An Act to repeal an Act and instrument and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2022.
2 Commencement
This Act commences on 13 January 2023.
Schedule 1 Minor amendments
Section 61 Service of notices
Omit section 61(c). Insert instead—(c) by electronic transmission to an address or location specified by the person for the service of notices of that kind.
[1] Section 72 Application for cancellation
Insert after section 72(1)—(1A) The association must pass a special resolution approving the application before applying to the Secretary.
[2] Section 72(2)
Omit the subsection. Insert instead—(2) The application must—(a) be in the approved form, and(b) include a copy of the special resolution.
[3] Section 72(3)
Omit “subsection (2)”. Insert instead “subsection (2)(a)”.
[1] Section 313 Claims
Omit “a manner required by the Secretary” from section 313(b).Insert instead “an approved manner”.
[2] Schedule 2 Prohibited matter
Omit the matter relating to Tilapia spp. (all species except T. buttikoferi) from Part 1.Insert in alphabetical order under the heading “Pest Marine and Freshwater Finfish”—
Section 16A Partnerships
Insert after section 16A(2)—(3) For a firm taken to be a corporation under subsection (2)—(a) each partner of the firm is taken to be a director of the corporation, and(b) the managing partner or chief executive of the firm, however styled, is taken to be the company secretary of the corporation.
[1] Sections 25(3)(a) and (b), 26(2)(a) and (b), 69(5)(b) and 110(4) and (5)
Omit the provisions.
[2] Section 30 Association may grant or accept relevant interest
Omit “burdens” from section 30(1)(c). Insert instead “benefits”.
[3] Section 30(2)(b)
Omit “benefits”. Insert instead “burdens”.
[4] Section 103 Application of Act to electronic plans and documents
Omit “certificate of title or” from section 103(6), definition of document.
[1] Section 14 Documents and records to be provided to association at first AGM
Omit “certificates (other than certificates of title for lots)” from section 14(1)(a).Insert instead “certificates,”.
[2] Section 14(1)(c)
Omit “the certificate of title for the association property,”.
[3] Section 138 Civil penalty for breach of by-laws
Insert “made under section 129” after “by-law” in section 138(3).
[4] Sections 172(f) and 205(1)(b) and (2)
Omit the provisions.
[1] Section 89 Confidentiality of certain information
Insert “or address” after “name” in section 89(7).
[2] Schedule 3 Savings and transitional provisions
Omit “the commencement of the section” from clause 9(1). Insert instead “1 July 2020”.
[1] Section 51 Service of documents
Omit section 51(1)(a)(iii). Insert instead—(iii) sending the document by email to an email address specified by the person for the service of documents, or
[2] Section 51(1)(b)(ii)
Omit the subparagraph. Insert instead—(ii) sending the document by email to an email address specified by the body corporate for the service of documents.
[1] Section 52 Variation, suspension or cancellation of registration generally
Insert “varied,” before “cancelled” in section 52(1)(g).
[2] Section 52A
Insert after section 52—52A Variation of registration(1) Division 1 applies to an application by a registered practitioner to vary the practitioner’s registration in the same way it applies to an application for the grant of registration.Note—For applications for a cancellation or suspension of registration—see section 62.(2) The regulations may make provision, including different provision, about the same matters in relation to an application to vary registration as in relation to an application for the grant of registration.Example—A fee to be paid for an application to vary registration that is different from the fee to be paid for an application for the grant of registration.(3) If a variation of registration results in a registered practitioner being registered in an additional class, the registration in the additional class remains in force for the period specified by the Secretary in the notice by which the registration is varied, unless sooner cancelled.
[1] Clause 43, heading
Omit “variation, suspension or cancellation”. Insert instead “suspension”.
[2] Clause 43(1) and (1A)
Omit the subclauses.
[1] Section 65 Exemptions from duty
Omit “Part V of the National Health Act 1953 of the Commonwealth” from section 65(16)(c).Insert instead “the Aged Care Act 1997 of the Commonwealth, Chapter 3A”.
[2] Section 108 Person liable to pay call option assignment duty
Omit “No duty is payable at this point” from the note.Insert instead “A must pay duty on the dutiable value of the option, as determined under Chapter 2”.
[3] Section 252 Register of insurers
Omit section 252(2). Insert instead—(2) The register must be made publicly available on the website of Revenue NSW.
Schedule 4A Energy security safeguard schemes
Omit “authorised officer” wherever occurring in clauses 71B(4) and (6) and 136C(4) and (6).Insert instead “compliance officer”.
Section 51 Service of notices
Omit section 51(c). Insert instead—(c) by electronic transmission to an address or location specified by the person for the service of notices of that kind, or
[1] Section 4 Definitions
Omit section 4(1), definitions of noxious fish and noxious marine vegetation.
[2] Section 4(4)
Insert “, or in a regulation or another instrument made under this Act,” after “reference in this Act”.
[3] Section 4(4)
Insert “, the regulation or the instrument” after “fish in this Act”.
[4] Section 34A Definitions
Omit paragraphs (a) and (b) of the definition of official receipt.Insert instead—(a) if the fishing fee was paid in person—(i) the hard copy receipt, or a copy of the receipt, issued as evidence of payment, or(ii) a photo, including a photo on a smartphone or other mobile device, of the receipt that clearly displays the information on the receipt, or(b) if the fishing fee was paid over the telephone or by electronic means—(i) the receipt number issued as evidence of payment, or(ii) a photo, including a photo on a smartphone or other mobile device, of the receipt that clearly displays the information on the receipt, or
[5] Section 95 Cancellation or forfeiture of shares to be noted in Share Register
Omit “, forfeited or otherwise ceases to have effect” from section 95(1).Insert instead “or forfeited”.
[6] Section 125 Definition of “relevant authority”
Omit section 125(d).
[7] Section 152 Conditions of permits
Omit “the destruction of noxious fish and” from section 152(2)(d).
[8] Section 154 Register of permits
Omit “providing a computer print-out or providing access to a computer terminal that can be used to view the register” in section 154(6).Insert instead “making the register, or that part kept by computer, available on the website of the Department”.
[9] Section 160 Power to cancel or suspend a permit after a hearing
Omit section 160(1)(c).
[10] Section 227 Delegation by Minister
Insert after section 227(2)—(3) A delegation under this section must be notified by publication of the instrument of delegation in the Gazette.
[11] Section 228 Delegation by Secretary
Insert after section 228(2)—(2A) A delegation or subdelegation under this section must be notified by publication of the instrument of delegation or subdelegation in the Gazette.
[12] Section 284 Public consultation procedure
Omit section 284(2). Insert instead—(2) In order to give the public an opportunity to make submissions on a matter in subsection (1), the person or body to whom the requirement applies must—(a) publish the following on the Department’s website—(i) the matter that is subject to consultation,(ii) the date by which submissions must be made, and(b) allow a period of not less than 30 days for public comment.(2A) A person or body may take other steps the person or body considers reasonable to bring a matter in subsection (1) to the attention of the following persons or class of persons—(a) members of the public generally,(b) if the matter relates to a particular area only—members of the public in or near the area.
[1] Clause 19 Payment obligation
Omit “Act, or” from clause 19(b). Insert instead “Act.”
[2] Clause 19(c)
Omit the subclause.
[3] Clause 61 Information to be specified on containers of shellfish and other aquaculture products for sale
Omit “and noxious fish” from clause 61(1).
Clause 4 Definitions of fish species
Omit clause 4(2), including the note.
1.17 Food Act 2003 No 43
Section 137 Service of documents
Omit section 137(1)(e). Insert instead—(e) by electronic transmission to an address or location specified by the person for the service of documents of that kind,
Schedule 3 Game animals
Omit “Grey Teal (Anas gibberifrons)” from Part 1A.Insert instead “Grey Teal (Anas gracilis)”.
[1] Schedule 1 Health Privacy Principles
Insert after clause 10(4)—(4A) If health information is used under subclause (1)(b1), the organisation—(a) must not hold the information for longer than 18 months, unless extenuating circumstances apply or consent has been obtained, and(b) if the organisation is a law enforcement agency—must not use the information for the purpose of prosecuting an offence.
[2] Schedule 1, clause 11(5A)
Insert after clause 11(5)—(5A) If health information is disclosed under subclause (1)(b1), the organisation—(a) must not hold the information for longer than 18 months, unless extenuating circumstances apply or consent has been obtained, and(b) if the organisation is a law enforcement agency—must not use the information for the purpose of prosecuting an offence.
[3] Schedule 1, clause 16
Omit the clause.
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)—means a person appointed by the Secretary under section 18.
[2] Section 3(1), definition of “inspector”
Omit the definition.
[3] Sections 11, 15(2)(a), 16(1) and (3) and 36(2)
Omit “revoked” wherever occurring. Insert instead “cancelled”.
[4] Sections 15(1) and 16(4)
Omit “revoking” wherever occurring. Insert instead “cancelling”.
[5] Section 16, heading
Omit “Revocation”. Insert instead “Cancellation”.
[6] Section 16(3)
Omit “revocation”. Insert instead “cancellation”.
[7] Sections 16(2) and 38(c)
Omit “revoke” wherever occurring. Insert instead “cancel”.
[8] Sections 17–21, 23, 25–33, 40(1)(d) and 45(6), definition of “authorised officer”
Omit “inspector”, “inspector’s” and “inspectors” wherever occurring.Insert instead “authorised officer”, “authorised officer’s” and “authorised officers”, respectively.
[9] Section 28 Search warrants
Omit “authorised officer” from section 28(1) and (2). Insert instead “issuing officer”.
[10] Section 28(4)
Omit the definition of . Insert instead—issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
[11] Section 42 Service of documents
Omit section 42(1)(a)(iii). Insert instead—(iii) electronic transmission to an address or location specified by the person for the service of documents of that kind, or
[12] Section 42(1)(b)(ii)
Omit the subparagraph. Insert instead—(ii) electronic transmission to an address or location specified by the body corporate for the service of documents of that kind.
[13] Section 45 Penalty notices
Omit section 45(6), definition of . Insert instead—includes a police officer.Note—An authorised officer is also defined in section 3 to mean a person appointed by the Secretary under section 18.
[1] Clauses 8, heading and 11(4)
Omit “revocation” wherever occurring. Insert instead “cancellation”.
[2] Clauses 8 and 11(4)
Omit “revoked” wherever occurring. Insert instead “cancelled”.
Section 664 Disclosure and misuse of information
Omit section 664(1B)(d). Insert instead—(d) an agenda, resolution or recommendation of a meeting that is open access information under the Government Information (Public Access) Act 2009, Part 3.
Section 209 Service of documents
Omit section 209(1). Insert instead—(1) A document may be served on Local Land Services by—(a) leaving it at, or sending it by post to, an office of Local Land Services, or(b) sending it by electronic transmission to an address or location specified by Local Land Services for the service of documents of that kind.
Section 125 Grounds of cancellation of authorities
Omit “cancelled” from section 125(2). Insert instead “retained”.
[1] Schedule 1 Amendment of Mining Act 1992 No 29
Omit “section 261BC(7)(b)” from Schedule 1[99], proposed section 261BB(2)(b).Insert instead “section 261BC(7)(a)”.
[2] Schedule 1[104], proposed section 261BF(2)(b)
Omit “section 261BC(7)(b)”. Insert instead “section 261BC(7)(a)”.
[3] Schedule 1[123], proposed section 292Y(3)
Renumber the paragraphs in Schedule 1[123], proposed section 292Y(3) as (a)–(h).
[4] Schedule 1[178], proposed Schedule 6, clause 190(2)
Omit “refuse”. Insert instead “reject”.
[5] Schedule 1[178], proposed Schedule 6, clause 190(2)
Omit “refusal”. Insert instead “rejection”.
[6] Schedule 2 Amendment of Petroleum (Onshore) Act 1991 No 84
Renumber the paragraphs in Schedule 2[30], proposed section 67(3) as (a) and (b).
[7] Schedule 2[85], proposed section 138(1)(g2)
Renumber the subparagraphs as (i) and (ii).
[8] Schedule 2[86], proposed section 146(1)
Omit “refused”. Insert instead “rejected”.
[9] Schedule 2[86], proposed section 146(1)(d)
Omit “refusal”. Insert instead “rejection”.
[10] Schedule 2[91], proposed Schedule 1, clause 78(2)
Omit “refuse”. Insert instead “reject”.
[11] Schedule 2[91], proposed Schedule 1, clause 78(2)
Omit “refusal”. Insert instead “rejection”.
[1] Section 5 Board of Regulator
Omit “3 members” from section 5(2).Insert instead “at least 3, but not more than 5, members”.
[2] Schedule 1 Members and procedure of Board
Omit “all of the” from clause 12. Insert instead “3”.
[1] Section 63 Regulations
Insert after section 63(2)(g)(iv)—(v) matters relating to the issue of driver authority cards to persons authorised to drive public passenger vehicles, including information to be displayed on the cards and the form and display of the cards, and
[2] Section 63(2)(m)
Omit the paragraph.
[1] Section 23 Value of shares and options
Omit “Income Tax Assessment Regulations 1997” from the note to section 23.Insert instead “Income Tax Assessment (1997 Act) Regulations 2021”.
[2] Schedule 2 NSW specific provisions
Omit “21 days” from clause 21(1). Insert instead “28 days”.
Section 69 Service of notices
Insert at the end of section 69(c)—, or(d) by electronic transmission to an address or location specified by the person for the service of notices of that kind.
Section 43 Service of documents
Omit section 43(1)(e). Insert instead—(e) by electronic transmission to an address or location specified by the person for the service of documents of that kind,
Section 196 Power to suspend licence or certificate of registration when show cause notice served
Omit section 196(3)(a). Insert instead—(a) the suspension relates to a failure to comply with section 111(1)—in which case the suspension may be imposed until—(i) the relevant records and documents are caused to be audited as required by the subsection, and(ii) the auditor appointed to make the audit provides a copy of the report on the audit to the Secretary in accordance with section 116(1), or
Section 4 Standard public holidays
Omit “Queen’s” from section 4(h). Insert instead “King’s”.
[1] Section 4 Definitions
Omit section 4(1), definition GVM (gross vehicle mass), paragraphs (a) and (b).Insert instead—(a) as stated on the RAV for the vehicle, or(b) if the GVM is not stated on the RAV—as stated by the vehicle’s manufacturer on an identification plate on the vehicle, or(c) if the GVM is not stated on the RAV or on the vehicle’s identification plate, or if there is a specification on an identification plate on the vehicle but the specification is not appropriate because the vehicle has been modified—as certified by Transport for NSW.
[2] Section 4(1)
Insert in alphabetical order—identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1).
[3] Section 82 Definitions
Omit “compliance plate” from section 82, definition of vehicle identifier, paragraph (a).Insert instead “identification plate, or as stated on the RAV for the vehicle,”.
[4] Schedule 2 Registration charges for heavy vehicles
Omit the definitions of identification plate and RAV from Schedule 2, clause 1.
Section 51 Service of documents
Insert after section 51(2)—(2A) A document, including a notice, may also be served on the Authority or another person by electronic transmission to an address or location specified by the Authority or person for the service of documents of that kind.
[1] Section 43 Offences relating to advertising
Omit section 43(3).
[2] Section 60A Penalty notices
Omit section 60A(6). Insert instead—(6) In this section—means an authorised officer under the Biosecurity Act 2015.
[3] Section 62 Service of notices
Omit section 62(a)(iii). Insert instead—(iii) by electronic transmission to an address or location specified by the person for the service of notices or orders of that kind, or
[4] Section 62(b)(ii)
Omit the subparagraph. Insert instead—(ii) by electronic transmission to an address or location specified by the body corporate for the service of notices or orders of that kind.
Section 28 Relevant charges due to receiver
Insert “carriage,” after “any” in section 28(1)(b).
[1] Section 94 How notice is to be given
Omit section 94(1)(b). Insert instead—(b) by electronic transmission to an address or location specified by the person for the service of notices of that kind, or
[2] Section 95 Service of documents on Board
Omit section 95(1)(b). Insert instead—(b) by electronic transmission to an address or location specified by the Board for the service of documents of that kind, or
[1] Section 43 Duration of management plans
Omit “from” wherever occurring in section 43(1). Insert instead “commencing on”.
[2] Section 43(2)
Omit “Within the fifth year after it was made”.Insert instead “In the 5 years before its expiry”.
[3] Section 68A Amendment of share or extraction components of access licences and other actions by Minister
Omit “The Minister may, in such a case, grant a new access licence specifying the share component to which the specific purpose access licence no longer applies.” from section 68A(1C).
[4] Section 368 Appeals to Land and Environment Court
Insert before section 368(1)(o)—(n1) a decision in relation to a bore driller’s licence, being a decision prescribed by the regulations for the purposes of this paragraph,Examples—The following kinds of decisions may be prescribed—(a) decisions to refuse to grant a bore driller’s licence,(b) decisions to grant a bore driller’s licence subject to a condition,(c) decisions to vary a condition of a bore driller’s licence,(d) decisions to suspend or cancel a bore driller’s licence.
[5] Section 400 Regulations
Insert at the end of section 400(1)(e)—, and(f) the regulation of vessels and works on or along the Murray River, including the following—(i) the regulation and control of vessels at or near locks, weirs and other works,(ii) the management and control of works.
[6] Dictionary
Omit “, the grant of an access licence” from the definition of Ministerial action, paragraph (d1).
Schedule 2 Amendments by way of statute law revision—miscellaneous amendments
Schedule 5 Environmental heritage
Omit “Gorman’s Hill” wherever occurring. Insert instead “Gormans Hill”.
[1] Schedule 1 Savings, transitional and other provisions
Omit “that Regulation to which the recognition related” from clause 14(1).Insert instead “the Environmental Planning and Assessment Regulation 2021 or the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 that correspond to the provisions of the Environmental Planning and Assessment Regulation 2000 to which the recognition related”.
[2] Schedule 1, clause 14(5)
Insert instead “Environmental Planning and Assessment Regulation 2021”.
[1] Section 136 NICC’s functions
Renumber section 136(1)(a)–(b) as paragraphs (a)–(c).
[2] Schedule 1 Constitution and procedure of NICC
Renumber clause 2(1)–(2) as subclauses (1)–(3).
Section 132 Powers of authorised officers
Omit section 132(6).
Section 18B Liability of vehicle owner for certain offences
Omit section 18B(6), definition of owner.
Section 36A Information-sharing
Omit “section 36” from section 36A(4), definition of interstate screening agency.Insert instead “section 34”.
[1] Sections 85(2), 86(1) and (3) and 87(1)(a) and (5)
Omit “the register” wherever occurring. Insert instead “a register”.
[2] Sections 86(2) and 88
Omit “the register” wherever occurring.Insert instead “the residential care workers register”.
[3] Section 87, heading
Omit “register”. Insert instead “registers”.
[4] Section 87(4)
Omit “included on the register”. Insert instead “included on a register”.
[5] Section 88, heading
Omit “register”. Insert instead “residential care workers register”.
Sections 38(1) and 70(1)(a)
Omit “an externally-administered body corporate” wherever occurring.Insert instead “a Chapter 5 body corporate”.
[1] Section 10 Disqualified persons
Omit “an externally-administered body corporate (within the meaning of the Corporations Act)” wherever occurring in section 10(2)(c) and (d)(i).Insert instead “a Chapter 5 body corporate”.
[2] Section 10(2)(d)(ii), (3B)(c) and (3C)
Omit “an externally-administered body corporate” wherever occurring.Insert instead “a Chapter 5 body corporate”.
[3] Section 10(4)
Insert in alphabetical order—Chapter 5 body corporate has the same meaning as in the Corporations Act.
[1] Schedule 3 Savings, transitional and other provisions
Omit “Director-General” wherever occurring in clause 10(1). Insert instead “Secretary”.
[2] Schedule 3, clause 10(1)
Omit “Director-General’s”. Insert instead “Secretary’s”.
[1] Clause 20 Safety review
Insert “(a)” before “has not been involved” in clause 20(6B), definition of independent competent person.
[2] Clause 20(6B), definition of “independent competent person”
Insert “(b)” before “is independent of each”.
Section 17 Compliance declarations by registered building practitioners
Omit “under subsection (1)” from section 17(6), definition of required document.Insert instead “under this section”.
Section 16 Acquisition of land
Insert “for” before “an authorised work” in section 16(2).
Section 6 Having regard to disability principles
Omit “Part 5”. Insert instead “Part 4”.
[1] Section 104ZJA Certain development by Australian-based developers that are foreign persons
Omit “section 109C of the Environmental Planning and Assessment Act 1979” from section 104ZJA(1)(b).Insert instead “the Environmental Planning and Assessment Act 1979, section 6.4”.
[2] Section 107 Assignment of rights under call option dutiable as transfer
Omit “exerciseable” wherever occurring. Insert instead “exercisable”.
[1] Schedule 1 Dictionary
Omit “means” from the definition of motor vehicle.
[2] Schedule 1, definition of “motor vehicle”, paragraph (a)
Insert “means” before “a motor vehicle”.
Schedule 4A Energy security safeguard schemes
Omit “a a” from clause 78A(2)(b). Insert instead “a”.
[1] Section 2.23 Community participation plans—preparation
Omit “section 402 of the Local Government Act 1993” from section 2.23(4).Insert instead “the Local Government Act 1993, section 402A”.
[2] Sections 4.42(1)(b) and 5.24(1)(b)
Omit “section 15 of the Mine Subsidence Compensation Act 1961” wherever occurring.Insert instead “the Coal Mine Subsidence Compensation Act 2017, section 22”.
[1] Section 7D Purpose of fishery management strategy
Omit “Section 115I of that Act” from the note to the section.Insert instead “Schedule 1AA, clause 4”.
[2] Section 7D, note
Omit “that Division”. Insert instead “the Schedule”.
Section 37 Establishment
Omit “Special” from section 37(1)(a). Insert instead “(Special”.
[1] Sections 33B(1)(a)(xv)–(xvii) and 90(1), definition of “insolvent”, paragraph (b)
Omit “an externally-administered body corporate” wherever occurring.Insert instead “a Chapter 5 body corporate”.
[2] Section 33B(1)(a)(xv)–(xvii)
Omit “other than external administration” wherever occurring.Insert instead “other than Chapter 5 body corporate”.
[3] Schedule 1 Definitions and other interpretative provisions
Omit the definition of externally-administered body corporate from clause 1(1).Insert in alphabetical order—Chapter 5 body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
[1] Section 6(1)(b) and Schedule 1, clause 7(2)(b)
Omit “Director-General” wherever occurring. Insert instead “Secretary”.
[2] Section 6(1)(c) and Schedule 1, clause 7(2)(c)
Omit the paragraphs.
Section 34 Acquisition of land
Insert “for” before “an authorised work” in section 34(2).
Section 5C Surcharge land tax—certain development by Australian-based developers that are foreign persons
Omit “section 109C of the Environmental Planning and Assessment Act 1979” from section 5C(1)(b).Insert instead “the Environmental Planning and Assessment Act 1979, section 6.4”.
Section 10AA Exemption for land used for primary production
Omit “section 33A(1) of the Environmental Planning and Assessment Act 1979” from section 10AA(4)(b).Insert instead “the Environmental Planning and Assessment Act 1979, section 3.20”.
Schedule 1 Amendment of Local Government Act 1993 No 30
Omit “rate the” from Schedule 1[30], proposed section 591(2). Insert instead “rate that”.
Section 201 Acquisition of land
Insert “for” before “an authorised work” in section 201(2).
Clause 4, heading
Omit “annual”.
Clause 4, heading
Omit “annual”.
Schedule 8A Standard conditions of mining leases
Omit “clause 13” from clause 2(1). Insert instead “clause 12”.
Section 27 Demerit points scheme
Omit “an officer prescribed by the regulations” from section 27(6).Insert instead “the Secretary”.
Clause 40 Certification of number of demerit points
Omit the clause.
Section 38 Amendment of Acts
Omit the section.
[1] Appendix Plantations and Reafforestation Code
Omit “Director-General” wherever occurring in clauses 11(1) and (2), 12(2) and (3), 22(2)(b), 25A(5), 26(3), 28A(1) and (2), 34(1)(b)(i), 41F(7), 47(2), 54, 55(1)(c) and 62(2).Insert instead “Secretary”.
[2] Appendix, Dictionary
Omit the definition of Director-General.
[3] Appendix, Dictionary
Insert in alphabetical order—Secretary means the Secretary of the Department.
[1] Section 16 Disqualified persons
Omit “an externally-administered body corporate (within the meaning of the Corporations Act)” wherever occurring in section 16(1A)(c) and (d)(i).Insert instead “a Chapter 5 body corporate”.
[2] Section 16(1A)(d)(ii), (2B)(c) and (2C)
Omit “an externally-administered body corporate” wherever occurring.Insert instead “a Chapter 5 body corporate”.
[3] Section 16(3)
Insert after section 16(2D)—(3) In this section—Chapter 5 body corporate has the same meaning as in the Corporations Act.
Section 146 Definitions
Omit “perfluroalkyl carbons” from the definition of long-chain PFAS, paragraph (a).Insert instead “perfluoroalkyl carbons”.
Section 6A Steering Committee
Omit “Director-General” wherever occurring in section 6A. Insert instead “Secretary”.
[1] Section 12 When authorised officers have “possession” of property
Omit “has possession of property” from section 12(1).
[2] Section 12(1)(a)
Insert “has possession of property” before “as soon as”.
[3] Section 18 Authorised officers may take possession of unattended animals
Omit “items” from section 18(3)(b). Insert instead “animals”.
Section 8B COVID-19 pandemic—supermarkets exempt from trading restrictions on certain public holidays in 2020
Omit the section.
[1] Section 57 Certain persons not to be operators
Omit “an externally-administered body corporate” wherever occurring in section 57(2)(b) and (3A).Insert instead “a Chapter 5 body corporate”.
[2] Section 57(4)
Omit “externally-administered body corporate”.Insert instead “Chapter 5 body corporate”.
[1] Clause 74 Notification of decisions by TfNSW
Omit “2021”” from clause 74(2)(b). Insert instead “2021”.
[2] Clause 96 Service of notices under Part
Omit “2021”” from clause 96, note. Insert instead “2021”.
[3] Clause 141 Application of Road Transport (General) Regulation 2021, Part 4 and clause 163
Omit “2021”” from clause 141(1). Insert instead “2021”.
Schedule 2 Penalty notice offences
Omit the matter relating to sections 108(3), 116(5), 117C(4), 117D(1) and 117E(4).
Section 7 Assessors
Omit “Director-General” from section 7(1)(a). Insert instead “Secretary”.
Schedule 3 Savings, transitional and other provisions
Omit clause 18.
Section 11 Governor may postpone repeal by order
Omit “regulations” from section 11(6). Insert instead “statutory rules”.
Section 25 Powers of enforcement
Omit “Part 6 of the Environmental Planning and Assessment Act 1979”.Insert instead “the Environmental Planning and Assessment Act 1979, Part 9”.
Sections 12(3), 35F(3), 36E(3) and 37E(3)
Insert “for” before “an authorised work” wherever occurring.
Clause 4.6 Exceptions to development standards
Relocate clause 4.6(8)(d) after clause 4.6(8)(caa).
Section 94
Omit “Planning Assessment Commission” wherever occurring.Insert instead “Independent Planning Commission of New South Wales”.
[1] Section 63 Metering conditions
Renumber section 63(3)(i)–(iii) as paragraphs (a)–(c).
[2] Section 68 Amendments
Insert “(1)” before “This Plan may be amended as”.
Schedule 3 Amendments by way of statute law revision—amendments relating to machinery of government changes
Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
Sections 6(2)(d), 26G–26GB and 34(2)
Omit “Department of Customer Service” wherever occurring.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Sections 4(1), definition of “Commissioner”, 7(3), 15(2) and 27(2)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
[2] Sections 4(1), definition of “Secretary”, 35(2), 66(2), 85(2), 86(1)(b) and (3)(b) and 88
Omit “Department of Family and Community Services” wherever occurring.Insert instead “Department of Communities and Justice”.
Clause 3 Definitions
Omit “Department of Family and Community Services” from clause 3(1), definition of Department.Insert instead “Department of Communities and Justice”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Chief Executive Officer.Insert instead “Department of Customer Service”.
Sections 4(1), definition of “Secretary”, and 32C(1), definition of “authorised officer”, and (2)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Sections 3(1), definition of “Secretary”, and 75(1)(a)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Section 3 Definitions
Omit “Department of Customer Service” from section 3(1), definition of Secretary.Insert instead “Department of Enterprise, Investment and Trade”.
Clause 3 Definitions
Omit “Department of Customer Service” from section 3(1), definition of Liquor & Gaming NSW and definition of Secretary.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department.Insert instead “Department of Customer Service”.
[2] Section 4(1), definition “Secretary”
Omit the definition. Insert instead—Secretary means—(a) the Commissioner for Fair Trading, Department of Customer Service, or(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
[3] Section 41T Exclusion of personal liability
Omit “of the Department of Finance, Services and Innovation” from section 41T(1)(b).
Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department.Insert instead “Department of Customer Service”.
Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Secretary.Insert instead “Department of Customer Service”.
[1] Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from the definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 3, definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Sections 29(1), 43(14) and 47A
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” wherever occurring in section 3(2), definition of Secretary.Insert instead “Department of Customer Service”.
Schedule 3 Savings, transitional and other provisions
Omit “Department of Finance and Services” from clause 10(1).Insert instead “Department of Customer Service”.
Section 71 Delegation
Omit “Department of Finance, Services and Innovation” from section 71(2).Insert instead “Department of Customer Service”.
Section 7 Establishment of Board of Management
Omit “Department of Industry” from section 7(2)(d).Insert instead “Department of Enterprise, Investment and Trade”.
Sections 4(1), definition of “Secretary”, 31(1), 36(a) and 41(1)
Omit “Treasury” wherever occurring.Insert instead “Department of Customer Service”.
Clauses 6, 102(2), definition of “relevant authority”, paragraph (c) and note and 103(1), note
Omit “Department of Planning and Environment” wherever occurring.Insert instead “Department of Regional NSW”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 4(1), definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Section 3 Definitions
Omit “Department of Trade and Investment, Regional Infrastructure and Services” from section 3(1), definition of Department.Insert instead “Department of Enterprise, Investment and Trade”.
3.24 Food Act 2003 No 43
Section 110 Definitions
Omit “Chief Executive of the Office of Environment and Heritage” from the definition of relevant body.Insert instead “Secretary of the Department of Planning and Environment”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 4(1), definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Section 3 Definitions
Omit “Department of Customer Service” from section 3(1), definition of Department.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Schedule 1 Persons and bodies to whom information may be divulged
Omit “Deputy Secretary, Liquor, Gaming and Racing Division, Department of Customer Service” from item 1.Insert instead “Chief Executive Officer of Hospitality and Racing, Department of Enterprise, Investment and Trade”.
[2] Schedule 1, item 1
Omit “Liquor & Gaming NSW, Department of Customer Service”.Insert instead “the Department of Enterprise, Investment and Trade”.
Sections 4(1), definition of “Secretary” and 48(5)
Omit “Department of Customer Service” wherever occurring.Insert instead “Department of Enterprise, Investment and Trade”.
Clause 3 Definitions
Omit “Department of Customer Service” from clause 3(1), definition of Liquor & Gaming NSW.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 38AC Metering safety management system requirements
Omit “the Department of Planning, Industry and Environment” from section 38AC(6), definition of Code for Safe Meter Installation.Insert instead “Treasury”.
[3] Section 44 Arrangements with other public authorities regarding certain investigable incidents
Omit “Department of Planning, Industry and Environment” from section 44(5), definition of Energy Secretary.Insert instead “Treasury”.
Clause 34 Standards and requirements for electrical installation work
Omit “by the Resources and Energy Division of the Department of Planning and Environment” from the note to clause 34(3).Insert instead “on the energy.nsw.gov.au website”.
[1] Schedule 3 Agencies declared to be part of other agencies
Insert in alphabetical order in the table—
[2] Schedule 3, table
Omit the Parent agency for each Subsidiary agency listed in Column 1 below.Insert instead the Parent agency listed in Column 2.
Clause 24 Delegation by Minister
Omit “Department of Customer Service”.Insert instead “Department of Enterprise, Investment and Trade”.
Clauses 8 and 22(4)
Omit “Director-General of the Department of Premier and Cabinet (or a delegate of the Director-General)” wherever occurring.Insert instead “Secretary of the Department of Planning and Environment or a delegate of the Secretary”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Secretary, paragraphs (a) and (b).Insert instead “Department of Customer Service”.
Sections 48D(1), 114(1), 119(b), 128(1)(a), 131(1) and Schedule 1, clause 1(1), definition of “Secretary”
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Clause 59 Exemptions from insurance for certain community care work funded by State or Commonwealth government
Omit “Department of Family and Community Services” from clause 59(1).Insert instead “Department of Communities and Justice”.
Section 3 Definitions
Omit “Department of Industry, Skills and Regional Development” from the definition of Department.Insert instead “Department of Enterprise, Investment and Trade”.
Sections 4(1), definition of “Secretary”, 116C(4) and 144F
Omit “Department of Customer Service” wherever occurring.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Clause 3 Definitions
Omit “Department of Customer Service” from clause 3(1), definition of Liquor & Gaming NSW.Insert instead “Department of Enterprise, Investment and Trade”.
[2] Clauses 53(4) and 55(c)
Omit “, Department of Customer Service” wherever occurring.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Secretary.Insert instead “Department of Customer Service”.
Section 3 Definitions
Omit “Department of Planning and Environment” from section 3(1), definition of Department.Insert instead “Department of Regional NSW”.
Clause 56 Penalty notice officers
Omit “Office of Finance and Services” from clause 56(1)(a).Insert instead “Department of Customer Service”.
Sections 13(1)(a) and 16(2)(b)
Omit “Department of Sport and Recreation” wherever occurring.Insert instead “Department of Enterprise, Investment and Trade”.
Section 19A Protection from personal liability
Omit “Department of Customer Service” from section 19A(3), definition of protected person, paragraph (b).Insert instead “Department of Enterprise, Investment and Trade”.
[1] Section 5 Definitions
Omit “Department of Planning, Industry and Environment” from section 5(1), definition of Department.Insert instead “Department of Planning and Environment”.
[2] Section 5(1), definition “DPC Secretary”
Omit the definition.
[3] Section 21 Delegation
Omit “or the DPC Secretary” from section 21(3)(c)(viii).
[4] Sections 85, heading and 90C(3)(b)
Omit “DPC Secretary’s” wherever occurring. Insert instead “Secretary’s”.
[5] Sections 85, 85A(1), 87, 88–90D, 90F–90I, 90K–90M, 90Q and 90R
Omit “DPC Secretary” wherever occurring. Insert instead “Secretary”.
[1] Clauses 59, 60, 62 and 83(1)
Omit “DPC Secretary” wherever occurring. Insert instead “Secretary”.
[2] Clause 60(4)(d)
Omit “DPC Secretary’s”. Insert instead “Secretary’s”.
[1] Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Department and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 3(1), definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Section 49 Definitions
Omit “Department of Finance, Services and Innovation” from the definition of Registrar, paragraphs (a) and (b).Insert instead “Department of Customer Service”.
Sections 3(1), definition of “Secretary” and 39A(a)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
[1] Section 4 Definitions
Omit “Department of Planning, Industry and Environment” from section 4(1), definition of Department.Insert instead “Department of Regional NSW”.
[2] Section 15 Provisions relating to threatened species conservation
Omit “Director-General of National Parks and Wildlife” wherever occurring in section 15(4)(a) and (5).Insert instead “Secretary of the Department of Planning and Environment”.
Appendix, Dictionary
Omit “Department of Land and Water Conservation” from the definition of Department.Insert instead “Department of Regional NSW”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” wherever occurring in section 3(1), definition of plumbing regulator.Insert instead “Department of Customer Service”.
[1] Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 3(1), definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Section 81 Delegation
Omit “Department of Customer Service” from section 81(2).Insert instead “Department of Enterprise, Investment and Trade”.
Clause 3 Definitions
Omit “Department of Customer Service” from clause 3(1), definition of Liquor & Gaming NSW, and definition of Secretary.Insert instead “Department of Enterprise, Investment and Trade”.
Section 4 Definitions
Omit “Department of Customer Service” from section 4(1), definition of Secretary.Insert instead “Department of Enterprise, Investment and Trade”.
Clause 3(1), definition of “Department” and Schedule 2, clause 2(1), definition of “departmental Secretary”
Omit “Department of Customer Service” wherever occurring.Insert instead “Department of Enterprise, Investment and Trade”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” wherever occurring in section 4(1), definition of Commissioner.Insert instead “Department of Customer Service”.
[2] Section 20 Evidential provisions concerning Register
Omit “Department of Finance, Services and Innovation” from section 20(2).Insert instead “Department of Customer Service”.
[1] Sections 3(1), definition of “Department”, and 178(1)(a) and (2)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
[2] Section 3(1), definition of “Secretary”
Omit the definition. Insert instead—Secretary means—(a) the Commissioner for Fair Trading, Department of Customer Service, or(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
[3] Sections 160(2)(a), 164(4), 165(3), 171 and 178(1)(b)
Omit “Department of Family and Community Services” wherever occurring.Insert instead “Department of Communities and Justice”.
Section 3 Definitions
Omit “Treasury” from section 3(1), definition of Department.Insert instead “Department of Customer Service”.
Sections 3(1), definitions of “Departmental website” and “Secretary” and 20(a)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Section 4 Definitions
Omit “Department of Finance, Services and Innovation” wherever occurring in section 4(1), definition of Secretary.Insert instead “Department of Customer Service”.
Schedule 2 Savings, transitional and other provisions
Omit “Department of Industry, Skills and Regional Development” from clause 21(4).Insert instead “Department of Regional NSW”.
[1] Section 4 Definitions
Omit “Department of Finance, Services and Innovation” from section 4(1), definition of Department, and definition of Secretary, paragraph (a).Insert instead “Department of Customer Service”.
[2] Section 4(1), definition of “Secretary”, paragraph (b)
Omit “of Finance, Services and Innovation”.
Sections 3(1), definition of “Secretary” and 27(1)(b)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
Section 115 Delegation
Omit “Department of Customer Service” from section 115(2).Insert instead “Department of Enterprise, Investment and Trade”.
Section 3 Definitions
Omit “Department of Finance, Services and Innovation” from section 3(1), definition of Department.Insert instead “Department of Customer Service”.
[1] Section 4, definition of “member of staff”, paragraph (a) and Schedule 2, clause 1(1)(a) and (2)
Omit “Department of Finance, Services and Innovation” wherever occurring.Insert instead “Department of Customer Service”.
[2] Section 4, definition of “member of staff”, paragraph (b)
Omit “Department of Planning and Environment”.Insert instead “Department of Regional NSW”.
Schedule 4 Repeals
Repeal of redundant Act and instrument
The following Act and instrument are repealed—
Schedule 5 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.