An Act to amend the Public Works and Procurement Act 1912, the Subordinate Legislation Act 1989, the Western Sydney University Act 1997 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 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Minor amendments
Section 5B
Insert after section 5A—5B Delegation by Minister or Constructing Authority(1) The Minister may delegate any of the Minister’s functions under this Act, other than this power of delegation, to—(a) a government agency, or a government agency employee, or(b) a person, or a class of persons, authorised for the purposes of this subsection by the regulations.(2) The Constructing Authority may delegate any of the Constructing Authority’s functions under this Act, other than this power of delegation, to—(a) a government agency, or a government agency employee, or(b) a person, or a class of persons, authorised for the purposes of this subsection by the regulations.(3) In this section—government agency has the same meaning as in Part 11.government agency employee has the same meaning as in Part 11.
[1] Schedule 3 Matters not requiring regulatory impact statements
Insert instead “Motor Sports Events Act 2022”.
[2] Schedule 5
Omit the Schedule. Insert instead—Schedule 5 Further postponement of repeal of statutory rulessection 10A(1)1 Postponement of repeal of Poisons and Therapeutic Goods Regulation 2008The Poisons and Therapeutic Goods Regulation 2008 remains in force until 1 September 2024, unless sooner repealed.2 Postponement of repeal of statutory rules until 1 September 2023The following statutory rules remain in force until 1 September 2023, unless sooner repealed—
Schedule 1 Provisions relating to members and procedure of Board
Omit clause 7(2A). Insert instead—(2A) At a meeting of a committee constituted by the Board, the following committee member is to preside—(a) a member of the Board appointed by the Board, or(b) if no member is appointed or in the absence of the appointed member—a Board member elected by and from the committee members present.
Schedule 2 Amendments by way of statute law revision—miscellaneous amendments
Clause 6.15, heading
Omit “ratio—”. Insert instead “ratio”.
[1] Land Use Table
Omit “Correctional centres;;” from Zone RU1 Primary Production, item 4.Insert instead “Correctional centres;”.
[2] Land Use Table, Zone RU2 Rural Landscape, item 4
Omit “Crematoria;;”. Insert instead “Crematoria;”.
Clause 45 Casino precincts—the Act, s 81(4)
Omit “this section” from clause 45(2). Insert instead “this clause”.
Section 53 Conditions of parole generally
Omit “Parts” from section 53(5). Insert instead “Part”.
Clause 148A Exchange of information with Commissioner of Fines Administration
Relocate the clause to after clause 148AC in Part 12A.
[1] Section 8G Meaning of “prescribed agency”
Renumber paragraphs (f)–(i) as (e)–(h).
[2] Section 27 Who must give report of reportable allegation or conviction
Omit “employer,,” from section 27(3). Insert instead “employer,”.
Section 40 Certain unlawful absences not to affect length of sentence
Omit “,, and” from section 40(1)(c). Insert instead “, and”.
Schedule 4A Energy security safeguard schemes
Omit “a a” from clause 144A(2)(b). Insert instead “a”.
Section 47A Disclosure of prejudicial terms relating to supply of goods or services
Omit “supply or goods” from section 47A(3)(d).Insert instead “supply of goods or services”.
[1] Section 50AA Responsibility to pay for removing obstruction of gas works
Renumber section 50AA(3)(b)(a) and (b) as (i) and (ii), respectively.
[2] Section 50AB Responsibility to pay for repairs to gas works
Renumber section 50AB(3)(b)(a) and (b) as (i) and (ii), respectively.
Schedule 5 Amendment of other legislation
Omit proposed section 18AA from Schedule 5.2[7].
[1] Section 15A Unqualified mechanical services and medical gas work
Omit “work declared to be refrigeration work or air-conditioning work by the regulations under the Home Building Act 1989” from section 15A(5)(b).Insert instead “work declared by the regulations to be refrigeration work or air-conditioning work”.
[2] Section 15A(5)(c)
Omit “within the meaning of the Home Building Act 1989”.
Sections 18(2), 21(2) and 25(2)
Omit “Premier’s” wherever occurring. Insert instead “Minister’s”.
Appendix NSW Ministerial Code of Conduct
Omit “Part 2, Division 7” from the Schedule to the NSW Ministerial Code of Conduct, clause 16A(2), definition of property developer.Insert instead “Part 3, Division 7”.
Section 10 Land exempted from tax
Omit “, 10G” from section 10(1).
Section 159 Regulations
Renumber section 159(2)(f4) and (f4) as section 159(2)(f4) and (f5), respectively.
Clause 48D Conditions of pop-up licences
Omit “Authority,” from clause 48D(2)(b). Insert instead “Authority, or”.
Schedule 5 Environmental heritage
Insert “Significance” and “Item no” as headings to Part 3, columns 5 and 6, respectively.
Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts
Omit “Modern Slavery Amendment Bill 2021” from the heading to Part 42.Insert instead “Modern Slavery Amendment Act 2021”.
Schedule 1 Elections for members of local boards
Omit “or or” from clause 45. Insert instead “or”.
Section 14 Consent by mortgagor to exercise of rights, powers, and remedies by mortgagee
Omit “or or” from section 14(4)(a). Insert instead “or”.
Schedule 3 Savings, transitional and other provisions
Omit “section 73(7)” from clause 77(2). Insert instead “section 73B(7)”.
[1] Land Use Table
Omit “Take away food and drink premises” from Zone B1 Neighbourhood Centre, item 3.Insert instead “Take away food and drink premises;”.
[2] Schedule 5 Environmental heritage
Omit “Whitely” from Part 1, item I0360. Insert instead “Whiteley”.
Section 5A Minister may require certain pipelines to be licensed
Renumber section 5A(3)(i) and (ii) as (a) and (b), respectively.
Clause 25 Multi dwelling housing—matters for consideration
Omit “and, and” from clause 25(c). Insert instead “and”.
Section 28J Liability of Authority, State and others
Omit “Authority any members” from section 28J(2).Insert instead “Authority, any members”.
Section 51 Compliance cost notices
Omit “lead” from section 51(2)(c). Insert instead “led”.
Schedule 5 Environmental heritage
Omit “including and” from Part 1, Item 9. Insert instead “including”.
[1] Clause 2.30AD, heading
Omit the heading. Insert instead—2.30AD Development standards
[2] Clause 2.30AD(1)(b)
Insert “and” after “premises,”.
[3] Clause 2.30AD(2)
Omit “Liquor Act 2017”from the definition of existing relevant condition, paragraph (c).Insert instead “Liquor Act 2007”.
Section 45 Interpretation
Omit “(1)”.
[1] Schedule 2 Consequential amendments to other legislation
Omit “Local Government (General) Regulation 2005” from the heading to Schedule 2.10.Insert instead “Local Government (General) Regulation 2021”.
[2] Schedule 2.10
Omit “Clause” and “clause” wherever occurring.Insert instead “Section” and “section”, respectively.
[1] Schedule 2 Conditions for retail suppliers’ licences
Omit “(1)” from section 9.
[2] Schedule 2, section 14(4)
Omit “section 9(1)(a)(i)”. Insert instead “section 9(a)(i)”.
Clause 6.13 Development of the War Memorial Hospital Campus at Edina Estate, Waverley
Omit “NatHERSmeans” from clause 6.13(6), definition of NatHERS.Insert instead “NatHERS means”.
Section 353 Appeal against decision of Commission constituted by presidential member
Omit “Presidential member” wherever occurring in section 353(1) and (2).Insert instead “presidential member”.
Schedule 3 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, taken to have effect as from the commencement of the amending provision, whether or not the amending provision has been repealed.(2) In this section—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 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.
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, oran 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 amended or repealed.(b) repeals and re-enacts, with or without modification, a provision of an Act or an instrument,
3 Effect of amendment on instruments
Unless expressly provided to the contrary, an 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.
4 Revocation of repeal
The Interpretation Act 1987, section 29A applies to the repeal of Acts or instruments, or provisions of Acts or instruments, by this Act.
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.(2) The provisions 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 the provisions take effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate—(a) to affect, in a way prejudicial to a person, other than the State or an authority of the State, the rights of the person existing before the date of its publication, or(b) to impose liabilities on a 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.