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An Act to repeal certain Acts and instruments 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) 2010.

2 Commencement

(1) This Act commences on 7 January 2011, except as provided by this section.
(2) The amendments made by the Schedules to this Act 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 7 January 2011.

3 Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.

Schedule 1 Minor amendments

1.1–1.7

(Repealed)

1.8 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11

[1] Part 3 Societies

Omit Division 6.

[2] Section 177 Application of Corporations Act to winding-up of societies

Insert after section 177 (1) (c):

(c1)  a reference to the Court or the Court (within the meaning of section 58AA) in Division 2A of Part 5.7B is to be read as a reference to the Supreme Court,
(c2)  section 588FK is to be read as if the definition of PPSA security inerest in section 588FK (4) read as follows and the note to the section were omitted:

PPSA security interest (short for Personal Property Securities Act security interest) means a security interest to which the Personal Property Securities Act 2009 of the Commonwealth applies (including a transitional security interest within the meaning of that Act).
(c3)  section 588FL (1) (a) is to be read as if the following subparagraph were inserted after subparagraph (i):

“(ia)  a certificate is issued by the Registrar under section 176 of the Co-operative Housing and Starr-Bowkett Societies Act 1998 for the winding up of a society;”,
(c4)  the definition of critical time in section 588FL (7) is to be read as if the words “(as applied and modified by section 177 of the Co-operative Housing and Starr-Bowkett Societies Act 1998)” were inserted after “513B” in paragraph (a) of that definition,

[3]–[6] (Repealed)

Explanatory note

The Personal Property Securities Act 2009 of the Commonwealth (the PPS Act), on its commencement, will provide for the effect, registration and enforcement of security interests in personal property. Chapter 2K of the Corporations Act 2001 of the Commonwealth (the Corporations Act) currently provides for the registration of company charges. Chapter 2K will be repealed by the Personal Property Securities (Corporations and Other Amendments) Act 2010 of the Commonwealth (the PPS amending Act). Such charges will in the future be subject to the provisions of the PPS Act. As part of the transfer of company charges to the PPS Act regime, terminology relating to such charges will also be changed.

Currently, the Co-operative Housing and Starr-Bowkett Societies Act 1998 (the Act) applies (with some modifications) the provisions of Chapter 2K of the Corporations Act to co-operative housing society charges (including by making provision for a Register of Co-operative Housing Society Charges). These provisions will become outdated on the commencement of the PPS Act and the repeal of Chapter 2K of the Corporations Act.

Item [1] of the proposed amendments omits a Division of the Act relating to the registration of co-operative housing society charges.

Item [2] of the proposed amendments makes an amendment to the Act that is consequential on the amendments made to the Corporations Act by the PPS amending Act.

Item [4] of the proposed amendments enables the Governor to make regulations of a savings or transitional nature consequent on the enactment of the amendments made by the proposed Act. Item [5] of the proposed amendments makes a consequential amendment.

Item [6] of the proposed amendments enacts provisions of a savings and transitional nature consequent on the repeal of the provisions of the Act dealing with the registration of co-operative housing society charges. These provisions include provisions to confer powers on the Registrar under the Act:

(a) to provide information to Commonwealth officers to assist in the establishment of the Personal Property Securities Register under the PPS Act, and

(b) to clarify the accuracy of information recorded in the Register of Co-operative Housing Society Charges and to make amendments to the Register to improve its accuracy.

Item [3] of the proposed amendments makes a consequential amendment to a heading.

1.9 Co-operative Housing and Starr-Bowkett Societies Regulation 2005

[1] Clause 7 Inspection of documents

Insert “that were lodged before the repeal of section 88 of the Act” after “section 88 of the Act)” in clause 7 (t).

[2] Part 5 Registration of charges

Omit the Part.

[3] Schedule 2 Fees

Omit items 9–14 (including the section reference in Column 2 and introductory wording in Column 3 before item 9).

Explanatory note

The proposed amendments to the Co-operative Housing and Starr-Bowkett Societies Regulation 2005 are consequential on the amendments proposed to be made to the Co-operative Housing and Starr-Bowkett Societies Act 1998 elsewhere in this Schedule.

1.10 Co-operatives Act 1992 No 18

[1] Section 40 Lodgment of documents etc not to constitute constructive notice

Omit section 40 (2).

[2] Part 10 Funds, property etc

Omit the heading of Division 3. Insert instead:
Division 3 Receivers and Managers

[3] Section 278 Registration of charges

Omit the section.

[4] Section 343B Application of Corporations Act concerning insolvent co-operatives

Insert after section 343B (b):

(b1)  a reference to the Court or the Court (within the meaning of section 58AA) in Division 2A of Part 5.7B is to be read as a reference to the Supreme Court,
(b2)  section 588FK is to be read as if the definition of PPSA security interest in section 588FK (4) read as follows and the note to the section were omitted:

PPSA security interest (short for Personal Property Securities Act security interest) means a security interest to which the Personal Property Securities Act 2009 applies (including a transitional security interest within the meaning of that Act).
(b3)  section 588FL (1) (a) is to be read as if the following subparagraph were inserted after subparagraph (i):

“(ia)  a certificate is issued by the Registrar under section 324 of the Co-operatives Act 1992 for the winding up of a co-operative;”,
(b4)  the definition of critical time in section 588FL (7) is to be read as if the words “(as applied and modified by section 325 of the Co-operatives Act 1992)” were inserted after “513B” in paragraph (a) of that definition,

[5] Schedule 3 Registration etc of charges

Omit the Schedule.

[6]–[8] (Repealed)

Explanatory note

Currently, the Co-operatives Act 1992 (the Act) applies provisions based largely on Chapter 2K of the Corporations Act to co-operative charges (including by making provision for a Register of Co-operative Charges). These provisions will become outdated on the commencement of the PPS Act and the repeal of Chapter 2K of the Corporations Act.

Items [3] and [5] of the proposed amendments omit provisions of the Act relating to the registration of co-operative charges. Items [1] and [2] of the proposed amendments make consequential amendments.

Item [4] of the proposed amendments makes an amendment to the Act that is consequential on the amendments made to the Corporations Act by the PPS amending Act.

Item [7] of the proposed amendments enables the Governor to make regulations of a savings or transitional nature consequent on the enactment of the amendments made by the proposed Act.

Item [8] of the proposed amendments enacts provisions of a savings and transitional nature consequent on the repeal of the provisions of the Act dealing with the registration of co-operative charges. These provisions include provisions to confer powers on the Registrar under the Act:

(a) to provide information to Commonwealth officers to assist in the establishment of the Personal Property Securities Register under the PPS Act, and

(b) to clarify the accuracy of information recorded in the Register of Co-operative Charges and to make amendments to the Register to improve its accuracy.

Item [6] of the proposed amendments makes a consequential amendment to a heading.

1.11 Co-operatives Regulation 2005

[1] Clause 34 Application for registration of participating co-operative as foreign co-operative

Omit clause 34 (3) (e).

[2] Clause 35 Application for registration of non-participating co-operative as foreign co-operative

Omit clause 35 (3) (h).

[3] Clause 43 Inspection of Register

Omit clause 43 (c) (ii).

[4] Clause 43 (p)

Omit “or under clause 44 of Schedule 3 to the Act”.

[5] Clause 47 Charges required to be registered

Omit the clause.

[6] Clause 48 Inspection of register of charges

Omit the clause.

[7] Clause 49 Copies of register of charges

Omit the clause.

[8] Clause 50 Request for certificate of particulars of charge

Omit the clause.

[9] Schedule 6 Fees

Omit items 80–87.

Explanatory note

The proposed amendments to the Co-operatives Regulation 2005 are consequential on the amendments proposed to be made to the Co-operatives Act 1992 elsewhere in this Schedule.

1.12–1.33

(Repealed)

sch 1: Am 1987 No 15, sec 30C.

schs 2–4: Rep 1987 No 15, sec 30C.

Schedules 2–4 (Repealed)

Schedule 5 General savings, transitional and other provisions

1 Effect of amendment of amending provisions

(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 2 amendment concerned, 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 or instrument that makes a direct amendment to an Act or instrument by:
(a)  the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or
(b)  the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or
(c)  the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors in technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will 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, or
(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

3 Effect of amendment on instruments

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.
Explanatory note
This clause 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.

4 Revocation of repeal

Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments by this Act.
Explanatory note
The effect of this clause is to enable 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.

5 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 on the NSW legislation website, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the proposed Act.

Notes

Index of Acts and instruments amended by Schedules 1–4

Aboriginal Land Rights Regulation 2002—Schedule 2

Adoption Act 2000 No 75—Schedule 1

Agricultural Tenancies Act 1990 No 64—Schedule 2

Apprenticeship and Traineeship Regulation 2010—Schedule 2

Assisted Reproductive Technology Act 2007 No 69—Schedule 4

Balranald Local Environmental Plan 2010—Schedule 2

Bellingen Local Environmental Plan 2010—Schedule 2

Building Professionals Act 2005 No 115—Schedule 2

Camden Local Environmental Plan 2010—Schedule 2

Children and Young Persons (Care and Protection) Act 1998 No 157—Schedule 2