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) 2012.
2 Commencement
(1) This Act commences on 4 January 2013.(2) However, 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 in accordance with subsection (1).
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] Section 21, heading
Insert “on application by a party” after “plans” in the heading to the section.
[2] Section 21A
Insert after section 21:21A Variation of training contracts and training plans by Commissioner(1) The Commissioner may, on receiving a recommendation from a registered training organisation or any other relevant person or body or on the Commissioner’s own initiative, make a variation to a training contract or training plan in accordance with this section.(2) A technical variation may be made at any time at the discretion of the Commissioner.(3) A technical variation is a variation that, in the Commissioner’s opinion, is of a minor nature and will not result in any material change to the terms of the training contract or training plan.(4) If the variation is not a technical variation, the following provisions apply:(a) the Commissioner must send a notice to each party (being the employer and the apprentice or trainee) requesting the party to notify the Commissioner whether or not the party consents to the variation,(b) if the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent, the consent of the party to whom the notice was sent is taken to have been given,(c) if the parties consent to the variation, the Commissioner may make the variation.(5) As soon as practicable after a variation is made under this section, the Commissioner must give notification of the variation to the following:(a) the employer,(b) the apprentice or trainee concerned,(c) in the case of the variation of a training plan—the relevant registered training organisation.(6) A variation made under this section is binding on the employer and the apprentice or trainee.
Explanatory note
Currently, section 21 of the Apprenticeship and Traineeship Act 2001 enables variations to be made to a training contract or training plan only on the application of the employer, apprentice or trainee concerned (a relevant party). Item [2] of the proposed amendments extends the circumstances in which a variation may be made to a training contract or training plan by enabling the Commissioner for Vocational Training to do so on receiving a recommendation from a registered training organisation or any other relevant person or body or on the Commissioner’s own initiative. The proposed amendment enables the Commissioner, at any time and at his or her discretion, to make a technical variation that will not result in any material change to the terms of the training contract or training plan. However, the Commissioner may make other variations only after notifying the relevant parties and receiving their consent (or their assumed consent if the Commissioner does not receive a response from the parties within 21 days of notifying them). Any variation made by the Commissioner is binding on, and must be notified to, the relevant parties.
Item [1] of the proposed amendments makes a consequential amendment.
Section 18
Insert before section 19:18 Personal liabilityA matter or thing done or omitted to be done by the Trust, a trustee, the Director or a person acting under the direction of the Trust or the Director does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a trustee, the Director or a person so acting personally to any action, liability, claim or demand.
Explanatory note
The proposed amendment to the Australian Museum Trust Act 1975 ensures that a trustee of the Australian Museum Trust, the Director of the Australian Museum or a person acting under the direction of the Trust or the Director is not personally liable for an act or omission done in good faith for the purpose of executing that Act.
[1] Section 5 Act applies only to sales to person in NSW or for delivery in NSW
Omit section 5 (2) and (2A). Insert instead:(2) This Act does not apply to a sale of petrol or diesel fuel by one volume fuel seller to another volume fuel seller.
[2] Section 15 Exemptions from minimum biofuel requirements
Omit section 15 (4). Insert instead:(4) An exemption can be granted as a partial exemption specifying a percentage that is less than the minimum ethanol percentage or minimum biodiesel percentage applicable under section 6 or 7.Note—A partial exemption has the effect that the relevant section then applies to require that the volume of ethanol (in petrol ethanol blend) or volume of biodiesel (in biodiesel blend) sold by the volume fuel seller concerned is not less than the specified minimum ethanol percentage or specified minimum biodiesel percentage of the total volume of all petrol or diesel fuel sold by that seller during the relevant period.
[3] Schedule 1 Savings, transitional and other provisions
Insert after clause 3:Part 3 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 20124 Exemption from minimum biofuel requirementsAn order made by the Minister under section 15 (4) that was in force immediately before the substitution of that subsection by the Statute Law (Miscellaneous Provisions) Act (No 2) 2012 is taken to have been made under that subsection as so substituted.
Explanatory note
Item [1] of the proposed amendments to the Biofuels Act 2007 (the Act) expands a general exception from the operation of the Act (applying to certain bulk fuel sales) so as to ensure that the Act’s requirements for records and returns of fuel sales will only apply to the fuel sales that are subject to the Act’s main operative provisions (which impose minimum ethanol/biodiesel content requirements for fuel). As a result of the amendment, records and returns will no longer be required for sales by primary wholesalers to major retailers. Those sales are currently not subject to the Act’s minimum ethanol/biodiesel content requirements (so the current requirement for records and returns for those sales serves no purpose under the Act).
Item [2] of the proposed amendments recasts a provision that allows an exemption from a minimum biofuel requirement to be granted as a “partial” exemption, to correct the explanation of how such a partial exemption operates.
Item [3] of the proposed amendments inserts a transitional provision that preserves exemptions from minimum biofuel requirements that were granted by the Minister before the amendment made by item [2].
Schedule 3 Savings, transitional and other provisions
Omit “by a tribunal under section 33H” from clause 6 (1).Insert instead “under section 33H or 33I”.
Explanatory note
The proposed amendment to the Child Protection (Working with Children) Act 2012 (the 2012 Act) corrects cross-referencing in a transitional provision. In particular, the proposed amendment ensures that an unconditional order (removing a prohibition on a person working in child-related employment) that is made under repealed provisions of the Commission for Children and Young People Act 1998 is preserved and treated as being an order of an equivalent kind in the 2012 Act.
[1] Section 27A Alternative reporting arrangements
Insert after section 27A (11):(12) A staff member of a relevant agency may, in accordance with the terms of an arrangement under this section, refer any of the following matters to an assessment officer of the agency:(a) a matter relating to a young person that the staff member would otherwise report to the Director-General under section 24,(b) a matter relating to an unborn child that the staff member would otherwise report to the Director-General under section 25.
[2] Section 29 Protection of persons who make reports or provide certain information
Insert at the end of the section:Note—It is an offence under section 254 for a person to disclose any information obtained in connection with the administration or execution of this Act, except in certain circumstances. The maximum penalty is 10 penalty units (currently $1,100) or imprisonment for up to 12 months, or both.
[3] Section 61 Applications for care orders
Omit section 61 (2). Insert instead:(1A) A care application must specify the particular care order sought and the grounds on which it is sought.(2) A care application must be accompanied by a written report specifying such information as may be prescribed for the purposes of this section by the rules made under the Children’s Court Act 1987.(2A) However, a written report is not required to accompany a care application if:(a) the application is for the rescission or variation of a care order under section 90, or(b) such a report has previously been provided to the Children’s Court in relation to the child or young person concerned.
[4] Chapter 9, Part 1, heading
Omit “in need of care and protection”.
[5] Section 245B Interpretation
Insert “or a referral to an assessment officer under section 27A” after “section 25” in section 245B (3) (a).
[6] Section 245B (3) (b) and (c)
Insert “or referral” after “report” wherever occurring.
[7] Section 264 Regulations
Omit “section 114” from section 264 (1A) (c).Insert instead “section 65A or 114”.
Explanatory note—
Item [1] of the proposed amendments to the Children and Young Persons (Care and Protection) Act 1998 (the Act) enables mandatory reporters (such as teachers, health care workers and police officers) to refer matters relating to the safety, welfare and well-being of unborn children and young persons (aged 16 or 17 years) to assessment officers instead of making a report about the unborn child or young person directly to the Director-General of the Department of Family and Community Services (the Director-General). Under existing alternative reporting arrangements, assessment officers handle mandatory reports about children (aged under 16 years) that would otherwise be reported directly to the Director-General.
Items [5] and [6] make it clear that Chapter 16A of the Act (which enables the exchange of information about the safety, welfare and well-being of children and young persons between agencies) extends to information about an unborn child who is the subject of a referral to an assessment officer under the alternative reporting arrangements referred to above. Currently, Chapter 16A only extends to information about unborn children who are the subject of pre-natal reports to the Director-General.
Item [2] inserts a note referring to the offence under the Act of disclosing information obtained in connection with the administration or execution of the Act except in certain circumstances. The note is inserted into a section providing that the identity of a person who makes a report about a child or young person to the Director-General is not to be revealed, except in certain circumstances (such as the disclosure to the police of the reporter’s identity for the purposes of the investigation of various offences).
Item [3] removes the requirement for certain applications for care orders to be accompanied by a written report setting out a summary of the facts, matters and circumstances of the case. A written report will still be required for most initial care applications, and all care applications must continue to specify the particular care order sought and the grounds on which it is sought.
Item [4] amends the heading to a Part in Chapter 9 of the Act to reflect that the Part applies to the medical examination and treatment of all children (and not only to children who are in need of care and protection).
Item [7] expands the power to make regulations about the use of evidence given during the course of alternative dispute resolution to include alternative dispute resolution that is ordered by the Children’s Court.
[1] Section 57 Directions and guidelines to Commission
Insert after section 57 (4):(5) The Management Committee must furnish guidelines to the Police Integrity Commission with respect to the negotiation by the Police Integrity Commission of the terms of agreements regarding orders made by consent under the Criminal Assets Recovery Act 1990.(6) Guidelines must not be furnished under subsection (5) unless the Management Committee has consulted with the Commissioner for the Police Integrity Commission about, and obtained his or her written agreement to, the furnishing of the guidelines.
[2] Schedule 5 Amendment of Acts and regulations
Omit Schedule 5.11 [3].
Explanatory note
Section 62 of the Criminal Assets Recovery Act 1990 (the CAR Act) provides that consent orders, giving effect to the terms of agreements negotiated between the Crime Commission and persons whose interests in property are subject to confiscation orders under that Act, cannot be made unless the Commissioner for the Crime Commission has certified that guidelines with respect to the negotiation of such terms of agreement set by the NSW Crime Commission Management Committee under section 57 of the Crime Commission Act 2012 have been complied with.
Item [1] of the proposed amendments to the Crime Commission Act 2012 provides for the Management Committee to set such guidelines for the Police Integrity Commission in consultation with, and after obtaining the agreement of, the Commissioner for the Police Integrity Commission.
Item [2] of the proposed amendments to the Crime Commission Act 2012 omits an amendment made by that Act to section 19 of the Police Integrity Commission Act 1996 (which currently applies the CAR Act to the Police Integrity Commission in the same way as it applies to the Crime Commission) that would, if commenced, prevent the application of section 62 of the CAR Act to the Police Integrity Commission.
Section 94 Meaning of “offence involving violence”
Omit “section 35 (b) of the Crimes Act 1900” from section 94 (1) (d).Insert instead “section 35 (1) or (2) of the Crimes Act 1900”.
Explanatory note
The proposed amendment to the Criminal Procedure Act 1986 updates a cross-reference to the offence of recklessly causing grievous bodily harm in a definition of offences involving violence. Alleged victims of offences involving violence who have made a written statement cannot generally be directed to attend committal proceedings. The amendment also updates the definition to include the more serious offence of recklessly causing grievous bodily harm in company.
[1] Section 4 Definitions
Insert “, appointed by the member under section 46A,” after “an official agent” in paragraph (f1) of the definition of official agent in section 4 (1).
[2] Section 4 (1), definition of “official agent”
Omit paragraph (f2). Insert instead:(f2) in relation to a third-party campaigner for whom an official agent, appointed by the campaigner under section 46B, is registered in the Register of Official Agents—that official agent, or
[3] Section 4 (1), definition of “official agent”
Omit “or candidate” from paragraph (g).Insert instead “, candidate or third-party campaigner concerned”.
Explanatory note
The proposed amendments to the Election Funding, Expenditure and Disclosures Act 1981 ensure that the Election Funding Authority of New South Wales may designate an official agent for an elected member or third-party campaigner if an official agent is not otherwise appointed or designated for the member or campaigner.
Schedule 1 Provisions relating to Commissioner and Assistant Commissioners
Omit “7 years” wherever occurring in clause 4 (1A) and (3).Insert instead “9 years”.
Explanatory note
The proposed amendment to the Independent Commission Against Corruption Act 1988 extends the total period for which a person may hold office as an Assistant Commissioner for the Independent Commission Against Corruption from 7 to 9 years.
Section 7BA
Insert after section 7B:7BA Personal liabilityA matter or thing done or omitted to be done by the Council, a member of the Council, the State Librarian or a person acting under the direction of the Council or the State Librarian does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a member of the Council, the State Librarian or a person so acting personally to any action, liability, claim or demand.
Explanatory note
The proposed amendment to the Library Act 1939 ensures that a member of the Library Council of New South Wales, the State Librarian or a person acting under the direction of the Library Council or the State Librarian is not personally liable for an act or omission done in good faith for the purpose of executing that Act.
Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts
Insert after clause 102:102A Certain reinstated councils may retain Electoral Commissioner to administer elections, polls and referendums until end of 2016 ordinary elections(1) Despite section 296, a reinstated council may resolve, before 9 September 2013, that the council is to enter into a contract or make arrangements with the Electoral Commissioner for the Electoral Commissioner to administer its elections, council polls and constitutional referendums.(2) The council must, as soon as possible, notify the following persons of the making of such a resolution:(a) the Electoral Commissioner,(b) the Director-General.(3) If such a contract is entered into or such arrangements made, the Electoral Commissioner is to administer all the elections, council polls and constitutional referendums of the council until the conclusion of the 2016 ordinary election for councillors.(4) In this clause:election does not include an election of the mayor or a deputy mayor by the councillors.reinstated council means any of the following councils:(a) Port Macquarie-Hastings Council,(b) Shellharbour City Council,(c) Wollongong City Council.
Explanatory note
The proposed amendment to the Local Government Act 1993 makes it clear that certain local councils recently in administration (Port Macquarie-Hastings Council, Shellharbour City Council and Wollongong City Council) may resolve, before 9 September 2013 (just as other councils may), that the New South Wales Electoral Commissioner is to administer elections, council polls and constitutional referendums for the council for the next election cycle.
Section 16
Insert after section 15:16 Personal liability(1) A matter or thing done or omitted to be done by the Trustees, a trustee, the principal officer or a person acting under the direction of the Trustees or the principal officer does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a trustee, the principal officer or a person so acting personally to any action, liability, claim or demand.(2) In this section, principal officer means the member of staff responsible for the day-to-day management and administration of the Museum.
Explanatory note
The proposed amendment to the Museum of Applied Arts and Sciences Act 1945 ensures that a trustee of the Museum of Applied Arts and Sciences, the principal officer of the Museum or a person acting under the direction of the Trustees or the principal officer is not personally liable for an act or omission done in good faith for the purpose of executing that Act. The Museum of Applied Arts and Sciences includes the Powerhouse Museum, Powerhouse Discovery Centre, NSW Migration Heritage Centre and Sydney Observatory.
[1] Schedule 1 Forms
Omit “the maximum penalty for failing to vote is 0.5 penalty units” from Form 21.Insert instead “the maximum penalty for failing to vote is 1 penalty unit (currently $110).”
[2] Schedule 1, Form 21
Omit “$25”. Insert instead “[specify penalty, which must not exceed $55]”.
[3] Schedule 1, Form 21
Omit “the maximum penalty is 0.5 penalty units plus court costs”.Insert instead “the maximum penalty is 1 penalty unit (currently $110) and court costs may also be payable”.
[4] Schedule 1, Form 21
Omit “Penalty for any person giving a false reason for failure to vote is 0.5 penalty units”.Insert instead “The maximum penalty for any person giving a false reason for an elector’s failure to vote is 1 penalty unit (currently $110)”.
Explanatory note
The proposed amendments to the Parliamentary Electorates and Elections Regulation 2008 make a number of corrections to the prescribed form of penalty notice for failure to vote in a State election, including amendments that are consequential on amendments, enacted in 2009, to the Parliamentary Electorates and Elections Act 1912. Those amendments increased the maximum penalty notice amount, under section 120C of that Act, for failing to vote from $25 to $55. They also increased the maximum penalty for the offences, under section 120F of that Act, of failing to vote and giving a false reason for failing to vote from 0.5 penalty unit to 1 penalty unit (currently $110).
Section 48A Review of Audit Office
Omit “3” from section 48A (1). Insert instead “4”.
Explanatory note
The purpose of the proposed amendment to the Public Finance and Audit Act 1983 is to change the frequency at which the Audit Office must be reviewed by a person appointed by the Public Accounts Committee (PAC) from 3 to 4 yearly. The proposed amendment gives effect to a recommendation of PAC in Conduct of the 2009 Review of the Audit Office under S48A of the Public Finance and Audit Act 1983 (Report 1/55, September 2011) to align the required frequency of reviews with the 4-year term of the Legislative Assembly from which the membership of PAC is drawn.
Section 19 Authorised betting event bookmakers
Insert after section 19 (1):Note—A licensed bookmaker does not require an authorisation under this section to take bets (on or off a racecourse) on declared betting events when the bookmaker is taking bets pursuant to an authority under section 16 to conduct telephone or electronic betting at a racecourse or approved premises off a racecourse.
Explanatory note
The proposed amendment to the Racing Administration Act 1998 makes it clear that the authority a bookmaker requires to take bets at a racecourse on certain “declared” events is not required for the taking of bets on those events pursuant to an authority to conduct telephone or electronic betting at a racecourse or at approved premises off a racecourse.
[1] Section 202 Nature of proceedings for offences
Omit section 202 (4). Insert instead:(4) Proceedings for an offence against this Act may be brought:(a) in the case of an offence in relation to a rental bond for a residential tenancy agreement or a proposed residential tenancy agreement—within the period of 3 years that next succeeds:(i) the commission of the offence, orwhichever is the later, or(ii) the termination of the residential tenancy agreement,(b) in any other case—within the period of 3 years that next succeeds the commission of the offence, or(c) with the consent of the Attorney General—at any time.
[2] Schedule 2 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) 2012Nature of proceedings for offencesThe amendment made to section 202 (4) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2012 does not apply to an offence committed before the commencement of the amendment.
Explanatory note
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 (the Act) enables proceedings for an offence in relation to rental bonds for an existing or proposed residential tenancy agreement to be brought within 3 years from the commission of the offence or the termination of the residential tenancy agreement, whichever is the later. Currently, the Act requires proceedings for all offences under the Act, including offences in relation to rental bonds, to be brought within 3 years from the commission of the offence, unless the Attorney General’s consent is provided.
The proposed amendment reinstates the position of offences in relation to rental bonds that existed under section 17 (2) (a) of the Landlord and Tenant (Rental Bonds) Act 1977 which was repealed by the Act.
Item [2] of the proposed amendments makes it clear that the proposed amendment to section 202 (4) of the Act does not apply to offences in relation to rental bonds that were committed before the commencement of the proposed amendment.
[1] Section 3 Definitions
Omit the definition of Judge from section 3 (1).
[2] Section 4 Issue of commission
Omit section 4 (2) and (2A). Insert instead:(2) A person is not eligible to be issued a commission unless the person:(a) is or is qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or(b) is a former Judge or Justice of any court referred to in paragraph (a).(2A) A person is not eligible to be issued a commission if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.
Explanatory note
Item [2] of the proposed amendments to the Special Commissions of Inquiry Act 1983 inserts provisions relating to the eligibility of a person for appointment as a Commissioner for a Special Commission of Inquiry (SCOI) similar to provisions relating to the eligibility of a person for appointment as a Commissioner for the Crime Commission, the Independent Commission Against Corruption or the Police Integrity Commission. In particular, the amendment generally broadens the range of persons who may be appointed as a Commissioner for a SCOI (enabling a person to be appointed if the person holds, has held or is qualified to hold judicial office in Australia or if the person is an Australian lawyer of at least 7 years’ standing) and prevents a person being appointed who is a member of a House of Parliament in Australia. Currently, a person may be appointed as a Commissioner for a SCOI only if the person is a New South Wales judge or the person is an Australian lawyer of at least 7 years’ standing.
Item [1] makes a consequential amendment.
[1] Section 3 Definitions
Omit “State Emergency Service of New South Wales” from the definition of State Emergency Service in section 3 (1).Insert instead “NSW State Emergency Service”.
[2] Section 7 State Emergency Service
Omit “State Emergency Service of New South Wales” from section 7 (1).Insert instead “NSW State Emergency Service”.
[3] Section 7 (3)
Insert after section 7 (2):(3) In any Act or instrument, a reference to the NSW State Emergency Service need not include the term “NSW”.
Explanatory note
Item [2] of the proposed amendments to the State Emergency Service Act 1989 renames the State Emergency Service of New South Wales as the NSW State Emergency Service. Item [1] is a consequential amendment.
Item [3] of the proposed amendments provides that any reference in an Act or instrument to the NSW State Emergency Service need not include the term “NSW”. This has an effect similar to section 12 (2) of the Interpretation Act 1987, which currently operates in relation to the State Emergency Service of New South Wales so that a reference in an Act or instrument to the State Emergency Service need not include the words “of New South Wales”.
Section 27
Insert after section 26:27 Personal liability(1) A matter or thing done or omitted to be done by the Trust, a trustee, the principal officer or a person acting under the direction of the Trust or the principal officer does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a trustee, the principal officer or a person so acting personally to any action, liability, claim or demand.(2) In this section, principal officer means the member of staff responsible for the day-to-day management and administration of the Opera House.
Explanatory note
The proposed amendment to the Sydney Opera House Trust Act 1961 ensures that a trustee of The Sydney Opera House Trust, the principal officer of the Sydney Opera House or a person acting under the direction of the Trust or the principal officer is not personally liable for an act or omission done in good faith for the purpose of executing that Act.
[1] Section 53 Service of documents
Omit section 53 (1) (a). Insert instead:(a) where the person is a natural person:(i) by giving it to or serving it personally on the person, or(ii) by sending it by post to the person at the person’s usual or last known place of residence or business, or(iii) by sending it by post to the person at the person’s postal address notified to the Director-General, or
[2] Section 53 (1) (b) (iv) and (v)
Omit section 53 (1) (b) (iv). Insert instead:(iv) by sending it by prepaid post addressed to the corporation at that registered office or the corporation’s postal address notified to the Director-General, or(v) without limiting the other provisions of this paragraph, where the corporation is the holder of a licence, by sending it by prepaid post addressed to the corporation at the address of the principal place of business of the licensee (as shown on the register of licensees).
Explanatory note
Item [1] of the proposed amendments to the Travel Agents Act 1986 (the Act) allows a document under that Act to be served on a person by sending it by post to a postal address notified by the person to the Director-General. Currently, documents under the Act can only be sent by post to a person’s residential or business address.
Item [2] allows a document under the Act to be served on a corporation by sending it by prepaid post to a postal address notified by the corporation to the Director-General. Currently, documents under the Act can only be sent by prepaid post to a corporation’s registered office or business address (where the corporation is the holder of a licence).
Section 4 Adoption by resolution of the standard governing body provisions
Insert after section 4 (4):(5) An order made by the Minister under this section may provide for the commencement of provisions of a savings or transitional nature before the day on which the governing body resolution takes effect.
Explanatory note
The amendment to the Universities Governing Bodies Act 2011 makes it clear that an order made under section 4 of that Act, giving effect to a resolution of a University to adopt the standard governing body provisions under that Act, may provide for savings and transitional provisions to commence before the resolution takes effect.
[1] Chapter 3, Part 2, Division 3, heading
Omit “and duration”. Insert instead “, duration and amendment”.
[2] Chapter 3, Part 2, Division 3, note
Insert after the heading to Division 3 of Part 2 of Chapter 3:Note—An access licence may be amended under section 71S, on application of the licence holder, so as to change the extraction component of the licence. The share component of an access licence may be changed, on application of the licence holder, under section 71R.
[3] Section 67 Imposition of conditions after access licence is granted
Omit section 67 (2). Insert instead:(2) Subsection (1) does not apply to conditions imposed on an access licence:(a) at the request of the holder of the access licence, or(b) as a result of action taken under section 66 (3), or(c) when the access licence is amended under section 68B, or(d) in connection with a dealing under Division 4.
[4] Section 68B
Insert after section 68A:68B Increase of share components of Commonwealth and other access licences arising from arrangements(1) The Minister may amend an access licence held by the Commonwealth (or a person nominated by the Commonwealth), at the Minister’s discretion, by increasing the share component of the licence if the Minister is satisfied that:(a) the amendment is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State, and(b) the licence forms part of the Commonwealth environmental water holdings within the meaning of the Water Act 2007 of the Commonwealth.(2) The Minister may amend an access licence held by the State (or a public authority prescribed by the regulations), at the Minister’s discretion, by increasing the share component of the licence if:(a) the Minister is satisfied that the amendment is required in order to give effect to an agreement or other arrangement (including, but not limited to, a funding agreement or arrangement) entered into by or on behalf of the State, and(b) the licence:(i) is subject to an adaptive environmental water condition, or(ii) is of an environmental subcategory, or(iii) is for water taken or permitted to be taken under a licence of a class prescribed by the regulations for environmental purposes.
[5] Section 91I Taking water when metering equipment not working
Omit section 91I (4). Insert instead:(4) In this section, metered work means a water management work in connection with which metering equipment has been installed.
[6] Section 368 Appeals to Land and Environment Court
Insert at the end of section 368 (2) (c):, and(d) no appeal lies against a decision of the Minister to impose a discretionary condition on a licence amended under section 68B.
[7] Dictionary
Insert “or 68B” after “section 68A” in paragraph (d) of the definition of Ministerial action.
Explanatory note
Item [4] of the proposed amendments to the Water Management Act 2000 (the Act) enables the Minister for Primary Industries (the Minister) to amend an access licence held by the Commonwealth or the State by increasing the licence’s share component, in order to give effect to an agreement entered into by the State and where the licence forms part of the Commonwealth environmental water holdings or is used for certain environmental purposes. Item [4] is in similar terms to sections 63A and 63B of the Act, which enable the Minister to grant an access licence to the Commonwealth or the State in order to give effect to an agreement entered into by the State.
Item [6] ensures that the holder of an access licence that is amended as provided for by item [4] (for example, the Commonwealth) cannot appeal against the Minister’s decision to impose a discretionary condition on the licence. Item [6] is consistent with section 368 (2) (c), which removes any right of appeal against the Minister’s decision to grant an access licence to the Commonwealth or the State under section 63A or 63B of the Act or to impose a discretionary condition on such a licence.
Items [1]–[3] and [7] are consequential on the amendment made by item [4].
Item [5] amends section 91I of the Act to ensure that it is generally an offence to take water from a water source to which Part 3 of Chapter 3 of the Act applies when related metering equipment is not operating (or is not operating properly), regardless of how the equipment came to be installed. The proposed amendment ensures that section 91I is consistent with section 91K of the Act, under which it is generally an offence to interfere with, damage, destroy or disconnect metering equipment, regardless of how the equipment came to be installed.
Schedule 2 Amendments by way of statute law revision
[1] Section 2 (1), definition of “Director-General”
Omit “Ministry of Transport”. Insert instead “Department of Transport”.
[2] Section 5 (1) (a)
Omit “the office of the Ministry of Transport”.Insert instead “the head office of Transport for NSW”.
[3] Section 12A (1) (a)
Omit the paragraph. Insert instead:(a) a member of staff employed in the Transport Service who is appointed by the Director-General,
Explanatory note
Item [1] of the proposed amendments updates a reference to a Director-General of a Department. Item [2] updates the reference to the office at which an application for a licence is to be lodged. Item [3] updates a reference to staff.
Clause 4.2A
Renumber clause 4.2A (5) and (6) as clause 4.2A (4) and (5), respectively.
Explanatory note
The proposed amendment corrects numbering.
Section 245I (c)
Omit “Centrelink”.Insert instead “the Commonwealth Department of Human Services”.
Explanatory note
The proposed amendment updates a reference to a Commonwealth Government agency.
Clause 36
Omit “Country Energy”.Insert in alphabetical order “Essential Energy”.
Explanatory note
The proposed amendment updates a reference to a corporation.
Section 7 (2)
Omit “public trustee”. Insert instead “NSW Trustee and Guardian”.
Explanatory note
The proposed amendment updates a reference to an office holder.
Sections 7 (2) (d) and 38 (3)
Omit “Public Trustee” wherever occurring.Insert instead “NSW Trustee and Guardian”.
Explanatory note
The proposed amendment updates references to an office holder.
Appendix, section 393
Renumber the paragraphs in section 393 as paragraphs (a)–(g).
Explanatory note
The proposed amendment corrects numbering.
Schedule 1, Table 1, clause 18A
Omit “section 26”. Insert instead “section 26 (1A) or (1B)”.
Explanatory note
The proposed amendment clarifies a cross-reference.
[1] Section 4 (1), note to definition of “official agent”
Omit the note.
[2] Section 47 (1) and (2)
Omit “section 46” wherever occurring. Insert instead “this Division”.
[3] Part 6, Division 4A, heading
Omit the heading. Insert instead:Division 4A Prohibition of donations from property developers or tobacco, liquor or gambling industries
[4] Section 96GA, note
Omit the note. Insert instead:Note—Section 96I makes it an offence for a person to do any act that is unlawful under this Division if the person is, at the time of the act, aware of the facts that result in the act being unlawful. Section 96J also provides for the recovery by the Authority of unlawful political donations.
Explanatory note
The proposed amendments are consequential on amendments enacted in 2010. In particular, item [1] removes a note that is no longer accurate, item [2] updates cross-references, item [3] updates a heading and item [4] updates a note.
Section 4 (1), definition of “officer”
Omit “section 85 of the Public Sector Employment and Management Act 2002” from paragraph (b).Insert instead “the Public Sector Employment and Management Act 2002”.
Explanatory note
The proposed amendment updates a cross-reference to a repealed provision of the Public Sector Employment and Management Act 2002.
Schedule 1
Omit “Upper Parramatta River Catchment Management Trust”.
Explanatory note
The proposed amendment removes a redundant reference to a trust.
[1] Schedule 2, clause 4
Omit “office of Public Trustee”. Insert instead “NSW Trustee and Guardian”.
[2] Schedule 2, clause 4
Omit “Public Trustee’s”. Insert instead “NSW Trustee and Guardian’s”.
Explanatory note
The proposed amendments update references to an office and office holder.
Part 2, Land Use Table, Zone RE2, item 4
Omit “Elecricity”. Insert instead “Electricity”.
Explanatory note
The proposed amendment corrects a spelling error.
Schedule 5
Omit “Goal” from the matter relating to 19 Upper MacDonald Road, St Albans.Insert instead “Gaol”.
Explanatory note
The proposed amendment corrects a spelling error.
Section 25 (1)
Omit “Mental Health Act 1990”. Insert instead “Mental Health Act 2007”.
Explanatory note
The proposed amendment updates a reference to an Act.
Section 4 (1), definition of “public sector agency”
Omit paragraph (c).
Explanatory note
The proposed amendment removes a provision made redundant by amendments made to the Public Sector Employment and Management Act 2002 by the Public Sector Employment Legislation Amendment Act 2006.
Schedule 1
Omit “Country Energy”. Insert instead “Essential Energy”.
Explanatory note
The proposed amendment updates a reference to a corporation.
[1] Section 210 (1) (ib)
Omit “Chief Investigator of the Independent Transport Safety and Reliability Regulator or an officer of the Ministry of Transport”.Insert instead “Chief Investigator (within the meaning of the Transport Administration Act 1988) or a member of staff employed in the Transport Service”.
[2] Section 218 (1) (m)
Omit “paragraph (n)”. Insert instead “paragraph (o)”.
Explanatory note
Item [1] of the proposed amendments corrects a reference to an official and updates a reference to staff. Item [2] corrects a cross-reference.
[1] Schedule 2
Omit the matter relating to the Disorderly Houses Act 1943, the Employment Agents Act 1996 and the Stock (Artificial Breeding) Act 1985.
[2] Schedule 2
Insert in alphabetical order:Fire Brigades Act 1989, section 22D
Mining Act 1992, section 248F
Residential Tenancies Act 2010, section 200
Restricted Premises Act 1943, section 13
Rural Fires Act 1997, section 33C
Explanatory note
The proposed amendments correct and update cross-references.
Section 2 (1)
Omit the definition of Board.
Explanatory note
The proposed amendment removes redundant matter.
Clause 14 (3) (a)
Omit “Coucil”. Insert instead “Council”.
Explanatory note
The proposed amendment corrects a spelling error.
[1] Section 292M (6)
Omit “section 117”. Insert instead “section 197 (3)”.
[2] Schedule 7, Part 1
Omit “section 70 (1) (b)”. Insert instead “section 70 (1) (a1)”.
Explanatory note
The proposed amendments correct cross-references.
[1] Clause 27 (a)
Omit “offsping”. Insert instead “offspring”.
[2] Clause 45 (c) (ii) (C)
Insert “or” at the end of the subsubparagraph.
Explanatory note
Item [1] of the proposed amendments corrects a spelling error. Item [2] inserts a missing word.
Section 22
Renumber section 22 (3A) where secondly occurring as section 22 (3B).
Explanatory note
The proposed amendment corrects duplicated numbering.
[1] Section 3 (1), definition of “public sector agency”
Omit paragraph (c).
[2] Schedule 2, clause 7 (1)
Omit “Parts 2 and 8 of the Public Sector Management Act 1988”.Insert instead “Chapters 1A and 5 of the Public Sector Employment and Management Act 2002”.
Explanatory note
Item [1] of the proposed amendments removes a provision made redundant by amendments made to the Public Sector Employment and Management Act 2002 by the Public Sector Employment Legislation Amendment Act 2006.
Item [2] updates a reference to provisions of a repealed Act.
[1] Schedule 2
Omit “Country Energy”. Insert in alphabetical order “Essential Energy”.
[2] Schedule 2
Omit “Public Transport Ticketing Corporation”.
Explanatory note
Item [1] of the proposed amendments updates a reference to a corporation. Item [2] removes a redundant reference to a dissolved body.
Schedule 2
Omit “Public Transport Ticketing Corporation” and “Upper Parramatta River Catchment Trust”.
Explanatory note
The proposed amendment removes redundant references to a dissolved body and a trust.
Schedule 1, Part 2
Omit the matter relating to the Upper Parramatta River Catchment Trust Division.
Explanatory note
The proposed amendment removes a redundant reference to a trust.
Section 17, note
Omit “Trade Practices Act 1974”.Insert instead “Competition and Consumer Act 2010”.
Explanatory note
The proposed amendment updates a reference to a Commonwealth Act.
Clause 4.1C (3)
Omit “for subdivide land”. Insert instead “for the subdivision of land”.
Explanatory note
The proposed amendment corrects a grammatical error.
Clause 78 (10)
Omit “subclause (6) or (8)”. Insert instead “subclause (7) or (9)”.
Explanatory note
The proposed amendment corrects cross-references.
Schedule 3
Omit “Aukland”. Insert instead “Auckland”.
Explanatory note
The proposed amendment corrects the spelling of a street name.
Schedule 1, Part 1
Omit “Upper Parramatta River Catchment Trust”.
Explanatory note
The proposed amendment removes a redundant reference to a trust.
Schedule 1, Part 1
Omit “Upper Parramatta River Catchment Trust”.
Explanatory note
The proposed amendment removes a redundant reference to a trust.
Section 60D (1) and (4)
Insert “or on the NSW legislation website” after “Gazette” wherever occurring.
Explanatory note
The proposed amendment provides that certain orders in relation to emergency operations may be published on the NSW legislation website, as an alternative to the Gazette.
Schedule 3, Part 1 and Schedule 26, Part 1
Omit “Upper Parramatta River Catchment Trust” wherever occurring.
Explanatory note
The proposed amendment removes redundant references to a trust.
Part 51B, heading and rule 1 and Schedule F, Form 1
Omit “Crimes (Local Courts Appeal and Review) Act 2001” wherever occurring.Insert instead “Crimes (Appeal and Review) Act 2001”.
Explanatory note
The proposed amendment updates references to an Act.
The whole Regulation
Omit “The RTA” and “the RTA” wherever occurring. Insert instead “RMS”.
Explanatory note
The proposed amendment updates references to a body.
[1] Section 3 (1)
Omit the definition of Public Transport Ticketing Corporation.
[2] Section 56 (d)
Omit the paragraph. Insert instead:(d) until its dissolution, Sydney Metro.
[3] Section 65, paragraph (j) of the definition of “transport authority”
Omit the paragraph. Insert instead:(j) until its dissolution, Sydney Metro.
[4] Section 81A, paragraph (g) of the definition of “Authority”
Omit the paragraph.
[5] Schedule 5, clause 2, paragraph (h) of the definition of “Authority”
Omit the paragraph. Insert instead:(h) until its dissolution, Sydney Metro.
[6] Schedule 9
Omit the Schedule.
Explanatory note
The proposed amendments remove redundant references and provisions relating to a dissolved body.
[1] Sections 7 (1), (3), (4) and (7) and 16 (2) and Schedule 5, clauses 3 (3) and 5 (2)
Omit “Treasurer” wherever occurring.Insert instead “Minister for Finance and Services”.
[2] Section 20 (2)
Insert at the end of section 20:(2) The Minister for Finance and Services (the Minister) may delegate to the Director-General of the Department of Finance and Services, or to any other officer of the Government Service prescribed by the regulations, any function of the Minister under this Act except this power of delegation.
[3] Schedule 5, clauses 1 and 7
Omit “General Manager” wherever occurring.Insert instead “Chief Executive”.
[4] Schedule 5, clause 5 (3)
Insert after clause 5 (2):(3) In respect of any such transfer, a reference in any provision of Schedule 3 to the Treasurer is to be construed as a reference to the Minister for Finance and Services.
Explanatory note
The proposed amendments update references to office holders in line with arrangements under the Public Sector Employment and Management (Waste Assets Management Corporation) Order 2010 and the Public Sector Employment and Management (Waste Assets Management Corporation) Order 2011.
Schedule 3, Part 3
Omit “Country Energy”. Insert instead “Essential Energy”.
Explanatory note
The proposed amendment updates a reference to a corporation.
The whole Regulation
Omit “Country Energy” and “Country Energy’s” wherever occurring.Insert instead “Essential Energy” and “Essential Energy’s”, respectively.
Explanatory note
The proposed amendment updates references to a corporation.
[1] Clause 22 (i)
Omit “39 ML/day”. Insert instead “39ML/year”.
[2] Clause 69 (b)
Omit “ATS 474”. Insert instead “ATS 4747”.
Explanatory note
The proposed amendments correct typographical errors.
Appendix 4
Omit “Pox”. Insert instead “Box”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 13 (2)
Omit the subsection. Insert instead:(2) The by-laws shall be submitted for the approval of the Governor.Explanatory noteThe proposed amendment removes redundant provisions relating to the making of by-laws, which are provided for in Part 6 of the Interpretation Act 1987.
Clause 4 (b)
Omit “of New South Wales”.
Explanatory note
The proposed amendment omits redundant matter.
Schedule 3 Repeals
1 Repeal of redundant Acts and provisions
The following Acts and provisions of an instrument are repealed:
2 Repeal of amending provisions or repeals that have commenced
The following provisions of Acts and instruments are repealed:
3 Restoration of repealed Act
The repeal of the Law Courts Limited Act 1977 by the Statute Law (Miscellaneous Provisions) Act 2011 is revoked and the Law Courts Limited Act 1977 is taken not to be, and never to have been, repealed.
Schedule 4 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 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 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 noteThis 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, or provisions of Acts or instruments, by this Act.Explanatory noteThe effect of this clause is to enable the Governor, by proclamation, to revoke the repeal by the proposed Act of any Act or instrument or any provision of an Act or instrument. The Act, instrument or provision 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 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.