An Act 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 2023.
2 Commencement
This Act commences on 14 July 2023.
Schedule 1 Minor amendments
[1] Sections 188(4)(d) and 206, heading
Omit “allocating” wherever occurring. Insert instead “replacing”.
[2] Section 194, heading
Omit “substituting”. Insert instead “replacing”.
[3] Section 206(1)(a)
Omit “allocating unit entitlements among lots in a”.Insert instead “replacing the schedule of unit entitlements for a community scheme, precinct scheme or”.
[4] Section 206(2)
Omit the subsection. Insert instead—(2) The Registrar-General must make the recordings in the Register that are necessary to give effect to the order.
[1] Section 4 Definitions
Omit section 4(1), definition of relevant Minister. Insert instead—relevant Minister means—(a) for a service provider that is a Public Service agency—the Minister to whom the agency is responsible, or(b) for a person or organisation authorised, licensed or funded by a Minister to provide a service—that Minister, or(c) otherwise—the Minister.
[2] Sections 4(1), definition of “service provider”, paragraphs (c) and (d)
Omit the paragraphs. Insert instead—(c) a person or organisation funded by the Minister or by a public service agency responsible to the Minister, or(d) a person or organisation authorised or licensed by the Minister or by a public service agency responsible to the Minister, or
[3] Sections 5(1)(b) and (c), 28(2), definition of “relevant decision maker”, paragraph (a) and 45(4), definition of “relevant decision maker”, paragraph (a)
Omit “the Attorney General, and Minister for the Prevention of Domestic Violence” wherever occurring.Insert instead “the Minister”.
Schedule 2 Savings and transitional provisions
Omit clause 5(d).
[1] Section 80 Duties of auditors
Omit section 80(3).
[2] Section 80A
Insert after section 80—80A Secretary must make information available to other auditors(1) The Secretary must make a relevant document available for inspection by an auditor appointed to make an audit of the records and documents of a person who has been the subject of an earlier audit.(2) In this section—audit means an audit carried out for the purposes of this Division.relevant document means either of the following that relate to the person the subject of the audit—(a) a report on an audit received under section 80(1),(b) a notice given to the Secretary under section 77.
Schedule 1 Indictable offences triable summarily
Omit “76AG(1)” from Schedule 1, Table 2, clause 10J. Insert instead “76AO”.
[1] Section 18 Acting Judges
Omit “Family Court of Australia” from section 18(4A).Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
[2] Section 51 Consent jurisdiction
Insert at the end of section 51(3)(b)—, and(c) the jurisdictional limit of the Court in relation to an action commenced on or after 18 July 1997 but before 16 December 2022 is taken to be $750,000.
[3] Section 171 Criminal procedure rules
Omit section 171(2)(j). Insert instead—(j) prescribing the procedure for proceedings in the Court under the Criminal Procedure Act 1986, section 126 and the Victims Rights and Support Act 2013, Part 6,
Schedule 1
Omit “, other than in implant preparations for use in animals” wherever occurring.
[1] Section 103 Who may hold licence
Omit section 103(2)(b).
[2] Section 127K Method for transferring charter fishing businesses and their components
Omit “an approved form” from section 127K(3).Insert instead “a form approved by the Secretary”.
[1] Section 3 Definitions
Omit “or fibre” from section 3(1), definition of low-THC hemp.Insert instead “, fibre or resin”.
[2] Section 5 Licence to cultivate or supply low-THC hemp
Omit the second note to the section. Insert instead—Note—See section 3 for the definition of low-THC hemp, which includes resins and other products derived from certain low-THC Cannabis plants.
Section 34 Act does not prevent specified removals of tissue
Omit section 34(1)(b5), (4) and (5).
Section 57 Regulations concerning special areas
Omit section 57(1). Insert instead—(1) The regulations may make provision about special areas, including the following—(a) charges or payments for the abstraction of water in a special area,(b) the abstraction, use, pollution or contamination of water in a special area,(c) the issue of approvals by the Secretary to engage in activities in a special area,(d) the giving of directions by the Secretary in relation to engaging in activities in a special area.(1A) The Secretary may delegate the Secretary’s functions under regulations made under subsection (1)(c) or (d) to—(a) an employee of the Department of Planning and Environment, or(b) a person prescribed by the regulations.
[1] Section 76AE Applications for digital evidence access orders by telephone
Omit “subsection (5)” from section 76AE(5)(a).Insert instead “subsection (4)(b)(ii)”.
[2] Section 76AE(6)
Omit “subsection (6)”. Insert instead “subsection (5)”.
[3] Section 234 Proceedings for offences
Omit “section”. Insert instead “sections 76AO, 80O and”.
[4] Section 238 Regulations
Insert “and” at the end of the section 238(3)(b).
[1] Section 69 Offence—supplying or issuing prescriptions for therapeutic goods without approval
Insert “or veterinary practitioner” after “health practitioner” in section 69(1).
[2] Section 69(3)
Insert at the end of section 69—(3) This section does not apply to a veterinary practitioner—(a) acting under the direction of another veterinary practitioner who is authorised under an approval, or(b) carrying out an activity authorised under Part 2.6.
Section 96 Leave for forensic patients and correctional patients in emergencies or special circumstances
Omit section 96(3). Insert instead—(3) The Secretary must not allow a patient to be absent from a mental health facility if, in the same or similar circumstances—(a) for a forensic patient—the Tribunal has refused to make an order allowing the patient to be absent from a mental health facility, or(b) for a correctional patient—the Commissioner of Corrective Services has refused to make an order allowing the patient to be absent from a mental health facility.
[1] Section 38 Making of pesticide control order
Omit “National Registration Authority” from section 38(2). Insert instead “APVMA”.
[2] Section 38(6)
Omit the subsection. Insert instead—(6) In this section—APVMA has the same meaning as it has in Agricultural and Veterinary Chemicals (New South Wales) Act 1994.
[1] Section 7 Land excluded from operation of Act
Omit “Part 3 of the Threatened Species Conservation Act 1995 or” from section 7(1)(i).
[2] Section 7(1)(l)
Insert after section 7(1)(k)—(l) land in a declared area of outstanding biodiversity value within the meaning of the Biodiversity Conservation Act 2016.
[3] Section 15 Provisions relating to threatened species conservation
Omit “National Parks and Wildlife Act 1974” from section 15(5)(a).Insert instead “Biodiversity Conservation Act 2016”.
[4] Section 27 Content of Code
Omit section 27(2)(f). Insert instead—(f) The conservation of—(i) threatened species, populations and ecological communities, and their habitats, and(ii) critical habitats.(f1) The conservation of threatened species and threatened ecological communities, and their habitats, within the meaning of the Biodiversity Conservation Act 2016.
[5] Section 27(3)
Insert after section 27(2)—(3) In subsection (2)(f)—critical habitat has the same meaning as in the Fisheries Management Act 1994, Part 7A.habitat has the same meaning as in the Fisheries Management Act 1994.threatened species, populations and ecological communities has the same meaning as in the Fisheries Management Act 1994, Part 7A.
[6] Section 32 Meaning of unique or special wildlife values
Omit “species presumed extinct (within the meaning of the Threatened Species Conservation Act 1995)” from section 32(2)(a).Insert instead “extinct species, within the meaning of the Biodiversity Conservation Act 2016”.
[7] Section 34 Evaluation of impact on unique or special wildlife values
Omit “The Minister is to notify the Minister administering the National Parks and Wildlife Act 1974 of those arrangements.” from section 34(1).
[8] Section 34(1A)
Insert after section 34(1)—(1A) The Minister must notify the Minister administering the Biodiversity Conservation Act 2016 of the arrangements made under subsection (1).
[9] Section 48, heading
Insert instead “Biodiversity Conservation Act 2016”.
[10] Section 48(1)
Omit the subsection. Insert instead—(1) A person carrying out plantation operations on an authorised plantation is exempt from the Biodiversity Conservation Act 2016, sections 2.1–2.4.
[11] Section 48(3)
Omit section 48(3) and (4). Insert instead—(3) The following orders must not be made to prevent or interfere with the carrying out of plantation operations on an authorised plantation—(a) a stop work order or interim protection order within the meaning of the Biodiversity Conservation Act 2016, Part 11,(b) a stop work order under the National Parks and Wildlife Act 1974, Part 6A, Division 1,(c) an interim protection order within the meaning of the National Parks and Wildlife Act 1974.
[1] Section 7 Prohibited plastic items
Omit section 7(1). Insert instead—(1) In this Act—prohibited plastic item means a plastic item that is—(a) specified in Schedule 1, Part 1, or(b) prescribed by the regulations.
[2] Section 7(2)
Omit “A plastic item is taken to be unnecessary or problematic if”.Insert instead “The Minister must not recommend the making of a regulation to prescribe a prohibited plastic item unless”.
[3] Schedule 1 Prohibited items and design standards
Omit “sections 7(1)(b) and 8(3)”. Insert instead “sections 7(1) and 8(3)”.
[1] Section 116 Duties of auditors
Omit section 116(3).
[2] Section 116A
Insert after section 116—116A Secretary must make audit reports available to other auditors(1) The Secretary must make an audit report about a person available for inspection by an auditor appointed to make a subsequent audit of the records and documents of the person.(2) In this section—audit means an audit carried out for the purposes of this Division.audit report means a report on an audit received under section 116(1).
[1] Section 6 Appropriate regulatory authority
Omit “the Marine Parks Authority and certain other” from the note.Insert instead “certain”.
[2] Section 167A False or misleading information
Omit “gives” wherever occurring in section 167A(1) and (3). Insert instead “supplies”.
[3] Section 287 Appeals regarding licence applications and licences
Omit section 287(1). Insert instead—(1) The following persons aggrieved by a decision of the appropriate regulatory authority about a licence or licence application may, within the prescribed period, appeal the decision to the Land and Environment Court—(a) for a licence—a person who has held the licence,(b) for a licence application—the applicant.
[4] Section 287(7)
Insert after section 287(6)—(7) In this section—prescribed period, for a person, means—(a) the period prescribed by the regulations, or(b) if no period is prescribed—(i) 21 days after the person is given notice of the decision of the appropriate regulatory authority, or(ii) 21 days after the person’s licence application is taken to have been refused under subsection (3).
[1] Schedule 5 Further postponement of repeal of statutory rules
Omit “Poisons, Therapeutic Goods Act 1966” from clause 1.Insert instead “Poisons and Therapeutic Goods Act 1966”.
[2] Schedule 5
Omit clause 3. Insert instead—3 Postponement of repeal of statutory rules until 1 September 2024The following statutory rules remain in force until 1 September 2024, unless sooner repealed—4 Postponement of repeal of Child Protection (Working with Children) Regulation 2013The Child Protection (Working with Children) Regulation 2013 remains in force until 1 September 2025, unless sooner repealed.
[1] Section 40 Time for making, and duration of, applications
Omit “clause 8 (2) (b) or (d) of the Victims Rights and Support Regulation 2013” from section 40(7).Insert instead “the Victims Rights and Support Regulation 2019, clause 10(3)(b) or (d)”.
[2] Section 113 Inadmissibility and use of certain evidence in subsequent legal proceedings
Insert after section 113(3)—(4) In this section—applicant means a person who has made an application for—(a) victims support under this Act, or(b) statutory compensation or payment for approved counselling services under the Victims Support and Rehabilitation Act 1996.
Schedule 2 Amendments by way of statute law revision—miscellaneous amendments
Section 132 Grounds for disqualification from office
Renumber subparagraphs (a) and (b) as (i) and (ii) respectively in section 132(1)(f).
[1] Section 37B Revocation of interim approval of controlled contract
Omit “given” from section 37B(4). Insert instead “give”.
[2] Section 42A Requirement for approval of close associate
Insert “or” at the end of section 42A(2)(b).
[3] Section 42K Requirement for exempt close associate to notify NICC of change in circumstances
Omit “am” from section 42K(1). Insert instead “an”.
Clause 19A COVID-19 pandemic—repeal of special provisions
Omit the clause.
[1] Section 93 General nature of proceedings
Omit “and (2),,” from section 93(3). Insert instead “and (2),”.
[2] Section 245I Commonwealth and interstate agencies
Omit sections 245I(a1) and (b). Insert instead—(b) the Federal Circuit and Family Court of Australia,
[1] Section 9A COVID-19 pandemic—availability of work
Omit the section.
[2] Section 14A COVID-19 pandemic—presentation for work
Omit the section.
Clause 16A COVID-19 pandemic—extension of prescribed period
Omit the clause.
[1] Part 4A Youth conduct orders
Omit the part.
[2] Section 50 Act is generally subject to Bail Act 2013
Omit “Subject to Part 4A, the”. Insert instead “The”.
Section 110 Visits to detention centres during COVID-19 pandemic
Omit the section.
Clause 157 COVID-19 pandemic—extension of prescribed period
Omit the clause.
[1] Schedule 1 Savings, transitional and other provisions
Omit Part 5, Divisions 1–5, other than clause 31.
[2] Schedule 1, clause 31
Omit “during the prescribed period”.Insert instead “during the period starting on 25 March 2020 and ending on 26 March 2022 (the prescribed period)”.
Section 3 Definitions
Omit “, the Family Court of Australia or the Federal Circuit Court of Australia” from the definition of .Insert instead “or the Federal Circuit and Family Court of Australia”.
Section 3 Definitions
Omit “, the Family Court of Australia or the Federal Circuit Court of Australia” from the definition of .Insert instead “or the Federal Circuit and Family Court of Australia”.
Clause 7A COVID-19 pandemic—repeal of special provisions
Omit the clause.
Section 193E Alternative verdicts
Omit “section 193BA(1) or (2)” from section 193E(1).Insert instead “section 193BA(1) or (3)”.
[1] Section 77 Attendance of inmates before courts and court officers
Omit section 77(5), definition of court, paragraphs (c) and (d). Insert instead—(c) the Federal Circuit and Family Court of Australia,
[2] Part 15 Special provisions for COVID-19 pandemic
Omit the part.
Section 29 Provisional order taken to be application for court order
Omit section 29(4) and (5).
Clause 5A COVID-19 pandemic—extension of prescribed period
Omit the clause.
Section 10 Dismissal of charges and conditional discharge of offender
Omit “Part 4 of the Victims Compensation Act 1996” from section 10(4)(b).Insert instead “the Victims Rights and Support Act 2013, Part 6”.
[1] Section 200 When court may require prosecution to provide additional evidence
Omit “Division 3 of Part 2 of Chapter 3” from section 200(2)(a).Insert instead “Chapter 6, Part 3A”.
[2] Section 200(2)(a)
Omit “under that Division”. Insert instead “under that part”.
[3] Schedule 2 Savings, transitional and other provisions
Omit “Victims Services in the Department of Justice” from Schedule 2, clause 89(1).Insert instead “The Department of Communities and Justice”.
[1] Clause 110 Suspension or revocation of inclusion of children’s champions on panel
Omit “Victims Services in the”. Insert instead “The”.
[2] Clause 120 COVID-19 pandemic—repeal of special provisions
Omit the clause.
Schedule 4 Purchaseable leases
Omit “Family Court” from clause 24(5), definition of transfer, paragraph (f).Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
Schedule 1
Omit “0.125g” from Column 4 of the matters relating to N-Methyl-1-(3,4-methylenedioxyphenyl)-butanamine and N-Methyl-1-(3,4-methylenedioxyphenyl)-2-butanamine.Insert instead “0.125kg”.
Clause 3 Definitions
Omit “Court” from clause 3(1), definition of DCFA. Insert instead “Case”.
Clause 8B COVID-19 pandemic—repeal of special provisions
Omit the clause.
Section 4.17 Imposition of conditions
Omit “section 97” from section 4.17(3). Insert instead “section 8.7”.
[1] Section 137 Compliance with Building Code of Australia
Omit “to to” from section 137(5). Insert instead “to”.
[2] Schedule 3 Designated development
Renumber paragraphs (i) and (ii) as (a) and (b) respectively in section 45(4A).
Sections 22B and 22C
Omit the sections.
Clauses 4A and 4B
Omit the clauses.
Schedule 1 Savings, transitional and other provisions
Renumber clause 32 (Extension of deemed appropriation money) as clause 32A.
Clause 19 Miscellaneous modifications
Omit “Federal Circuit Court of Australia” from clause 19(d)(iii).Insert instead “Federal Circuit and Family Court of Australia (Division 2)”.
Section 21 Meanings of commonly used words and expressions
Insert in alphabetical order in section 21(1)—Federal Circuit and Family Court of Australia has the same meaning as in the Federal Circuit and Family Court of Australia Act 2021 of the Commonwealth.
[1] Preamble, sections 5(1) and (4)(a), 6A(2) and (3), 7(1), (2), (4)(a) and (6), 8(1)(b)(i) and 16(4)
Omit “Family Court” wherever occurring.Insert instead “Federal Circuit and Family Court of Australia”.
[2] Section 3 Definitions
Omit section 3(1), definition of Family Court.
Section 5 References to special legal qualifications
Omit “Family Court of Australia” from section 5, note.Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
[1] Section 52, heading
Omit “sec 28”. Insert instead “EPA Act, s 31.6”.
[2] Section 52
Omit “section 28” wherever occurring. Insert instead “section 3.16”.
Section 73 Rights under mining lease
Renumber section 73(9) as section 73(3).
[1] Section 10 Functions
Omit “Minster” from section 10(1)(b)(i). Insert instead “Minister”.
[2] Section 45 Particular powers of Authority in relation to declarations
Omit “by compulsory acquisition under” from section 45(a)(ii).Insert instead “by compulsory process in accordance with”.
2.37 Oaths Act 1900 No 20
[1] Section 21 Declarations in cases not specifically provided for
Omit section 21(3), definition of federal judicial officer, paragraphs (b) and (c). Insert instead—(b) a Judge of the Federal Circuit and Family Court of Australia.
[2] Section 34 Identification of person making statutory declaration or affidavit
Omit section 34(4A)(a)(iii) and (iv). Insert instead—(iii) the Federal Circuit and Family Court of Australia, or
Section 61A Annual report
Insert “to” after “is” in section 61A(3).
Clause 23A COVID-19 pandemic—repeal of special provisions
Omit the clause.
[1] Section 22, heading
Omit “Family Court of Australia”.Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
[2] Section 22
Omit “Family Court of Australia” from section 22(1).Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
Section 123 Records for prescribed blended patrol
Omit “(1)”.
Section 186A Regulations may establish rental bond roll-over scheme
Omit “not been not” from section 186A(2)(g)(i). Insert instead “not been”.
Section 197B Provision, sharing and publication of relevant village information
Omit “resident right types” from section 197B(3), definition of relevant village information, paragraph (d).Insert instead “residence right types”.
Clause 45 Suspension or cancellation of registration by TfNSW
Omit “section 2.8.” from section 45(1)(d), note. Insert instead “section 2.8”.
Section 7C COVID-19 pandemic—powers when assisting in COVID-19 response
Omit the section.
[1] Schedule 1E Complying development—Chapter 3
Renumber section 20 (Construction safety) as section 21.
[2] Schedule 1E
Renumber section 21 (Transport of hazardous materials, emergencies and safety management) as section 22.
[1] Section 13 What is the effect of divorce or an annulment on a will?
Omit “Family Court of Australia” from section 13(6), definition of annulment, paragraph (a).Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
[2] Section 13(6), definition of “divorce”, paragraph (b)
Omit “Family Court of Australia”.Insert instead “Federal Circuit and Family Court of Australia (Division 1)”.
Section 8 Seizure and removal of things to remove or remedy interference or unlawful occupation
Omit “Impounding Act 1993” from section 8(5).Insert instead “Public Spaces (Unattended Property) Act 2021”.
[1] Clause 10 Primary victims
Omit “loss of actual earnings” from clause 10(3)(a) and (b), wherever occurring.Insert instead “actual loss of earnings”.
[2] Clause 11 Parent, step-parent or guardian of primary victim
Omit “loss of actual earnings” from clause 11(2)(a) and (b), wherever occurring.Insert instead “actual loss of earnings”.
Schedule 1A Consequential amendment of other Acts
Omit “section 42(1A)(b)” from Schedule 1A.1[2], section 49, proposed subsection (3A). Insert instead “section 42(3)(b)”.
Part 2 Access licences
Renumber clause 23A as clause 23AA.
Clause 71 General
Renumber clause 71(2)(a)i.–iii. as clause 71(2)(a)(i)–(iii).
[1] Clause 4 Application of Plan
Omit “the Act,” from section 4(2), note 1. Insert instead “the Act.”.
[2] Clause 10 Economic objectives
Omit “water- dependent” from clause 10(2)(b). Insert instead “water-dependent”.
[3] Clause 10(6)(a)
Omit “complied with”. Insert instead “complied with,”.
[4] Clause 12 Social and cultural objectives
Omit “new licences” from clause 12(6)(d). Insert instead “new licences,”.
[5] Clause 13 Bulk access regime
Omit “the the” from clause 13(2)(b). Insert instead “the”.
[6] Part 4 Environmental water provisions
Omit “sections” from Part 4, note. Insert instead “section”.
[7] Clause 30 Assessment of compliance with the long-term average annual extraction limit
Omit “extractionlimit” from clause 30(1). Insert instead “extraction limit”.
[8] Clause 34 Action following non-compliance
Omit “licences,” from section 34(5). Insert instead “licences.”.
[9] Part 7 Rules for granting access licences and water supply work approvals
Omit “theAct” from Part 7, note 1. Insert instead “the Act”.
[10] Clause 43, heading
Omit “flood-dependant”. Insert instead “flood-dependent”.
[11] Clause 43(5)
Omit “apply””. Insert instead “apply—”.
[12] Clause 54 Announcement of supplementary water event
Omit “Minster’s opinion” from clause 54(2)(c). Insert instead “Minister’s opinion,”.
[13] Clause 55 Taking of uncontrolled flows under floodplain harvesting (regulated river) access licences
Omit “theAct” from clause 55, note 1. Insert instead “the Act”.
[14] Clause 60 Assignment of rights dealings (within the water source or within a water management area)
Omit “determined.” from Table A wherever occurring. Insert instead “determined”.
[15] Clause 60
Renumber clause 60(5) as clause 60(4).
[16] Clause 62 Assignment of water allocations dealings
Omit “(1)”.
[17] Clause 67 General
Omit “2022”. Insert instead “2022)”.
[18] Clause 74 Release rules for translucent sub-allowance water
Omit “subclauses (2),” from 74(6), note 2. Insert instead “subclauses (2)”.
[19] Clause 102 Other amendments (general)
Omit “Sources” from clause 102(3)(a). Insert instead “Sources,”.
[20] Dictionary
Omit “Plan” from the definition of SDL adjustment amount. Insert instead “Plan.”.
[1] Clause 9 Economic objectives
Insert “of” after “Chapter 3” in clause 9(2)(a), note.
[2] Clause 17 Application
Omit “rights () and” from clause 17(1). Insert instead “rights and”.
[3] Clause 72 Maintenance of water supply
Omit “licence, and” from clause 72(5)(c). Insert instead “licence,”.
[1] Clause 11 Social and cultural objectives
Omit “(d) the” from clause 11(5)(d). Insert instead “the”.
[2] Clause 39 Available water determinations for regulated river (general security) access licences
Omit “(referred” from clause 39(2)(g)(ii). Insert instead “referred”.
[3] Clause 68 Priority of delivery for access licences and EWA water
Omit “(EWA” from clause 68(1)(c)(iv). Insert instead “EWA”.
[4] Clause 77 General
Omit “(1) For”. Insert instead “For”.
[5] Dictionary
Omit “relevant” from definition of EWA. Insert instead “relevant.”.
Schedule 3 Amendments relating to interpretation
[1] Section 3 Definitions
Insert after section 3(2)—(3) The Dictionary in Schedule 4 defines certain terms used in Acts and instruments.
[2] Section 21, heading
Omit the heading. Insert instead—21 References to Colony and punishments for offences
[3] Section 21(1)
Insert in alphabetical order—Ageing and Disability Commissioner means the Ageing and Disability Commissioner under the Ageing and Disability Commissioner Act 2019.Ambulance Service of NSW means the Ambulance Service of NSW under the Health Services Act 1997.Anti-Discrimination Board means the Anti-Discrimination Board under the Anti-Discrimination Act 1977.Auditor-General means the Auditor-General under the Government Sector Audit Act 1983.Chief Commissioner of State Revenue means the Chief Commissioner of State Revenue under the Taxation Administration Act 1996.Children’s Court means the Children’s Court of New South Wales under the Children’s Court Act 1987.Children’s Guardian means the Children’s Guardian under the Children’s Guardian Act 2019.Civil and Administrative Tribunal means the Civil and Administrative Tribunal of New South Wales under the Civil and Administrative Tribunal Act 2013.Commissioner of Fire and Rescue NSW means the Commissioner under the Fire and Rescue NSW Act 1989.Commissioner of Police means the Commissioner of Police under the Police Act 1990.Court of Appeal means the Court of Appeal under the Supreme Court Act 1970, Part 2, Division 6.Court of Criminal Appeal means the Court of Criminal Appeal under the Criminal Appeal Act 1912.Crown Prosecutor means a Crown Prosecutor under the Crown Prosecutors Act 1986.Director of Public Prosecutions means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1986.District Court means the District Court of New South Wales under the District Court Act 1973.Drug Court means the Drug Court of New South Wales under the Drug Court Act 1998.Dust Diseases Tribunal means the Dust Diseases Tribunal of New South Wales under the Dust Diseases Tribunal Act 1989.Electoral Commissioner means the Electoral Commissioner under the Electoral Act 2017.Health Care Complaints Commission means the Health Care Complaints Commission under the Health Care Complaints Act 1993.ICAC or Independent Commission Against Corruption means the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 1988.Industrial Relations Commission means the Industrial Relations Commission of New South Wales under the Industrial Relations Act 1996.Information Commissioner means the Information Commissioner under the Government Information (Information Commissioner) Act 2009.Inspector of Custodial Services means the Inspector of Custodial Services under the Inspector of Custodial Services Act 2012.Inspector of the Independent Commission Against Corruption means the Inspector of the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 1988.IPART or Independent Pricing and Regulatory Tribunal means the Independent Pricing and Regulatory Tribunal of New South Wales under the Independent Pricing and Regulatory Tribunal Act 1992.Land and Environment Court means the Land and Environment Court under the Land and Environment Court Act 1979.Law Enforcement Conduct Commission means the Law Enforcement Conduct Commission under the Law Enforcement Conduct Commission Act 2016.Mental Health Review Tribunal means the Mental Health Review Tribunal under the Mental Health Act 2007.New South Wales Crime Commission means the New South Wales Crime Commission under the Crime Commission Act 2012.NICC or NSW Independent Casino Commission means the NSW Independent Casino Commission under the Casino Control Act 1992.NSW Rural Fire Service means the NSW Rural Fire Service under the Rural Fires Act 1997.NSW Trustee and Guardian means the NSW Trustee and Guardian under the NSW Trustee and Guardian Act 2009.Ombudsman means the Ombudsman under the Ombudsman Act 1974.Privacy Commissioner means the Privacy Commissioner under the Privacy and Personal Information Protection Act 1998.Registrar of Births, Deaths and Marriages means the Registrar under the Births, Deaths and Marriages Registration Act 1995.Service NSW means Service NSW under the Service NSW (One-stop Access to Government Services) Act 2013.Sheriff means the Sheriff under the Sheriff Act 2005.State Emergency Service means the NSW State Emergency Service under the State Emergency Service Act 1989.Supreme Court means the Supreme Court of New South Wales under the Supreme Court Act 1970.Surveyor-General means the Surveyor-General under the Surveying and Spatial Information Act 2002.Valuer-General means the Valuer-General under the Valuation of Land Act 1916.
[4] Section 45B Definitions
Omit the definition of NSW legislation website.
[5] Section 69B References to Standards Association of Australia
Omit the section.
[6] Schedule 4 Dictionary
Renumber section 21(1), as amended by Schedule 2.32 and this Schedule, item [3], as Schedule 4 Dictionary and relocate to after Schedule 3.
Section 4 Definitions
Omit “Section 21 (1) of the” from section 4(1), definition of instrument, note.Insert instead “The”.
Section 58 Power of entry and inspection
Omit “section 21 (1) of” from section 58(2A)(b).
Section 4 Definitions
Omit “, section 21” from section 4(1), definition of body, note.
Section 91 Powers to inspect and seize things
Omit “section 21 (1) of” from section 91(3)(b).
Clause 174 Preservation of scenes of serious indictable offences and serious incidents
Omit “Section 21 of the” from clause 174, note. Insert instead “The”.
Section 10 Dissolution of partnerships
Omit “section 21 (1) of” from section 10(1), note.
Schedule 3 Coal Market Price Emergency
Omit “, section 21” from Schedule 3, clause 16(8), note.
Section 43 Civil penalty for breaches
Omit “Section 21 of the” from section 43, note. Insert instead “The”.
Sections 2.1(1), note and 6.2(1), note
Omit “Section 21 (1) of the” wherever occurring. Insert instead “The”.
Section 4 Definitions
Omit “Section 21(1) of the” from section 4, definition of relevant health organisation, note.Insert instead “The”.
Section 4 Definitions
Omit section 4(1), definition of health care provider, note.
Section 103 Appeal rights
Omit “Section 21(1) of the” from section 103(2), note. Insert instead “The”.
Section 357 Civil penalty for breach of industrial instruments
Omit “Section 21 of the” from section 357(1), note. Insert instead “The”.
Section 6 Act to bind State and other jurisdictions
Omit “Section 21 (1) of the” from section 6(1), note. Insert instead “The”.
Section 7 Act to bind State and other jurisdictions
Omit “Section 21 (1) of the” from section 7(1), note. Insert instead “The”.
Section 114 Commission may monitor conduct of critical incident investigation
Omit “Section 21 of the” from section 114(3)(d), note. Insert instead “The”.
Schedule 1A, clauses 2(1), note and 3(1), note
Omit “section 21 of” wherever occurring.
Section 45 What dealings can a council have in community land?
Omit “, section 21(1)” from section 45(3), note.
Section 82A Meanings of “carbon sequestration” and “carbon sequestration right”
Omit “, section 21(1)” from section 82A(3), note.
Section 20 Commission rules
Omit “section 21 of” from section 20(1), note.
Section 253 Restraint of breaches of an Act or statutory rules that harm the environment
Omit “section 21 of” from section 253(1), note
Section 6 Legal personality and responsibilities of agency head
Omit “, section 21(1)” from section 6(1), note.
Section 114 Operator to hold money in trust
Omit “, section 21,” from section 114, note.
[1] Section 14 General relationship with other laws
Omit “section 21(1) of’ from section 14, note.
[2] Sections 18(1), note, 19(1), note, 45, note, 134(1), note and 143(10), note
Omit “section 21 of” wherever occurring.
Section 11 Debt recovery action cannot be taken against minors
Omit “Section 21 (1) of the” from section 11, note. Insert instead “The”.
[1] Section 3 Definitions
Omit “that it is given by section 21 of” from section 3(1), definition of document, paragraph (a).Insert instead “as it has in”.
[2] Section 14 How a will may be altered
Omit “Section 21 of the” from section 14, note. Insert instead “The”.
Schedule 2A Conversion of FSS Trustee Corporation into proprietary company
Omit “Section 21 (1) of the” from Schedule 2A, clause 1(1), definition of instrument, note.Insert instead “The”.
Clauses 244(2B), note and 244A(2), note
Omit “Section 21 of the” wherever occurring. Insert instead “The”.
Schedule 4 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.