An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2017.
2 Commencement
(1) This Act commences 14 days after the date of assent to this Act, except as provided by this section.(2) The amendments made by the Schedules to this Act commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence in accordance with subsection (1).(3) Schedules 2 and 4 commence on 14 January 2018.
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Schedule 1 (Repealed)
sch 1: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.
Schedule 2 Amendments relating to online publication of notices
Section 35 Advertisements include information about licensee
Insert “, and whether in print or on a publicly accessible website” after “otherwise”.
[1] Section 66 Alteration of rules by board of directors
Omit section 66 (3). Insert instead:(3) The notice may, with the prior written approval of the Registrar, be given by advertisement published:(a) in a newspaper (whether published in print or on a publicly accessible website) having a circulation generally in the area in which the society operates, or(b) on a publicly accessible website that, in the opinion of the Registrar, is appropriate to cause the notice to come to the attention of persons in the area in which the society operates.
[2] Section 68 Power of Registrar to require modification of rules
Omit section 68 (5). Insert instead:(5) The notice may, with the prior written approval of the Registrar, be given by advertisement published:(a) in a newspaper (whether published in print or on a publicly accessible website) having a circulation generally in the area in which the society operates, or(b) on a publicly accessible website that, in the opinion of the Registrar, is appropriate to cause the notice to come to the attention of persons in the area in which the society operates.
[3] Section 69 Power of Registrar to modify rules to facilitate transfer of engagements
Omit section 69 (5). Insert instead:(5) The notice may, with the prior written approval of the Registrar, be given by advertisement published:(a) in a newspaper (whether published in print or on a publicly accessible website) having a circulation generally in the area in which the society operates, or(b) on a publicly accessible website that, in the opinion of the Registrar, is appropriate to cause the notice to come to the attention of persons in the area in which the society operates.
[4] Sections 112 (2) and 115 (4)
Omit “circulating” wherever occurring.Insert instead “(whether published in print or on a publicly accessible website) having a circulation”.
Section 21 Prohibition of the sale of unsafe electrical articles
Insert “(whether published in print or on a publicly accessible website)” after “newspapers” in section 21 (5).
Section 32 Schemes for transfer or amalgamation
Insert “(whether published in print or on a publicly accessible website)” after “newspapers” in section 32 (3) (b).
Section 133 Evidence of publication
Omit “newspaper office reply number” from section 133 (1) (b).Insert instead “email address”.
Schedule 3 (Repealed)
sch 3: Rep 1987 No 15, sec 30C.
Schedule 4 Amendments by way of statute law revision
Clause 5, Table
Omit “Roads and Maritime Services”.Insert instead “the Secretary of the Department of Finance, Services and Innovation”.
Explanatory note
The proposed amendment updates a reference as a consequence of the transfer of functions under the Tow Truck Industry Act 1998 from Roads and Maritime Services to the Secretary of the Department of Finance, Services and Innovation.
[1] Section 4 (1), paragraph (a) of definition of “private educational authority”
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
[2] Section 49ZYL (4)
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendments update references to a renamed Act.
Clause 15 (1) (b) (iii)
Omit “the Australian Racing Board”. Insert instead “Racing Australia Limited”.
Explanatory note
The proposed amendment updates a reference to a body consequent on a corporate merger.
Section 24 (1) (a3)
Omit “Department of Industry, Skills and Regional Development”.Insert instead “Department of Industry”.
Explanatory note
The proposed amendment updates the name of a Department.
Clauses 55 (2) and 61 (2) (a), notes
Omit “Note 2” wherever occurring. Insert instead “Note”.
Explanatory note
The proposed amendment corrects numbering.
Clause 17 (3), note
Omit “in such”. Insert instead “In such”.
Explanatory note
The proposed amendment corrects a grammatical error.
Section 27H (1) (a)
Omit “and”. Insert instead “or”.
Explanatory note
The proposed amendment makes a correction to bring the text into line with the decision of the Supreme Court of Queensland in Wilmar Sugar Pty Ltd v Burdekin District Cane Growers Ltd[2017] QSC 003.
Section 37 (7)
Omit “Chief Commissioner of Land Tax”.Insert instead “Chief Commissioner of State Revenue”.
Explanatory note
The proposed amendment updates a reference to a tax officer responsible for the administration of taxation laws.
Section 78 (6)
Omit “Commissioner for Land Tax”.Insert instead “Chief Commissioner of State Revenue”.
Explanatory note
The proposed amendment updates a reference to a tax officer responsible for the administration of taxation laws.
Section 82 (1)
Omit “refuse”. Insert instead “refuses”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 64 (3)
Omit “email, or by post”. Insert instead “email or by post”.
Explanatory note
The proposed amendment corrects punctuation.
[1] Schedule 3
Insert after paragraph (ad) in the matter relating to the Department of Finance, Services and Innovation:(ad1) the Tow Truck Industry Act 1998,
[2] Schedule 3
Omit paragraph (c) from the matter relating to Roads and Maritime Services.
Explanatory note
Items [1] and [2] update references as a consequence of the transfer of functions under the Tow Truck Industry Act 1998 from Roads and Maritime Services to the Secretary of the Department of Finance, Services and Innovation.
Clause 204, paragraph (b) of definition of “vehicle”
Insert instead “Road Transport (Vehicle Registration) Regulation 2017”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Clause 11 (2) (e)
Insert instead “Road Transport (Vehicle Registration) Regulation 2017”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Clause 32 (3), note
Omit “Department of Trade and Investment, Regional Infrastructure and Services”.Insert instead “Department of Planning and Environment”.
Explanatory note
The proposed amendment updates a reference to a Department.
Clause 3 (2)
Insert “(except in Schedule 2)” after “in this Regulation”.
Explanatory note
The proposed amendment clarifies the status of notes.
4.17
(Repealed)4.18 Fines Act 1996 No 99
[1] Section 19 (1) (b1)
Omit “and issue”. Insert instead “and serve”.
[2] Section 19 (1) (c)
Omit “issued”. Insert instead “served”.
[3] Section 37
Omit “or penalty reminder notice had not been issued”.Insert instead “had not been issued or penalty reminder notice had not been served”.
[4] Section 49 (8)
Omit “issue and”.
Explanatory note
The proposed amendments standardise terminology consequent on the enactment of the Fines Amendment (Electronic Penalty Notices) Act 2016.
[1] Clause 48 (2)
Renumber paragraphs (d) (where secondly occurring) and (e) as paragraphs (e) and (f), respectively.
[2] Schedule 1, clause 2 (1) (b)
Omit “Sate”. Insert instead “State”.
[3] Appendix 3
Insert “the” before “Floodway Network Map”.
Explanatory note
Item [1] of the proposed amendments corrects numbering. Items [2] and [3] correct typographical errors.
[1] Section 9B (5) (b)
Omit “State Debt Recovery Office”.Insert instead “Commissioner of Fines Administration”.
[2] Section 13A, definition of “Authority”
Omit “the Roads and Traffic Authority”.Insert instead “Roads and Maritime Services”.
[3] Section 13A, note to definition of “provisional licence period”
Insert instead “Road Transport (Driver Licensing) Regulation 2017”.
Explanatory note
Item [1] of the proposed amendments updates a reference consequent on the enactment of the Fines Amendment Act 2013. Item [2] updates a reference to a body consequent on the enactment of the Transport Legislation Amendment Act 2011. Item [3] updates a reference to a repealed regulation.
[1] Schedule 1.1 [3], note to inserted definition of “Australian registration law”
Insert instead “Road Transport (Vehicle Registration) Regulation 2017”.
[2] Schedule 2.1 [2], inserted section 79 (7A)
Omit “clause 124 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 of New South Wales”.Insert instead “rule 114 of the Light Vehicle Standards Rules (within the meaning of the Road Transport (Vehicle Registration) Regulation 2017 of New South Wales)”.
Explanatory note
The proposed amendments update references to a repealed regulation.
Section 123, paragraph (f) of definition of “rating or taxing authority”
Omit “Commissioner of Land Tax”.Insert instead “Chief Commissioner of State Revenue”.
Explanatory note
The proposed amendment updates a reference to a tax officer responsible for the administration of taxation laws.
Section 3 (1), paragraph (a) of definition of “prescribed premises”
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Clause 20 (2)
Renumber paragraphs (c), (d), (a), (e) and (b) as paragraphs (a)–(e), respectively.
Explanatory note
The proposed amendment corrects numbering.
[1] Part 3, Division 1, heading
Omit “and electricity costs determinations”.
[2] Part 3, Division 5, heading
Omit “and electricity costs determinations”.
[3] Section 14B
Omit the section.
[4] Section 17 (1)
Omit “or for the purposes of section 11 (3)”.
Explanatory note
The proposed amendments are consequent on the repeal of a redundant provision by the Statute Law (Miscellaneous Provisions) Act 2017.
Schedule 2
Omit “Royal Commission (Police Service) Act 1994, section 15”.
Explanatory note
The proposed amendment removes a reference to a repealed Act.
Section 555 (1) (f)
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
[1] Clause 1.3 (1), definition of “permit”
Insert instead “Marine Estate Management Regulation 2017”.
[2] Clauses 1.16 (3), 1.19 (3), 1.22 (3) and 1.25 (3A), notes
Omit “clause 29 of the Marine Estate Management Regulation 2009” wherever occurring.Insert instead “clause 27 of the Marine Estate Management Regulation 2017”.
Explanatory note
The proposed amendments update references to a repealed regulation.
Clause 20 (i) (ii)
Omit “clause 76J (2) of the Road Transport (Vehicle Registration) Regulation 2007”.Insert instead “clause 10 (2) of Schedule 4 to the Road Transport (Vehicle Registration) Regulation 2017”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Clause 35 (e)
Insert instead “Road Transport (Vehicle Registration) Regulation 2017”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Section 3 (1), definition of “station wagon”
Insert instead “Road Transport (Vehicle Registration) Regulation 2017”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Clause 10 (4)
Omit “Opal Card”. Insert instead “Opal card”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 36 (1)
Omit “of in Part 1”. Insert instead “in Part 1”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 83D (1)
Omit “by the Minister”.
Explanatory note
The proposed amendment omits redundant matter.
Section 19 (2), paragraph (b) of definition of “prescribed witness”
Omit the paragraph. Insert instead:(b) an Australian legal practitioner, or
Explanatory note
The proposed amendment updates terminology consequent on the enactment of the Legal Profession Uniform Law Application Act 2014.
Section 61 (1) (b) (ii)
Omit “corporate,”. Insert instead “corporate, or”.
Explanatory note
The proposed amendment inserts a missing conjunction.
[1] Schedule 14, clause 2 (a) and (b)
Omit “section 162 of the Strata Schemes Management Act 1996” wherever occurring.Insert instead “section 237 of the Strata Schemes Management Act 2015”.
[2] Schedule 14, clause 5
Omit “30” and “Strata Schemes Management Act 1996” wherever occurring.Insert instead “57 (1)” and “Strata Schemes Management Act 2015”, respectively.
Explanatory note
The proposed amendments update references to a repealed Act.
Schedule 2
Insert in alphabetical order:NSW TrainsResidual Transport CorporationSydney Trains
Explanatory note
The proposed amendment updates the Public Authorities (Financial Arrangements) Regulation 2013 to expressly include the names of certain transport entities that are deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Regulation.
[1] Schedule 1, clause 35
Insert instead “Strata Schemes Management Act 2015, the Strata Schemes Development Act 2015”.
[2] Schedule 1, clause 40
Insert instead “Strata Schemes Management Act 2015”.
Explanatory note
The proposed amendments update references to repealed Acts.
4.40
(Repealed)[1] Sections 3 (1) (definition of “Departmental website”) and 20 (a)
Omit “Department of Services, Technology and Administration” wherever occurring.Insert instead “Department of Finance, Services and Innovation”.
[2] Section 3 (1), definition of “Director-General”
Omit the definition. Insert in alphabetical order:Secretary means the Secretary of the Department of Finance, Services and Innovation.
[3] Whole Act (except Schedule 2 and where otherwise amended by this Subschedule)
Omit “Director-General” and “Director-General’s” wherever occurring.Insert instead “Secretary” and “Secretary’s”, respectively.
Explanatory note
The proposed amendments update references as a consequence of past administrative changes orders.
Clause 83 (h)
Insert after clause 83 (g):(h) Sydney Trains.
Explanatory note
The proposed amendment updates the Roads Regulation 2008 to expressly include the name of a transport entity that is deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Regulation.
Section 101, paragraph (b) of definition of “rural fire brigade expenditure”
Omit “and”.
Explanatory note
The proposed amendment omits a redundant word.
Section 22 (1)
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Section 4 (1), definition of “school”
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Clause 9 (1) (i) and (j)
Insert after clause 9 (1) (h):(i) NSW Trains,(j) Sydney Trains.
Explanatory note
The proposed amendment updates the State Authorities Superannuation (Transport Officers’ Gratuity Scheme Transfer) (Savings and Transitional) Regulation 1989 to expressly include the names of certain transport entities that are deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Regulation.
[1] Clause 4 (1)
Insert in alphabetical order:NSW Trains means NSW Trains constituted under the Transport Administration Act 1988.Sydney Trains means Sydney Trains constituted under the Transport Administration Act 1988.TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Clauses 12 (c) and 16 (1) (a)
Insert “, NSW Trains, Sydney Trains or TfNSW” after “RailCorp” wherever occurring.
[3] Clause 33 (1)
Omit “or RailCorp”. Insert instead “, RailCorp, NSW Trains, Sydney Trains or TfNSW”.
Explanatory note
The proposed amendments update State Environmental Planning Policy No 64—Advertising and Signage to expressly include the names of certain transport entities that are deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Policy.
Clause 5 (2)
Omit “that this”. Insert instead “that is”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Section 128 (1)
Omit “in the office of the Registrar-General”. Insert instead “with the Registrar-General”.
[2] Section 236 (5)
Omit “a a”. Insert instead “a”.
[3] Section 236 (7)
Omit “in the Registrar-General’s office”. Insert instead “with the Registrar-General”.
Explanatory note
Items [1] and [3] of the proposed amendments update terminology consequent on the enactment of the Land and Property Information NSW (Authorised Transaction) Act 2016. Item [2] omits a redundant word.
Section 3 (1), paragraph (a) of definition of “school”
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Section 9B (1) (a)
Omit “in the office of the Registrar-General”. Insert instead “with the Registrar-General”.
Explanatory note
The proposed amendment updates terminology consequent on the enactment of the Land and Property Information NSW (Authorised Transaction) Act 2016.
Schedule 2, Part 1, item 11
Omit “Education Reform Act 1990”. Insert instead “Education Act 1990”.
Explanatory note
The proposed amendment updates a reference to a renamed Act.
Section 13 (2)
Omit “the Australian Racing Board”. Insert instead “Racing Australia Limited”.
Explanatory note
The proposed amendment updates a reference to a body consequent on a corporate merger.
Section 14E (1) (b)
Omit “Chief Commissioner for Land Tax”.Insert instead “Chief Commissioner of State Revenue”.
Explanatory note
The proposed amendment updates a reference to a tax officer responsible for the administration of taxation laws.
Schedule 1
Omit “Coleambally Irrigation Limited”.Insert instead “Coleambally Irrigation Co-operative Limited”.
Explanatory note
The proposed amendment corrects a reference to the name of a corporation.
Clause 27
Insert after “Rail Corporation New South Wales”:NSW TrainsSydney TrainsResidual Transport Corporation
Explanatory note
The proposed amendment updates the Water (Part 2—General) Regulation 1997 to expressly include the names of certain transport entities that are deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Regulation.
Clause 8
Insert after “Rail Corporation New South Wales”:NSW TrainsSydney TrainsResidual Transport Corporation
Explanatory note
The proposed amendment updates the Water (Part 5—Bore Licenses) Regulation 1995 to expressly include the names of certain transport entities that are deemed, by clause 1 of Schedule 2 to the Transport Administration (General) Regulation 2013, to be included in that Regulation.
Clause 56 (5A)
Omit “Table B” wherever occurring. Insert instead “Table C”.
Explanatory note
The proposed amendment corrects a cross-reference.
Clause 62
Renumber subclause (3) as subclause (2).
Explanatory note
The proposed amendment corrects numbering.
[1] Clauses 27, 30 and 32, notes
Omit “licenced” wherever occurring. Insert instead “licensed”.
[2] Clause 31
Omit “that,”. Insert instead “that”.
[3] Clauses 39 (6) (a) and 70 (3)
Omit “licenced” wherever occurring. Insert instead “licensed”.
[4] Clause 44 (6)
Omit “subclause 3 (a)”. Insert instead “subclause (3) (a)”.
Explanatory note
Items [1] and [3] of the proposed amendments correct a spelling error. Items [2] and [4] correct typographical errors.
[1] Clause 43 (10)
Omit “does”. Insert instead “do”.
[2] Schedule 1
Omit “be from”. Insert instead “be taken from”.
Explanatory note
Item [1] of the proposed amendments correct a grammatical error. Item [2] inserts a missing word.
sch 4: Am 1987 No 15, sec 30C.
Schedule 5 (Repealed)
sch 5: Rep 1987 No 15, sec 30C.
Schedule 6 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 4 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 4 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 an amendment made by the proposed Act to a repealing or amending provision of an Act or instrument will (if the repealing or amending provision commences before the amendment made by the proposed Act) be taken to have commenced on the date the repealing or amending provision commences.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:(a) amends a provision of an Act or an instrument, orany act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,Explanatory noteThis clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Effect of amendment on instruments
Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.Explanatory noteThis clause ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.
4 Revocation of repeal
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments, or provisions of Acts or instruments, by this Act.Explanatory noteThe effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act or instrument, or any provision of any Act or instrument, by the proposed Act. 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 relating to incidental matters arising out of the proposed Act.