An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2005.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.(2) The amendments made by Schedules 1–3 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
3 Amendments
The Acts and instruments specified in Schedules 1–3 are amended as set out in those Schedules.
4 Repeals
Each Act specified in Schedule 4 is repealed.
5 General savings, transitional and other provisions
Schedule 5 has effect.
6 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Schedule 1 Minor amendments
(Section 3)
[1] Section 3 Definitions
Omit “financial statements” from paragraph (b) (i) of the definition of financial year.Insert instead “a financial report”.
[2] Section 9 Annual reports
Omit “financial statements” from section 9 (1) (a).Insert instead “a financial report”.
[3] Section 9 (1) (b)
Omit “those statements”. Insert instead “the financial report”.
[4] Section 9 (2) (a)
Omit “the financial statements”. Insert instead “a financial report”.
[5] Section 9 (2) (b)
Omit “those financial statements”. Insert instead “the financial report”.
[6] Section 9 (2) (b)
Omit “them”. Insert instead “it”.
[7] Section 9 (2) (b)
Omit “the other financial statements of the Department”.Insert instead “the Department’s financial report”.
[8] Section 18 Additional information
Omit “accounts” from section 18 (1). Insert instead “financial report”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
The proposed amendments make certain terms used in the Annual Reports (Departments) Act 1985 (the Act) consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
References to “financial statements”
Items [1]–[5] and [7] of the proposed amendments omit references in the nature of “financial statements” or “statements”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”.
Item [6] of the proposed amendments makes a consequential change substituting “it” for “them” where, in the same provision, “financial report” is substituted for “financial statements”.
Reference to “accounts”
Item [8] of the proposed amendments omits a reference to “accounts” of a Department. The object of this amendment is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, the item inserts instead a references to “financial report”.
[1] Clause 4 Identification of audited financial reports
Omit “statements”. Insert instead “report”.
[2] Clause 6
Omit the clause. Insert instead:6 Inclusion of unaudited financial reports and informationIf an unaudited financial report or unaudited financial information is included in the annual report of a Department, the fact that the financial report or financial information has not been audited is to be clearly indicated by note or otherwise.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
The proposed amendments make certain terms used in the Annual Reports (Departments) Regulation 2005 (the Regulation) consistent with the Annual Reports (Departments) Act 1985 which is, in turn, amended by this Schedule to be consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
Omission of entire provision
In the case of item [2], multiple changes have been made to the one provision by way of the omission and re-insertion of the provision. See the references to item [2] in the notes below as to the changes effected by the item.
References to “financial statements”
Items [1] and [2] of the proposed amendments omit references to “financial statements” or “statements”. The object of these amendments is to make the language of the Regulation in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report” or “report” as the context requires.
Item [2] of the proposed amendments also makes other changes as a consequence of the substitution of “financial report” for “financial statements”.
[1] Section 7 Annual reports
Omit section 7 (1) (a) (i), (ia) and (ii). Insert instead:(i) the statutory body’s financial report prepared in accordance with Division 3 of Part 3 of the Public Finance and Audit Act 1983 and the regulations under that Act,(ia) the financial report so prepared of each entity referred to in section 39 (1A) of the Public Finance and Audit Act 1983 which is controlled by the statutory body,(ii) the opinion of the auditor given in accordance with Division 3 of Part 3 of that Act as to any financial report referred to in subparagraph (i) or (ia),
[2] Section 7 (1) (a) (iii)
Omit “those statements relate”. Insert instead “the annual report relates”.
[3] Section 7 (1) (b)
Omit “financial statements”. Insert instead “financial reports”.
[4] Section 15 Additional information
Omit “accounts” from section 15 (1). Insert instead “financial report”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
The proposed amendments make certain terms used in the Annual Reports (Statutory Bodies) Act 1984 (the Act) consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
Omission of entire provisions
In the case of item [1], multiple changes have been made to the one group of provisions by way of the omission and re-insertion of the provisions. See the references to item [1] in the notes below for an explanation of the changes.
References to “financial statements”
Items [1]–[3] of the proposed amendments omit references in the nature of “financial statements” or “statements”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”, “financial reports” or “report” as the context requires.
Item [1] of the proposed amendments also makes an amendment in the nature of statute law revision to make it clear that the financial report referred to is the financial report of the relevant statutory body.
References to “accounts”
Item [4] of the proposed amendments omits a reference to the “accounts” of a statutory body in section 15 (1) of the Act. The object of this amendment is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, the item inserts instead a reference to “financial report”.
[1] Clause 5 Identification of audited financial reports
Omit “statements”. Insert instead “report”.
[2] Clause 7 Place for inclusion of detailed budget
Omit “statements”. Insert instead “report”.
[3] Clause 9
Omit the clause. Insert instead:9 Inclusion of unaudited financial reports and informationIf an unaudited financial report or unaudited financial information is included in the annual report of a statutory body, the fact that the financial report or financial information has not been audited is to be clearly indicated by note or otherwise.
[4] Clause 10 Annual reports of prescribed statutory bodies
Omit clause 10 (1) (b). Insert instead:(b) a copy of the audited financial report for the Heritage Conservation Fund for the year for which the annual report is prepared.
[5] Clause 10 (2)
Omit the subclause. Insert instead:(2) For the purposes of section 7 (1) (b) of the Act, the financial report of The Dumaresq—Barwon Border Rivers Commission, which has been audited by the Auditor-General of New South Wales or Queensland (as the case may be), is prescribed in relation to that Commission.
[6] Schedule 1 Report of operations
Omit “Department” wherever occurring. Insert instead “statutory body”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council's policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
Items [1]–[5] of the proposed amendments make certain terms used in the Annual Reports (Statutory Bodies) Regulation 2005 (the Regulation) consistent with the Annual Reports (Statutory Bodies) Act 1984 which is, in turn, amended by this Schedule to be consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
IASB standards—omission of entire provisions
In the case of items [3]–[5] of the proposed amendments, multiple changes have been made to the one provision by way of the omission and re-insertion of the provision. See the reference or references to the relevant item in the notes below as to the particular change or changes effected by the item.
IASB standards—references to “financial statements”
Items [1]–[5] of the proposed amendments omit references to “financial statements” or “statements”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report” or “report” as the context requires.
Items [3]–[5] of the proposed amendments also make changes consequential on the substitution of the term “financial report” for the term “financial statements”, for example, substituting a reference to “is” prepared for a reference to “are” prepared.
Item [4] also makes an amendment to clause 10 (1) (b) to make it clear that the reference to the year for which “the report is prepared” is a reference to the year for which the annual report of the statutory body is prepared.
Law revision amendment
Item [6] of the proposed amendments makes amendments in the nature of law revision to substitute references to “statutory body” for incorrect references in the Regulation to “Department”.
[1] Section 3 Definitions
Insert “, by notice published in the Gazette,” after “Minister” in paragraph (b) of the definition of common in section 3 (1).
[2] Section 3 (6)
Insert after section 3 (5):(6) Notes included in this Act do not form part of this Act.
[3] Section 61A
Insert after section 61:61A Revocation of a common(1) The revocation of the setting aside of land as a common is to be effected by the Minister by notice published in the Gazette.(2) Any such revocation may relate to the whole or part of the land concerned.(3) If the revocation relates to part of the land only, the Minister may deal with that part as if it were Crown land subject to the Crown Lands Acts and not otherwise.Note—Section 24 provides that on the revocation of the whole of a common, the trust established for the common is dissolved and that the Minister may deal with any real property of the trust as if it were Crown land subject to the Crown Lands Acts and not otherwise.
Explanatory note
A common is defined in section 3 of the Commons Management Act 1989 to include land set aside by the Governor or the Minister as a common or for pasturage for the use of the inhabitants of a specified locality. Item [1] of the proposed amendments provides for the setting aside of the land to occur by notice published in the Gazette. This reflects existing administrative practice.
Item [2] of the proposed amendments is a consequential amendment clarifying the status of notes.
Item [3] of the proposed amendments provides for the revocation of the setting aside of land as a common to be effected by notice of the Minister published in the Gazette, which also reflects existing administrative practice.
In addition, item [3] provides that, in the case of a partial revocation, the land concerned is to be dealt with as if it were Crown land subject to Crown lands legislation. This is consistent with the position currently applying where a revocation relates to the whole of a common.
[1] Section 45 Licences
Omit “34B” from section 45 (1). Insert instead “34A”.
[2] Section 92 Reserve trusts
Insert “the Minister (to the extent that the Minister is responsible for managing the affairs of a reserve trust), or” after “is a reference to” in section 92 (6A).
[3] Section 92 (6B)
Omit section 92 (6B) and (6C). Insert instead:(6B) There can be more than one reserve trust manager for a reserve trust with the function of managing the affairs of the reserve trust allocated between them by the Minister in accordance with the following provisions:(a) The Minister can allocate the exercise of functions in respect of different aspects of the affairs of the reserve trust or different parts of the reserve to different reserve trust managers, as specified in the allocation or as determined by the Minister, with those functions to be exercised in accordance with such arrangements (if any) as may be determined by the Minister.(b) The Minister is the reserve trust manager for any aspect of the affairs of a reserve trust or any part of the reserve not allocated to another reserve trust manager and is accordingly allocated the function of managing the affairs of the reserve trust in respect of any such unallocated aspects of those affairs or unallocated parts of the reserve.(c) A reserve trust manager has the function of managing the affairs of the reserve trust only to the extent of the allocated functions and is, for the purposes of this or any other Act or law, the reserve trust manager to that extent only.
Explanatory note
Item [1] of the proposed amendments corrects an incorrect cross-reference.
Currently, section 92 of the Crown Lands Act 1989 enables the affairs of a reserve trust to be managed by the Minister for Lands or reserve trust managers appointed by the Minister (appointed reserve trust managers). Item [3] of the proposed amendments makes provision for the affairs of a reserve trust to be managed by more than one reserve trust manager, including the Minister. This provision represents an extension of the existing section 92 (6B) and (6C), which make provision for the affairs of a reserve trust to be managed by more than one appointed reserve trust manager, but not in conjunction with the Minister.
The amendment made by item [2] is consequential on the amendment made by item [3].
Section 46A
Insert after section 46:46A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means any of the following:(a) an inspector (other than a member who is deemed to be an inspector under section 9 (2)),(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Explanatory note
The proposed amendment allows penalty notices (on-the-spot fines) to be issued in respect of offences against the Exhibited Animals Protection Act 1986 or the regulations made under that Act, but only if those offences are prescribed by regulations under that Act as penalty notice offences.
Section 73A
Insert after section 73:73A Service of documents(1) A document that is authorised or required by this Act or the regulations to be given to or served on any person may be given or served by:(a) in the case of a natural person:(i) delivering it to the person personally, or(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or(iii) sending it by facsimile transmission to the facsimile number of the person, or(b) in the case of a body corporate:(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or(ii) sending it by facsimile transmission to the facsimile number of the body corporate.(2) A document that is required or permitted to be given to or served on the occupier of any particular premises may, if addressed to the occupier of the premises (either by name or as the occupier), be given or served:(a) by delivering the document or a true copy of it to some person on those premises who is apparently over the age of 16 years, or(b) if there is no person on those premises who can be given or served with the document, by fixing the document or copy to some conspicuous part of the premises.(3) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be given or served on a person in any other manner.(4) In this section:occupier of premises includes a person in charge or in apparent control of the premises.premises includes place, area or vehicle.
Explanatory note
The proposed amendment inserts section 73A into the Exotic Diseases of Animals Act 1991 which provides for the service of documents under the Act.
[1] Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Exhibited Animals Protection Act 1986, section 46AMeat Industry Act 1978, section 76ANon-Indigenous Animals Act 1987, section 27AStock (Chemical Residues) Act 1975, section 15AStock Foods Act 1940, section 32A
[2] Schedule 1
Omit “Ozone Protection Act 1989, section 20”.
[3] Schedule 1
Omit “Wool, Hide and Skin Dealers Act 1935, section 12A”.
Explanatory note
Item [1] of the proposed amendments is consequential and provides for the enforcement of penalty notices issued under:
(a) certain sections proposed to be inserted into various Acts by amendments made elsewhere in this Schedule, and
(b) an existing provision of the Meat Industry Act 1978.
Item [2] of the proposed amendments omits a cross-reference to a repealed section.
Item [3] of the proposed amendments omits a cross-reference to a repealed Act.
1.10 Food Act 2003 No 43
[1] Section 133 Information in relation to prosecutions to be forwarded to Director-General
Omit the section.
[2] Section 137 Publication of names of offenders
Omit section 137 (2). Insert instead:(2) Except as provided by subsection (3), the notification may only be published within 21 days after the last day on which an appeal may be made against the conviction.
[3] Sections 137A and 137B
Insert after section 137:137A Recovery of fees and chargesAny charge, fee or money due to the Food Authority under this Act is recoverable by the Food Authority in a court of competent jurisdiction as a debt due to the Crown.137B Authorised officers may perform functions under Commonwealth legislationThe Minister may, on behalf of the State, enter into arrangements with a Commonwealth Minister or officer of the Commonwealth government in relation to the exercise under Commonwealth legislation, by authorised officers authorised under this Act, of functions relating to food inspection.
Explanatory note
Item [1] of the proposed amendments omits a section of the Food Act 2003 (the Act) that requires a council or the Commissioner of Police to provide certain information to the NSW Food Authority about the taking of proceedings under the Act. The provision is considered unnecessary as the NSW Food Authority is required to be notified by enforcement agencies (which do not include the Commissioner of Police) after the finalisation of proceedings taken by them under the Act (see section 113 (2) of the Act).
Section 137 of the Act enables the NSW Food Authority to publish a notification about certain persons convicted of offences under the Act. Currently, the notification may only be published within 21 days of the conviction concerned unless an appeal against the conviction has been made, in which case the Authority must wait until the outcome of the appeal. However, the time within which an appeal may be made could exceed the 21-day period within which the notification is to be published in the absence of an appeal. Item [2] of the proposed amendments amends section 137 to provide that the 21-day period for publishing a notification in the absence of an appeal is to run from the expiry of the time within which an appeal may be made and not from the time of the conviction.
Item [3] of the proposed amendments inserts sections 137A and 137B into the Act. Proposed section 137A states that fees, charges and other money due to the NSW Food Authority may be recovered as a debt due to the Crown. Proposed section 137B enables the Minister for Primary Industries to enter into arrangements with the Commonwealth for the exercise by authorised officers under the Act of functions under Commonwealth legislation relating to the inspection of food. Similar provisions were contained in the Food Production (Safety) Act 1998 (now repealed) which established Safe Food Production NSW but were not reproduced in the Act. The NSW Food Authority is a continuation of Safe Food Production NSW.
[1] Section 7 Incorporation
Omit “State Forests of NSW” from section 7 (4).Insert instead “Forests NSW”.
[2] Section 13 Application of money
Omit section 13 (5). Insert instead:(5) The Minister may from time to time by notice published in the Gazette set a limit on the amount of money that the commission may expend on any work without the approval of the Minister. Any expenditure by the commission that exceeds that limit is subject to the approval of the Minister.
Explanatory note
Item [1] of the proposed amendments updates a reference to the trading name of the Forestry Commission, which the commission may use in the exercise of its functions under any Act.
Item [2] of the proposed amendments allows the Minister for Primary Industries to set a limit on the amount of money that the Forestry Commission may expend on any work without the approval of the Minister and provides that any expenditure by the commission that exceeds that limit is subject to the approval of the Minister. At present, all expenditure above $500,000 must be approved by the Minister (see section 13 (5) of the Forestry Act 1916).
Section 45 Surrender of authority
Omit the section.
Explanatory note
The proposed amendment omits a section of the Home Building Act 1989 that provides for a matter (being the means by which authorities under that Act may be surrendered) that is adequately dealt with by section 21 (7) of the Licensing and Registration (Uniform Procedures) Act 2002.
[1] Section 57E Staff of Inspector
Omit “government department” from section 57E (4) (a).Insert instead “Department”.
[2] Section 57E (4A)
Insert after section 57E (4):(4A) The Department Head of a Department in which staff of the Inspector are employed may delegate to the Inspector or a member of staff of the Inspector any of the Department Head’s functions under the Public Sector Employment and Management Act 2002 with respect to those staff (other than this power of delegation).
[3] Section 57E (6)
Insert after section 57E (5):(6) In this section:Department has the same meaning as in the Public Sector Employment and Management Act 2002.Department Head has the same meaning as in the Public Sector Employment and Management Act 2002.
[4] Section 70 Confidentiality
Insert “or Inspector” after “Commissioner” wherever occurring in section 70 (1A) and (1C).
Explanatory note
Under section 57E of the Independent Commission Against Corruption Act 1988 (the Act), staff of the Inspector of the Independent Commission Against Corruption (the ICAC) may include persons who are employed by a Department of the Public Service. Item [2] of the proposed amendments allows the Department Head of a Department in which staff of the Inspector are employed to delegate to the Inspector or a member of staff of the Inspector any of the Department Head’s functions under the Public Sector Employment and Management Act 2002 with respect to those staff.
Items [1] and [3] are consequential amendments.
The Act empowers the Committee on the Independent Commission Against Corruption (the Committee) to veto a proposal to appoint a person as Commissioner for the ICAC or Inspector of the ICAC. Section 70 (1A) of the Act requires the Committee to take in private, evidence proposed to be given to the Committee that relates to the proposed appointment of a person as Commissioner for the ICAC or to direct that any documents produced or proposed to be produced to the Committee relating to such a proposed appointment be treated as confidential. Item [4] of the proposed amendments extends that provision to cover evidence or documents relating to the proposed appointment of a person as Inspector of the ICAC.
Item [4] also extends section 70 (1C) of the Act (which requires the Committee not to disclose (except to the Minister) whether or not it has vetoed or proposes to veto the proposed appointment of a person as Commissioner for the ICAC) to the proposed appointment of a person as Inspector of the ICAC. (These amendments bring the confidentiality provisions in the Act in line with those in the Ombudsman Act 1974 in their application to the proposed appointment of a person as Inspector of the Police Integrity Commission.)
[1] Schedule 1 Alcohol and drugs—breath analysis and related matters
Insert after clause 3 (2):(3) Before requiring a person to undergo a breath test under subclause (1A) or (1), and for the purpose of determining whether to conduct such a test, a police officer or other authorised officer (as the case may be) may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.
[2] Schedule 3 Amendment of other Acts
Omit Schedule 3.2.
Explanatory note
Item [1] of the proposed amendments confirms the current practice of police and other authorised officers of conducting a preliminary assessment to determine whether alcohol is present in the breath of a person who is or was operating a vessel. The purpose of conducting the preliminary assessment is to determine whether to proceed to assess the concentration of alcohol present in a person’s blood by means of a breath test. The preliminary assessment is conducted by requiring a person to talk into a device that indicates the presence of alcohol.
Item [2] of the proposed amendments omits an uncommenced amendment to a repealed Act.
Section 27A
Insert after section 27:27A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, includes a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Explanatory note
The proposed amendment allows penalty notices (on-the-spot fines) to be issued in respect of offences against the Non-Indigenous Animals Act 1987 or the regulations made under that Act, but only if those offences are prescribed by regulations under that Act as penalty notice offences.
[1] Section 101 Magistrates or Justices may appoint special constables
Omit “as in the next subsection provided” from section 101 (1A).Insert instead “provided for in subsection (2)”.
[2] Section 101 (4)
Insert after section 101 (3):(4) Despite subsection (2), a person who is authorised to administer the oath, affirmation or engagement of the office of a member of a police force (including the Australian Federal Police) referred to in subsection (1A) (a) is authorised to administer to a member of that police force who is appointed as a special constable under that provision the oath referred to in subsection (2).
[3] Section 104 Penalty for refusing to take the oath of office
Omit “hereinbefore mentioned when thereunto required by the Magistrate or Justices appointing him,”.Insert instead “of a special constable in accordance with section 101”.
Explanatory note
Section 101 of the Police (Special Provisions) Act 1901 (the Act) presently authorises only the Magistrate or Justices of the Peace who appoint special constables under that provision (being Magistrates or Justices of the Peace of New South Wales) to administer the oath of that office to appointees. The object of item [2] of the proposed amendments is to allow persons who are authorised to administer the police oath (or its equivalent) to a member of a police force referred to in section 101 (1A) (a) of the Act (being the Australian Federal Police, or a police force of another State or of the Australian Capital Territory) to administer the oath of a special constable to a member of that police force who is appointed as a special constable.
Items [1] and [3] are consequential amendments.
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):Australian Accounting Standards means the standards issued by the Australian Accounting Standards Board as in force for the time being.financial report means:(a) in respect of the Total State Sector—the Total State Sector Accounts, and(b) in respect of a statutory body—a financial report referred to in section 41A, and(c) in respect of a Department—a financial report referred to in section 45D.
[2] Section 4 (1), definition of “financial year”
Omit “1 April to the next following 31 March” from paragraph (b) (ii).Insert instead “1 July to the next following 30 June”.
[3] Section 4 (1), definition of “the Total State Sector Accounts”
Omit “statements”. Insert instead “financial report”.
[4] Section 6 Preparation of the Total State Sector Accounts
Omit “consolidated financial statements” from section 6 (1).Insert instead “a consolidated financial report”.
[5] Sections 6 (2) and 43A (3)
Omit “statements” wherever occurring. Insert instead “report”.
[6] Section 6 (2)
Omit “are”. Insert instead “is”.
[7] Sections 6 (3) and 9 (2) (n)
Omit “statements” wherever occurring. Insert instead “reports”.
[8] Sections 9 (2) (g), 27B (3) (a), 52 (3) and 57 (1) (b), (d), (e) and (f)
Omit “accounts” wherever occurring. Insert instead “financial reports”.
[9] Section 35 Inspection and audit of books and records of accounting officers
Omit “books and accounts” from section 35 (2).Insert instead “books and records”.
[10] Section 35 (2)
Omit “whose accounts”. Insert instead “whose financial report”.
[11] Sections 36 (1) and (5) (a), 41 (1) and 45C
Omit “accounts” wherever occurring. Insert instead “books”.
[12] Section 36 (3)
Omit “books, accounts, records or documents”.Insert instead “books, records, documents or papers”.
[13] Sections 36 (7) and 38A, definition of “authority”
Omit “accounts are” wherever occurring.Insert instead “financial report is”.
[14] Sections 39 (1A) and 45A (1A)
Omit “within the meaning of Australian Accounting Standard AAS 24: Consolidated Financial Reports and Accounting Standard AASB 1024: Consolidated Accounts” wherever occurring.Insert instead “as defined in Australian Accounting Standards”.
[15] Sections 39 (3) and 45A (4)
Omit “accounts” wherever occurring.Insert instead “financial report, books, records”.
[16] Section 41 (heading)
Omit “accounts”.Insert instead “books and records”.
[17] Section 41 (2)
Omit “of account”. Insert instead “and records”.
[18] Sections 41A (1) and 45D (1)
Omit “financial statements” wherever occurring.Insert instead “a financial report”.
[19] Section 41A Preparation of financial report
Omit “financial statements” from section 41A (2).Insert instead “the Audit Office’s financial report”.
[20] Sections 41B (heading) and 45D (heading)
Omit “statements” wherever occurring. Insert instead “reports”.
[21] Section 41B (1)
Omit “The financial statements referred to in section 41A of a statutory body”.Insert instead “A statutory body’s financial report”.
[22] Section 41B (1) (a)
Omit “having regard to current accounting standards and industry practices relating to the statutory body”.Insert instead “in accordance with Australian Accounting Standards”.
[23] Section 41B (1) (b)
Omit the paragraph.
[24] Section 41B (1) (c)
Omit “shall consist of”. Insert instead “is to include”.
[25] Section 41B (1) (c) (i)–(v)
Omit the subparagraphs.
[26] Section 41B (1) (e)
Omit “transactions” wherever occurring.Insert instead “financial performance”.
[27] Section 41B (2)–(4)
Omit the subsections.
[28] Section 41BA Variation of requirements
Omit “of financial statements” from section 41BA (1).Insert instead “of financial reports”.
[29] Section 41BA (1) (a)
Omit “the financial statements”. Insert instead “a financial report”.
[30] Section 41C Auditing etc of financial report
Omit section 41C (1). Insert instead:(1) The Auditor-General is to audit a statutory body’s financial report for a financial year within 10 weeks of its receipt by the Auditor-General.
[31] Sections 41C (1A) (a) and 45F (1A) (a)
Omit “accounts caused to be kept by” wherever occurring.Insert instead “financial report of”.
[32] Sections 41C (1A) (b) and 45F (1A) (b)
Omit “statements comply” wherever occurring.Insert instead “report complies”.
[33] Section 41C (1B)
Omit the subsection. Insert instead:(1B) An opinion in relation to the financial report of a statutory body is not to be furnished under subsection (1A) unless the Auditor-General has received a statement made in accordance with a resolution of the statutory body and:(a) stating whether, in the opinion of the person or persons by whom the statement is signed:(i) the financial report exhibits a true and fair view of the financial position and financial performance of the statutory body, or(ii) if the statutory body is the Senate, Council or Board of Governors of a university, the financial report exhibits a true and fair view of the financial position and financial performance of the university, and(b) including such matters as are prescribed by the regulations for the purposes of this subsection.
[34] Section 41C (2)
Omit the subsection. Insert instead:(2) Nothing in this section prevents the alteration of a statutory body’s financial report, with the approval of the Auditor-General, after its receipt by the Auditor-General and before its submission to the Minister.
[35] Section 41D
Omit the section. Insert instead:41D Return of audited financial report etc to statutory bodyThe Auditor-General or a person authorised by the Auditor-General shall, after all the functions conferred by section 41C in relation to the financial report of a statutory body have been performed, submit the financial report and the opinion under that section to the statutory body for submission to the Minister.
[36] Section 43 Inspection and audit of financial reports, books and records of statutory bodies
Omit “accounts” from section 43 (1). Insert instead “financial reports, books”.
[37] Section 43A General audit of former statutory bodies
Omit section 43A (2) (a). Insert instead:(a) a financial report for the portion of the financial year ending when the body ceased to be such a statutory body (and for any previous financial year) is to be prepared and submitted, and
[38] Section 43A (2) (b)
Omit “the accounts of the body are”. Insert instead “the financial report is”.
[39] Section 43A (2)
Omit “they”. Insert “it”.
[40] Section 45 Particular audit
Omit section 45 (1). Insert instead:(1) In accordance with the request of the Treasurer, a Minister or a person prescribed for the purposes of this section in relation to a statutory body, the Auditor-General is to inspect and audit:(a) in the case of a statutory body to which section 44 (1) (a) applies—the financial report of the statutory body and the books and records of financial transactions of or relating to:(i) the statutory body, and(ii) assets of or in the custody of the body, and(b) in the case of a statutory body to which section 44 (1) (b) applies—the financial report of the statutory body and the books and records of financial transactions of or relating to the fund or account under the control or management of the statutory body.
[41] Section 45E Nature of financial reports
Omit section 45E (1). Insert instead:(1) A Department’s financial report:(a) is to be prepared in accordance with Australian Accounting Standards, and(b) is to comply with any written directions of the Treasurer as to form and content, and(c) is to exhibit a true and fair view of the financial position and financial performance of the Department.
[42] Section 45EA Variation of requirements
Omit “of financial statements” from section 45EA (1).Insert instead “of a financial report”.
[43] Section 45EA (1) (a)
Omit “the financial statements”. Insert instead “a financial report”.
[44] Section 45F Auditing etc of financial reports
Omit section 45F (1). Insert instead:(1) The Auditor-General is to audit a Department’s financial report for a financial year within 10 weeks of its receipt by the Auditor-General.
[45] Section 45F (1B)
Omit the subsection. Insert instead:(1B) An opinion in relation to the financial report of a Department is not to be furnished under subsection (1A) unless the Auditor-General has received a statement:(a) stating whether, in the opinion of the Department Head, the financial report exhibits a true and fair view of the financial position and financial performance of the Department, and(b) including such matters as are prescribed by the regulations for the purposes of this subsection.
[46] Section 45F (2)
Omit the subsection. Insert instead:(2) Nothing in this section prevents the alteration of a Department’s financial report, with the approval of the Auditor-General, after its receipt by the Auditor-General and before its submission to the Minister.
[47] Section 45G
Omit the section. Insert instead:45G Return of audited financial report etc to Department HeadThe Auditor-General or a person authorised by the Auditor-General shall, after all the functions conferred by section 45F in relation to the financial report of a Department have been performed, submit the financial report and the opinion under that section to the Department Head for submission to the Minister.
[48] Section 45I Inspection and audit of financial reports, books and records of Departments
Omit “accounts” from section 45I (1).Insert instead “financial reports, books”.
[49] Section 47 Appointment and functions of auditor
Omit “books and accounts” from section 47 (1).Insert instead “Audit Office’s financial report and the books and records”.
[50] Section 48 Auditing of financial report and records
Omit “books and accounts” from section 48 (1).Insert instead “Audit Office’s financial report and the books and records”.
[51] Section 49 Examination by Auditor-General of the Total State Sector Accounts
Omit section 49 (1). Insert instead:(1) The Auditor-General shall examine the Total State Sector Accounts transmitted to the Auditor-General by the Treasurer in accordance with section 6 (4) and shall prepare and sign an opinion stating whether the Total State Sector Accounts are properly drawn up in accordance with this Act and accord with the books and records of the Treasurer.
[52] Section 52 Auditor-General’s reports
Omit “accounts” from section 52 (1).Insert instead “Total State Sector Accounts”.
[53] Section 52C Definitions
Omit “accounts are” from the definition of .Insert instead “financial report is”.
[54] Section 53 Definitions
Omit “accounts of which are” from paragraph (b) of the definition of .Insert instead “financial report of which is”.
[55] Section 57 Functions of Committee
Omit “accounts” from section 57 (1) (c). Insert instead “financial report”.
[56] Section 59 Form of books, records etc
Omit “, account” from section 59 (1), (2), (3) and (4) wherever occurring.
[57] Section 61 Misappropriation of money or property
Omit “books of account” from section 61 (3).Insert instead “books, records”.
[58] Section 63A Reference of matters to Public Accounts Committee
Omit “statements” from section 63A (2) and (3) wherever occurring.Insert instead “report”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
Items [1], [3]–[11], [13]–[21] and [24]–[58] of the proposed amendments make certain terms used in the Public Finance and Audit Act 1983 (the Act) consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
IASB standards—omission of entire provisions
In the case of items [30], [33], [34], [35], [37], [40], [41], [44], [45], [46], [47] and [51] multiple changes have been made to the one provision by way of the omission and re-insertion of the provision. See the reference or references to the relevant item in the notes below as to the particular change or changes effected by the item.
IASB standards—definition of Australian Accounting Standards
Item [1] of the proposed amendments inserts a definition of Australian Accounting Standards in section 4 (1) of the Act. The defined term is currently used in the Act and is also inserted in other provisions by items [14], [22] and [41] of the proposed amendments.
The object of this definition is to make it clear that references in the Act to Australian Accounting Standards are references to Australian Accounting Standards as in force for the time being. Accordingly it is made clear that the references include the standards currently in force that are equivalent to IASB standards and such standards issued in the future.
IASB standards—definition of financial report
The object of the insertion by item [1] of the proposed amendments of a definition of financial report is to make it clear, when referring to a financial report in respect of the relevant accounting entity, to which form of financial report the reference refers.
IASB standards—control
Item [14] of the proposed amendments replaces references to control “within the meaning of Australian Accounting Standard AAS 24: Consolidated Financial Reports and Accounting Standard AASB 1024: Consolidated Accounts” in sections 39 (1A) and 45A (1A) with references to control “as defined in Australian Accounting Standards”. The standards to which reference is omitted are no longer in force.
Instead, reference is made to Australian Accounting Standards, a term defined by a definition inserted by item [1]. As explained in relation to item [1], the references in sections 39 (1A) and 45A (1A) to Australian Accounting Standards accordingly include the standards currently in force that are equivalent to IASB standards and such standards issued in the future.
IASB standards—financial reports of statutory bodies
The object of the amendment made by item [24] of the proposed amendments is to provide that financial reports that, under section 41B (1) (a) (as amended by item [22]), are to be prepared in accordance with Australian Accounting Standards, may include matters other than the matters currently set out in section 41B (1) (c), for example matters required under Australian Accounting Standards.
The object of the amendment made by item [25] of the proposed amendments is to ensure that the matters that are required to be included under section 41B (1) (c) are not inconsistent with the requirement to prepare a financial report in accordance with Australian Accounting Standards. This is done by omitting redundant requirements. Item [27] of the proposed amendments (to the extent that it omits section 41B (3), (3A) and (4) of the Act) is an amendment consequential on the amendment made by item [25].
IASB standards—references to “financial statements”
Items [3], [4], [5], [7], [18], [19], [20], [21], [28], [29], [32], [33], [34], [35], [37], [41], [42], [43], [46], [47] and [58] of the proposed amendments omit references to “financial statements” or “statements”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”, “financial reports” or “report” as the context requires.
Items [6], [33], [34], [38], [39] and [41] of the proposed amendments make consequential changes, for example, substituting “is” for “are” if, in the same provision, “financial report” is substituted for “financial statements”.
IASB statements—references to “transactions”
Items [26], [33], [40] and [41] of the proposed amendments replace references in the Act to “transactions” with references to “financial performance”. The object of such amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards.
IASB standards—references to “accounts”
Items [8], [9], [10], [11], [13], [15], [16], [17], [30], [31], [36], [38], [40], [44], [45], [48], [49], [50], [51] (where “account” occurs secondly in the current section 49 (1)), [52], [53], [54], [55], [56] and [57] of the proposed amendments omit references to “accounts”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to other terms as the context requires.
Item [56] does not replace the term omitted.
Items [8], [10], [13], [30], [38], [44], [45], [53], [54] and [55] insert instead references to “financial report”.
Items [9], [11], [16], [17] and [51] insert instead references to “records”, “books” or “books and records”.
Items [15], [36], [40], [48], [49] and [50] insert instead references to “financial report and books and records”.
Item [57] omits a reference to “books of account” and inserts instead a reference to “books, records”.
Item [51] of the proposed amendments omits “accounts” where firstly occurring in section 49 (1) and inserts instead “Total State Sector Accounts” to make it clear that the terms are referring to the same financial report. A corresponding amendment is made by item [52] of the proposed amendments in respect of section 52.
Statutory authority’s financial year
The object of item [2] of the proposed amendments is to provide (if no other provision applies to the statutory authority in respect of this matter) for a statutory authority’s financial year, within the meaning of the Act, to run from 1 July to the following 30 June instead of from 1 April to the following 31 March.
Accrual accounting
Items [23], [27] (to the extent that it omits section 41B (2) of the Act) and [41] (in part) of the proposed amendments remove redundant references in the Act to accrual accounting.
Item [41] of the proposed amendments replaces a redundant reference to preparing a financial statement of a Department on an accrual accounting basis with a reference to preparing a financial report of a Department in accordance with Australian Accounting Standards.
The use in item [41] of the defined term Australian Accounting Standards, the relevant definition being inserted by item [1] of the proposed amendments, has the effect that this provision also incorporates reference to existing and future Australian Accounting Standards that are equivalent to IASB standards.
Inclusion of reference to papers
Item [12] of the proposed amendments inserts a reference to “papers” in the kinds of documents the Auditor-General is entitled to require the production of under section 36 (3) of the Act.
This amendment makes section 36 (3) consistent with section 36 (1) (as amended by item [11]) and section 36 (5) (a) (as amended by item [11]) in their reference to such documents.
Preparation of financial reports of statutory bodies
Item [22] of the proposed amendments changes the requirements in respect of the preparation of financial reports of statutory bodies under section 41B of the Act. Section 41B (1) (a) of the Act currently provides that the financial statements shall be prepared “having regard to current accounting standards and industry practices relating to the statutory body”. Proposed section 41B (1) (a), as amended by item [22], provides for the financial report of the body to be prepared “in accordance with Australian Accounting Standards”. The effect of the amendment is to require compliance with Australian Accounting Standards rather than providing for their preparation “with regard to” certain matters and also to remove the ability of a statutory body to prepare financial reports with regard to industry practices relevant to the statutory body.
[1] Clause 3 Definitions
Omit the definitions of Australian Accounting Standards and financial statements from clause 3 (1).
[2] Clause 3 (2)
Omit “financial statements”. Insert instead “a financial report”.
[3] Clause 4 Certification
Omit “statements have” from clause 4 (a). Insert instead “report has”.
[4] Clauses 4 (b), 7 (2), 8 (2) and 11 (b)
Omit “statements” wherever occurring. Insert instead “report”.
[5] Clause 5 Exemptions
Omit “statements” from clause 5 (1) and (4) wherever occurring.Insert instead “report”.
[6] Clause 5 (4)
Omit “to”. Insert instead “within”.
[7] Clause 6
Omit the clause. Insert instead:6 Accounting standardsExcept as may be provided by the Act, this Regulation and the Treasurer’s directions, the financial report of a statutory body must be prepared in accordance with Australian Accounting Standards.
[8] Clause 7 Income and expenditure information
Omit clause 7 (1). Insert instead:(1) For the purposes of section 41B (1) (c) (vi) and (g) of the Act, the particulars set out in Part 1 of Schedule 1 must be shown separately in the financial report of a statutory body.
[9] Clauses 7 (3) and 8 (3)
Omit “transactions” wherever occurring.Insert instead “financial performance”.
[10] Clause 8 Balance sheet information
Omit clause 8 (1). Insert instead:(1) For the purposes of section 41B (1) (c) (vi) and (g) of the Act, the particulars set out in Part 2 of Schedule 1 must be shown separately in the financial report of a statutory body.
[11] Clause 9 Rounding off
Omit “statement”. Insert instead “report”.
[12] Clause 10 Exclusion of budget information from certain financial reports submitted for certification
Omit “statements” from clause 10 (1). Insert instead “report”.
[13] Clause 10 (2)
Omit the subclause. Insert instead:(2) Subclause (1) does not apply to the financial report of a statutory body if the statutory body is required by or under the Act (including by a condition of exemption granted under the Act or a direction of the Treasurer under the Act) to include a budget or budget information in that report.
[14] Clause 11 Certification
Omit “statements have” from clause 11 (a). Insert instead “report has”.
[15] Clause 12 Exemptions
Omit “statements” from clause 12 (1) and (4) wherever occurring.Insert instead “report”.
[16] Clause 12 (4)
Omit “to”. Insert instead “within”.
[17] Clause 14 Definitions of “authority” and “officer of an authority”
Omit “the Police Service” from clause 14 (1) and (2) wherever occurring.Insert instead “NSW Police”.
[18] Schedule 1 (heading)
Omit “statements”. Insert instead “reports”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council's policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
The proposed amendments make certain terms used in the Public Finance and Audit Regulation 2005 (the Regulation) consistent with the Public Finance and Audit Act 1983 (the Act) which is, in turn, amended by this Schedule to be consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
IASB standards—omission of entire provisions
In the case of items [7], [8], [10] and [13] of the proposed amendments, multiple changes have been made to the one provision by way of the omission and re-insertion of the provision. See the reference or references to the relevant item in the notes below as to the particular change or changes effected by the item.
IASB standards—omission of definitions
Item [1] of the proposed amendments omits definitions of Australian Accounting Standards and financial statements from clause 3 (1) of the Regulation.
The definition of Australian Accounting Standards is unnecessary because an amendment to the Act by this Schedule inserts a definition of Australian Accounting Standards in the Act.
The definition of financial statements is omitted as a consequence of the removal of the term from the Act by amendments made by this Schedule.
IASB standards—references to “financial statements”
Items [2], [3], [4], [5], [7], [8], [10], [11], [12], [13], [14], [15] and [18] of the proposed amendments omit references to “financial statements” or “statements”. The object of these amendments is to make the language of the Regulation in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”, “financial reports” or “report” as the context requires.
IASB standards—references to notes “to” financial statements
Items [6] and [16] of the proposed amendments omit references to notes “to” financial statements and insert instead a reference to notes “within” a financial report. The object of these amendments is to make the language of the Regulation in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards.
IASB standards—financial reports of statutory bodies
Items [7] and [8] of the proposed amendments omit words that are redundant because of amendments made to section 41B of the Act by this Schedule with respect to the requirement that a financial report of a statutory body be prepared in accordance with Australian Accounting Standards.
IASB standards—references to “transactions”
Item [9] of the proposed amendments replaces references in the Regulation to “transactions” with references to “financial performance”. The object of such amendments is to make the language of the Regulation in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards.
Law revision
Item [17] of the proposed amendments is consequential on the change of name of an organisation.
Section 13 Power to conduct random breath testing
Insert after section 13 (3):(3A) Before requiring a person to undergo a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a police officer may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.
Explanatory note
The proposed amendment confirms the current practice of police officers of conducting a preliminary assessment to determine whether alcohol is present in a driver’s breath. The purpose of conducting the preliminary assessment is to determine whether to proceed to assess the concentration of alcohol present in a driver’s blood by means of a breath test. The preliminary assessment is conducted by requiring a driver to talk into a device that indicates the presence of alcohol.
1.20 Roads Act 1993 No 33
[1] Sections 46 (b), 47, 51 (b), 61 (1) (a), 214 (1) and 216 (1) and Dictionary, definition of “classified road”
Omit “State highway” wherever occurring. Insert instead “highway”.
[2] Schedule 2 Savings, transitional and other provisions
Insert after Part 3:Part 4 Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 200572 DefinitionIn this Part:amending Act means the Statute Law (Miscellaneous Provisions) Act (No 2) 2005.73 State highways taken to be classified as highwaysAn order in force under section 47 immediately before the date of assent to the amending Act is taken to have been made under section 47 as amended by Schedule 1.20 to the amending Act.74 References to State highwaysSubject to the regulations, in any other Act or instrument, a reference to a State highway (within the meaning of this Act immediately before the date of assent to the amending Act) is taken to be a reference to a highway.
[3] Dictionary
Insert in alphabetical order:highway means a road that is declared to be a highway by an order in force under section 47.
[4] Dictionary, definition of “State highway”
Omit the definition.
Explanatory note
Item [1] of the proposed amendments replaces references in the Roads Act 1993 (the Act) to “State highway” with references to “highway”.
Item [3] of the proposed amendments inserts a definition of highway into the Act for the purposes of the Act.
Item [4] of the proposed amendments omits the definition of State highway in the Act (being a road that is declared to be a State highway by an order in force under section 47 of the Act).
Item [2] of the proposed amendments inserts savings and transitional provisions into the Act consequent on the amendments proposed to be made by item [1].
[1] Section 21 Grant of licence
Insert “and nominate a place where the person is to collect the licence” after “application” in section 21 (1) (a).
[2] Section 21 (4)
Insert after section 21 (3):(4) A licence is granted subject to the condition that the person making the application collect the licence from the place nominated by the Commissioner under subsection (1) (a) within 60 days of being notified of the grant.
[3] Section 24 Term of licence
Insert before section 24 (1):(1A) A licence comes into force on the day that it is collected from the place nominated by the Commissioner under section 21 (1) (a).
[4] Section 24 (1)
Omit “was granted”. Insert instead “comes into force”.
[5] Section 24 (3)
Insert after section 24 (2):(3) Despite subsection (1), if the person who made the application for a licence (the applicant) fails to collect the licence in accordance with the condition set out in section 21 (4):(a) the licence does not come into force and is taken to have not been granted, and(b) for the purposes of section 18 (5), the applicant is taken to be a person who was an applicant for, but was never granted, a licence.
[6] Section 29 Right to seek review from Administrative Decisions Tribunal
Insert “(other than by operation of section 24 (3)” after “person” in section 29 (1) (a).
Explanatory note
Item [2] of the proposed amendments provides that the grant of a licence under the Security Industry Act 1997 is subject to the condition that the applicant must collect the licence from a place nominated by the Commissioner of Police (usually a Roads and Traffic Authority motor registry) within 60 days of the applicant being notified of the grant of the licence.
Item [3] of the proposed amendments provides that a licence comes into force when it is collected from the place nominated by the Commissioner.
Item [5] of the proposed amendments provides that if the applicant fails to collect the licence from the place nominated by the Commissioner of Police within 60 days of being notified of the grant of the licence, the licence does not come into force and is taken not to have been granted. Currently, uncommenced amendments to the Security Industry Act 1997 contained in the Security Industry Amendment Act 2005 provide for a licence to be revoked in such circumstances.
Items [1], [4] and [6] are consequential amendments.
Consequential amendments proposed to be made to the Security Industry Amendment Act 2005 and the Security Industry Regulation 1998 are contained elsewhere in this Schedule.
[1] Schedule 1 Amendment of Security Industry Act 1997
Insert “selling,” before “installing” wherever occurring in section 12 (1) (c) and (e) of the Security Industry Act 1997 (as inserted by Schedule 1 [14]).
[2] Schedule 1 [14]
Insert “sell,” before “install” in section 12 (1) (f) of the Security Industry Act 1997 (as inserted by Schedule 1 [14]).
[3] Schedule 1 [43], [46] and [50]
Omit the items.
Explanatory note
The Security Industry Amendment Act 2005 (which is not yet in force) substitutes section 12 (1) of the Security Industry Act 1997 (the principal Act). Items [1] and [2] of the proposed amendments amend that provision (as substituted) to clarify that the holder of a class 2C licence under the principal Act is authorised to sell security equipment, the holder of a class 2E licence under that Act to sell barrier equipment and the holder of a class 2F licence under that Act to sell electronic security equipment (in addition to the other activities that that Act currently expressly authorises under those licences).
Item [3] of the proposed amendments is consequential on the amendments proposed to be made to the principal Act contained elsewhere in this Schedule.
Clause 17 Pending application for subsequent licence
Omit clause 17 (1). Insert instead:(1) If a person applies for a subsequent licence before the term of the person’s current licence expires (referred to in this clause as the old licence) and the application has not been dealt with by the time the old licence expires, the authority conferred by the old licence continues:(a) until the person is notified of the refusal of the subsequent licence, or(b) until the person collects the subsequent licence in accordance with the condition set out in section 21 (4) of the Act, orwhichever occurs first.(c) until 60 days after the person is notified of the grant of the subsequent licence,
Explanatory note
The proposed amendment is consequential on the amendments proposed to be made to the Security Industry Act 1997 (the Act) contained elsewhere in this Schedule. The amendment provides for the authority of an existing licence under the Act to continue when a subsequent licence is granted until such time as the subsequent licence is collected from a place nominated by the Commissioner of Police or until 60 days after the notification of the grant of the subsequent licence (whichever occurs first). Proposed section 21 (4) of the Act provides that the grant of a licence is subject to the condition that the applicant must collect the licence from a place nominated by the Commissioner of Police (usually a Roads and Traffic Authority motor registry) within 60 days of the applicant being notified of the grant of the licence. If the applicant fails to collect the licence in accordance with this condition the licence does not come into force and is taken not to have been granted.
[1] Section 19 Acquisition and disposal of assets etc
Omit “accounts” wherever occurring in section 19 (1) (a) and (b).Insert instead “financial report”.
[2] Section 20X Acquisition and disposal of assets, investments and liabilities
Omit “accounts” wherever occurring in section 20X (1) (a) and (b).Insert instead “financial report”.
[3] Section 22 Statement of corporate intent: contents
Omit “accounts” from section 22 (d).Insert instead “financial reports of the corporation and of its subsidiaries”.
[4] Section 24 Annual reports and financial reports: company SOCs
Omit section 24 (1) (b). Insert instead:(b) the SOC’s financial report for that financial year, audited by the Auditor-General, being a financial report that conforms to the requirements of the Corporations Act 2001 of the Commonwealth or any other law applying to the report, and
[5] Section 24 (1) (c)
Omit “those financial statements”. Insert instead “the SOC’s financial report”.
[6] Section 24 (2)
Omit “Every report”. Insert instead “Every annual report”.
[7] Section 24 (3)
Omit “Every report”. Insert instead “Every Auditor-General’s report”.
[8] Section 24 (9)
Omit “financial statements”. Insert instead “a financial report”.
[9] Section 24 (9) (a)
Omit “statements”. Insert instead “reports”.
[10] Section 24 (9) (b)
Omit “statements”. Insert instead “report”.
[11] Section 24A, heading
Omit “accounts”. Insert instead “financial reports”.
[12] Section 26 Information to be laid before Parliament
Omit “financial statements” from section 26 (1) (i).Insert instead “financial report”.
[13] Section 26 (1) (i)
Omit “those statements”. Insert instead “that financial report”.
[14] Section 28 Public Accounts Committee
Omit “statements” from section 28 (1). Insert instead “reports”.
[15] Section 28 (2)
Omit “statements and reports”.Insert instead “reports and Auditor-General’s reports”.
[16] Section 28 (2)
Omit “accounts and reports of”.Insert instead “financial reports and Auditor-General’s reports in relation to”.
Explanatory note
IASB standards
The Australian Accounting Standards Board (AASB) is implementing the Financial Reporting Council’s policy of adopting accounting standards of the International Accounting Standards Board (IASB). The Financial Reporting Council is a statutory body under the Australian Securities and Investments Commission Act 2001 of the Commonwealth. The AASB has issued Australian Accounting Standards that are equivalent to IASB standards.
The proposed amendments make certain terms used in the State Owned Corporations Act 1989 (the Act) consistent with Australian Accounting Standards that are equivalent to standards of the IASB.
These amendments are explained below in further detail.
Omission of entire provision
In the case of item [4] of the proposed amendments, multiple changes have been made to the one provision by way of the omission and re-insertion of the provision. See the references to item [4] in the notes below as to the particular change or changes effected by the item.
References to “financial statements”
Items [4], [5], [8]–[10], [12], [14] and [15] of the proposed amendments omit references to “financial statements” or “statements”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”, “financial reports” or “report” as the context requires.
Items [4] and [5] make amendments consequential on the amendments omitting references to “financial statements”, making it clear that the relevant provisions refer to the financial report of the relevant State owned corporation.
Items [6] and [7] make amendments consequential on the amendments omitting references to “financial statements”, making it clear that section 24 (2) and (3) of the Act refer to an annual report and an Auditor-General’s report, respectively, rather than to a financial report.
References to “accounts”
Items [1]–[3], [11] and [16] of the proposed amendments omit references to “accounts”. The object of these amendments is to make the language of the Act in this respect consistent with Australian Accounting Standards that are equivalent to IASB standards. Accordingly, those items insert instead references to “financial report”.
Item [16] also makes an amendment to make it clear that both financial reports and Auditor-General’s reports are referred to in section 28 (2) of the Act.
[1] Section 16 Prohibition on surveillance using work surveillance device while employee not at work
Insert at the end of section 16:(3) This section does not apply to the carrying out, or causing to be carried out, of surveillance by an employer that is a law enforcement agency.
[2] Section 37 Covert surveillance records may be used or disclosed for relevant purpose only
Omit “only” from section 37 (3).
[3] Section 37 (4)
Insert after section 37 (3):(4) Without limiting subsection (3), if the covert surveillance of an employee was not authorised by a covert surveillance authority, the following use or disclosure of the information or record is for a relevant purpose:(a) disclosure to a member or officer of a law enforcement agency for use in connection with disciplinary or managerial action or legal proceedings against an employee of a law enforcement agency as a consequence of any alleged misconduct (other than an unlawful activity) or unsatisfactory performance of the employee,(b) use or disclosure for a purpose that is directly or indirectly related to the taking of such disciplinary or managerial action or legal proceedings,(c) disclosure to a member or officer of a law enforcement agency for use in connection with the training of law enforcement members or officers.
Section 15A
Insert after section 15:15A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means any of the following:(a) an inspector,(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Explanatory note
The proposed amendment allows penalty notices (on-the-spot fines) to be issued in respect of offences against the Stock (Chemical Residues) Act 1975 or the regulations made under that Act, but only if those offences are prescribed by regulations under that Act as penalty notice offences.
Clause 10A Testing of stock for Bovine Spongiform Encephalopathy
Omit “100 penalty units” wherever occurring in clause 10A (1) and (2).Insert instead “50 penalty units”.
Explanatory note
The proposed amendment to the Stock Diseases Regulation 2004 reduces the maximum penalty for certain offences under the Regulation. Section 23 (3) (b) of the Stock Diseases Act 1923 provides that the maximum penalty that may be imposed by the regulations for such offences is 50 penalty units.
Section 32A
Insert after section 32:32A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means any of the following:(a) an inspector,(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
Explanatory note
The proposed amendment allows penalty notices (on-the-spot fines) to be issued in respect of offences against the Stock Foods Act 1940 or the regulations made under that Act, but only if those offences are prescribed by regulations under that Act as penalty notice offences.
[1] Section 12 Constitution of Board
Omit “are” from section 12 (1) (h) (ii). Insert instead “may be”.
[2] Section 40 By-laws
Insert after section 40 (1) (j):(ja) the designation of members of staff of the University as academic staff, general staff, full-time staff, part-time staff or otherwise,
Explanatory note
Item [1] of the proposed amendments makes wording in a provision consistent with that used in related provisions in the same section.
Item [2] of the proposed amendments will allow the governing body of the University of Western Sydney to make by-laws, not inconsistent with the University of Western Sydney Act 1997, for or with respect to the designation of members of staff of the University as academic staff, general staff, full-time staff, part-time staff or otherwise. The by-law making power is contained in the Acts of most other universities in New South Wales.
Section 48 Regulations
Insert at the end of the section:(2) Without affecting the generality of subsection (1), the regulations may make provision for or with respect to the waiver or refund of the whole or any part of a fee payable under this Act.
Explanatory note
The object of the proposed amendment is to allow the making of regulations to provide for the waiver or refund of any fees payable under the Valuers Act 2003.
Schedule 2 Amendments by way of statute law revision
(Section 3)
Clause 17
Insert “of the Act” after “section 25C (3)”.
Explanatory note
The proposed amendment inserts a missing Act reference.
[1] Clause 2
Omit “Explanatory note”. Insert instead “Note”.
[2] Clause 5 (2) (d)
Omit “any explanatory notes to this plan are intended to assist the reader to understand this plan but”.Insert instead “notes included in this plan”.
Explanatory note
The proposed amendments clarify the status of notes.
Clause 7 (2)
Omit the note.
Explanatory note
The proposed amendment omits a redundant note.
[1] Clause 10.5 (da) (iv)
Omit “any, lake”. Insert instead “any lake”.
[2] Schedule 4
Omit “Definitions, references and headings” from the heading.Insert instead “Interpretation”.
[3] Schedule 4, clause 1, definition of “Forestry”
Omit “aboriculture, sylviculture”.Insert instead “arboriculture, silviculture”.
[4] Schedule 4, clause 1, definition of “Original lot”
Omit “(1919)”. Insert instead “1919”.
[5] Schedule 4, clause 2A
Insert after clause 2:2A NotesNotes included in this plan do not form part of this plan.
[6] Schedule 4, clause 3
Omit the clause.
Explanatory note
Items [1] and [3] of the proposed amendments correct typographical errors.
Item [2] of the proposed amendments updates a heading.
Item [4] of the proposed amendments corrects the citation of an Act.
Item [5] of the proposed amendments inserts a provision clarifying the status of notes.
Item [6] of the proposed amendments omits a redundant provision.
Clause 54A (4) (l)
Omit “Surveying Act 2000”. Insert instead “Surveying Act 2002”.
Explanatory note
The proposed amendment corrects the citation of an Act.
[1] Clause 10 (1)
Renumber paragraph (b) where secondly occurring as paragraph (c).
[2] Clause 61B (1)
Omit “McLachlan Load”. Insert instead “McLachlan Road”.
[3] Clause 61B (3)
Omit “subclause (1)”. Insert instead “subclause (2)”.
[4] Clause 65A (2)
Omit “to which this plan applies”. Insert instead “to which this clause applies”.
Explanatory note
Item [1] of the proposed amendments corrects duplicated numbering.
Items [2] and [3] of the proposed amendments correct typographical errors.
Item [4] of the proposed amendments clarifies the operation of a provision.
Schedule 9, clause 5 (2) (b)
Omit “the appointed day”. Insert instead “the commencement of this Act”.
Explanatory note
The proposed amendment replaces a reference to the “appointed day” (an undefined term) with a reference to the “commencement of the Act”.
Section 9 (1) (g) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Clause 4
Omit the clause. Insert instead:4 NotesNotes included in this Regulation do not form part of this Regulation.
Explanatory note
The proposed amendment inserts a provision clarifying the status of notes.
Schedule 3
Omit “(Section 9 (3))”. Insert instead “(Section 9 (2))”.
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
Schedule 2.6
Omit the Subschedule.
Explanatory note
The proposed amendment omits uncommenced amendments to a repealed Act.
Schedule 4, Form A
Omit “2000”. Insert instead “2005”.
Explanatory note
The proposed amendment corrects the citation of a Regulation.
[1] Schedule 2, clauses 4 and 7 (1) (c)
Omit “him” wherever occurring. Insert instead “the member”.
[2] Schedule 2, clause 7 (2)
Omit “him”. Insert instead “the Minister”.
Explanatory note
The proposed amendments replace gender-specific language.
[1] Section 24 (1)
Omit “exclusion or liability”. Insert instead “exclusion of liability”.
[2] Section 32 (3) (g)
Insert “or provider” after “operator” where secondly occurring.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments inserts missing words.
Section 33
Renumber subsections (8) and (9) where secondly occurring as subsections (10) and (11) respectively.
Explanatory note
The proposed amendment corrects duplicated numbering.
Clause 3
Omit the clause. Insert instead:3 NotesNotes included in this Regulation (other than those in Schedules 1 and 2) do not form part of this Regulation.
Explanatory note
The proposed amendment inserts a provision clarifying the status of notes.
Rule 18 (1)
Omit “subpoeana”. Insert instead “subpoena”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 71 (2) (a) (ii)
Omit the subparagraph. Insert instead:is pending, or(ii) any payment plan operated by the exempt person,
Explanatory note
The proposed amendment clarifies the operation of a provision.
[1] Section 75V (5)
Omit “was”. Insert instead “way”.
[2] Schedule 6, clause 91 (3)
Omit “be matter”. Insert instead “be a matter”.
Explanatory note
The proposed amendments correct typographical errors.
Schedule 7.11 [1]
Omit “Schedule 7.9”. Insert instead “Schedule 7.11”.
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
[1] Clause 4 (1) (d) (x)
Omit “archeological”. Insert instead “archaeological”.
[2] Clause 11, Table
Omit “Nil; telecommunications” from item 3 of the matter relating to Zone No 8.Insert instead “Telecommunications”.
[3] Clause 13 (7)
Insert “In this clause,” before “existing parcel means”.
[4] Clause 17 (3) (i)
Omit “prupose”. Insert instead “purpose”.
[5] Clause 36 (1)
Renumber paragraph (c) of the definition of Temporary sign as paragraph (b).
[6] Clause 36 (2) (c)
Omit “larger that”. Insert instead “larger than”.
Explanatory note
Items [1], [4] and [6] of the proposed amendments correct typographical errors.
Item [2] of the proposed amendments omits a redundant reference.
Item [3] of the proposed amendments clarifies the operation of a provision.
Item [5] of the proposed amendments corrects incorrect numbering.
Clause 4
Omit “clause 10”. Insert instead “clause 11”.
Explanatory note
The proposed amendment corrects an incorporation direction.
[1] Clause 3 (2)
Insert at the end of clause 3:(2) Notes included in this Regulation do not form part of this Regulation.
[2] Schedule 2, Part 6
Omit “Montremes” from the heading to the first table.Insert instead “Monotremes”.
Explanatory note
Item [1] of the proposed amendments inserts a provision clarifying the status of notes.
Item [2] of the proposed amendments corrects a typographical error.
Schedule 1, clause 6 (2) (c) (iii)
Omit “thriugh”. Insert instead “through”.
Explanatory note
The proposed amendment corrects a typographical error.
2.25 Food Regulation 2004
Clause 3 (2)
Insert at the end of clause 3:(2) Notes included in this Regulation do not form part of this Regulation.
Explanatory note
The proposed amendment inserts a provision clarifying the status of notes.
[1] Sections 21 (1) and (3) and 22 (1)
Omit “Minister administering the Environmental Planning and Assessment Act 1979” wherever occurring.Insert instead “Minister”.
[2] Sections 21 (2) and 22 (2), (3) and (6)
Omit “Department of Urban Affairs and Planning” wherever occurring.Insert instead “Department of Natural Resources”.
Explanatory note
The proposed amendments change associated ministerial and departmental references to reflect the operation of a series of Administrative Changes Orders and ministerial allocations since 2001.
Schedule 4, Part 2
Omit the matter relating to the Inspector of Dangerous Goods.
Explanatory note
The proposed amendment omits matter consequential on the repeal of an Act.
Section 5, definition of “eligible witness”
Omit “Clerk” from paragraph (a) (iii). Insert instead “registrar”.
Explanatory note
The proposed amendment updates a reference to an office.
Sections 99A (1) and 117A (1)
Omit “chief executive officer” wherever occurring.Insert instead “chief executive”.
Explanatory note
The proposed amendment updates references to an office.
Clause 7 (a) (iii) and (v)
Omit the subparagraphs.
Explanatory note
The proposed amendment removes references to repealed instruments.
Clause 46 (1)
Omit “Scheule”. Insert instead “Schedule”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 1, clause 4 (4), definition of “de facto partner amendments”
Omit “Prosections” from paragraph (b). Insert instead “Prosecutions”.
Explanatory note
The proposed amendment corrects the citation of an Act.
2.33 Jury Act 1977 No 18
Section 4 (4)
Insert after section 4 (3):(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment inserts a provision clarifying the status of notes.
Section 117 (1) (c)
Omit “section 108”. Insert instead “section 281”.
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
Clause 147 (1), definition of “registered valuer”
Omit “Valuation Act 2003”. Insert instead “Valuers Act 2003”.
Explanatory note
The proposed amendment corrects the citation of an Act.
Schedule 4.3 and 4.4
Omit the Subschedules.
Explanatory note
The proposed amendment omits uncommenced amendments to repealed legislation.
[1] Schedule 11, Forms 2 and 3
Insert “person” after “Aboriginal” wherever occurring.
[2] Schedule 11, Form 3
Omit “no by-elections”. Insert instead “not by-elections”.
Explanatory note
Item [1] of the proposed amendments inserts missing words.
Item [2] of the proposed amendments corrects a typographical error.
Section 9 (1) (g) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Clause 27, table
Omit “landuses” from item (1) (a) of the matter relating to Zone 7 (b).Insert instead “land uses”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 4, table
Omit “Superintendant’s house” from the first column of the matter under the heading “(A) Alphabetical Entry by Street”.Insert instead “Superintendent’s house”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 4.3
Omit the Subschedule.
Explanatory note
The proposed amendment omits an uncommenced amendment to a repealed Act.
Clause 18 (1) (k) (ii)
Omit “Road Transport (Heavy Vehicle Registration Charges) Act 1995”.Insert instead “Road Transport (Heavy Vehicles Registration Charges) Act 1995”.
Explanatory note
The proposed amendment corrects the citation of an Act.
[1] Schedule 1, clause 19 (1)
Omit “about 3,664” hectares”. Insert instead “about 3,664 hectares”.
[2] Schedule 1, clause 19 (1)
Omit “lots 51 52”. Insert instead “lots 51, 52”.
[3] Schedule 1, clause 19 (1)
Omit “Registrar General”. Insert instead “Registrar-General”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Clause 150 (2) (a1)
Insert “must” before “be”.
[2] Clause 150 (2) (a2)
Insert “must” before “contain”.
[3] Clause 174ZN (4)
Omit “Maximum penalty: Level 4.”.
[4] Clause 174ZN
Insert at the end of the clause:Maximum penalty: Level 4.
[5] Clause 174ZW (5)
Omit “Maximum penalty: Level 1.”.
[6] Clause 174ZW
Insert at the end of the clause:Maximum penalty: Level 1.
Explanatory note
Items [1] and [2] of the proposed amendments insert missing words.
Items [3]–[6] of the proposed amendments clarify the operation of penalty provisions.
Section 46BC (2)
Omit “An transport”. Insert instead “A transport”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 3, Form 17
Omit “[what goes in here?]”. Insert instead “$ [amount]”.
Explanatory note
The proposed amendment clarifies the matter that is to be inserted in a form.
Clause 4 (2)
Insert at the end of clause 4:(2) Notes included in this Code do not form part of this Code.
Explanatory note
The proposed amendment inserts a provision clarifying the status of notes.
Clause 26 (1) (d)
Insert “and” at the end of the paragraph.
Explanatory note
The proposed amendment inserts a missing word.
Section 33A
Omit “of this Act” where secondly occurring.
Explanatory note
The proposed amendment omits unnecessary words.
Sections 3 (1), definition of “applicable road law”, 40 (1) (b), note and 41 (1) (b), note
Omit “Road Transport (Mass, Loading and Access) Regulation 1996” wherever occurring.Insert instead “Road Transport (Mass, Loading and Access) Regulation 2005”.
Explanatory note
The proposed amendment updates references to a repealed instrument.
Schedule 3
Omit “Road Transport (Mass, Loading and Access Regulation 2005” wherever occurring in column 1 of the matter relating to the Road Transport (General) Act 2005.Insert instead “Road Transport (Mass, Loading and Access) Regulation 2005”.
Explanatory note
The proposed amendments corrects the citation of an instrument.
Schedule 5.3
Omit “Co-operatives Regulation 1997” from the heading.Insert instead “Co-operatives Regulation 2005”.
Explanatory note
The proposed amendment updates a reference to a repealed regulation.
Section 10 (1) (g) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Clause 9
Omit the clause.
Explanatory note
The proposed amendment omits a clause containing spent amendments.
Clause 5 (3)
Omit “, except as provided by clause 1 (3) of Schedule 4”.
Explanatory note
The proposed amendment omits a redundant cross-reference.
[1] Part 4
Omit “12 months or more after the date of commencement of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development” from the matter relating to development applications occurring after clause 29.Insert instead “on or after 1 December 2003”.
[2] Part 4
Omit “Architects Act 1921” from the matter relating to development applications occurring after clause 29.Insert instead “Architects Act 2003”.
Explanatory note
Item [1] of the proposed amendments updates a note.
Item [2] of the proposed amendments updates the citation of an Act.
Section 128B (1) (f)
Omit “scheme, and”. Insert instead “scheme,”.
Explanatory note
The proposed amendment omits an unnecessary word.
Schedule 5 [1]
Omit the item. Insert instead:[1] Sections 2C and 43AAOmit “Part 3 of Schedule 5” wherever occurring.Insert instead “Part 2 of Schedule 5”.
Explanatory note
The proposed amendment corrects an incorporation direction.
Schedule 1, Form 8
Omit “+address]”. Insert instead “[address]”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Part 60, rules 1A (1), (4) and (6), 3 and 4 (1)
Omit “A associate” wherever occurring. Insert instead “An associate”.
[2] Part 65C, rule 10
Omit the note.
Explanatory note
Item [1] of the proposed amendments corrects typographical errors.
Item [2] of the proposed amendments removes a redundant note.
Clause 15 (1) (f)
Omit “metres,”. Insert instead “metres, or”.
Explanatory note
The proposed amendment inserts a missing word.
Clause 8 (4) (f) (iii)
Omit “acquatic”. Insert instead “aquatic”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 5 (1), definition of “recreation area”
Omit “childrens” from paragraph (a). Insert instead “children’s”.
[2] Clause 23B (2)
Omit “archaeolocal”. Insert instead “archaeological”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Schedule 1, Part 1, Animals, Vertebrates, Mammals, Dasyuridae
Omit the matter relating to Antechinomys laniger.Insert that matter instead before the matter relating to Dasyurus viverrinus.
[2] Schedule 2, Part 1, Animals, Vertebrates, Birds, Laridae
Omit “White Tern Columbidae”. Insert instead “White Tern”.
[3] Schedule 2, Part 1, Animals, Vertebrates, Birds
Insert the heading “Columbidae” before the matter relating to Ptilinopus magnificus.
[4] Schedule 2, Part 1, Animals, Vertebrates, Birds, Meliphagidae
Omit the matter relating to Lichenostomus cratitius.Insert that matter instead before the matter relating to Lichenostomus fasciogularis.
[5] Schedule 2, Part 1, Animals, Vertebrates, Birds, Pachycephalidae
Omit the matter relating to Pachycephala inornata.Insert that matter instead before the matter relating to Pachycephala olivacea.
Explanatory note
Items [1], [4] and [5] of the proposed amendments correct the alphabetic listing of species names.
Items [2] and [3] of the proposed amendments correct a typographical error.
[1] Second Schedule
Omit “Tower Trust (NSW) Limited”.Insert instead “Australian Executor Trustees (NSW) Limited”.
[2] Third Schedule, First Part
Omit “Tower Trust Limited”.Insert instead “Australian Executor Trustees Limited”.
[3] Third Schedule, First Part
Omit “Executor Trustee and Agency Company of South Australia, Limited”.Insert instead “Executor Trustee Australia Limited”.
[4] Third Schedule, First Part
Omit “Tower Trust (NSW) Limited”.Insert instead “Australian Executor Trustees (NSW) Limited”.
[5] Third Schedule, First Part
Omit “Sandhurst and Northern District Trustees Executors and Agency Company Limited”.Insert instead “Sandhurst Trustees Limited”.
[6] Third Schedule, First Part
Omit “Guardian Trust Australia Limited”.Insert instead “J.P. Morgan Trust Australia Limited”.
Explanatory note
The proposed amendments are consequential on the change of names of companies.
Section 9 (1) (h) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Section 9 (1) (h) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Section 9 (1) (h) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Section 9 (1) (h) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Section 9 (1) (h) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Section 9 (1) (g) (ii)
Omit “are”. Insert instead “may be”.
Explanatory note
The proposed amendment makes wording in a provision consistent with that used in related provisions in the same section.
Clauses 21 (2) (a) (ii), 22, 45 (1) (a) (i), (b) (i), (c) (i), (d) (i) and (e) (i), 46 (1) (b) (i) and (2) (a) (i), (b) (i), (c) (i), (d) (i) and (e) (i), 67 (d) and 75 (1), (2) (b), (3) (b) and (c) (ii) and (iii), (4) and (5)
Omit “clause 62”. Insert instead “clause 62A”.
Explanatory note
The proposed amendment corrects incorrect cross-references.
Schedule 2 [60]
Omit “1988”. Insert instead “1998”.
Explanatory note
The proposed amendment corrects an incorporation direction.
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act 2004 No 112
(Section 3)
Explanatory note
The Legal Profession Act 2004 introduced new terms to distinguish between different types of lawyers. In particular, the Act introduced the concept of an Australian lawyer (a person who is admitted to the legal profession under the Act or a corresponding law) and an Australian legal practitioner (an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate). The proposed amendments in Schedule 3 replace references in various Acts to a legal practitioner, solicitor, barrister, lawyer, counsel or attorney with the appropriate term for these positions following the enactment of the Legal Profession Act 2004. The proposed amendments also replace references to the Legal Profession Act 1987 (now repealed) with references to the Legal Profession Act 2004. Currently, the meaning of Australian legal practitioner is contained in the Interpretation Act 1987 for ease of reference in other Acts. The proposed amendments also contain a similar amendment to the Interpretation Act 1987 in connection with the term Australian lawyer.
[1] Sections 202 and 206 (4)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 206 Privilege concerning answers and documents
Omit “the legal practitioner” from section 206 (4).Insert instead “the Australian legal practitioner”.
[1] Section 119 Hearings to be in camera
Omit “barristers, solicitors” from section 119 (2).Insert instead “Australian legal practitioners”.
[2] Sections 122 (2)–(5) and 124 (2)
Omit “a lawyer” wherever occurring.Insert instead “an Australian legal practitioner”.
[3] Sections 122 (3), (6) and (9), 123 (3) (b) and 124 (1) (b) and (4) (b)
Omit “the lawyer” wherever occurring.Insert instead “the Australian legal practitioner”.
[4] Sections 122 (8), 123 (4) and 124 (5)
Omit “A lawyer” wherever occurring.Insert instead “An Australian legal practitioner”.
[5] Section 124 Guardian ad litem and amicus curiae—birth parents of child
Omit “or their, lawyer” from section 124 (1).Insert instead “or their, Australian legal practitioner”.
[6] Dictionary
Omit the definition of lawyer.
Section 12 Proceedings for recovery of penalties
Omit “a counsel, attorney” from section 12 (5).Insert instead “an Australian legal practitioner”.
[1] Section 87 Definitions
Omit “legal practitioner” from the definition of agent.Insert instead “Australian legal practitioner”.
[2] Section 98 Rights of appearance and representation
Omit “a legal practitioner” from section 98 (3).Insert instead “an Australian legal practitioner”.
[3] Section 122O Representation
Omit “counsel or a solicitor”.Insert instead “an Australian legal practitioner”.
Section 45 Legal representation
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Section 4 Definitions
Omit the definition of lawyer from section 4 (1).
[2] Section 19 Procedure following determination as to bail
Omit “a lawyer” from section 19 (1) (a).Insert instead “an Australian legal practitioner”.
[3] Section 25A Stay of decision to grant bail if review sought
Omit “legal practitioner” wherever occurring in section 25A (1) and (2).Insert instead “Australian legal practitioner”.
[1] Sections 44 (2) and 112, clause 13 (1) of Schedule 1 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 47 Making submissions to inquiry
Omit “a legal practitioner” from section 47 (6).Insert instead “an Australian lawyer”.
[1] Section 17A Tariffs for damages for non-economic loss
Omit “counsel” from section 17A (2).Insert instead “Australian legal practitioner”.
[2] Section 25 Obligation of Australian legal practitioners to provide advice
Omit “A legal practitioner”.Insert instead “An Australian legal practitioner”.
[3] Section 26 Offer of structured settlement—legal costs
Omit “Section 198F of the Legal Profession Act 1987” from section 26 (1).Insert instead “Section 340 of the Legal Profession Act 2004”.
[1] Section 93 Appearance before Tribunal
Omit “counsel or solicitor,” from section 93 (3).Insert instead “an Australian legal practitioner”.
[2] Section 97A Intervention by Director-General
Omit “a barrister, solicitor” from section 97A (3).Insert instead “an Australian legal practitioner”.
Section 33 Right of appearance
Omit “a barrister or solicitor” from section 33 (1).Insert instead “an Australian legal practitioner”.
Section 70 Existence and operation of monitoring order not to be disclosed
Omit “a barrister or solicitor” wherever occurring in section 70 (1) (d) and (2) (a) (iii).Insert instead “an Australian legal practitioner”.
Section 13 Intervention
Omit “counsel, solicitor”. Insert instead “an Australian legal practitioner”.
[1] Section 351 Directors to arrange for reports
Omit “solicitors” from section 351 (1) (a).Insert instead “Australian legal practitioners”.
[2] Sections 375 (2) (a) and 385 (definition of “involved person”)
Omit “solicitor” wherever occurring.Insert instead “Australian legal practitioner”.
[3] Sections 383 (1), 388 (1) and 392 (4)
Omit “A legal practitioner” wherever occurring.Insert instead “An Australian legal practitioner”.
[4] Sections 383 (1) (a) and (b), (3) and (4), 389 (1)–(3) and 392 (3)
Omit “the legal practitioner” wherever occurring.Insert instead “the Australian legal practitioner”.
[5] Sections 383 (1) (a) and (b), 389 (1) and 392 (3)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[6] Sections 383 (2) and (3) and 389 (2)
Omit “The legal practitioner” wherever occurring.Insert instead “The Australian legal practitioner”.
[7] Section 408A Power of Registrar to intervene in proceedings
Omit “solicitor or barrister” from section 408A (3) (c).Insert instead “an Australian legal practitioner”.
[8] Schedule 4 Receivers, and other controllers, of property of co-operatives
Omit “a solicitor” from clause 5 (2) (n).Insert instead “an Australian legal practitioner”.
[1] Section 32 Representation at inquests or inquiries
Omit “thereat by counsel or a solicitor” from section 32 (1).Insert instead “by an Australian legal practitioner”.
[2] Section 32 (3) (a)
Omit “a barrister or solicitor”.Insert instead “an Australian legal practitioner”.
[3] Schedule 1 Special provisions—inquests concerning deaths or suspected deaths in mines
Omit “counsel, solicitor” from clause 2 (h).Insert instead “Australian legal practitioner”.
[1] Sections 47 (1) (a), 70 (1) (d) (v), 71 (3) (b) and 102 (3) (b) (ii), clause 1 (f) (iii) of Schedule 2 and clause 1 (c) (iii) of Schedule 4
Omit “a duly qualified legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 159A Persons who may take proceedings
Omit “a legal practitioner” from section 159A (3).Insert instead “an Australian legal practitioner”.
Section 13 Who may take proceedings for offences
Omit “counsel or attorney” from section 13 (3).Insert instead “an Australian legal practitioner”.
[1] Sections 3 (1) (definitions of “legal representative” and “time out”), 4 (3) (b), 9 (2) (d), 10 (5) (a) and (6), 30 (2), (3) (b) and (5), 67 (1) (c) and 77 (1) (e)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Sections 9 (3), 10 (8) and 67 (2)
Omit “the legal practitioner” wherever occurring.Insert instead “the Australian legal practitioner”.
Sections 38 (1), 39 (1) and 39A (1)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Section 5A Point of law stated by judge
Omit “counsel” from section 5A (2) (e).Insert instead “an Australian legal practitioner”.
[2] Section 5A (2) (g)
Omit “a barrister or solicitor”.Insert instead “an Australian legal practitioner”.
[3] Section 17 Costs of appeal
Omit “solicitor or counsel” from section 17 (2).Insert instead “Australian legal practitioner”.
[1] Section 16B Maximum legal expenses that can be met from restrained property
Omit “Legal Profession Act 1987” from section 16B (3).Insert instead “Legal Profession Act 2004”.
[2] Section 16B (4)
Omit “a legal practitioner”.Insert instead “an Australian legal practitioner”.
[3] Section 50 Existence and operation of monitoring order not to be disclosed
Omit “a barrister or solicitor” wherever occurring in section 50 (1) (c) and (2) (a) (iii).Insert instead “an Australian legal practitioner”.
Section 19 Summary procedure for offences
Omit “a legal practitioner” from section 19 (3) (b).Insert instead “an Australian legal practitioner”.
Schedule 2 Conduct and procedure of inquiries by the Complaints Committee
Omit “a barrister or solicitor” from clause 2.Insert instead “an Australian legal practitioner”.
[1] Section 121I Making of representations
Omit “a barrister, solicitor” from section 121I (2).Insert instead “an Australian legal practitioner”.
[2] Section 149B Applications for building certificates
Omit “solicitor” from section 149B (1) (c).Insert instead “Australian legal practitioner”.
[3] Section 152 Right to be heard
Omit “counsel, solicitor”. Insert instead “an Australian legal practitioner”.
[1] Section 13 Grant of legal assistance
Omit “solicitor to whom the case is assigned under section 14, or any barrister or solicitor” from section 13 (3) (a).Insert instead “Australian legal practitioner to whom the case is assigned under section 14, or any Australian legal practitioner”.
[2] Section 14 Assignment to Australian legal practitioner of case of assisted person
Omit “a solicitor” wherever occurring in section 14 (1) (b)–(d).Insert instead “an Australian legal practitioner”.
[3] Section 14 (1)
Omit “the solicitor”. Insert instead “the Australian legal practitioner”.
[4] Section 14 (2)
Omit “The solicitor”. Insert instead “The Australian legal practitioner”.
[5] Section 14 (2)
Omit “legal practitioner”. Insert instead “Australian legal practitioner”.
[6] Section 14 (3)
Omit “A solicitor”. Insert instead “An Australian legal practitioner”.
[7] Section 15 Court proceedings to which assisted person is a party
Omit “a solicitor has been assigned under section 14, the solicitor” from section 15 (1).Insert instead “an Australian legal practitioner has been assigned under section 14, the Australian legal practitioner”.
[8] Section 17 Privilege attaching to certain relationships
Omit “solicitor” wherever occurring.Insert instead “Australian legal practitioner”.
Section 11B Rights during cooling off period
Omit “solicitor” wherever occurring in section 11B (1) and (2).Insert instead “Australian legal practitioner”.
Section 86 Procedure at appeals
Omit “a legal practitioner” from section 86 (4).Insert instead “an Australian legal practitioner”.
Section 82 Definitions
Omit “a legal practitioner” wherever occurring from paragraph (a) of the definition of gaming machine adviser.Insert instead “an Australian legal practitioner”.
Section 50 Information concerning shareholding
Omit “solicitor” from section 50 (3).Insert instead “Australian legal practitioner”.
[1] Section 8 Who may make a complaint?
Omit “a lawyer”. Insert instead “an Australian legal practitioner”.
[2] Section 50 Assistance to parties at conciliation
Omit “a legal practitioner” from section 50 (2).Insert instead “an Australian legal practitioner”.
[1] Sections 93 (5) and 110 (1)
Omit “a practising legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Dictionary
Omit the definition of practising legal practitioner from Part 1.
[1] Section 36 Commissioner of Inquiry
Omit “legal practitioner” from section 36 (1).Insert instead “an Australian legal practitioner”.
[2] Sections 72 and 79
Omit “counsel, solicitor” wherever occurring.Insert instead “an Australian legal practitioner”.
Section 70 Misuse of information
Omit “solicitor” from section 70 (6) (d).Insert instead “Australian legal practitioner”.
Section 21 Exemption
Omit “section 41 of the Legal Profession Act 1987” from section 21 (2) (c).Insert instead “section 406 of the Legal Profession Act 2004”.
Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):Australian lawyer has the same meaning as in the Legal Profession Act 2004.
[1] Section 3 Definitions
Omit the definition of legal practitioner from section 3 (1).
[2] Sections 24 (6) and 47
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[3] Section 24 Hearings by Conduct Division
Omit “any legal practitioner” from section 24 (7) (c).Insert instead “any Australian legal practitioner”.
Section 5 Transfer of proceedings
Omit “a barrister or a solicitor, or as both a barrister and a solicitor,” from section 5 (8).Insert instead “an Australian legal practitioner”.
3.37 Jury Act 1977 No 18
[1] Section 44 Australian legal practitioner may make challenge on behalf of accused
Omit “barrister or solicitor”. Insert instead “Australian legal practitioner”.
[2] Schedule 2 Persons ineligible to serve as jurors
Omit item 7. Insert instead:7An Australian lawyer (whether or not an Australian legal practitioner).
[1] Section 3 Definitions
Omit the definition of legal practitioner.
[2] Section 3, definition of “Public Purpose Fund”
Omit “Division 2 of Part 6 of the Legal Profession Act 1987”.Insert instead “Division 7 of Part 3.1 of the Legal Profession Act 2004”.
Schedule 5 Further transitional provisions
Omit “a solicitor or barrister” from the definition of legal professional negligence in clause 1 (1).Insert instead “an Australian legal practitioner”.
[1] Section 133 Making of representations
Omit “a barrister, solicitor” from section 133 (2).Insert instead “an Australian legal practitioner”.
[2] Section 264 Can a person be represented in proceedings before the Boundaries Commission?
Omit section 264 (1) (a). Insert instead:(a) by an Australian lawyer or by a person qualified for admission as an Australian lawyer, or
[3] Sections 473 and 477 (4)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[4] Section 477 Privilege concerning answers and documents
Omit “the legal practitioner” from section 477 (4).Insert instead “the Australian legal practitioner”.
[5] Section 486A Contempt of Pecuniary Interest and Disciplinary Tribunal
Omit “a practising legal practitioner” from section 486A (1) (b) (iii).Insert instead “an Australian legal practitioner”.
[6] Section 682 Power to appear before local land boards
Omit “counsel, solicitor”. Insert instead “an Australian legal practitioner”.
Section 11 Recovery of penalties
Omit “counsel, attorney” from section 11 (4).Insert instead “Australian legal practitioner”.
Section 11 Recovery of penalties
Omit “counsel, attorney” from section 11 (4).Insert instead “Australian legal practitioner”.
[1] Sections 162 (1) and (2) and 177 (1), (2) and (3), clause 13 (1) of Schedule 1 and clause 9 (2) of Schedule 2
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 177 Representation at inquiry
Omit “the barrister or solicitor” from section 177 (1).Insert instead “the Australian legal practitioner”.
[3] Schedule 3A Provisions relating to performance assessments
Omit “a legal practitioner” from clause 12 (2).Insert instead “an Australian legal practitioner”.
[4] Schedule 3A, clause 12 (2)
Omit “the legal practitioner”.Insert instead “the Australian legal practitioner”.
[1] Sections 43 (1), 159 (d), 274 (3) and (4) and 288
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 172 Notice of decision
Omit “barrister or solicitor” from section 172 (1).Insert instead “Australian legal practitioner”.
[3] Section 226 Appointment of Principal official visitor
Omit “barrister, solicitor”. Insert instead “Australian legal practitioner”.
Section 95 Boards of Inquiry
Omit “a legal practitioner” wherever occurring in section 95 (5) and (9).Insert instead “an Australian legal practitioner”.
[1] Section 146 Right of appearance
Omit “a barrister or a solicitor” wherever occurring in section 146 (2) (a) and (b).Insert instead “an Australian legal practitioner”.
[2] Section 304 Right of appearance
Omit “a solicitor or barrister”. Insert instead “an Australian legal practitioner”.
[3] Section 332 Practice and procedure etc of Wardens’ Courts
Omit “barristers and solicitors” from section 332 (c).Insert instead “Australian legal practitioners”.
[1] Section 4 Definitions
Omit the definition of legal practitioner from section 4 (1).
[2] Section 4 (1), definition of “officer of the Police Royal Commission”
Omit “legal practitioner”. Insert instead “Australian legal practitioner”.
[3] Sections 12, 33 (2), 35 (1) (b), 40 (5), 56 (1) (c) and 118 (1) (d) (ii) and (iv)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[4] Sections 35 (3), 37 (2) and 137 (2)
Omit “A legal practitioner” wherever occurring.Insert instead “An Australian legal practitioner”.
[5] Section 37 Examination and cross-examination of witnesses
Omit “legal practitioner” from section 37 (1).Insert instead “Australian legal practitioner”.
[6] Section 40 Privilege as regards answers, documents etc
Omit “the legal practitioner” from section 40 (5).Insert instead “the Australian legal practitioner”.
[7] Section 56 Secrecy
Omit “legal practitioner’s” from section 56 (1) (c).Insert instead “Australian legal practitioner’s”.
[8] Section 65
Omit the section. Insert instead:Section 602 of the Legal Profession Act 2004 does not apply to proceedings for an offence under this Act.
[9] Section 137 Protection from liability
Insert after section 137 (5):(6) For the purposes of this section, barrister has the same meaning as in the Legal Profession Act 2004.
Section 145 Proceedings
Omit “counsel, attorney” from section 145 (5).Insert instead “Australian legal practitioner”.
[1] Section 48 Assignment to the Court of Appeal
Omit subparagraph (viii) from the definition of specified tribunal in section 48 (1) (a).Insert instead:(viii) the Legal Services Division of the Administrative Decisions Tribunal.
[2] Section 101A Question of law concerning criminal contempt may be submitted to Court of Appeal
Omit “counsel” from section 101A (5).Insert instead “an Australian legal practitioner”.
[3] Section 101A (7)
Omit “a legal practitioner”. Insert instead “an Australian legal practitioner”.
[4] Section 124 Rule-making power
Omit “section 7 or 14 of the Legal Profession Act 1987” from section 124 (9).Insert instead “section 28 or 38 (4) of the Legal Profession Act 2004”.
[5] Section 124 (10)
Omit “Part 11 of the Legal Profession Act 1987”.Insert instead “Part 3.2 of the Legal Profession Act 2004”.
Section 49 Who may take proceedings for offences
Omit “counsel or attorney” from section 49 (3).Insert instead “an Australian legal practitioner”.
Schedule 4 Repeals
(Section 4)
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Key
1
indicates repeal of a whole Act that contains only amendments, or amendments and repeals, that have commenced and provisions that are redundant
2
indicates repeal of a whole Act that contains amendments that are redundant
Explanatory note
The repeals are explained in detail in the Explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions. The Acts that were amended by the Acts being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel’s Office and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that the following matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act,
(c) any amendment or validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
Schedule 5 General savings, transitional and other provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.(2) In this clause:amending provision means a provision of an Act that makes a direct amendment to an Act by:(a) the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, orwhether the provision was enacted before or after the commencement of the Reprints Act 1972.(c) the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,Explanatory noteThis clause ensures that certain amendments, including amendments correcting errors in technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will be taken to have commenced on the date the amendments to which they relate commenced.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:(a) amends a provision of an Act or an instrument, orany act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,Explanatory noteThis clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Application of Interpretation Act 1987 to amendments to statutory rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to any amendments to statutory rules made by this Act.Explanatory noteThis clause makes it clear that certain provisions concerning the making, tabling and disallowance of statutory rules do not apply to amendments to statutory rules made by the proposed Act.
4 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.Explanatory noteThis clause ensures that, unless expressly provided, any regulation made under an Act amended by the proposed Act, and in force immediately before the commencement of the amendment, will be taken to have been made under the amended Act.
5 Effect of amendment on environmental planning instruments
The amendment of an environmental planning instrument by this Act does not prevent its later amendment or repeal by another environmental planning instrument.Explanatory noteThis clause ensures that the amendment of a local environmental plan or other environmental planning instrument does not prevent its amendment or repeal by an environmental planning instrument.
6 Effect of amendment on water sharing plan
The amendment by this Act of a water sharing plan made under section 50 of the Water Management Act 2000 does not prevent its later amendment or repeal by another such water sharing plan or other instrument.Explanatory noteThis clause ensures that the amendment of a water sharing plan does not prevent its amendment or repeal by another water sharing plan or other instrument.
7 Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.Explanatory noteThis clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.