An Act to reduce the level of regulation in New South Wales by abolishing certain licensing schemes and other requirements; for this purpose to amend certain Acts and Regulations; and for other purposes.
1 Name of Act
This Act is the Regulatory Reduction Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
Each Act specified in Schedule 1 is amended as set out in that Schedule.
4 Amendment of Regulations
Each Regulation (or set of Regulations) specified in Schedule 2 is amended as set out in that Schedule.
Schedule 1 Amendment of Acts
(Section 3)
1.1
(Repealed)[1] Section 1A
Insert after section 1:1A Act ceases to apply to commercial agentsThe provisions of this Act relating to commercial agents and subagents of commercial agents cease to have effect on the commencement of Schedule 1.2 [1] to the Regulatory Reduction Act 1996.
[2] Section 45
Insert after section 44:45 Savings and transitional provisionsSchedule 2 has effect.
[3] Schedule 2
Insert after Schedule 1:Schedule 2 Savings and transitional provisions(Section 45)1 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to the amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, takes effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments deregulate the occupation of commercial agent. They also provide for the making of certain savings and transitional regulations.
[1] Section 5 Definitions
Omit paragraphs (a) and (b) of the definition of certificate of competency in section 5 (1).
[2] Section 19 Temporary permits
Omit section 19 (4).
[3] Section 19 (5)
Omit “or (4)” wherever occurring.
[4] Section 20 Conversion of temporary permit for certain vessels
Insert “or Territory” after “State” in section 20 (1).
[5] Section 22 Emergency suspension of permit
Omit “section 19 (2), (3) or (4),” from section 22 (1).Insert instead “section 19 (2) or (3)”.
[6] Section 30J Temporary certificates
Omit the section.
[7] Section 30K Certificates for service
Omit the section.
[8] Schedule 1 Savings and transitional provisions
Insert “Part 1 Provisions consequent on enactment of this Act” before clause 1.
[9] Schedule 1, Part 2
Insert after clause 3:Part 2 Regulations4 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments:
(a) repeal a provision providing for the issue of “temporary permits” authorising the use of certain vessels (and vessel engines) from outside New South Wales in New South Wales waters (the relevant section provides that the vessels and engines concerned are taken to have been issued with the requisite permit), and
(b) repeal the provisions providing for the issue of temporary certificates of competency where full certification requirements have not been met and for the issue of certificates of competency based on relevant service (a transitional provision), and
(c) make an amendment by way of statue law revision (item [4]), and
(d) provide for the making of certain savings and transitional regulations.
The proposed amendments also make consequential amendments.
[1] Section 17A Riggers, powdermen and certain other tradespersons
Omit “, crane chaser, diver” wherever occurring.
[2] Section 17A
Omit “or crane chaser” wherever occurring.
[3] Section 17A
Omit “diver or” wherever occurring (except where occurring in subsection (5B)).
[4] Section 17A (5A) (a) (iii)
Omit “or crane chasers” wherever occurring.
[5] Section 17A (1A) (c) and (d), (1B) (b) (iii) and (iv) and (5A) (a) (iii) and (iv)
Omit “, as the case may be,” wherever occurring.
[6] Section 17A (5A) (a) (iv)
Omit “divers or” wherever occurring.
[7] Section 17A (5A) (b) (iv)
Omit “divers,” wherever occurring.
[8] Section 17A (6)
Omit the definitions of crane chaser and diver.
[9] Section 19 Act not to affect rights of person to recover damages
Omit “, crane chaser, diver” from section 19 (b).
[10] Section 22 Regulations
Omit “, crane chasers, divers” wherever occurring from section 22 (2) (f) and (g).
[11] Section 22 (2) (g1)
Omit the paragraph.
[12] Second Schedule Savings, transitional and other provisions
Insert at the end of clause 1 (1):Regulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations
Explanatory note
The proposed amendments:
(a) abolish the requirements for persons who act as crane chasers and divers (as defined in section 17A of the Construction Safety Act 1912) to hold certificates of competency under that Act, and
(b) provide for the making of certain savings and transitional regulations.
The proposed amendments also make consequential amendments.
1.5 Dairy Industry Act 1979 No 208
[1] Part 4, Division 4
Omit the heading to the Division. Insert instead “Miscellaneous”.
[2] Section 45 Definitions
Omit the definitions of certificate and permit from section 45 (1).
[3] Sections 46–51
Omit the sections.
[4] Section 52 Notice of milk etc delivered
Omit “by a person authorised by a certificate or permit to determine the grade or grades” from section 52 (1) (c).
[5] Section 52 (1) (d)
Omit “by a person authorised by a certificate or permit to test milk and cream”.
[6] Section 103 Regulations
Omit section 103 (1) (q) and (r).
[7] Section 103 (1) (s)
Omit “and permits” wherever occurring.
[8] Schedule 5 Savings and transitional provisions
Insert after clause 16:Part 1A Regulations16A Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments repeal certain provisions relating to the grading of milk and cream and, in particular, abolish the requirements for certificates and permits:
• to determine the grade of milk
• to determine the grade of cream
• to test milk or cream.
The proposed amendments also repeal a provision enabling the making of regulations prohibiting persons from being employed in dairy produce factories as buttermakers or cheesemakers or in any other prescribed capacity unless they possess the prescribed qualifications and pass the prescribed examinations.
The proposed amendments provide for the making of certain savings and transitional regulations.
[1] Section 24
Omit the section.
[2] Section 39 Regulations
Omit “the issue, renewal and revocation of licences of classers of dried fruits;” from section 39 (1) (e).
[3] Section 39 (1) (e)
Omit “the prohibition of the employment as classers of dried fruits of persons who are not licensed under this Act;”.
[4] Section 40 and Schedule 1
Insert after section 39:40 Savings and transitional provisionsSchedule 1 has effect.Schedule 1 Savings and transitional provisions(Section 40)1 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments:
(a) abolish the requirement that classers of dried fruits be licensed, and
(b) abolish the power of the Dried Fruits Board to appoint graders of dried fruits, and
(c) provide for the making of certain savings and transitional regulations.
The proposed amendments also make a consequential amendment.
[1] Section 4 Definitions
Omit “or loss assessor’s certificate” from the definition of certificate in section 4 (1).
[2] Section 4 (1)
Omit the definitions of loss assessor’s certificate and provisional loss assessor’s certificate.
[3] Section 14 Committees of the Council
Omit “certification and” from section 14 (2).
[4] Part 3, Division 3
Omit the Division.
[5] Section 43 Grounds for action against holder of certificate
Omit “or provisional loss assessor’s certificate” from section 43 (d).
[6] Section 43 (e)
Omit the paragraph.
[7] Section 44 Manner of making complaint
Omit “(e)” from section 44 (1). Insert instead “(d)”.
[8] Section 74 Production of licences and certificates
Omit section 74 (3). The maximum penalty is not omitted.
[9] Section 78 Evidence
Omit “, a tradesman’s certificate in respect of any class of repair work or a loss assessor’s certificate” from section 78 (1).Insert instead “or a tradesman’s certificate in respect of any class of repair work”.
[10] Section 78 (1)
Omit “, was doing repair work of that class or was doing loss assessor’s work”.Insert instead “or was doing repair work of that class”.
[11] Section 78 (2)
Omit “, a tradesman’s certificate in respect of any class of repair work so specified or a loss assessor’s certificate”.Insert instead “or a tradesman’s certificate in respect of any class of repair work so specified”.
[12] Section 90 and Schedule 5
Insert after section 89:90 Savings and transitional provisionsSchedule 5 has effect.
[13] Schedule 5
Insert after Schedule 4:Schedule 5 Savings and transitional provisions(Section 90)1 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments:
(a) abolish the requirement for a motor vehicle loss assessor to hold a certificate as such, and
(b) provide for the making of certain savings and transitional regulations.
The proposed amendments also make consequential amendments.
[1] Section 3 Definitions
Omit the definitions of permit and recreation vehicle area.
[2] Part 3
Omit the Part.
[3] Section 17 Regulations
Omit “and permits” from section 17 (1) (a) and (d) wherever occurring.
[4] Section 17 (1) (b)
Omit “and for permits”.
[5] Section 19 and Schedule 1
Insert after section 18:19 Other savings and transitional provisionsSchedule 1 has effect.Schedule 1 Savings and transitional provisions(Section 19)1 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent of the enactment of the following Acts:Regulatory Reduction Act 1996, but only in relation to the amendments made to this Act or the regulations(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than its date of publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
The proposed amendments abolish the requirement for a recreation vehicle area permit (that is, a permit to hold a meeting for motor vehicle sport in a recreation vehicle area), and provide for the making of certain savings and transitional regulations.
The proposed amendments also make consequential amendments.
Section 27A Notification of certain proposed work
Omit section 27A (5).
Explanatory note
Section 27A (5) is a transitional provision preserving, until the regulations otherwise provide, the requirement under the repealed Construction Safety Act 1912 to give notice of certain proposed work. The Occupational Health and Safety (Asbestos Removal Work) Regulation 1996 and the Occupational Health and Safety (Demolition Licensing) Regulation 1996, together with item [3] of the amendments proposed to be made to the Occupational Health and Safety (Administration) Regulation 1992 in Schedule 2, specify the kinds of work for which notice must be given. Section 27A (5) may, therefore, be omitted.
Notice that was required to be given in relation to certain kinds of work (the erection of conveyors and certain commercial hoists, and the setting up of cranes) will no longer be required.
[1] Section 3 Definitions
Omit “section 8 (2), (3) or (4)” from the definition of security activity in section 3 (1).Insert instead “section 8 (2) or (3)”.
[2] Section 8 Classes of licences
Omit “, a Class 2 licence or a Class 3 licence” from section 8 (1).Insert instead “or a Class 2 licence”.
[3] Section 8 (2) (a) and (4)
Omit the paragraph and subsection.
[4] Section 33 Savings and transitional provisions
Omit section 33 (1). Insert instead:(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActRegulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations
Explanatory note
The proposed amendments remove the requirement that persons who sell, install, repair or provide advice on security systems be licensed, and make consequential amendments.
The proposed amendments also provide for the making of certain savings and transitional regulations.
[1] Section 3 Application of Act
Omit “(being, in the case of an employee who is also employed by other persons to carry out any artificial breeding procedure on stock, the holder of an appropriate certificate of competency)” from section 3 (2).
[2] Section 3 (2)
Omit “and that the owner or the employee (except where this subsection requires otherwise) is not the holder of a certificate of competency”.
[3] Section 3 (4)
Omit the subsection.
[4] Section 3 (5)
Omit “, an approval or a certificate”.Insert instead “or an approval”.
[5] Section 4 Definitions
Omit the definitions of certificate and certificate of competency from section 4 (1).
[6] Part 2, heading
Omit “, approvals and certificates”.Insert instead “and approvals”.
[7] Section 11
Omit the section. Insert instead:11 Issue of supervisors’ approvalsAn approval authorising a person to supervise technical aspects of artificial breeding procedures at premises specified in the approval is not to be issued to any person other than a veterinary surgeon.
[8] Part 2, Division 3
Omit the Division.
[9] Part 2, Division 4
Omit the Division.
[10] Section 19 Definition
Omit “, an approval or a certificate”.Insert instead “or an approval”.
[11] Section 20 Applications
Omit “, an approval or a certificate” from section 20 (4).Insert instead “or an approval”.
[12] Section 30 Offences relating to licences and approvals
Omit “, approval or certificate” wherever occurring.Insert instead “or approval”.
[13] Section 30
Omit “, an approval or a certificate” wherever occurring.Insert instead “or approval”.
[14] Section 31 Offences relating to inspectors
Omit “, approval or certificate” from section 31 (1) (e) (i).Insert instead “or approval”.
[15] Section 31 (1) (e)
Omit “certificate,”.
[16] Section 32 Powers of inspectors
Omit “, approval or certificate” from section 32 (1) (c).Insert instead “or approval”.
[17] Section 37 Evidentiary provisions
Omit “a certificate,” and “certificate,” from section 37 (c) and (d) wherever occurring.
[18] Section 41 Refund
Omit “or a certificate” and “or certificate” wherever occurring.
[19] Section 42 Regulations
Omit “, certificates” and “, certificate” from section 42 (1) (b), (c) and (d) wherever occurring.
[20] Schedule 2 Matters for regulations
Omit “, approvals or certificates” from clause 2 (including the heading) wherever occurring.Insert instead “or approvals”.
[21] Schedule 2, clause 2
Omit “, approval or certificate” wherever occurring.Insert instead “or approval”.
[22] Schedule 2, clause 2 (f)
Omit “and provisional certificates”.
[23] Schedule 3 Savings and transitional provisions
Omit clause 6 (1). Insert instead:(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActRegulatory Reduction Act 1996, but only in relation to amendments made to this Act or the regulations
Explanatory note
The proposed amendments abolish the requirements for:and make consequential amendments. The proposed amendments also provide for the making of certain savings and transitional regulations.
• certificates of competency to carry out artificial breeding procedures in relation to stock,
• instructors’ certificates to conduct courses of instruction in artificial breeding procedures in relation to stock,
Section 44 Permitted practices for unregistered persons
Omit section 44 (1) (h). Insert instead:(h) carry out, in respect of cattle, sheep, goats, swine, deer, buffalo, poultry or any other animal prescribed by the regulations, any artificial breeding procedure (within the meaning of the Stock (Artificial Breeding) Act 1985) other than a procedure involving surgery,
Explanatory note
The proposed amendment abolishes the requirement that a person who is not a registered veterinary surgeon be the holder of a certificate of competency before being able to carry out any artificial breeding procedure. Provisions for these certificates are being removed from the Stock (Artificial Breeding) Act 1985 by amendments proposed to be made elsewhere in this Schedule.
sch 1: Am 2001 No 51, sec 5.
Schedule 2 Amendment of Regulations
(Section 4)
2.1 Building Services Corporation Regulation 1990
[1] Clause 9A
Omit the clause.
[2] Clause 15 Exemption relating to roof plumbing work
Omit “etc.” from clause 15.
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Building Services Corporation Act 1989 in Schedule 1.
[1] Clause 1 Name of Regulation
Omit “may be cited as the Commercial Agents and” from clause 1.Insert instead “is the”.
[2] Clause 3 Definitions
Omit “a commercial agent” from the definition of agent in clause 3 (1).
[3] Clause 6
Omit the clause.
[4] Clause 9 Applications for licences: section 9
Omit “commercial agent’s or” from clause 9 (1) (a).
[5] Clause 9, Table
Omit the matter relating to Commercial agent’s licence.
[6] Clause 10 Prescribed experience: section 10
Omit clause 10 (1).
[7] Clauses 13, 15, 16 and 17
Omit the clauses.
[8] Schedule 1 Forms
Omit “*Commercial Agent’s” from Forms 3 and 4 wherever occurring.
[9] Schedule 1, Form 4
Omit “commercial/” wherever occurring.
[10] Schedule 1, Forms 6 and 7
Omit the Forms.
Explanatory note
The proposed amendments are consequential on the deregulation of the occupation of commercial agent effected by the amendments to the Commercial Agents and Private Inquiry Agents Act 1963 proposed to be made in Schedule 1.
The proposed amendments also make an amendment by way of statute law revision (referring to the name of the Regulation in the current style).
[1] Clause 4 Definitions
Omit paragraphs (a) and (b) of the definition of certificate of competency in clause 4 (1).
[2] Clause 9
Omit the clause.
[3] Clause 12 Revalidation of certificates of competency
Omit clause 12 (2) (a).
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Commercial Vessels Act 1979 in Schedule 1.
2.4 Construction Safety Regulations 1950
[1] Regulation 122 Basic requirements
Omit “crane chaser,” from Regulation 122 (18) (a).
[2] Part 14, heading
Omit “crane chasers, divers,”
[3] Regulation 159 Definitions
Omit “crane chaser, diver,” from the definitions of applicant and permit wherever occurring.
[4] Regulation 159E Supervision of permit holder
Omit regulation 159E (f) and (h).
[5] Regulation 161C
Omit the regulation.
[6] Regulation 161E
Omit the regulation.
[7] Regulation 161H Prescribed qualifications for certificates of competency issued after the commencement of the Occupational Health and Safety (Certificates of Competency) Regulation 1996
Omit “diver,” wherever occurring.
[8] Regulation 161I Exemption from requirements of sections 17 and 17A of the Act for holders of certificates of competency issued under the Occupational Health and Safety (Certificates of Competency) Regulation 1996
Omit “diver,”.
[9] Second Schedule, Forms 21, 33, 33A, 34 and 37
Omit the forms.
[10] Second Schedule, Form 23
Omit “, scaffolder’s or crane chaser’s” from the heading.Insert instead “or scaffolder’s”.
[11] Second Schedule, Form 23
Omit the matter relating to the additional particulars to be furnished by applicants for Crane Chaser’s Certificate.
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Construction Safety Act 1912 in Schedule 1.
[1] Clauses 12–17
Omit the clauses.
[2] Part 2, Division 4
Omit the Division.
[3] Clauses 24–26
Omit the clauses.
[4] Schedule 1 Forms
Omit Form 6.
Explanatory note
The proposed amendments abolish the requirements for buttermakers, cheesemakers and pasteuriser operators to hold certificates authorising them to make the butter or cheese or to pasteurise the milk.
The proposed amendments also make amendments consequential on those proposed to be made to the Dairy Industry Act 1979 in Schedule 1.
[1] Clause 3 Definitions
Omit “the holder of a classer’s licence” from the definition of classer in clause 3 (1).Insert instead “a person who classifies dried fruits”.
[2] Clause 3 (1) definition of “classer’s licence”
Omit the definition.
[3] Clause 31 Dried vine fruits to be delivered to classing room
Omit “licensed” from clause 31 (b).
[4] Clause 38 Classer to classify dried vine fruits
Omit “licensed” from clause 38.
[5] Clause 39
Omit the clause.
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Dried Fruits Act 1939 in Schedule 1.
[1] Regulation 2 Definitions
Omit the definition of engine of first class requirements and refrigerating plant of first class requirements from Regulation 2 (1).Insert instead:engine of first class requirements means engine to which a certificate of the first class is appropriate but to which a certificate of the second class is not appropriate.
[2] Regulation 2 (1)
Omit the definition of engine of second class requirements and refrigerating plant of second class requirements from Regulation 2 (1).Insert instead:engine of second class requirements means engine to which a certificate of the second class is appropriate.
[3] Regulation 2 (1)
Omit the definition of refrigerating plant.
[4] Regulation 2 (2)
Omit “Refrigerating plant.”.
[5] Regulation 4 Types of certificates
Omit from Regulation 4 (1) (a) the matter relating to Refrigeration engine driver’s certificate of competency (first class) and Refrigeration engine driver’s certificate of competency (second class).
[6] Regulation 5 Granting and issue of certificates
Omit Regulation 5 (5) (c).
[7] Regulation 5 (7) (a)
Omit “E4,”.
[8] Regulations 14 and 15
Omit the Regulations.
[9] Second Schedule
Omit Form E4.
[10] Third Schedule
Omit the matter relating to Refrigeration engine driver’s certificate of competency (first class) and Refrigeration engine driver’s certificate of competency (second class).
Explanatory note
The proposed amendments abolish the requirement for refrigeration engine drivers to have a certificate of competency and make consequential amendments.
[1] Regulation 4 Definitions
Omit “visiting small craft in respect of which a visiting small craft permit is in force” from the definition of houseboat in Regulation 4 (1).Insert instead “visiting small craft (within the meaning of Regulation 34A)”.
[2] Regulation 4 (1)
Omit the definitions of licensed structure, structure licence, visiting small craft, visiting small craft anchorage area and visiting small craft permit.
[3] Regulation 27 Application
Omit “a structure licence,” from Regulation 27 (2).
[4] Regulation 27 (2)
Omit “or a visiting small craft permit”.
[5] Regulations 28–33
Omit the Regulations.
[6] Regulation 34A
Omit the Regulation. Insert instead:34A Visiting small craft—exemption(1) Regulation 34 does not apply to or in respect of the occupation of any navigable waters by a visiting small craft.(2) In this Regulation, visiting small craft means a vessel:(a) that is less than 25 metres long, and(b) that is being used solely for pleasure or recreation and not in connection with any business or commercial transaction, and(c) the home port of which is a place at least 80 nautical miles from the navigable waters it is occupying, and(d) the usual residence of the master of which is at least 100 kilometres from those waters.
[7] Regulation 46 Fee for special attendance
Omit “a structure licence or”. Insert instead “an”.
[8] Regulation 47 Offences by holder of structure licence
Omit the Regulation.
[9] Regulations 50B–50D Visiting small craft permits
Omit the Regulations.
[10] Regulation 89 Load lines on lighters and barges
Omit the Regulation.
[11] Regulation 97 Mobile cranes on public wharves
Omit “is registered by the Board pursuant to these Regulations and” from Regulation 97 (1) (a).
[12] Regulation 97 (1) (a)
Omit “or the classification number specified in its certificate of registration”.
[13] Regulation 97 (1) (b) (ii)
Omit the subparagraph.
[14] Regulations 98–100
Omit the Regulations.
Explanatory note
The proposed amendments:
(a) repeal a provision providing for the issue of “visiting small craft permits”, which authorise certain vessels from outside New South Wales to anchor in designated New South Wales waters otherwise than under the authority of an occupation licence (instead, the proposed amendments provide those craft with a general exemption from the requirement for that licence), and
(b) abolish the requirement that a person hold a structure licence before erecting or using a structure above the bed of certain waters, and
(c) repeal a provision relating to load lines on lighters and barges (the Commercial Vessels Act 1979 deals with load lines), and
(d) abolish the requirement that mobile cranes (which are defined to include fork lift trucks) be registered by the Minister before being brought onto, or used on, certain wharves.
The proposed amendments also make consequential amendments.
2.9 Motor Vehicle Repairs Regulation 1982
Clause 4 Fees
Omit clause 4 (3) (d).
Explanatory note
The proposed amendment is consequential on amendments proposed to be made to the Motor Vehicle Repairs Act 1980 in Schedule 1.
[1] Part 3
Omit the Part.
[2] Clause 38 Contravention of conditions of licences
Omit clause 38 (2).
[3] Clause 38 (3)
Omit “or 12 (Contravention of conditions of permit)”.
[4] Clause 38 (3)
Omit “either of those sections”. Insert instead “that section”.
[5] Schedule 2
Omit the Schedule.
Explanatory note
The proposed amendments omit provisions relating to recreation vehicle area permits. The amendments are consequential on amendments proposed to be made to the Motor Vehicle Sports (Public Safety) Act 1985 in Schedule 1.
2.11 Occupational Health and Safety (Asbestos Removal Work) Regulation 1996
Clause 18
Omit clause 18 (3).
Explanatory note
The proposed amendment is consequential on the amendment to the Occupational Health and Safety Act 1983 proposed to be made in Schedule 1.
2.12 Occupational Health and Safety (Administration) Regulation 1992
[1] Clause 2 Definitions
Insert after the definition of the Act:WorkCover means the WorkCover Authority constituted by the WorkCover Administration Act 1989.
[2] Clause 2A
Insert after clause 2:2A NotesNotes in the text of this Regulation do not form part of this Regulation.
[3] Clause 4
Insert after clause 3:4 Notification of work: section 27A(1) The following kinds of work are prescribed as work for which notice is required to be given to WorkCover under section 27A of the Act:(a) construction work that involves the use of any hoist, plant or scaffolding,(b) the erection of any hoist, plant or scaffolding,(c) construction work that involves the use of any explosive,(d) the erection or alteration of any escalator, lift or moving walk.(2) In this clause:hoist has the same meaning as it has in the Construction Safety Act 1912, but does not include a commercial type hoist within the meaning of Regulation 138 of the Construction Safety Regulations 1950.building work has the same meaning as it has in the Construction Safety Act 1912, but does not include building work carried out in connection with a dwelling-house where the work is carried out solely by the owner or occupier of the dwelling-house.construction work has the same meaning as it has in the Construction Safety Act 1912, but does not include:(a) building work carried out in connection with a dwelling-house where the work is carried out solely by the owner or occupier of the dwelling-house, or(b) excavation work in relation to an excavation that has a depth of less than 1.5 metres, that has dimensions too small to allow a person to enter it or that comprises a grave for the burial of a deceased person.escalator, excavation work, lift, moving walk and plant have the same meanings as they have in the Construction Safety Act 1912.scaffolding has the same meaning as it has in the Construction Safety Act 1912, but does not include:(a) any structure used in connection with ships in dock or on slips,(b) any structure used in connection with the erection or demolition of stacks of timber, goods or materials,(c) any structure from which the maximum distance a person or object could fall is less than 1.8 metres.Note—Asbestos removal work is prescribed for the purposes of section 27A of the Act by the Occupational Health and Safety (Asbestos Removal Work) Regulation 1996.Demolition work is prescribed for the purposes of section 27A of the Act by the Occupational Health and Safety (Demolition Licensing) Regulation 1996.
Explanatory note
The proposed amendments prescribe certain kinds of work in respect of which notice is required to be given under the Occupational Health and Safety Act 1983, and make consequential amendments.
The explanatory note to the proposed amendment to the Occupational Health and Safety Act 1983 is also relevant to these proposed amendments.
[1] Clause 3 Definitions
Omit the definition of general security purposes from clause 3.
[2] Clause 4
Omit the clause.
[3] Clause 5 Certain activities requiring licences: section 8
Omit clause 5 (1) (a).
[4] Clause 5 (2)
Omit “5 categories”. Insert instead “2 categories”.
[5] Clause 5, Table
Omit the matter relating to Categories C, D and E.
[6] Clause 6 Form of application for licence: section 9
Omit clause 6 (1) (c) and (2).
[7] Clauses 7 (1) (a), 10 and 15 (1)
Omit “or Class 3” wherever occurring.
[8] Clause 12 Fees
Omit the matter relating to Class 3 licences from the Table to clause 12.
[9] Clause 14 Uniforms and vehicle markings
Omit clause 14 (4).
[10] Schedule 2 Qualifications and experience required to hold licence
Omit from the Schedule the matter relating to:(a) Categories C, D and E of the matter relating to Class 1 licences, and(b) Class 3 licences.
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Security (Protection) Industry Act 1985 in Schedule 1.
[1] Clause 3 Definitions
Omit the definition of provisional certificate of competency.
[2] Part 2, heading
Omit “, approvals and certificates”. Insert instead “and approvals”.
[3] Part 2, Division 3
Omit the Division.
[4] Clause 10 Application forms: section 20
Omit clause 10 (b)–(e). Insert instead:(b) the issue of a supervisor’s approval,
[5] Clause 20 Conduct of artificial breeding procedures
Omit “the holder of a certificate of competency” from clause 20.Insert instead “a person”.
[6] Clause 22 Storage of semen or ova on licensed premises
Omit the definition of appropriate certificate of competency from clause 22 (1).
[7] Clause 22 (1), definition of “licensed semen or ova”
Omit “or the holder of an appropriate certificate of competency”.Insert instead “(or under the control of the person who purchased the semen or ova directly from a licensed premises or from a veterinary surgeon)”.
[8] Schedule 2 Courses of instruction in artificial breeding procedures
Omit the Schedule.
[9] Schedule 3 Fees
Omit the matter relating to Certificate of competency, Instructor’s certificate and Course approval certificate.
Explanatory note
The proposed amendments are consequential on amendments proposed to be made to the Stock (Artificial Breeding) Act 1985 in Schedule 1.
[1] Regulation 2 Definitions
Omit the definitions of holder of the permit for a vessel, holder of trade plates, locality permit, relevant permit plate, set of trade plates, trade article, trade plate and trader.
[2] Regulation 12
Omit the Regulation.
[3] Regulation 13
Omit the Regulation. Insert instead:13 Demonstration vessels not required to be registered(1) Regulation 11 (13) does not apply to the owner or master of a vessel that is in the charge of a trader and is being used for purposes connected with the manufacture, alteration, repair, testing, sale or demonstration of a commercial purpose of the vessel or of a trade article.(2) In this Regulation:trade article means an engine or component that forms part of or is used in, or is intended to form part of or to be used in, a vessel.trader means a person who manufactures, alters, repairs, tests, sells, demonstrates for a commercial purpose, or otherwise deals in, vessels or trade articles, whether on the person’s own behalf or as an employee or agent.
[4] Regulation 16 Misrepresentation of vessels, persons or areas
Omit Regulation 16 (4).
[5] Regulation 16 (5) (a)
Omit the paragraph.
[6] Regulation 17 Correction of false representations
Omit Regulation 17 (1) (ii) and (iii).
[7] Regulation 17 (2) (ii)
Omit the paragraph.
[8] Regulation 18 Unauthorised possession of documents
Omit “, licence or locality permit”. Insert instead “or licence”.
[9] Regulation 18
Insert “or” before “any registration plate”.
[10] Regulation 18
Omit “or any permit plate which does not relate to a vessel in his custody,”.
[11] Regulation 19 Penalties
Omit “, permit or trade plate”. Insert instead “or permit”.
[12] The First Schedule
Omit the Schedule.
[13] The Second Schedule
Omit the matter relating to Regulations 12 and 13.
Explanatory note
The proposed amendments:
(a) abolish the “locality permits” currently required by certain vessels in the Hume Reservoir and the Yarrawonga Weir, and
(b) repeal a provision providing for the issue of “trade plates”, which authorise the use of unregistered vessels for demonstration purposes (instead, the proposed amendments provide vessels used for those purposes with a general exemption from the requirement for registration).
The proposed amendments also make consequential amendments.