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 2020.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.(2) The amendments made by Schedules 1 and 2 to this Act commence on the day or days specified in the relevant Schedule in relation to the amendment concerned.(3) However, if a commencement day is not specified in Schedule 1 or 2 in relation to an amendment in the Schedule concerned, the amendment commences on 11 December 2020.(4) The amendments made by Schedule 4 commence on 22 January 2021.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules to this Act does not form part of this Act.
Schedule 1 Minor amendments
Section 61
Omit the section. Insert instead—61 Service of noticesA notice that the Secretary is required or permitted by or under this Act to cause to be served on a person may be served in the following ways—(a) personally,(b) by means of a letter addressed to the person at the person’s address last known to the Secretary,(c) by email to an email address specified by the person for the service of notices of that kind.
Explanatory note
The proposed amendment enables the service of notices on persons to be effected by email.
Section 14A Annual holidays for local council workers
Omit section 14A(1)(a). Insert instead—(a) applies to a worker who is an employee of any of the following under the Local Government Act 1993—(i) a council,(ii) a county council,(iii) a joint organisation, and
Explanatory note
The proposed amendment extends section 14A of the Annual Holidays Act 1944 (which allows a local council and an employee of the local council to agree to the employee receiving a payment in lieu of annual holidays, or taking annual holidays at double or half pay) to county councils and joint organisations and their employees. Treating employee leave entitlements consistently across these entities recognises that county councils and joint organisations are created to allow councils to work together to deliver services and that employees often transfer between these entities.
Section 3C Australian Defence Force representative
Insert after section 3C(3)—(3A) If, during the Australian Defence Force representative’s term of office as a trustee, the person appointed as the representative ceases to hold a position mentioned in subsection (2) but continues to hold a position in the Australian Defence Force of the same or equivalent, or higher, rank—(a) the person’s appointment as Australian Defence Force representative and as a trustee continues in effect, but(b) the person is not eligible for re-appointment unless the person returns to a position mentioned in subsection (2).
Explanatory note
The proposed amendment makes it clear that the appointment of a person as the Australian Defence Force representative and as a trustee for the purposes of the Anzac Memorial (Building) Act 1923 is not affected by a change in the position held by the person during the person’s term of office as a trustee.
Sections 11(6)(b), 61A(3)(b), 74(4)(b), 76(5)(b) and 80(4)(b)
Insert “, or related to,” after “used by” wherever occurring.
Explanatory note
The proposed amendment enables the Secretary to send notice of the following to an address or email address related to an association if the Secretary suspects that the association’s official address is no longer in use—
(a) a proposed certificate to wind up the association,
(b) a proposed cancellation of the association’s registration,
(c) the cancellation of the association’s registration as a consequence of the transfer of its incorporation to a corresponding law.
It may be necessary to send notice to a related address or email address if the association is not in operation and does not have an address or email address in use.
Schedule 1 Amendments
Omit paragraph (a) of the definition of competent person in Schedule 1.10[9].Insert instead—(a) a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW), but only if the health practitioner is registered under Division 1 or 2 of Part 7 of that Law,
Explanatory note
The proposed amendment will provide that a person is a competent person for the purposes making a declaration relating to a domestic violence termination notice under Division 3A of Part 5 of the Residential Tenancies Act 2010 if the person is a registered health practitioner, within the meaning of the Health Practitioner Regulation National Law (NSW), but only if the health practitioner is registered under Division 1 or 2 of Part 7 of that Law.
[1] Section 11 Due date for payment
Insert “(other than an exempt residential construction contract)” after “construction contract” in section 11(1A).
[2] Section 35 Regulations
Insert at the end of section 35(4)(b)—, and(c) apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time.
Commencement
Item [1] of the proposed amendments to the Building and Construction Industry Security of Payment Act 1999 commences on 1 March 2021.
Explanatory note
Item [1] of the proposed amendments makes it clear that the requirement for a progress payment under a construction contract, which is required to be paid by a principal to a head contractor no later than 15 business days after a payment claim is made, does not apply to an exempt residential construction contract.
Item [2] enables the regulations to apply, adopt or incorporate any publication as in force at a particular time or as in force from time to time. This allows for updates to the Continuing Professional Development Guidelines for Adjudicators (CPD Guidelines) and ensures that continuing professional development requirements, as informed by the CPD Guidelines, remain relevant for adjudicators.
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “Director” and “Director’s” wherever occurring.Insert instead “Chief Executive” and “Chief Executive’s”, respectively.
[2] Section 4 Definitions
Omit the definition of Director from section 4(1). Insert instead—Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Centennial Park and Moore Park Trust.
[3] Schedule 2 Transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2020References to Director to be construed as Chief Executive(1) In any document, a reference to the Director of Centennial Park and Moore Park is to be construed as a reference to the Chief Executive of the Centennial Park and Moore Park Trust.(2) In this clause—document means any Act or statutory or other instrument, or any contract or agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the “Director” with a definition of, and references to, the “Chief Executive”, which reflects the new title of that position with the Centennial Park and Moore Park Trust.
Item [3] makes a consequential amendment.
[1] Whole Regulation
Omit “Director” and “Director’s” wherever occurring.Insert instead “Chief Executive” and “Chief Executive’s”, respectively.
Explanatory note
Item [1] of the proposed amendments replaces references to “Director” with “Chief Executive”, which reflects the new title of that position with the Centennial Park and Moore Park Trust.
[1] Section 18 Meaning of “reportable allegation”
Insert after section 18(2)—(2A) Reportable allegation, in relation to an employee of a religious body, means an allegation that the employee has engaged in conduct that may be reportable conduct, whether or not the conduct is alleged to have occurred in the course of the employee’s engagement with the religious body.
[2] Section 19 Meaning of “reportable conviction”
Insert at the end of section 19(1)(b)(ii)—, or(c) in relation to an employee of a religious body—whether or not the conduct occurred in the course of the employee’s engagement with the religious body.
[3] Schedule 4 Savings, transitional and other provisions
Omit “1 March 2021” from clause 2(3). Insert instead “1 September 2021”.
Explanatory note
Items [1] and [2] of the proposed amendments transfer the definitions of reportable allegation and reportable conviction in relation to employees of religious bodies for the purposes of the reportable conduct scheme from the Children’s Guardian (Transitional) Regulation 2020 to the Children’s Guardian Act 2019. The transitional provision is omitted by Schedule 1.10 to this Act.
Item [3] extends a transitional arrangement that provides for certain provisions of regulations made under the Adoption Act 2000, the Children and Young Persons (Care and Protection) Act 1998, the Community Services (Complaints, Reviews and Monitoring) Act 1993 and the Ombudsman Act 1974 to continue in force despite the commencement of the Children’s Guardian Act 2019 or a regulation under that Act. The provisions of the regulations are to be read as regulations made under the Children’s Guardian Act 2019, with the necessary modifications.
Clause 8 Definitions relating to religious bodies
Omit the clause.
Explanatory note
The proposed amendment omits a transitional provision that extends the definitions of “reportable allegation” and “reportable conviction” to employees of religious bodies for the purposes of the reportable conduct scheme. The definitions are transferred to the Children’s Guardian Act 2019 by Schedule 1.9 to this Act.
[1] Section 92A Penalty notices
Omit “serve a penalty notice on” from section 92A(1).Insert instead “issue a penalty notice to”.
[2] Section 92A(2) and (3)
Omit section 92A(2)–(5). Insert instead—(2) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.
[3] Section 92A(5A)
Omit “Despite subsection (4), an”. Insert instead “An”.
[4] Section 92A(5A) and (5B)
Omit “served” wherever occurring. Insert instead “issued”.
[5] Section 92A(5B)(c)
Omit “on whom”. Insert instead “to whom”.
[6] Section 92A(6), (7) and (9)
Omit the subsections.
Explanatory note
Item [2] of the proposed amendments updates a penalty notice provision to make it consistent with similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the Contaminated Land Management Act 1997.
Items [1], [4] and [5] update terminology. Item [6] removes provisions that are no longer necessary because of the application of the Fines Act 1996 to penalty notices issued under the Contaminated Land Management Act 1997. Item [3] makes a consequential amendment.
Section 25
Insert after section 24—25 Investigators under Fair Trading Act 1987 taken to be inspectorsA person appointed as an investigator under section 18 of the Fair Trading Act 1987 is taken to have been appointed as an inspector under section 492 of the Co-operatives National Law (NSW).
Explanatory note
The proposed amendment provides that an investigator appointed under section 18 of the Fair Trading Act 1987 is taken to have been appointed as an inspector for the purposes of the Co-operatives National Law (NSW).
[1] Section 83B Financial and other assistance in respect of non-government school children
Omit section 83B(6). Insert instead—(6) Any financial assistance in respect of non-government school children may be paid—(a) directly to the school that the children attend, or(b) to any of the following for the benefit of that school—(i) a system of non-government schools,(ii) an approved system authority within the meaning of the Australian Education Act 2013 of the Commonwealth,(iii) a person or body approved by the Minister for the purposes of this section.
[2] Section 83J Recovery of amounts from schools
Omit “and any system of non-government schools” from section 83J(4).Insert instead “and any system, authority, person or body referred to in section 83B(6)(b)”.
Explanatory note
Item [1] of the proposed amendments provides that financial assistance for non-government school children may be paid to an approved system authority, within the meaning of the Australian Education Act 2013 of the Commonwealth, or to a person or body approved by the Minister for Education and Early Childhood Learning for the purposes of the provision, as alternatives to paying the assistance directly to the school or to a system of non-government schools, as is currently the case.
Item [2] is a consequential amendment to allow the Minister to recover financial assistance paid to or for the benefit of a non-compliant school from an approved system authority, person or body.
Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule—Part 4 Provision consequent on postponement of September 2020 local government elections20 COVID-19 postponed local government electionsTo avoid doubt, for the purposes of sections 28 and 31A of this Act, the local government elections to be held on 4 September 2021 are taken to be ordinary elections of councillors under section 287(1) of the Local Government Act 1993.
Explanatory note
The proposed amendment to the Electoral Funding Act 2018 makes it clear that the September 2021 local government elections, being the elections postponed from September 2020 under Part 6A of Chapter 10 of the Local Government Act 1993, are ordinary elections of councillors subject to the provisions of the Electoral Funding Act 2018 relating to caps on electoral expenditure for local government election campaigns.
[1] Section 5 Definitions
Omit the definition of licensing standard from section 5(1).
[2] Section 24 Certain animals may be displayed only with permit
Omit “that animal”. Insert instead “animals of that species”.
[3] Section 25 Issue of permits
Omit “an animal” and “the animal” from section 25(1).Insert instead “animals” and “animals of that species”, respectively.
[4] Section 25(3)
Omit “the animal or animals specified or described in the permit”.Insert instead “an animal or animals of the species specified in the permit”.
[5] Schedule 3, heading
Omit the heading. Insert instead—Schedule 3 Standards
Explanatory note
Item [1] of the proposed amendments makes it clear that standards may be prescribed in respect of animal display establishments of any class and not only those animal display establishments of a class that is required to be licensed.
Items [2]–[4] clarify that a permit for the exhibition of animals authorises a person to exhibit 1 or more animals of a particular species.
Item [5] reflects that standards may also be prescribed in respect of matters other than licensing.
Section 19 Powers of entry
Insert “the investigator believes, on reasonable grounds,” before “do not comply with a safety standard” in section 19(3)(c1)(i).
Explanatory note
The proposed amendment makes it clear that an investigator may seize, detain or remove consumer goods if the investigator believes, on reasonable grounds, that the goods do not comply with a safety standard.
[1] Section 40 Regulations relating to general management of fisheries
Insert after section 40(2)(k)—(k1) the gathering or collection of marine vegetation, including the prohibition of the gathering or collection of marine vegetation for commercial purposes except under the authority of a permit,
[2] Section 191 Regulations
Omit section 191(c).
[3] Section 204B Marine vegetation protected from any commercial harvesting
Omit “191” from the note to the section. Insert instead “40(2)(k1)”.
[4] Section 205 Marine vegetation—regulation of harm
Insert after section 205(2)—(3) In this section—mangrove includes any of the following species of vegetation—(a) Acrostichum speciosum (Mangrove Fern),(b) Aegiceras corniculatum (River Mangrove),(c) Avicennia marina (Grey Mangrove),(d) Bruguiera gymnorhiza (Large Leaf Mangrove),(e) Excoecaria agallocha (Milky Mangrove),(f) Rhizophora stylosa (Stilted Mangrove).seagrass includes any of the following species of vegetation—(a) Halodule uninervis (Halodule),(b) Halodule tridentate (Halodule),(c) Ruppia maritime (Ruppia),(d) Ruppia megacarpa (Ruppia),(e) Ruppia polycarpa (Ruppia),(f) Halophila ovalis (Paddle Weed),(g) Halophila decipiens (Paddle Weed),(h) Halophila spinulosa (Paddle Weed),(i) Hetrozostera nigricaulis (Eel Grass),(j) Posidonia australis (Strap Weed),(k) Zostera capricorni (Eel Grass),(l) Zostera muelleri subsp. capricorni (Eel Grass),(m) Zostera muelleri subsp. muelleri (Eel Grass).
Explanatory note
Items [1] and [2] relocate the regulation-making power relating to the gathering or collection of marine vegetation, which is not an aquaculture related activity, from the part of the Fisheries Management Act 1994 relating to aquaculture management to the part relating to general fisheries management. Item [3] makes a consequential amendment.
Item [4] defines particular species of mangroves and seagrasses that a person must not harm in a protected area without a permit.
[1] Clause 63 Permit required to gather marine vegetation for commercial purposes
Omit the clause.
[2] Schedule 3 Fees, charges and contributions
Omit item 26.
Explanatory note
The proposed amendments are consequent on a proposed amendment to the Fisheries Management Act 1994 in Schedule 1.17 to this Act that relocates the regulation-making power relating to the gathering or collection of marine vegetation within that Act.
[1] Clause 98A
Insert after clause 98—98A Permit required to gather marine vegetation for commercial purposes(1) A person must not gather marine vegetation for a commercial purpose from any area of public water land except under the authority of a permit issued by the Minister under this clause.Maximum penalty—50 penalty units.(2) A permit applies to the gathering of marine vegetation only in the area specified in the permit.(3) A permit is not required for the gathering of marine vegetation in accordance with an aquaculture permit or a permit under Part 7 of the Act.(4) A permit may apply to marine vegetation generally or to a particular class of marine vegetation specified in the permit.(5) An application for a permit, or the renewal of a permit, is to be made in writing to the Minister in the form approved by the Minister and must be accompanied by the fee specified in Schedule 6.(6) If a person duly makes an application for a permit, the Minister may issue, or may refuse to issue, a permit.(7) A permit remains in force, unless sooner cancelled or suspended by the Minister, until the expiration of the period specified in the permit.(8) A permit is subject to the following conditions and any further conditions attached to the permit by the Minister—(a) marine vegetation must not be gathered from any area if commercial fishing is taking place in the area unless, at the time the commercial fishing commenced in that area, marine vegetation was being gathered from the area in accordance with the permit,(b) marine vegetation must not be gathered from any land that is held under any title granted by the Crown,(c) marine vegetation must not be gathered from any marked navigation channel,(d) marine vegetation must not be gathered from any area in which a public work is being carried out.(9) The Minister may, from time to time, by notice given to the permit holder, vary the further conditions of a permit.(10) Any permit issued under clause 63 of the Fisheries Management (Aquaculture) Regulation 2017 and in force immediately before the commencement of this clause is taken to have been issued under this clause.(11) In this clause, gather includes collect.
[2] Schedule 6 Fees
Insert after item 7—
Explanatory note
The proposed amendments are consequent on proposed amendments to the Fisheries Management Act 1994 in Schedule 1.17 to this Act that relocate the regulation-making power relating to the gathering or collection of marine vegetation within that Act. The provisions inserted by the amendments are currently located in the Fisheries Management (Aquaculture) Regulation 2017.
Schedule 1 Public Service agencies
Omit “Western City and Aerotropolis Authority” wherever occurring in Part 2.Insert instead “Western Parkland City Authority”.
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
Section 3A Special provisions relating to Infrastructure NSW
Omit section 3A(2). Insert instead—(2) The growth centre in respect of which Infrastructure NSW is taken to be constituted for the purposes of the relevant provisions is the following land—(a) the land identified as a potential urban renewal precinct on the State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map under State Environmental Planning Policy (Urban Renewal) 2010 as in force immediately before 1 July 2019,(b) the land identified by yellow shading on the map entitled “Cooks Cove growth centre”, dated 1 September 2020 and published on Infrastructure NSW’s website,(c) the land outlined in red on the map entitled “The Bays Growth Centre”, dated 1 September 2020 and published on Infrastructure NSW’s website.Note—The UrbanGrowth NSW Development Corporation was the development corporation for the land specified by this subsection immediately before its dissolution by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019.
Explanatory note
The proposed amendment updates references to the lands for which Infrastructure NSW is able to exercise functions as a development corporation. Infrastructure NSW is taken to be a development corporation for growth centres that were previously administered by the UrbanGrowth NSW Development Corporation before its dissolution.
[1] Section 21 Delegation
Omit section 21(12)(a).
[2] Section 23 Specially privileged information
Omit “(1) or” from section 23(1).
Explanatory note
Item [1] of the proposed amendments will enable the Minister for Health and Medical Research to delegate the power to give an approval for the disclosure of information obtained in connection with the conduct of research or investigations into morbidity or mortality occurring within New South Wales. Item [2] omits a reference to a repealed provision.
[1] Section 42 Service of documents
Omit section 42(1)(a)(iii). Insert instead—(iii) sending it by email to an email address specified by the person for the service of documents of that kind, or
[2] Section 42(1)(b)(ii)
Omit the subparagraph. Insert instead—(ii) sending it by email to an email address specified by the body corporate for the service of documents of that kind.
Explanatory note
The proposed amendments enable the service of documents on persons, including bodies corporate, to be effected by email.
[1] Section 62, heading
Omit the heading. Insert instead—62 Process for determination of application
[2] Section 62(2)
Insert at the end of the section—(2) The regulations may make further provision with respect to the process for determining an application.
[3] Section 65 Effect of failure to make determination
Insert after section 65(3)—(4) The regulations may prescribe periods of time that are not to be taken into account in calculating the expiration of the periods referred to in subsection (1) in circumstances where the approval body has requested the applicant to provide it with additional information relating to the application.
Explanatory note
Item [2] of the proposed amendments enables the regulations to expand on the process for determining applications including, for example, by allowing the approval body to ask the applicant for more information about the application to help it make a determination. Item [1] makes a consequential amendment.
Item [3] enables regulations to be made to provide that, if the approval body has asked an applicant to provide more information, the passage of the 40- or 60-day period in which a determination must be made may be suspended for a prescribed period.
Appendix NSW Ministerial Code of Conduct
Insert after Part 3 in the Schedule to the NSW Ministerial Code of Conduct—Part 3A Commissions from property developersNote—This Part also applies to Parliamentary Secretaries, and a reference to a Minister in this Part includes a reference to a Parliamentary Secretary.16A Commissions from property developers(1) A Minister must not accept or seek payment of a commission from a property developer, either directly or through a third party.(2) In this clause—property developer means a property developer within the meaning of Part 2, Division 7 of the Electoral Funding Act 2018.
[1] Section 209 Service of documents
Omit section 209(2)(a)(iii). Insert instead—(iii) sending it by email to an email address specified by the person for the service of documents of that kind, or
[2] Section 209(2)(b)(ii)
Omit the subparagraph. Insert instead—(ii) sending it by email to an email address specified by the body corporate for the service of documents of that kind.
[3] Schedule 5A Allowable activities clearing of native vegetation
Omit “Chief Environmental Regulator of the” from clause 17(3)(b).
Explanatory note
Items [1] and [2] enable the service of documents on persons (including bodies corporate) to be effected by email.
Item [3] removes a redundant reference to the Chief Environmental Regulator, which no longer exists.
[1] Section 7 Establishment of Marine Estate Management Authority
Omit section 7(2)(c) and (d). Insert instead—(c) a Public Service senior executive principally involved in the administration of the Biodiversity Conservation Act 2016 and who is designated by the Secretary of the Department of Planning, Industry and Environment, and(d) a Public Service senior executive principally involved in the administration of the Environmental Planning and Assessment Act 1979 and who is designated by the Secretary of the Department of Planning, Industry and Environment, and
[2] Section 7(4)
Insert after section 7(3)—(4) For the purposes of this clause—Public Service senior executive has the meaning given by the Government Sector Employment Act 2013, Part 4, Division 4.
Explanatory note
The proposed amendments enable the Secretary of the Department of Planning, Industry and Environment to designate appropriate senior executive public servants as members of the Marine Estate Management Authority.
Section 5 Vacation of office
Omit section 5(2).
Explanatory note
The proposed amendment removes the requirement for a trustee of the Museum of Applied Arts and Sciences to be under 70 years of age.
[1] Section 8A, heading
Omit the heading. Insert instead—8A Deputy Ombudsman—functions
[2] Section 8A(1)(a)
Omit “9,”.
[3] Section 8A(2)
Omit the subsection.
[4] Section 9 Special officers
Omit section 9.
[5] Section 10 Delegation
Omit “a special officer” from section 10(1).Insert instead “an Assistant Ombudsman or an officer”.
[6] Section 10(2)(b)
Omit “9,”.
[7] Section 10(2A)(a)
Insert “, 28” after “26”.
[8] Section 10(2A)(b)
Omit “a special officer”. Insert instead “an officer”.
[9] Section 15 Reasons for refusal to conciliate, investigate or continue to investigate
Omit section 15(2). Insert instead—(2) However, if the complaint was made orally, the Ombudsman may inform the complainant orally of the Ombudsman’s decision and the reasons for the decision unless the complainant asks to be informed of the Ombudsman’s reason in writing.(2A) Subsection (2) does not prevent the Ombudsman from informing the complainant in writing of the Ombudsman’s decision and the reasons for the decision in relation to a complaint made orally if the Ombudsman is satisfied that it is appropriate to do so in the circumstances.
[10] Section 32 Staff
Omit section 32(4). Insert instead—(4) While a police officer is an officer of the Ombudsman by reason of the services of the police officer being made use of under subsection (2), the police officer retains rank, seniority and remuneration as a police officer and may continue to act as a constable.
[11] Section 37 Offences
Omit section 37(2)(d).
[12] Section 37(2)(f)
Omit “or special officer”.
Explanatory note
Item [4] of the proposed amendments omits a provision that allows the Ombudsman to appoint an officer of the Ombudsman to be a special officer, to whom the Ombudsman can delegate functions. The provision is unnecessary as, in practice, the Ombudsman delegates functions to the Assistant Ombudsman, who is deemed a special officer under section 8A(2), and officers of the Ombudsman, any of whom can be appointed a special officer. The role of special officer inserts an unnecessary bureaucratic step in the process of creating delegations and has no other purpose under the Ombudsman Act 1974. Items [1]–[3], [5]–[8] and [10]–[12] make consequential amendments.
Item [9] of the proposed amendments enables the Ombudsman to orally inform a complainant about the Ombudsman’s decision in relation to a complaint if the complaint was made orally, unless the complainant asks the Ombudsman to inform the complaint in writing. The proposed amendment also makes it clear that the Ombudsman may inform the complainant about the decision in writing if the Ombudsman considers it appropriate in the circumstances.
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “Director” and “Director’s” wherever occurring.Insert instead “Chief Executive” and “Chief Executive’s”, respectively.
[2] Section 3 Definitions
Omit the definition of Director from section 3(1). Insert instead—Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Parramatta Park Trust.
[3] Schedule 4 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2020References to Director to be construed as Chief Executive(1) In any document, a reference to the Director of Parramatta Park is to be construed as a reference to the Chief Executive of the Parramatta Park Trust.(2) In this clause—document means any Act or statutory or other instrument, or any contract or agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the “Director” with a definition of, and references to, the “Chief Executive”. This amendment reflects the new title of that position with the Parramatta Park Trust.
Item [3] makes a consequential amendment.
[1] Sections 75, 77 and 78
Omit the sections.
[2] Section 76, heading
Omit the heading. Insert instead—76 Penalty notices
[3] Section 76(1)
Omit “serve a penalty notice on”. Insert instead “issue a penalty notice to”.
[4] Section 76(2)–(5)
Omit section 76(2) and (3). Insert instead—(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding $1,500 or the maximum amount of penalty that could be imposed for the offence by a court.(5) In addition to any manner of issuing a penalty notice provided for by the Fines Act 1996, a penalty notice may be issued under this section by leaving the notice on a vehicle or at premises in respect of which the offence was committed.
[5] Section 79 Withdrawal of penalty notice
Omit “served” wherever occurring. Insert instead “issued”.
[6] Section 79(2)(c)
Omit “on whom”. Insert instead “to whom”.
[7] Section 80 Effect on other provisions
Insert “any other provision of, or made under,” after “operation of”.
Explanatory note
Item [4] of the proposed amendments updates a penalty notice provision to make it consistent with similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the Pesticides Act 1999 and enables a penalty notice to be issued by leaving it on a vehicle or at premises (in addition to being issued personally or by post as provided for by the Fines Act 1996).
Items [2], [3] and [5]–[7] are consequential amendments that update terminology. Item [1] removes provisions that are no longer necessary because of the application of the Fines Act 1996 to penalty notices issued under the Pesticides Act 1999.
[1] Clause 59 Penalty notices
Omit the clause.
[2] Schedule 3 Penalty notice offences
Omit “(Clause 59)”.
[3] Schedule 3, clause 1
Omit—For the purposes of section 75 (1) of the Act—(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.Insert instead—1 Application of Schedule(1) For the purposes of section 76 of the Act—(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.
Explanatory note
Item [3] of the proposed amendments updates the Schedule to the Regulation containing penalty notice offences in line with standard provisions relating to penalty notices. Item [1] omits a redundant clause. Item [2] makes a consequential amendment.
[1] Section 8 Animals to be provided with food, drink or shelter
Omit “and the Department” from section 8(4).
[2] Section 29C Court may make order regarding care of animals
Omit “or the Department” from section 29C(3)(a).
Explanatory note
Item [1] of the proposed amendments removes the requirement for the prosecution to obtain advice from both Local Land Services and Regional NSW about the state of a stock animal and the appropriate care for it before commencing proceedings for an offence of failing to provide the animal with food, drink or shelter. Instead, the prosecution will only be required to obtain advice from Local Land Services.
Item [2] removes the requirement for an officer under the Prevention of Cruelty to Animals Act 1979 to obtain advice about the appropriate care of livestock from Local Land Services or Regional NSW before applying for a court order for the immediate maintenance and care of the animal. Instead, the officer will only be required to obtain advice from Local Land Services.
Section 211 Fraudulent conversion and false accounts of money received by licensee or registered person
Omit “jury are” from section 211(5). Insert instead “trier of fact is”.
Explanatory note
The proposed amendment corrects a reference to the “jury” to recognise that proceedings for an offence under the section may be conducted before a single judge in the absence of a jury.
[1] Sections 222, 223, 225 and 227
Omit the sections.
[2] Section 224, heading
Omit the heading. Insert instead—224 Penalty notices
[3] Section 224(1)
Omit “serve a penalty notice on”. Insert instead “issue a penalty notice to”.
[4] Section 224(2)–(5)
Omit section 224(2) and (3). Insert instead—(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.(5) In addition to any manner of issuing a penalty notice provided for by the Fines Act 1996, a penalty notice may be issued under this section by leaving the notice on a vehicle or at premises in respect of which the offence was committed.
[5] Section 228 Withdrawal of penalty notice
Omit “served” wherever occurring. Insert instead “issued”.
[6] Section 228(2)(c)
Omit “on whom”. Insert instead “to whom”.
[7] Section 229 Effect on other provisions
Insert “any other provision of, or made under,” after “operation of”.
[8] Dictionary
Omit “section 223 (What is a penalty notice?)” from the definition of penalty notice.Insert instead “section 224”.
Explanatory note
Item [4] of the proposed amendments updates a penalty notice provision to make it consistent with similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the Protection of the Environment Operations Act 1997 and enables a penalty notice to be issued by leaving it on a vehicle or at premises (in addition to being issued personally or by post as provided for by the Fines Act 1996).
Items [2], [3] and [5]–[7] are consequential amendments that update terminology. Item [1] removes provisions that are no longer necessary because of the application of the Fines Act 1996 to penalty notices issued under the Protection of the Environment Operations Act 1997. Item [8] updates a cross-reference.
[1] Clause 80 Penalty notice offences
Omit the clause.
[2] Clause 82 Amounts of penalty payable
Omit the clause.
[3] Clause 83, heading
Omit “Service of penalty notices on”. Insert instead “Issue of penalty notices to”.
[4] Clause 83(2)
Omit “served”. Insert instead “issued”.
[5] Clause 83A, heading
Omit “Service of penalty notices on”. Insert instead “Issue of penalty notices to”.
[6] Clause 83A(2)
Omit “served”. Insert instead “issued”.
[7] Schedule 6 Penalty notice offences
Omit “(Clauses 80–82)”.
[8] Schedule 6, clause 1
Insert after the heading to the Schedule—1 Application of Schedule(1) For the purposes of section 224 of the Act—(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is—(i) the amount specified opposite the provision in Column 3, or(ii) if the person alleged to have committed the offence is a corporation, and if a greater amount is specified opposite the provision in Column 4, the amount specified in Column 4.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.
[9] Schedule 6
Omit “served” wherever occurring. Insert instead “issued”.
Explanatory note
Items [3]–[6] and [9] of the proposed amendments are consequential on proposed amendments to the Protection of the Environment Operations Act 1997 in Schedule 1.35 to this Act. Items [1] and [2] omit redundant clauses. Item [7] omits a redundant cross-reference.
Item [8] updates the Schedule to the Regulation containing penalty notice offences in line with standard provisions relating to penalty notices.
[1] Clauses 7(4)(a), 32(4)(a) and 36(4)(a)
Omit “notice has been given” wherever occurring. Insert instead “notice has been issued”.
[2] Clauses 7(4)(a), 32(4)(a) and 36(4)(a)
Omit “after service of” wherever occurring. Insert instead “after the issue of”.
[3] Clauses 7(5) and 32(5)
Omit “motor vehicle served” wherever occurring. Insert instead “motor vehicle issued”.
[4] Clauses 7(5), 32(5) and 36(5)
Omit “penalty notice being served on” wherever occurring.Insert instead “penalty notice being issued to”.
[5] Clause 36 Persons in charge or owners of vessels that emit offensive noise
Omit “by a person served” from clause 36(5). Insert instead “by a person issued”.
Explanatory note
The proposed amendments are consequential on proposed amendments to the Protection of the Environment Operations Act 1997 in Schedule 1.35 to this Act.
Schedule 2 Statutory bodies
Omit “Western City and Aerotropolis Authority”.Insert instead “Western Parkland City Authority”.
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
Section 10A
Insert after section 10—10A Order may adopt publicationA direction made by the Minister by order under section 7, 8 or 9 may adopt, and require compliance with, a publication as in force for the time being.
Explanatory note
By allowing for the incorporation into a Ministerial order of a publication as in force for the time being, the proposed amendment will promote a flexible and timely response to rapidly evolving public health situations, such as the current COVID-19 pandemic, in which scientific knowledge, and the expert medical advice that relies on that knowledge, changes frequently.
[1] Section 8 Agreements to which Act does not apply
Omit section 8(1)(h).
[2] Section 65B Damage to premises—investigation by Secretary
Omit “under section 54(1A) or (1B).” from section 65B(9).Insert instead—under—(a) section 54(1A) or (1B), or(b) section 54A.
Explanatory note
Item [1] of the proposed amendments omits section 8(1)(h) of the Residential Tenancies Act 2010 (the Act) as a consequence of the insertion of section 8(1)(bb) of the Act.
Item [2] provides that a tenant rectification order does not apply to a tenant who is an exempted tenant in the circumstances specified in section 54A of the Act.
Section 205 COVID-19 pandemic—non-compliance with conditions of Ministerial exemptions
Insert after section 205(2)—(3) The Minister may delegate the Minister’s functions under subsection (1) to any person, or any class of persons, employed in the Department of Customer Service.
Explanatory note
The proposed amendment enables the Minister for Better Regulation and Innovation to delegate the issuing of compliance notices under section 205(1) of the Retirement Villages Act 1999 to persons employed in the Department of Customer Service.
Schedule 1, clause 9A
Insert after clause 9—9A Personal liability(1) A protected person is not personally subject to any liability for anything done—(a) in good faith, and(b) for the purpose of executing functions under this Act.(2) The liability instead attaches to the Crown.(3) In this section—done includes omitted to be done.liability means civil liability and includes action, claim or demand.protected person means—(a) the Trust, or(b) a trustee, or(c) a person acting under the direction of the Trust.
Explanatory note
The proposed amendment inserts a provision that is a standard provision in legislation establishing statutory bodies representing the Crown, giving the persons constituting the statutory body (in this case, the trustees of the Royal Botanic Gardens and Domain Trust established by the Royal Botanic Gardens and Domain Trust Act 1980) immunity from personal liability.
Schedule 2 Public offices
Omit “Western City and Aerotropolis Authority” from Part 1.Insert instead “Western Parkland City Authority”.
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
[1] Section 62 Service of notices
Insert after section 62(a)(ii)—(iii) by sending it by email to an email address specified by the person for the service of notices or orders of that kind, or
[2] Section 62(b)
Omit the paragraph. Insert instead—(b) on a body corporate—(i) by leaving it at, or by sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate, or(ii) by sending it by email to an email address specified by the body corporate for the service of notices or orders of that kind.
Explanatory note
The proposed amendments enable the service of notices or orders on persons (including bodies corporate) to be effected by email.
[1] Schedule 1 Savings, transitional and other provisions
Insert in appropriate order in clause 9—the 1898 Act means the Probate and Administration Act 1898.
[2] Schedule 1, clause 11(6)
Insert after clause 11(5)—(6) Section 41A of the 1898 Act, as in force immediately before its repeal by the amending Act, continues to apply in respect of a person who died before the commencement of this clause as if that section had not been repealed.
Explanatory note
The proposed amendment in item [2] transfers a savings and transitional provision from the Succession Regulation 2020. The provision preserves the application of section 41A of the Probate and Administration Act 1898 in respect of a person who died before 1 March 2009. That section gives the Supreme Court jurisdiction to grant administration in respect of a deceased person in order to permit an application to be made under the Family Provision Act 1982. Item [1] makes a consequential amendment.
Clause 5 Probate or administration for purpose of Family Provision Act 1982
Omit the clause.
Explanatory note
The proposed amendment repeals a savings and transitional clause transferred to the Succession Act 2006 by Schedule 1.45 to this Act.
[1] Sections 20(2)(i1) and 29(2)(b2)
Omit “3 years” wherever occurring. Insert instead “3 or 5 years”.
[2] Section 41 Disciplinary action
Omit “3 years” from section 41(2)(a1). Insert instead “3 or 5 years”.
Explanatory note
Since 1 July 2020 tow truck operators licences and tow truck drivers certificates under the Tow Truck Industry Act 1998 have been available for a term of 5 years as an alternative to 1-year and 3-year licences and certificates. Item [1] of the proposed amendments applies conditions to 5-year licences and certificates that apply to 3-year licences and certificates. Item [2] applies a provision relating to disciplinary action to holders of 5-year licences and certificates in the same way that it applies to holders of 3-year licences and certificates.
[1] Section 55A Application of Part
Omit section 55A(3). Insert instead—(3) To avoid doubt, the repeal, replacement or amendment of a management plan so as to remove, add or change the description of a water source described in a proclamation made under this section does not affect the application of this Part to the water source as effected by a proclamation previously made under this Part.
[2] Section 60F General defence
Omit “, a consent given under section 71V or an order under section 85A” from section 60F(2)(a).Insert instead “or a consent given under section 71V”.
[3] Section 60F(2)(a1)
Insert after section 60F(2)(a)—(a1) that the water was taken in circumstances for which provision is made in a management plan pursuant to section 85A(2), or
[4] Section 88A Application and objects of Part
Omit section 88A(2A). Insert instead—(2A) To avoid doubt, the repeal, replacement or amendment of a management plan so as to remove, add or change the description of a water source described in a proclamation made under this section does not affect the application of this Part to the water source as effected by a proclamation previously made under this Part.
[5] Section 101A Metering equipment condition
Insert after section 101A(1)—(1A) On the imposition of the condition by this section, any other condition relating to the installation, use and maintenance of metering equipment in connection with the work imposed on the water supply work approval under this Act, or any other instrument made under this Act, ceases to have effect.
Explanatory note
Items [1] and [4] of the proposed amendments make corrections to terminology and clarify that the operation of proclamations previously made under sections 55A and 88A is not affected by the addition of a water source to a management plan or the replacement of a management plan.
Items [2] and [3] remove an inconsistency between section 60F(2) and section 85A in order to clarify the operation of the defences available under section 60F(2).
Item [5] makes it clear that, on the imposition of the mandatory condition on a water supply work approval under section 101A of the Water Management Act 2000 (the Act) requiring metering equipment to be installed, used and properly maintained in connection with the work, any other condition imposed on the approval under the Act, or any other instrument made under the Act, ceases to have effect.
[1] Long title
Omit “Western City and Aerotropolis Authority”.Insert instead “Western Parkland City Authority”.
[2] Section 1 Name of Act
Omit “Western City and Aerotropolis Authority”.Insert instead “Western Parkland City Authority”.
[3] Section 4 Definitions
Omit “Western City and Aerotropolis Authority” from the definition of Authority in section 4(1).Insert instead “Western Parkland City Authority”.
[4] Section 6 Constitution of Authority
Omit section 6(1). Insert instead—(1) There is constituted by this Act a corporation with the corporate name of the Western Parkland City Authority.
[5] Section 19, heading
Omit the heading. Insert instead—19 Western Parkland City Fund
[6] Section 19(1)
Omit “Western City Fund”. Insert instead “Western Parkland City Fund”.
[7] Section 19(5)
Insert after section 19(4)—(5) In any Act or statutory or other instrument, or in any contract or agreement, a reference to the Western City Fund is to be construed as a reference to the Western Parkland City Fund.
[8] Section 27
Insert after section 26—27 Change of name of Western City and Aerotropolis Authority to Western Parkland City AuthorityThe substitution of section 6(1) of this Act by the Statute Law (Miscellaneous Provisions) Act 2020effects the alteration of the name of the Western City and Aerotropolis Authority in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.Note—Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body or office—(a) the body or office continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body or office under its former name is to be read as a reference to the body or office under its new name.
Explanatory note
Item [4] of the proposed amendments changes the name of the Western City and Aerotropolis Authority to the Western Parkland City Authority. Item [6] changes the name of the Western City Fund to the Western Parkland City Fund. Items [1]–[3], [5], [7] and [8] are consequential amendments.
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “Director” wherever occurring. Insert instead “Chief Executive”.
[2] Section 3 Definitions
Omit the definition of Director from section 3(1). Insert instead—Chief Executive means the person employed in the Public Service who is assigned to the role of Chief Executive of the Western Sydney Parklands Trust.
[3] Section 7 Trust Board
Omit section 7(2)(a1)–(c).
[4] Section 7(2)(d)
Omit “5 other persons”. Insert instead “7 other persons”.
[5] Schedule 3 Land transferred to Trust
Omit item 242.
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2020References to Director to be construed as Chief Executive(1) In any document, a reference to the Director of the Western Sydney Parklands Trust is to be construed as a reference to the Chief Executive of the Western Sydney Parklands Trust.(2) In this clause—document means any Act or statutory or other instrument, or any contract or agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the “Director” with a definition of, and references to, the “Chief Executive”. This amendment reflects the new title of that position with the Western Sydney Parklands Trust. Item [6] makes consequential amendments.
Items [3] and [4] update the membership of the Board of the Trust to provide that the Minister may appoint 2 additional persons to be members of the Board of the Trust. The amendment is consequent on recent administrative changes to government departments.
Item [5] repeals a provision that would otherwise have transferred ownership of a particular lot to the Trust. The land on which the lot is located has been reserved as a nature reserve under the National Parks and Wildlife Act 1974 and transfer of the land to the Trust is no longer necessary.
Section 10 Licence applications
Omit section 10(4). Insert instead—(4) An application must be delivered to a police station or lodged in any other manner prescribed by the regulations.
Explanatory note
The proposed amendment provides that a licence application to carry on the business of a wool, hide or skin dealer must be delivered to a police station or lodged in any other manner prescribed by the regulations. The amendment transfers the existing requirement to deliver a licence application to a police station from the Wool, Hide and Skin Dealers Regulation 2015 to the Wool, Hide and Skin Dealers Act 2004. The Wool, Hide and Skin Dealers Regulation 2015 is repealed by Schedule 5 to this Act.
Schedule 2 Amendments by way of statute law revision—miscellaneous amendments
Part 7, heading
Omit “National Registration Authority for Agricultural and Veterinary Chemicals”.Insert instead “Australian Pesticides and Veterinary Medicines Authority”.
Explanatory note
The proposed amendment replaces a reference to the former National Registration Authority for Agricultural and Veterinary Chemicals with a reference to the current Australian Pesticides and Veterinary Medicines Authority.
[1] Section 4(1)
Omit the definition of Director.
[2] Section 4(1)
Insert in alphabetical order—Chief Curator means the person employed in the Public Service as the Chief Curator.
[3] Section 13
Omit “Director” wherever occurring. Insert instead “Chief Curator”.
[4] Section 14(1)(b)
Omit “Director”. Insert instead “Chief Curator”.
Explanatory note
Item [1] of the proposed amendments omits a definition for a position that has changed title and item [2] inserts a definition relating to the new title for the position. Items [3] and [4] are consequential amendments.
Section 74
Omit the section. Insert instead—74 Eligibility for appointment to BoardA person is not eligible for appointment as a member if the person is—(a) a member of the Legislative Council or the Legislative Assembly, or(b) a member of a House of Parliament of another State or the Commonwealth.
Explanatory note
The proposed amendment updates the formatting of the provision.
Clause 4.6(8)
Renumber paragraph (d) as paragraph (ca).
Explanatory note
The proposed amendment corrects numbering.
Clause 5.1(2)
Omit “Transport for New South Wales”. Insert instead “Transport for NSW”.
Explanatory note
The proposed amendment corrects a reference to a statutory body.
Section 34(1)(a)
Omit “Crime”. Insert instead “Criminal Intelligence”.
Explanatory note
The proposed amendment updates a reference to the Australian Criminal Intelligence Commission.
[1] Section 87(5)
Omit “Regulations”. Insert instead “regulations”.
[2] Section 87(6)
Omit “clause”. Insert instead “section”.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error. Item [2] corrects a reference.
Section 68, note
Omit “section 42”. Insert instead “section 105”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Section 5(1), definition of “approved animal welfare organisation”
Omit paragraph (c). Insert instead—(c) the Cat Protection Society of NSW Limited,
[2] Section 5(1), definition of “rehoming organisation”
Omit paragraph (c). Insert instead—(c) the Cat Protection Society of NSW Limited, or
Explanatory note
The proposed amendments update the name of an organisation.
[1] Section 5(5)
Omit “Subject to sections 12 and 99,”.
[2] Section 31, definition of “impose a penalty”
Omit “10, 11 or 12” from paragraph (d). Insert instead “10 or 11”.
Explanatory note
The proposed amendments update cross-references consequent on the enactment of the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017.
Section 8A(1)
Omit “section 105(2)”. Insert instead “section 102(2)”.
Explanatory note
The proposed amendment corrects a cross-reference.
Schedule 2
Insert at the end of the Schedule—Part 7 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 202010 Repeal of Drug Court Regulation 2015Despite section 10(2) of the Subordinate Legislation Act 1989, the Drug Court Regulation 2015 is taken to have been repealed at the end of 1 September 2020.
Explanatory note
This amendment is consequent on the proposed amendment of the Subordinate Legislation Act 1989 in Schedule 2.36 regarding the timing of repeals of regulations under Part 3 of that Act.
Sections 10(2)(b1), 23(4)(c) and 25(4)(c)
Omit “section 39G” wherever occurring. Insert instead “section 39Q”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Clause 130(2B)
Omit “clause”.
[2] Clause 155(1)(e)(i)
Omit “an an”. Insert instead “an”.
Explanatory note
Item [1] of the proposed amendments corrects a grammatical error. Item [2] omits a duplicate word.
Clause 129(10)
Omit “subclause (7)”. Insert instead “subclause (8)”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Section 4(4), note
Omit “Australian Standard entitled AS SSA 5300—2011, Australian Fish Names Standard published on 20 October 2011”.Insert instead “Australian Standard entitled AS 5300—2019, Australian Fish Names Standard published on 24 June 2019”.
[2] Schedule 1AA, clause 1, definition of “fishing regulatory controls”
Omit paragraph (e). Insert instead—(e) fishing determinations of the TAF Committee under Part 2A of this Act,
Explanatory note
Item [1] of the proposed amendment updates a reference to an Australian Standard. Item [2] updates the name of a committee and corrects a cross-reference.
Section 4, definition of “Regulatory Authority”
Omit “Director-General of the Department of Trade and Investment, Regional Infrastructure and Services”.Insert instead “Secretary of Regional NSW”.
Explanatory note
The proposed amendment updates a reference to the Secretary.
[1] Section 4(1), definition of “Department”
Omit “the Department of Industry and Investment”.Insert instead “Regional NSW”.
[2] Section 4(1), definition of “Director-General”
Omit the definition.
[3] Section 4(1)
Insert in alphabetical order—Secretary means the Secretary of the Department.
[4] Sections 12, 20, 21, 22(1) and (2) and 38(1) and (2)
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
Explanatory note
Item [1] of the proposed amendments updates a reference to the Department. Item [2] omits a redundant definition. Items [3] and [4] update references to the Secretary.
[1] Clause 4.2AA
Renumber clause 4.2AA as 4.2C and insert it after clause 4.2B.
[2] Schedule 1
Omit “(When this Plan was made this Schedule was blank)”.
[3] Dictionary
Insert in alphabetical order—Additional Permitted Uses Map means the Glen Innes Severn Local Environmental Plan 2012 Additional Permitted Uses Map.
Explanatory note
Item [1] of the proposed amendments renumbers and moves an incorrectly numbered provision. Item [2] omits redundant text. Item [3] inserts a missing definition.
[1] Schedule 1[8]
Omit “Telecommunications facilities;” from item 4 of the matter relating to Zone B3 Commercial Core.
[2] Schedule 1[15A]
Insert after Schedule 1[15]—[15A] Part 6 Additional local provisionsInsert at the end of the Part, with appropriate clause numbering—Telecommunications facilities prohibited in Zone B3Despite any other provision of this Plan, development for the purposes of telecommunications facilities is prohibited in Zone B3 Commercial Core.
Commencement
The amendments to Hurstville Local Environmental Plan 2012 (Amendment No 3) are taken to have commenced on the commencement of that Plan.
Explanatory note
The Standard Instrument (Local Environmental Plans) Order 2006 provides for the making of standard local environmental plans, and only permits certain land uses to be included in the Land Use Table of one of those standard plans.
Item [1] of the proposed amendments removes a reference to an impermissible land use that was purported to be put into a Land Use Table of Hurstville Local Environmental Plan 2012, a standard plan.
Item [2] inserts a provision that has the same effect as would have been achieved if it were possible to insert that land use in the Land Use Table of the Plan.
Section 405(1)
Omit the subsection. Insert instead—(1) An award or order of the Commission does not have effect to the extent that it is inconsistent with a function under the Police Act 1990 in relation to the discipline, promotion or transfer of a police officer, or in relation to police officers who are hurt on duty.
Explanatory note
The proposed amendment removes a reference to a repealed provision of the Police Act 1990 and updates the formatting of the provision.
Section 21(1), definition of “Gazette or Government Gazette”
Omit the definition. Insert instead—Gazette, or Government Gazette, means the New South Wales Government Gazette published—(a) in print, or(b) on a website authorised by the Parliamentary Counsel to provide public access to the Gazette.
Explanatory note
The proposed amendment makes it clear the Gazette may be published electronically on a website authorised by the Parliamentary Counsel for that purpose.
[1] Section 17(d)
Omit “sections 75K, 75L, 75Q, 75W(5), 95A, 96, 96A, 97, 97AA, 98, 98A, 109K, 121ZK, 121ZM, 121ZS and 149F of”.Insert instead “sections 4.55, 8.7, 8.8, 8.9, 8.16, 8.18, 8.21, 8.22, 8.23 and 8.25 of, and clause 35 of Schedule 5 to,”.
[2] Section 19(g)
Omit “sections 96A(7) and 121ZL”. Insert instead “sections 4.57(7) and 8.19”.
[3] Section 20(1)(b)
Omit “section 35”. Insert instead “section 3.27”.
[4] Section 20(1)(c)
Omit “section 123”. Insert instead “section 9.45”.
[5] Section 21(f)
Omit “section 127”. Insert instead “section 9.57”.
[6] Section 25A(3)
Omit “section 102”. Insert instead “section 4.60”.
[7] Section 25C(2)
Omit “section 103”. Insert instead “section 4.61”.
[8] Section 34AA(1)
Omit “section 97 or 97AA”. Insert instead “section 8.7 or 8.9”.
[9] Section 34A(1)(c), (2) and (2A)
Omit “section 97” wherever occurring. Insert instead “section 8.7”.
[10] Section 34A(1)(c1)
Omit “section 97AA”. Insert instead “section 8.9”.
[11] Section 34A(1)(d)
Omit “section 121ZK”. Insert instead “section 8.18”.
[12] Section 34A(1)(e)
Omit “section 149F”. Insert instead “section 8.25”.
Explanatory note
The proposed amendments update references to provisions in the Environmental Planning and Assessment Act 1979.
[1] Section 275(1)(e1)
Insert “or the Electoral Funding Act 2018” after “Election Funding, Expenditure and Disclosures Act 1981”.
[2] Section 328A(2) and note
Omit “Part 6 of the Election Funding, Expenditure and Disclosures Act 1981” wherever occurring.Insert instead “Part 3 of the Electoral Funding Act 2018”.
Explanatory note
The proposed amendments update references to a repealed Act.
Clause 130(a)
Omit “practiced”. Insert instead “practised”.
Explanatory note
The proposed amendment corrects a spelling error.
Section 126(2)
Insert “, or the Marine Pollution Act 2012 or the regulations made under that Act,” after “or the regulations”.
Explanatory note
The proposed amendment reinstates a reference to the Marine Pollution Act 2012 and regulations made under that Act that was included in a definition omitted by the Statute Law (Miscellaneous Provisions) Act 2017.
[1] Schedule 4, Part 2, table
Omit “Reclassification Map” from Column 2.Insert instead “Land Reclassification (Part Lots) Map”.
[2] Dictionary
Omit the definition of Reclassification Map.Insert in alphabetical order—Land Reclassification (Part Lots) Map means the Palerang Local Environmental Plan 2014 Land Reclassification (Part Lots) Map.
Commencement
The amendments to Palerang Local Environmental Plan 2014 are taken to have commenced on the commencement of that Plan.
Explanatory note
The proposed amendments correct an incorrect map reference.
[1] Whole Regulation
Omit “Director” wherever occurring. Insert instead “Chief Executive”.
[2] Clause 8(2), (4) and (6)
Omit “direction made” wherever occurring. Insert instead “direction given”.
[3] Clause 8(5)
Omit “motor vehicle, motor cycle or other regulated vehicle”. Insert instead “vehicle”.
[4] Clause 29(5)
Omit “subclause (1)”. Insert instead “subclause (4)”.
Explanatory note
Item [1] of the proposed amendments replaces references to “Director” with “Chief Executive”, which reflects the new title of that position with the Parramatta Park Trust. Item [2] corrects a grammatical error. Item [3] omits redundant matter. Item [4] corrects a cross-reference.
Section 36(2)
Omit “dissolution or”.
Explanatory note
The proposed amendment corrects use of terminology.
Schedule 1
Omit “Clauses 19(4), 27 and 34”. Insert instead “Clause 34”.
Explanatory note
The proposed amendment corrects cross-references.
[1] Section 88(1)
Omit the subsection. Insert instead—(1) The engagement or appointment of, or the failure to engage or appoint, a person as a non-executive officer, or a matter, question or dispute relating to the engagement or appointment, or failure to engage or appoint, is not an industrial matter for the purposes of the Industrial Relations Act 1996.
[2] Section 88(3)
Insert “or appoint” after “engage”.
[3] Section 129(1)
Renumber paragraph (a) where secondly occurring as paragraph (b).
Explanatory note
Items [1] and [2] of the proposed amendments correct terminology relating to the appointment of police officers. Item [3] corrects duplicate numbering.
Dictionary, definition of “environmental values of water”
Omit “Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000, published by the Australian and New Zealand Environment and Conservation Council and the Agriculture and Resource Management Council of Australia and New Zealand”.Insert instead “Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2018, published by the Australian and New Zealand Governments and State and Territory Governments”.
Explanatory note
The proposed amendment updates a reference to Guidelines.
Section 93
Omit “(and”. Insert instead “and”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 107(6)
Omit the subsection.
Explanatory note
The proposed amendment omits a redundant provision.
Section 122(a) and note
Omit “Division 1C of Part 6 of” wherever occurring. Insert instead “Part 2A, Division 3 of Schedule 1 to”.
Explanatory note
The proposed amendment corrects a cross-reference.
[1] Section 10(2)(a)
Omit “on the”. Insert instead “at the beginning of the day that is the”.
[2] Section 10(2)(b)
Omit “on 1”. Insert instead “at the beginning of 1”.
Commencement
The amendments to the Subordinate Legislation Act 1989 are taken to have commenced on 1 September 1990.
Explanatory note
The proposed amendments clarify that a statutory rule repealed under Part 3 of the Subordinate Legislation Act 1989 is repealed at the beginning of the day on which the statutory rule is repealed.
Section 28(1A)(e)
Omit “the use of the surveillance device authorised by the warrant must be furnished to the eligible Judge or eligible Magistrate under section 44(1),”.Insert instead “the retrieval of the surveillance device authorised by the retrieval warrant must be furnished to the eligible Judge or eligible Magistrate under section 44(6),”.
Explanatory note
The proposed amendment corrects a reference to retrieval warrants and a cross-reference.
Section 24B(d)
Omit “section 20(c)”. Insert instead “section 20(1)(c)”.
Explanatory note
The proposed amendment corrects a cross-reference.
Schedule 7, clause 220(2)(a)
Insert “the” after “of”.
Explanatory note
The proposed amendment inserts a missing word.
Rule 18.8(2)
Omit “Subrule 1(b)”. Insert instead “Subrule (1)(b)”.
Explanatory note
The proposed amendment corrects a cross-reference.
Clause 37 Water allocation accounts
Renumber the clause as clause 33A.
Explanatory note
The proposed amendment corrects duplicate numbering.
Clause 4.6(8)
Renumber paragraph (d) as paragraph (ca).
Explanatory note
The proposed amendment corrects numbering.
[1] Whole Regulation
Omit “Director” wherever occurring. Insert instead “Chief Executive”.
[2] Clause 8(2), (4) and (6)
Omit “direction made” wherever occurring. Insert instead “direction given”.
[3] Clause 29(5)
Omit “subclause (1)”. Insert instead “subclause (4)”.
Explanatory note
Item [1] of the proposed amendments replaces references to “Director” with “Chief Executive”, which reflects the new title of that position with the Western Sydney Parklands Trust. Item [2] corrects a grammatical error. Item [3] corrects a cross-reference.
Schedule 3 Amendments consequent on administrative changes
Section 3, definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 3, definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 4(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 3(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Sections 6(2)(d) and 26G–26GB
Omit “Industry” wherever occurring. Insert instead “Customer Service”.
[1] Clause 4
Insert in alphabetical order—Liquor & Gaming NSW means that part of the Department of Customer Service known as Liquor & Gaming NSW.
[2] Clauses 4 (definition of “problem gambling information”), 6(2), 7(3) and 9(3)
Omit “the NSW Office of Liquor, Gaming and Racing” wherever occurring.Insert instead “Liquor & Gaming NSW”.
Section 3(1), definition of “Department”
Omit “the Department of Industry and Investment”. Insert instead “Regional NSW”.
Section 7, definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 3(1), definition of “Secretary”
Omit “Industry”. Insert instead “Customer Service”.
Section 5(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 2, definition of “Department”
Omit “the Department of Industry and Investment”.Insert instead “Regional NSW”.
[1] Section 4(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
[2] Section 221ZU(1), definition of “Fisheries Agency Head”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 3(1), definition of “Department”
Omit “Industry”. Insert instead “Customer Service”.
Schedule 1, clause 1
Omit the clause. Insert instead—1 New South WalesSecretary of the Department of Customer ServiceDeputy Secretary, Liquor, Gaming and Racing Division, Department of Customer ServiceA person employed in Liquor & Gaming NSW, Department of Customer ServiceA local council or another person or body exercising functions as a consent authority under the Environmental Planning and Assessment Act 1979
Sections 17A(2) and 19(1)(c)
Omit “Industry” wherever occurring. Insert instead “Customer Service”.
Sections 4(1) (definition of “Secretary”) and 48(5)
Omit “Industry” wherever occurring. Insert instead “Customer Service”.
Schedule 3
Omit the matter relating to the following agencies—Board of Surveying and Spatial InformationElectrical Equipment Safety Advisory CommitteeFinancial Counselling Trust FundGeographical Names BoardHardship Review BoardIndependent Liquor and Gaming AuthorityMine Subsidence BoardMotor Vehicle Repair Industry AuthorityNew South Wales Government Telecommunications Authority (also known as TELCO)NSW Procurement BoardNSW Self Insurance CorporationProfessional Standards CouncilProperty NSWRental Bond BoardTeacher Housing Authority of New South WalesTrustees of the Parliamentary Contributory Superannuation FundWaste Assets Management CorporationWorkers Compensation CommissionWorkers Compensation (Dust Diseases) AuthorityInsert instead in alphabetical order—
[1] Section 49(1) (definition of “Industrial Relations Secretary”) and note to definition
Omit “Treasury” wherever occurring. Insert instead “Department of Premier and Cabinet”.
[2] Schedule 1, Parts 1 and 2
Omit “The Treasury” wherever occurring. Insert instead “Treasury”.
Section 3(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
[1] Section 8(2)
Insert “, Industry” after “Planning”.
[2] Sections 23(4), 121(5)(c) and 151(2)(b) and (3)
Omit “Planning and Environment” wherever occurring.Insert instead “Premier and Cabinet”.
[1] Section 3, definition of “Department”
Omit “Family and Community Services”. Insert instead “Communities and Justice”.
[2] Section 6(2) and (3)
Insert “of the Department of Planning, Industry and Environment” after “Secretary” wherever occurring.
Section 3(1), definition of “Department”
Insert “Communities and” before “Justice”.
Sections 4(1) (definition of “Department”) and 5(2)(c)
Omit “Department of Industry, Skills and Regional Development” wherever occurring.Insert instead “Treasury”.
Section 27A(1) and Schedule 1A, clause 3(5)
Omit “Finance, Services and Innovation” wherever occurring.Insert instead “Planning, Industry and Environment”.
Sections 4(1) (definition of “Secretary”), 116C(4) and 144M(1)(b)(iii)
Omit “Industry” wherever occurring. Insert instead “Customer Service”.
[1] Clause 3(1)
Insert in alphabetical order—Liquor & Gaming NSW means that part of the Department of Customer Service known as Liquor & Gaming NSW.
[2] Clause 29(3)(e)
Omit the paragraph. Insert instead—(e) the Department of Communities and Justice,
[3] Clauses 50(2), 52(3), 53(2), 54(4) and 115(2)(b) and Schedule 2, Part 2
Omit “, Department of Industry” wherever occurring.
[1] Sections 57–59, 60–63, 65, 66, 439(3), 440(9), 440AA(6) and 440H(9)
Omit “Primary Industries” wherever occurring.Insert instead “Water, Property and Housing”.
[2] Section 409(6)
Omit “Energy and Utilities”. Insert instead “Water, Property and Housing”.
Clauses 21(a)(ii), 138 and 147(b)
Omit “Utilities” wherever occurring. Insert instead “Water, Property and Housing”.
[1] Section 60K(5)
Insert “, Industry” after “Planning”.
[2] Schedule 6, clause 21(4)
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
[3] Dictionary, definition of “Department”
Omit “the Department of Planning, Industry and Environment”.Insert instead “Regional NSW”.
Section 4(3)(d) and Schedule 1A, clause 6(1)(f)
Omit “Premier and Cabinet” wherever occurring.Insert instead “Planning, Industry and Environment”.
[1] Section 5(1)
Omit “Primary Industries”. Insert instead “Agriculture and Western New South Wales”.
[2] Sections 7(2)(b), 16, 50, 58(a) and 74(2)
Omit “the Department of Trade and Investment, Regional Infrastructure and Services” wherever occurring.Insert instead “Regional NSW”.
Section 4(1), definition of “Department”
Omit “the Department of Industry”. Insert instead “Regional NSW”.
[1] Clause 3(1)
Omit the definitions of Liquor and Gaming NSW and Secretary.Insert instead—Liquor & Gaming NSW means that part of the Department of Customer Service known as Liquor & Gaming NSW.Secretary means the Secretary of the Department of Customer Service.
[2] Clauses 9(1)(b), 10(3), 11(3) and 13(4)
Omit “Liquor and Gaming” wherever occurring. Insert instead “Liquor & Gaming”.
Section 165(1)(a) and (2)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Treasury”.
Section 4(1), definition of “Secretary”
Omit “Industry”. Insert instead “Customer Service”.
[1] Clause 3(1) (definition of “Department”) and Schedule 2, clause 2(1) (definition of “departmental Secretary”)
Omit “Industry” wherever occurring. Insert instead “Customer Service”.
[2] Clause 33(2)
Omit “the NSW Office of Liquor, Gaming and Racing”.Insert instead “that part of the Department known as Liquor & Gaming NSW”.
[1] Section 3(1)
Omit the definition of Secretary. Insert in alphabetical order—Department means the Treasury.Secretary means the Secretary of the Department.
[2] Sections 16Z, 16ZA(1)(a), 82B(1)(a) and 83A(6)
Omit “of Industry, Skills and Regional Development” wherever occurring.
[3] Section 16ZA(1)(b)
Omit “that Department”. Insert instead “the Department”.
Section 4(1), definition of “Department”
Omit “the Department of Industry, Skills and Regional Development”.Insert instead “Regional NSW”.
Section 3(1), definition of “Secretary”
Omit “the Department of Planning, Industry and Environment”.Insert instead “Regional NSW”.
Section 7(1)(b) and (7)
Omit “Finance, Services and Innovation” wherever occurring.Insert instead “Planning, Industry and Environment”.
[1] Clause 3(1)
Insert in alphabetical order—Liquor & Gaming NSW means that part of the Department of Customer Service known as Liquor & Gaming NSW.
[2] Clauses 3(1) (definition of “problem gambling information”), 6(2), 7(3) and 9(3)
Omit “the NSW Office of Liquor, Gaming and Racing” wherever occurring.Insert instead “Liquor & Gaming NSW”.
Section 4(1), definition of “Department”
Omit “Finance, Services and Innovation”.Insert instead “Planning, Industry and Environment”.
[1] Section 4 (definition of “Secretary”), 46(1), 47(2)(e) and 66(2)(e), (g) and (h) and (2B)(a)
Insert “Communities and” before “Justice” wherever occurring.
[2] Section 62A(a) and (a1)
Insert “Communities and” after “Department of” wherever occurring.
[3] Section 66(4)
Omit the definition of . Insert instead—means any of the following persons employed in the Department—(a) the Secretary,(b) a Deputy Secretary,(c) the Chief Executive of Juvenile Justice or a Deputy Chief Executive of Juvenile Justice,(d) a juvenile justice officer,(e) any other persons employed in the Department, or persons belonging to a class of employee, as may be prescribed by the regulations.
Schedule 4 Amendments consequent on dissolution of RMS
Schedule 2 Exempt development
Omit “Roads and Maritime Services” from subclause (7) under the heading “Waste storage containers on private land”.Insert instead “Transport for NSW”.
Section 381 Access to information by authorised officers
Omit “Roads and Maritime Services” from section 381(1).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where firstly and secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[1] Section 51J Delegation of CSTTC’s functions
Omit “or Roads and Maritime Services” from section 51J(3)(a).
[2] Sections 51K(1)(b) and 51M(5)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Section 116 Open and private access ways
Omit “Roads and Maritime Services” wherever occurring in paragraphs (b) and (c) of the definition of in section 116(7).Insert instead “Transport for NSW”.
Clause 25 Subdivision, consolidation or acquisition of part of land in a folio
Omit “Roads and Maritime Services” from clause 25(4)(a).Insert instead “Transport for NSW”.
[1] Schedule 3 Prescribed warranties
Omit “Roads and Maritime Services,” from clause 5.
[2] Schedule 4 Exempt contracts, options and land
Omit “Roads and Maritime Services” from clause 3.Insert instead “Transport for NSW”.
Section 78A Vetting of prospective staff
Omit “Roads and Maritime Services” from section 78A(2)(c).Insert instead “Transport for NSW”.
Schedule 3 NSW Government agencies and statutory bodies required to pay court fees
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[1] Clause 59 Circumstances in which cultivation consent not required
Omit “of Roads and Maritime Services” from the Table to clause 59(1).Insert instead “of Transport for NSW”.
[2] Clause 59(1), Table
Omit “the Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring.Insert instead “Transport for NSW”.
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1).Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Sections 19(3) and (5), 27(1)(b), 31(6) and 46(1)
Omit “the Authority’s” wherever occurring. Insert instead “TfNSW’s”.
[4] Sections 31, 45 and 46, headings
Omit “Authority” and “Authority’s” wherever occurring.Insert instead “TfNSW” and “TfNSW’s”, respectively.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly and thirdly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Section 4(1) (definition of “Photo Card”) and notes to sections 34(8)(b) and 45(4)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Section 3 Interpretation—key definitions
Omit paragraph (a) of the definition of associated electricity network land.
Section 53A Definitions
Omit “, Transport for NSW or Roads and Maritime Services” from paragraph (c) of the definition of private land.Insert instead “or Transport for NSW”.
Schedule 2 Provisions relating to planning bodies
Omit “Roads and Maritime Services” from clause 30(5).Insert instead “Transport for NSW”.
Clause 136I and Schedule 1, clause 4(1)(j1) and (k)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Clause 52 Activities in port operational areas
Omit “Roads and Maritime Services” from the definition of in clause 52(2).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
4.21 Fines Act 1996 No 99
[1] Whole Act
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[2] Section 3 Definitions
Insert in alphabetical order in section 3(1)—Transport for NSW means Transport for NSW constituted under the Transport Administration Act 1988.
Section 242A Access to information by fisheries officers
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
Appendix, Schedule 3
Omit “Roads and Maritime Services” from the matter relating to Trial Bay South West Rocks.Insert instead “Transport for NSW”.
Section 34 Access to Authority’s infrastructure
Omit section 34(5)(c). Insert instead—(c) to occupy a classified road within the meaning of the Roads Act 1993 without the consent of Transport for NSW constituted under the Transport Administration Act 1988 or the relevant roads authority.
[1] Section 13A Definitions
Omit the definition of Authority. Insert in alphabetical order—Transport for NSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 13D(3) and 13G(2)
Omit “the Authority” wherever occurring. Insert instead “Transport for NSW”.
Clause 7 Use or disclosure of health information—organ donor registers
Omit “Roads and Maritime Services” from clause 7(1)(b).Insert instead “Transport for NSW”.
[1] Section 3 Definitions
Omit the definition of RMS from section 3(1).Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 16, 17(2) and (3), 25, 27 and 27B(b) and (c), Schedule 1.1[3] and Schedule 3, clause 6
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[3] Sections 25 and 27, headings
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[4] Section 25(1)
Omit “RMS’s”. Insert instead “TfNSW’s”.
[5] Schedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales
Omit the definition of RMS (not including the note) in Schedule 1.1[1].Insert instead—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[6] Schedule 1.1[2]
Omit “RMS”. Insert instead “TfNSW”.
[1] Section 5 Who can impound and what can be impounded
Omit “The power to impound conferred by this Act on an impounding officer of Roads and Maritime Services is limited to the impounding of motor vehicles, unless the regulations otherwise provide.” from section 5(1).
[2] Section 43 Police required to provide assistance on request
Omit “Roads and Maritime Services” from section 43(2).Insert instead “Transport for NSW”.
[3] Dictionary
Omit “the control of Roads and Maritime Services” from the definition of area of operations.Insert instead “the control of Transport for NSW”.
[4] Dictionary, definition of “area of operations”
Omit the following—• in the case of an impounding officer appointed by Transport for NSW, land owned by or under the control of that body,• in the case of an impounding officer appointed by Roads and Maritime Services, any road, land along or near the line of a road, land vested in Roads and Maritime Services, and a bridge, ferry or tunnel vested in or subject to the administration or control of Roads and Maritime Services,Insert instead—• in the case of an impounding officer appointed by Transport for NSW—— land owned by or under the control of Transport for NSW, and— without limiting the above, any road, land along or near the line of a road, land vested in Transport for NSW, and a bridge, ferry or tunnel vested in or subject to the administration or control of Transport for NSW,
[5] Dictionary, definition of “impounding authority”
Omit the matter relating to Roads and Maritime Services.
Section 104C Vetting of prospective staff or consultants
Omit “Roads and Maritime Services” from section 104C(2)(c).Insert instead “Transport for NSW”.
Schedule 1 Government agencies for which Tribunal has standing reference
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[1] Schedule 1 Persons deemed to be employees
Omit “RMS” from the heading to clause 1(l). Insert instead “Transport for NSW”.
[2] Schedule 1, clauses 1(l) and 2(2)(c) (definition of “road work”)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[3] Schedule 1, clause 1(l)
Omit “RMS”. Insert instead “Transport for NSW”.
4.32 Jury Act 1977 No 18
Section 75A Information to be supplied to sheriff
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Section 4 Definitions
Omit “Roads and Maritime Services” from the note to the definition of government issuing agency in section 4(1).Insert instead “Transport for NSW”.
Section 189 Vetting of prospective staff or consultants
Omit “Roads and Maritime Services” from section 189(2)(c).Insert instead “Transport for NSW constituted under the Transport Administration Act 1988”.
Section 4 Definitions
Omit “Roads and Maritime Services” from paragraph (a) of the definition of evidence of age document in section 4(1).Insert instead “Transport for NSW”.
Clause 29 Preparation of CIS—consultation requirements
Omit clause 29(3)(f). Insert instead—(f) Transport for NSW,
Dictionary
Omit “Roads and Maritime Services” from the definition of .Insert instead “Transport for NSW”.
[1] Clauses 27 and 65
Omit “the Roads and Traffic Authority” wherever occurring.Insert instead “Transport for NSW”.
[2] Clause 53 Matters to be taken into consideration by council in determining whether to approve the operation of a public car park
Omit “Roads and Traffic Authority’s views” from clause 53(a).Insert instead “views of Transport for NSW”.
[3] Clause 65 Concurrence required for operation of public car park
Omit “The Authority”. Insert instead “Transport for NSW”.
[4] Clause 275 Definitions
Omit “Roads and Maritime Services” from the definition of Photo Card in clause 275(1).Insert instead “Transport for NSW”.
[1] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 26(2) and (3), 27(6), (7) and (9), 28(2), 29, 30(6) and 32(2)(e)
Omit “RMS” wherever occurring. Instead instead “TfNSW”.
[1] Section 3 Definitions
Omit “Roads and Maritime Services” from paragraph (a) of the definition of certified.Insert instead “Transport for NSW”.
[2] Section 247 Delegation
Omit paragraph (a) of the definition of approved person in section 247(3).
[1] Clause 3 Definitions
Omit the definition of RMS from clause 3(1). Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Clauses 18(b), 45(3) and (5), 46(3) and (5), 47(3) and (5), 48(5) and (7), 50(4) and (6), 53(1)(c) and (3) and 56(c)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[1] Sections 4(1) (definition of “responsible licensing official”), 19H(2) and (3), 28A(5), 33(1A), 39(2A), 63A(4A), 96(1)(a), 111(3) and (5), 125M(2), 133(1) and (2), 134(1)(c), 135A(4) and 139 and Schedule 1A, clause 15(1) and (2)
Omit “RMS” wherever occurring. Insert instead “Transport for NSW”.
[2] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Sections 19A(2)(a), 19B(5), 19C(3)(b), 19D(1), 19G(3), 19I, 19J(5), 19K(2)–(5), 19L and 19M(1)–(3) and (5) and Schedule 1A, clause 4(1) (definition of “appropriate inspection officer”)
Omit “Chief Executive of RMS” wherever occurring.Insert instead “Transport for NSW”.
[4] Section 19D Removal, impounding and production of vessel
Omit “Chief Executive” where secondly occurring in section 19D(1).Insert instead “Transport for NSW”.
[5] Section 19M Disposal of vessels
Omit “or RMS” wherever occurring in section 19M(5) and (6).
[6] Section 19N Protection from liability with respect to impounding and other matters
Omit “or Chief Executive of RMS, RMS”.
[7] Section 19O Failure to prosecute
Omit “or Chief Executive of RMS, RMS” from section 19O(1).Insert instead “, Transport for NSW”.
[8] Section 111 Action by Minister following report of investigation
Omit “RMS,” from section 111(2)(f).
[9] Section 136A Reliance on advice
Omit “, TfNSW or RMS” wherever occurring. Insert instead “or TfNSW”.
[10] Section 136A(2)
Omit “, RMS”.
Section 11 Appointment of interstate officers
Omit “Roads and Maritime Services” from section 11(2).Insert instead “Transport for NSW”.
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “Transport for NSW”.
[2] Clauses 55B(1) and (4) and 55C(1), (4) and (5)
Omit “Chief Executive of RMS” wherever occurring.Insert instead “Transport for NSW”.
[3] Clause 55C Disposal of impounded vessels forfeited to the Crown
Omit “Chief Executive” where secondly and thirdly occurring in clause 55C(5).Insert instead “Transport for NSW”.
[4] Schedule 6 Requirements relating to Sydney Cove
Omit “RMS or” from the definition of in clause 1.
[5] Schedule 6, clause 2(1)
Omit “RMS,” wherever occurring.
Clause 70 Protected documents not admissible in certain proceedings or otherwise protected
Omit clause 70(2)(i). Insert instead—(i) Transport for NSW,
[1] Section 1.4 Definitions
Omit the definition of RMS from section 1.4(1). Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 2.5(4), 2.6(1), 2.8(4)–(10) and 2.15
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
Clauses 5(b) and (e)(i) and 6(1)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
Sections 141(1)(a2), 148(2)–(4) and 149(1) and (2)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[1] Section 3 Definitions
Omit the definition of RMS. Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 11(4), 12(1), 14(4)–(6B) and 19(1)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[1] Sections 4(1) (definition of “inspection report”), 59(a), 97(2) and 182(6) (definition of “relevant authority”)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[2] Section 4 Definitions
Insert in alphabetical order in section 4(1)—Transport for NSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Section 149 Authorised officers
Omit “the Chief Executive of Roads and Maritime Services” wherever occurring in paragraph (e) of the definition of in section 149(1) and in section 149(2).Insert instead “Transport for NSW”.
[4] Section 156 Proceedings
Omit section 156(1)(c). Insert instead—(c) the Secretary of the Department of Transport or, in the name of the Secretary of the Department of Transport, a person acting with the authority of that Secretary.
Clause 56 Penalty notice officers
Omit “the Chief Executive of Roads and Maritime Services” from clause 56(d).Insert instead “Transport for NSW”.
Section 43 Regulations
Omit “Roads and Maritime Services” from section 43(2)(h).Insert instead “Transport for NSW”.
Clause 4
Omit the clause. Insert instead—4 Consultation with Transport for NSW regarding authorised worksTransport for NSW is prescribed for the purposes of sections 17(5)(c) and 18(a)(iiib) of the Act.
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring.Insert instead “Transport for NSW”.
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1). Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Section 21, heading
Omit “Authority”. Insert instead “TfNSW”.
[4] Section 22 Exemptions etc may be revoked or varied
Omit “Authority or officer”. Insert instead “Transport for NSW or the officer”.
[5] Section 22A, heading
Omit “and Maritime Services”.
[6] Section 22A(1), definition of “Roads Fund”
Omit “Roads and Maritime Services”. Insert instead “TfNSW”.
[1] Section 184A, heading
Omit “RMS”. Insert instead “TfNSW”.
[2] Section 184A(1)
Omit the definition of RMS from section 184A(1). Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Section 184A(2)(b)
Omit “RMS”. Insert instead “the Roads and Traffic Authority”.
[4] Section 184A(2), note
Insert at the end of the subsection—Note—The excised land is now vested in TfNSW as the successor to the RTA and RMS.
[5] Section 184A(4)–(6) and (8)(a)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[6] Schedule 16, heading
Omit “RMS”. Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” wherever occurring in clause 5.1(2), except where firstly occurring.Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[1] Whole Act (except Schedule 3 and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[2] Section 3 Definitions
Omit the definition of Roads and Maritime Services or RMS from section 3(1).
[3] Sections 46H(2) and (3) and 62(2)
Omit “RMS or” wherever occurring.
[4] Section 46NA Meaning of “appropriate authority”
Omit paragraph (b) of the definition of .
[5] Sections 46R(2)(f)(ii) and 46W(2), (3), (6) and (7)
Omit the provisions.
[6] Sections 46W(5) and 47(1) and (2)
Omit “or RMS” wherever occurring.
[7] Section 47, heading
Omit “or RMS”.
[8] Section 66 Exclusion of liability of the State
Omit “the Chief Executive of Roads and Maritime Services or an officer of the Ministry of Transport, the Chief Investigator or Roads and Maritime Services”.Insert instead “the Secretary of the Department of Transport, a person employed in the Transport Service or a member of staff of the Chief Investigator”.
[1] Whole Act (except Schedule 3 and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[2] Section 4 Definitions
Omit the definition of Roads and Maritime Services or RMS from section 4(1).
[3] Section 12 Definitions
Omit the section.
[4] Sections 13(1)(a), 17(2) and (3)(a) and (b), 18(5)(c), 21, 22(1), 23(1), 26, 27, 33(2) and 35(1)(a)
Omit “the accrediting authority” wherever occurring. Insert instead “TfNSW”.
[5] Sections 17(4) and (5), 18(1) and (2), 19, 20(2) (including the note), 26(2) and (3) and 33(1) (including the note) and (3)
Omit “The accrediting authority” wherever occurring. Insert instead “TfNSW”.
[6] Section 20 Grants of accreditation
Omit “an accrediting authority” from section 20(1). Insert instead “TfNSW”.
[7] Section 20(2)
Omit “the authority”. Insert instead “TfNSW”.
[8] Section 24 Notice of accreditation decision
Omit “An accrediting authority” from section 24(1). Insert instead “TfNSW”.
[9] Sections 152(2)–(4), 153 and 170(1)(a)
Omit the provisions.
[10] Section 152 Appointment of authorised officers by TfNSW
Omit “and section 153” from section 152(5).
[11] Sections 152(5) and 170(3) and (4)
Omit “RMS,” wherever occurring.
[12] Sections 154, 156(1) and (3), 157(3), 166(6) (definition of “authorised officer”) and 169(3)
Omit “or RMS” wherever occurring.
[13] Sections 159(2)–(4), 171(1)–(3), 172(3) and 174(1)
Omit “RMS or” wherever occurring.
[14] Schedule 1 Investigation and inspection powers
Omit the definition of from clause 25.
[15] Schedule 1, clause 28
Omit “The appropriate authority for an authorised officer must pay compensation for any damage caused by the”.Insert instead “TfNSW must pay compensation for any damage caused by an”.
[16] Schedule 4 Amendment of Acts
Omit Schedule 4.12[14].
[17] Schedule 4.12[22A]
Insert after Schedule 4.12[22]—[22A] Schedule 1, clause 8F(4)Omit “section 46E of the Passenger Transport Act 1990”.Insert instead “section 150 of the Passenger Transport Act 2014”.
[1] Clauses 14(3)(b) and (4) and 27–30
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[2] Clause 29, heading
Omit “RMS”. Insert instead “TfNSW”.
[1] Whole Regulation (except clause 239B and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[2] Clauses 80(1)(d) and 90(2)(a)
Omit “RMS’s” wherever occurring. Insert instead “TfNSW’s”.
[3] Clause 239 Authorised officers
Omit “and (2)” from clause 239(1).
[4] Clause 239(1)(a)
Omit the paragraph.
[5] Clause 239(1)(g)
Omit “RMS or”.
[6] Clause 239(2)
Omit “or RMS (whichever of those statutory corporations appointed the person as an authorised officer)”.
[7] Clause 239A Delegation to authorised persons
Omit clause 239A(b).
Clause 18 Protected voluntary audit documents not admissible in certain proceedings or otherwise protected—section 83K
Omit clause 18(2)(i). Insert instead—(i) Transport for NSW,
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring.Insert instead “Transport for NSW”.
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1).Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Section 4, heading
Omit “the Authority”. Insert instead “TfNSW”.
[4] Sections 5 and 31, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[1] Clause 6, heading
Omit “Authority”. Insert instead “TfNSW”.
[2] Clause 6
Omit “The Authority”. Insert instead “Transport for NSW”.
[3] Clauses 8(1), 9(1)–(3) and 10
Omit “the Authority” wherever occurring. Insert instead “Transport for NSW”.
[1] Section 3 Definitions
Omit “Rail Infrastructure Corporation, Roads and Maritime Services” from paragraph (a) of the definition of in section 3(1).Insert instead “Transport for NSW”.
[2] Section 3(1), paragraph (a) of definition of “public authority”
Omit “, Transport Infrastructure Development Corporation”.
[1] Clause 8, heading
Omit “RMS”. Insert instead “Transport for NSW”.
[2] Clause 8
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Section 18 Management of land of other public authorities
Omit paragraph (b) of the definition of in section 18(5). Insert instead—(b) Transport for NSW constituted under the Transport Administration Act 1988,
[1] Section 3 Definitions
Omit the definition of RMS from section 3(1).
[2] Section 25 Dismissal or other victimisation of worker
Omit “RMS,” from the definition of in section 25(6).
[3] Section 130 Return of number-plates
Omit “RMS” from section 130(2). Insert instead “TfNSW”.
[4] Section 149 Exchange of information
Omit “or RMS” from paragraph (c) of the definition of relevant agency in section 149(5).
[1] Schedule 1 Adjustment assistance for taxi and hire vehicle industries
Omit “RMS” wherever occurring in clauses 1(1) (definition of taxi licence register), 5A(1)(e), 9(4)(d) and 16.Insert instead “TfNSW”.
[2] Schedule 1, clauses 10(d) and 10A(1)(d)
Omit “RMS,” wherever occurring.
[3] Schedule 1, clauses 10(e) and 10A(1)(e)
Omit the paragraphs.
Clause 87 Authorised officers
Omit “, Roads and Maritime Services” from clause 87(1)(c).
Section 96B Vetting of prospective members of NSW Police Force or consultants
Omit “Roads and Maritime Services” from section 96B(2)(c).Insert instead “Transport for NSW”.
Clause 6.5 Infrastructure—Pacific Highway access
Omit “Roads and Maritime Services” from clause 6.5(2).Insert instead “Transport for NSW”.
[1] Whole Act (except Schedule 5 and where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Long title
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[3] Section 3 Definitions
Omit the definition of the Authority from section 3(1).Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[4] Sections 33 and 41 and Part 4, Divisions 2 and 3, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[5] Section 34 Maritime Advisory Council
Omit “the Authority’s” from section 34(4)(b). Insert instead “TfNSW’s”.
[6] Part 4, heading
Omit “Roads and Maritime Services”. Insert instead “TfNSW”.
[7] Section 43B, heading
Omit “the Authority”. Insert instead “TfNSW or Port Authority of NSW”.
[8] Sections 43E(2) and (6) (definition of “landside precinct”), 43F(1)(b) and (2), 43G(2), (3) and (5)–(9), 85C, 85D(1), (2) and (4), 85E(1) and (3)–(5), 105B(3) and 105C(7)
Omit “, Transport for NSW” wherever occurring.
[9] Section 85A Access to wharves
Omit “or Transport for NSW” wherever occurring in the definition of and the note to that definition in section 85A(2).
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring.Insert instead “Transport for NSW”.
[2] Clause 19 Interpretation
Omit the definition of Transport for NSW or TfNSW from clause 19(1).
[3] Clauses 67G(2), 67H, 67ZB(2) and 67ZC
Omit “the Authority’s” wherever occurring. Insert instead “TfNSW’s”.
[4] Clauses 67K, 67ZI and 67ZK, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[5] Clauses 67Q (paragraph (b) of definition of “traffic control device”), 67S(1)(b), 67U(b) and 67ZM(2)
Omit “, Transport for NSW” wherever occurring.
[6] Clause 68A Delegation of certain functions of Minister
Omit the clause.
Section 3 Interpretation—key definitions
Omit paragraph (a) of the definition of associated port land. Insert instead—(a) Transport for NSW,
Sections 165(3) and 166(1) and Dictionary, definition of “marine authority”
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[1] Clauses 81(6)(n), 86(1) and 94(1)(b)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[2] Clause 81 Enforcement officers
Omit “a member of staff of Transport for NSW” from clause 81(6)(o).Insert instead “a person employed in the Transport Service”.
[3] Clause 81(6), note
Omit “See also section 68HA(5) of the Transport Administration Act 1988 in relation to references to the staff of Roads and Maritime Services and the staff of Transport for NSW.”.
[4] Clause 86, heading
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[5] Clause 86(2)
Omit the subclause. Insert instead—(2) In this clause—Transport for NSW means Transport for NSW constituted under the Transport Administration Act 1988.
Clause 29 Exemptions for emergency-related vehicles
Omit “Roads and Maritime Services, Transport for NSW,” from clause 29(c).Insert instead “Transport for NSW”.
[1] Section 154, heading
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[2] Sections 154(1)–(4) and 155(2)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Schedule 2 Exempt development
Omit “Roads and Maritime Services” from the matter under the heading “Street banners and sails on or over roads”.Insert instead “Transport for NSW”.
Sections 15 (definition of “approved”), 16, 17(1), 18, 19(1) and (3)(b), 21, 22, 30(2), 32(1) and (4), 41 and 43(a)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[1] Section 3 Definitions
Omit the definition of Authority.
[2] Section 3, definition of “Roads Fund”
Omit “Roads and Maritime Services”. Insert instead “TfNSW”.
[3] Section 5 Appropriated money subject to statutory trust for road funding
Omit “the Authority” and “The Authority” wherever occurring in section 5(1) and (3).Insert instead “Transport for NSW”.
4.84 Road Rules 2014
[1] Whole Rules (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Rules 155A(4–1), 157–1(4), 158(4) (definition of “special purpose vehicle”), 268(7), 268–1, 268–3(3) and 271(6) and Dictionary (definitions of “approved bicycle helmet”, “authorised person” and “emergency worker”)
Omit note 1.
[3] Rules 158(2), 218–1, 267(1), 289(1) and 294–3(1)
Omit “, and Authority is defined in the Act” wherever occurring in note 1.
[4] Rules 213–1(1), 222–2(5), 294–2(3) and 300–3(1)
Omit the notes.
[5] Rules 289(1) and 294–3(1)
Omit “Dictionary,” wherever occurring in note 1. Insert instead “Dictionary and”.
[6] Rule 267–1(5), note
Omit “Authority is defined in the Act.”.
[7] Dictionary, introductory note 1
Omit the first dot point.
[1] Whole Act (except Schedule 4 and where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Section 4 Definitions
Omit the definition of the Authority from section 4(1).Insert in alphabetical order—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[3] Part 3.1 and Part 4.1, Division 1, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[4] Sections 28, 62, 63, 65, 85, 204(5) and 277 and Schedule 2, clauses 8, 10, 11 and 17, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[5] Section 48(5) and Schedule 2, clause 20
Omit “Roads and Maritime Services Fund” wherever occurring.Insert instead “TfNSW Fund”.
[6] Section 57 Release of photographs prohibited
Omit section 57(1)(b). Insert instead—(b) in connection with the exercise of its functions under the Passenger Transport Act 2014, or
[7] Section 75 Direction to provide documents concerning use of interstate registered vehicles
Omit “the Authority or officer” wherever occurring in section 75(1).Insert instead “Transport for NSW or the officer”.
[8] Section 78 Use of dangerously defective motor vehicles
Omit “Authority’s” from section 78(6)(a). Insert instead “TfNSW’s”.
[9] Section 80(2) and Schedule 2, clause 10(5)
Omit “the Authority’s” wherever occurring. Insert instead “TfNSW’s”.
[10] Section 148U Delegation
Omit “Transport for NSW or”.
[11] Section 221C Application for removal of licence disqualifications
Omit “Roads and Maritime Services” from section 221C(3)(b).Insert instead “Transport for NSW”.
[12] Section 253 Protection from liability with respect to impounding, removal of number-plates and crash testing and other matters
Omit “the Authority,”.
[13] Section 258 Proof of appointments and signatures unnecessary
Omit paragraph (a) of the definition of office holder in section 258(3). Insert instead—(a) the Secretary of the Department of Transport, or
[14] Schedule 2 Registration charges for heavy vehicles
Omit “Authority” from clause 19(1)(a). Insert instead “Transport for NSW”.
[15] Schedule 2, clause 19(3)
Omit “Minister, Authority or”. Insert instead “Minister, Transport for NSW or the”.
[1] Whole Regulation (except clause 107)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Clauses 17(2), 22(1)(b), 29(1)(b), 36(2)(c), (5) and (6), 69(2)(b) and 114(3) and Schedule 3, item 6
Omit “the Authority’s” wherever occurring. Insert instead “TfNSW’s”.
[3] Clause 36(6)
Omit “The Authority’s”. Insert instead “TfNSW’s”.
[4] Clauses 35, 35A, 50, 65, 83, 94, 95, 105, 114 and 120, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[5] Clause 104, heading
Omit “Release of information to”. Insert instead “Use of information by”.
[6] Clause 104
Omit “The Authority may provide to Transport for NSW any information recorded in the driver licence register for the purpose of assisting Transport for NSW to exercise”.Insert instead “Subject to any limitation under clause 107, Transport for NSW may use information recorded in the driver licence register for the purpose of exercising”.
[7] Clause 107 Use of information for the purposes of the mandatory alcohol interlock program
Omit “The Authority or” from clause 107(1).
[1] Whole Regulation (except Schedule 2 and where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Clause 3 Definitions
Omit the definition of Authority guidelines from clause 3(1). Insert in alphabetical order—TfNSW guidelines means guidelines in force under clause 83.
[3] Clauses 7, 45, 50K, 83, 97, 107 and 141, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[4] Clause 53 Manner of approval of aspects of data recording and related matters
Omit “the Chief Executive of the Authority or by another person” from clause 53(b).Insert instead “a person”.
[5] Clauses 55(1)(b) and 59(1)(b)
Omit “the Chief Executive of the Authority, or by another person” wherever occurring.Insert instead “a person”.
[6] Clauses 60(2)(a), (4) and (8), 66(1), (2)(a), (4) and (7), 73(1), (2)(a) and (4), 78(1), (2)(a) and (4) and 82(1)
Omit “Authority guidelines” wherever occurring. Insert instead “TfNSW guidelines”.
[7] Clause 79(b)
Omit “the Authority guidelines”. Insert instead “TfNSW guidelines”.
[8] Clause 83(2) and (3)
Omit “an Authority” wherever occurring. Insert instead “a TfNSW”.
[9] Clause 140, heading
Omit “Authority’s”. Insert instead “TfNSW’s”.
[10] Schedule 4 Authorised officers
Omit the definitions of Class 2 officer, Class 4 officer and Class 16 officer.Insert in alphabetical order—Class 2 officer means a person—(a) employed in the Transport Service who is appointed as a class 2 enforcement officer, or(b) who is subject to the control and direction of Transport for NSW as a class 2 enforcement officer.Class 4 officer means a person—(a) employed in the Transport Service who is appointed as a class 4 enforcement officer, or(b) who is subject to the control and direction of Transport for NSW as a class 4 enforcement officer.Class 16 officer means a person employed in the Transport Service who is appointed as a Traffic Commander or a Transport Commander.
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit “the Authority” and “The Authority” wherever occurring (including in any notes).Insert instead “Transport for NSW”.
[2] Clauses 23, 24, 38, 45, 70, 74 and 86, Part 8, Division 4 and Schedule 2, clause 11E, headings
Omit “Authority” wherever occurring. Insert instead “TfNSW”.
[3] Clauses 41, 123N, 123O, 123P and 123Q, headings
Omit “the Authority” wherever occurring. Insert instead “TfNSW”.
[4] Clause 45(1)(d), note
Omit “RMS”. Insert instead “TfNSW”.
[5] Clauses 64(2)(a) and 85(3)
Omit “the Authority” wherever occurring. Insert instead “TfNSW”.
[6] Clauses 64(2)(c), 105(1)(c)(ii), 119(1)(b), 121(1)(d), 123J(1)(c)(ii), 123Y(1)(b) and 123ZA(1)(c)
Omit “the Authority’s” wherever occurring. Insert instead “TfNSW’s”.
[7] Clause 66 Directed inspections
Omit “police officer” wherever occurring in clause 66(2) and (3).Insert instead “the police officer”.
[8] Dictionary
Omit the definition of Authority standard compliance specifications.Insert in alphabetical order—TfNSW standard compliance specifications means any specifications that Transport for NSW, by order published in the Gazette, has declared to be specifications the compliance with which will be taken to be compliance with the applicable vehicle standards for the purposes of clause 64 or 85.
4.89 Roads Act 1993 No 33
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit “RMS” and “RMS’s” wherever occurring.Insert instead “TfNSW” and “TfNSW’s”, respectively.
[2] Section 32B Definitions
Omit paragraph (g) of the definition of in section 32B(1).
[3] Dictionary
Omit the definitions of RMS, RMS development land and RMS Fund.Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.TfNSW development land means land that is declared by TfNSW to be land to which section 161 applies.TfNSW Fund means the TfNSW Fund established under the Transport Administration Act 1988.
[1] Whole Regulation (except Schedule 1 and where otherwise amended by this Subschedule)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[2] Clause 74 Authority to enter land
Omit “member of staff of RMS who holds the position of Executive Director” from clause 74(b).Insert instead “person employed in the Transport Service who is authorised for the purposes of that section by TfNSW”.
[3] Clause 75 Evidentiary certificates
Omit “member of staff of RMS” from clause 75(c).Insert instead “person employed in the Transport Service”.
[4] Schedule 1 Roads authorities
Omit “RMS is declared” wherever occurring. Insert instead “TfNSW is declared”.
Section 100A Definitions
Omit paragraph (c) of the definition of managed land in section 100A(1).Insert instead—(c) that is vested in, or under the control of, Transport for NSW, Sydney Metro, Transport Asset Holding Entity of New South Wales or Residual Transport Corporation of New South Wales, or
Standard Instrument, Clause 5.1 Relevant acquisition authority [compulsory]
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[1] Clause 4 Definitions
Omit the definition of RMS from clause 4(1).
[2] Clauses 4(1) (paragraph (c) of definition of “transport corridor land”), 12, 16(1), 17(3)(c), 18(2)–(4) and 31
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[3] Clause 15 Advertisements on rural or non-urban land
Omit “the Roads and Traffic Authority” from clause 15(2)(a)(ii).Insert instead “TfNSW”.
[4] Clause 33 Exempt development
Omit “RMS,”.
4.94 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017
[1] Clause 13 Consultation with public authorities other than councils
Omit “Roads and Maritime Services” from clause 13(3).Insert instead “Transport for NSW”.
[2] Clause 57 Traffic-generating development
Omit “Roads and Maritime Services (RMS)” from clause 57(2)(a).Insert instead “Transport for NSW (TfNSW)”.
[3] Clause 57(3)(a) and (4)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
Clauses 2.114(d)(xiii)(A) and 5.22(c)(i)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[1] Clause 5 Interpretation—general
Insert in alphabetical order in clause 5(2)—Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Clauses 16(2)(e), 68(1)(a), 70, 71(1), 72(i)(ii) and 129C(1)
Omit “Roads and Maritime Services” wherever occurring.Insert instead “Transport for NSW”.
[3] Clause 93 Definitions
Omit the definition of RMS.
[4] Clause 93, definition of “road infrastructure facilities”
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[5] Clause 100 Development on proposed classified road
Omit “the chief executive officer of RMS” wherever occurring in clause 100(1), (2)(a), (3) and (5).Insert instead “TfNSW”.
[6] Clauses 100(3)(b) and (c) and (4), 102(1), 103(2)(a) and (3) and 104(2A), (3) and (4)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[7] Schedule 3, heading
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[1] Appendix 4 Alex Avenue and Riverstone Precinct Plan 2010
Omit “Roads and Traffic Authority” from clause 5.1(2).Insert instead “Transport for NSW”.
[2] Appendix 5 Marsden Park Industrial Precinct Plan
Omit “Roads and Traffic Authority” wherever occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[3] Appendix 6 Area 20 Precinct Plan
Omit “Roads and Traffic Authority” from clause 5.1(2).Insert instead “Transport for NSW”.
[4] Appendix 7 Schofields Precinct Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[5] Appendix 8 Liverpool Growth Centres Precinct Plan
Omit “Roads and Maritime Services” wherever occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[6] Appendix 9 Camden Growth Centres Precinct Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[7] Appendix 10 Campbelltown Growth Centres Precinct Plan
Omit “Roads and Maritime NSW” from clause 5.1(2).Insert instead “Transport for NSW”.
[8] Appendix 11 The Hills Growth Centre Precincts Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[9] Appendix 12 Blacktown Growth Centres Precinct Plan
Omit “Roads and Maritime Services” wherever occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[10] Appendix 13 Hawkesbury Growth Centres Precinct Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[11] Appendix 14 South East Wilton Precinct Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[12] Appendix 15 North Wilton Precinct Plan
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
Clause 4 Definitions
Omit “Roads and Maritime Services” from the definition of Channel User Licence Agreement in clause 4(1).Insert instead “Transport for NSW”.
Clause 28 Relevant acquisition authority
Omit “Roads and Maritime Services” from clause 28(2).Insert instead “Transport for NSW”.
Schedule 2 Exempt development
Omit “RMS” from the note under the heading “Street art”.Insert instead “Transport for NSW”.
[1] Clause 5.1 Relevant acquisition authority
Omit “Roads and Traffic Authority” from clause 5.1(2).Insert instead “Transport for NSW”.
[2] Schedule 2 Exempt development
Omit “RMS” from the note under the heading “Street art”.Insert instead “Transport for NSW”.
[1] Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[2] Schedule 2 Exempt development
Omit “RMS” from the note under the heading “Street art”.Insert instead “Transport for NSW”.
[1] Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” from clause 5.1(2).Insert instead “Transport for NSW”.
[2] Schedule 2 Exempt development
Omit “RMS” from the note under the heading “Street art”.Insert instead “Transport for NSW”.
Schedule 2 Exempt development
Omit “RMS” from the note under the heading “Street art”.Insert instead “Transport for NSW”.
[1] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
[2] Sections 19(7), 41(5) and (6), 42 and 45 (including note)
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
[3] Section 45
Omit “section 50”. Insert instead “section 3I”.
[1] Clause 54A Temporary use of land for the purpose of a school at Wentworth Park
Omit “RMS” wherever occurring in clause 54A(4).Insert instead “TfNSW”.
[2] Clause 54A(5)
Omit the definition of RMS. Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.
Section 36 Exchange of information
Omit “or Roads and Maritime Services” from paragraph (c) of the definition of relevant agency in section 36(4).
Clause 12 Additional information and requirements for applications for licences
Omit “Roads and Maritime Services” from the definition of NSW driver licence in clause 12(2).Insert instead “Transport for NSW constituted under the Transport Administration Act 1988”.
Clause 6 Prescribed circumstances
Omit item 18 of the table to clause 6(2).
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
[1] Section 57 Tow Truck number plates
Omit “Truck” from the section heading. Insert instead “truck”.
[2] Section 57(1)
Omit “Roads and Maritime Services”.Insert instead “Transport for NSW”.
Section 3A Metropolitan rail area
Omit “also lodged in the office of Transport NSW” from section 3A(1).Insert instead “held by TfNSW”.
Clause 20 Further additional classes of persons to whom TfNSW may delegate functions
Omit “RMS” wherever occurring. Insert instead “TfNSW”.
Clause 4 Crown lease restricted land
Omit clause 4(e). Insert instead—(e) Transport for NSW constituted under the Transport Administration Act 1988,
Section 75 Access to information about whereabouts of defendant
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
[1] Schedule 4 Exemptions
Omit “Maritime Authority” from the heading to clause 19.Insert instead “Transport for NSW”.
[2] Schedule 4, clause 19(a)
Omit “Roads and Maritime Services”. Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly and thirdly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly and thirdly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Clause 5.1 Relevant acquisition authority
Omit “Roads and Maritime Services” where secondly and thirdly occurring in clause 5.1(2).Insert instead “Transport for NSW”.
Schedule 6 Maximum costs—compensation matters
Omit “Roads and Maritime Services” from clause 17(a).Insert instead “Transport for NSW”.
Schedule 5 Repeals
Repeal of redundant instruments
The following Acts and instrument, and provisions of an Act are repealed—
Schedule 6 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 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
Unless 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
Unless 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 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 relating to incidental matters arising out of the proposed Act.