previously the case. That form dealt with both pecuniary and other interests.
Item [6] of the proposed amendments adds a reference to interests other than pecuniary interests to Item 19A of Schedule 6 to make it abundantly clear that regulations may be made for or with respect to both pecuniary and other interests.
Statute law revision
Item [1] of the proposed amendments omits a reference to a repealed Act.
Item [5] of the proposed amendments updates a reference to a repealed provision.
[1] Sections 8A and 10
Omit “21A” from sections 8A (1) (a) and 10 (2) (b) wherever occurring.Insert instead “21C”.
[2] Section 12 Right to complain
Insert after section 12 (4):(4A) However, the Ombudsman:(a) may accept a complaint that is not in writing if the Ombudsman considers it appropriate to do so, and(b) in that event, must reduce the complaint to writing as soon as practicable.
[3] Section 13AA Preliminary inquiries
Insert after section 13AA (2):(3) If a complaint has been made under section 12 (whether in writing or otherwise), the Ombudsman may, by way of a preliminary inquiry with respect to the complaint, require the complainant to provide further written particulars of the complaint within the time specified by the Ombudsman.
[4] Section 31AC
Insert after section 31AB:31AC Ombudsman may furnish information to public authorityThe Ombudsman may, at any time:(a) furnish to a public authority information obtained by the Ombudsman in discharging functions under this Act with respect to a complaint against or relating to the public authority, and(b) make such comments to the authority with respect to the complaint as he or she thinks fit.
Explanatory note
Oral complaints
Item [2] of the proposed amendments amends section 12 of the Ombudsman Act 1974 so as to enable the Ombudsman to accept complaints otherwise than in writing if the Ombudsman considers it appropriate to do so. The Ombudsman is to reduce such a complaint to writing as soon as practicable.
Further written particulars
Section 13AA of the Act enables the Ombudsman to make preliminary inquiries for the purpose of deciding whether to make particular conduct of a public authority the subject of an investigation under the Act. Item [3] of the proposed amendments enables the Ombudsman, by way of a preliminary inquiry in relation to a complaint made under the Act, to require a complainant to provide further written particulars in relation to the complaint within the time specified by the Ombudsman.
Disclosure of information to public authority
Item [4] of the proposed amendments enables the Ombudsman to furnish to a public authority information obtained by the Ombudsman in discharging functions with respect to a complaint against or relating to the public authority (section 26 already enables the Ombudsman to report to the public authority if the Ombudsman has made a finding with respect to a complaint but does not extend to cases in which a finding is not made or an investigation into a complaint is not undertaken or discontinued). The proposed amendment also enables the Ombudsman to make comments to the authority regarding the complaint.
Statute law revision
Item [1] of the proposed amendments updates references to a renumbered provision.
[1] Section 29A Definitions
Omit the definitions of affiliation and .
[2] Section 29A
Insert in appropriate order:accredited taxi-cab operator means a person accredited under Division 3 for the purpose of carrying on a taxi-cab service.affiliation means the affiliation of accredited taxi-cab operators with authorised taxi-cab networks, as referred to in Division 6.
[3] Section 29A, definition of “taxi-cab network”
Omit “authorised”. Insert instead “accredited”.
[4] Sections 30 (2) (a), 31 (2), 31A, 31B (3)–(5), 31C–32, 32K (1), 33E (2), 37 (2) (a), 38 (2), 38A, 38B (3)–(5) and 38C–39
Omit “authorisation”, “authorise” and “authorised” wherever occurring.Insert instead “accreditation”, “accredit” and “accredited”, respectively.
[5] Section 30 Taxi-cab service requirements
Omit “authorised to carry on” from section 30 (1) (a).Insert instead “accredited for the purposes of carrying on”.
[6] Section 31 Accreditation
Omit “The Director-General may authorise persons to carry on taxi-cab services” from section 31 (1).Insert instead “The Director-General may accredit persons for the purpose of carrying on taxi-cab services”.
[7] Sections 31 (1) and 38 (1)
Omit “authorised” wherever occurring. Insert instead “accredited”.
[8] Section 31B Grant or refusal of application
Omit section 31B (1). Insert instead:(1) Having regard to the purpose of accreditation under this Division, the Director-General may grant an application and accredit the applicant for the purpose of carrying on a taxi-cab service, or may refuse the application.
[9] Sections 33, 33B (3) and (5), 33C, 33D (except the heading to section 33 and section 33D (1) (c)), 40, 40B (3) and (5), 40C and 40D (except the heading to section 40 and section 40D (1) (b))
Omit “authorisation” and “authorisations” wherever occurring.Insert instead “authority” and “authorities”, respectively.
[10] Section 33 Authorities
Insert “, by the issue of authorities under this Division,” after “may” in section 33 (1).
[11] Sections 33B (4) and 40B (4)
Omit “Particulars of an authorisation are” wherever occurring.Insert instead “An authority is”.
[12] Section 33C (1) and 40C (1)
Omit “the particulars of” wherever occurring.
[13] Section 33D (1) (c)
Omit “authorisation” where secondly occurring. Insert instead “authority”.
[14] Section 33F Variation, suspension or cancellation of authority
Omit “authorisation” where secondly occurring. Insert instead “authority”.
[15] Section 34E Statutory conditions regarding affiliation and service standards
Omit “authorised” wherever occurring in section 34E (1) and (4) (a).Insert instead “accredited”.
[16] Section 35A Exemptions regarding networks
Omit “authorised”. Insert instead “accredited”.
[17] Section 36A Definitions
Omit the definition of .
[18] Section 36A
Insert in alphabetical order:accredited private hire vehicle operator means a person accredited under Division 3 to carry on a private hire vehicle service.
[19] Section 37 Private hire vehicle service requirements
Omit “authorised to carry on the service” from section 37 (1) (a).Insert instead “accredited for the purpose of carrying on the service”.
[20] Section 38 Accreditation
Omit “authorise persons to carry on private hire vehicle services” from section 38 (1).Insert instead “accredit persons for the purpose of carrying on private hire vehicle services”.
[21] Section 38B Grant or refusal of application
Omit section 38B (1). Insert instead:(1) Having regard to the purpose of accreditation under this Division, the Director-General may grant an application and accredit the applicant for the purpose of carrying on a private hire vehicle service, or may refuse the application.
[22] Section 40 Authorities
Insert “, by the issue of authorities under this Division,” after “may” in section 40 (1).
[23] Section 40D (1) (b)
Omit “authorisation” where secondly occurring. Insert instead “authority”.
[24] Section 40E Variation, suspension or cancellation of authority
Omit “authorisation” where secondly occurring. Insert instead “authority”.
[25] Schedule 3 Savings and transitional provisions
Omit “authorisation” and “authorised” wherever occurring in clauses 12 and 16.Insert instead “accreditation” and “accredited” respectively.
[26] Schedule 3, clauses 13 (2) and 17 (2)
Omit “authorisation of that person” wherever occurring.Insert instead “authority”.
[27] Schedule 3, clause 19
Omit “authorisations” wherever occurring. Insert instead “authorities”.
Explanatory note
The proposed amendments to the Passenger Transport Act 1990 will ensure the amendments to that Act by the Passenger Transport Amendment Act 2000 do not replace terminology that is currently in use by providing that taxi-cab operators and private hire vehicle operators are accredited (rather than authorised) and by providing that taxi-cab drivers and private hire vehicle drivers are granted authorities (rather than authorisations).
[1] Section 8 Assistant Commissioners
Insert after section 8 (3):(4) Holder of judicial office Clause 6 of Schedule 1 applies to an Assistant Commissioner employed as referred to in section 10 (2) in the same way as it applies to the Commissioner.
[2] Schedule 1 Provisions relating to Commissioner
Insert after clause 4 (2):(3) Despite subclause (2), the person holding the office of Commissioner immediately before the commencement of this subclause may hold the office of Commissioner for terms totalling no more than 6 years.
[1] Section 38D Audit of licensees’ books and other records
Omit section 38D (2) (b). Insert instead:(b) lodge the auditor’s report on the audit with the Director-General.
[2] Section 91 Corporations
Insert “or the regulations” after “Act” wherever occurring in section 91 (2).
Explanatory note
Auditor’s reports
Section 38D (2) of the Property, Stock and Business Agents Act 1941 requires a person to whom section 38D applies (such as a licensee) to cause the books, papers, accounts and other documents relating to money held in the person’s trust account during the person’s financial year to be audited within 3 months after the end of that year. It also requires the person to lodge the auditor’s report “after … receipt from the auditor” with the Director-General of the Department of Fair Trading within that time.
Item [1] of the proposed amendments repeals and re-enacts section 38D (2) (b), removing the words quoted above, to make it abundantly clear that the person is required to obtain the report from the auditor (and lodge it with the Director-General) within the 3 month period.
Offences committed with consent of officer of body corporate
Section 91 of the Act provides that where an offence committed by a body corporate against the Act is proved to have been committed with the consent or approval of an officer of the body corporate, that officer is also guilty of an offence. Item [2] of the proposed amendments extends the operation of the section to the commission of offences against the regulations.
[1] Section 9 Disclosures to be made voluntarily
Insert after section 9 (4):(5) A disclosure made by a correctional officer, within the meaning of the Crimes (Administration of Sentences) Act 1999, is made voluntarily for the purposes of this section even if it relates to the same conduct as an allegation that the officer has made in the performance of a duty imposed on the officer by or under that Act or any other Act.
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule:4 Disclosures made by correctional officersSection 9 (5), as inserted by the Statute Law (Miscellaneous Provisions) Act 2001, applies to a disclosure made by a correctional officer even if the disclosure relates to conduct or activities engaged in, or matters arising, before the commencement of the subsection.
Explanatory note
Section 9 (1) of the Protected Disclosures Act 1994 provides that a disclosure by a public official is protected under that Act only if the disclosure is made voluntarily. Section 9 (2) states that a disclosure by a public official is not voluntary if it is made in the exercise of a duty imposed on that official by or under an Act.
Item [1] of the proposed amendments provides that a disclosure made by a correctional officer is taken to have been made voluntarily (and is therefore protected under the Act) even if the disclosure is made in relation to the same conduct or activities regarding a disclosure that is required to be made by or under the Crimes (Administration of Sentences) Act 1999 or any other Act.
Item [2] of the proposed amendments makes transitional arrangements.
[1] Section 79 Suspension or revocation of licence by appropriate regulatory authority
Insert at the end of section 79 (5) (e):(f) in the opinion of the appropriate regulatory authority, the holder of the licence is no longer a fit and proper person (as referred to in section 83).
[2] Section 83 Fit and proper persons
Omit “an applicant” from section 83 (1). Insert instead “a person”.
[3] Section 83 (1)
Insert “and section 79 (5) (f)” after “section 45 (f)”.
[4] Section 83 (1)
Omit “that section”. Insert instead “those sections”.
[5] Section 84 Date from which decision operates
Omit “or” where secondly occurring in section 84 (2).
[6] Section 84 (2)
Insert “or to attach any new conditions to, or to vary any conditions of, a suspension, revocation or surrender of a licence,” after “conditions,”.
[7] Section 93 Clean-up directions may be given orally
Insert “by the regulatory authority who gave the direction orally” after “confirmed” in section 93 (3).
[8] Section 96 Preventive action
Insert “(whether or not at premises)” after “activity” in section 96 (2) (b).
[9] Section 172 Nature of environmental audit
Omit “periodic”.
[10] Section 212B
Insert after section 212A:212B Extraterritorial applicationA notice may be given under this Chapter to a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter affects the environment of this State.
[11] Section 218 Other authorities who may also institute proceedings
Omit “Water Supply Authorities Act 1987” from section 218 (2).Insert instead “Water Management Act 2000”.
[12] Section 287 Appeals regarding licence applications and licences
Omit “licence or” from section 287 (2). Insert instead “licence,”.
[13] Section 287 (2)
Insert “or to attach any new conditions to, or to vary any conditions of, a suspension, revocation or surrender of a licence” after “licence” where lastly occurring.
[14] Section 308 Public register
Omit “granted or” from section 308 (4). Insert instead “granted,”.
[15] Section 308 (4)
Insert “or exemptions granted by the EPA under Part 9.1, being exemptions that are no longer in force” after “force”.
[16] Schedule 2 Regulation-making powers
Omit “(Section 321)”. Insert instead “(Section 323)”.
Explanatory note
Suspension or revocation of licence
Chapter 3 (sections 42–88) of the Protection of the Environment Operations Act 1997 makes provision for environmental protection licences. Section 45 lists matters that a regulatory authority (within the meaning of the Act) is to consider when exercising its licensing functions under Chapter 3, including whether a person is a fit and proper person. Section 79 (5) of the Act provides a non-exhaustive list of the grounds on which a licence can be suspended or revoked.
Item [1] of the proposed amendments adds to that list the ground that the regulatory authority considers the licensee to no longer be a fit and proper person. Items [2]–[4] make consequential amendments.
Clean-up directions
Part 4.2 (sections 91–94) of the Act provides for the issue of clean-up notices with respect to pollution incidents. Section 93 enables such a clean-up notice to be given orally but such a notice ceases to have effect 72 hours after the giving of the notice unless it is confirmed by a written clean-up notice.
Item [7] of the proposed amendments makes it clear that the regulatory authority who gave the oral notice is also to provide the written clean-up notice.
Issue of prevention notices
Section 96 of the Act makes provision for the issue of a notice to occupiers of premises or persons carrying out activities (or both) to take specified preventive action (a prevention notice) where an activity is carried out in an environmentally unsatisfactory manner.
Item [8] of the proposed amendments removes (for abundant caution) any possible argument that a notice cannot be issued to the person carrying out the activity merely because it is carried out at premises.
Definition of “environmental audit”
Chapter 6 (sections 171–183) of the Act makes provision for environmental audits. That term is defined in section 172 of the Act as a periodic documented evaluation of an activity for the particular purposes set out in that section.
Item [9] of the proposed amendments amends section 172 to remove the word “periodic” from that definition to ensure that the provisions of Chapter 6 apply to and in respect of “one-off” and occasional audits as well as those repeated at particular intervals.
Extraterritorial application
Chapter 7 (sections 184–212A) of the Act enables a regulatory authority, by notice in writing, to require a person to furnish records, information and reports in connection with any matter relating to the authority’s responsibilities and functions under the Act.
Item [10] of the proposed amendments enables such a notice with respect to a matter to be served on a person even if the person is, or the matter occurs or is located, outside New South Wales provided that the matter affects the environment of New South Wales.
Appeals
Section 81 of the Act provides that a regulatory authority may attach conditions to the suspension, revocation or surrender of a licence under the Act and may attach new conditions to, or vary or revoke any existing conditions of, a suspension, revocation or surrender. Section 287 of the Act enables a person who is aggrieved by a decision of a regulatory authority with respect to a licence (including a decision to impose conditions on a revocation, suspension or surrender of a licence) to appeal to the Land and Environment Court against the decision.
Item [13] of the proposed amendments amends section 287 so as to enable a person to appeal against a decision by a regulatory authority to attach new conditions to, or to vary any existing conditions of, a revocation, suspension or surrender of a licence. Items [5], [6] and [12] make consequential amendments.
Public register
Section 308 of the Act requires each regulatory authority under the Act to keep a public register of certain information such as details of each licence application made to, and each licence issued by, that authority. Section 308 (2) (i) in particular requires the EPA to include in its register details of any exemption granted under Part 9.1 of the Act. Section 308 (4) enables regulations to be made authorising the removal from the register of certain matters.
Item [15] of the proposed amendments amends section 308 (4) so as to enable the regulations to authorise the removal from the register kept by the EPA of exemptions that are no longer in force. Item [14] makes a consequential amendment.
Statute law revision
Item [11] of the proposed amendments updates a reference to a repealed Act.
Item [16] of the proposed amendments corrects a cross-reference.
Section 33 Annual report of Council to Parliament
Insert at the end of the section:(3) If a House of Parliament is not sitting when the Minister seeks to table the report, the Minister may present copies of the report to the Clerk of the House concerned.(4) The report:(a) on presentation and for all purposes is taken to have been laid before the House, and(b) may be printed by authority of the Clerk of the House, and(c) if printed by authority of the Clerk, is for all purposes taken to be a report published by or under the authority of the House, and(d) is to be recorded:(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, andon the first sitting day of the House after receipt of the report by the Clerk.(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
Explanatory note
Section 33 of the Radiation Control Act 1990 requires the Minister for the Environment to table the annual report of the Radiation Advisory Council before both Houses of Parliament as soon as practicable after receiving the report from the Council.
The proposed amendment amends section 33 so as to enable the Minister to table the annual report even if a House of Parliament is not sitting when the Minister seeks to do so.
[1] Section 45A
Insert after section 45:45A Tenant may apply for refund of overpaid rent(1) A tenant under a residential tenancy agreement may apply to the Tribunal for an order directing the refund of overpaid rent on the ground that the rent increase was not duly notified under section 45.(2) The Tribunal may make an order directing the refund.(3) An application under this section must be lodged no later than 12 months after the relevant notice of the rent increase was given to the tenant.
[2] Section 61 Notice of termination where agreement frustrated
Insert after section 61 (1):(1A) For so long as a residential tenancy agreement is not terminated under subsection (1) (b), then, for the purposes of subsection (1) (a):(a) the landlord and tenant may agree in writing as to the amount of rent payable, or(b) failing such agreement, either the landlord or tenant may apply to the Tribunal for an order determining the amount of rent payable.(1B) The Tribunal may, on application made under subsection (1A) (b):(a) by order, determine the amount of rent payable, from a day specified by the Tribunal, for the purposes of subsection (1) (a), and(b) order the landlord to repay to the tenant any rent paid by the tenant since the specified day that is in excess of the amount determined by the Tribunal, and(c) make such other orders with respect to the application as the Tribunal thinks fit.
Explanatory note
Repayment of overpaid rent
Item [1] of the proposed amendments enables a tenant under a residential tenancy agreement under the Residential Tenancies Act 1987 to apply to the Residential Tribunal for a refund of overpaid rent on the basis that a rent increase was not notified as required by section 45 of that Act.
Payment of rent when agreement frustrated
Section 61 of the Residential Tenancies Act 1987 provides for the abatement of rent and a right by either party to terminate a residential tenancy agreement where the agreement is frustrated (for example, the premises the subject of the agreement are destroyed or rendered partly or wholly uninhabitable).
Item [2] of the proposed amendments will:
(a) enable the landlord and tenant to agree to the amount of rent payable where the agreement is not so terminated in such circumstances, and
(b) failing such agreement, enable either party to apply to the Residential Tribunal for an order determining the amount of rent payable, and
(c) enable the Tribunal to make orders with respect to such an application, including an order with respect to the amount of rent payable by the tenant and the repayment of any rent paid by the tenant in excess of the determined amount.
Section 27 Procedure of Tribunal generally
Insert at the end of section 27 (5) (h):, and(i) may, at any stage in proceedings before it, order that the proceedings be stayed.(6) The Registrar or Deputy Registrar is to give to any party to proceedings that have been stayed under subsection (5) (i), and who was not present or represented when the proceedings were stayed, a notice that the proceedings are stayed.
Explanatory note
The Residential Tribunal, established under the Residential Tribunal Act 1998, has the power to adjourn and dismiss proceedings before it under section 27 of that Act. The proposed amendment enables the Residential Tribunal to stay proceedings before it.
[1] Section 2 Commencement
Omit “12 months” from section 2 (3). Insert instead “3 years”.
Explanatory note
Section 2 (3) of the Statute Law (Miscellaneous Provisions) Act 2000 provides that the repeal, by section 4 (2) of that Act, of the School Forest Areas Act 1936 commences on 30 June 2001. The proposed amendment postpones the date of repeal by 2 years to 30 June 2003.
[1] Section 13 Form of initial operating licence
Omit the section.
[2] Section 54 Publication of terms and conditions of customer contracts
Omit section 54 (2) and (4).
[3] Section 55 Owner of land taken to have entered into customer contract
Omit “a contract” from section 55 (2). Insert instead “a customer contract”.
[4] Section 55 (3)
Omit “, or a contact entered into in accordance with subsection (2),”.
[5] Section 59 (2)
Omit “account for service charges” from section 59 (2).Insert instead “account or bill”.
[6] Section 59 (4)
Omit “Government Pricing Tribunal”.Insert instead “Independent Pricing and Regulatory Tribunal”.
[7] Section 60 Fees and charges generally
Omit “Government Pricing Tribunal Act 1992” from section 60 (7).Insert instead “Independent Pricing and Regulatory Tribunal Act 1992”.
[8] Section 62 Occupier may pay, and recover, contract charges in certain cases
Omit “, availability charges or stormwater drainage area charges” from section 62 (2).
[9] Section 74 Notice of requirements before grant of compliance certificate
Omit “Government Pricing Tribunal Act 1992” from section 74 (3).Insert instead “Independent Pricing and Regulatory Tribunal Act 1992”.
[10] Section 93 Performance of community service obligations
Omit the section.
Explanatory note
Customer contracts
Section 55 (1) of the Sydney Water Act 1994 provides that an owner of land connected to a water or sewer main owned by Sydney Water Corporation is taken to have entered into a customer contract with the Corporation for the provision of services. Section 55 (2) provides that, if a customer contract includes terms and conditions relating to the imposition and payment of charges imposed under section 64 (Availability charges) or 65 (Stormwater drainage area charges) of the Act, a person by whom one or more of the charges are payable is taken to have entered into a contract with the Corporation on those terms and conditions.
Item [3] of the proposed amendments clarifies the operation of section 55 by making it clear that a contract taken to have been entered into under section 55 (2) is also a customer contract.
Items [4] and [8] make consequential amendments.
Accounts
Section 59 (2) of the Act requires a notice of variation of a customer contract to accompany the next account for “service” charges issued after the date of publication of the notice. However, the concept of an account for service charges is no longer used in the Act.
Item [5] of the proposed amendments updates the terminology used in section 59 (2) to refer instead to an account or bill, consistently with the terminology used elsewhere in the Act (see, for example, section 19A).
Statute law revision
Items [1], [2] and [10] omit spent provisions.
Items [6], [7] and [9] of the proposed amendments update references to an Act and a body.
Section 7 Miscellaneous functions
Insert at the end of section 7:(6) The TAFE Commission may exercise its functions under this Act within or outside the State, including outside Australia. The TAFE Commission is taken always to have had the powers conferred by this subsection.
Explanatory note
The proposed amendment enables the TAFE Commission to exercise its functions under the Technical and Further Education Commission Act 1990 outside New South Wales.
[1] The whole Act (except sections 3, 9 (2) and 20 (7) and Schedule 2)
Omit “Commissioner” wherever occurring.Insert instead “Director-General”.
[2] Section 3 Definitions
Omit the definition of Commissioner.
[3] Section 3
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Sections 9 and 20
Omit “of the Department of Fair Trading” wherever occurring in sections 9 (2) and 20 (7).
[5] Section 11 Conditions of, and restrictions on, licence
Omit “Commissioner’s” from section 11 (1) (b).Insert instead “Director-General’s”.
[6] Section 17 Annual fee and annual statement
Omit “shall” from section 17 (9). Insert instead “may”.
[7] Section 17 (9A) and (9B)
Insert after section 17 (9):(9A) The Director-General may reinstate a licence cancelled under subsection (9) but only if satisfied that there is a reasonable explanation for the failure to pay the fee or lodge the statement that resulted in the cancellation of the licence.(9B) The reinstatement of a licence does not take effect until the unpaid fee is paid or the statement is lodged, or both the fee is paid and the statement is lodged, as the case requires.
Explanatory note
Cancellation of licences
Section 17 of the Act requires the Director-General of the Department of Fair Trading to cancel the licence of a person if the person fails to pay an annual fee or lodge an annual statement as required under that section.
Item [6] of the proposed amendments gives the Director-General the discretion as to whether or not to cancel a licence in such circumstances.
Item [7] enables the Director-General to reinstate a cancelled licence if satisfied that there is a reasonable explanation for the failure to pay the fee or lodge the statement.
Statute law revision
Items [1]–[3] and [5] of the proposed amendments update references to an office holder. Item [4] makes a consequential amendment.
[1] Section 13 Membership of committee
Omit “11” from section 13 (1). Insert instead “12”.
[2] Section 32 Core provisions
Insert “and aquifer interference activity” after “controlled activity”.
[3] Section 33 Additional provisions
Insert “and aquifer interference activity” after “controlled activity”.
[4] Section 45 Amendment of bulk access regimes established by management plans
Insert “for water sharing” after “management committee” in section 45 (2).
[5] Section 60 Rules of distribution applicable to making of available water determinations
Omit “and local water utilities” from section 60 (3) (a) (i).Insert instead “, local water utilities, irrigation corporations, private irrigation boards and private water trusts”.
[6] Section 61 Granting and renewal of access licences
Insert after section 61 (4):(5) The Minister:(a) may require an applicant for an access licence to provide additional information within a specified time if of the opinion that additional information would be relevant to consideration of the application, and(b) may delay consideration of the application until the information is provided or, if the information is not provided within the time specified, may refuse to consider the application.(6) The Minister may refuse to accept an application for an access licence if it appears to the Minister that the application is incomplete.
[7] Section 83 Register of access licences
Omit section 83 (1) (c). Insert instead:(c) such legal or equitable interests in an access licence as the holder of the access licence, or the holder of any such interest in the access licence, requests to be included in the register.
[8] Section 83 (2)
Omit “an interest”. Insert instead “a legal or equitable interest”.
[9] Section 92 Applications for approvals
Omit “Subsection (6)” from section 92 (8). Insert instead “Subsection (7)”.
[10] Section 97 Grounds of refusal of certain applications
Omit “drainage work” wherever occurring in section 97 (2).Insert instead “water management work”.
[11] Section 97 (3)
Omit the subsection.
[12] Section 98 Notice of decision
Omit “a water use approval”.Insert instead “an approval that has been advertised pursuant to section 92”.
[13] Section 106 Land benefited by water use approval or water management work approval
Omit “an irrigation corporation,” from section 106 (3).Insert instead “a major utility, local water utility, irrigation corporation,”.
[14] Section 117 Definitions
Insert “, including any land included in its area of operations under Division 4 but excluding any land excluded from its area of operations under Division 5 of this Part” after “Water Act 1912” in the definition of area of operations.
[15] Section 156 Private irrigation board may apply to take over water supply works
Omit “management” from section 156 (1). Insert instead “supply”.
[16] Section 176 Determination of allocation
Omit “A board”.Insert instead “As soon as practicable after it is elected, the first board”.
[17] Section 240 Definitions
Omit “supply works” and “those works” from the definition of Fish River water supply works.Insert instead “supply scheme” and “that scheme”, respectively.
[18] Section 241 Fish River water supply scheme controlled by the Minister
Omit “supply works are”. Insert instead “supply scheme is”.
[19] Section 242 Minister may repair works
Omit “portion of the Fish River water supply works”.Insert instead “works forming part of the Fish River water supply scheme”.
[20] Section 243 Minister may supply water
Omit “supply works” from section 243 (1). Insert instead “supply scheme”.
[21] Section 244 Council not to supply outside area without consent
Omit “supply works”. Insert instead “supply scheme”.
[22] Section 246 Special areas
Omit “supply works” from section 246 (1). Insert instead “supply scheme”.
[23] Section 250 Allocation of money
Omit “the Fish River water supply works” wherever occurring in section 250 (3).Insert instead “the works forming part of the Fish River water supply scheme”.
[24] Section 288 Provisions relating to constitution and procedure of water supply authorities
Omit “Broken Hill Water Board” from section 288 (2).Insert instead “Australian Inland Energy Water Infrastructure”.
[25] Section 324 Directions concerning the production of information
Omit “on waterfront land” from section 324 (3).Insert instead “in, on or under waterfront land”.
[26] Section 332 Measures that may be specified in directions
Omit “in or on waterfront land” from section 332 (1) (c).Insert instead “in, on or under waterfront land”.
[27] Section 342 Using water without a water use approval
Omit section 342 (1). Insert instead:(1) A person must not use water on any land for any purpose otherwise than in accordance with a water use approval that authorises the use of water on that land for that purpose.
[28] Section 344 Unlawful carrying out of certain activities
Omit “on waterfront land” from section 344 (1) (a).Insert instead “in, on or under waterfront land”.
[29] Section 347 Taking water from public or private works
Insert “the Minister,” after “management of,” in section 347 (1).
[30] Section 347 (1)
Insert “the Minister,” after “authority of”.
[31] Section 364 Proceedings for offences
Insert the following note at the end of section 364 (2):Note—Subsection (2) overrides section 56 of the Justices Act 1902 in relation to offences against this Act, but not in relation to offences against the regulations. By operation of that section, proceedings for an offence against the regulations may not be commenced more than 6 months after the date on which the offence was allegedly committed.
[32] Section 368 Appeals to Land and Environment Court
Omit “landholder” from section 368 (1) (n). Insert instead “person”.
[33] Schedule 3 Water supply authorities
Omit “Broken Hill Water Board” from Part 1 of Schedule 3.
[34] Schedule 5 Constitution and procedure of water supply authorities
Omit “Broken Hill Water Board” and “Board” wherever occurring in Part 2 of Schedule 5 (except in Division 1).Insert instead “Corporation”.
[35] Schedule 5, Part 2, Division 1
Omit the Division.
[36] Schedule 5, Part 2, Division 2
Omit “Division” wherever occurring, except the heading to Division 2. Insert instead “Part”.
[37] Schedule 5, Part 2, Division 2, heading
Omit the heading.
[38] Schedule 5, clause 13 (1)
Insert in alphabetical order:Corporation means Australian Inland Energy Water Infrastructure.
[39] Schedule 5, clause 19 (3)
Omit “Board’s”. Insert instead “Corporation’s”.
[40] Schedule 5, clause 20 (4)
Omit “Broken Hill Water”.Insert instead “Australian Inland Energy Water Infrastructure”.
[41] Schedule 8 Amendment of other Acts
Omit Schedule 8.15.
[42] Schedule 8
Omit Schedule 8.29 [3]–[6].
[43] Schedule 9 Savings, transitional and other provisions
Omit Division 11 of Part 2 of the Schedule.
[44] Schedule 9
Omit the definition of transferor from clause 51 of Schedule 9. Insert instead:transferor means the person from whom any staff, assets, rights or liabilities are transferred by a transfer order.
[45] Dictionary, definition of “local water utility”
Omit “established by this Act” from paragraph (a).
[46] Dictionary, definition of “water supply work”
Omit “the Sydney Water Board, the Hunter Water Board” from paragraph (f).Insert instead “the Sydney Water Corporation, the Hunter Water Corporation”.
[47] Dictionary, definition of “water supply work”
Omit “as not being” from paragraph (g). Insert instead “not to be”.
Explanatory note
Distribution of supply (item [5])
Item [5] of the proposed amendments ensures that the same rules of distribution apply, in times of severe water shortage, in respect of irrigation corporations, private irrigation boards and private water trusts as currently apply to other suppliers of domestic and commercial water supplies.
Applications for approvals (item [6])
Item [6] of the proposed amendments ensures that the procedures that are applicable to applications for approvals under the Act are also applicable to applications for access licences.
Register of access licences (items [7] and [8])
Item [7] of the proposed amendments ensures that the interests to be recorded in the register of access licences maintained under the Act are legal and equitable interests. Item [8] makes a consequential amendment.
Water sources (items [10] and [11])
Section 97 (2) of the Act currently provides that a drainage work approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that minimal harm will be done to any water source, or its dependent ecosystems, as a consequence of the construction or use of the proposed drainage work. Section 97 (3) is a provision in relation to flood works.
Item [10] of the proposed amendments applies section 97 (2) to all water management works (that is, drainage works, flood works and water supply works). Item [11] repeals section 97 (3) in consequence of that application.
Approvals (item [13])
Item [13] of the proposed amendments ensures that major water utilities and local water utilities that hold water use approvals and water management work approvals have the same rights and obligations in relation to such approvals as other holders of the approvals.
Definitions (items [14] and [45])
Divisions 4 and 5 of Part 1 of Chapter 4 of the Act provide for the inclusion of land in, and the exclusion of land from, an irrigation corporation’s area of operations. Item [14] of the proposed amendments amends the definition of area of operations of an irrigation corporation to reflect this.
The current definition of local water utility inadvertently excludes water supply authorities that are established by Acts other than the Water Management Act 2000. Item [45] of the proposed amendments ensures that the definition will include all water supply authorities, however established.
Allocation of water for irrigation (item [16])
Section 176 (Determination of allocation) of the Act provides that a board for a private water supply and irrigation district must determine the quantity of water, if any, to be allocated for irrigation to each holding within the private irrigation district.
Item [16] of the proposed amendments makes it clear that this determination is to be made once only, when the first board is elected. (Allocations once made are fixed, subject to the provisions with respect to the subdivision of land.)
Use of water (item [27])
Item [27] of the proposed amendments makes it clear that a water use approval authorises the use of water for a specified purpose only. It does not authorise the use of water generally.
Water supply works (items [29] and [30])
Item [29] of the proposed amendments ensures that the Minister, who has the control and management of certain water supply works, has the same protections with respect to the taking of water from such works that are provided to other bodies that control and manage such works. Item [30] makes a consequential amendment.
Appeals (item [32])
Item [32] of the proposed amendments will enable any person (and not just a landholder) to whom a direction is given under Part 1 of Chapter 7 of the Act (for example, a direction to stop work where an unlawful activity is occurring) to appeal to the Land and Environment Court against the Minister’s decision to give the direction.
Statute law revision (items [1]–[4], [9], [12], [15], [17]–[24], [25], [26], [28], [31], [33], [34]–[44], [46] and [47])
Items [25], [26], [28] and [47] of the proposed amendments provide for consistency of language in the Act.
Item [1] of the proposed amendments ensures the total number of members of a management committee referred to in section 13 (1) of the Act is equal to the sum of the individual number of members referred to in section 13 (1) (a)–(g) and (i).
Items [2] and [3] of the proposed amendments insert a missing term in sections 32 and 33 of the Act for consistency with section 31 (Application of Division).
Item [4] of the proposed amendments merely reflects the fact that the only management plans that establish a bulk access regime are those that deal with water sharing.
Item [9] of the proposed amendments corrects an incorrect cross-reference.
Item [12] of the proposed amendments is consequential in an amendment made at the committee stage of the Bill for the Water Management Act 2000 that extended the advertising requirements of section 92 from water use approvals to approvals prescribed by the regulations.
Item [15] of the proposed amendments replaces an incorrect reference to a water management work in section 156 (Private irrigation board may apply to take over water supply works) of the Act with the correct reference (to a water supply work).
Items [17]–[23] and [46] of the proposed amendments update the description of a water supply scheme and 2 major utilities.
Items [24], [33], [34], [35] and [38]–[40] are consequential on the replacement of the Broken Hill Water Board by the Australian Inland Energy Water Infrastructure effected by legislation that passed through Parliament concurrently with the Bill for the Water Management Act 2000. Items [36] and [37] are consequential on item [35].
Item [31] of the proposed amendments adds a Note to section 364 (Proceedings for offences) of the Act explaining how section 364 (2) operates in conjunction with section 56 of the Justices Act 1902.
Items [41] and [42] of the proposed amendments omit provisions that duplicate certain amendments made by the Valuation of Land Amendment Act 2000.
Item [43] repeals a superfluous amendment as a result of Macquarie Generation having been added to Schedule 2 on the date on which Schedule 2 commenced.
The current definition of transferor refers only to the Ministerial Corporation. Item [44] of the proposed amendments reflects the fact that the transfer provisions to which the definition relates deal with transfers by persons and bodies other than the Ministerial Corporation.
Schedule 2 Amendments by way of statute law revision
(Section 3)
[1] The whole Act (except section 3 and Schedule 3)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Section 3 Definitions
Omit the definition of Commissioner.
[3] Section 3
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 72A Delegation by Director-General
Insert “under this Act” after “functions” in section 72A (1).
Explanatory note
The Associations Incorporation Act 1984 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.
Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [4] makes a consequential amendment.
[1] The whole Act (except section 4)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Section 4 Interpretation
Omit the definition of Commissioner.
[3] Section 4
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 25 Authority of Director-General to destroy documents
Omit “Archives Act 1960” wherever occurring.Insert instead “State Records Act 1998”.
[5] Section 31A Delegation by Director-General
Insert “under this Act” after “functions”.
Explanatory note
The Business Names Act 1962 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.
Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [5] makes a consequential amendment.
Item [4] of the proposed amendments updates a reference to a repealed Act.
Section 9 IRC and ADT may make declarations concerning prohibited persons
Insert “or” at the end of section 9 (3) (a).
Explanatory note
The proposed amendment inserts an omitted word.
Section 135 What is “out-of-home” care?
Renumber section 135 (3) (as inserted by the Statute Law (Miscellaneous Provisions) Act 2000) as section 135 (4).
Explanatory note
The proposed amendment corrects the duplication of a subsection number.
[1] Part 4 Mine inspection and safety provisions
Omit the heading to Division 4 of Part 4. Insert instead:Division 4 Inspections on behalf of workers
[2] Section 80 Electrical check inspectors
Omit “, a trade rights certificate or an indenture of electrical tradesman” from section 80 (2) (a).Insert instead “or be an electrical tradesperson”.
[3] Section 80 (2) (b)
Omit “the holder of a trade rights certificate or an indenture of electrical tradesman”.Insert instead “an electrical tradesperson”.
Explanatory note
Item [1] of the proposed amendments replaces gender-specific language with gender-neutral language.
Items [2] and [3] update terminology used in a section.
[1] The whole Act (except sections 3 and 78, the headings to sections 109B, 109D and 109E and Division 1 of Part 5A and Schedule 7)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Section 3 Definitions
Omit the definition of Commissioner from section 3 (1).
[3] Section 3 (1)
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Part 5A
Omit the heading to Division 1 of Part 5A. Insert instead:Division 1 Functions of Director-General under this Act
[5] Section 109A
Omit the section.
[6] Section 109B Functions of Director-General
Omit section 109B (1).
[7] Section 109B (2)
Insert “under this Act” before “include”.
[8] Section 109D Staff of Director-General
Insert “under this Act” after “functions”.
[9] Section 109E Delegation of functions
Omit “or any other”.
[10] Section 109G Annual report of Director-General
Insert “under this Part” before “during” in section 109G (1).
Explanatory note
The Community Land Management Act 1989 provides that the Commissioner, for the purposes of that Act, is the Director-General of the Department of Fair Trading.
Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading.
Items [4] and [6]–[8] and [10] make consequential amendments.
Item [5] consequentially omits a superfluous provision.
Section 109E of the Act currently enables the Commissioner to delegate his or her functions under the Community Land Management Act 1989 or any other Act. The functions of the Commissioner are conferred solely by that Act. Item [9] omits superfluous words with respect to the conferral of functions on the Commissioner by any other Act.
Section 4 Definitions
Omit “paragraph (d) of the definition of service provider” from the definition of community service.Insert instead “paragraph (f) of the definition of service provider”.
Explanatory note
Paragraph (d) of the definition of service provider in section 4 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 was repealed and re-enacted by the Statute Law (Miscellaneous Provisions) Act 1996 as paragraph (f) of the definition. The proposed amendment updates a cross-reference to that paragraph.
Section 10 Duty on death of members
Renumber section 10 (1) (a) and (b) (where secondly occurring), (c) and (d) as section 10 (1) (c), (d), (e) and (f) respectively.
Explanatory note
The proposed amendment corrects the duplication of paragraph identifiers.
Section 8 Conferral of judicial functions
Omit “Commercial Tribunal” wherever occurring.Insert instead “Fair Trading Tribunal”.
Explanatory note
The proposed amendment updates references to a Tribunal which has been abolished.
[1] Schedule 8B Rights and obligations implied in certain easements
Renumber clauses 7–14 as clauses 1–8, respectively.
[2] Schedule 8B, clause 5 (as renumbered by item [1])
Omit “subsection (1)” from clause 5 (2). Insert instead “subclause (1)”.
Explanatory note
Item [1] of the proposed amendments renumbers inappropriately numbered clauses in a Schedule.
Item [2] of the proposed amendments corrects an incorrect reference to a subclause.
[1] Section 3 Definitions
Omit “profit and loss accounts and balance sheets” from the definition of accounts.Insert instead “statements of financial performance and statements of financial position”.
[2] Section 3 (1), definition of “accounts”
Omit “accounts or balance sheets”. Insert instead “statements”.
[3] The whole Act (except as otherwise amended by this Act)
Omit “profit and loss account”.Insert instead “statement of financial performance”.
[4] The whole Act (except as otherwise amended by this Act)
Omit “balance sheet”. Insert instead “statement of financial position”.
[5] Section 134 Directors’ reports
Renumber section 134 (6) (a) and (b) (where secondly occurring) as section 134 (6) (d) and (e).
[6] Sections 135 and 143
Omit “Profit and loss account and balance sheet” wherever occurring.Insert instead “Statement of financial performance and statement of financial position”.
Explanatory note
Items [1], [2]–[4] and [6] of the proposed amendments update references to financial statements.
Item [5] of the proposed amendments corrects the duplication of paragraph identifiers.
[1] The whole Act (except section 5 (1))
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[2] Sections 3 (4), 11 (3), 21 (1), 24 (2) (b) and (5) (c), 102 (4), 107 (6), 112 (2), 114 (1) (a), 117 (5) (c), 132 (4), 139 (2), 140 (1) and 164 (3)
Insert “or she” after “he” wherever occurring.
[3] Section 5 Definitions
Omit the definition of Commissioner from section 5 (1).
[4] Section 5 (1)
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[5] Section 5 (1), definition of “credit”
Omit “him”. Insert instead “the debtor”.
[6] Section 5 (1), definition of “credit provider”
Omit “him” wherever occurring. Insert instead “that person”.
[7] Section 5 (1), definition of “default charge”
Omit “his failure to fulfil his”.Insert instead “the debtor’s failure to fulfil his or her”.
[8] Section 5 (1), definition of “guarantor”
Omit “his”. Insert instead “the debtor’s or mortgagor’s”.
[9] Section 5 (1), definition of “loan contract”
Omit “him” wherever occurring. Insert instead “the person”.
[10] Section 5 (1), definition of “services”
Omit “him or them”. Insert instead “that or those other persons”.
[11] Sections 11 (1) (a) and 62 (1) and (3)
Omit “his” wherever occurring. Insert instead “the credit provider’s”.
[12] Section 13 Contracts for hiring goods
Omit “him” wherever occurring in section 13 (2) (b) and (4).Insert instead “that person”.
[13] Sections 13 (3) (f), 22, 29 (except 29 (b)) and 117 (3) and (5) (except (5) (c))
Omit “him” and “he” wherever occurring. Insert instead “the supplier”.
[14] Section 17 Recognised States
Omit “he is”.
[15] Sections 24 (2) (a) and (b) (except (b) (i)) and (10), 48 (2) (a), 69 (1) (a), 74 (1), 81 (1) (3) and (6), 95 (2) and (4), 98 (1), 102 (2), 105, 110 (1), 113 (1) and (2), 118, 128 (2) (b), 139 (2), 147 (2) (e), 150 (1), 164 (1) (a) and (3)
Insert “or her” after “him” and “his” wherever occurring.
[16] Section 24 (2) (b) (i)
Omit “his”.
[17] Sections 24 (4) and (13) and 25 (3) (c)
Omit “he” or “him” wherever occurring. Insert instead “the buyer”.
[18] Section 29 (b)
Omit “him”. Insert instead “the credit provider”.
[19] Section 32 Form of offer
Omit “his” wherever occurring in section 32 (3) and (4).Insert instead “the person’s”.
[20] Sections 32 (5), 117 (2), 121 (1) and 156
Omit “him” and “he” wherever occurring. Insert instead “the person”.
[21] Sections 42 (2), 47 (1), 59 (2), 62 (1) (a) and (4) and 85 (1)
Omit “he” and “him” wherever occurring. Insert instead “the debtor”.
[22] Sections 45 (2), 46, 56, 57 (1), 63, 64 (2), 68 (2), 70 (4), 71 (4), 86 (1) and 104 (2)
Omit “he” and “him” wherever occurring. Insert instead “the credit provider”.
[23] Sections 49 (3) (a) and 59 (2)
Omit “his” wherever occurring. Insert instead “the debtor’s”.
[24] Section 62 (4) (a)
Insert “or her” after “his”.
[25] Sections 70 (6) and 136
Omit “he”. Insert instead “the guarantor”.
[26] Section 74 (1)
Omit “he reasonably expects that he”.Insert instead “the debtor reasonably expects that he or she”.
[27] Sections 74 (3), 116 (4) and 139 (4)
Omit “he”. Insert instead “the Director-General”.
[28] Sections 81 (1) (b), 114 (1) (except 114 (1) (a)), 115 (3) and (6) and 128 (2) (b)
Omit “he” wherever occurring. Insert instead “the mortgagee”.
[29] Sections 94 (1), 95 (1), 113 (4) and 115 (1) and (6)
Omit “his” wherever occurring. Insert instead “the mortgagee’s”.
[30] Section 96 Disclosure of location of goods
Omit “his” from section 96 (2) (b). Insert instead “the mortgagor’s”.
[31] Sections 98 (2), 99 (1) and (2), 115 (5) (except 115 (5) (b))
Omit “him” wherever occurring. Insert instead “the mortgagor”.
[32] Section 104 (3)
Omit “he”. Insert instead “the debtor or guarantor concerned”.
[33] Sections 106 (4) (b), 112 (2) and 115 (5) (b)
Omit “him” wherever occurring. Insert instead “the mortgagee”.
[34] Section 107 (8)
Omit “him”. Insert instead “the debtor or mortgagor concerned”.
[35] Section 116 Postponement of exercise of rights
Omit “his” from section 116 (1).Insert instead “the credit provider’s or mortgagee’s”.
[36] Section 116 (3)
Omit “he”. Insert instead “the debtor or mortgagor”.
[37] Section 116 (4)
Omit “him”. Insert instead “the credit provider or mortgagee”.
[38] Section 121 (3)
Omit “he” where firstly occurring. Insert instead “the person”.
[39] Section 121 (3)
Insert “or she” after “he” where secondly occurring.
[40] Sections 126 and 153
Omit “he” wherever occurring.Insert instead “the credit provider or mortgagee concerned”.
[41] Section 127 Insurance—regulated contracts
Omit “his providing” from section 127 (2). Insert instead “the provision of”.
[42] Section 128 (4)
Omit “he” wherever occurring. Insert instead “the mortgagor”.
[43] Section 131 Premiums to be paid to insurer
Omit “him”. Insert instead “the insurer”.
[44] Section 147 (3)
Omit “he represented him, or assisted him”.Insert instead “the person represented the debtor or the mortgagor or assisted the debtor or the mortgagor”.
[45] Section 150 (2)
Omit “his” where firstly and thirdly occurring. Insert instead “the person’s”.
[46] Section 150 (2)
Insert “or her” after “his” where secondly occurring.
[47] Section 150 (2)
Omit “he” wherever occurring. Insert instead “the person”.
[48] Section 150 (2)
Omit “him”. Insert instead “the assignor”.
[49] Section 156
Insert “or her” after “his” where firstly and lastly occurring.
[50] Section 156
Omit “his” where secondly occurring. Insert instead “the person’s”.
[51] Section 160 Offence by corporation
Omit “he”.Insert instead “the director, manager, secretary or other officer concerned”.
Explanatory note
The proposed amendments update references to an office holder and replace gender specific terms with gender neutral terms.
Section 4 Definitions
Omit the definition of Commissioner from section 4 (1).
Explanatory note
The proposed amendment omits a superfluous definition.
[1] The whole Act (except section 4)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[2] Section 4 Definitions
Omit the definition of Commissioner.
[3] Section 4
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
Explanatory note
The Credit (Home Finance Contracts) Act 1984 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.
The proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading.
Section 19A Punishment for murder
Omit “section 442” from section 19A (3).Insert instead “section 21 (1) of the Crimes (Sentencing Procedure) Act 1999”.
Explanatory note
The proposed amendment updates a reference to a repealed provision.
Schedule 1 Indictable offences triable summarily
Renumber paragraph 31 (as inserted by the Crimes Legislation Further Amendment Act 2000) in Part 6 of Table 1 as paragraph 30A.
Explanatory note
The proposed amendment corrects the duplication of a paragraph number.
Section 3 Certain Acts not affected
Omit “Unclaimed Money Act 1982” from section 3 (1).Insert instead “Unclaimed Money Act 1995”.
Explanatory note
The proposed amendment updates a reference to an Act.
Section 9 Definitions
Renumber paragraphs (a), (b) and (c) (where secondly occurring) and (d), (e), (f), (g) and (h) of the definition of engine in section 9 (1) as paragraphs (d), (e), (f), (g), (h), (i), (j) and (k) respectively.
Explanatory note
The proposed amendment corrects the duplication of paragraph identifiers.
[1] The whole Act (except to the extent to which its provisions are otherwise amended or repealed by this Act)
Omit “Registrar” and Registrar’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Section 4 Definitions
Omit the definitions of Deputy Registrar and Registrar.
[3] Section 4
Insert in alphabetical order:Department means the Department of Fair Trading.Director-General means the Director-General of the Department.
[4] Section 6
Omit the section. Insert instead:6 DocumentsAll documents lodged under this Act with the Director-General are to be kept in an office of the Department.
[5] Section 7
Omit the section.
[6] Section 9 Delegation
Insert “under this Act” after “functions” in section 9 (1).
[7] Section 9 (1)
Omit “Registrar’s office”. Insert instead “Department”.
[8] Section 74 Application of Companies (New South Wales) Code
Omit “Registrar of Funeral Funds” and “Registrar” wherever occurring.Insert instead “Director-General of the Department of Fair Trading”.
[9] Section 88 Inspection of documents
Omit “the Registrar’s office”. Insert instead “an office of the Department”.
[10] Section 88 (b)
Omit “and seal”.
Explanatory note
The functions of both the Registrar and the Deputy Registrar under the Funeral Funds Act 1979 are exercised by the Director-General of the Department of Fair Trading.
Items [1]–[3] and [7]–[9] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading and replaces references to the Registrar’s Office with references to the Department of Fair Trading. Item [6] makes a consequential amendment.
Items [5] and [10] make consequential amendments by omitting a superfluous provision and words.
Item [4] of the proposed amendments omits superfluous parts of a section and consequentially restates the remaining operative part of the section.
Section 5 Proof of previous conviction and imprisonment
Omit “Director-General of Corrective Services” wherever occurring in section 5 (2).Insert instead “Commissioner of Corrective Services”.
Explanatory note
The proposed amendment updates a reference to an office holder.
Section 10 Functions of area health services
Omit “with” where secondly occurring in section 10 (j). Insert instead “under”.
Explanatory note
The proposed amendment replaces an incorrect word.
Section 7 Dogs can be impounded in certain areas only
Omit “Dog Act 1966” from the note to section 7.Insert instead “Companion Animals Act 1998”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
[1] Section 11 Investigations and reports by Tribunal—standing reference
Insert “the determination of” before “the proportion” in section 11 (3) (a) and (b).
[2] Section 11 (3) (c)
Insert “the determination of” before “the repayment”.
[3] Schedule 4 Savings and transitional provisions
Omit “with the respect” from clause 10 (1). Insert instead “with respect”.
Explanatory note
Items [1] and [2] of the proposed amendments makes the language of section 11 (3) consistent with language used elsewhere in the Independent Pricing and Regulatory Tribunal Act 1992.
Item [3] of the proposed amendments omits a superfluous word.
Dictionary
Omit the definition of penalty unit. Insert instead:penalty unit see section 17 of the Crimes (Sentencing Procedure) Act 1999.
Explanatory note
The proposed amendment updates a reference to a repealed provision.
Section 48E Direction to witness to attend
Omit “that Act” wherever occurring in section 48E (9).Insert instead “the Crimes Act 1900”.
Explanatory note
The proposed amendment updates references to an Act.
[1] Section 20 Class 4—environmental planning and protection and development contract civil enforcement
Renumber paragraph (cii) of section 20 (1) as paragraph (cia).
[2] Section 20 (1) (de)
Omit “64”. Insert instead “63”.
Explanatory note
Item [1] of the proposed amendments corrects the numbering of a paragraph.
Item [2] of the proposed amendments corrects a cross-reference.
[1] Section 36 Certain payments prohibited
Renumber section 36 (1) (b) (i), (ii) and (iii) (where secondly occurring) as section 36 (1) (b) (A), (B) and (C) respectively.
[2] Section 70 Court to consider hardship
Renumber section 70 (2A) (a) and (b) (where secondly occurring) as section 70 (2A) (d) and (e).
Explanatory note
The proposed amendments correct the duplication of paragraph identifiers.
Parts 4, 10 and 11
Omit the headings to the Parts.
Explanatory note
The proposed amendment omits redundant Part headings.
[1] Schedule 2 Membership of Board
Omit “section 8 (1) (a)” from the definition of Chairperson in clause 1.Insert instead “section 14 (2) (b) (i)”.
[2] Schedule 2, clause 1
Omit “commissioner does not include the Chief Executive Officer.”Insert instead:member of the Board does not include the Chief Executive Officer.
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Item [2] of the proposed amendments replaces a reference to a commissioner with a reference to a member of the Board (of the Legal Aid Commission).
Both amendments are consequential on the amendment of the Legal Aid Commission Act 1979 by the Legal Aid Commission Amendment Act 2000 (which, among other things, constituted the Board).
Section 65 Publication of abstract of Act and general rules and copy of special rules
Renumber section 65 (a) and (b) (where secondly occurring) as section 65 (c) and (d).
Explanatory note
The proposed amendment corrects the duplication of paragraph identifiers.
Schedule 3 The Geological and Mining Museum
Omit the Schedule.
Explanatory note
The Mining and Petroleum Legislation Amendment Act 2000 repealed Part 16 of the Mining Act 1992. That Part established the Geological and Mining Museum Trust which no longer functioned at the time of that repeal.
The proposed amendment repeals redundant provisions of the Mining Act 1992 that provide for the constitution and procedure of the Trust.
Section 8 Dedication as Crown reserves under Crown Lands Act 1989 of certain former State forests, Crown land and other land
Omit section 8 (3). Insert instead:(3) The National Parks and Wildlife Reserve Trust established under section 9 of the Forestry and National Park Estate Act 1998 is appointed as trustee of the reserve consisting of all of the land described in Schedule 4.
Explanatory note
Section 8 (3) of the National Park Estate (Southern Region Reservations) Act 2000 provides for the establishment of a National Parks and Wildlife Reserve Trust, under the control of the Director-General of National Parks and Wildlife, as the trustee of the land described in Schedule 4 to that Act. A trust by that name is also established by section 9 of the Forestry and National Park Estate Act 1998 as trustee of similar land. The proposed amendment clarifies that there are not 2 separate trusts but only one trust by that name.
Section 82 Power to take temporary possession of land
Renumber section 82 (1) (a), (b) and (c) (where secondly occurring) and (d) as section 82 (1) (d), (e), (f) and (g) respectively.
Explanatory note
The proposed amendment corrects the duplication of paragraph identifiers.
Schedule 2 Election or appointment of directors
Insert “subject to subclause (2),” before “the person” in clause 4 (1A) (a).
Explanatory note
The proposed amendment makes it explicit that clause 4 (2) of Schedule 2 to the Rural Lands Protection Act 1998 (which provides that a director of a rural lands protection board is, if otherwise qualified, eligible for re-election or re-appointment for a further term at the conclusion of his or her term of office) has effect according to its terms and is not rendered inoperative by an extended interpretation of a provision that has been inserted into the Act (namely clause 4 (1A) of Schedule 2) to prevent a person holding more than one office of director concurrently on the same rural lands protection board or holding offices as director concurrently on more than one rural lands protection board.
Section 22 Preservation of proclaimed works
Renumber section 22 (4) (a) and (b) (where secondly occurring) as section 22 (4) (e) and (f).
Explanatory note
The proposed amendment corrects the duplication of paragraph identifiers.
[1] Schedule 6 Provisions to be included in memorandum or articles of association of statutory SOCs
Insert “of any requirement” after “contravention” in clause 3 (2) of Part 2 of the Schedule.
[2] Schedule 7 Provisions to be included in memorandum or articles of association of subsidiaries of statutory SOCs
Insert “of any requirement” after “contravention” in clause 3 (2) of Part 2 of the Schedule.
Explanatory note
The proposed amendments insert omitted words.
Schedule 2 Public offices
Omit “Director-General of Corrective Services” and “Deputy Director-General of Corrective Services” from Part 1.Insert instead “Commissioner of Corrective Services” and “Deputy Commissioner of Corrective Services” respectively.
Explanatory note
The proposed amendment updates references to office holders.
[1] The whole Act (except sections 5, 28QC (5), 28QE (c), 49 and 91 and Schedule 4)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[2] Section 5 Definitions
Omit the definition of Commissioner from section 5 (1).
[3] Section 5 (1)
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 28QC Investigation of application for assistance
Omit section 28QC (5). Insert instead:(5) On completion of an investigation by a delegate of the Director-General of an application, the delegate must report to the Director-General on the results of the investigation.
[5] Section 28QE Application of Fair Trading Act 1987 to applications for assistance
Omit “under section 98 of this Act” from section 28QE (b).
[6] Section 28QE (c)
Omit the paragraph.
Explanatory note
Items [1]–[3] of the proposed amendments update references to an office holder.
Items [4] and [6] make consequential amendments.
Item [5] of the proposed amendments omits a reference to a repealed section.
[1] The whole Act (except sections 4, 57AC (5), 57AE (c), 78 and 123 and Schedule 5)
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[2] Section 4 Definitions
Omit the definition of Commissioner from section 4 (1).
[3] Section 4 (1)
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[4] Section 57AC Investigation of application for assistance
Omit section 57AC (5). Insert instead:(5) On completion of an investigation by a delegate of the Director-General of an application, the delegate must report to the Director-General on the results of the investigation.
[5] Section 57AE Application of Fair Trading Act 1987 to application for assistance
Omit section 57AE (c).
Explanatory note
Items [1]–[3] of the proposed amendments update references to an office holder.
Item [4] repeals and re-enacts a provision in consequence of the update.
Item [5] omits a superfluous provision.
[1] The whole Act (except Schedule 4 and the Dictionary)
Omit “Commissioner” and “Commissioner’s” wherever occurring.Insert instead “Director-General” and “Director-General’s” respectively.
[2] Chapter 5 Disputes and orders of Adjudicators and Board
Omit “Strata Schemes Commissioner” from the Introductory note to Part 2 of Chapter 5.Insert instead “Director-General”.
[3] Section 205 Payment of penalties or costs
Omit “of the Department of Fair Trading” wherever occurring.
[4] Chapter 6 Administration
Omit “a Strata Schemes Commissioner and for” from the Introductory note to Chapter 6.
[5] Chapter 6, Part 1
Omit the heading to Part 1. Insert instead:Part 1 Functions of Director-General under this Act
[6] Section 211 Strata Schemes Commissioner
Omit the section.
[7] Section 213 Staff
Insert “under this Act” after “functions”.
[8] Section 214 Delegation of functions
Omit “or any other”.
[9] Section 212 Functions of Director-General
Omit section 212 (1).
[10] Section 212 (2)
Insert “under this Act” before “include”.
[11] Section 216 Annual report of Director-General
Insert “under this Act” before “during” in section 216 (1).
[12] Chapter 7 General
Omit “Commissioner” from the Introductory note to Chapter 7.Insert instead “Director-General”.
[13] Dictionary
Omit the definition of Commissioner.
[14] Dictionary
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
Explanatory note
Items [1], [13] and [14] of the proposed amendments update references to an office holder. Items [2]–[5] and [7]–[12] make consequential amendments.
Item [6] omits a superfluous provision.
Section 14 Power of board to deal with offences
Renumber section 14 (1) (i) (where secondly occurring) and (ii) as section 14 (1) (j) and (k).
Explanatory note
The proposed amendment corrects paragraph identifiers.
Sections 37, 38 and 46
Omit “section 56 of the Interpretation Act 1987” from the notes to the sections.Insert instead “section 17 of the Crimes (Sentencing Procedure) Act 1999”.
Explanatory note
The proposed amendment updates a reference to a repealed provision.
[1] Section 3 Definitions
Omit the definition of Commissioner from section 3 (1).
[2] Section 3
Insert in alphabetical order:Director-General means the Director-General of the Department of Fair Trading.
[3] Sections 4, 8, 20 and 25
Omit “Commissioner” wherever occurring. Insert instead “Director-General”.
[4] Section 5 Superintendent and other staff
Insert “, for the purposes of this Act,” after “use” in section 5 (2).
Explanatory note
The Trade Measurement Administration Act 1989 defines Commissioner, for the purposes of that Act, as the Director-General of the Department of Fair Trading.
Items [1]–[3] of the proposed amendments replace references to the Commissioner with direct references to the Director-General of the Department of Fair Trading. Item [4] makes a consequential amendment.
[1] Section 19F Powers of RIC relating to rail infrastructure facilities and land
Omit “RAC”. Insert instead “RIC”.
[2] Schedule 6A Powers of RIC relating to rail infrastructure facilities and land
Omit “RAC’s” from clauses 3 (1) (b), 8 (1) (d) and (e) and (5) (b) wherever occurring.Insert instead “RIC’s”.
Explanatory note
The proposed amendments update references to a statutory body.
Second and Third Schedules
Omit “IOOF Australia Trustees (N.S.W.) Limited” wherever occurring.Insert instead “Tower Trust (NSW) Limited”.
Explanatory note
The proposed amendments are consequential on the change of name of a company.
Sections 6, 14 and 29
Omit “Unclaimed Money Act 1982” wherever occurring in the sections.Insert instead “Unclaimed Money Act 1995”.
Explanatory note
The proposed amendment updates references to a repealed Act.
Schedule 4 Savings, transitional and other provisions
Omit “this Act” from clause 1 (2). Insert instead “the Act concerned”.
Explanatory note
The proposed amendment amends a provision concerning the effect of regulations of a savings or transitional nature made under the University of Western Sydney Act 1997.
The amendment is consequential on the enactment of an additional Act under which such regulations may be made.
[1] Section 19 Removal of name of real estate valuer from register
Omit “temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act”.Insert instead “a protected person within the meaning of the Protected Estates Act 1983 or a temporary patient, a continued treatment patient or a forensic patient within the meaning of the Mental Health Act 1990”.
[2] Section 30 Regulations
Omit “14 (b),” from section 30 (4).
[3] Section 30A Provision relating to Valuers Registration Regulation
Omit the section.
Explanatory note
Item [1] of the proposed amendments updates references to terminology and to a repealed Act.
Item [2] of the proposed amendments omits a redundant cross-reference.
Item [3] of the proposed amendments omits a spent provision.
Section 77B Directions for compensation
Insert “of the Crimes (Sentencing Procedure) Act 1999” after “Part 3” in section 77B (1).
Explanatory note
The proposed amendment inserts omitted words.
Schedule 3 Amendments to facilitate implementation of SGML as a markup language for legislation
(Section 3)
[1] Schedule 1 State forest reserved as national park or historic site or dedicated as nature reserve
Renumber Parts 1.1, 1.2, 1.5, and 1.6 as clauses 1, 2, 5 and 6 and add a colon and the subheading with respect to each existing Part to the end of the clause headings as renumbered.
[2] Schedule 1, Part 1.3
Renumber the Part as clause 3 and number the subheadings in clause 3 (as renumbered) as subclauses (1)–(14).
[3] Schedule 1, Part 1.4
Renumber the Part as clause 4 and number the subheadings in clause 4 (as renumbered) as subclauses (1)–(4).
[4] Schedule 1, Part 2.1
Renumber the Part as clause 7 and number the subheadings in clause 7 (as renumbered) as subclauses (1)–(3).
[5] Schedule 1
Renumber Parts 2.2, 2.4, 2.5, 2.7, 2.9–2.12, 2.14–2.18, 2.20, 2.23–2.33, 2.36–2.38, 2.41–2.43, 2.48, 2.50, 2.51, 2.54, 2.56, 2.57, 2.59, 2.62, 2.64 and 2.65 as clauses 8, 10, 11, 13, 15–18, 20–24, 26, 29–39, 42–44, 47–49, 54, 56, 57, 60, 62, 63, 65, 68, 70 and 71 and add a colon and the subheading with respect to each existing Part to the end of the clause headings as renumbered.
[6] Schedule 1, Part 2.3
Renumber the Part as clause 9 and number the subheadings in clause 9 (as renumbered) as subclauses (1)–(3).
[7] Schedule 1, Part 2.6
Renumber the Part as clause 12 and number the subheadings in clause 12 (as renumbered) as subclauses (1)–(5).
[8] Schedule 1, Part 2.8
Renumber the Part as clause 14 and number the subheadings in clause 14 (as renumbered) as subclauses (1) and (2).
[9] Schedule 1, Part 2.13
Renumber the Part as clause 19 and number the subheadings in clause 19 (as renumbered) as subclauses (1) and (2).
[10] Schedule 1, Part 2.19
Renumber the Part as clause 25 and number the subheadings in clause 25 (as renumbered) as subclauses (1)–(4).
[11] Schedule 1, Part 2.21
Renumber the Part as clause 27 and number the subheadings in clause 27 (as renumbered) as subclauses (1)–(3).
[12] Schedule 1, Part 2.22
Renumber the Part as clause 28 and number the subheadings in clause 28 (as renumbered) as subclauses (1) and (2).
[13] Schedule 1, Part 2.34
Renumber the Part as clause 40 and number the subheadings in clause 40 (as renumbered) as subclauses (1) and (2).
[14] Schedule 1, Part 2.35
Renumber the Part as clause 41 and number the subheadings in clause 41 (as renumbered) as subclauses (1)–(4).
[15] Schedule 1, Part 2.39
Renumber the Part as clause 45 and number the subheadings in clause 45 (as renumbered) as subclauses (1)–(5).
[16] Schedule 1, Part 2.40
Renumber the Part as clause 46 and number the subheadings in clause 46 (as renumbered) as subclauses (1) and (2).
[17] Schedule 1, Part 2.44
Renumber the Part as clause 50 and number the subheadings in clause 50 (as renumbered) as subclauses (1) and (2).
[18] Schedule 1, Part 2.45
Renumber the Part as clause 51 and number the subheadings in clause 51 (as renumbered) as subclauses (1)–(5).
[19] Schedule 1, Part 2.46
Renumber the Part as clause 52 and number the subheadings in clause 52 (as renumbered) as subclauses (1)–(7).
[20] Schedule 1, Part 2.47
Renumber the Part as clause 53 and number the subheadings in clause 53 (as renumbered) as subclauses (1)–(3).
[21] Schedule 1, Part 2.49
Renumber the Part as clause 55 and number the subheadings in clause 55 (as renumbered) as subclauses (1) and (2).
[22] Schedule 1, Part 2.52
Renumber the Part as clause 58 and number the subheadings in clause 58 (as renumbered) as subclauses (1)–(3).
[23] Schedule 1, Part 2.53
Renumber the Part as clause 59 and number the subheadings in clause 59 (as renumbered) as subclauses (1) and (2).
[24] Schedule 1, Part 2.55
Renumber the Part as clause 61 and number the subheadings in clause 61 (as renumbered) as subclauses (1)–(3).
[25] Schedule 1, Part 2.58
Renumber the Part as clause 64 and number the subheadings in clause 64 (as renumbered) as subclauses (1) and (2).
[26] Schedule 1, Part 2.60
Renumber the Part as clause 66 and number the subheadings in clause 66 (as renumbered) as subclauses (1) and (2).
[27] Schedule 1, Part 2.61
Renumber the Part as clause 67 and number the subheadings in clause 67 (as renumbered) as subclauses (1)–(3).
[28] Schedule 1, Part 2.63
Renumber the Part as clause 69 and number the subheadings in clause 69 (as renumbered) as subclauses (1)–(3).
[29] Schedule 1
Renumber Parts 3.1, 3.2, 3.4–3.7, 3.9–3.16, 3.19, 3.21, 3.22, 3.25–3.27, 3.32–3.34, 3.38, 3.40–3.43, 3.45–3.47 and 3.50 as clauses 72, 73, 75–78, 80–87, 90, 92, 93, 96–98, 103–105, 109, 111–114, 116–118 and 121 and add a colon and the subheading with respect to each existing Part to the end of the clause headings as renumbered.
[30] Schedule 1, Part 3.3
Renumber the Part as clause 74 and number the subheadings in clause 74 (as renumbered) as subclauses (1) and (2).
[31] Schedule 1, Part 3.8
Renumber the Part as clause 79 and number the subheadings in clause 79 (as renumbered) as subclauses (1) and (2).
[32] Schedule 1, Part 3.17
Renumber the Part as clause 88 and number the subheadings in clause 88 (as renumbered) as subclauses (1) and (2).
[33] Schedule 1, Part 3.18
Renumber the Part as clause 89 and number the subheadings in clause 89 (as renumbered) as subclauses (1) and (2).
[34] Schedule 1, Part 3.20
Renumber the Part as clause 91 and number the subheadings in clause 91 (as renumbered) as subclauses (1)–(4).
[35] Schedule 1, Part 3.23
Renumber the Part as clause 94 and number the subheadings in clause 94 (as renumbered) as subclauses (1)–(3).
[36] Schedule 1, Part 3.24
Renumber the Part as clause 95 and number the subheadings in clause 95 (as renumbered) as subclauses (1) and (2).
[37] Schedule 1, Part 3.28
Renumber the Part as clause 99 and number the subheadings in clause 99 (as renumbered) as subclauses (1)–(3).
[38] Schedule 1, Part 3.29
Renumber the Part as clause 100 and number the subheadings in clause 100 (as renumbered) as subclauses (1) and (2).
[39] Schedule 1, Part 3.30
Renumber the Part as clause 101 and number the subheadings in clause 101 (as renumbered) as subclauses (1) and (2).
[40] Schedule 1, Part 3.31
Renumber the Part as clause 102 and number the subheadings in clause 102 (as renumbered) as subclauses (1) and (2).
[41] Schedule 1, Part 3.35
Renumber the Part as clause 106 and number the subheadings in clause 106 (as renumbered) as subclauses (1) and (2).
[42] Schedule 1, Part 3.36
Renumber the Part as clause 107 and number the subheadings in clause 107 (as renumbered) as subclauses (1)–(3).
[43] Schedule 1, Part 3.37
Renumber the Part as clause 108 and number the subheadings in clause 108 (as renumbered) as subclauses (1) and (2).
[44] Schedule 1, Part 3.39
Renumber the Part as clause 110 and number the subheadings in clause 110 (as renumbered) as subclauses (1) and (2).
[45] Schedule 1, Part 3.44
Renumber the Part as clause 115 and number the subheadings in clause 115 (as renumbered) as subclauses (1)–(5).
[46] Schedule 1, Part 3.48
Renumber the Part as clause 119 and number the subheadings in clause 119 (as renumbered) as subclauses (1)–(6).
[47] Schedule 1, Part 3.49
Renumber the Part as clause 120 and number the subheadings in clause 120 (as renumbered) as subclauses (1) and (2).
[48] Schedule 1, Part 3.51
Renumber the Part as clause 122 and number the subheadings in clause 122 (as renumbered) as subclauses (1)–(3).
[49] Schedule 2 Crown lands reserved as national park or dedicated as nature reserve
Renumber Parts 1.1–1.6 of Schedule 2 as clauses 1–6.
[50] Schedule 3 Parts of State forests set apart as flora reserves under Forestry Act 1916
Renumber Parts 1.1–1.6 of Schedule 3 as clauses 1–6.
[51] Schedule 3, Parts 2.1–2.5
Renumber the Parts as clauses 7–11.
[52] Schedule 3, Part 3.1
Renumber the Part as clause 12.
[53] Schedule 4 State forests dedicated as Crown reserves under Crown Lands Act 1989
Omit:Part Yurammie State Forest No 133Insert instead:1 Part Yurammie State Forest No 133
[54] Schedule 4, Part 2.1
Renumber the Part as clause 2 and number the subheadings in clause 2 (as renumbered) as subclauses (1) and (2).
[55] Schedule 4
Renumber Parts 2.2 and 2.3 as clauses 3 and 4 and add a colon and the subheading with respect to each existing Part to the end of the clause headings as renumbered.
[56] Schedule 4, Part 3.1
Renumber the Part as clause 5 and number the subheadings in clause 5 (as renumbered) as subclauses (1)–(3).
[57] Schedule 4
Renumber Parts 3.2–3.4 as clauses 6–8 and add a colon and the subheading with respect to each existing Part to the end of the clause headings as renumbered.
[58] Schedule 6 State forests and Crown lands to be transferred to Aboriginal ownership
Omit:Part 1.1 Eden Local Aboriginal Land CouncilWonboyn areaPart East Boyd State Forest No 127Insert instead:1 Eden Local Aboriginal Land Council(1) Wonboyn area: Part East Boyd State Forest No 127
[59] Schedule 6, Part 1
Omit:Part Nadgee State Forest No 125Insert instead:(2) Wonboyn area: Part Nadgee State Forest No 125
[60] Schedule 6, Part 1
Omit:Kiah areaPart Nullica State Forest No 545Insert instead:(3) Kiah area: Part Nullica State Forest No 545
[61] Schedule 6, Part 1
Omit:Fisheries Beach areaPart East Boyd State Forest No 127Insert instead:(4) Fisheries Beach area: Part East Boyd State Forest No 127
[62] Schedule 6, Part 2
Renumber Part 2.1 as clause 2 and number the subheadings in clause 2 (as renumbered) as subclauses (1)–(3).
Part 3, Division 9 Landlord and Tenant
Omit the heading “Waste”.
[1] Schedule 1 State forest reserved as national park or state recreation area or dedicated as nature reserve
Add a colon and the subheading with respect to clauses 1, 2, 5–12, 14–20, 22, 24, 28, 29, 31 and 33–35 to the end of each of the relevant clause headings.
[2] Schedule 4 State forests and other land dedicated as Crown reserves under Crown Lands Act 1989
Add a colon and the subheading with respect to clauses 1–6 to the end of each of the relevant clause headings.
[3] Schedule 4, clause 7
Number the subheadings to the clause as subclauses (1) and (2).
[1] Section 7 Non-attendance of witness to be certified to a Judge
Omit “the second Schedule hereto”. Insert instead “Schedule 2”.
[2] Section 8 Issue of warrant
Omit “the Third Schedule hereto”. Insert instead “Schedule 3”.
[3] Second Schedule
Omit the heading. Insert instead:Schedule 2 Certificate
[1] Third Schedule
Omit the heading. Insert instead:Schedule 3 Warrant
Schedule 4 Repeals
(Section 4)
Name of Act | Extent of repeal |
Whole of Act | |
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Appropriation (1998 99 Budget Variations) Act 1999 No 83 | Whole of Act |
Whole of Act | |
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Consumer Credit (New South Wales) Act 1993 No 74 | Schedule 1 |
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Schedule 4 | |
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Second Schedule | |
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Section 2, First Schedule | |
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Schedule 4 | |
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Key
1
Acts passed in 1999 or earlier that contain only amendments or spent provisions.
2
More recent amending Acts that contain only amendments that have been incorporated in a reprint of the relevant Principal Acts.
3
Acts that are no longer of practical utility.
4
Provisions of Acts that were assented to at least 2 years ago, have commenced and, in some instances, have been included in a reprint of the relevant Act.
Explanatory note
The repeals are explained in detail in the Explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions. The Acts that were amended by the Acts or provisions being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel’s Office and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that the following matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act,
(c) any validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
Schedule 5 General savings, transitional and other provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.(2) In this clause:amending provision means a provision of an Act, or of any other instrument, being a provision that has commenced and that makes a direct amendment to an Act by:(a) the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, orwhether the provision was enacted before or after the commencement of the Reprints Act 1972.(c) the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,Explanatory noteThis clause ensures that certain amendments, including amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will commence on the date the amendments to which they relate commenced.
2 Effect 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, orany 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.(b) repeals and re-enacts (with or without modification) a provision of an Act,Explanatory noteThis clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, and in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.Explanatory noteThis 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.
4 Regulations
(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 noteThis 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.