An Act to repeal certain Acts and instruments and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2014.
2 Commencement
(1) This Act commences on 8 January 2015.(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
Schedule 1 Amendment of Bail Act 2013 No 26
Omit “Firearms Act 1996” from proposed section 16B (1) (e) (i) in Schedule 1 [6].Insert instead “Weapons Prohibition Act 1998”.
Explanatory note
The proposed amendment to the Bail Amendment Act 2014 corrects a cross-reference in a provision that refers to offences involving the use of a military-style weapon. The Firearms Act 1996, which the provision mistakenly refers to, does not contain any such offences. The relevant offences are contained in the Crimes Act 1900 (correctly referred to in the provision) and the Weapons Prohibition Act 1998.
1.2
(Repealed)Section 4 Definitions
Omit “section 50 of the Australian Consumer Law (NSW)” from paragraph (a) of the definition of minor offence in section 4 (1).Insert instead “section 168 of the Australian Consumer Law (NSW)”.
Explanatory note
The proposed amendment to the Commercial Agents and Private Inquiry Agents Act 2004 corrects a reference in a list of certain offences appearing in a definition of minor offence. Currently, the definition incorrectly refers to a prohibition on the unfair practices of harassment and coercion appearing in Part 3-1 of the Australian Consumer Law (NSW) (ACL (NSW)), rather than the associated offence appearing in Part 4-1 of the ACL (NSW). The proposed amendment corrects that error.
Section 79 Qualifications of auditors
Insert after section 79 (1) (a):(a1) is an authorised audit company within the meaning of the Corporations Act, or(a2) is a member of a professional accounting body within the meaning of the Australian Securities and Investments Commission Act 2001 of the Commonwealth and holds a Public Practice Certificate or Certificate of Public Practice issued by the body, or
Explanatory note
The proposed amendment to the Conveyancers Licensing Act 2003 enables audits of licensees’ records to be carried out by authorised audit companies and members of professional accounting bodies who hold a Public Practice Certificate.
[1] Section 130A Pre-trial orders and orders made during trial bind trial Judge
Insert “or given” after “made” in section 130A (4).
[2] Section 130A (5)
Insert after section 130A (4):(5) To avoid doubt, this section extends to a ruling given on the admissibility of evidence.
Explanatory note
Item [2] of the proposed amendments to the Criminal Procedure Act 1986 removes an uncertainty, raised by Simpson J in JG v R[2014] NSWCCA 138 as to whether section 130A of that Act applies to rulings on the admissibility of evidence. Item [1] makes a consequential amendment.
[1] The whole Act (except Schedule 6)
Omit “distribution network service provider’s”, “distribution network service providers’”, “distribution network service providers” and “distribution network service provider” wherever occurring.Insert instead “distributor’s”, “distributors’”, “distributors” and “distributor”, respectively.
[2] Section 15A (8B)
Omit “the provider”. Insert instead “the distributor”.
[3] Section 31 Customer may choose supplier and contractor
Insert “The regulations may make provision for or with respect to the payment of fees in connection with an application for accreditation or for renewal of accreditation.” after “services.” in section 31 (2).
[4] Sections 63K (1) and 91 (2) and Dictionary
Omit “the service provider” and “the service provider’s” wherever occurring.Insert instead “the distributor” and “the distributor’s”, respectively.
[5] Section 191 Regulations
Omit “point of supply” from section 191 (1) (e1). Insert instead “connection point”.
[6] Section 191 (2A)
Omit “, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation”.Insert instead “or Transport for NSW”.
[7] Dictionary
Omit the definitions of distribution network service provider, distribution network service provider’s licence, point of supply and rail network electricity system.Insert in alphabetical order:connection point, in relation to the premises of a customer or a class of customers, means the point of connection to an electrical installation supplying electricity to the premises, as determined in accordance with the regulations.distributor means a person who owns or controls a distribution system.distributor’s licence means a licence referred to in section 14.
[8] Dictionary, definition of “distribution system”
Omit “point of supply” wherever occurring. Insert instead “connection point”.
[9] Dictionary, definition of “distribution system”
Insert “operated by Rail Corporation New South Wales or Transport for NSW” after “system” in paragraph (b).
Explanatory note
Item [3] of the proposed amendments to the Electricity Supply Act 1995 allows the regulations under that Act to provide for payment of fees in connection with an application for accreditation, or for renewal of accreditation, to provide electrical or other services.
Items [1], [2], [4], [5], [7] and [8] revise terminology to align it with terms used in the National Energy Retail Law (NSW).
Items [6] and [9] update references to the operators of the rail network electricity system.
[1] The whole Regulation
Omit “service provider” and “service provider’s” wherever occurring.Insert instead “distributor” and “distributor’s”, respectively.
[2] Clause 3 Definitions
Omit the definition of service provider from clause 3 (1).
Explanatory note
The proposed amendments to the Electricity Supply (General) Regulation 2014 revise terminology consequential on item [1] of the proposed amendments to the Electricity Supply Act 1995 in this Schedule.
[1] The whole Regulation
Omit “distribution network service provider” wherever occurring.Insert instead “distributor”.
[2] Clause 17 Application for accreditation or renewal
Insert at the end of clause 17 (2) (c):, and(d) be accompanied by the fee (if any) for processing the application that is specified in the Scheme Rules.
[3] Clause 26 Scheme Rules
Insert after clause 26 (2) (c):(c1) fees required for an application for, or renewal of, an accreditation,
[4] Clause 34 Object and application of this Part
Omit “distribution network service providers” from clause 34 (1).Insert instead “distributors”.
[5] Clauses 36 (1), 39 (1) and 40
Omit “the provider” wherever occurring. Insert instead “the distributor”.
Explanatory note
Item [2] of the proposed amendments to the Electricity Supply (Safety and Network Management) Regulation 2014 (the Regulation) requires a fee to accompany an application for accreditation, or for renewal of accreditation, to provide electrical or other services if the Scheme Rules made under the Regulation specify a fee. Item [3] permits the Scheme Rules to prescribe the required fee. Items [2] and [3] are related to item [2] of the proposed amendments to the Electricity Supply Act 1995 in this Schedule.
Items [1], [4] and [5] revise terminology consequential on item [1] of the proposed amendments to the Electricity Supply Act 1995 in this Schedule.
[1] Schedule 3 Transfer of staff, assets, rights and liabilities
Omit “and 16 of Schedule 5”. Insert instead “, 16 and 22 of Schedule 5”.
[2] Schedule 3, clause 1 (1)
Omit “or 16 of Schedule 5”. Insert instead “, 16 or 22 of Schedule 5”.
[3] Schedule 5 Savings, transitional and other provisions
Insert after clause 20:Part 5 Provisions consequent on repeal of Pacific Power (Dissolution) Act 2003 by Statute Law (Miscellaneous Provisions) Act (No 2) 201421 DefinitionIn this Part:means the Residual Business Management Corporation constituted by the Pacific Power (Dissolution) Act 2003.22 Dissolution of Residual Business Management Corporation(1) The former authority is dissolved.(2) The assets, rights and liabilities of the former authority immediately before its dissolution are transferred to the Crown by this clause.(3) Despite clause 4 of Schedule 3, the transfer of assets, rights and liabilities under this clause takes effect on 8 January 2015.(4) The SAS Trustee Corporation may, at the request of the Treasurer, debit all or part of the funds from an employer reserve of the former authority in an account established under section 81 of the Superannuation Administration Act 1996 and credit that amount to an employer reserve of the Crown established under that section.
Explanatory note
Item [3] of the proposed amendments to the Energy Services Corporations Act 1995 dissolves the Residual Business Management Corporation (RBMC) and transfers the assets, rights and liabilities of RBMC to the Crown. RBMC was constituted under the Pacific Power (Dissolution) Act 2003 to manage the residual assets, rights and liabilities of the former Pacific Power. That Act is proposed to be repealed by Schedule 3.
Item [3] also enables funds held by the SAS Trustee Corporation for the purposes of the superannuation benefits of former employees of Pacific Power to be transferred from an employer reserve of RBMC to an employer reserve of the Crown.
Items [1] and [2] make consequential amendments. Other amendments to other Acts that are consequential on the dissolution of RBMC are proposed to be made in this Schedule.
Section 8 Delegation by Director-General
Omit section 8 (1) (c).
Explanatory note
The proposed amendment to the Fair Trading Act 1987 omits a provision that allows the Commissioner for Fair Trading, Office of Finance and Services to delegate functions imposed under the Home Building Act 1989. The provision is redundant as the Commissioner already has, under section 122 of that Act, a power to delegate those functions.
Schedule 1 Employers
Omit “Residual Business Management Corporation”.
Explanatory note
The proposed amendment to the First State Superannuation Act 1992 is consequential on the dissolution of the Residual Business Management Corporation proposed to be effected by the amendments to the Energy Services Corporations Act 1995 in this Schedule.
Section 20L Definitions
Omit “health support services” from paragraph (d) of the definition of relevant health services organisation.Insert instead “services”.
Explanatory note
The proposed amendment to the Health Administration Act 1982 corrects terminology (replacing a reference to “health support services” provided by the Secretary of the Ministry of Health with the broader concept of “health services”) as a consequence of amendments made to the Health Services Act 1997 in 2010. Service is defined in the section proposed to be amended to mean a health service, including any administrative or other service related to a health service.
Schedule 1 Terms that are taken to be in every occupation agreement
Omit “3 months’” from clause 40 (2). Insert instead “90 days’”.
Explanatory note
The proposed amendment to the Holiday Parks (Long-term Casual Occupation) Act 2002 expresses the notice period for giving a notice of termination of an occupation agreement in days, rather than months, for consistency with other notice periods in that Act.
Section 6 Determination of applications
Omit “New South Wales Crime Commission Investigations Manager” from section 6 (4) (c).Insert instead “an officer of the New South Wales Crime Commission who is designated by that Commission as a New South Wales Crime Commission Senior Investigator”.
Explanatory note
The proposed amendment to the Law Enforcement and National Security (Assumed Identities) Act 2010 updates a reference to an officer of the New South Wales Crime Commission who may be appointed to supervise the acquisition or use of an assumed identity by an authorised civilian.
Section 74 Form of notice of claim
Omit section 74 (4).
Explanatory note
The proposed amendment to the Motor Accidents Compensation Act 1999 removes the requirement for a notice of a motor accident claim given to an insurer to be verified by statutory declaration.
The requirement for a statutory declaration in such circumstances is made redundant by section 307C of the Crimes Act 1900, which makes it an offence for a person to produce a false or misleading document in compliance with a law of the State (maximum penalty of 2 years’ imprisonment or a fine of 200 penalty units, or both).
1.16, 1.17
(Repealed)[1] Section 23B Definitions
Insert in alphabetical order:affiliate parents and citizens association means a parents and citizens association that is a member of the federation.
[2] Section 23G Eligibility of councillors and delegates
Omit “a parents” from section 23G (1) (b). Insert instead “an affiliate parents”.
[3] Section 23H Voting for councillors and delegates
Insert “affiliate” before “parents” wherever occurring.
Explanatory note
The proposed amendments to the Parents and Citizens Associations Incorporation Act 1976 make it clear that:
(a) a parents and citizens association of a school may vote in an election for the councillors and delegates of the Federation of Parents and Citizens Associations under Part 3A of that Act only if the association is admitted as a member of the Federation, and
(b) a person is eligible to be elected as a councillor or delegate of the Federation only if the person is a member of such a parents and citizens association.
Section 14 Trustees of the Fund
Omit section 14 (2). Insert instead:(2) A person holding office as trustee does not vacate that office on ceasing to be a member by reason of the dissolution or expiry of the Legislative Assembly, but continues in office until the Legislative Council or Legislative Assembly (as the case requires) appoints a successor.
Explanatory note
The proposed amendment to the Parliamentary Contributory Superannuation Act 1971 enables the existing trustees of the Parliamentary Contributory Superannuation Fund who are appointed by the Legislative Council or Legislative Assembly to continue in office, despite ceasing to be members because of the dissolution or expiry of the Assembly before a State general election, until the Assembly or Council appoints a successor after the State general election.
The Parliamentary Remuneration Tribunal has, under section 4 of the Parliamentary Contributory Superannuation Act 1971, issued a certificate approving this Bill. Such a certificate is required before Parliament can deal with a Bill that amends that Act.
[1] Section 3 Definitions
Omit the definition of corresponding law. Insert instead:corresponding law means a law of another State or Territory relating to the transfer of parole orders that corresponds (or substantially corresponds) to the provisions of this Act, and includes a law of another State or Territory declared by the Minister, by notice published in the Gazette, to be a corresponding law for the purposes of this Act.
[2] Section 15
Insert after section 14:15 Confirmation of meaning of “corresponding law”(1) Anything done or omitted to be done under or for the purposes of this Act before the substitution of the definition of corresponding law in section 3 by the amending Act that would have been valid had the definition been in force when it was done or omitted to be done is (to the extent of any invalidity) taken to be, and always to have been, valid.(2) For the avoidance of doubt, it is declared that each of the following laws (while in force) has been a corresponding law for the purposes of this Act (including subsection (1)):(a) the Crimes (Sentence Administration) Act 2005 of the Australian Capital Territory,(b) the Parole Orders (Transfer) Act 1983 of the Australian Capital Territory (including when it was named the Parole Orders (Transfer) Ordinance 1983),(c) the Parole Orders (Transfer) Act of the Northern Territory,(d) the Parole Orders (Transfer) Act 1984 of Queensland,(e) the Parole Orders (Transfer) Act 1983 of South Australia,(f) the Parole Orders (Transfer) Act 1983 of Tasmania,(g) the Parole Orders (Transfer) Act 1983 of Victoria,(h) the Parole Orders (Transfer) Act 1984 of Western Australia.(3) Any notice made for the purposes of the definition of corresponding law in section 3 before its substitution by the amending Act that was in force immediately before that substitution continues in force as a notice for the purposes of the substituted definition.(4) In this section:amending Act means the Statute Law (Miscellaneous Provisions) Act (No 2) 2014.
Explanatory note
Item [1] of the proposed amendments to the Parole Orders (Transfer) Act 1983 replaces the definition of corresponding law in the Act with a definition that provides for a law of another State or Territory that corresponds (or substantially corresponds) to the provisions of the Act to be treated as a corresponding law without the need for a notice to be published by the Minister declaring the law to be a corresponding law (as is currently the case).
Item [2] confirms the meaning that the term corresponding law has had since the enactment of the Act and, where necessary, validates anything done (or omitted to be done) by reference to that meaning.
Schedule 4 Authorities having Part 4 investment powers
Omit “Residual Business Management Corporation”.
Explanatory note
The proposed amendment to the Public Authorities (Financial Arrangements) Regulation 2013 is consequential on the dissolution of the Residual Business Management Corporation proposed to be effected by the amendments to the Energy Services Corporations Act 1995 in this Schedule.
Schedule 2 Statutory bodies
Omit “Residual Business Management Corporation”.
Explanatory note
The proposed amendment to the Public Finance and Audit Act 1983 is consequential on the dissolution of the Residual Business Management Corporation proposed to be effected by the amendments to the Energy Services Corporations Act 1995 in this Schedule.
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):disclosure statement means a disclosure statement provided in accordance with section 21.
[2] Section 118 Termination by operator
Omit “the operator’s agent” from section 118 (2).Insert instead “a person acting on behalf of the operator”.
Explanatory note
Item [1] of the proposed amendments to the Residential (Land Lease) Communities Act 2013 clarifies the meaning of “disclosure statement” (which is a term used in various provisions of the Act) by cross-referring to the provision of the Act that requires disclosure statements to be provided and describes their contents.
Item [2] broadens the operation of section 118 of the Act to allow employees and other persons authorised by the operator of a community under a site agreement to sign a termination notice terminating the agreement with a home owner.
[1] Section 95 Occupants remaining in residential premises
Insert after section 95 (3):(4) The Tribunal is not to make an order for possession of the residential premises if the tenant is prohibited by an apprehended violence order from having access to the residential premises while the occupant resides in the premises and the occupant has not had a reasonable opportunity to obtain a final apprehended violence order and to apply to the Tribunal for an order under section 79.
[2] Section 177 Constitution of Rental Bond Board
Omit section 177 (5) (including the note). Insert instead:(5) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Board to exercise its functions.Note—Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Board makes use of) may be referred to as officers or employees, or members of staff, of the Board. Section 47A of the Constitution Act 1902 precludes the Board from employing staff.
[3] Section 218 Limit on period of listing
Omit “national privacy principles” from section 218 (1) (a).Insert instead “Australian Privacy Principles”.
[4] Section 218 (4)
Omit the subsection. Insert instead:(4) In this section:Australian Privacy Principles has the same meaning as in the Privacy Act 1988 of the Commonwealth.
[5] Schedule 1 Membership and procedure of Rental Bond Board
Omit clause 8 (1). Insert instead:(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.
Explanatory note
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 ensures that a landlord cannot obtain possession of residential premises after a tenant has vacated those premises if the remaining occupant has obtained an interim or other apprehended violence order against the tenant and has not had a reasonable opportunity to obtain a final apprehended violence order and to obtain an order from the Tribunal to be recognised as a tenant of the premises.
Items [2] and [5] update provisions as a consequence of the enactment of the Government Sector Employment Act 2013.
Items [3] and [4] update references to principles that have been renamed by a Commonwealth Act.
[1] Section 11 Class 1 licences
Insert after section 11 (2):(3) A class 1A, class 1B, class 1C, class 1E or class 1F licence does not authorise the licensee to carry on a security activity with a dog.
[2] Section 12 Class 2 licences
Omit section 12 (1) (a) and (b). Insert instead:(a) class 2A—authorises the licensee:(i) to sell security methods or principles, and(ii) to act as a consultant by identifying and analysing security risks and providing solutions and management strategies to minimise those security risks,(b) class 2B—authorises the licensee:(i) to sell, and provide advice in relation to, security equipment, and(ii) to sell the services of persons to carry on any security activity, and(iii) to act as an agent for, or otherwise obtain contracts for, the supply of persons to carry on any security activity, the supply of any security equipment or the supply of any security activity, and(iv) to broker any security activity by acting as an intermediary to negotiate and obtain any such activity for a person in return for a commission or financial benefit,
[3] Section 21 Grant and conditions of licence and renewal of licence
Omit “and nominate a place where the person is to collect the licence or renewed licence” from section 21 (1) (a).
[4] Section 21 (4)
Omit the subsection.
[5] Section 22 Form of licence
Omit section 22 (3). Insert instead:(3) A class 1 or class 2 licence must contain a recent photograph of the licensee and bear the signature of the licensee.(4) The Commissioner may determine that a master licence is to contain a recent photograph of the licensee or bear the signature of the licensee (or both).(5) A requirement under this section for a licence to contain a photograph is satisfied only if the licence contains a photograph obtained in accordance with arrangements determined by the Commissioner.
[6] Section 23F
Insert after section 23E:23F Special conditions—class 1A, 1B, 1C, 1E or 1F licensee not to use dogIt is a condition of every class 1A, class 1B, class 1C, class 1E or class 1F licence that the licensee must not carry on the security activity authorised by the licence with a dog.
[7] Section 24 Term of licence
Omit section 24 (1A). Insert instead:(1A) A class 1 or class 2 licence, other than a renewed licence, comes into force:(a) on the day on which the licence is collected, or(b) if the licence is posted to the licensee—4 working days after the latest photograph of the licensee was taken for the purpose of its reproduction on the licence.(1AA) A master licence, other than a renewed licence, comes into force on the date specified in the licence.
[8] Section 24 (3)
Omit the subsection.
[9] Section 29 Right to seek administrative review from Civil and Administrative Tribunal
Omit “(other than by operation of section 24 (3))” wherever occurring in section 29 (1) (a) and (a1).
[10] Section 47 Certificate and other evidence
Omit section 47 (1) (h). Insert instead:(h) that a penalty notice had been issued to a specified person for a specified offence against this Act or the regulations and that the amount of the penalty had or had not been paid on a specified day,
Explanatory note
Item [1] of the proposed amendments to the Security Industry Act 1997 provides that a class 1A, class 1B, class 1C, class 1E or class 1F licence does not authorise the licensee to carry on a security activity with a dog. Item [6] is a related amendment, which makes it a condition of these classes of licence that the licensee does not carry on the security activity authorised by the licence with a dog.
Item [2] clarifies that the security activities that a class 2A or class 2B licence authorises include certain activities specified in the definition of security activity in the Act. In particular, the amendment clarifies that the authority conferred by a class 2A licence includes selling security methods or principles and that the authority conferred by a class 2B licence includes acting as an agent, broker or intermediary in certain circumstances.
Items [3] and [4] omit provisions that require the Commissioner of Police to nominate a place where an applicant for a licence is to collect the licence, since it is the practice now for licences to be collected or posted. Items [8] and [9] make consequential amendments.
Item [5] requires class 1 and class 2 licences to contain a recent photograph of the licensee and bear the licensee’s signature. Photographs and signatures can currently be required at the discretion of the Commissioner, whose practice is to require photographs and signatures for all class 1 and class 2 licences but not for master licences. Under the amended provision, the Commissioner retains the discretion to require a photograph or signature (or both) in the case of master licences.
Item [7] specifies when a licence (other than a renewed licence) comes into force, replacing a current provision stating that a licence comes into force on the day on which it is collected. In particular, the amendment provides that a master licence comes into force on the date specified in the licence, and that a class 1 or 2 licence comes into force on the day on which the licence is collected or (if the licence is posted to the licensee) 4 working days after the relevant photograph of the licensee was taken.
Item [10] enables certificate evidence to be given that a penalty notice had been issued to a specified person for a specified offence (rather than in respect of a licence, as at present, since penalty notices are not necessarily issued to licensees). The amendment also removes the requirement for the certificate to specify that the amount of the penalty had or had not been paid in the time specified by the penalty notice (to reflect the fact that a penalty notice may be paid after that time, for instance, after the person has been served with a penalty reminder notice or a penalty notice enforcement order).
[1] Section 3 Definitions
Omit the definition of member of staff from section 3 (1).
[2] Section 9 Functions of State Sporting Venues Authority
Insert after section 9 (1) (c):(c1) to establish and manage community facilities and to establish and manage facilities for community and recreational purposes (whether or not on the authority’s land),
[3] Section 9 (4)
Omit the subsection (including the note). Insert instead:(4) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the State Sporting Venues Authority to exercise its functions.Note—Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the State Sporting Venues Authority makes use of) may be referred to as officers or employees, or members of staff, of the State Sporting Venues Authority. Section 47A of the Constitution Act 1902 precludes the State Sporting Venues Authority from employing staff.
[4] Section 21 Functions of regional sporting venues authorities
Insert after section 21 (1) (g):(h) to ensure that proper asset management plans are in place and are implemented for the authority’s land.
[5] Section 21 (5)
Omit the subsection (including the note). Insert instead:(5) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable a regional sporting venues authority to exercise its functions.Note—Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services a regional sporting venues authority makes use of) may be referred to as officers or employees, or members of staff, of the regional sporting venues authority. Section 47A of the Constitution Act 1902 precludes a regional sporting venues authority from employing staff.
[6] Section 37 Rangers
Omit section 37 (1). Insert instead:(1) The Chief Executive may appoint any of the following persons to be a ranger for the purposes of this Act:(a) a person employed in the Public Service under the Government Sector Employment Act 2013, or(b) a person of a class prescribed by the regulations.
[7] Section 37 (3) and (4) (e)
Omit “Director-General” wherever occurring. Insert instead “Chief Executive”.
[8] Section 37 (6) and (7)
Insert after section 37 (5):(6) The Chief Executive may delegate the exercise of any function of the Chief Executive under this section (other than this power of delegation) to a person employed in the Office of Sport.(7) In this section:Chief Executive means the Chief Executive of the Office of Sport.
[9] Schedule 2 Members and procedure of boards of management
Omit clause 9 (1). Insert instead:(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
Explanatory note
Items [2] and [4] of the proposed amendments to the Sporting Venues Authorities Act 2008 (the Principal Act) amend the functions of the State Sporting Venues Authority and each regional sporting venues authority (currently only Venues NSW) so as to ensure that the functions of those bodies are consistent.
Items [1], [3], [5], [6] and [9] update provisions as a consequence of the enactment of the Government Sector Employment Act 2013.
Item [6] also, as well as items [7] and [8], replaces references to the Director-General of the Department of Education and Communities with references to the Chief Executive of the Office of Sport to take account of the establishment of the Office of Sport and the transfer of parts of the Department of Education and Communities to that Office.
Item [8] also gives the Chief Executive of the Office of Sport a power to delegate the exercise of the Chief Executive’s functions under section 37 of the Principal Act to a person employed in the Office of Sport. Those functions relate to the appointment of rangers under the Principal Act and the provision of identity cards to those rangers.
Schedule 1 Employers
Omit “Residual Business Management Corporation” from Part 1.
Explanatory note
The proposed amendment to the State Authorities Non-contributory Superannuation Act 1987 is consequential on the dissolution of the Residual Business Management Corporation proposed to be effected by the amendments to the Energy Services Corporations Act 1995 in this Schedule.
Schedule 3 List of employers
Omit “Residual Business Management Corporation” from Part 1.
Explanatory note
The proposed amendment to the Superannuation Act 1916 is consequential on the dissolution of the Residual Business Management Corporation proposed to be effected by the amendments to the Energy Services Corporations Act 1995 in this Schedule.
[1] The whole Act
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Chief Executive” and “Chief Executive’s”, respectively.
[2] Section 3 Definitions
Omit the definition of Director-General from section 3 (1).Insert in alphabetical order:Chief Executive means:(a) the Commissioner for Fair Trading, Office of Finance and Services, or(b) if there is no such position in that office—the Chief Executive of the Office of Finance and Services.
[3] Section 17 Duration of licence
Insert after section 17 (4):(5) If an application for a new licence made by the holder of an existing licence is received by the Chief Executive no later than 28 days before the date on which the existing licence is due to expire, the existing licence is taken to continue in force until the application is determined by the Chief Executive.
Explanatory note
Items [1] and [2] of the proposed amendments to the Tattoo Parlours Act 2012 update terminology as a consequence of the enactment of the Government Sector Employment Act 2013. Consequential amendments to the Tattoo Parlours Regulation 2013 are contained in Schedule 2.
Item [3] provides that, if the holder of an existing licence applies for a new licence, the existing licence remains in force until the application is determined, so long as the application is lodged at least 28 days before the existing licence is due to expire.
Section 70 Payments into RailCorp Fund
Omit “, or under section 95 of the Rail Safety Act 2002 or under the Passenger Transport Act 1990, in connection with railway services operated by RailCorp” from section 70 (d).Insert instead “or under the Passenger Transport Act 1990”.
Explanatory note
The proposed amendment to the Transport Administration Act 1988 removes an existing limitation on the kinds of fines and penalties that RailCorp and its subsidiaries may retain. In particular, the fines and penalties need not relate to railway offences (as at present) but will extend to fines and penalties for all offences dealt with by transport officers of RailCorp or its subsidiaries (who deal with offences on all modes of public transport). The amendment also removes a reference to a repealed Act.
[1] Section 1 Name of Act
Omit “Warehousemen’s Liens Act 1935”. Insert instead “Storage Liens Act 1935”.
[2] Section 2 Definitions
Omit “warehouseman” from the definition of Goods. Insert instead “storer”.
[3] Section 2, definition of “Warehouseman”
Omit the definition. Insert instead:Storer means a person lawfully engaged in the business of storing goods as a bailee for hire.
[4] Sections 3, 4, 5 (Notice of lien—goods deposited by person entrusted with possession) and 6–9A
Omit “warehouseman” and “warehouseman’s” wherever occurring.Insert instead “storer” and “storer’s”, respectively.
[5] Sections 5 (2) (b) and 6 (4) (b)
Omit “of the warehouse” wherever occurring.
[6] Section 12
Insert after section 11:12 References to warehouseman’s lienA reference in any other Act, in an instrument made under any Act, or in any other document, to a warehouseman’s lien is to be construed as a reference to a storer’s lien.
Explanatory note
The proposed amendments to the Warehousemen’s Liens Act 1935 replace terminology with gender-neutral terminology that is more relevant to the storage industry the Act regulates.
[1] Clause 1 Name of Regulation
Insert instead “Storage Liens Regulation 2014”.
[2] Clause 3 Definition
Omit “Warehousemen’s Liens Act 1935” from the definition of the Act.Insert instead “Storage Liens Act 1935”.
[3] Clause 5 Verification of statements of account
Omit “warehouseman” and “warehouseman’s” wherever occurring.Insert instead “storer” and “storer’s”, respectively.
[4] Clause 6 Charges payable to the NSW Trustee and Guardian
Omit “Warehousemen’s Liens Act 1935” from clause 6 (2).Insert instead “Storage Liens Act 1935”.
Explanatory note
The proposed amendments to the Warehousemen’s Liens Regulation 2014 are consequential on the amendments proposed to be made to the Warehousemen’s Liens Act 1935 by this Schedule.
sch 1: Am 1987 No 15, sec 30C.
Schedule 2 Amendments by way of statute law revision
[1] Section 54 (3) (c1)
Omit the paragraph. Insert instead:(c1) the Co-operatives (Adoption of National Law) Act 2012 and the Co-operatives National Law (NSW),
[2] Section 57 (1) (a)
Omit “Co-operatives Act 1992”. Insert instead “Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendments update references to a repealed Act.
Clause 43 (b)
Omit “Police and”.
Explanatory note
The proposed amendment updates a reference to a Department.
[1] The whole Act (except section 24 (1) (a3))
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
[3] Section 24 (1) (a5)
Omit the paragraph. Insert instead:(a5) the Chief Executive of the Office of Finance and Services or the Chief Executive’s nominee,
Explanatory note
The proposed amendments update terminology.
The whole Regulation
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
Explanatory note
The proposed amendment updates terminology.
Schedule 2, matter relating to Signage—business identification signs for businesses in business zones
Omit “facia” from subclause (1). Insert instead “fascia”.
Explanatory note
The proposed amendment corrects a spelling error.
[1] The whole Act
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 5 (1), definition of “Department”
Insert “Family and” after “of”.
[3] Section 5 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
Section 25 (2)
Omit “and the Co-operatives Act 1992”.Insert instead “, the Co-operatives (Adoption of National Law) Act 2012 and the Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Clause 9
Omit “23 (1) of the Property, Stock and Business Agents Regulation 2003”.Insert instead “21 of the Property, Stock and Business Agents Regulation 2014”.
Explanatory note
The proposed amendment updates a cross-reference.
[1] The whole Act (except Schedule 4)
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1), definition of “Department”
Omit “Youth”. Insert instead “Family”.
[3] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
Section 34 (2) (b)
Omit “Trade Practices Act 1974 of the Commonwealth, the Fair Trading Act 1987”.Insert instead “Competition and Consumer Act 2010 of the Commonwealth, the Australian Consumer Law (NSW)”.
Explanatory note
The proposed amendment updates references to renamed and applied laws.
Clause 25 (5)
Omit “an annual report as set out in Form 1 of Schedule 7 to the Co-operatives Regulation 2005”.Insert instead “an annual report containing the returns (relevant to the association) that are required of a society under subclauses (1) and (2)”.
Explanatory note
The proposed amendment removes a reference to a repealed Regulation and substitutes a requirement that an annual report be in a different form. The amendment has the same effect as the relevant provision of clause 18 of the Co-operatives (New South Wales) Regulation 2014.
Clause 4.1 (4A)
Omit “developmment”. Insert instead “development”.
Explanatory note
The proposed amendment corrects a spelling error.
Schedule 3, clause 3 (1)
Omit “available for inspection on the Department’s website” from the note.Insert instead “set out in Schedule 8 to the repealed Credit (Savings and Transitional) Regulation 1984”.
Explanatory note
The proposed amendment updates a note.
Sections 98A (definition of “central referral point”) and 98P
Omit “Police and” wherever occurring.
Explanatory note
The proposed amendment updates references to a Department.
Forms
Omit “Criminal Procedure Act 1986” where firstly occurring and “section 174 of the Criminal Procedure Act 1986” from Form XXIV.Insert instead “Crimes (Sentencing Procedure) Act 1999” and “section 37 of the Crimes (Sentencing Procedure) Act 1999”, respectively.
Explanatory note
The proposed amendment updates references consequentially on an amendment made by the Crimes Legislation Amendment Act 2014.
Chapter 6, Part 3, heading
Omit “Medical examinations”. Insert instead “Scientific examinations”.
Explanatory note
The proposed amendment corrects terminology.
Clause 43 (b) (ii)
Insert instead “Associations Incorporation Act 2009”.
Explanatory note
The proposed amendment updates a cross-reference.
Schedule 1, matter relating to 4-Bromo-2,5-dimethoxyphenethylamine
Omit “0.08” from Column 2. Insert instead “0.08g”.
Explanatory note
The proposed amendment inserts a missing unit.
[1] The whole Act (except Schedule 6)
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
[2] Sections 43EI (2) and 97HD (2)
Omit “Director-General or Deputy Director-General (General Counsel)” wherever occurring.Insert instead “Secretary or General Counsel”.
[3] Section 160 (2)
Omit “Deputy Director-General (General Counsel)”. Insert instead “General Counsel”.
[4] Dictionary
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology.
[1] The whole Act (except Schedule 2)
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1), definition of “Department”
Omit “Energy, Utilities and Sustainability”.Insert instead “Trade and Investment, Regional Infrastructure and Services”.
[3] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
[1] Schedule 6
Insert after Schedule 5:Schedule 6 Statute Law (Miscellaneous Provisions) Act (No 2) 2008—transferred provisions
[2] Schedule 6 (as inserted by item [1])
Transfer Schedules 1.8, 1.12, 2.10, 2.32, 2.35 and 2.39 (without the commencement provisions to those subschedules) to the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 as Schedules 6.1–6.6, respectively.
Explanatory note
The proposed amendments transfer uncommenced provisions consequent on amendments contained in the Environmental Planning and Assessment Amendment Act 2008 and will enable the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 to be repealed by Schedule 3.
Clauses 5 and 6
Omit the clauses.
Explanatory note
The proposed amendment repeals spent provisions.
Section 71
Omit the note to the section. Insert instead:Note—Parts 5 and 5A of the Crimes Act 1900 contain offences relating to making, using and possessing false documents and the production of false and misleading documents.
Explanatory note
The proposed amendment updates a note.
[1] Section 6 (2) (b1)
Insert after section 6 (2) (b):(b1) a co-operative registered under the Co-operatives National Law (NSW),
[2] Section 6 (2) (c)
Omit “the Co-operatives Act 1992,”.
Explanatory note
The proposed amendments update references to a repealed Act.
[1] Section 34 (1) (a)
Insert “or” after “fund,”.
[2] Section 34 (1) (b)
Omit “fund, or”. Insert instead “fund.”.
[3] Sections 102 (3) and 119 (3)
Omit “Sections 9 and 10 of the Unclaimed Moneys Act 1917 shall apply to money paid to the Treasurer under subsection (2) in the same way as they apply” wherever occurring.Insert instead “The Unclaimed Money Act 1995 applies to money paid to the Treasurer under subsection (2) in the same way as it applies”.
Explanatory note
Items [1] and [2] of the proposed amendments clarify the operation of a list. Item [3] updates references to a repealed Act.
Clause 33 (1)
Omit “distribution network of a distribution network service provider”.Insert instead “gas network of a network operator”.
Explanatory note
The proposed amendment corrects terminology.
Schedule 5, Part 1, matters relating to the suburb of Mount George
Reorder the matters in appropriate address order.
Explanatory note
The proposed amendment corrects the alphabetical ordering of heritage items.
Clause 5 (1) (c)
Omit the paragraph. Insert instead:(c) the employment website https://nswhealth.erecruit.com.au.
Explanatory note
The proposed amendment corrects a reference.
[1] Section 3 (2), definition of “statutory body”
Insert after paragraph (a):(a1) is not a co-operative within the meaning of the Co-operatives National Law (NSW), and
[2] Section 3 (2), definition of “statutory body”
Omit “the Co-operatives Act 1992 or” from paragraph (b).
Explanatory note
The proposed amendments update references to a repealed Act.
Section 16 (5)
Omit “or is” where secondly occurring.
Explanatory note
The proposed amendment removes redundant words.
[1] Clause 15, Land use table
Omit “barbeque” from item 1 of the matter relating to Zone 6 (1). Insert instead “barbecue”.
[2] Dictionary, definition of “foreshore development”
Omit “barbeques”. Insert instead “barbecues”.
Explanatory note
The proposed amendments correct spelling errors.
Clause 6.3 (5) (a)
Omit “movent”. Insert instead “movement”.
Explanatory note
The proposed amendment corrects a spelling error.
Section 10 (1) (t)
Omit “Co-operatives Act 1992”. Insert instead “Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Schedule 2
Omit “Co-operatives Act 1992, section 381”.Insert instead “Co-operatives National Law (NSW), section 504 (and see section 11 of the Co-operatives (Adoption of National Law) Act 2012)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Schedule 5, Part 2, note
Omit the note.
Explanatory note
The proposed amendment removes a redundant note.
Schedule 1
Omit the matter relating to the Employment Agents Act 1996 and the Travel Agents Act 1986.
Explanatory note
The proposed amendment removes redundant matter.
Section 7 (2)
Omit “section 372 of the Co-operatives Act 1992”.Insert instead “section 492 of the Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Section 4 (3) (d) and clause 6 (1) (f) of Schedule 1A
Omit “Environment and Conservation” wherever occurring.Insert instead “Premier and Cabinet”.Explanatory noteThe proposed amendment updates references to a Department consequentially on the making of the Administrative Arrangements (Administrative Changes—Miscellaneous Agencies) Order 2014.
[1] Clauses 7 and 11 (1)
Omit “student member” wherever occurring. Insert instead “elected (student) member”.
[2] Schedule 1, clause 4 (1) (b)
Omit “a student member”. Insert instead “an elected (student) member”.
Explanatory note
The proposed amendments revise terminology.
Land Use Table, Zone B2, item 3
Omit “Information and education facilities;” and reinsert it in alphabetical order.
Explanatory note
The proposed amendment corrects alphabetical ordering.
[1] The whole Act
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1), definition of “Department”
Omit “Industry and Investment”.Insert instead “Trade and Investment, Regional Infrastructure and Services”.
[3] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
[1] The whole Regulation
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
[2] Clause 4, note
Omit “the Department of Industry and Investment (now the Department of Trade and Investment, Regional Infrastructure and Services)”.Insert instead “the Department of Trade and Investment, Regional Infrastructure and Services”.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
[1] The whole Act
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
[2] Section 4 (1), definition of “Department”
Omit “Industry and Investment”.Insert instead “Trade and Investment, Regional Infrastructure and Services”.
[3] Section 4 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
Schedule 1
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
Explanatory note
The proposed amendment updates terminology.
Dictionary, definition of “Wickham Redevelopment Area Map”
Omit the definition.
Explanatory note
The proposed amendment omits a redundant definition.
Clause 4.1A (5), definition of “resulting lot”
Omit “Rural” from paragraph (c). Insert instead “(Rural)”.
Explanatory note
The proposed amendment corrects a citation.
Section 5A (1) (c)
Omit “Co-operatives Act 1992”. Insert instead “Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Clause 168 (2) (c) (ii)
Insert “or Division 9 of Part 3.3 of the Co-operatives National Law (NSW)” after “1992”.
Explanatory note
The proposed amendment supplements a reference to a repealed Act (which refers to all or some of the immediately preceding 5 years).
Schedule 1, clause 23A (2) (p)
Omit “Warehousemen’s Liens Act 1935”. Insert instead “Storage Liens Act 1935”.
Explanatory note
The proposed amendment updates a reference to an Act proposed to be renamed in Schedule 1.
[1] The whole Act (except Schedule 1)
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1), definition of “Department”
Omit “Industry and Investment”.Insert instead “Trade and Investment, Regional Infrastructure and Services”.
[3] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
[4] Section 76 (4)
Omit “Director-General of National Parks and Wildlife”.Insert instead “Chief Executive of the Office of Environment and Heritage”.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
The whole Regulation
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
Explanatory note
The proposed amendment updates terminology.
[1] The whole Act
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Section 3 (1), definition of “Department”
Omit “Energy, Utilities and Sustainability”.Insert instead “Trade and Investment, Regional Infrastructure and Services”.
[3] Section 3 (1)
Omit the definition of Director-General. Insert in alphabetical order:Secretary means the Secretary of the Department.
Explanatory note
The proposed amendments update terminology and a reference to a Department.
[1] The whole Regulation
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
[2] Clause 3 (1), definitions of “Department” and “Director-General”
Omit the definitions.
Explanatory note
Item [1] of the proposed amendments updates terminology. Item [2] removes redundant definitions.
Clause 3 (1), definition of “Department”
Omit “Police and”.
Explanatory note
The proposed amendment updates a reference to a Department.
Schedule 3
Omit the matter relating to the Department of Police and Justice.Insert in appropriate order in Columns 1 and 2, respectively:
Explanatory note
The proposed amendment updates a reference to a Department and terminology.
[1] Sections 38 (2) (b) and (4) and 41 (1)
Omit “Co-operatives Act 1992” wherever occurring.Insert instead “Co-operatives National Law (NSW)”.
[2] Section 38 (2) (b)
Omit “societies”. Insert instead “co-operatives”.
Explanatory note
The proposed amendments update terminology and references to a repealed Act.
Section 3 (3) (c)
Omit the paragraph. Insert instead:(c) section 125 of the Co-operatives National Law (NSW), or
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Section 133
Omit “societies registered under the Co-operatives Act 1992”.Insert instead “co-operatives registered under the Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Schedule 5
Omit “Rule 286; Rule 2” from the matter relating to the Road Rules 2008.Insert instead “Rule 286; Rule 294”.
Explanatory note
The proposed amendment corrects a typographical error.
Land Use Table, Zone SP3, item 4
Omit “Wholesale supplies;”.
Explanatory note
The proposed amendment omits a duplicated entry.
[1] Clause 4.2B (3) (d) (iii)
Renumber clause 4.2B (3) (d) (ii) where secondly occurring as clause 4.2B (3) (d) (iii).
[2] Schedule 5, Part 1, Item no 112
Omit “(Lombardyc Poplar-9)”. Insert instead “(Lombardy Poplar-9)”.
Explanatory note
Item [1] of the proposed amendments corrects duplicated numbering. Item [2] corrects a spelling error.
Sections 32 (4) and 57 (6) (b)
Omit “Director-General of National Parks and Wildlife” wherever occurring.Insert instead “Chief Executive of the Office of Environment and Heritage”.
Explanatory note
The proposed amendment updates terminology.
Appendix 10, clause 6.8 (2) (c)
Omit “Special” wherever occurring.
Explanatory note
The proposed amendment corrects the name of a zone.
Schedule 6.1 [9]
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
Explanatory note
The proposed amendment updates terminology and is consequential on the amendments to the Petroleum (Onshore) Act 1991 proposed to be made in this Schedule.
[1] Section 3 (2), definition of “statutory body”
Insert after paragraph (a):(a1) a co-operative within the meaning of the Co-operatives National Law (NSW), or
[2] Section 3 (2), definition of “statutory body”
Omit “the Co-operatives Act 1992 or” from paragraph (b).
Explanatory note
The proposed amendments update references to a repealed Act.
Section 3 (1), definition of “public authority”
Omit paragraph (b). Insert instead:(b) a co-operative within the meaning of the Co-operatives National Law (NSW), or
Explanatory note
The proposed amendment updates a reference to a repealed Act.
The whole Regulation
Omit “Director-General” wherever occurring. Insert instead “Chief Executive”.
Explanatory note
The proposed amendment updates terminology (and is consequential on amendments proposed to be made to the Tattoo Parlours Act 2012 by Schedule 1).
Section 93T (2) (a) and (c)
Omit “a person” wherever occurring. Insert instead “an unauthorised person”.
Explanatory note
The proposed amendment inserts missing words.
Sections 3 (1) (paragraph (a) of the definition of “NSW rail access undertaking”) and 99C (1) and Schedules 6AA and 7
Omit “Trade Practices Act 1974” wherever occurring.Insert instead “Competition and Consumer Act 2010”.
Explanatory note
The proposed amendment updates references to a Commonwealth Act.
Clause 4
Omit “Warehousemen’s Liens Act 1935”. Insert instead “Storage Liens Act 1935”.
Explanatory note
The proposed amendment updates a reference to an Act proposed to be renamed in Schedule 1.
[1] Schedule 8, Part 1
Insert in Columns 1 and 3 respectively after the matter relating to the Co-operatives Act 1992:
[2] Schedule 10, Part 1
Insert after the matter relating to the Co-operatives Act 1992:Co-operatives (Adoption of National Law) Act 2012 and Co-operatives National Law (NSW)Application of other rules of courtThe provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to:(a) proceedings under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) commenced in the Supreme Court, and(b) applications made under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) in those proceedings.
Explanatory note
The proposed amendments supplement references to a repealed Act.
[1] Clause 6
Omit “society”. Insert instead “body”.
[2] Clause 6 (a)
Omit “Co-operatives Act 1992”. Insert instead “Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendments update terminology and a reference to a repealed Act.
[1] Land Use Table, Zone RU3, item 3
Omit “1916”. Insert instead “2012”.
[2] Land Use Table, Zone RU4, item 4
Omit “Correction centres”. Insert instead “Correctional centres”.
Explanatory note
Item [1] of the proposed amendments updates a citation. Item [2] corrects a typographical error.
Section 6 (4) (c)
Omit “itemized”. Insert instead “itemised”.
Explanatory note
The proposed amendment corrects spelling.
Dictionary, definition of “statutory body”
Omit “Co-operatives Act 1992” from paragraph (b).Insert instead “Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
[1] Schedule 1
Omit “Registered Map”.Insert instead “Plan Map” and relocate the definition so that it is in alphabetical order.
[2] Appendix 3
Omit “Registered Map”. Insert instead “Plan Map”.
Explanatory note
The proposed amendments update references to a map.
Appendix 5
Omit “Pox”. Insert instead “Box”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 5 (b)
Omit “co-operative society registered under the Co-operatives Act 1992”.Insert instead “co-operative registered under the Co-operatives National Law (NSW)”.
Explanatory note
The proposed amendment updates a reference to a repealed Act.
Schedule 15, Table 15.2
Omit “Crude oil in remote locations that meet” from item 3.Insert instead “Crude oil in remote locations that meets”.
Explanatory note
The proposed amendment corrects a grammatical error.
Schedule 2
Omit “(When this Plan was made this Schedule was blank)”.
Explanatory note
The proposed amendment removes redundant text.
Schedule 3 Repeals
1 Repeal of redundant Acts
The following Acts are repealed:
2 Repeal enabled by dissolution of Residual Business Management Corporation in Schedule 1
The Pacific Power (Dissolution) Act 2003 No 17 is repealed.Explanatory noteThe repeal of the Pacific Power (Dissolution) Act 2003 is enabled by the dissolution of the Residual Business Management Corporation (constituted under that Act) by proposed amendments to the Energy Services Corporations Act 1995 in Schedule 1.
3 Repeals enabled by amendments in Schedule 2
(1) The Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114 is repealed.(2) Clause 18 of the Co-operatives (New South Wales) Regulation 2014 is repealed.Explanatory noteThe repeal of the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 is enabled by the proposed transfer to the Environmental Planning and Assessment Amendment Act 2008 (by Schedule 2) of uncommenced provisions that are consequent on amendments contained in that Act.The repeal of clause 18 of the Co-operatives (New South Wales) Regulation 2014 (which generally provides for how references to the former Co-operatives Act 1992 and a regulation under that Act are to be construed in specified Acts and regulations) is enabled by direct amendments proposed to be made to those Acts and regulations in Schedule 2.
4 Amendment of Marine Safety Act 1998 No 121
(1) Schedule 2, Part 1 Omit “Navigation Act 1901 No 60”.(2) Schedule 3.7 [3], [5], [6] and [8] Omit the items.Explanatory noteThe proposed amendments repeal matter that is redundant because it relates to a repeal or amendments that have commenced.
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 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 any provision of an Act or instrument. The Act 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.