An Act to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; to repeal certain redundant Acts; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2023.
2 Commencement
This Act commences, or is taken to have commenced, as follows—(a) for Schedule 1.19—on the day on which the Scrap Metal Industry Amendment (Review) Act 2022, Schedule 1[8] commences,(b) for Schedule 2.2—on the day on which the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023, Schedule 1[8] commences,(c) otherwise—on the date of assent to this Act.
Schedule 1 Minor amendments
Section 6 The Panel
Omit “Minister for Primary Industries” from section 6(2)(g).Insert instead “Minister administering the Biosecurity Act 2015”.
Section 398 Description of land in notices and other instruments
Omit the section.
[1] Section 22C Casino operators to cooperate with NICC
Omit “between the Crown and a casino operator” from section 22C(2)(b)(iii).Insert instead “to which the Crown and a casino operator are parties”.
[2] Section 37A Interim approval of controlled contract
Omit “casino operator will” from section 37A(2)(b). Insert instead “NICC will”.
[3] Section 42D Decision about application for approval of close associate
Omit “application the NICC,” from section 42D(2). Insert instead “application, the NICC”.
[4] Section 42H Disciplinary action against close associate
Omit “licensee” from section 42H(2). Insert instead “casino operator”.
[5] Section 42L Revocation of exemption of close associate
Omit “given” from section 42L(4). Insert instead “give”.
[6] Section 59 Disciplinary action against licensee
Renumber subparagraphs (a) and (b) as (i) and (ii) in section 59(1), definition of disciplinary action, paragraph (b).
[7] Section 70 Conduct of gaming
Omit “Subclauses” from section 70(1AC). Insert instead “Subsections”.
[8] Section 76 Inducements
Omit “NICC, and” from section 76(2)(c). Insert instead “NICC.”.
[9] Section 76A Promotional prizes
Insert “or” at the end of section 76A(1)(d).
[10] Section 76A(4), definition of “player reward scheme”, paragraph (b)
Omit “wages”. Insert instead “wagers”.
[11] Section 137A Advisory committee about harm minimisation measures
Omit “Committee” wherever occurring in section 137A(4). Insert instead “committee”.
[12] Section 139E Annual reports
Omit “the auditor” from section 139E(b). Insert instead “an auditor”.
[13] Section 139E(e)
Omit “regulations, and”. Insert instead “regulations,”.
[14] Section 139F Nature of report of operations
Renumber section 139F(3) as section 139F(2).
[15] Section 139L Application for extension of time
Insert “.” at the end of section 139L(5).
[16] Section 170A Implementation of Independent Review of The Star Pty Ltd by Adam Bell SC
Insert “the” before “independent” in section 170A(2).
[17] Schedule 1 Constitution and procedure of NICC
Renumber clause 7(1)(d)–(h) as clause 7(1)(d)–(i).
[18] Schedule 4 Savings and transitional provisions
Omit “as if had been granted the NICC” from clause 44(2).Insert instead “as if it had been granted by the NICC”.
Section 7 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction
Omit the definition of child protection law. Insert instead—child protection law means the following—(a) the Children and Young Persons (Care and Protection) Act 1998 and regulations made under that Act,(b) the Children’s Guardian Act 2019, Parts 6 and 8 and regulations made under the parts.
[1] Section 10 Matters relating to identification of coastal management areas
Omit “Division 4 (LEPs) of Part 3 (Environmental planning instruments) of the Environmental Planning and Assessment Act 1979” from section 10(1), note.Insert instead “The Environmental Planning and Assessment Act 1979, Division 3.4”.
[2] Section 21 Coastal management manual
Omit “state of the” from section 21(7).
[3] Section 27 Granting of development consent relating to coastal protection works
Omit “Section 80A (6) of the Environmental Planning and Assessment Act 1979” from section 27(2)(a), note.Insert instead “The Environmental Planning and Assessment Act 1979, section 4.17(6)”.
[4] Schedule 1 Local government areas, coastal sediment compartments and border estuaries
Omit “City of Greater Taree, Great Lakes” from Part 1, table. Insert instead “Mid-Coast”.
[5] Schedule 1, Part 1, table
Omit “City of Botany Bay, City of Rockdale”. Insert instead “Bayside”.
[6] Schedule 1, Part 1, table
Omit “City of Gosford, Hornsby, City of Hawkesbury, Pittwater”.Insert instead “Central Coast, City of Hawkesbury, Hornsby, Northern Beaches”.
[7] Schedule 1, Parts 1 and 2, tables (except matter relating to Wallis Lake)
Omit “Great Lakes” and “City of Greater Taree” wherever occurring.Insert instead “Mid-Coast”.
[8] Schedule 1, Part 1, table
Omit “Wyong, City of Gosford”. Insert instead “Central Coast”.
[9] Schedule 1, Parts 1 and 2, tables
Omit “Wyong” wherever occurring. Insert instead “Central Coast”.
[10] Schedule 1, Part 1, table
Omit “Ashfield, City of Auburn, City of Blacktown, Canada Bay, Hunters Hill, Ku-ring-gai, Lane Cove, Leichhardt, Manly, North Sydney, City of Parramatta, City of Ryde, City of Sydney, Warringah”.Insert instead “City of Blacktown, Canada Bay, Cumberland, Hunters Hill, Inner West, Ku-ring-gai, Lane Cove, North Sydney, Northern Beaches, City of Parramatta, City of Ryde, City of Sydney”.
[11] Schedule 1, Part 1, table
Omit “Pittwater, Warringah, Manly”. Insert instead “Northern Beaches”.
[12] Schedule 1, Part 2, table
Omit “Botany Bay, Randwick, Sutherland”.Insert instead “Bayside, Randwick, Sutherland Shire”.
[13] Schedule 1, Part 2, table
Omit “Greater Taree” from the matter relating to Camden Haven River. Insert instead “Mid-Coast”.
[14] Schedule 1, Part 2, table
Omit “Botany Bay, Burwood, Canterbury, Marrickville, Rockdale”.Insert instead “Bayside, Burwood, Canterbury-Bankstown, Inner West”.
[15] Schedule 1, Part 2, table
Omit “City of Bankstown, Canterbury, City of Fairfield, Hurstville, Kogarah, Liverpool, Rockdale, Sutherland”.Insert instead “Bayside, Canterbury-Bankstown, City of Fairfield, Georges River, Liverpool, Sutherland Shire”.
[16] Schedule 1, Part 2, table
Omit “Hastings, Kempsey”. Insert instead “Port Macquarie-Hastings, Kempsey”.
[17] Schedule 1, Part 2, table
Omit “City of Gosford, City of Hawkesbury, Hornsby, Ku-ring-gai, City of Penrith, Pittwater, The Hills Shire, Warringah”.Insert instead “Central Coast, City of Hawkesbury, Hornsby, Ku-ring-gai, Northern Beaches, City of Penrith, The Hills Shire”.
[18] Schedule 1, Part 2, table
Omit “Manly, Warringah”. Insert instead “Northern Beaches”.
[19] Schedule 1, Part 2, table
Omit “Manly, Mosman, North Sydney, Warringah”.Insert instead “Mosman, North Sydney, Northern Beaches”
[20] Schedule 1, Part 2, table
Omit “Pittwater, Warringah”. Insert instead “Northern Beaches”.
[21] Schedule 1, Part 2, table
Omit “Ashfield, Auburn, Canada Bay, Hunters Hill, Lane Cove, Leichhardt, Marrickville”.Insert instead “Canada Bay, Cumberland, Hunters Hill, Inner West, Lane Cove”.
[22] Schedule 1, Part 2, table
Omit “Leichhardt, Mosman”. Insert instead “Inner West, Mosman”.
[23] Schedule 1, Part 2, table
Omit “Great Lakes, City of Greater Taree”. Insert instead “Mid-Coast”.
[24] Schedule 3 Savings, transitional and other provisions
Omit clause 3.
[1] Section 11 Application for registration as combatant
Omit “(unless the Authority already has a current serological clearance for the applicant)” from section 11(2)(d).
[2] Section 11(2C)
Insert after section 11(2B)—(2C) The Authority may exempt an applicant from a requirement under subsection (2)(c)–(e) if, at the time the application is made—(a) for a requirement under subsection (2)(c)—the Authority already holds a certificate of fitness for the applicant to engage in combat sport given by a medical practitioner not more than 28 days before the date on which the application is made, and(b) for a requirement under subsection (2)(d)—the Authority already holds a current serological clearance for the applicant, and(c) for a requirement under subsection (2)(e)—the Authority already holds the information.
[3] Section 23 Application for registration as industry participant or promoter
Insert after section 23(2B)—(2C) The Authority may exempt an applicant from the requirement under subsection (2)(c) if, at the time the application is made, the Authority already holds the information.
[4] Section 100 Personal liability
Insert after section 100(2), definition of protected person, paragraph (g)—(h) a Public Service employee involved in the administration of this Act.
Section 103 Application of Act to electronic plans and documents
Omit section 103(6), definition of document.
[1] Section 6A Application of Act to electronic form plans and other documents
Omit “, except office copies of court orders,” from section 6A(1)(b).
[2] Section 6A(3)(a)
Omit the paragraph.
[3] Section 184E Method of registration
Omit “This subsection does not apply to a trader’s bill of sale.” from section 184E(1).
[4] Section 184E(5)
Omit “(other than traders’ bills of sale)”.
[5] Section 195AA, heading
Omit the heading. Insert instead—195AA Electronic plan lodgment system
[6] Section 195AA(1)–(3) and (5)
Omit “e-plan system” wherever occurring.Insert instead “electronic plan lodgment system”.
[1] Section 220ZZA Assessment guidelines
Omit “Minister for Planning” from section 220ZZA(2).Insert instead “Minister administering the Environmental Planning and Assessment Act 1979”.
[2] Section 221ZU Definitions
Insert in alphabetical order in section 221ZU(1)—Fisheries Minister means the Minister administering this Act.
[3] Section 221ZY, heading
Omit “Minister for Primary Industries if a Minister”.Insert instead “Fisheries Minister if another Minister”.
[4] Section 221ZY(2) and (3)
Omit “Minister for Primary Industries” wherever occurring.Insert instead “Fisheries Minister”.
[5] Section 221ZZ Concurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act
Omit “Minister for Primary Industries” wherever occurring.Insert instead “Fisheries Minister”.
[6] Section 221ZZ(4)
Omit “that Minister”. Insert instead “the Fisheries Minister”.
Schedule 3 Savings, transitional and other provisions
Insert after clause 8(3)—(4) For subclause (1), in relation to a revocation of a reservation in accordance with the former Act, section 22, the reference to the Minister for Lands in the section is taken to be a reference to the Minister administering the Crown Land Management Act 2016.
Section 141 Determination of application
Insert after section 141(2)—(3) The regulations may prescribe—(a) the circumstances in which the Heritage Council may request additional information from an applicant, and(b) the periods of time that must not be taken into account in calculating the expiration of the period referred to in subsection (2) if the Heritage Council has requested additional information from the applicant.
[1] Section 15 Minister
Insert after section 15(3)—(4) In an Act or instrument, a reference to the Minister administering another Act means—(a) the Minister administering the other Act, or(b) if different Ministers are administering the other Act in different respects—the Minister administering the other Act in the relevant respect, or(c) if different Ministers are administering different portions of the other Act—the Minister administering the relevant portion of the other Act, or(d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering the other Act or a portion of the other Act—any 1 of the Ministers administering the other Act or portion of the other Act.
[2] Schedule 4 Dictionary
Insert in alphabetical order—personally insolvent, for an individual, means the individual—(a) under the Bankruptcy Act 1966 of the Commonwealth—(i) is bankrupt, or(ii) is a party to a debt agreement as a debtor, or(iii) is a party to a personal insolvency agreement as a debtor and the obligations created by the agreement remain undischarged, or(iv) authorises a controlling trustee to control the individual’s property, whether or not the individual has entered into a personal insolvency agreement as a debtor, or(b) has a status under a law of a foreign country substantially similar to an individual referred to in paragraph (a), or(c) otherwise applies to take the benefit of a law for the relief of bankrupt or insolvent debtors.
Section 144C Committing demerit offence
Omit section 144C(3). Insert instead—(3) Demerit offences committed in relation to a particular licence or licensed premises are taken, for the purposes of this part, to be a single demerit offence if the acts or circumstances giving rise to the offences occurred or existed within a single 24-hour period.
Section 18 Wholesale supply between pharmacists
Insert “single” before “customer” in section 18(a)(i).
Section 32 Consultation prior to making of regulations
Omit section 32(2). Insert instead—(2) Before recommending that regulations be made, the Minister must consult with a committee consisting of the Minister and the following Ministers—(a) the Minister administering the Health Services Act 1997,(b) the Minister administering the Biosecurity Act 2015,(c) the Minister administering the Fair Trading Act 1987,(d) the Minister administering the Energy and Utilities Administration Act 1987,(e) the Minister administering the Mining Act 1992,(f) the Minister administering the Local Government Act 1993,(g) the Minister administering the Environmental Planning and Assessment Act 1979.
Section 295Y Environmental monitoring programs
Omit “the Minister for Primary Industries or the Minister for Transport” from section 295Y(3).Insert instead “the Minister administering the Biosecurity Act 2015 or the Minister administering the Transport Administration Act 1988”.
[1] Sections 35(3) and 41(3)
Omit “is delivered” wherever occurring. Insert instead “is given”.
[2] Sections 35(3) and 41(3)
Omit “is so delivered” wherever occurring. Insert instead “is given”.
[3] Sections 35(5) and 41(4) and (5)
Omit “served with” wherever occurring. Insert instead “given”.
[4] Sections 92(1) and 104I(1)
Omit “a person authorised by Transport for NSW” wherever occurring.Insert instead “an authorised officer”.
[5] Sections 92(1) and 104I(1)
Omit “owner or person” wherever occurring. Insert instead “owner or officer”.
[6] Section 169A
Omit “light” wherever occurring.
Section 13 Executive Director
Insert after section 13(2)—(3) The Executive Director may also be referred to as the Chief Executive of the Royal Botanic Gardens and Domain.
Section 6 Registration of business
Omit “whether” from section 6(2)(d2). Insert instead “information confirming”.
Section 33B
Insert after section 33A—33B Exemptions by Surveyor-General(1) The Surveyor-General may exempt a registered surveyor from a requirement imposed by a regulation if—(a) the regulation is of a kind specified in section 36(2)(a), (b) or (f), and(b) in the Surveyor-General’s opinion, it is not practicable or necessary to comply with the requirement.(2) An exemption may be granted—(a) to all, or a class of, registered surveyors by a written direction published on a website maintained by the Surveyor-General, or(b) to a registered surveyor—(i) on application by the surveyor, and(ii) by written notice given to the surveyor.(3) An exemption may be granted subject to conditions.(4) An exemption does not apply to a registered surveyor unless the surveyor complies with the conditions of the exemption.(5) It is a condition of an exemption that a registered surveyor—(a) must record on each survey plan to which the exemption relates—(i) that an exemption has been relied on, and(ii) information sufficient to identify the particular exemption, and(iii) if the conditions to which the exemption is subject require additional information to be included—the required information, and(b) must, when lodging the survey plan with the Registrar-General or a public authority, give the Registrar-General or public authority a copy of the exemption.(6) The regulations may prescribe requirements for applications made under subsection (2)(b)(i), including—(a) the requirement that applications be in a form approved by the Surveyor-General, and(b) the fee that must accompany an application.
Clause 91 Exemption by Surveyor-General
Omit the clause.
Schedule 6 Savings, transitional and other provisions
Insert after Part 19O—Part 19P Provisions consequent on repeal of Associated General Contractors Insurance Company Limited Act 1980 and Bishopsgate Insurance Australia Limited Act 19831 DefinitionIn this part—repealed Act means the following—2 Saving of claimsA claim arising under a repealed Act continues, despite the repeal of the Act, to be a claim payable by the Insurer’s Guarantee Fund under this Act, Part 7, Division 7.
Schedule 2 Statute law revision amendments
Section 29 Adoption by relative
Omit “section 53 (b)” from section 29(a). Insert instead “section 53(1)(b)”.
Section 7.22 Definitions
Omit “section 7.24(1)” from the definition of measures to conserve or enhance the natural environment.Insert instead “section 7.25”.
Clause 24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act
Omit “and,” from clause 24(3), definition of employment, paragraph (c).Insert instead “, and”.
Schedule 4 Dictionary
Omit “section 7” from the definition of Greater Sydney Parklands Trust.Insert instead “section 5”.
Section 92A Expedition of certain matters
Omit “section 149C”. Insert instead “section 150D”.
Section 18 Class 2—local government and miscellaneous appeals and applications
Omit “section 83” from section 18(k). Insert instead “section 90”.
Section 80J Decisions about applications for DECCD access orders
Omit “considers” from section 80J(2)(b).
[1] Section 52, heading
Omit the heading. Insert instead—52 Effect of Environmental Planning and Assessment Act 1979, s 3.16
[2] Section 52, note
Omit “Section 28 of the Environmental Planning and Assessment Act 1979”.Insert instead “The Environmental Planning and Assessment Act 1979, section 3.16”.
[3] Section 52, note
Omit “Section 52 prevents section 28 of that Act”.Insert instead “This section prevents that Act, section 3.16”.
Sections 53(4), 78(f), 91(c), 147(2) and (5), 150(2), 151(2) and 152(1)(b)
Omit “Minister for Health and Medical Research” wherever occurring.Insert instead “Minister for Health”.
[1] Section 131 Dealing with misconduct matters
Omit “Part 8 of the Government Sector Employment Rules 2014” from section 131(1), note.Insert instead “the Government Sector Employment (NSW Police Force) Rules 2017, Part 6”.
[2] Section 179 Application of Industrial Relations Act 1996
Omit “President of the Commission” wherever occurring in section 179(2) and (3).Insert instead “Chief Commissioner”.
[3] Section 179(3)
Omit “President’s”. Insert instead “Chief Commissioner’s”.
Section 27A Provision of approved training, assessment and instruction
Omit “sections 15 (1) (d), 17 (7),” from section 27A(1).Insert instead “sections 15(1)(f)(iii), 17(7),”.
Section 2.16 Certain development to temporarily contain livestock permissible without consent
Omit “adjacent and” from section 2.16(3)(d). Insert instead “adjacent land”.
Schedule 3 Government sector finance consequential amendments
Section 8N Annual reporting
Omit “in its annual report made under the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984”.Insert instead “in its annual reporting information prepared under the Government Sector Finance Act 2018”.
Section 12 Audit by Auditor-General of payments from the Fund
Insert instead “Government Sector Audit Act 1983”.
Sections 15(2), 21(5) and 24(6)
Omit “annual report under the Annual Reports (Statutory Bodies) Act 1984” wherever occurring.Insert instead “annual reporting information prepared under the Government Sector Finance Act 2018”.
Clause 8 Annual reporting requirements under section 125 of Act
Omit the note at the end of the clause. Insert instead—Note—An agency’s report under the Act, section 125 may be included in the agency’s annual reporting information required to be prepared under the Government Sector Finance Act 2018, Division 7.3.
Rule 28 Application of Part
Omit “Public Finance and Audit Act 1983” from rule 28(4)(b)(i).Insert instead “Government Sector Audit Act 1983”.
Schedule 1 Savings, transitional and other provisions
Insert after clause 9A—9B References to annual reports(1) This clause applies to a GSF agency to which either of the following applied immediately before its repeal—(2) A reference in an affected provision to an annual report of the GSF agency must be read, on and from 1 July 2023, as a reference to annual reporting information for the GSF agency.
Section 12 Records management obligations
Omit “annual report under the Annual Reports (Statutory Bodies) Act 1984” from section 12(6).Insert instead “annual reporting information prepared under the Government Sector Finance Act 2018”.
Schedule 4 Amendments relating to machinery of government changes
Section 165A Delegation
Omit “Aboriginal Affairs, Department of Premier and Cabinet” from section 165A(a).Insert instead “the Premier’s Department”.
Section 31 Exemptions for Cabinet documents and other privileged material
Omit “the Department of Premier and Cabinet” from section 31(2).Insert instead “the Cabinet Office”.
Section 9A Delegation by trustees
Omit “the Department of Premier and Cabinet”.Insert instead “the Department of Communities and Justice”.
Dictionary
Omit “the Director-General of the Department of Premier and Cabinet” from the definition of Cemetery, note, paragraph (c)(ii).Instead instead “the Secretary of the Department of Planning and Environment”.
[1] Section 51 Notice to particular persons of reportable conduct or reportable conviction
Omit “the Department of Premier and Cabinet” from section 51(2)(c).Insert instead “the Premier’s Department”.
[2] Section 70 Cabinet information and proceedings
Omit “the Department of Premier and Cabinet” from section 70(2).Insert instead “the Cabinet Office”.
Section 66 Effect of Government Information (Public Access) Act 2009
Omit “the Department of Premier and Cabinet” wherever occurring in section 66(4).Insert instead “the Cabinet Office”.
Section 101E Members of Team
Omit section 101E(3)(a). Insert instead—(a) the Premier’s Department,
Section 111 Use of prescribed premises as voting centres
Omit “the Department of Premier and Cabinet” from section 111(1).Insert instead “the Cabinet Office”.
Section 8 Electricity price guarantee
Omit “the Department of Premier and Cabinet” wherever occurring in section 8(3) and (6).Insert instead “the Cabinet Office”.
[1] Section 97HD Cabinet information and proceedings
Omit “the Department of Premier and Cabinet” from section 97HD(2).Insert instead “the Cabinet Office”.
[2] Schedule 4A Energy security safeguard schemes
Omit “Secretary of the Department of Premier and Cabinet, or the General Counsel of that Department,” from clause 63(2).Insert instead “Secretary or General Counsel of the Cabinet Office”.
[3] Schedule 4A, clauses 132(2) and 198(2)
Omit “Secretary of the Department of Premier and Cabinet, or the General Counsel of the Department,” wherever occurring.Insert instead “Secretary or General Counsel of the Cabinet Office”.
[1] Section 9.2, heading
Omit “Department of Premier and Cabinet”.Insert instead “Premier’s Department”.
[2] Section 9.2(1) and (2)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
[1] Section 24 Report on compliance with Information Act
Omit “the Department of Premier and Cabinet” from section 24(1)(c).Insert instead “the Premier’s Department”.
[2] Section 30 Cabinet proceedings
Omit “the Department of Premier and Cabinet” from section 30(2).Insert instead “the Cabinet Office”.
[1] Schedule 3 Agencies declared to be part of other agencies
Omit “Department of Premier and Cabinet” from the matter relating to Library Council of New South Wales.Insert instead “Department of Enterprise, Investment and Trade”.
[2] Schedule 3
Omit “Department of Education” from the matter relating to Registrar under the Aboriginal Land Rights Act 1983.Insert instead “Premier’s Department”.
[1] Sections 18(2)(d) and 49(1), definition of “Industrial Relations Secretary” and note
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
[2] Section 83, heading
Omit “DPC Secretary”.Insert instead “Secretary of Premier’s Department”.
[3] Section 83(1), definition of “DPC Secretary”
Omit the definition. Insert in alphabetical order—Secretary means the Secretary of the Premier’s Department.
[4] Section 83(2)–(4A) and (6)
Omit “DPC” wherever occurring.
Clause 5 Accountable authority: section 2.7 (3) of Act
Omit “the Department of Premier and Cabinet”.Insert instead “the Department of Planning and Environment”.
[1] Section 6 Members of Commission
Omit section 6(1)(d)(i). Insert instead—(i) the Secretary of the Cabinet Office,
[2] Section 12 Delegation of Commission’s functions
Omit “the Department of Premier and Cabinet” from section 12(4), definition of , paragraph (f).Insert instead “the Cabinet Office”.
Sections 23(4), 36(1)(e), 121(5)(c) and 151(2)(b) and (3)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Department of Planning and Environment”.
[1] Appendix NSW Ministerial Code of Conduct
Omit “the Department of Premier and Cabinet” wherever occurring in clause 11.Insert instead “the Cabinet Office”.
[2] Appendix, Schedule to the NSW Ministerial Code of Conduct
Omit “the Department of Premier and Cabinet” wherever occurring in clauses 17(2), 18(3)–(5), 19, 21(2) and 22(3).Insert instead “the Cabinet Office”.
Section 25A Cabinet information and proceedings
Omit “the Department of Premier and Cabinet” from section 25A(2).Insert instead “the Cabinet Office”.
Section 92 Application of Part
Omit “the Department of Premier and Cabinet” from section 92(2).Insert instead “the Premier’s Department”.
Section 6(1)(b) and Schedule 1, clause 7(2)(b)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
Clause 40(1) and Schedule 1, items 5–7
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
Section 8 Board of Infrastructure NSW
Omit section 8(2)(d). Insert instead—(d) the Secretary of the Cabinet Office,
Section 5 Establishment of Jobs for NSW
Omit “the Department of Premier and Cabinet” from section 5(2)(d).Insert instead “the Premier’s Department”.
Sections 400J(2)(c) and 400T(2)(a)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
Section 112 Consultation concerning categorisation of land as an area of cultural significance
Omit section 112(2)(a)(iv). Insert instead—(iv) the Secretary of the Premier’s Department,
Section 10 and Schedule 2, clauses 7(1) and 8(1) and (2)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Premier’s Department”.
Section 15 Membership of music festival roundtable
Omit section 15(a)(i). Insert instead—(i) the Cabinet Office,
Section 19 Cabinet information and proceedings
Omit “the Department of Premier and Cabinet” from section 19(2).Insert instead “the Cabinet Office”.
Section 22 Cabinet information and proceedings
Omit “the Department of Premier and Cabinet” from section 22(2).Insert instead “the Cabinet Office”.
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)—Department means the Cabinet Office.
[2] Sections 3(1), definition of “Secretary” and 16(3A)–(5)
Omit “of Premier and Cabinet” wherever occurring.
Section 66F Exemption for employers under Jobs Plus agreements
Omit “the Department of Premier and Cabinet” from section 66F(12), definition of Jobs Plus administrator, paragraph (c).Insert instead “the Premier’s Department”.
Section 43 Disclosure of Cabinet or Executive Council information
Omit “the Department of Premier and Cabinet” from section 43(2).Insert instead “the Cabinet Office”.
Section 92 Burials in certain areas prohibited
Omit “the Department of Premier and Cabinet” from section 92(1)(d)(ii).Insert instead “the Department of Planning and Environment”.
Section 6A Steering Committee
Omit “the Department of Premier and Cabinet” wherever occurring in section 6A(1)(b) and (4).Insert instead “the Cabinet Office”.
Sections 67(2)(b) and 70
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Cabinet Office”.
Clause 19 Cabinet information and proceedings
Omit “the General Counsel of the Department of Premier and Cabinet” from clause 19(2).Insert instead “the Secretary or General Counsel of the Cabinet Office”.
Schedule 4 Authorised officers
Omit “the Department of Premier and Cabinet” wherever occurring in Schedule 4, definition of Class 6 officer, paragraph (b).Insert instead “the Department of Planning and Environment”.
Schedule 11 Conditions applying to complying development certificates under the Agritourism and Farm Stay Accommodation Code
Omit “the Department of Premier and Cabinet” from clause 15(b).Insert instead “the Department of Planning and Environment”.
Section 3.21 General conditions of complying development certificates
Omit “the Department of Premier and Cabinet” from section 3.21(10)(b).Insert instead “the Department of Planning and Environment”.
Sections 7(4A) and 16(1)
Omit “the Department of Premier and Cabinet” wherever occurring.Insert instead “the Cabinet Office”.
Section 7 Assessors
Omit “the Department of Premier and Cabinet” from section 7(1)(a).Insert instead “the Premier’s Department”.
Section 112A Provision of personal information to victims of crime and family victims
Omit section 112A(3), definition of victims rights agency, paragraph (c).Insert instead—(c) the Cabinet Office,
Schedule 5 Repeals
Repeal of redundant Acts
The following Acts are repealed—
Schedule 6 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by this Act to an amending provision is, if the amending provision has commenced before the 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 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.
3 Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the commencement of a provision of this Act.(2) A savings or transitional provision consequent on the commencement of a provision must not be made more than 2 years after the commencement.(3) A savings or transitional provision made consequent on the commencement of a provision is repealed 2 years after the commencement.(4) A savings or transitional provision made consequent on the commencement of a provision may take effect before the commencement but not before the date of assent to this Act.(5) A savings or transitional provision taking effect before its publication on the NSW legislation website does not—(a) affect the rights of a person existing before the publication in a way prejudicial to the person, or(b) impose liabilities on a person for anything done or omitted to be done before the publication.(6) In this section—person does not include the State or an authority of the State.