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 2013.
2 Commencement
(1) This Act commences on 5 July 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
Section 89 Transfer of assets, rights and liabilities
Insert after section 89 (6):(7) An order under this section must, if the Aboriginal Land Council from which the assets, rights or liabilities are to be transferred under this section is a deductible gift recipient, provide for the transfer of the assets, rights or liabilities to an Aboriginal Land Council that is also a deductible gift recipient.(8) In this section, an Aboriginal Land Council is a deductible gift recipient if the Council is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth.
Explanatory note
The proposed amendment to the Aboriginal Land Rights Act 1983 (the Act) provides that if the Minister makes an order under section 87 of the Act dissolving or changing the name or area of a Local Aboriginal Land Council (an LALC) that is a deductible gift recipient, any assets, rights and liabilities of the LALC that are transferred by a subsequent order under section 89 of the Act must be transferred to another LALC that is also a deductible gift recipient. The proposed amendment ensures that the provisions relating to the transfer of assets, rights and liabilities of an LALC that is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth are consistent with the requirements for endorsement as a deductible gift recipient under that Act.
Schedule 2 Model rules for Local Aboriginal Land Councils
Insert after clause 23:24 Revocation of endorsement as deductible gift recipientThe Council must, if the Council ceases to be endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth, transfer to another Local Aboriginal Land Council that is endorsed as a deductible gift recipient under that Act any gifts, contributions or other money as required by section 30–125 (6) of that Act.
Explanatory note
The proposed amendment to the Aboriginal Land Rights Regulation 2002 amends the model rules for Local Aboriginal Land Councils to provide that if a Council that is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth ceases to be so endorsed, certain gifts, contributions and other money received by the Council must be transferred to another Local Aboriginal Land Council that is endorsed as a deductible gift recipient. The proposed amendment ensures that the rules of Local Aboriginal Land Councils that are endorsed as deductible gift recipients are consistent with the requirements of the Income Tax Assessment Act 1997 of the Commonwealth for endorsement as a deductible gift recipient. A related amendment is made to the Aboriginal Land Rights Act 1983 in Schedule 1.1.
Section 4 Definitions
Insert at the end of paragraph (b) of the definition of forensic institution in section 4 (1):or(c) an institution that is under the control of the Health Administration Corporation,
Explanatory note
The proposed amendment to the Anatomy Act 1977 extends the definition of forensic institution to reflect the change in institutions providing forensic pathology and medicine services. Those services were formerly provided by institutions under the control of a public health organisation but are now provided by institutions under the control of the Health Administration Corporation.
Section 24 Expert Panel
Omit section 24 (1) (a2). Insert instead:(a2) the Chairperson of the Environment Protection Authority or the Chairperson’s nominee,
Explanatory note
The object of the proposed amendment to the Biofuels Act 2007 is to include in the Expert Panel established under that Act the Chairperson of the Environment Protection Authority (or the Chairperson’s nominee) in place of the Chief Executive of the Office of Environment and Heritage (or the Chief Executive’s nominee). The amendment is consequential on the transfer of certain staff from the Office of Environment and Heritage to the Office of the Environment Protection Authority by the Public Sector Employment and Management (Office of the Environment Protection Authority) Order 2012.
[1] Section 97 Review of Act
Omit “as soon as possible after the period of 7 years from the date of assent to this Act” from section 97 (2).Insert instead “before the beginning of December 2015”.
[2] Section 97 (3)
Omit “within 12 months after the end of the period of 7 years”.Insert instead “before the beginning of December 2016”.
Explanatory note
The proposed amendments to the Building Professionals Act 2005 (the Act) provide that the statutory review of the Act (being the review to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives) is to be undertaken before the beginning of December 2015, rather than as soon as possible after the period of 7 years after the date of assent to the Act (which occurred on 7 December 2005). The report on the outcome of the review is to be tabled in each House of Parliament before the beginning of December 2016.
[1] Section 30 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 3 Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 24G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the Charles Sturt University Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of Charles Sturt University (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
Section 109G Annual report of Director-General
Omit the section.
Explanatory note
The proposed amendment to the Community Land Management Act 1989 (the Act) removes the requirement for the Commissioner for Fair Trading to prepare an annual report for the Minister for Fair Trading of the operations of the Commissioner under Part 5A of the Act (which sets out the functions of the Commissioner under the Act). The report on the operations of the Commissioner will instead be included in the annual report of the Department of Finance and Services prepared under the Annual Reports (Departments) Act 1985.
1.8
(Repealed)Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule:Part 4 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 200820 Displacement provisionThe declaration of a provision of Part 8 of this Act as a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act extends to a provision of that Part as amended by the Statute Law (Miscellaneous Provisions) Act 2008.
Explanatory note
The proposed amendment to the Conveyancers Licensing Act 2003 (the Act) ensures that a provision of Part 8 of the Act, as amended by the Statute Law (Miscellaneous Provisions) Act 2008, is a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth (the Corporations Act). Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
[1] Sections 66V (9) and 66ZE (9)
Omit “Stamp duty”, “stamp duty” and “Stamp Duties Act 1920” wherever occurring.Insert instead “Duty”, “duty” and “Duties Act 1997” respectively.
[2] Section 165 Stamping of documents not to give notice of trust or written contract
Omit “Commissioner or Assistant Commissioner of Stamp Duties”.Insert instead “Chief Commissioner or Commissioner of State Revenue”.
[3] Section 195A Lodgment of plans and related documents with Registrar-General
Omit “The plan must be lodged with a separate document in the approved form relating to the plan.” from section 195A (1).
[4] Section 195A (4)
Insert after section 195A (3):(4) A plan lodged under this section must be lodged with a separate document in the approved form relating to the plan.
[5] Section 195E Recording of plans which are not to be registered
Omit “pursuant to” from section 195E (2). Insert instead “under”.
Explanatory note
Items [1] and [2] of the proposed amendments to the Conveyancing Act 1919 (the Act) update certain references as a consequence of the repeal of the Stamp Duties Act 1920.
Items [3] and [4] make it clear that a separate document in an approved form (known as an administration sheet) must accompany all plans lodged in the office of the Registrar-General for registration or recording under Division 3 of Part 23 of the Act.
Item [5] makes the language of section 195E consistent with that of section 195A.
Section 107 Liable acquisitions
Omit “a person who is” from section 107 (1).Insert instead “any other person, whether or”.
Explanatory note
The proposed amendment to the Electricity Supply Act 1995 (the Act) amends a provision relating to the energy savings scheme established under the Act. Under that scheme, a participant in the scheme is required to meet an individual energy savings target by surrendering energy savings certificates (the total value of which must meet or exceed the individual energy savings target). The individual energy savings target is equivalent to a defined percentage (specified in Schedule 5 to the Act) of the scheme participant’s liable acquisitions, as defined in Part 9 of the Act. The proposed amendment extends the definition of liable acquisition to include a purchase of electricity by a scheme participant from any person, whether or not a registered participant under the National Electricity (NSW) Law. Currently, a purchase of electricity by a scheme participant from a person who is a registered participant under the National Electricity (NSW) Law is excluded from that definition (and, consequently, from the calculation of the scheme participant’s individual energy savings target).
[1] Section 3 Definitions
Insert after paragraph (a) of the definition of State water agency in section 3 (1):(a1) Gosford City Council, or(a2) Wyong Shire Council, or
[2] Section 3 (1), definition of “water savings area”
Insert after paragraph (a) of the definition:(a1) the local government area of Gosford City Council under the Local Government Act 1993, or(a2) the local government area of Wyong Shire Council under the Local Government Act 1993, or
Explanatory note
The proposed amendments to the Energy and Utilities Administration Act 1987 (the Act) extend the definitions of State water agency and water savings area to include Gosford City Council and Wyong Shire Council, and their respective local government areas, which are currently prescribed as State water agencies and water savings areas for the purposes of the Act by the Energy and Utilities Administration Regulation 2006 (which is due to be repealed on 1 September 2013).
Schedule 2A Health professional councils
Insert in alphabetical order:Chinese Medicine Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)Medical Radiation Practice Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)Occupational Therapy Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)
Explanatory note
The proposed amendment to the Health Administration Act 1982 updates the list of health professional councils for which the Health Administration Corporation is to manage accounts, to make it consistent with the Health Practitioner Regulation National Law (NSW).
[1] Section 3 Definitions
Omit “Department of Community Services” from the definition of Department in section 3 (1).Insert instead “Department of Family and Community Services”.
[2] Section 3 (1), definition of “Hostel and Care Program”
Omit the definition.
[3] Section 5 The Board
Omit “General Manager” from section 5 (1) (b).Insert instead “Executive Director”.
[4] Section 5 (1) (c)
Omit “9”. Insert instead “7”.
[5] Section 5 (1A)
Omit the subsection.
[6] Section 5 (2) (b)
Omit “Director-General, and”. Insert instead “Director-General.”.
[7] Section 5 (2) (c)
Omit the paragraph.
[8] Section 6 Objects of the Service
Omit “who are ill, disabled or” from section 6 (1) (a) (i).Insert instead “with disability, or who are ill or”.
[9] Part 3A Hostel and Care Program
Omit the Part.
[10] Section 11 Power to accept gifts etc
Omit “Stamp Duties Act 1920” from section 11 (3).Insert instead “Duties Act 1997”.
[11] Schedule 1 Provisions relating to the constitution and procedure of the Board
Omit “6 members” from clause 8 (1). Insert instead “5 members”.
[12] Schedule 1, clause 8 (2)
Omit the subclause.
Explanatory note
Item [9] of the proposed amendments to the Home Care Service Act 1988 repeals provisions relating to the Hostel and Care Program, which is no longer part of the Home Care Service. Items [2], [4]–[7], [11] and [12] make consequential amendments.
Items [1], [3] and [10] update obsolete references.
Item [8] updates obsolete terminology.
[1] Section 4 Definitions
Insert at the end of paragraph (b) of the definition of forensic institution in section 4 (1):or(c) an institution that is under the control of the Health Administration Corporation,
[2] Section 4 (1), definition of “governing body”
Insert at the end of paragraph (b) (ii):, or(iii) in the case of a forensic institution that is controlled by the Health Administration Corporation—the Director-General.
Explanatory note
Item [1] of the proposed amendments to the Human Tissue Act 1983 (the Act) extends the definition of forensic institution to reflect the change in institutions providing forensic pathology and medicine services. Those services were formerly provided by institutions under the control of a public health organisation but are now provided by institutions under the control of the Health Administration Corporation.
Item [2] amends the definition of governing body to provide that, for the purposes of the Act, the governing body of a forensic institution that is under the control of the Health Administration Corporation is the Director-General of the Ministry of Health.
Dictionary
Insert after the matter relating to the Sydney Harbour Foreshore Authority in the definition of area of operations:• in the case of an impounding officer appointed by the Western Sydney Parklands Trust, Trust land within the meaning of the Western Sydney Parklands Act 2006.
Explanatory note
The proposed amendment to the Impounding Act 1993 (the Act) provides that, for the purposes of the Act, the area of operations of the Western Sydney Parklands Trust (the Trust) is land vested in or owned by the Trust. Impounding officers appointed by the Trust may exercise their powers to impound certain animals and articles under the Act in the Trust’s area of operations. The amendment is consequent on the enactment of the Western Sydney Parklands Act 2006, which made the Trust an impounding authority under the Act.
[1] Section 21 Meanings of commonly used words and expressions
Omit the definition of Gazette from section 21 (1). Insert instead:Gazette or Government Gazette means the New South Wales Government Gazette published in print or on the NSW legislation website.
[2] Section 23 Commencement of Acts
Omit “in the Gazette or” from section 23 (8).
[3] Section 44 Publication of certain miscellaneous statutory instruments on NSW legislation website
Omit the section.
[4] Section 45C Publication on NSW legislation website
Insert after section 45C (1) (a):(a1) the Gazette (as individual gazette notices or as a collection of gazette notices), and
[5] Section 45C (2), (3) and (4)
Insert “, the Gazette” before “or other matter” wherever occurring.
[6] Section 45C (5)
Omit the subsection. Insert instead:(5) The Parliamentary Counsel is to compile and maintain a database of legislation or Gazettes published on the NSW legislation website, and may certify the form of legislation or Gazettes so published that is correct.
[7] Section 45C (6) (b)
Insert “or form” after “drafting”.
[8] Section 45D Publication of paper reprints of legislation
Omit the section.
[9] Section 67 Citation of instruments etc
Omit “published in the Gazette” from section 67 (1) (b) (i).Insert instead “published in a printed copy of the Gazette”.
[10] Section 67 (1) (b) (ia)
Insert after section 67 (1) (b) (i):(ia) in the case of an instrument that has been published on the NSW legislation website—the date of its publication on that website, or
[11] Section 75 Publication of statutory notices
Omit “or journals” and “or journal”. Insert instead “or other location”.
[12] Section 75
Omit “the number, date and page or pages of the Gazette”.Insert instead “the date of publication of the Gazette”.
[13] Schedule 3 Savings and transitional provisions
Omit clause 10.
Explanatory note
The proposed amendments to the Interpretation Act 1987 authorise the NSW Government Gazette to be published on the NSW legislation website (item [4]) and give official status to the online version of the Gazette (item [6]). The Gazette will be able to be published on that website as individual gazette notices or as a collection of gazette notices (with a facility to search over those gazette notices and any previous editions of the printed Gazette made available on that website). Apart from consequential amendments, the amendments also repeal existing provisions relating to the production of paper reprints of legislation which has now ceased.
Section 54L Payment of environmental upgrade charge
Omit “must” from section 54L (3). Insert instead “may”.
Explanatory note
The proposed amendment to the Local Government Act 1993 (the Act) will enable a council to hold money paid to it in respect of an environmental upgrade charge, pending its payment to a finance provider, in its consolidated fund in accordance with section 409 of the Act. Currently, such money is required to be held in the council’s trust fund in trust for the finance provider.
[1] Section 27 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the Macquarie University Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of Macquarie University (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):county council has the same meaning as in the Local Government Act 1993.
[2] Section 4 Plumbing and drainage work—meaning
Omit “or local council” from section 4 (5) (c).Insert instead “, local council or county council”.
[3] Section 16 Supply of plans
Insert “, or county council of the area of operations,” after “local council of the area” where firstly occurring in section 16 (3).
[4] Section 16 (3)
Omit “the local council of the area”.Insert instead “that local council or county council”.
[5] Section 21 Delegation
Insert “or county council” after “local council” in section 21 (1) (a).
[6] Section 21 (2)
Insert “or county council” after “local council” where firstly occurring.
[7] Section 21 (2) (b)
Omit “local”.
[8] Section 22 Appointment of inspectors
Insert “or county council” after “local council” in section 22 (2) (b).
[9] Section 23 Appointment of enforcement officers
Insert “or county council” after “local council” in section 23 (2) (b).
[10] Section 47 Certain information may be provided to and by plumbing regulator
Insert “or county council” after “local council” where firstly occurring in section 47 (1) (a).
[11] Section 47 (1) (a)
Omit “local” where secondly and thirdly occurring.
[12] Section 47 (2)
Insert “, county council” after “local council”.
[13] Section 48 Exclusion of liability
Insert “or county council” after “local council” in paragraph (c) of the definition of protected person in section 48 (2).
[14] Section 52 Regulations
Insert “or county councils” after “local councils” in section 52 (3).
Explanatory note
The proposed amendments to the Plumbing and Drainage Act 2011 (the Act) extend certain functions, powers and exclusions under the Act that apply in respect of local councils so that they also apply in respect of county councils established under the Local Government Act 1993.
Item [5] enables the Commissioner for Fair Trading to delegate certain functions under the Act to county councils. Items [6] and [7] enable a county council to subdelegate functions to the general manager of the council or to certain contractors engaged by the council. Items [3] and [4] make consequential amendments.
Items [8] and [9] enable the Commissioner for Fair Trading to appoint county council officers or employees as inspectors and enforcement officers for the purposes of the Act.
Items [10]–[12] enable the Commissioner for Fair Trading and county councils to share information that is obtained in connection with the administration of the Act or that is necessary to enable the Commissioner to exercise functions under the Act.
Item [13] provides that county councils are not protected persons for the purpose of a provision that excludes such persons from liability for things done or omitted in the exercise of functions under the Act. This is consistent with the existing position of local councils under the Act.
Item [14] enables regulations to be made providing for the setting of fees, by county councils, for the exercise of functions delegated to the county councils.
Items [1] and [2] make consequential amendments.
Schedule 1 Savings and transitional provisions
Insert after Part 3:Part 3A Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 200823A Displacement provisionThe declaration of a provision of Part 9 of this Act as a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act extends to a provision of that Part as amended by the Statute Law (Miscellaneous Provisions) Act 2008.
Explanatory note
The proposed amendment to the Property, Stock and Business Agents Act 2002 (the Act) ensures that a provision of Part 9 of the Act, as amended by the Statute Law (Miscellaneous Provisions) Act 2008, is a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth (the Corporations Act). Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
[1] Section 28 Appointment etc
Omit “7 years” from section 28 (1). Insert instead “8 years”.
[2] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule:Part 7 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 201315 Term of appointment of Auditor-GeneralThe amendment made to section 28 by the Statute Law (Miscellaneous Provisions) Act 2013 does not apply in respect of an appointment made before the commencement of that amendment.
Explanatory note
Item [1] of the proposed amendments to the Public Finance and Audit Act 1983extends, from 7 years to 8 years, the term of appointment of the Auditor-General under that Act. Item [2] provides that the new term of appointment does not apply in respect of an appointment made before the commencement of the amendment.
[1] Section 25 Proceedings for offences
Omit “under this Act” wherever occurring in section 25 (1) and (3).Insert instead “against this Act”.
[2] Section 25 (5)
Omit “under this Act”. Insert instead “against this Act or the regulations”.
[3] Section 29 Radiation Advisory Council
Omit section 29 (2) (k). Insert instead:(k) a person nominated by the Director-General of the Ministry of Health, and
[4] Schedule 2 Savings and transitional 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 2013Ministry of Health member of Radiation Advisory CouncilThe member of the Radiation Advisory Council who was appointed under section 29 (2) (k), as in force immediately before its substitution by the Statute Law (Miscellaneous Provisions) Act 2013, is taken have been appointed on the same terms under that paragraph as substituted.
Explanatory note
Item [2] of the proposed amendments to the Radiation Control Act 1990 (the Act) makes it clear that a provision of the Act that specifies the time limit for commencing proceedings for an offence against the Act applies to proceedings for an offence against regulations made under the Act. The time limit for commencing proceedings is 12 months after the date on which the offence is alleged to have been committed or evidence of the alleged offence first came to the attention of an authorised officer.
Item [1] changes the terminology used in reference to proceedings for offences to make it consistent with other provisions of the Act that relate to offences.
Item [3] removes a paragraph that provides that the Minister administering the Act is to appoint an officer of the Ministry of Health to the Radiation Advisory Council and instead provides for the appointment of a person nominated by the Director-General of the Ministry of Health. Item [4] inserts a transitional provision consequent on the amendment made by item [3].
1.24
(Repealed)[1] Section 56C Confirmation of identity of mortgagor
Omit “the following” from section 56C (3).
[2] Section 56C (3) (a)
Insert “or” after “subsection (1),”.
[3] Section 61 Application for foreclosure order
Insert after section 61 (1):(1A) Prior to making an application under subsection (1), and subject to subsection (2A), a notice in writing of the intention of the mortgagee or covenant chargee to make the application must be served in accordance with the provisions of section 170 (1) of the Conveyancing Act 1919 on:(a) the mortgagor or covenant charger, and(b) all registered mortgagees, chargees or covenant chargees under registered mortgages, charges or covenant charges which have less priority than that of the applicant, and(c) each caveator (if any) who claims as an unregistered mortgagee or chargee to be entitled to an estate or interest in the land mortgaged or charged.
[4] Section 61 (2) (b)
Insert “(unless dispensed with under section 58A)” after “notice was given”.
[5] Section 61 (2) (d)
Omit the paragraph. Insert instead:(d) that notice in writing of the intention of the mortgagee or covenant chargee to make the application has been served in accordance with this section.
[6] Section 61 (5)
Omit the subsection.
[7] Section 74N Service of notices on caveators for purposes of Part
Omit section 74N (1) (b) (i). Insert instead:(i) the address for service of notices specified in the caveat under section 74B (2) (b) (vi) or 74F (5) (b) (viii), or
Explanatory note
Items [1] and [2] of the proposed amendments to the Real Property Act 1900 provide that a mortgagee will satisfy a certain record-keeping requirement if the mortgagee keeps for 7 years from the date of registration of a mortgage either a written record of the steps taken, or a copy of any document obtained, by the mortgagee to confirm the identity of the mortgagor. It amends the current requirement to keep both, in line with the record-keeping requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth.
Item [3] makes it clear that a notice of a mortgagee’s or covenant chargee’s intention to make an application for a foreclosure order must be served on various parties in accordance with the Conveyancing Act 1919. Item [5] makes a consequential amendment.
Items [4] and [6] together restate an existing exception relating to the giving of notice of intended foreclosure.
Item [7] clarifies that the correct address for service of a notice on a caveator is an address specified in the caveat lodged with the Registrar-General at which notices may be served on the caveator.
[1] Section 126 Application and interpretation
Insert “(other than section 134 (2A))” after “Division” in section 126 (1).
[2] Section 134 Orders by Tribunal relating to goods
Insert after section 134 (2):(2A) The Tribunal may, on application by a former co-tenant, make an order requiring a tenant or co-tenant, or a tenant or co-tenant’s agent, to deliver goods left behind on residential premises by the former co-tenant after the co-tenant vacated the premises (in circumstances where one or more other tenants or co-tenants continue to occupy the premises) into the former co-tenant’s possession.
Explanatory note
Items [1] and [2] provide that the Tribunal may make an order requiring a tenant or co-tenant, or a tenant or co-tenant’s agent, to deliver to a former co-tenant goods left behind on residential premises by the former co-tenant after vacating the premises (in circumstances where one or more other tenants or co-tenants continue to occupy the premises). A similar provision currently exists in relation to goods left by former tenants on abandoned premises.
[1] Section 102A
Insert before section 103:102A Meaning of “prescribed CPI variation”(1) In relation to a proposed variation in recurrent charges that is the first variation under a village contract, the prescribed CPI variation is, for the purposes of this Division, the variation that would result from the recurrent charges being increased in proportion to the difference between:(a) the Consumer Price Index published most recently before the village contract was entered into, androunded to the nearest dollar.(b) the Consumer Price Index published most recently before the written notice of the proposed variation is given,(2) In relation to a proposed variation in recurrent charges that is not the first variation under a village contract, the prescribed CPI variation is, for the purposes of this Division, the variation that would result from the recurrent charges being increased in proportion to the difference between:(a) the Consumer Price Index published most recently before those charges were last varied, androunded to the nearest dollar.(b) the Consumer Price Index published most recently before the written notice of the proposed variation is given,
[2] Section 105A Recurrent charges varied otherwise than by a fixed formula—not exceeding variation in CPI
Omit section 105A (1) (b). Insert instead:(b) the variation does not exceed the prescribed CPI variation.
[3] Section 105A (2)
Omit the subsection.
[4] Section 106 Recurrent charges varied otherwise than by a fixed formula—exceeding variation in CPI
Omit section 106 (1) (b). Insert instead:(b) the variation exceeds the prescribed CPI variation.
[5] Section 106 (1A)
Omit the subsection.
[6] Section 106 (2) (c)
Omit “variation in the Consumer Price Index”.Insert instead “prescribed CPI variation”.
[7] Section 180 Payments to former occupants who were registered interest holders
Insert before section 180 (1):Note—This section deals with payments to such former occupants of residential premises following the sale of the premises. The sale of premises includes:(a) in the case where the former occupant was the registered proprietor of land, the owner of a lot in a strata scheme or the proprietor of a lot in a community land scheme and as such had a residence right in respect of residential premises—the sale of that land or interest in that land, and(b) in the case where the former occupant was the owner of shares in a company title scheme that gave rise to a residence right in respect of residential premises— the sale of that residence right (see section 4 (3)), and(c) in the case where the former occupant’s residence contract was in the form of a registered long term lease that included a provision that entitled the former occupant to at least 50% of any capital gain—the sale of that residence right (see section 150).
[8] Schedule 1 Consent of residents
Omit “(including a measure or action that requires a special resolution)” from clause 3 (1).Insert instead “other than a measure or action that requires a special resolution”.
Explanatory note
Items [1]–[6] of the proposed amendments to the Retirement Villages Act 1999 provide for the calculation of the CPI variation in recurrent charges payable under a village contract in circumstances where there has not previously been a variation. In such cases, movements in the Consumer Price Index since the village contract was entered into will be taken into account. (The current provisions only specify how to calculate the CPI variation in cases where there has been a previous variation of recurrent charges.)
Item [7] clarifies the meaning of the expression “sale of the premises” in a provision about payments to former occupants who were registered interest holders. The proposed amendment inserts a note that the sale of premises includes the sale of shares in a company title scheme or the sale of a residence right under a registered long term lease that included a provision that entitled the holder of the residence right to at least 50% of any capital gain.
Item [8] amends a provision that incorrectly provides that a vote in relation to a measure or action that requires a special resolution may be taken by a show of hands. (Clause 5 of Schedule 1 sets out the correct procedure, which is that a special resolution requires a ballot conducted in accordance with the regulations.)
[1] Section 28 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the Southern Cross University Act 1993 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of Southern Cross University (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
Section 216 Annual report of Director-General
Omit the section.
Explanatory note
The proposed amendment to the Strata Schemes Management Act 1996 removes the requirement for the Commissioner for Fair Trading to prepare an annual report for the Minister for Fair Trading of the operations of the Commissioner under that Act. The report on the operations of the Commissioner will instead be included in the annual report of the Department of Finance and Services prepared under the Annual Reports (Departments) Act 1985.
[1] Section 10A Certain statutory rules to remain in force
Omit section 10A (1A). Insert instead:(1) Despite the other provisions of this Part, unless sooner repealed, a statutory rule listed in Schedule 5 remains in force until the date specified in that Schedule for the rule or, if more than one date is so specified, the later of those dates.
[2] Section 10A (3)
Omit the subsection.
[3] Schedule 5
Insert after Schedule 4:Schedule 5 Further postponement of repeal of certain statutory rules(Section 10A (1))1 Postponement of statutory rules due for repeal in 2013The following statutory rules remain in force until 1 September 2014, unless sooner repealed:
Explanatory note
The proposed amendments to the Subordinate Legislation Act 1989 (the Act) have the effect of keeping a number of regulations in force for a further period of one year after the date on which they would otherwise be repealed by the Act. However, any of the regulations may be repealed sooner by other legislation.
This is necessary as the regulations have each been postponed on at least 5 occasions and are now due to be repealed by the Act on 1 September 2013.
Each of the regulations continues to be required and the repeal of each of the regulations is to be further postponed until 1 September 2014 for the following reasons:
(a) The Department of Education and Communities is currently undertaking a review of the Aboriginal Land Rights Act 1983 that may result in amendments to that Act. It is proposed to await the outcome of that review before remaking the Aboriginal Land Rights Regulation 2002.
(b) The Department of Family and Community Services is undertaking a review of child protection legislation and it is anticipated that consequential amendments to the Adoption Act 2000 may be required. It is proposed to await the outcome of that review before remaking the Adoption Regulation 2003.
(c) The Ministerial Council on Energy is currently undertaking a national energy market reform program which is expected to result in significant regulatory changes to areas that are dealt with by the Electricity Supply (General) Regulation 2001 and the Gas Supply (Natural Gas Retail Competition) Regulation 2001. It is therefore proposed to await these changes before remaking these regulations.
(d) The Department of Finance and Services is proposing to undertake a full review of the Industrial Relations Act 1996 and the Employment Protection Act 1982 as a consequence of the operation of the Fair Work Act 2009 of the Commonwealth and the referral of certain matters relating to industrial relations to the Commonwealth. In light of this, it is considered to be premature to remake the Employment Protection Regulation 2001 and the Industrial Relations (General) Regulation 2001.
(e) The Department of Planning and Infrastructure is currently preparing a new planning bill to repeal and replace the Environmental Planning and Assessment Act 1979 (and consequently repeal the Environmental Planning and Assessment Regulation 2000). It is therefore proposed to postpone the repeal of the Environmental Planning and Assessment Regulation 2000 under the Subordinate Legislation Act 1989 pending the replacement regime taking effect.
(f) Proposed national regulations under the Occupational Licensing National Law relating to property occupations are due to be made later in 2013. It is proposed to postpone remaking the Property, Stock and Business Agents Regulation 2003 until after those national regulations are made.
(g) The Road Transport (Safety and Traffic Management) Regulation 1999 is due to be repealed on the commencement of Schedule 1 to the Road Transport Legislation (Repeal and Amendment) Act 2013.
The proposed amendments also simplify the structure of the Act by placing these postponements in a new schedule to the Act (rather than in section 10A of the Act, as is currently the case) and by repealing spent provisions.
[1] Schedule 4
Omit the heading. Insert instead:Schedule 4 Savings, transitional and other provisions
[2] Schedule 4, Part 4
Insert after Part 3:Part 4 Rugby League Central11 Granting of leaseThe Trust may lease to National Rugby League Limited approximately 1,200 square metres of land, consisting of that part of the designated land described as the “Site” in the licence granted by the Trust to National Rugby League Limited on 31 August 2010, for a total period (including any option for the grant of a further term after an initial term has expired) not exceeding 80 years.
Explanatory note
Item [2] of the proposed amendments will enable the Sydney Cricket and Sports Ground Trust to lease land for a total period not exceeding 80 years to National Rugby League Limited in respect of the National Rugby League headquarters at Moore Park. Item [1] is a consequential amendment.
[1] Section 35 Definition
Omit “Department of Health” from paragraph (a) of the definition of regulatory agencies.Insert instead “Ministry of Health”.
[2] Section 35, paragraph (b) of the definition of “regulatory agencies”
Omit “Director-General of the Department of Environment and Climate Change”.Insert instead “Chief Executive of the Office of Environment and Heritage”.
[3] Section 35, paragraph (b) of the definition of “regulatory agencies”
Omit “Department of Industry and Investment”.Insert instead “Department of Trade and Investment, Regional Infrastructure and Services”.
[4] Section 43 Definitions
Omit “Director-General of the Department of Environment and Climate Change” from the definition of joint sponsors.Insert instead “Chief Executive of the Office of Environment and Heritage”.
Explanatory note
Items [1]–[4] update references to Government agencies and heads of agencies as a consequence of departmental restructuring.
Section 36A
Insert after section 36:36A Certificate evidence(1) A certificate purporting to have been signed by the Director-General and stating any of the following is admissible in evidence in any proceedings and is evidence of the matters stated:(a) that on a specified day, or during a specified period, a specified person was, or was not, the holder of a licence,(b) that on a specified day a licence formerly held by a specified person had been cancelled or surrendered,(c) that on a specified day, or during a specified period, a licence held by a specified person was suspended,(d) that on a specified day, or during a specified period, a licence held by a specified person was subject to specified conditions,(e) that on a specified day, or during a specified period, specified premises were, or were not, licensed premises,(f) that on a specified day, or during a specified period, a specified person was, or was not, the holder of a permit issued under the regulations,(g) that on a specified day a permit issued under the regulations that was formerly held by a specified person had been revoked or had expired,(h) that on a specified day, or during a specified period, a permit issued under the regulations and held by a specified person was subject to specified conditions.(2) A certificate purporting to have been signed by the Commissioner and stating that on a specified day, or during a specified period, specified premises were, or were not, subject to an interim closure order, is admissible in evidence in any proceedings and is evidence of the matters stated.
Explanatory note
The proposed amendment to the Tattoo Parlours Act 2012 provides that the Commissioner for Fair Trading or Commissioner of Police may issue certificates (relating to licences, permits and interim closure orders) that are admissible in evidence in any proceedings as evidence of the truth of the statements they contain.
The admission of such certificates into evidence means that those matters will not need to be proven in any court or tribunal proceedings, unless a doubt is raised about a matter stated in the certificate. The proposed amendment is consistent with evidentiary provisions of other Acts that create a licensing or registration regime.
Section 57 Regulations
Insert “(including any substitution of the trust deed)” after “trust deed” in section 57 (2) (c).
Explanatory note
The proposed amendment to the Travel Agents Act 1986 (the Act) clarifies a regulation-making power relating to the amendment of the trust deed that establishes a scheme for compensation under the Act. The scheme, which is set out in Schedule 1 to the Travel Agents Regulation 2011, compensates persons who suffer pecuniary loss as a result of the acts or omissions of travel agents. The amendment makes it clear that the amendments of the trust deed which may be incorporated from time to time (by regulations amending that Schedule) include any substitution of the trust deed.
[1] Section 27 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of New England Act 1993 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of the University of New England (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 26 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 20G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of New South Wales Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of the University of New South Wales (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 27 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of Newcastle Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of the University of Newcastle (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 35 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Fellows
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 26G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of Sydney Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Senate of the University of Sydney (the Senate) from taking part in any deliberation or decision of the Senate with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 27 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of Technology, Sydney, Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of the University of Technology, Sydney (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
[1] Section 39 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Board members
Insert “or the person’s remuneration pursuant to clause 11 of Schedule 1” after “section 32G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of Western Sydney Act 1997 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Board of Trustees of the University of Western Sydney (the Board) from taking part in any deliberation or decision of the Board with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 11 of Schedule 1 to the Act.
[1] Section 27 Seal of University
Insert at the end of the section:Note—Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
[2] Schedule 2A Duties of Council members
Insert “or the person’s remuneration pursuant to clause 10 of Schedule 1” after “section 21G” in clause 5 (7).
Explanatory note
Item [1] of the proposed amendments to the University of Wollongong Act 1989 (the Act) inserts a note to make it clear that documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member of the Council of the University of Wollongong (the Council) from taking part in any deliberation or decision of the Council with respect to a matter in which the member has a material interest. The amendment makes it clear that the provision does not prevent the member from taking part in any consideration, discussion or voting with respect to the member’s remuneration pursuant to clause 10 of Schedule 1 to the Act.
Section 10 Object of this Part
Insert at the end of the section:(3) For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.
Explanatory note
The proposed amendment to the Water Efficiency Labelling and Standards (New South Wales) Act 2005 (the Act) provides, for the purposes of Part 4 of the Act, that an offence includes a contravention for which a civil penalty may be imposed. Part 4 of the Act provides for an offence against the provisions of the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth (the Commonwealth Act), which is applied by the Act as a law of New South Wales, to be treated as if it were an offence against a law of the Commonwealth. Since the enactment of the Commonwealth Act, the Commonwealth has enacted the Water Efficiency Labelling and Standards Amendment (Scheme Enhancements) Act 2012, which introduces civil penalties as an alternative to criminal offences.
sch 1: Am 1987 No 15, sec 30C.
Schedule 2 Amendments by way of statute law revision
[1] Section 124A (3), definition of “Guardian Ad Litem Panel”
Omit “Department of Justice and Attorney General”.Insert instead “Department of Attorney General and Justice”.
[2] Dictionary, definitions of “Department”, “designated person” and “information source”
Omit “Department of Community Services” wherever occurring.Insert instead “Department of Family and Community Services”.
[3] Dictionary, paragraph (d) of definition of “designated person” and paragraph (b) of definition of “information source”
Omit “Department of Health” and “of the Department” wherever occurring.Insert instead “Ministry of Health” and “of the Ministry”, respectively.
[4] Dictionary, definition of “Director-General”
Omit “of Community Services”.
Explanatory note
The proposed amendments update references to Government Departments.
Section 4 (1), definition of “deacon”
Omit “by the Baptist Union” wherever occurring.
Explanatory note
The proposed amendment corrects inconsistent terminology.
Schedule 5, Part 2
Omit “heritage map” from the heading to the second column.Insert instead “Heritage Map”.
Explanatory note
The proposed amendment corrects a reference to a defined map.
Schedule 2, clause 5 (4) (a)
Omit “the YSC Act”. Insert instead “the YCS Act”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Section 3, definition of “Department”
Omit “Department of Community Services”.Insert instead “Department of Family and Community Services”.
[2] Section 27A (1), paragraph (d) of the definition of “relevant agency” and (11)
Omit “Department of Health” wherever occurring.Insert instead “Ministry of Health”.
[3] Section 27A, paragraph (g) of the definition of “relevant agency”
Omit “Department of Human Services”.Insert instead “Department of Family and Community Services”.
[4] Section 78A (4) (e)
Omit “Minister for Community Services”.Insert instead “Minister for Family and Community Services”.
[5] Section 101A (3), definition of “Guardian Ad Litem Panel”
Omit “Department of Justice and Attorney General”.Insert instead “Department of Attorney General and Justice”.
Explanatory note
The proposed amendments update references to Government Departments and a Minister.
Schedule 5, matter relating to item I412
Omit “Calyspso”. Insert instead “Calypso”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Section 5 (2), note
Insert in alphabetical order:
[2] Schedule 1 Divisions of the Tribunal
Insert after clause 1 (a) (iA):(iB) occupancy principles disputes under the Boarding Houses Act 2012, and
Explanatory note
The proposed amendments make changes consequential on the enactment of the Boarding Houses Act 2012. Item [1] of the proposed amendments updates a note listing the Acts that confer jurisdiction on the Consumer, Trader and Tenancy Tribunal (the Tribunal), to include the Boarding Houses Act 2012 (which confers jurisdiction on the Tribunal).
Item [2] makes it clear that the Tribunal’s jurisdiction in respect of disputes under the Boarding Houses Act 2012 is to be exercised in the General Division of the Tribunal.
Clause 17 (2) (b)
Omit “reasonbly”. Insert instead “reasonably”.
Explanatory note
The proposed amendment corrects a spelling error.
Section 25 Failure of witnesses to attend and answer questions etc
Insert at the end of the section:Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.
Explanatory note
The proposed amendment specifies the penalty for an existing offence. The penalty is the penalty that applied to the same offence under section 18 of the New South Wales Crime Commission Act 1985 (when that Act was in force). When that Act was replaced by the Crime Commission Act 2012, section 18 was divided into 2 provisions (sections 25 and 37). Due to a drafting oversight, the penalty was moved to section 37 and not replicated in section 25.
Schedule 1, matter relating to Horningsea Park Detention Basin
Omit “Tributory”. Insert instead “Tributary”.
Explanatory note
The proposed amendment corrects a spelling error.
Clause 136E (1) (a)
Omit “clause 318 of the Occupational Health and Safety Regulation 2001”.Insert instead “clause 458 of the Work Health and Safety Regulation 2011”.
Explanatory note
The proposed amendment updates a cross-reference.
Schedule 1, matter relating to 79 George Street under the heading Leases
Omit “Parrarnatta”. Insert instead “Parramatta”.
Explanatory note
The proposed amendment corrects a spelling error.
Schedule 2, clause relating to Signage—business identification signs in industrial zones
Omit “centerline” from paragraph (d). Insert instead “centreline”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 4.4 (2B)
Omit “where:”. Insert “where:” after the formula.
Explanatory note
The proposed amendment inserts a missing word.
Schedule 2, clause relating to Signage—all signs
Omit “Codes 2008” from paragraph (d). Insert instead “Codes) 2008”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 21 (1), definition of “ASIC Regulations”
Insert “of the Commonwealth” after “2001” in paragraph (b).
Explanatory note
The proposed amendment clarifies a reference to a Commonwealth Act.
Schedule 5, matter relating to item I55
Insert “Local” in the column headed “Significance”.
Explanatory note
The proposed amendment inserts a missing word.
[1] Section 20 (1) (cg)
Omit “section 176A”. Insert instead “section 193”.
[2] Section 20 (1) (ck)
Omit “section 147”. Insert instead “section 141F”.
Explanatory note
The proposed amendments update references to sections that have been renumbered.
Schedule 5, Part 2
Omit “heritage map” from the heading to the second column.Insert instead “Heritage Map”.
Explanatory note
The proposed amendment corrects a reference to a defined map.
[1] Clause 7.10
Renumber clause 7.10 (3)–(7) as clause 7.10 (2)–(6).
[2] Clause 7.10 (2) (a) (as renumbered by item [1])
Omit “subclause (2)”. Insert instead “subclause (1)”.
[3] Clause 7.10 (2) (c) (as renumbered by item [1])
Omit “subclause (6)”. Insert instead “subclause (5)”.
[4] Clause 7.10 (5) (as renumbered by item [1])
Omit “subclauses (2)–(5)”. Insert instead “subclauses (1)–(4)”.
Explanatory note
The proposed amendments correct numbering and related cross-references.
[1] Clause 4.2B, note
Omit “Development) Codes”. Insert instead “Development Codes)”.
[2] Schedule 5, Part 1, matter relating to item I18
Omit “Steet”. Insert instead “Street”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Section 12 (3), note
Insert instead “Firearms Regulation 2006”.
[2] Section 39C (1)
Omit “Security Industry Registry”.Insert instead “Security Licensing and Enforcement Directorate”.Explanatory noteItem [1] of the proposed amendments updates a reference to a Regulation.Item [2] updates a reference to a body.
Dictionary, definition of “Additional Permitted Uses Map”
Omit “uses”. Insert instead “Uses”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 7.6 (2)
Insert instead “Work Health and Safety Regulation 2011”.
Explanatory note
The proposed amendment updates a cross-reference.
Clause 129 (2) (c), note
Omit “Emergency”. Insert instead “Temporary”.
Explanatory note
The proposed amendment updates a reference relating to the Coastal Protection Act 1979.
Clause 21 (4)
Renumber paragraph (g) (as inserted by State Environmental Planning Policy (Sydney Region Growth Centres) Amendment (The Hills Growth Centre Precincts) 2013) as paragraph (j).
Explanatory note
The proposed amendment corrects duplicated provision numbering.
Clause 14A (4)
Omit “clause” where lastly occurring. Insert instead “Policy”.
Explanatory note
The proposed amendment corrects a cross-reference.
Clause 4.4C, table
Omit “> 1,000”. Insert instead “≥ 1,000”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 5, matter relating to Dawes Point
Omit “Street)” including” wherever occurring in the matters relating to 82–86 and 82–88 Windmill Street.Insert instead “Street) including”.
Explanatory note
The proposed amendment corrects typographical errors.
Schedule 2, matter relating to Signage—signs on business or industrial premises
Omit “and” from subclause (2) (d).
Explanatory note
The proposed amendment removes an unnecessary word.
[1] Clause 7.7 (1)
Omit “architectual”. Insert instead “architectural”.
[2] Schedule 5, Part 3, heading
Omit “Archaelogical”. Insert instead “Archaeological”.
Explanatory note
The proposed amendments correct spelling errors.
Schedule 7, clauses 188 (4) and 189 (4)
Omit “Transport for New South Wales” wherever occurring.Insert instead “Transport for NSW”.
Explanatory note
The proposed amendment corrects a reference to a Government agency.
[1] Clause 35
Omit “the RTA” wherever occurring. Insert instead “RMS”.
[2] Clause 35 (1) (f)
Omit “ANVIS agreement”. Insert instead “DVRS agreement”.
[3] Clause 35 (2)
Omit “ANVIS agreement” and “Authorised New Vehicle Inspection Scheme”.Insert instead “DVRS agreement” and “Dealer Vehicle Registration Scheme”, respectively.
Explanatory note
Item [1] of the proposed amendments updates references to a body.
Items [2] and [3] update the name of an agreement authorising the performance of functions relating to vehicle registration.
Schedule 5, Parts 2 and 4
Omit “heritage map” wherever occurring in the headings to the second columns.Insert instead “Heritage Map”.
Explanatory note
The proposed amendment corrects references to a defined map.
Clause 73 (2) (c) (ii)
Omit “, 2003”.
Explanatory note
The proposed amendment removes redundant matter.
Clause 76 (2)
Omit “Part 11 of Division 4”. Insert instead “Division 4 of Part 11”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Clause 47 (11)
Omit “amend”.
[2] Clause 78 (1) (e)
Omit “add an”. Insert instead “add a”.
Explanatory note
Item [1] of the proposed amendments removes a redundant word.
Item [2] corrects a typographical error.
Appendix 5
Omit “Pox”. Insert instead “Box”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 38, note
Omit “applying a minimum”. Insert instead “applying minimum”.
[2] Clause 68 (2)
Omit “shall be subject to the same mandatory condition(s) imposed under clause 76 of this Plan on an unregulated river access licence in the same water source or management zone as the aquifer access licence.”.Insert instead “shall, from year six of this Plan, be subject to the same access rules as unregulated river access licences for the corresponding water source or management zone specified in clause 19 of this Plan.”.
Explanatory note
Item [1] of the proposed amendments omits a redundant word.
Item [2] corrects an error in the form in which a previous amendment was made.
[1] Clause 4 (5) (d)
Omit “Murray-Darling”. Insert instead “Murray Darling”.
[2] Clause 49 (3) (b) and (f)
Omit “and” wherever occurring.
[3] Clause 53 (2), note
Omit “clauses”. Insert instead “clause”.
[4] Clause 57 (1) (c)
Omit “meters”. Insert instead “metres”.
[5] Clause 63 (k)
Omit “access that”. Insert instead “access licence that”.
[6] Clause 66 (1) (d), (h) and (i)
Omit “or” wherever lastly occurring.
[7] Clause 66 (1) (j)
Omit “nominates” where firstly occurring. Insert instead “nominate”.
[8] Clause 72 (2) (c) (ii)
Omit “, 2003”.
[9] Dictionary, definition of “Aboriginal person”
Omit “Lands Rights”. Insert instead “Land Rights”.
Explanatory note
The proposed amendments correct spelling and grammar, correct the citations of instruments, remove redundant words and insert missing words.
Clause 37 (6) (a)
Omit “Country”. Insert instead “County”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 4 (13) (j)
Omit “Water Sharing Plan for the Murray Darling Basin Porous Rock Groundwater Sources 2011”.
Explanatory note
The proposed amendment corrects the citation of an instrument.
Land Use Table, Zone RU5, item 4
Omit “gounds”. Insert instead “grounds”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Sections 163A (3) and 163B (1)–(3)
Omit “authorised officer” wherever occurring.Insert instead “inspector”.
[2] Section 163B (5)
Omit “”. Insert instead “inspector”.
Explanatory note
The proposed amendments update references to persons authorised as inspectors.
[1] Section 49 (2)
Omit “section 43A”. Insert instead “section 32A”.
[2] Section 54 (4) (a)
Omit “section 152 (Recovery of excess from employer)”.Insert instead “section 160 (Recovery of excess from employer) of the 1987 Act”.
[3] Sections 273 and 277
Omit “and section 152 of this Act apply” wherever occurring.Insert instead “applies”.
[4] Sections 273 and 277
Omit “those sections” wherever occurring. Insert instead “that section”.
Explanatory note
Items [1] and [2] of the proposed amendments update cross-references.
Items [3] and [4] remove references to a repealed section.
Schedule 3
Renumber Part 4 and clause 7 (as inserted by the Crimes Legislation Amendment Act 2012) as Part 5 and clause 8, respectively.
Explanatory note
The proposed amendment corrects duplicated numbering.
Schedule 3 Repeals
1 Repeal of redundant Acts and provision of instrument
The following Acts and provision of an instrument are repealed:
2 Repeal of amending instrument that has commenced
The following instrument is repealed:
3 Repeal of provision of instrument that amends instrument that has since been repealed
The following provision of an instrument is 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 on 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.