An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2007.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.(2) The amendments made by Schedules 1–3 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
The Acts and instruments specified in Schedules 1–4 are amended as set out in those Schedules.
4 Repeals
Each Act specified in Parts 1–3, and column 1 of Part 4, of Schedule 5 is repealed.
5 General savings, transitional and other provisions
Schedule 6 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.
7 Repeal of provisions of Act
(1) Sections 3 and 4 and Schedules 1–5 are repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of Schedules 1–5 does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by those Schedules.
Schedule 1 Minor amendments
(Section 3)
Schedule 2 Savings and transitional provisions
Insert after clause 2:2A Reference to Board of Tick ControlA reference in this Act to “the use of a cattle dip site on the land under a program implemented in accordance with the recommendations or advice of the Board of Tick Control under Part 2 of the Stock Diseases Act 1923” is taken to be a reference to “the use of a cattle dip site on the land in relation to a treatment ordered under the Stock Diseases Act 1923”.
Explanatory note
The proposed amendment to the Contaminated Land Management Act 1997 is consequential on the proposed abolition of the Board of Tick Control elsewhere in this Schedule.
[1] Section 7 (1), definition of “Licensed conveyancer”
Omit “Conveyancers Licensing Act 1992”.Insert instead “Conveyancers Licensing Act 2003”.
[2] Section 64 Satisfaction of covenants to produce deeds
Omit “section 14 of the Archives Act 1960” from section 64 (2).Insert instead “the State Records Act 1998”.
Explanatory note
Item [1] of the proposed amendments to the Conveyancing Act 1919 (the Act) updates a reference to a repealed Act.
At present section 64 (2) of the Act enables the Registrar-General to destroy certain documents in the manner specified by section 14 of the Archives Act 1960. That Act has been repealed and replaced by the State Records Act 1998.
Item [2] of the proposed amendments makes it clear that the power of the Registrar-General to destroy documents under section 64 (2) of the Act is subject to the provisions of the State Records Act 1998.
Section 4 Definitions
Omit paragraph (c) from the definition of in section 4 (1).Insert instead:(c) a person authorised in writing by the Commission, either generally or in a special case, to act as an authorised officer for the purposes of the provision in which the expression occurs.
Explanatory note
Currently, the definition of in section 4 of the Criminal Assets Recovery Act 1990 (the Act) provides that the New South Wales Crime Commission may authorise a person in writing to act as an authorised officer under the Act. An authorised officer has various functions under the Act, however, the functions of an authorised officer authorised by the Commission are limited to the functions provided for by section 10 and Parts 4 and 4A of the Act.
The purpose of the proposed amendment is to provide that a person authorised by the Commission to act as an authorised officer for the purposes of any provision of the Act may carry out any of the functions of an authorised officer under that provision.
[1] Section 24A
Insert after section 24:24A Protection from personal liability(1) Any matter or thing done or omitted to be done by a person who is a Chairperson or member of a local land board does not, if the matter or thing was done or omitted in good faith for the purpose of exercising a function under this or any other Act, make the person personally liable to any action, claim or demand in respect of that matter or thing.(2) However, any such liability attaches instead to the Crown.
[2] Section 34A Special provisions relating to Minister’s powers over Crown reserves
Insert after section 34A (7):(8) For the avoidance of any doubt, the power of the Minister to grant a relevant interest in respect of a Crown reserve under this section includes the power to enter into an agreement for such a relevant interest.
[3] Section 97A Delegation of functions by reserve trust managers
Insert at the end of the section:(2) Without limiting section 49 of the Interpretation Act 1987, a delegation by a reserve trust manager under subsection (1) may, with the approval of the Minister, be revoked by the reserve trust manager at any time.
Explanatory note
Item [1] of the proposed amendments to the Crown Lands Act 1989 (the Act) provides that Chairpersons and members of local land boards are protected from personal liability for their actions and omissions done in good faith for the purpose of exercising any of their functions under the Act or any other Act.
Item [2] of the proposed amendments makes it clear that the power of the Minister to grant certain interests (such as leases or licences) under section 34A of the Act in respect of a Crown reserve includes the power to enter into an agreement for such an interest.
Item [3] of the proposed amendments makes it clear that a delegation by a reserve trust manager can only be revoked with the Minister’s approval.
Schedule 7 Purchase of land held under lease
Omit clause 14 (1) of Part 1. Insert instead:(1) An applicant to purchase land comprised in a lease is liable, if a survey is necessary as a result of the purchase and the survey is carried out by the Crown, to pay to the Crown the cost of the survey as assessed by the Minister.
Explanatory note
The proposed amendment to the Crown Lands (Continued Tenures) Act 1989 makes it clear that when a person purchases land comprised in a lease (being a perpetual lease, special lease or term lease under that Act) the person must, if a survey is carried out by the Crown (and only if a survey is carried out by the Crown), pay the cost of the survey as assessed by the Minister. At present, irrespective of whether a survey of the land has been carried out, a person purchasing land comprised in a lease is required to pay a survey fee to the Crown if a survey fee had not been paid in respect of the lease.
[1] Clause 15 Survey fee
Omit the clause.
[2] Schedule 1 Fees and deposits
Omit item 10.
Explanatory note
The proposed amendments to the Crown Lands (Continued Tenures) Regulation 2006 are consequential on the amendment to the Crown Lands (Continued Tenures) Act 1989 contained elsewhere in this Schedule and remove redundant provisions relating to survey fees.
[1] Section 44A Country of origin representations
Omit “for an offence under” from section 44A (8).Insert instead “for contravening”.
[2] Schedule 4A Provisions relating to advisory councils
Omit “14 days” from clause 15 (2). Insert instead “21 days”.
Explanatory note
Item [1] of the proposed amendments ensures consistency of expression between section 44A (8) and section 62 (1) of the Fair Trading Act 1987 (the Act).
Item [2] of the proposed amendments to the Act extends the period within which an advisory council under that Act must send minutes of its meetings to the Minister for Fair Trading. The period is extended from 14 days to 21 days.
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Hunter Water Act 1991, section 31A
Explanatory note
The proposed amendment to the Fines Act 1996 provides for the enforcement of penalty notices issued under section 31A of the Hunter Water Act 1991 and is consequential on the insertion of that section by an amendment made elsewhere in this Schedule.
[1] Section 12 Genuine reasons for having a licence
Omit “Department of Land and Water Conservation” from the matter relating to the genuine reason of recreational hunting/vermin control in the Table to the section.Insert instead “Department of Lands”.
[2] Section 12, Table
Omit paragraph (c) of the matter relating to the genuine reason of animal welfare.Insert instead:(c) a person who is employed in the Department of Primary Industries or the Rural Lands Protection Boards Division of the Government Service and who has responsibility for animal welfare, or
[3] Section 30 General provisions relating to permits
Omit “surrendered” from section 30 (6).Insert instead “suspended”.
[4] Sections 78 and 78A
Omit the sections.
[5] Section 80 Disposal of surrendered or seized firearms
Omit section 80 (3).
[6] Section 88 Regulations
Omit section 88 (2) (b).
Explanatory note
Items [1] and [2] of the proposed amendments to the Firearms Act 1996 (the Act) update references to certain Divisions of the Government Service.
Item [3] of the proposed amendments to the Act corrects a reference to the surrender of a permit that should refer to the suspension of a permit.
Section 78 of the Act provides for the payment of compensation to persons who surrender a registered prohibited pistol or post-1946 pistol during the buyback period. The buyback period expired on 30 June 2004. Items [4]–[6] of the proposed amendments remove provisions relating to that buyback scheme that are no longer necessary because of its expiry.
Schedule 3 Public authorities
Omit the matter relating to the Board of Tick Control from the list of bodies in Part 3.
Explanatory note
The proposed amendment to the Freedom of Information Regulation 2005 is consequential on the proposed abolition of the Board of Tick Control elsewhere in this Schedule.
Schedule 4 Employing authorities
Omit “Board of Tick Control.”.
Explanatory note
The proposed amendment to the Government and Related Employees Appeal Tribunal Act 1980 is consequential on the proposed abolition of the Board of Tick Control elsewhere in this Schedule.
Schedule 2 Provisions relating to the constitution and procedure of development corporations
Insert after clause 10:10A Transaction of business outside meetings or by telephone(1) The development corporation may, if it thinks fit, transact any of its business by the circulation of papers among all the members for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the corporation.(2) The development corporation may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), orthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the development corporation.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the development corporation.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
Explanatory note
The proposed amendment to the Growth Centres (Development Corporations) Act 1974 inserts a standard provision that permits a development corporation to conduct its business outside of meetings or by meetings at which members participate by telephone, closed-circuit television or by other means.
Schedule 1 Provisions relating to advisory bodies
Omit “14 days” from clause 16 (2). Insert instead “21 days”.
Explanatory note
The proposed amendment to the Home Building Act 1989 extends the period within which an advisory body under the Act must send minutes of its meetings to the Minister for Fair Trading. The period is extended from 14 days to 21 days.
[1] Section 31A
Insert after section 31:31A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means a person of a class prescribed by the regulations for the purposes of this section.
[2] Section 66 Provisions relating to subsidiaries
Omit “Part 2 of”.
[3] Section 66
Omit “clause 1 (8)”. Insert instead “clause 3 (8)”.
Explanatory note
Item [1] of the proposed amendments to the Hunter Water Act 1991 allows penalty notices (on-the-spot fines) to be issued in respect of offences against that Act or the regulations under that Act, but only if those offences are prescribed by regulations under that Act as penalty notice offences.
Items [2] and [3] of the proposed amendments correct a cross-reference.
[1] Section 400J Establishment and constitution of Project Review Committee
Omit section 400J (2) (c) and (d). Insert instead:(c) the Director-General of the Department of Premier and Cabinet (or an officer of that Department nominated by that Director-General),
[2] Section 400J (e)
Omit “Department of Infrastructure, Planning and Natural Resources”.Insert instead “Department of Planning”.
[3] Section 433 Report of investigation
Insert after section 433 (3):(4) Section 14B of the Royal Commissions Act 1923 applies in relation to any report that the Minister wishes to lay before both Houses of Parliament in the same way as it applies to a report made by a commission under that Act.
[4] Section 600 Rebates in respect of certain land vested in public bodies
Omit “Corporation Corporation” from the definition of public body in section 600 (9).Insert instead “Corporation”.
Explanatory note
The Local Government Act 1993 (the Act) requires 2 members of the Local Government Project Review Committee to be the Directors-General of the now merged Premier’s Department and the Cabinet Office (or their nominees). Item [1] of the proposed amendments replaces these 2 members with a single member (being the Director-General of the Department of Premier and Cabinet (or his or her nominee).
Item [2] of the proposed amendments updates a reference to a Department.
Section 430 of the Act enables the Director-General of the Department of Local Government to authorise an investigation of a local council. Section 433 of the Act requires the person who carried out the investigation to report to the Minister for Local Government and the Director-General on the results of the investigation and to send a copy of the report to the council concerned.
Current ministerial practice is to lay reports made pursuant to section 433 before both Houses of Parliament. Item [3] of the proposed amendments applies section 14B of the Royal Commissions Act 1923 to such reports to enable this to be done when neither House of Parliament is sitting (as is provided for in relation to reports on public inquiries into local councils under section 740 of the Act).
Item [4] of the proposed amendments removes a duplicate word.
Schedule 19 Amendment of other legislation
Omit Schedule 19.24.
Explanatory note
The proposed amendment to the Parliamentary Electorates and Elections Amendment Act 2006 is consequential on the proposed abolition of the Board of Tick Control elsewhere in this Schedule.
[1] Section 141 Proceedings for offences
Omit “section 25” from section 141 (4) (a).Insert instead “sections 25 and 26”.
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:Part Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2007Proceedings for offencesSection 141, as amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2007, does not apply in respect of any alleged offence under section 26 that occurred before that section was so amended.
Explanatory note
Proceedings for offences under the Police Integrity Commission Act 1996 (the Act) must generally be commenced not more than 6 months after the date of the alleged offence. However, section 141 (4) of the Act provides that proceedings for certain offences (including offences against section 25 of the Act) may be commenced within 3 years of the date of the alleged offence.
Section 26 of the Act provides that the Police Integrity Commission may require a person to attend a specified place for the purpose of producing a specified document or other thing in relation to an investigation it is conducting. This provision is similar to section 25 of the Act which deals with the Commission’s power to obtain information from a public authority or public official.
Item [1] of the proposed amendments provides that proceedings for an offence under section 26 of the Act may be commenced within 3 years after the commission of the alleged offence, which is consistent with the time for commencing proceedings in respect of an offence under section 25 of the Act. The rationale for extending the period for commencing proceedings for an offence under section 26 of the Act is that, as with proceedings under section 25 of the Act, commencement of proceedings before the Police Integrity Commission has completed an investigation can prejudice its further conduct of the investigation.
Item [2] of the proposed amendments is a transitional provision that makes it clear that the proposed amendment to section 141 does not apply in respect of alleged offences under section 26 that occurred prior to the commencement of the proposed amendments.
Section 13K Conversions, purchases, extensions of term, subdivisions etc
Omit “before taking any action to give effect to the sale or purchase” from section 13K (2A).
Explanatory note
At present under Part 4A of the Crown Lands Act 1989, the Minister can impose restrictions on use or public positive covenants in connection with the sale of Crown land. Any such restriction on use or covenant is imposed in connection with section 88D or section 88E of the Conveyancing Act 1919. Section 13K (2A) of the Real Property Act 1900 requires the Registrar-General to record such restrictions or covenants on the relevant title before taking any action to give effect to the sale or purchase.
A restriction or covenant is imposed in accordance with section 88D in the case where the Crown land is still owned by the Crown. If the land is no longer held by the Crown, the restriction or covenant is imposed in accordance with section 88E. However, the Registrar-General does not, in the case of a section 88E restriction or covenant, have the opportunity to record the restriction or covenant on the relevant title because the sale of the land has already occurred.
The proposed amendment to the Real Property Act 1900 will mean the Registrar-General can record restrictions on use or public positive covenants imposed in connection with the sale of Crown land regardless of whether the land is still owned by the Crown.
Section 88 Applications to Tribunal about new or amended park rules
Omit section 88 (5) and (6).
Explanatory note
Section 88 (5) of the Residential Parks Act 1998 (the Act) requires that, if an application is made to the Consumer, Trader and Tenancy Tribunal (the Tribunal) to resolve a dispute in relation to new or amended residential park rules, the Tribunal must, within 30 days of receiving the application, give written notice of its decision. Section 88 (6) of the Act requires that the notice be given to the applicants and the park owner. Section 88 (5) originally applied to a Park Disputes Committee for each residential park. Such committees were abolished by the Residential Parks Amendment (Statutory Review) Act 2005 and their functions transferred to the Tribunal.
Sections 28 and 49 of the Consumer, Trader and Tenancy Tribunal Act 2001 contain specific provisions relating to the procedure of the Tribunal and the time within which notice of its decisions must be given. The proposed amendment repeals section 88 (5) and (6) of the Residential Parks Act 1998 to make it clear that those specific provisions in the Consumer, Trader and Tenancy Tribunal Act 2001 govern the proceedings of the Tribunal in relation to disputes about residential park rules.
[1] Section 7 Offence of carrying on unauthorised security activities
Omit “licence, and” from section 7 (1) (b).Insert instead “licence.”
[2] Section 7 (1) (c)
Omit the paragraph.
[3] Section 16 Restrictions on granting licence—criminal and other related history
Omit section 16 (4).
Explanatory note
Amendments relating to employment of unlicensed persons
Section 7 (1) (c) of the Security Industry Act 1997 (the Act) currently provides that it is an offence for a person who is the holder of a master licence to employ or provide persons to carry on security activities unless each of the persons employed or provided is the holder of a licence under the Act.
Section 39 of the Act also provides that the holder of a master licence must not employ any person to carry on any security activity unless the person is the holder of a licence.
Item [2] of the proposed amendments omits section 7 (1) (c) of the Act to remove that offence on the basis that it is substantially the same as the offence under section 39 of the Act. Item [1] makes a consequential amendment.
Amendment relating to mandatory refusal of applications for master licences
Currently, section 16 (4) of the Act and clause 16 (1) (a) of the Security Industry Regulation 2007 both provide mandatory grounds for the refusal of an application for a master licence in respect of bankrupt persons (either as an applicant or, in the case of an applicant that is a corporation, any person involved in the management of the corporation).
Under section 16 (4) of the Act, the Commissioner of Police must refuse to grant an application for a master licence if the Commissioner is of the opinion that the applicant (or, if the applicant is a corporation, any person who is a director or who is concerned in the management of the corporation) has been declared bankrupt within the period of 5 years before the date of the application.
Clause 16 (1) (a) of the Security Industry Regulation 2007 also provides that the Commissioner must refuse to grant an application for a master licence if the applicant (or a close associate of the applicant, including a person holding office as a director, manager or other executive position or a person with power to participate in directional, managerial or executive decisions of the applicant) at any time in the 3 years before the application was made was an undischarged bankrupt or applied to take benefit of any law for the relief of bankrupt or insolvent debtors (unless the Commissioner is satisfied that the person took all reasonable steps to avoid the bankruptcy).
Item [3] of the proposed amendments omits section 16 (4) of the Act to remove this existing duplication in relation to the mandatory grounds for refusing applications for master licences by persons who are, or have been, bankrupt. The amendment will, in effect, reduce from 5 years to 3 years the period within which a person who has been declared bankrupt may be granted a master licence after being declared bankrupt.
[1] Part 2 Board of Tick Control
Omit the Part.
[2] Section 7 Powers of inspectors
Omit “, the Chairperson of the Board of Tick Control” from section 7 (4).
[3] Section 18 Proceedings in default of compliance
Omit “, the Chairperson of the Board of Tick Control” from section 18 (3).
[4] Schedule 1 Provisions relating to the members and procedure of the Board of Tick Control
Omit the Schedule.
[5] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule:Part 7 Provisions consequent on enactment of the Statute Law (Miscellaneous Provisions) Act (No 2) 200716 Abolition of Board of Tick Control(1) The Board of Tick Control is abolished.(2) A person who ceases to hold office as a member of the Board of Tick Control because of its abolition is not entitled to any remuneration or compensation because of the loss of that office.17 Approvals of Chairperson of the Board of Tick ControlAn approval given by the Chairperson of the Board of Tick Control under section 7 or 18 before the amendment of those sections by the Statute Law (Miscellaneous Provisions) Act (No 2) 2007 is taken, on that amendment, to have been given by the Director-General.
Explanatory note
Part 2 of the Stock Diseases Act 1923 establishes the Board of Tick Control and sets out the functions, members and procedure of the Board. The functions of the Board, as set out in that Part, are of an advisory nature only. Item [1] omits that Part.
Items [2]–[5] make other amendments as a consequence of the proposed abolition of the Board of Tick Control.
[1] Clause 64 Nominations and elections for Board of Tick Control
Omit the clause.
[2] Schedule 2 Nominations and elections for Board of Tick Control
Omit the Schedule.
[3] Schedule 3 Forms
Omit the Schedule.
Explanatory note
The proposed amendments to the Stock Diseases Regulation 2004 are consequential on the proposed abolition of the Board of Tick Control elsewhere in this Schedule.
[1] Section 6 How should a will be executed?
Insert “or of the other person signing in the presence and at the direction of the testator” after “testator” in section 6 (2).
[2] Section 11 When and how can a will be revoked?
Omit section 11 (1) (a). Insert instead:(a) if the revocation (whether by a will or other means) is authorised by an order under section 16 or 18, or
[3] Section 14 How a will may be altered
Omit section 14 (2). Insert instead:(2) Subsection (1) does not apply to an alteration to a will made by or at the direction of the testator, or signed by the Registrar under section 23, if the words or effect of the will are no longer apparent because of the alteration.
[4] Section 16 Court may authorise minor to make, alter or revoke a will
Insert “or part of the will” after “revocation of the will” wherever occurring in section 16 (4).
[5] Section 16 (5)
Omit the subsection. Insert instead:(5) A will is not validly made, altered or revoked, in whole or in part, as authorised by an order under this section unless:(a) in the case of the making or alteration of a will (in whole or in part)—the will or alteration is executed in accordance with the requirements of Part 2.1, and(b) in the case of a revocation of a will (in whole or in part):(i) if made by a will—the will is executed in accordance with the requirements of Part 2.1, and(ii) if made by other means—is made in accordance with the requirements of the order, and(c) in addition to the requirements of Part 2.1, one of the witnesses to the making or alteration of the will under this section is the Registrar, and(d) the conditions of the authorisation (if any) are complied with.
[6] Section 21 Hearing an application for an order
Insert “under section 19” after “application” in section 21 (a).
[7] Section 31 Effect of failure of a disposition
Omit “extent, that” from section 31 (1). Insert instead “extent that,”.
[8] Section 35 Beneficiaries must survive testator by 30 days
Insert “or, if that or another period for survival appears in the will, within the period appearing in the will,” after “testator’s death,” in section 35 (1).
[9] Section 41 Dispositions not to fail because issue have died before testator
Insert “or, if that or another period for survival appears in the will, for the period appearing in the will” after “30 days” in section 41 (1) (d).
[10] Section 41 (2)
Insert “or, if that or another period for survival appears in the will, for the period appearing in the will,” after “30 days”.
[11] Section 41 (3)
Omit the subsection. Insert instead:(3) Subsection (2) does not apply if a contrary intention appears in the will.
[12] Section 41 (4)
Omit the subsection.
[13] Section 41 (5)
Omit “subsection (3) (b)”. Insert instead “subsection (3)”.
[14] Section 54 Persons entitled to inspect will of deceased person
Omit “children” from section 54 (2) (c). Insert instead “issue”.
[15] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):Statute Law (Miscellaneous Provisions) Act (No 2) 2007, to the extent that it amends this Act
[16] Schedule 1, clause 3
Omit the clause. Insert instead:3 Transitional provisions(1) Sections 4, 5, 6, 17, 19–26, 32, 35, 39, 41 and 42 apply to wills made on or after the commencement of this clause.(2) Despite subclause (1), section 41 (Dispositions not to fail because issue have died before testator) applies to a will made before the commencement of this clause if the testator has died on or after the death of the issue and the deaths occurred on or after the commencement.(3) Sections 7, 8, 10, 27–31, 33, 34, 36–38, 40, 43–54 apply to a will whenever made, if the testator dies on or after the commencement of this clause.(4) Sections 5, 11, 14 and 15 apply to the alteration, revocation or revival of a will on or after the commencement of this clause even if the will was made before the commencement.(5) The Court may make an order under section 16 or 18 with respect to the alteration or revocation of a will or part of a will even if the will was made before the commencement of this clause.(6) The repealed provisions, as in force immediately before the commencement of this clause, continue to apply to wills made before the commencement, in so far as they are not affected by the operation of subclauses (7), (8) and (9) or by the operation of the sections specified in subclause (1), (2), (3) or (4).(7) Section 9 (Persons who cannot act as witnesses to wills) extends to a document that alters or revokes a will and that is made on or after the commencement of this clause even if the will was made before the commencement.(8) Section 12 (Effect of marriage on a will) extends to a will made before the commencement of this clause, in relation to a marriage solemnised on or after the commencement.(9) Section 13 (What is the effect of divorce or an annulment on a will?) extends to a will made before the commencement of this clause, if the divorce or the annulment of the marriage occurs on or after the commencement.
[17] Schedule 1, clause 5
Omit the clause.
[18] Schedule 2 Amendment of Wills, Probate and Administration Act 1898 No 13
Insert “or, if that or another period for survival appears in the will, within the period appearing in the will (the specified period)” after “30 days” in proposed section 92A (1) (c) as to be inserted by item [7].
[19] Schedule 2 [7]
Insert “, or the specified period,” after “30 days” in proposed section 92A (2).
[20] Schedule 2 [7]
Insert “, or the specified period” after “30 days” in proposed section 92A (6).
[21] Schedule 2 [7]
Omit “a person” and “the person” wherever occurring in proposed section 92A (5) and (6).Insert instead “a survivor” and “the survivor”, respectively.
[22] Schedule 3 Amendment of other Acts and regulation
Insert after Schedule 3.5 [3]:[3A] Section 36B Contingent and future testamentary gifts to carry the intermediate incomeOmit the section.
[23] Schedule 3.5 [6] and [7]
Insert after Schedule 3.5 [5]:[6] Schedule 9 Savings, transitional and other provisionsInsert at the end of clause 1 (1):Statute Law (Miscellaneous Provisions) Act (No 2) 2007, to the extent that it amends this Act[7] Schedule 9Insert after Part 6:Part 7 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 200713 Contingent and future testamentary giftsSection 36B (Contingent and future testamentary gifts to carry the intermediate income), as in force immediately before its repeal by the Statute Law (Miscellaneous Provisions) Act (No 2) 2007, continues to apply to wills and instruments that came into operation before the commencement of the Conveyancing (Amendment) Act 1930 as if that section had not been repealed.
Explanatory note
Section 6 (1) of the Succession Act 2006 (the Act) requires a will to be signed by the testator or by some other person in the presence of and at the direction of the testator. Item [1] of the proposed amendments makes it clear that the signature of a person signing in the presence and at the direction of the testator must be made with the intention of executing the will but that it is not essential that it be at the foot of the will.
Section 11 (1) (a) of the Act currently suggests that the only way to revoke the whole or part of a will by authority of an order under section 16 or 18 of the Act is by making another will. However, the Court may make an order authorising revocation to take place in other ways under those sections. Item [2] replaces section 11 (1) (a) and items [4] and [5] amend section 16 of the Act to make it clear that a will may be revoked in whole or in part by a will or by other means, if authorised by, and done in compliance with, such an order.
Section 14 of the Act sets out the ways in which a will may be altered. Item [3] of the proposed amendments clarifies the section by setting out the circumstances in which section 14 (1) has no application.
Items [4]–[6] also make amendments to ensure consistency of expression in, and between, sections 16 and 18 of the Act.
Item [6] amends section 21 of the Act (which enables the Court to have regard to information given to the Court in support of an application) to make it clear that the information referred to is that specified in section 19.
Item [7] amends section 31 of the Act to correct a typographical error.
Items [9] and [10] amend section 41 of the Act which currently operates as an exception to the lapse rule contained in section 35 of the Act in circumstances where a beneficiary, who is the issue of the testator, fails to survive the testator for 30 days but leaves issue who do survive the testator for this period. The proposed amendment extends the exception to circumstances where a period of 30 days, or some other period for survival, appears in the will. Item [8] is a consequential amendment.
At present the exception does not apply if the original beneficiary does not fulfil a condition imposed on the original beneficiary in the will or a contrary intention appears in the will. Item [11] replaces section 41 (3) so that the exception will not apply if a contrary intention appears in the will. Item [13] makes a consequential amendment to section 41 (5). Item [12] omits section 41 (4) which currently indicates that a general requirement or condition that issue survive the testator or reach a specified age does not indicate such a contrary intention.
Item [14] amends section 54 of the Act to require the person having possession or control of the will of a deceased person to allow the issue (not only the children) of the deceased person to inspect or be given copies of the will.
Item [15] enables the making of savings and transitional regulations.
Items [16] and [17] replace transitional provisions concerning the application of provisions of the Act.
Items [18], [19] and [20] make amendments to new section 92A as to be inserted in the Wills, Probate and Administration Act 1898 by Schedule 2 to the Succession Act 2006 so that the section will be consistent with section 41 as proposed to be amended by items [9] and [10].
Item [21] amends new section 92A so that a defined term is used consistently in the section.
Item [22] repeals section 36B of the Conveyancing Act 1919. It has been replaced by section 34 of the Succession Act 2006. Item [23] provides for the making of savings and transitional regulations and continues the application of the repealed section to certain wills and instruments.
Section 9A
Insert after section 9:9A Protection from personal liability(1) Any matter or thing done or omitted to be done by a person who is the Chairperson or an appointed member of a local land board does not, if the matter or thing was done or omitted in good faith for the purpose of exercising a function under this or any other Act, make the person personally liable to any action, claim or demand in respect of that matter or thing.(2) However, any such liability attaches instead to the Crown.
Explanatory note
The proposed amendment to the Western Lands Act 1901 (the Act) provides that the Chairperson and members of local land boards are protected from personal liability for their actions and omissions done in good faith for the purpose of exercising any of their functions under the Act or any other Act.
Schedule 2 Amendments by way of statute law revision
(Section 3)
[1] Section 545B (2), definition of “Intimidation”
Omit “meaning, and”. Insert instead “meaning.”.
[2] Section 545B (2), definition of “Injury”
Omit “nature, and”. Insert instead “nature.”.
Explanatory note
Items [1] and [2] of the proposed amendments omit redundant words.
[1] Clause 3, definition of “Director-General”
Omit “Attorney-General’s”. Insert instead “Attorney General’s”.
[2] Schedule 4, clause 1
Omit “In this Part:”. Insert instead “In this Schedule:”.
Explanatory note
Item [1] of the proposed amendments corrects a reference to a Minister.
Item [2] of the proposed amendments corrects a reference.
[1] Section 5 (2)
Insert “(other than in Schedule 2)” after “in this Act”.
[2] Schedule 2, notes, item 5
Omit “within 7 days of the certificate being”.Insert instead “as soon as practicable after the certificate is”.
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments corrects a note.
Section 218BA, note
Omit “mortgage duty is to be reduced by half on 1 January 2010 and abolished on 1 January 2011”.Insert instead “mortgage duty is to be abolished on 1 July 2009”.
Explanatory note
The proposed amendment corrects a note.
Clause 76
Insert “In this Division:” after the heading to the clause.
Explanatory note
The proposed amendment inserts missing words.
Schedule 5, Part 3
Omit the Part. Insert instead:
Explanatory note
The proposed amendment updates references to a repealed regulation.
Clause 52A (as inserted by Maitland Local Environmental Plan 1993 (Amendment No 96))
Renumber the clause as clause 52B.
Explanatory note
The proposed amendment corrects duplicate clause numbering.
Schedule 1
Omit “Fisheries Management (Aquaculture) Regulation 2002” wherever occurring.Insert instead “Fisheries Management (Aquaculture) Regulation 2007”.
Explanatory note
The proposed amendment updates references to a repealed regulation.
Section 4 (2)
Insert “(other than in Schedule 1)” after “in this Act”.
Explanatory note
The proposed amendment clarifies the status of notes.
[1] Section 3 (4)
Insert at the end of section 3:(4) Notes included in this Act do not form part of this Act.
[2] Schedule 1
Omit “(Section 41)”. Insert instead “(Section 78)”.
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Item [2] of the proposed amendments corrects a cross-reference.
Schedule 13, Part 2, Group 3
Omit “Cyanthea”. Insert instead “Cyathea”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 41 (2), definition of “Sydney Latitude”
Omit “33° 52′ 02.71 S”. Insert instead “33° 52′ 02.71″S”.
Explanatory note
The proposed amendment inserts missing units.
Clause 100AA
Omit “paragraph (h)” wherever occurring. Insert instead “paragraph (g)”.
Explanatory note
The proposed amendment corrects cross-references.
Schedule 1
Omit the definition of relic that refers to “Queanbeyan City”.
Explanatory note
The proposed amendment omits a superseded definition.
Section 5 (1) (h)
Omit “regulation”. Insert instead “statutory rule”.
Explanatory note
The proposed amendment confirms that statutory rules form part of the road transport legislation.
Section 100B (6), definition of “special fire protection purpose”
Omit paragraph (f). Insert instead:(f) seniors housing within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,
Explanatory note
The proposed amendment updates a cross-reference.
Clause 27 (1)
Omit “Bushfire”. Insert instead “Bush Fire”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Schedule 6, Part 1, clause 1 (3), note
Omit “Schedule 3.w” from the note to the subclause.Insert instead “Schedule 3.”.
[2] Schedule 8, clause 1 (g)
Renumber subparagraph (ii) where secondly occurring as subparagraph (iii).
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments corrects duplicate subparagraph numbering.
2.19 State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007
Clauses 15 (3) (e) and 16 (3) (d)
Omit “clause 18 of the Standard Instrument (Local Environmental Plans) Order 2006” wherever occurring.Insert instead “clause 18 of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006”.
Explanatory note
The proposed amendment clarifies a cross-reference.
Section 11 (6)
Omit “10 (3)”. Insert instead “10 (4)”.
Explanatory note
The proposed amendment corrects a cross-reference.
Schedule 6, items 3 and 4
Omit “(Amendment No 3)” wherever occurring.Insert instead “(Amendment No 3)’”.
Explanatory note
The proposed amendment inserts missing punctuation.
[1] Section 25 (b)
Omit “Permanent Trustee Company Limited”.Insert instead “Trust Company Fiduciary Services Limited”.
[2] Section 36A (1)
Omit “J.P. Morgan Trust Australia Limited, the Permanent Trustee Company Limited”.Insert instead “BNY Trust Company of Australia Limited, the Trust Company Fiduciary Services Limited”.
[3] Section 36B (2)
Omit “Permanent Trustee Company Limited”.Insert instead “Trust Company Fiduciary Services Limited”.
[4] Second Schedule
Omit “Permanent Trustee Company Limited”.Insert instead “Trust Company Fiduciary Services Limited”.
[5] Third Schedule, First Part
Omit “Permanent Trustee Company Limited”.Insert instead “Trust Company Fiduciary Services Limited”.
[6] Third Schedule, First Part
Omit “J.P. Morgan Trust Australia Limited”.Insert instead “BNY Trust Company of Australia Limited”.
Explanatory note
The proposed amendments are consequential on the change of name of companies.
[1] Clause 7 (2) (b)
Omit “Permanent Trustee Company Limited”.Insert instead “Trust Company Fiduciary Services Limited”.
[2] Clause 7 (2) (e)
Omit “J.P. Morgan Trust Australia Limited”.Insert instead “BNY Trust Company of Australia Limited”.
Explanatory note
The proposed amendments are consequential on the change of name of companies.
Section 49 (5)
Omit “prescribed”. Insert instead “prescribe”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 29 (1)
Renumber paragraph (b) where secondly occurring as paragraph (c).
[2] Clause 29 (1), note
Omit “imit”. Insert instead “limit”.
[3] Schedule 2
Omit “hare” from the matter relating to Target 9b.Insert instead “share”.
Explanatory note
Item [1] of the proposed amendments corrects duplicate paragraph numbering.
Items [2] and [3] of the proposed amendments correct typographical errors.
Section 40
Omit “section 38”. Insert instead “section 39”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Clause 13AA and the tables to clauses 14, 35, 42, 47 and 53
Omit “Explanatory note.” wherever occurring. Insert instead “Note.”
[2] Clause 13AB Notes
Omit “In this plan, the explanatory notes”.Insert instead “Notes in this plan”.
Explanatory note
The proposed amendments clarify the status of notes.
Schedule 3 Amendments consequential on publication of Planning for Bush Fire Protection
(Section 3)
Explanatory note
The amendments proposed in this Schedule update a number of environmental planning instruments to take into account the preparation in December 2006 of a new edition of Planning for Bush Fire Protection by the NSW Rural Fire Service in co-operation with the Department of Planning.
Clause 22 (3) (c)
Omit “Planning for Bushfire Protection, ISBN 0 9585987 89, produced by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
Dictionary, definition of “asset protection zone”
Omit “Planning for Bushfire Protection published in December 2001 by the NSW Rural Fire Service in collaboration with Planning NSW”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clauses 78 (2) and (3), 81 (2)–(4), 82 (2)–(4), 83 (3) (a), 86 and 117 (1) and Dictionary, definitions of “vegetation group 1”, “vegetation group 2” and “vegetation group 3”
Omit “Bushfire” wherever occurring. Insert instead “Bush Fire”.
[2] Dictionary, definition of “Planning for Bushfire Protection”
Omit the definition. Insert instead:Planning for Bush Fire Protection means the document of that name, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
Clause 37 (3) (b)
Omit “Planning for Bushfire Protection, ISBN 0 9585987 8 9, produced by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 18 (2)
Omit “publication Planning for Bushfire Protection (December 2001) produced by the Department and the NSW Rural Fire Service”.Insert instead “document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 42A (1) (d) and (2)
Omit “Planning for Bushfire Protection” wherever occurring.Insert instead “Planning for Bush Fire Protection”.
[2] Clause 42A (3), definition of “Planning for Bushfire Protection”
Omit the definition. Insert instead:Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
[1] Clause 28 (2)
Omit “Planning for Bushfire Protection”.Insert instead “Planning for Bush Fire Protection”.
[2] Clause 28 (3), definition of “Planning for Bushfire Protection”
Omit the definition. Insert instead:Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
Clause 10 (2) (e)
Omit “trees within a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services”.Insert instead “trees within an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
Clause 26 (3)
Omit “Planning for Bushfire Protection, published by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 35 (1) (a)
Omit “December 2001 publication Planning for Bush Fire Protection produced by the Department and the Rural Fire Service”.Insert instead “document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 10 (2) (e)
Omit “trees within a fuel free zone within the meaning of the document entitled “Planning for Bush Fire Protection” published by the Department of Bush Fire Services”.Insert instead “trees within an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
Clause 11, table
Omit “Planning for Bushfire Protection prepared by the Department of Urban Affairs and Planning” from item 21 of the table.Insert instead “entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 6 (1), definition of “bushfire hazard reduction”
Omit the definition. Insert instead:bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard in accordance with the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
[2] Clause 28 (4) (d)
Omit “the tree is in a fuel free zone (within the meaning of the document entitled ‘Planning for Bushfire Protection’ published by the Department of Rural Fire Services)”.Insert instead “the tree is in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 22 (3) (i)
Omit “in a fuel free zone within the meaning of the document entitled Planning for Bush Fire Protection published by the Department of Bush Fire Services”.Insert instead “in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 33 (3) (a)
Omit “the guidelines provided by the latest edition of the publication Planning for Bushfire Protection approved by the Department and the Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
[2] Clause 33 (3) (a), note
Omit the note.
Clause 45C (4) (l)
Omit “Planning for Bushfire Protection 2001 as produced by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 48 (a)
Omit “Planning for Bushfire Protection published by the NSW Rural Fire Service in collaboration with Planning NSW in December 2001, or such Acts, regulations or documents as may replace these”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 20 (4) (b)
Omit “Planning for Bushfire Protection, produced by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[2] Clause 20 (5) (a)
Omit the paragraph. Insert instead:(a) be satisfied that the development will be in accordance with Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and
Schedule 4
Omit “Planning for Bushfire Protection (published in December 2001 by the NSW Rural Fire Service in collaboration with the Department of Planning)” wherever occurring.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
Clause 42 (6) (d) (i)
Omit “that the tree was in a fuel free zone within the meaning of the document entitled Planning for Bush Fire Protection published by the Department of Bush Fire Services”.Insert instead “that the tree was in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 39 (2) (e)
Omit “Planning for Bushfire Protection—2001”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006,”.
[2] Dictionary, definition of “asset protection zone”
Omit “Planning for Bush Fire Protection—Guidelines”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[1] Clause 11C (2) (k) (i)
Omit “‘Planning for Bushfire Protection’ guidelines published by the NSW Rural Fire Service”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
[2] Clause 28 (3) (a)
Omit “Planning for Bushfire Protection (ISBN 0 9585987 8 9), prepared by Planning & Environment Services, NSW Rural Fire Service in co-operation with the Department of Planning (as it then was), and published in December 2001”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 44 (3) (d)
Omit “in a fuel free zone within the meaning of the document entitled ‘Planning for Bush Fire Protection’ published by the Department of Bush Fire Services where the tree is of a size or species that represents a fire hazard in that fuel free zone”.Insert instead “in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 34 (8) (c) (i)
Omit “Planning for Bushfire Protection published in December 2001 by the NSW Rural Fire Service in collaboration with Planning NSW”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Schedule 2
Omit “Planning for Bushfire Protection (ISBN 0 9585987 8 9, published by Planning & Environment Services, NSW Rural Fire Service in co-operation with the former Department of Urban Affairs and Planning, and dated December 2001) have been met in the design and siting of all buildings on the site” from the matter relating to Lot 502, DP 866791 under the heading “Wentworth Road”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, have been met”.
[1] Clause 17B (2)
Omit “Planning for Bushfire Protection”.Insert instead “Planning for Bush Fire Protection”.
[2] Clause 17B (3), definition of “Planning for Bushfire Protection”
Omit the definition. Insert instead:Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.
Clause 39A (3)
Omit “Planning for Bushfire Protection, prepared by Planning & Environment Services, NSW Rural Fire Service in co-operation with the then Department of Urban and Transport Planning, and dated December 2001”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Clause 13C (9) (d) (i)
Omit “Planning for Bushfire Protection, ISBN 0 9585987 8 9, prepared by Planning & Environment Services, NSW Rural Fire Service in co-operation with the former Department of Urban Affairs and Planning, and dated December 2001”.Insert instead “Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006”.
Schedule 4 Amendments transferring provisions
(Section 3)
Section 11
Insert after section 10:11 Repeal of Act does not affect operation of certain provisions(1) Despite the repeal of the Border Railways (Grain Elevators) Amendment Act 1957, sections 1 (2) and 2–6 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 1 (2) and 2–6 of the Border Railways (Grain Elevators) Amendment Act 1957 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
[1] Schedule 6 Savings, transitional and other provisions
Insert after clause 3:3A Application of amendment(1) The amendment made by the amending Act extends to the consents granted by Port Stephens Shire Council on 7 June 1978 and 28 March 1979 to RZM (Newcastle) Limited in respect of mineral sandmining on land comprised in Mining Leases 594, 1226 and 744 despite the decision of the Land and Environment Court in Paul Winn v Director-General of National Parks and Wildlife and RZM Pty Limited(No 40209 of 1995).(2) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.(3) In this clause:amending Act means the Environmental Planning Legislation Amendment Act 1995.
[2] Schedule 6, Part 9A
Insert after clause 37:37A Compensation(1) To remove any doubt, the Land Acquisition (Just Terms Compensation) Act 1991 does not apply to anything done or required to be done pursuant to a consent granted before or after 5 June 2000 (the commencement of the amending Act) in accordance with a provision referred to in section 7 (1) (a), (b) or (c) of the amending Act.(2) Subclause (1) re-enacts (with minor modifications) section 9 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.(3) In this clause:amending Act means the Environmental Planning and Assessment Amendment (Affordable Housing) Act 2000.
Section 20
Insert after section 19:20 Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Farm Water Supplies (Transfer of Functions) Amendment Act 1986, clauses 4, 5, 7 and 9 of Schedule 3 to that Act continue to have effect and are taken to have been transferred to this Act.(2) Clauses 4, 5, 7 and 9 of Schedule 3 to the Farm Water Supplies (Transfer of Functions) Amendment Act 1986 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Section 7
Insert after section 6:7 Repeal of Acts does not affect operation of savings and transitional provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subsection, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Schedule 6 Savings, transitional and other provisions
Insert after clause 1:Part 1A Effect of repeal of Act1A Repeal of Act does not affect operation of savings and transitional provision(1) Despite the repeal of the Trotting Authority (Amendment) Act 1981, section 4 of that Act continues to have effect and is taken to have been transferred to this Act.(2) Section 4 of the Trotting Authority (Amendment) Act 1981 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Schedule 1 Savings and transitional provisions
Insert after clause 1:Part 1AA Effect of repeal of Act1AA Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Heritage (Elizabeth Farm) Amendment Act 1985, section 4 of, and clause 3 of Schedule 3 to, that Act continue to have effect and are taken to have been transferred to this Act.(2) Section 4 of, and clause 3 of Schedule 3 to, the Heritage (Elizabeth Farm) Amendment Act 1985 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Section 3
Insert after Part 2:3 Repeal of Act does not affect operation of savings and transitional provision(1) Despite the repeal of the Law Reform (Miscellaneous Provisions) (De Facto Relationships) Amendment Act 1984, section 4 of that Act continues to have effect and is taken to have been transferred to this Act.(2) Section 4 of the Law Reform (Miscellaneous Provisions) (De Facto Relationships) Amendment Act 1984 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts
Insert after clause 1:Part 1A Effect of repeal of certain Acts1A Repeal of Acts does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Schedule H Savings and transitional provisions
Insert after clause 1:Part 1A Effect of repeal of certain Acts1A Repeal of Acts does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Section 27
Insert after section 26:27 Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Moore-street Improvement Act Amendment Act of 1892, sections 1, 3 and 4 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 1, 3 and 4 of the Moore-street Improvement Act Amendment Act of 1892 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 1 Savings and transitional provisions
Insert after clause 1:2 Repeal of Acts does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Section 5
Insert after section 4:5 Repeal of Act does not affect operation of certain provisions(1) Despite the repeal of the Newcastle Agricultural, Horticultural, and Industrial Association (Extension) Act 1925, section 2 of, and the Schedule to, that Act continue to have effect and are taken to have been transferred to this Act.(2) Section 2 of, and the Schedule to, the Newcastle Agricultural, Horticultural, and Industrial Association (Extension) Act 1925 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 1 Savings, transitional and other provisions
Insert after clause 11:12 Repeal of Acts does not affect operation of savings and transitional provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Schedule 1 Savings, transitional and other provisions
Insert after clause 1:Part 1A Effect of repeal of Act1A Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Pipelines (Amendment) Act 1974, section 2 of that Act continues to have effect and is taken to have been transferred to this Act.(2) Section 2 of the Pipelines (Amendment) Act 1974 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Schedule 6 Savings and transitional provisions
Insert after clause 1:Part 1A Effect of repeal of certain Acts1A Repeal of Acts does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Ninth Schedule Savings and transitional provisions
Insert after clause 2:Effect of repeal of certain Acts3 Repeal of Acts does not affect operation of savings and transitional provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Section 9
Insert after section 8:9 Repeal of Act does not affect operation of savings and transitional provision(1) Despite the repeal of the Seat of Government Surrender (Amendment) Act 1923, section 4 of, and the Schedule to, that Act continue to have effect and are taken to have been transferred to this Act.(2) Section 4 of, and the Schedule to, the Seat of Government Surrender (Amendment) Act 1923 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Tenth Schedule Savings, transitional and other provisions
Insert after clause 1A:Part 1B Effect of repeal of Act1B Repeal of Act does not affect operation of exemption(1) Despite the repeal of the Stamp Duties (Churches) Amendment Act 1977, section 4 of that Act continues to have effect and is taken to have been transferred to this Act.(2) Section 4 of the Stamp Duties (Churches) Amendment Act 1977 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Section 44
Insert after section 43:44 Repeal of Act does not affect operation of savings and transitional provision(1) Despite the repeal of the Stanford Coal-mine Railway (Amendment) Act 1943, sections 2–6 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 2–6 of the Stanford Coal-mine Railway (Amendment) Act 1943 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
[1] Schedule 25 Savings and transitional provisions
Insert at the beginning of the list of Acts in clause 1 (1):
[2] Schedule 25, Part 1A
Insert after clause 1:Part 1A Effect of repeal of certain Acts1A Repeal of Acts does not affect operation of savings and transitional provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Section 15
Insert after section 14:15 Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Sydney Grammar School (Amendment) Act 1972, sections 2 and 3 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 2 and 3 of the Sydney Grammar School (Amendment) Act 1972 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 5 Savings, transitional and other provisions
Insert after clause 1:Part 1A Effect of repeal of Act1A Repeal of Act does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Sydney Cove Redevelopment Authority (Amendment and Validation) Act 1985, sections 8–10 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 8–10 of the Sydney Cove Redevelopment Authority (Amendment and Validation) Act 1985 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 3 Savings and transitional provisions
Insert after clause 2:Part 1A Effect of repeal of Act2A Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980, clauses 4–6 and 16 of Schedule 3 to that Act continue to have effect and are taken to have been transferred to this Act.(2) Clauses 4–6 and 16 of Schedule 3 to the Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Section 38
Insert after section 37A:38 Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Trustee Companies (Amendment) Act 1983, sections 3–5 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 3–5 of the Trustee Companies (Amendment) Act 1983 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 3 Savings and transitional provisions
Insert after clause 10:10A Repeal of Acts does not affect operation of savings and transitional provisions(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Section 12
Insert after section 11:12 Repeal of Act does not affect operation of certain provisions(1) Despite the repeal of the Voluntary Workers (Soldiers’ Holdings) Amendment Act 1974, sections 4–8 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 4–8 of the Voluntary Workers (Soldiers’ Holdings) Amendment Act 1974 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 3 Savings and transitional provisions
Insert after clause 1:Part 1A Effect of repeal of Act1A Repeal of Act does not affect operation of certain provision(1) Despite the repeal of the Wentworth Irrigation (Amendment) Act 1979, section 4 of that Act continues to have effect and is taken to have been transferred to this Act.(2) Section 4 of the Wentworth Irrigation (Amendment) Act 1979 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Schedule 3 Savings, transitional and other provisions
Insert after clause 1AAA:Part 1AA Effect of repeal of Act1AAB Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Western Lands (Amendment) Act of 1905, sections 11, 13–16, 27–29 and 33–40 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 11, 13–16, 27–29 and 33–40 of the Western Lands (Amendment) Act of 1905 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 6 Savings, transitional and other provisions
Insert after Part 18:Part 18AA Provisions consequent on enactment of Miscellaneous Acts (Workers’ Compensation) Amendment Act 19841 Repeal of Act does not affect operation of savings, transitional and other provisions(1) Despite the repeal of the Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984, clauses 1–6 and 8–10 of Schedule 2 to that Act continue to have effect and are taken to have been transferred to this Act.(2) Clauses 1–6 and 8–10 of Schedule 2 to the Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Section 13
Insert after section 12:13 Repeal of Act does not affect operation of savings and transitional provisions(1) Despite the repeal of the Young Men’s Christian Association of Sydney Incorporation (Amendment) Act 1976, sections 3 and 4 of that Act continue to have effect and are taken to have been transferred to this Act.(2) Sections 3 and 4 of the Young Men’s Christian Association of Sydney Incorporation (Amendment) Act 1976 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Schedule 5 Repeals
(Section 4)
Part 1 Acts that are redundant
Appropriation Act 2006 No 46Part 2 Acts that contain only amendments that are commenced
Note—
Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act is repealed, no amendment or validation made by the Act is affected.
Part 3 Acts that contain only commenced amendments and redundant savings, transitional and other provisions
Note—
Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act is repealed, no amendment or validation made by the Act is affected. Section 30 (2) (d) ensures that, when an Act is repealed, the operation of any savings or transitional provision contained in the Act is not affected.
Superannuation (Retrenchment) Amendment Act 1987 No 40
Part 4 Acts that contain only commenced amendments and provisions being transferred to another Act by Schedule 4
Note—
Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act is repealed, no amendment or validation made by the Act is affected. Section 30A provides that, when a provision is transferred from an Act to another Act and an Act states that the provision is a transferred provision to which section 30A applies, the transfer does not affect the operation (if any) or meaning of the provision.
Column 1 | Column 2 |
Name of Act being repealed | Act to which provisions being transferred by Schedule 4 |
Newcastle Agricultural, Horticultural and Industrial Association Act of 1905 | |
Superannuation (Amendment) Act 1972 No 66 | |
Explanatory note
Part 1 repeals Acts that are redundant.
Part 2 repeals Acts that contain only amendments, or amendments and repeals, that have commenced.
Part 3 repeals Acts that contain only amendments, or amendments and repeals, that have commenced and savings, transitional or other provisions that are redundant.
Part 4 repeals Acts that contain only amendments that have commenced and savings, transitional or other provisions the operation of which is preserved by amendments proposed to be made by Schedule 4 to this Act.
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 being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel’s Office and are available electronically (www.legislation.nsw.gov.au).
Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not affected when an Act or statutory rule is amended or repealed:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act or statutory rule,
(c) any amendment or validation made by the Act or statutory rule,
(d) the operation of any savings or transitional provision contained in the Act or statutory rule.
Schedule 6 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 (whether or not the amending provision has been repealed).(2) In this clause:amending provision means a provision of an Act that makes a direct amendment to an Act by:(a) the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act.Explanatory noteThis clause ensures that certain amendments, including amendments correcting errors in technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will be taken to have commenced 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 or an instrument, 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 or an instrument,Explanatory noteThis clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Application of Interpretation Act 1987 to amendments to statutory rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to any amendments to statutory rules made by this Act.Explanatory noteThis clause makes it clear that certain provisions concerning the making, tabling and disallowance of statutory rules do not apply to amendments to statutory rules made by the proposed Act.
4 Effect of amendment on instruments
(1) Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.(2) The amendment of an instrument by this Act does not prevent its later amendment or repeal by another instrument.Explanatory noteSubclause (1) ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.Subclause (2) ensures that the amendment of an instrument by the proposed Act does not prevent its later amendment or repeal by another instrument.
5 Revocation of repeal
(1) The Governor may by proclamation published in the Gazette revoke the repeal of any Act or instrument effected by this Act.(2) Any Act or instrument the subject of a proclamation under subclause (1) is taken not to be, and never to have been, repealed by this Act.(3) Subclause (2) does not operate in respect of any Act or instrument 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 publication in the Gazette of the proclamation under subclause (1) in respect of that Act or instrument, 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 publication of that proclamation.(4) A reference in this clause to an Act or instrument includes a reference to a provision of any Act or instrument.Explanatory noteThis clause enables the Governor, by proclamation, to revoke the repeal of any Act or instrument or the provision of any Act or instrument repealed by this Act. The Act or instrument or provision of an Act or instrument the subject of the revocation of repeal is taken not to be, and never to have been, repealed.
6 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 proposed Act.
1 Index of Acts and instruments amended by Schedules 1–4
Bathurst Regional (Interim) Local Environmental Plan 2005—Schedule 3Bellingen Local Environmental Plan 2003—Schedule 3
Blue Mountains Local Environmental Plan 2005—Schedule 3
Border Railways Act 1922 No 16—Schedule 4
Contaminated Land Management Act 1997 No 140—Schedule 1
Conveyancing Act 1919 No 6—Schedule 1
Crimes Act 1900 No 40—Schedule 2
Criminal Assets Recovery Act 1990 No 23—Schedule 1
Criminal Procedure Regulation 2005—Schedule 2
Crown Lands Act 1989 No 6—Schedule 1
Drug and Alcohol Treatment Act 2007 No 7—Schedule 2
Dungog Local Environmental Plan 2006—Schedule 3
Duties Act 1997 No 123—Schedule 2
Fair Trading Act 1987 No 68—Schedule 1
Fair Trading Regulation 2007—Schedule 2
Farm Water Supplies Act 1946 No 22—Schedule 4
Fines Act 1996 No 99—Schedule 1
Firearms Act 1996 No 46—Schedule 1
Freedom of Information Regulation 2005—Schedule 1
Gilgandra Local Environmental Plan 2004—Schedule 3
Great Lakes Local Environmental Plan 1996—Schedule 3
Gunnedah Local Environmental Plan 1998—Schedule 3
Harness Racing Act 2002 No 39—Schedule 4
Heritage Act 1977 No 136—Schedule 4
Home Building Act 1989 No 147—Schedule 1
Hunter Water Act 1991 No 53—Schedule 1
Lake Macquarie Local Environmental Plan 2004—Schedule 3
Liverpool Local Environmental Plan 1997—Schedule 3
Local Government Act 1993 No 30—Schedules 1 and 4
Maitland Local Environmental Plan 1993—Schedule 2
Marine Parks Regulation 1999—Schedule 2
Mental Health Act 2007 No 8—Schedule 2
Nambucca Local Environmental Plan 1995—Schedule 3
National Parks and Wildlife Act 1974 No 80—Schedule 2
Native Vegetation Regulation 2005—Schedule 2
Pipelines Act 1967 No 90—Schedule 4
Police Integrity Commission Act 1996 No 28—Schedule 1
Port Stephens Local Environmental Plan 2000—Schedule 3
Public Works Act 1912 No 45—Schedule 4
Queanbeyan Local Environmental Plan 1998—Schedule 2
Real Property Act 1900 No 25—Schedule 1
Residential Parks Act 1998 No 142—Schedule 1
Road Transport (General) Act 2005 No 11—Schedule 2
Rural Fires Act 1997 No 65—Schedule 2
Seat of Government Surrender Act 1909 No 14—Schedule 4
Security Industry Act 1997 No 157—Schedule 1
Severn Local Environmental Plan 2002—Schedule 3
Shoalhaven Local Environmental Plan 1985—Schedule 3
Snowy River Local Environmental Plan 1997—Schedule 3
Stamp Duties Act 1920 No 47—Schedule 4
Stanford Coal-mine Railway Act of 1900—Schedule 4
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004—Schedule 2
State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007—Schedule 2
Stock Diseases Act 1923 No 34—Schedule 1
Stock Diseases Regulation 2004—Schedule 1
Subordinate Legislation Act 1989 No 146—Schedule 2
Succession Act 2006 No 80—Schedule 1
Superannuation Act 1916 No 28—Schedule 4
Sydney Grammar School Act 1854—Schedule 4
Tallaganda Local Environmental Plan 1991—Schedule 2
Tamworth Local Environmental Plan 1996—Schedule 3
Teaching Service Act 1980 No 23—Schedule 4
Trustee Companies Act 1964 No 6—Schedules 2 and 4
Trustee Companies Regulation 2005—Schedule 2
Tweed Local Environmental Plan 2000—Schedule 3
University of Sydney Act 1989 No 124—Schedule 4
Water Industry Competition Act 2006 No 104—Schedule 2
Wentworth Irrigation Act 1890 54 Vic No 7—Schedule 4
Western Lands Act 1901 No 70—Schedules 1 and 4
Western Sydney Parklands Act 2006 No 92—Schedule 2
Willoughby Local Environmental Plan 1995—Schedules 2 and 3
Workers Compensation Act 1987 No 70—Schedule 4
2 Index of Acts repealed by Schedule 5
Administration of Justice Act 1973 No 19Superannuation (Amendment) Act 1972 No 66
Superannuation (Retrenchment) Amendment Act 1987 No 40