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 2006.
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Each Act specified in Schedule 4 is, to the extent indicated in that Schedule, repealed.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.
7 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Minor amendments
(Section 3)
[1] Section 7 Principal objects of the Trust
Omit “agricultural science” from section 7 (a).Insert instead “agriculture, fishing activities, forestry or mining”.
[2] Section 7 (c)
Omit “in fields of agricultural science”.Insert instead “in relation to agriculture, fishing activities, forestry and mining”.
[3] Section 11 Vesting of certain property
Omit “scientific collection” from section 11 (1). Insert instead “collection”.
[4] Section 11 (1) (b)
Omit “agricultural science”.Insert instead “agriculture, fishing activities, forestry or mining”.
Explanatory note
Items [1] and [2] of the proposed amendments to the Agricultural Scientific Collections Trust Act 1983 extend the principal objects of the Trust that is established under that Act to the holding of property relating to the study of fishing activities, forestry and mining and the increasing and dissemination of knowledge in relation to those activities.
Items [3] and [4] are consequential amendments.
Section 7 Constitution of the Board
Omit “for Health of New South Wales” from section 7 (3) (e).Insert instead “administering this Act”.
Explanatory note
The Centenary Institute of Cancer Medicine and Cell Biology Act 1985 (the Act) currently provides for 2 of the governors of the Centenary Institute Board to be nominated by the Minister for Health of New South Wales. The proposed amendment replaces the reference to that Minister as nominator with a reference to the Minister administering the Act. (The Minister administering the Act changed in May 2005 from the Minister for Health to the Minister for Science and Medical Research.)
[1] Section 149 Functions of Chief Inspector
Omit section 149 (1) (a). Insert instead:(a) the control and direction of inspectors and mine safety officers, and
[2] Section 193 Regulations: specific miscellaneous powers
Insert after the last paragraph in the section:(cu) regulating tourist activities and the use of coal operations for educational purposes,(cv) the lodgment of applications under this Act,(cw) the transfer of any permit within the meaning of section 105,(cx) the duration of any such permit, which may be indefinite or of specified length,(cy) modifying the requirements of Part 5 so that they apply, with the prescribed modifications, to and in respect of persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6.
[3] Section 201 Exemptions
Insert “, or provide for the exemption of,” after “exempt”.
[4] Section 220 Protection from liability
Insert “or the Occupational Health and Safety Act 2000” after “Act” in section 220 (1).
[5] Section 220 (2) (m)
Insert after section 220 (2) (l):(m) a member of staff of the Department.
Explanatory note
Item [1] of the proposed amendments extends the functions of the Chief Inspector under the Coal Mine Health and Safety Act 2002 to include the control and direction of inspectors and mine safety officers.
Item [2] of the proposed amendments includes additional regulation-making powers in relation to the regulation of tourist and educational activities, the lodgment of applications under the Coal Mine Health and Safety Act 2002, permits to conduct tourism activities at a coal operation or to use it for educational purposes and persons who act under the authority of such permits.
Item [3] of the proposed amendments provides for the regulations to provide for the exemption of persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. At present, the regulations may exempt persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. Item [3] of the proposed amendments extends the power so as to permit the regulations to provide for such exemptions. For instance, the regulations may provide for a specified person (such as the Chief Inspector) to exempt persons from any provision of the regulations.
Item [4] of the proposed amendments extends the protection from personal liability afforded to certain protected persons so that it applies also to any matter or thing done or omitted in good faith for the purpose of executing the Occupational Health and Safety Act 2000. The protection is only a protection from personal liability and does not affect an injured party’s right to recover from any other person, for instance from the Crown. (The reference to “or any other Act” in section 220 of the Coal Mine Health and Safety Act 2002 is proposed to be omitted by Schedule 3 [58] to the Mine Health and Safety Act 2004.)
Item [5] of the proposed amendments extends the protection from personal liability to members of staff of the Department administering the Coal Mine Health and Safety Act 2002.
Section 16 Probationary licences
Omit “immediate” from section 16 (2).
Explanatory note
Section 16 of the Commercial Agents and Private Inquiry Agents Act 2004 (the Act) provides for supervision of a person during the first year that they hold an operator licence issued under the Act. Currently the Act provides that such a licence is subject to a condition that the licensee only carry out activities under that licence under the immediate supervision of the holder of a master licence under the Act or the holder of an operator licence that is not subject to such a condition. The proposed amendment removes the requirement that the supervision be “immediate”.
[1] Section 55 Interpretation
Omit “Brasiliero” from section 55 (1) (d). Insert instead “Brasileiro”.
[2] Section 55 (1) (d1)
Insert after section 55 (1) (d):(d1) any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth,
[3] Section 55 (1), note
Omit the note.
[4] Section 57D Council-declared restricted dogs may be seized and destroyed after transition period
Omit “(a)–(d)” from section 57D (2) (a). Insert instead “(a)–(d1)”.
[5] Section 58A Notice of intention to declare dog to be restricted dog
Omit “(a)–(d)” from section 58A (1) (a). Insert instead “(a)–(d1)”.
[6] Section 58C Council may declare dog to be restricted dog
Omit “(a)–(d)” wherever occurring in section 58C (2) (a) (i) and (b) (i).Insert instead “(a)–(d1)”.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Currently, section 55 of the Companion Animals Act 1998 (the NSW Act) defines the following dogs as restricted dogs for the purposes of the NSW Act:
(a) American pit bull terrier or pit bull terrier,
(b) Japanese tosa,
(c) dogo Argentino,
(d) fila Brasileiro,
(e) any dog declared by a council under Division 6 of Part 5 of the NSW Act to be a restricted dog,
(f) any other dog of a breed, kind or description prescribed by the regulations for the purpose of that section.
Item [2] of the proposed amendments inserts section 55 (1) (d1) in the NSW Act so as to extend the definition of restricted dog under the NSW Act to include any other dog of a breed, kind or description that is prohibited from being imported into Australia by or under the Customs Act 1901 of the Commonwealth. Items [3]–[6] make consequential amendments.
[1] Section 202 General rules under this Part as to registration and fees
Omit “and” from section 202 (1) (d).
[2] Section 202 (1) (d1)
Insert after section 202 (1) (d):(d1) providing for the refund or waiver of any such fees, and
Explanatory note
Item [2] of the proposed amendments inserts a regulation-making power into the Conveyancing Act 1919 in relation to the refund or waiver of fees payable under that Act or any other Act (except the Real Property Act 1900) under which the office of the Registrar-General takes fees. Item [1] is a consequential amendment.
[1] Section 9 Excluded matter
Insert “, or applies in accordance with the provisions of Division 3 of Part 12,” after “section 98 (j)” in section 9 (4).
[2] Section 316 Application for transfer
Insert after section 316 (4):(5) For the avoidance of doubt, a co-operative is authorised for the purposes of section 601BC (8) (d) of the Corporations Act to become registered as a company under that Act if the co-operative applies for the transfer in accordance with the provisions of this Division.
[3] Section 321 New body is a continuation of the co-operative
Insert after section 321 (2):(3) If the new body is a company under the Corporations Act, subsections (1) and (2) have effect subject to the provisions of section 601BM of that Act.Note—Section 601BM of the Corporations Act provides that the registration of a body as a company under Part 5B.1 of that Act does not:(a) create a new legal entity, or(b) affect the body’s existing property, rights or obligations (except as against the members of the body in their capacity as members), or(c) render defective any legal proceedings by or against the body or its members.
Explanatory note
The recent decision of the Full Court of the Federal Court in Australian Securities and Investments Commission v Medical Defence Association of Western Australia[2005] FCAFC 173 (25 August 2005) has created uncertainty about the ability of State bodies corporate to register as companies under the Corporations Act 2001 of the Commonwealth. Section 601BC (8) (d) of the Corporations Act 2001 requires the transfer of a State body corporate’s incorporation to be authorised. On one view, the case suggests that express (rather than implied) authorisation by State law is required to satisfy this requirement.
Items [1] and [2] of the proposed amendments confirm that a co-operative is authorised to become registered as a company under the Corporations Act 2001 if it complies with the provisions of Division 3 (Transfer of incorporation) of Part 12 of the Co-operatives Act 1992 with respect to the transfer of its incorporation.
Item [3] makes a consequential amendment.
[1] Section 4 Application of Part
Omit “the Part 16” from section 4 (2). Insert instead “Part 16”.
[2] Section 39 Powers of arrest
Omit “authorised justice” wherever occurring from section 39 (2)–(5).Insert instead “authorised officer”.
[3] Section 39 (7), definition of “authorised justice”
Omit the definition. Insert instead:has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
[4] Section 106Y Provision of information relating to offenders
Insert “of the Drug Court or the Commissioner” after “registrar” in section 106Y (2) (b).
[5] Section 106Y (5) (a) and (b)
Insert “or the Commissioner” after “Drug Court” wherever occurring.
[6] Section 106Y (5) (c)
Insert “or the Department” after “Drug Court” wherever occurring.
Explanatory note
Item [1] of the proposed amendments omits a redundant word.
Items [2] and [3] of the proposed amendments update references to an office.
Section 106Y of the Crimes (Administration of Sentences) Act 1999 (which is to be inserted into that Act by the Compulsory Drug Treatment Correctional Centre Act 2004) mirrors section 31 of the Drug Court Act 1998.
Section 106Y (2) of the Crimes (Administration of Sentences) Act 1999 provides that it is the duty of certain prescribed persons (who may be persons such as psychologists, counsellors or pathologists) to promptly notify the registrar of the Drug Court or the Commissioner of Corrective Services of any failure by an offender to comply with the offender’s compulsory drug treatment personal plan (ie of positive drug test results or other evidence of drug use). The subsection also requires such persons to comply with the requirements of the regulations with respect to the giving of such information to the registrar, but a reference to the giving of information to the Commissioner was inadvertently omitted.
Item [4] of the proposed amendments inserts the missing reference to the Commissioner of Corrective Services into section 106Y (2) (b) to make it clear that prescribed persons must comply with the requirements of the regulations with respect to the giving of information to the Commissioner.
Section 106Y (5) of the Crimes (Administration of Sentences) Act 1999 provides certain legal protection to the registrar and members of staff of the Drug Court by providing that offenders are taken to have authorised the communication of information in specified situations. The subsection also inadvertently omits references to the Commissioner of Corrective Services or the staff of the Department of Corrective Services.
Items [5] and [6] of the proposed amendments insert the missing references to the Commissioner of Corrective Services and the Department of Corrective Services in section 106Y (5) to give the same legal protection to the Commissioner and the staff of the Department as is given to the registrar and members of staff of the Drug Court.
[1] Section 36 Conditions that may be included in contracts of sale
Insert “, or impose in connection with the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989,” after “Crown land” in section 36 (1).
[2] Section 162 Penalty notices for certain offences
Omit “under this Act prescribed by the regulations” from section 162 (1).Insert instead “under this Act, the regulations or the by-laws made under section 128, being an offence prescribed by the regulations for the purposes of this section”.
[3] Section 180C
Insert after section 180B:180C Payments due under the Act(1) Any payment due under this Act must be made as a single payment when due.(2) However, the Minister may accept a payment by instalments on any basis that the Minister determines is appropriate.
Explanatory note
Under section 36 of the Crown Lands Act 1989 (the Act), the Minister for Lands may include in a contract of sale of Crown land a condition for an option or right for the Minister to repurchase the land on behalf of the Crown. Item [1] of the proposed amendments makes it clear that such a condition may also be imposed in connection with the grant of an application to purchase land that is the subject of a holding (an incomplete purchase, a perpetual lease, a term lease or a special lease) under the Crown Lands (Continued Tenures) Act 1989.
Item [2] of the proposed amendments makes it clear that offences under the regulations and by-laws made under the Act may be dealt with by way of penalty notice.
Item [3] of the proposed amendments provides that any payment due under the Act must be made as a single payment when due, but that the Minister may accept a payment by instalments on any basis that the Minister determines is appropriate.
[1] Section 121B Orders that may be given by consent authority or by Minister etc
Insert “or in connection with development for which the Minister or Director-General is or has been the consent authority” after “applies” in section 121B (1) (aa).
[2] Section 122M Search warrants
Omit “authorised justice” wherever occurring from section 122M (1) and (2).Insert instead “issuing officer”.
[3] Section 122M (3)
Omit the subsection. Insert instead:(3) Application of Law Enforcement (Powers and Responsibilities) Act 2002 Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
[4] Section 122M (4), definition of “authorised justice”
Omit the definition. Insert instead:issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
Prior to the enactment of Part 3A of the Environmental Planning and Assessment Act 1979 (the Act), section 121B (1) (b) of the Act authorised any consent authority other than a council (such as the Minister or the Director-General of the Department of Planning) to give orders under Division 2A of Part 6 for the enforcement of the Act in connection with matters for which they act as the consent authority for development. Such an order can be given, for example, to require a person to comply with the conditions of a development consent. The amending legislation that inserted Part 3A into the Act also amended section 121B (1) to insert paragraph (aa) to give the Minister and the Director-General power to give orders in relation to Part 3A projects. The insertion of that power casts doubt on whether the Minister and Director-General retain the power to give orders in respect of development to which Part 4 applies for which they are or have been the consent authority. Item [1] of the proposed amendments makes it clear that the Minister and Director-General retain that power.
Items [2] and [4] of the proposed amendments clarify references to an office holder.
Item [3] of the proposed amendments updates a reference to a repealed Act.
[1] Section 13A
Insert after section 13:13A DelegationThe Game Council may delegate to the chief executive officer of the Game Council the exercise of the function of issuing identification cards to inspectors under section 35 (1).
[2] Section 17 Exemptions from licensing
Omit section 17 (1) (b). Insert instead:(b) a person who is hunting on any land owned or occupied by the person or by a member of the person’s household,(b1) a person who is hunting on any land owned or occupied by the person’s employer or by a corporation of which the person is an officer,
Explanatory note
The Game and Feral Animal Control Act 2002 establishes the Game Council and confers functions on it, including the administration of the licensing system for game hunters.
Item [1] of the proposed amendments provides for the Game Council to delegate to its chief executive officer the exercise of the function of issuing identification cards to inspectors.
Item [2] of the proposed amendments exempts an employee of a person who owns or occupies land from the need to obtain a game hunting licence to hunt on that land.
Schedule 1 Provisions relating to the directors
Omit “of State for Health of New South Wales” from clause 2 (1) (e).Insert instead “administering this Act”.
Explanatory note
The Garvan Institute of Medical Research Act 1984 (the Act) currently makes provision for 2 directors of the Garvan Institute Board to be nominated by the Minister of State for Health of New South Wales. The proposed amendment replaces the reference to that Minister as nominator with a reference to the Minister administering the Act. (The Minister administering the Act changed in May 2005 from the Minister for Health to the Minister for Science and Medical Research.)
[1] Section 13 Advisory Council
Omit “Department of Agriculture” from section 13 (2) (a).Insert instead “Department of Primary Industries”.
[2] Section 13 (2) (f)
Omit “Australian Wheat Board Pty Ltd”. Insert instead “AWB Limited”.
[3] Section 13 (2) (g)
Omit “the Chief Executive of”.
[4] Section 13 (2) (h)
Omit “the Chair of Avcare Limited”.Insert instead “CropLife Australia Limited”.
[5] Section 13 (2) (i)
Omit “the Chair of”.
Explanatory note
The Gene Technology (GM Crop Moratorium) Act 2003 establishes the New South Wales Agricultural Advisory Council on Gene Technology and confers functions on it, including the investigation of matters referred to the Advisory Council by the Minister for Primary Industries and providing advice to the Minister on matters relating to GM technology. The Advisory Council is made up of members nominated by certain persons and organisations.
Items [1] and [2] of the proposed amendments update references to organisations that have changed their names.
Item [3] of the proposed amendments ensures that the Commonwealth Scientific and Industrial Research Organisation nominates a member of the Advisory Council rather than the Chief Executive of that organisation.
Item [4] of the proposed amendments updates a reference to an organisation that has changed its name and ensures that the organisation, rather than the Chair of that organisation, nominates a member of the Advisory Council.
Item [5] of the proposed amendments ensures that the Grains Research and Development Corporation, rather than the Chair of that organisation, nominates a member of the Advisory Council.
Part 8A The Orange Agricultural College
Omit the Part.
Explanatory note
Part 8A of the Higher Education (Amalgamation) Act 1989 includes provisions that, among other things, vest the control and management of the Orange Agricultural College campus in the University of Sydney. The proposed amendment omits that Part as a consequence of the college having been transferred from the University of Sydney to Charles Sturt University.
Section 27 What orders can the Tribunal make?
Insert after section 27 (1) (e):(f) an order terminating the occupation agreement and an order for possession of the site.
Explanatory note
The Holiday Parks (Long-term Casual Occupation) Act 2002 (the Act) sets out the rights and obligations of long-term casual occupants of holiday parks and the park owners and regulates the making and operation of occupation agreements under which a park owner grants an occupant the right to occupy a site. The Consumer, Trader and Tenancy Tribunal (the Tribunal) has jurisdiction over certain matters concerning occupation agreements. Section 26 of the Act provides that a park owner or an occupant may apply to the Tribunal for an order if the park owner or occupant claims that a breach of a term of the occupation agreement has occurred or if a disagreement occurs between a park owner and an occupant concerning a matter that could form the basis of a breach of the occupation agreement.
The object of the proposed amendment is to provide that the Tribunal may, on application under section 26, make an order terminating the occupation agreement and an order for possession of the relevant site.
[1] Section 57G
Insert after section 57F:57G Former officers of the CommissionFor the avoidance of doubt, a reference in any other provision of this Part to an officer of the Commission includes a reference to a former officer of the Commission.
[2] Section 111C Relationship with Ombudsman regarding conduct of Commission and Inspector
Insert “or former officer” after “officer”.
[3] Section 111D Complaints by public officials
Insert “or former officer” before “of the Commission” where secondly occurring in section 111D (1).
Explanatory note
The proposed amendments to the Independent Commission Against Corruption Act 1988 confirm that the Inspector of the Independent Commission Against Corruption may investigate complaints about the conduct of former officers of the Commission as well as the conduct of current officers of the Commission.
[1] Section 4 Definitions
Omit the definition of from section 4 (1). Insert instead:has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
[2] Section 6B Delegations
Insert after section 6B (4):(5) The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 105A and 105B):(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
[3] Sections 104A and 104B
Omit “authorised justice” wherever occurring.Insert instead “authorised officer”.
[4] Section 151 Search warrants
Omit section 151 (1).
Explanatory note
Items [1], [3] and [4] of the proposed amendments update references to an office holder.
Item [2] of the proposed amendments enables the Director-General of the Department of the Arts, Sport and Recreation to delegate his or her functions under the Liquor Act 1982 in relation to key officials (or former key officials) of that Department to the Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive officer employed in that Office if the position of Commissioner does not exist.
[1] Section 85 Issue of tourist and educational permits
Insert “or prescribed by the regulations (or both)” after “form” where secondly occurring in section 85 (3).
[2] Section 130 Functions of Chief inspector
Omit section 130 (1) (a). Insert instead:(a) the control and direction of inspectors and mine safety officers, and
[3] Section 166 Regulations: specific miscellaneous powers
Omit section 166 (bx). Insert instead:(bx) modifying the requirements of Part 5 so that they apply, with the prescribed modifications, to and in respect of persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6.
[4] Section 172 Exemptions
Insert “, or provide for the exemption of,” after “exempt” in section 172 (1).
[5] Section 189 Protection from liability
Insert “or the Occupational Health and Safety Act 2000” after “Act” in section 189 (1).
[6] Section 189 (2) (k)
Insert after section 189 (2) (j):(k) a member of staff of the Department.
[7] Schedule 3 Amendment of Coal Mine Health and Safety Act 2002
Insert “or prescribed by the regulations (or both)” after “form” where secondly occurring in proposed section 107 (3) in Schedule 3 [29].
Explanatory note
Item [1] of the proposed amendments provides for an application for a tourist or educational permit under the Mine Health and Safety Act 2004 to be accompanied by the documents prescribed by the regulations (as well as any documents specified in an approved form). Item [7] makes the same provision in respect of an application for such a permit under the Coal Mine Health and Safety Act 2002.
Item [2] of the proposed amendments extends the functions of the Chief Inspector under the Mine Health and Safety Act 2004to include the control and direction of inspectors and mine safety officers.
Item [3] of the proposed amendments includes an additional regulation-making power in relation to persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6 of the Mine Health and Safety Act 2004.
Item [4] of the proposed amendments provides for the regulations to provide for the exemption of persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. At present, the regulations may exempt persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. Item [4] of the proposed amendments extends the power so as to permit the regulations to provide for such exemptions. For instance, the regulations may provide for a specified person (such as the Chief Inspector) to exempt persons from any provision of the regulations.
Item [5] of the proposed amendments extends the protection from personal liability afforded to certain protected persons so that it applies also to any matter or thing done or omitted in good faith for the purpose of executing the Occupational Health and Safety Act 2000. The protection is only a protection from personal liability and does not affect an injured party’s right to recover from any other person, for instance from the Crown.
Item [6] of the proposed amendments extends the protection from personal liability to members of staff of the Department of Primary Industries.
[1] Section 14 Application for licence
Omit “and shall be accompanied by the prescribed fee” from section 14 (1).
[2] Section 14 (1A)
Insert after section 14 (1):(1A) An applicant for a licence or the renewal of a licence must pay the prescribed fee at the same time as the application is made or as provided by the regulations.
[3] Section 14 (4)
Insert after section 14 (3):(4) The regulations may make provision for or with respect to the following:(a) times for the payment of fees for licences or renewals of licences,(b) the payment of such fees by instalments,(c) the waiver or refund of the whole or any part of such fees.
Explanatory note
The proposed amendments to the Non-Indigenous Animals Act 1987 enable regulations under that Act to provide for the prescribed fee for a licence or renewal of a licence to be paid by instalments and for the waiving or refunding of the prescribed fee.
[1] Section 3 Definitions
Omit the definition of regulator from section 3 (1). Insert instead:regulator means:(a) in relation to a public passenger service carried on by means of a ferry—the Maritime Authority, and(b) in relation to a public passenger service carried on otherwise than by means of a ferry—the Director-General.
[2] Section 3 (1), definition of “Waterways Authority”
Omit the definition. Insert instead in alphabetical order:Maritime Authority means the Maritime Authority of NSW constituted under Part 4 of the Ports Corporatisation and Waterways Management Act 1995.
[3] Sections 46R (2) (f) (ii), 46W (2), 53C (2) (a) and (c), (3) and (5), 53D (2) (c), (3) and (4), 53E (1) and 66 and Schedule 3, clause 48
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority”.
Explanatory note
The concept of a regulator (and a definition of that term) was introduced into the Passenger Transport Act 1990 (the Act) by the Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005 (the amending Act).
The definition is currently as follows:
regulator means:(a) in relation to a public passenger service carried on by means of a bus—the Director-General, and(b) in relation to a public passenger service carried on by means of a ferry—the Waterways Authority.
(The Director-General referred to is the Director-General of the Ministry of Transport. Public passenger service is defined in the Act.)
Among other things, the regulator is empowered to appoint persons as for the purposes of the Act (see section 46W). Before the enactment of the amending Act, authorised officers were appointed by the Director-General or the Independent Transport Safety and Reliability Regulator “for the purposes of the provision in which the expression [authorised officer] is used”.
In consequence of these changes, there is some doubt as to whether authorised officers appointed by the Director-General may exercise their functions in relation to public passenger services carried on by means other than the means of a bus or a ferry (such as by means of a taxi or a private hire vehicle).
To remove this doubt, item [1] of the proposed amendments extends the definition of regulator so as to provide that the Director-General is the regulator in relation to all public passenger services other than those carried on by means of a ferry.
Items [2] and [3] of the proposed amendments update references to a renamed body.
Section 9 Seizure of plants
Omit “seized shall be destroyed or otherwise dealt with in such manner as the Director-General shall direct” from section 9 (1).Insert instead:seized:(a) is to be destroyed, or(b) is to be dealt with in such other manner as the Director-General directs.
Explanatory note
The proposed amendment clarifies that the power of the Director-General of the Department of Primary Industries under section 9 of the Plant Diseases Act 1924 is to give directions on the manner in which a thing that has been seized under the section, but not destroyed, is to be dealt with.
[1] Long title
Omit “Waterways Authority”. Insert instead “Maritime Authority of NSW”.
[2] Section 3 Definitions
Insert in alphabetical order in section 3 (1):the Authority means the Maritime Authority of NSW constituted under Part 4.
[3] Section 3 (1), definition of “Waterways Authority”
Omit the definition.
[4] Sections 17 (1), 26 (2), 27 (3), 33 (2) and (2A), 35 (2), 36 (1), 37, 38, 39 (1)–(4), 40 (1) and (2), 41 (1)–(3), 42 (2)–(4), 43, 44 (1), 46, 58, 59 (4) (b), 64, 103, 107 (2), 108 and 109
Omit “Waterways Authority” wherever occurring. Insert instead “Authority”.
[5] Part 4, heading
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
[6] Part 4, Divisions 1, 2 and 3, headings
Omit “Waterways” wherever occurring.
[7] Section 35 Constitution of Authority
Omit “Waterways Authority” from section 35 (1).Insert instead “Maritime Authority of NSW”.
Explanatory note
Item [7] of the proposed amendments changes the name of the Waterways Authority constituted under section 35 of the Ports Corporatisation and Waterways Management Act 1995 to the Maritime Authority of NSW.
Items [1]–[6] make consequential amendments.
[1] Schedule 1 Amendment of Real Property Act 1900
Insert “in section 47 (1) (b) and” after “except” in item [8].
[2] Schedule 1
Insert after item [8]:[8A] Section 47 (1) (b)Omit the paragraph. Insert instead:(b) if the affecting interest is an easement or profit à prendre that benefits land under the provisions of this Act—in the folio of the Register for the land benefited.
Explanatory note
Schedule 1 [7]–[11] to the Property Legislation Amendment Act 2005 (the amending Act), which have not yet commenced, amend section 47 of the Real Property Act 1900 in relation to the recording, variation and release of an easement, profit à prendre or restriction on the use of land. An unintended consequence of the amending Act is that the Registrar-General would be required to record particulars of a dealing creating a restriction in the folio of the Register under the Real Property Act 1900 for the land benefited, if the restriction benefits land under the provisions of that Act. Item [2] of the proposed amendments removes that requirement. Item [1] is a consequential amendment.
[1] Section 110 Revocation or variation
Omit “regulatory authority” from section 110 (4).Insert instead “Minister or by the regulatory authority or public authority”.
[2] Section 146D Littering reports
Omit “(by weight and volume)” from section 146D (2).
[3] Section 207 Power to require articles to be tested or inspected
Insert “or inspected” after “tested” wherever occurring in section 207 (1) and (2).
[4] Section 207 (2) (c)
Insert at the end of section 207 (2) (b):, or(c) to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
[5] Section 207 (4) and (5)
Insert after section 207 (3):(4) The regulations may make provision for or with respect to the approval by the EPA of:(a) the places at which articles are to be tested or inspected for the purposes of this section, and(b) the persons who may carry out any such testing or inspection.(5) Without limiting subsection (4), the regulations may make provision for or with respect to the following:(a) the issue, transfer, conditions, variation, surrender, review, suspension or revocation of an approval (including applications for the issue, transfer, variation or surrender of approvals) for the purposes of this section,(b) the maximum fee that may be charged with respect to the testing or inspection of an article under subsection (2) (c).
[6] Section 280 Powers of entry by police by warrant
Omit “an within the meaning of the Search Warrants Act 1985” from the definition of Magistrate in section 280 (12).Insert instead “an within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002”.
[7] Schedule 2 Regulation-making powers
Omit clause 3 (7). Insert instead:(7) The testing and inspection of articles, and requiring articles to be tested or inspected, for the purpose of:(a) determining whether they comply with the requirements of this Act or the regulations, and(b) without limiting paragraph (a), determining the level, nature, character or quality of the noise emitted by them or the noise that they are capable of emitting.
[8] Schedule 2, clause 4 (3A)
Insert after clause 4 (3):(3A) The testing and inspection of vehicles or vessels, and requiring vehicles or vessels to be tested or inspected, for the purpose of determining whether they comply with the requirements of this Act or the regulations.
[9] Dictionary
Omit “Waterways Authority” from the definition of .Insert instead “Maritime Authority of NSW”.
Explanatory note
Item [1] of the proposed amendments makes it clear that a notice issued under Chapter 4 of the Protection of the Environment Operations Act 1997 (the Act) can only be revoked or varied by the Minister or by the regulatory authority or public authority that gave it.
Section 146D of the Act requires the EPA to furnish a litter report to the Minister. Item [2] of the proposed amendments removes the requirement for the quantity of litter in a litter report to be measured by weight and volume.
Items [3]–[5], [7] and [8] of the proposed amendments provide for and clarify various regulation-making and other powers for the inspection and testing of articles, including vehicles and vessels, under the Act.
Section 207 of the Act currently gives an authorised officer the power to require articles to be tested for the purpose of determining whether the articles comply with the requirements of the Act or the regulations under the Act. Item [3] of the proposed amendments makes it clear that this power covers the inspection of articles. Item [4] of the proposed amendments provides that an authorised officer may require an article to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
Item [5] of the proposed amendments provides that the regulations may make provision for:
(a) the approval by the EPA of places at which articles are to be tested or inspected and the persons who may carry out any such testing or inspection, and
(b) the issue, transfer, conditions, variation, surrender, review, suspension or revocation of such an approval (including applications for the issue, transfer, variation or surrender of approvals), and
(c) the maximum fee that may be charged with respect to the testing or inspection of an article.
Item [6] of the proposed amendments updates a reference to an office.
Items [7] and [8] of the proposed amendments clarify the regulation-making powers under Schedule 2 to the Act in relation to noise, and vehicles and vessels.
Item [9] of the proposed amendments updates a reference to a renamed body.
[1] Schedule 1 Divisions of the Government Service
Insert in Part 2 in alphabetical order of Divisions:
[2] Schedule 1, Part 2
Omit the matter relating to the Waterways Authority Division from columns 1 and 2.Insert instead in alphabetical order of Divisions:
[3] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit “Waterways Authority” from Part 2.Insert instead “Maritime Authority of NSW”.
Explanatory note
Item [1] of the proposed amendments establishes the Public Transport Ticketing Corporation Division as a Division of the Government Service in which staff are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the Public Transport Ticketing Corporation to exercise its functions. The amendment is consequential on the amendments to the Transport Administration Act 1988 contained elsewhere in this Schedule.
Items [2] and [3] of the proposed amendments update references to a renamed body.
[1] Section 105 Recording of writ in Register
Omit section 105 (2) (b). Insert instead:(b) is accompanied by:(i) a sealed copy of the writ, or(ii) a copy of a sealed copy of the writ certified by the Sheriff to be a true copy,
[2] Section 105A Effect of recording writ
Omit “and” from section 105A (4) (b).
[3] Section 105A (4) (c) and (d)
Omit section 105A (4) (c). Insert instead:(c) in the case of a transfer, is accompanied by an associated agreement for sale endorsed with the relevant consent under section 113 (6) (b) of the Civil Procedure Act 2005, and(d) in the case of a mortgage, is endorsed with the relevant consent under section 113 (6) (b) of the Civil Procedure Act 2005,
[4] Section 135 Registrar-General may settle claims
Omit section 135 (6). Insert instead:(6) The Registrar-General may delegate to a member of staff of the Department of Lands the power of the Registrar-General to settle claims under this section.
[5] Section 138 Court may direct cancellation of folios and other actions related to folios
Insert after section 138 (3) (c):(c1) create a new edition of a computer folio,
[6] Section 138 (3A)
Insert after section 138 (3):(3A) If a court makes an order under subsection (3) (c), the Registrar-General may require a person to lodge with the Registrar-General a plan (being, where the Registrar-General so specifies, a plan of survey) of the relevant land, together with such number of copies of the plan, if any, as the Registrar-General may specify.
Explanatory note
At present under section 105 of the Real Property Act 1900 (the Act), the Registrar-General may record a writ in the Register under the Act pursuant to an application that, among other things, must be accompanied by a sealed copy of the writ. Item [1] of the proposed amendments provides that either a sealed copy of the writ or a copy of a sealed copy of the writ certified by the Sheriff as being a true copy must accompany such an application.
Item [3] of the proposed amendments makes it clear that a mortgage that is registered by a judgment debtor under section 105A of the Act following the recording of a writ in the Register must be endorsed with the consent of the Sheriff to the mortgage (pursuant to section 113 (6) (b) of the Civil Procedure Act 2005). Item [2] is a consequential amendment.
Item [4] of the proposed amendments provides that the Registrar-General may delegate to a member of staff of the Department of Lands the power of the Registrar-General to settle any claim for payment of compensation from the Torrens Assurance Fund under section 135 of the Act.
Item [5] of the proposed amendments makes it clear that a court may, in relation to certain proceedings, order the Registrar-General to create a new edition of a computer folio of the Register.
Item [6] of the proposed amendments provides that where a court in relation to certain proceedings orders the Registrar-General to create a new folio of the Register, the Registrar-General may require a person to lodge with the Registrar-General a plan (with copies) of the relevant land.
Section 6A Delegations
Insert after section 6A (4):(5) The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 59A and 59B):(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
Explanatory note
The proposed amendment enables the Director-General of the Department of the Arts, Sport and Recreation to delegate his or her functions under the Registered Clubs Act 1976 in relation to key officials (or former key officials) of that Department to the Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive officer employed in that Office if the position of Commissioner does not exist.
Section 17 Application to Land and Environment Court for premises not to be used as a brothel
Omit section 17 (6). Insert instead:(6) This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read:(a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and(b) in relation to such part of the land in the Western Division of the State as is not in a local government area—as a reference to the Western Lands Commissioner, and(c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area.
Explanatory note
At present, section 17 (6) of the Restricted Premises Act 1943 (the Act) provides that section 17 “extends to premises within an area that is not a local government area and in that case a reference to a local council is to be read as a reference to the prescribed authority for the area”.
Currently, there are only 2 such areas—Lord Howe Island and part of the Western Division of the State. The Disorderly Houses Regulation 2001 (the Regulation), which is made under the Act, prescribes the Lord Howe Island Board and the Western Lands Commissioner, respectively, as the authorities for those areas.
As those authorities are unlikely to change, the proposed amendment transfers the relevant provision of the Regulation into the Act. This permits the repeal of the Regulation (which does nothing of substance other than prescribe those authorities) and obviates the necessity of remaking it every 5 years in connection with the staged repeal of statutory rules under section 10 of the Subordinate Legislation Act 1989. The Regulation would otherwise be repealed by section 10 (2) of that Act on 1 September 2006.
[1] Section 4 Notes
Omit “Schedule 2”. Insert instead “Schedules 2 and 2A”.
[2] Section 63 Interpretation
Insert “, but does not include a dispute of the kind referred to in section 19 (1) (b) or 31 (1) (b) as to the rent payable under a retail shop lease (where the rent is to be current market rent for the shop)” after “security bond” in the definition of retail tenancy dispute in section 63 (1).
[3] Schedule 2 Lessor and lessee disclosure statements
Omit “Waste disposal and removal maintenance” from the matter under the heading “Waste management costs” in Part 1 of Schedule 2.Insert instead “Waste disposal and removal”.
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Sections 19 and 31 of the Retail Leases Act 1994 (the Act) make provision for the determination of current market rent (which is relevant to retail shop leases that provide for rent to be changed to current market rent) or that provide for an option for renewal or extension at current market rent. Where parties cannot agree as to the rent payable, those sections provide for the appointment, by the Administrative Decisions Tribunal, of a specialist retail valuer to determine the rent.
Item [2] of the proposed amendments makes it clear that such a disagreement does not constitute a retail tenancy dispute for the purposes of Part 8 of the Act. Consequently, it will not be necessary for the parties to attempt mediation before applying to the Tribunal for the appointment of a specialist retail valuer.
Item [3] of the proposed amendments omits a redundant word.
Section 24 Meaning of “registrable security instrument”
Omit “the parties to it” from section 24 (c). Insert instead “each grantor”.
Explanatory note
At present, section 24 of the Security Interests in Goods Act 2005 provides that a security instrument is a registrable security instrument for the purposes of that Act if, among other things, the instrument has been duly executed by the parties to it. The proposed amendment clarifies that the instrument need only be executed by each grantor.
Section 7 Meaning of public office “responsible” for a record
Insert after section 7 (4):(4A) However, if the defunct office whose functions have not devolved on another public office is a Royal Commission or Special Commission of Inquiry, the public office entitled to control of the record is The Cabinet Office.
Explanatory note
The State Records Act 1998 (the Act) sets out the general obligations of public offices of the State with respect to the management and protection of their records (State records). The obligations under the Act are imposed on the public offices “responsible” for the records (which section 7 of the Act defines as the public offices that are entitled to control of the records). Under section 10 of the Act, the chief executive of a public office has a duty to ensure that the responsibilities of the public office under the Act are complied with. Special provision is made in section 16 of the Act for the designation of the Director-General of The Cabinet Office as the chief executive of Royal Commissions and Special Commissions of Inquiry.
At present, under section 7 (4) of the Act, the Minister for the Arts has to designate the public office that is entitled to control the State records of a public office that has ceased to exist but whose functions have not devolved on another public office. The proposed amendment provides that if a Royal Commission or Special Commission of Inquiry ceases to exist and its functions have not devolved on another public office, The Cabinet Office is the public office entitled to control of its State records for the purposes of the Act.
Section 10 Staged repeal of statutory rules
Insert after section 10 (3):(4) Despite the other provisions of this Part, the following regulations remain in force until 1 September 2007, unless sooner repealed:(b) the Liquor Regulation 1996,(c) the Private Hospitals Regulation 1996,(d) the Registered Clubs Regulation 1996.
Explanatory note
Staged repeal of statutory rules
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of statutory rules. The repeal takes effect on the fifth anniversary of the date on which the statutory rule was published (in the case of a statutory rule published on 1 September in any year) or on 1 September following the fifth anniversary of the date on which it was published (in any other case)—see section 10 (2) of the Act. Unless it is intended to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act is usually remade in advance of the repeal date.
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of the Governor, for a period of one year. However, the repeal of a particular statutory rule cannot be postponed on more than 5 occasions.
The repeals of the 4 Regulations to which the proposed amendment relates (the Regulations) have each been postponed on 5 occasions, and the Regulations are now due to be repealed on 1 September 2006. However, proposed legislative reforms involving the repeal and re-enactment of the Private Hospitals and Day Procedure Centres Act 1988 and the Liquor Act 1982, and extensive amendments to the Registered Clubs Act 1976, resulting from a National Competition Policy review of those 3 Acts and the NSW Summit on Alcohol Abuse 2003 will have a substantial impact on the matters dealt with by the Regulations. In view of this, there seems little point in remaking them. On the other hand, it is desirable to keep the current regulatory schemes of the Regulations in place until such time as replacement provisions come into force under new or revised legislation.
Accordingly, the proposed amendment has the effect of keeping the Regulations in force for a further period of one year after the date on which they would otherwise be repealed by the Act. However, any of the Regulations may be sooner repealed by other legislation.
[1] Section 61RB Power of STC to adjust benefits to comply with certain Commonwealth standards relating to superannuation
Omit “pension under section 29” from section 61RB (2) (a).Insert instead “specified invalidity pension”.
[2] Section 61RB (10) (c)
Insert at the end of section 61RB (10) (b):, and(c) specified invalidity pension means a pension under section 29 other than a pension in respect of which the period for payment has been determined, in accordance with section 29 (4A) (b) or (5), to be for the remainder of the relevant person’s life.
[3] Schedule 3, Part 1 and Schedule 26, Part 1
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority of NSW”.
Explanatory note
Section 61RB of the Superannuation Act 1916 provides for contributors or former contributors to elect to receive certain pensions in a form that complies with relevant Commonwealth superannuation standards. Under the current section 61RB (2) (a), pensions under section 29 of that Act are excluded from the pensions that may be the subject of such an election.
Items [1] and [2] of the proposed amendments make certain pensions under section 29 eligible to be the subject of such an election, while other pensions under section 29 remain excluded. A pension is eligible to be the subject of such an election if the period for payment has been determined, in accordance with section 29 (4A) (b) or (5), to be for the remainder of the relevant person’s life.
Item [3] of the proposed amendments updates references to a renamed body.
Section 10A
Insert after section 10:10A Re-registration after removal for non-payment of registration administration fee(1) The Board must cause a registered surveyor’s name to be removed from the register of surveyors if the surveyor has failed to pay the registration administration fee on or before 31 August in any year.(2) A person whose name has been removed from the register of surveyors for failure to pay the registration administration fee is entitled to re-registration if the person pays to the Board any unpaid registration administration fee or fees together with the fee for an application for restoration of registration.(3) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of the person’s name from the register of surveyors.(4) A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person’s name was removed from the register of surveyors or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered.(5) Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a registered surveyor but for this section.(6) An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person’s name is authorised or required to be removed from the register of surveyors.
Explanatory note
It is a condition of registration as a registered surveyor under the Surveying Act 2002 that a registration administration fee be paid by on or before 31 August in each year. The proposed amendment provides for the manner in which a person who has been removed from the register of surveyors for failure to pay such a fee may be re-registered.
Section 93 Attachment of salary or wages of officers and temporary employees
Omit the section.
Explanatory note
The proposed amendment omits a provision from the Teaching Service Act 1980 that deals with the enforcement of judgment debts against officers or temporary employees of the Teaching Service by means of attachment of their salary or wages as such matters are now dealt with under Part 8 of the Civil Procedure Act 2005 (Enforcement of judgments and orders). The provision proposed to be repealed is similar to that in the Attachment of Wages Limitation Act 1957 which was repealed by the Civil Procedure Act 2005.
[1] Section 26ZO Monitoring by Ombudsman
Insert after section 26ZO (7):(8) The report may be included with the report prepared by the Ombudsman under section 27ZC so long as the requirements of this section are complied with in relation to the report prepared under this section.
[2] Section 27ZC Monitoring by Ombudsman
Omit “the Minister, the Commissioner of Police and the Crime Commissioner” from section 27ZC (3).Insert instead “the Attorney General and the Minister for Police”.
[3] Section 27ZC (7)
Insert after section 27ZC (6):(7) The report may be included with the report prepared by the Ombudsman under section 26ZO so long as the requirements of this section are complied with in relation to the report prepared under this section.
Explanatory note
Section 26ZO of the Terrorism (Police Powers) Act 2002 (the Act) requires the Ombudsman to prepare reports at certain times on the exercise of police powers under Part 2A of the Act (Preventative detention orders). Section 27ZC of the Act requires the Ombudsman to prepare similar reports at certain times on the exercise of police powers under Part 3 of the Act (Covert search warrants). Reports under section 26ZO are to be provided to the Attorney General and the Minister for Police. Reports under section 27ZC are to be provided to the Attorney General, the Commissioner of Police and the Crime Commissioner.
Items [1] and [3] amend the Act to enable the reports under sections 26ZO and 27ZC to be combined into one document.
Item [2] amends the Act so that a report under section 27ZC is to be provided to the Attorney General and the Minister for Police rather than as is currently the case to the Attorney General, the Commissioner of Police and the Crime Commissioner. The amendment will facilitate the issuing of the report in a combined document. The requirement that both reports under sections 26ZO and 27ZC are to be tabled before Parliament still applies.
[1] Section 36A Minor amendments to Schedules
Omit “without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment” from section 36A (1).Insert instead “or to omit the description of any species or population from, or insert a description of any species or population into, Schedule 1, 1A, 2 or 3, without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment, omission or insertion”.
[2] Section 36A (1) (a)
Insert “described in Schedule 1, 1A, 2 or 3, or a reclassification of any such species into further species,” after “species”.
[3] Section 36C Revision of Schedule on publication of determination
Insert “or that a description of a species or population be omitted from or inserted into Schedule 1, 1A, 2 or 3” after “be amended”.
[4] Section 36C (a) and (b)
Omit the paragraphs. Insert instead:(a) in the case of the amendment of a description—by omitting the description from the Schedule concerned and by inserting instead a description in the manner required by the determination, and(b) in the case of the omission or insertion of a description—by omitting the description from, or inserting the description into, the Schedule concerned.
Explanatory note
Section 36A of the Threatened Species Conservation Act 1995 (the Act) allows the Scientific Committee constituted under that Act to make minor amendments to listings set out in Schedule 1, 1A, 2 or 3 to the Act without going through the public participation procedure set out in the Act, but only for the purposes of reflecting a change in the name of a species as a result of taxonomic revision, correcting any minor error or omission, or clarifying a description of an ecological community. Presently, the Act allows only the description of species or populations listed in a Schedule to be amended for those purposes. It does not allow species or populations to be added or removed for those purposes.
Item [1] of the proposed amendments makes it clear that Schedule 1, 1A, 2 or 3 to the Act may be amended under section 36A by omitting the description of any species or population from, or by inserting a description of any species or population into, any of those Schedules for the “taxonomic revision” or other purposes permitted by that section. Items [3] and [4] are consequential amendments.
Item [2] of the proposed amendments refines the “taxonomic revision” purpose for which amendments to Schedule 1, 1A, 2 or 3 may presently be made under section 36A by expressly allowing such amendments to be made if the Scientific Committee determines they are necessary or desirable to reflect a reclassification of a species described in Schedule 1, 1A, 2 or 3 into further species or subspecies as a result of taxonomic revision (and not merely to reflect a change of name of a species).
[1] Section 35R Establishment of Public Transport Ticketing Corporation
Insert after section 35R (2) (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):(3) The Public Transport Ticketing Corporation cannot employ any staff.Note—Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Public Transport Ticketing Corporation to exercise its functions.
[2] Section 35T Functions of Public Transport Ticketing Corporation
Insert at the end of section 35T (2) (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):Note—References in this Act to the staff or employees of the Public Transport Ticketing Corporation are required to be construed in accordance with section 4K of the Public Sector Employment and Management Act 2002.
[3] Section 35ZI Staff
Omit the section (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006).
[4] Sections 42A, definition of “transport authority”, 42I (1), (2), (4) and (5) (a) and 42J (d)
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority of NSW”.
[5] Section 56 Application of Division
Insert “, the Public Transport Ticketing Corporation” after “an Authority”.
[6] Schedule 5 Extended leave for certain staff
Insert “and the Public Transport Ticketing Corporation” after “Regulator” in the definition of Authority in clause 2.
[7] Schedule 11 Conversion of Public Transport Ticketing Corporation to a SOC
Insert after item [1] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):[1A] Section 56 Application of DivisionOmit “, the Public Transport Ticketing Corporation”.
[8] Schedule 11, item [2A]
Insert after item [2] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):[2A] Schedule 5 Extended leave for certain staffOmit “and the Public Transport Ticketing Corporation” from the definition of Authority in clause 2.
[9] Schedule 11, item [3] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006)
Omit the clause headed “Staff” from the provisions to be inserted in Schedule 7 (Savings, transitional and other provisions) to the Transport Administration Act 1988.Insert instead:StaffA person who, immediately before the commencement of this clause, was employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service to enable the Public Transport Ticketing Corporation to exercise its functions is, on that commencement, taken to be employed by the Corporation under section 20M of the State Owned Corporations Act 1989 on the same terms and conditions as applied to the person before that commencement.
[10] Schedule 11, item [3] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006)
Insert after the clause headed “Amendment of Public Finance and Audit Act 1983 No 152” to be inserted in Schedule 7 to the Transport Administration Act 1988:The Public Sector Employment and Management Act 2002 is amended by omitting from Part 2 of Schedule 1 the matter relating to the Public Transport Ticketing Corporation Division.
Explanatory note
Items [1]–[3] and [5]–[10] of the proposed amendments remove the employment functions of the Public Transport Ticketing Corporation, expressly prevent the Corporation from employing staff and make consequential amendments. The amendments are consistent with the amendments made to various Acts by the Public Sector Employment Legislation Amendment Act 2006. That Act, among other things, removed the employment functions of certain statutory corporations that employed their own staff (such as the RTA and the STA) and created the Government Service of New South Wales to facilitate the employment of staff in the public sector.
Item [4] of the proposed amendments updates references to a renamed body.
Section 27 Establishment of academic colleges
Omit “Orange Agricultural College” from section 27 (1).
Explanatory note
The proposed amendment to the University of Sydney Act 1989 removes a reference to the Orange Agricultural College as an academic college of the University of Sydney as a consequence of the college having been transferred from the University of Sydney to Charles Sturt University.
[1] Section 322 Regulations
Omit “reduction and deferral” from section 322 (1) (i).Insert instead “reduction, deferral and refund”.
[2] Schedule 5 Constitution and procedure of water supply authorities
Omit clause 22. Insert instead:22 Members of the Cobar Water Board(1) The Cobar Water Board is to consist of 7 part-time members appointed by the Governor.(2) Of the members:(a) one is to be selected by the Minister and is, in and by the instrument by which the person is appointed, to be appointed as President of the Board, and(b) one is to be nominated by:(i) Goldcorp Asia Pacific Pty Ltd, or(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and(c) one is to be nominated by:(i) CBH Resources Limited, or(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and(d) one is to be nominated by:(i) Cobar Management Pty Ltd, or(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and(e) 3 are to be nominated by the Cobar Shire Council.(3) If a nomination under subclause (2) (b), (c), (d) or (e) is not made within a time notified by the Minister, a person nominated by the Minister is to be appointed.(4) A person who, immediately before the substitution of this clause by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 2006, held office as a member of the Cobar Water Board ceases to hold office on that substitution.(5) A person who ceases to hold office because of subclause (4) is not entitled to any remuneration or compensation because of so ceasing to hold office.
[3] Schedule 5, clause 23
Omit the clause.
Explanatory note
Section 322 of the Water Management Act 2000 (the Act) enables the making of regulations for or with respect to (among other matters) “the waiver, reduction and deferral of fees, service charges and other charges” charged or levied under that Act (section 322 (1) (i)).
Item [1] of the proposed amendments enables the making of regulations for or with respect to the refund of those fees and charges.
Clause 22 of Schedule 5 to the Act provides for the constitution of the Cobar Water Board. Currently, that Board comprises 5 part-time members appointed by the Governor of whom:
(a) one is a member of the Public Service who is also appointed as President of the Board, and
(b) 2 are selected by the Minister administering the relevant parts of that Act (currently the Minister for Water Utilities) of whom one is from a panel nominated by Peak Gold Mines Pty Limited (and such other mining companies as the Minister determines) and one from a panel nominated by Pasminco Australia Limited (and such other mining companies as the Minister determines), and
(c) 2 are nominated by the Cobar Shire Council.
The 2 mining companies specified operated the 2 mines in the Cobar area at the time the clause was enacted.
Item [2] of the proposed amendments restructures the Cobar Water Board as follows:
(a) to provide that the Board has 7 part-time members instead of 5 part-time members,
(b) to provide that the person appointed as President of the Board by the Minister for Water Utilities is not required to be a public servant,
(c) to take account of the fact that 3 mines now operate in the Cobar area,
(d) to update the references to the names of the mining companies operating those mines and provide a mechanism to allow the relevant nominating mining companies to be altered by regulation in the future,
(e) to provide that Cobar Shire Council may nominate 3 instead of 2 members,
(f) to deal with the transition from the old Board composition to the new composition.
Clause 23 (Vacation of office by President) of Schedule 5 to the Act currently provides that the President ceases to be a member of the Cobar Water Board if he or she ceases to be a member of the Public Service. Item [3] of the proposed amendments repeals that clause as a consequence of the amendment specified above removing the requirement that the President of the Board be a public servant.
Schedule 2 Amendments by way of statute law revision
(Section 3)
Clause 64A
Renumber clause 64A (as inserted by Albury Local Environmental Plan 2000 (Amendment No 7)) as clause 64B.
Explanatory note
The proposed amendment corrects duplicate clause numbering.
[1] Sections 45, note and 237 (1) and (2)
Omit “authorised justice” wherever occurring.Insert instead “authorised officer”.
[2] Section 260 (1)
Omit “the justice”. Insert instead “the officer”.
Explanatory note
The proposed amendments update references to an office.
[1] Section 3 (1), definition of “Residential Tribunal”
Omit the definition. Insert instead in alphabetical order:Tribunal means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001.
[2] Sections 22 (3) (d), 40 (1) and (5), definition of “certified” and Schedules 7, clause 4 (b) and 10, clause 3 (b)
Omit “Residential Tribunal” wherever occurring.Insert instead “Tribunal”.
Explanatory note
The proposed amendments update references to a tribunal.
Section 30
Omit “as on open court”. Insert instead “as in open court”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 8
Insert instead “Property, Stock and Business Agents Act 2002”.
Explanatory note
The proposed amendment updates a cross-reference.
Section 9
Renumber section 9 (5) as section 9 (4).
Explanatory note
The proposed amendment corrects numbering.
[1] Section 36 (4)
Insert “has” after “party”.
[2] Section 52 (2) (b)
Insert “or” at the end of the paragraph.
Explanatory note
Item [1] of the proposed amendments inserts a missing word.
Item [2] of the proposed amendments inserts a missing conjunction.
Part 6, note
Renumber paragraph (b) where secondly occurring as paragraph (c).
Explanatory note
The proposed amendment corrects duplicate numbering in a note.
Section 562H (16), definition of “authorised justice”
Omit paragraph (c). Insert instead:(c) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of the Law Enforcement (Powers and Responsibilities) Act 2002 either personally or as the holder of a specified office.
Explanatory note
The proposed amendment updates the description of an office.
[1] Section 5
Omit “authorised justice” wherever occurring.Insert instead “authorised officer”.
[2] Section 36A (3) (c)
Omit “authorised justice’s name”.Insert instead “authorised officer’s name”.
Explanatory note
The proposed amendments update references to an office.
Schedule 3, Part 2
Omit “676896)]” from the matter relating to item 131 under the heading “Street address”.Insert instead “676896]”.
Explanatory note
The proposed amendment removes unnecessary punctuation.
[1] Schedule 1, Part A
Omit “Manildra Floor Mills”. Insert instead “Manildra Flour Mills”.
[2] Schedule 1, Part A
Omit “Onesteel Rod, Bar & Wire”.Insert instead “OneSteel Rod, Bar & Wire”.
[3] Schedule 1, Part B
Omit “Casino Abbotoir”. Insert instead “Casino Abattoir”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Section 46 (2) and (3)
Omit “authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002” wherever occurring.Insert instead “issuing officer”.
[2] Section 46 (5)
Insert after section 46 (4):(5) In this section:issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
The proposed amendments clarify references to an office holder.
Schedule 1
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Part 2, Division 4C, heading
Omit “Acquisition of fishing businesses”.Insert instead “Fishing businesses”.
Explanatory note
The proposed amendment updates a heading.
Clause 18 (a)
Omit “Resrve”. Insert instead “Reserve”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 12 (5), definition of “premises”
Omit “Search Warrants Act 1985”.Insert instead “Law Enforcement (Powers and Responsibilities) Act 2002”.
Explanatory note
The proposed amendment updates a cross-reference.
[1] Clause 24 (2) (d)
Omit “accessability”. Insert instead “accessibility”.
[2] Schedule 3
Omit “Waterways Authority” from Column 2 of the matter relating to Navigational aids.Insert instead “Maritime Authority of NSW”.
[3] Dictionary, definitions of “mooring” and “navigation aid”
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority of NSW”.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Items [2] and [3] of the proposed amendments update references to a renamed body.
Schedule 4
Omit “Waterways Authority”.Insert instead in alphabetical order “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
[1] Clause 8, Development Control Table
Omit “with” wherever occurring in item 1 (d) and (e) of the matter relating to Zone No 7 (a1) (Environmental Protection Zone).Insert instead “will”.
[2] Clause 32, Table
Omit “satsified” from item 2 (6). Insert instead “satisfied”.
Explanatory note
The proposed amendments correct typographical errors.
Schedule 1, clause 11 (1) (k)
Omit “use”. Insert instead “disclosure”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Section 61A (1) (a)
Omit “in”. Insert instead “on”.
[2] Section 90 (1), definition of “insurance industry deed”
Omit “section 103A (7)”. Insert instead “section 103A (5)”.
[3] Section 103A (3)–(5)
Renumber section 103A (5), (6) and (7) as section 103A (3), (4) and (5), respectively.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments is consequential on the amendment proposed to be made by item [3].
Item [3] of the proposed amendments renumbers provisions.
Clause 11AA (5) (b) (iii)
Omit “the the”. Insert instead “the”.
Explanatory note
The proposed amendment omits a duplicated word.
Dictionary, definition of “area of operations”
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Section 35 (1) (a)
Insert “Chapters,” before “Parts”.
Explanatory note
The proposed amendment clarifies the status of Chapter headings.
[1] Clause 15, Land use table
Omit “Waterways Authority” wherever occurring in item 2 of the matter under the heading Zone 11 Lakes and Waterways Zone.Insert instead “Maritime Authority of NSW”.
[2] Dictionary, definition of “commercial mooring”
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendments update references to a renamed body.
Section 66
Omit the section.
Explanatory note
The proposed amendment omits a spent amendment.
[1] Schedule 4.11 [3]
Omit “(5)” wherever occurring. Insert instead “(7)”.
[2] Schedule 4.46 [3]
Omit the item.
[3] Schedule 4.47 [2]
Omit “(3)”. Insert instead “(4)”.
Explanatory note
Items [1] and [3] of the proposed amendments correct incorporation directions.
Item [2] of the proposed amendments omits an unnecessary amendment.
Section 600 (9), definition of “public body”
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Clause 180, definition of “gift”
Omit “dispostion”. Insert instead “disposition”.
Explanatory note
The proposed amendment corrects a typographical error.
Dictionary, definition of “allotment”
Omit “occupany” from paragraph (b) (iii). Insert instead “occupancy”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 7 (1), definition of “maintenance dredging”
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
[1] Section 4 (1), definition of “Waterways Authority”
Omit the definition. Insert instead in alphabetical order:Maritime Authority means the Maritime Authority of NSW constituted under Part 4 of the Ports Corporatisation and Waterways Management Act 1995.
[2] Sections 85 (6) (b), 96 (1), 111 (2) (h), 127, note and 133 (2) (h) and (i)
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority”.
Explanatory note
The proposed amendments update references to a renamed body.
Section 11 (2)
Omit “Waterways Authority of New South Wales”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Section 156 (1)
Omit “constituted by a Magistrate sitting alone”.
Explanatory note
The proposed amendment updates a reference to the constitution of a court.
Schedule 1
Omit “northest” from the matter relating to item 356.Insert instead “northeast”.
Explanatory note
The proposed amendment corrects a typographical error.
Dictionary, definition of “MSB”
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
[1] Section 164 (5)
Omit “to an authorised officer”. Insert instead “to an issuing officer”.
[2] Section 164 (6)
Omit “An authorised officer”. Insert instead “An issuing officer”.
[3] Section 164 (9), definition of “authorised officer”
Omit the definition. Insert instead:issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
The proposed amendments clarify references to an office.
Schedule 1, Part 2 (Reptiles)
Omit the matter relating to “Chameleo calyptratus” from Columns 1, 2 and 3 under the heading “ORDER SQUAMATA” and the subheadings “[SUB-ORDER LACERTILIA: lizards]” and “Family Chamaeleonidae”.Insert instead in appropriate order:
Explanatory note
The proposed amendment corrects a typographical error.
[1] Section 18A (1)
Omit “, 64 (5) or 71 (3)”. Insert instead “or 64 (5)”.
[2] Section 57 (3)
Omit “sections 166 (Certain information to be confidential) and 169 (Ombudsman or officer as witness)”.Insert instead “sections 163 (Ombudsman not to publish certain information) and 165 (Ombudsman and officers of Ombudsman not competent or compellable witnesses in respect of certain matters)”.
[3] Section 57 (4)
Omit “section 169”. Insert instead “section 165”.
[4] Section 62 (2)
Omit “section 172A”. Insert instead “section 170”.
[5] Section 71 (3)
Omit “Section 141 (6)”. Insert instead “Section 140 (4)”.
Explanatory note
Item [1] of the proposed amendments omits a redundant cross-reference.
Items [2]–[5] of the proposed amendments update cross-references.
Schedule 2
Omit “Waterways Authority”.Insert instead in alphabetical order “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Section 136B (3)
Omit “or under the authority of a search warrant under this Division”.
Explanatory note
The proposed amendment omits redundant words.
[1] Schedule 1, Part 1
Omit “ACKNOWLEDMENT”.Insert instead “ACKNOWLEDGMENT”.
[2] Schedules 3 and 4A
Omit “or” from item 13.8A wherever lastly occurring.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments omits a redundant word.
Schedule 1
Omit the Schedule.
Explanatory note
The proposed amendment omits a redundant Schedule.
Section 22A, definition of “Constructing Authority”
Omit “Waterways Authority” from paragraph (a).Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Sections 25 and 26
Omit “Search Warrants Act 1985” wherever occurring in the notes to the sections.Insert instead “Law Enforcement (Powers and Responsibilities) Act 2002”.
Explanatory note
The proposed amendment updates a cross-reference.
[1] Section 23 (2)
Omit “authorised justice”. Insert instead “authorised officer”.
[2] Sections 31 (1) (a), 33 (1), 37A, 37B (3), 37D (2) (b) and (c), (4) and (5), 37F (2), 37G (4), 37H (2) and 37K (1) and (5)
Omit “Police Service Act 1990” wherever occurring.Insert instead “Police Act 1990”.
[3] Section 31 (3)
Omit “sections 166 (Certain information to be confidential) and 169 (Ombudsman or officer as witness) of the Police Service Act 1990”.Insert instead “sections 163 (Ombudsman not to publish certain information) and 165 (Ombudsman and officers of Ombudsman not competent or compellable witnesses in respect of certain matters) of the Police Act 1990”.
[4] Section 31 (4)
Omit “section 169 of the Police Service Act 1990”.Insert instead “section 165 of the Police Act 1990”.
[5] Section 33 (2)
Omit “section 172A (Certain documents privileged) of the Police Service Act 1990”.Insert instead “section 170 (Certain documents privileged) of the Police Act 1990”.
[6] Section 37E (3)
Omit “Section 141 (6) of the Police Service Act 1990”.Insert instead “Section 140 (4) of the Police Act 1990”.
Explanatory note
Item [1] of the proposed amendments clarifies a reference to an office.
Items [2]–[6] of the proposed amendments update cross-references.
Clause 8, Table
Omit “preceeding” from item 1 (e) of the matter relating to Zone No 1 (e).Insert instead “preceding”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 29 (1) (a)
Omit “section 24 (3)”. Insert instead “section 24 (3))”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 1 [1]
Omit “section 4 (c)”. Insert instead “section 4 (1) (c)”.
Explanatory note
The proposed amendment corrects an incorporation direction.
Clause 37 (3)
Omit “NSW Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Schedule 1, Part 1
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Schedule 1, Part 1
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Section 53 (3) (b)
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Clause 12 (1) (b)
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
[1] Schedule 1
Omit:Part 5 Residential, commercial or retail projectsInsert instead:Group 5 Residential, commercial or retail projects
[2] Schedule 5
Omit the note at the end of the Schedule.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments removes a redundant note.
Clause 3 (2)
Insert at the end of clause 3:(2) Notes included in this Policy do not form part of this Policy.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 3, clause 5 (3)
Omit “designated”. Insert instead “appointed”.
Explanatory note
The proposed amendment updates terminology.
[1] Section 5 (1), definition of “Residential Tribunal”
Omit the definition. Insert instead in alphabetical order:Tribunal means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001.
[2] Schedule 1C, clause 2 (1) (d) and (6)
Omit “Residential Tribunal” wherever occurring. Insert instead “Tribunal”.
Explanatory note
The proposed amendments update references to a tribunal.
[1] Section 4 (1), definition of “Residential Tribunal”
Omit the definition. Insert instead in alphabetical order:Tribunal means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001.
[2] Section 196 (1) (g) and Schedule 2A, clause 2 (1) (d) and (6)
Omit “Residential Tribunal” wherever occurring.Insert instead “Tribunal”.
Explanatory note
The proposed amendments update references to a tribunal.
[1] Section 27F (7)
Omit “authorised justice”.Insert instead “authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002)”.
[2] Part 5A, heading
Insert “Part 5A Hunting” before section 28J.
[3] Section 29A (1) and (3)
Omit “10C, 11C” wherever occurring. Insert instead “10C or 11C”.
Explanatory note
Items [1] and [3] of the proposed amendments clarify cross-references.
Item [2] of the proposed amendments inserts a Part heading that was inadvertently omitted when section 28J was inserted into the Summary Offences Act 1988 by the Pastoral and Agricultural Crimes Legislation Amendment Act 2002.
Clause 70, Development control table
Omit “Waterways Authority” wherever occurring in item 2 of the matter relating to Zone 7 (a).Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates references to a renamed body.
Section 18 (5), definition of “public authority”
Omit “Waterways Authority” from paragraph (b).Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
[1] Clause 65 (2)
Omit “Table”. Insert instead “formula”.
[2] Clause 122
Omit “for no other purpose”.
[3] Schedule 2
Insert above each diagram in the Sun access planes table, respectively, the following headings:Diagram A Belmore ParkDiagram B Hyde Park NorthDiagram C Hyde Park WestDiagram D Macquarie PlaceDiagram E Martin PlaceDiagram F Pitt Street MallDiagram G The DomainDiagram H Royal Botanic GardensDiagram I Wynyard Park
[4] Schedule 8, Part 1
Omit “5101*” from column 2 of the matter relating to item number 372.Insert instead “5101”.
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Items [2] and [4] of the proposed amendments correct typographical errors.
Item [3] of the proposed amendments inserts headings to diagrams.
Clause 52
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Clause 69 (6) (i)
Omit “Waterways Authority”.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Clauses 28 (3) (a), 36 (6) and 62 (4)
Omit “Waterways Authority” wherever occurring.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates references to a renamed body.
[1] Sections 25 (b), 36 (2) and (3) and 36A (1) and Third Schedule, First Part
Omit “Perpetual Trustees Australia Limited” wherever occurringInsert instead “Perpetual Limited”.
[2] Section 36A (1)
Omit “Guardian Trust Australia Limited”.Insert instead “J.P. Morgan Trust Australia Limited”.
[3] Second Schedule
Omit “Perpetual Trustees Australia Limited”.Insert instead “Perpetual Limited”.
Explanatory note
The proposed amendments are consequential on the change of names of companies.
[1] Clause 7 (2) (a)
Omit “Perpetual Trustees Australia Limited”.Insert instead “Perpetual Limited”.
[2] Clause 7 (2) (e)
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.
Schedule 2
Omit “Waterways Authority” from column 2 of the matter relating to MAINTENANCE DREDGING.Insert instead “Maritime Authority of NSW”.
Explanatory note
The proposed amendment updates a reference to a renamed body.
Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 21, first note at end of clause
Omit “tem”. Insert instead “term”.
[2] Appendix 3
Omit “hange in low flows to moderate flows.”.Insert instead “Change in low flows to moderate flows.”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Schedule 5
Omit “Fart North Coast” from the matter relating to Target 14.Insert instead “Far North Coast”.
[2] Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Clause 8 (1)
Omit “hereafer”. Insert instead “hereafter”.
[2] Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendments correct typographical errors.
[1] Schedule 1, definition of “flow classes”
Omit “classs” from paragraph (a). Insert instead “class”.
[2] Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendments correct typographical errors.
Clause 22, note (before subclause (1))
Omit “flouride”. Insert instead “fluoride”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 49 (3)
Omit “Notwitstanding”. Insert instead “Notwithstanding”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 15 (22) (b)
Omit “sublclauses”. Insert instead “subclauses”.
[2] Clause 20 (2) (c)
Omit “identitified”. Insert instead “identified”.
Explanatory note
The proposed amendments correct typographical errors.
Clause 57 (5)
Omit “likelyhood”. Insert instead “likelihood”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 21 (2) (a) (iii)
Omit “6up”. Insert instead “up”.
[2] Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendments correct typographical errors.
Schedule 4
Omit “percenttile” from column 3 of the matter relating to Target 4b.Insert instead “percentile”.
Explanatory note
The proposed amendment corrects a typographical error.
2.82 Water Sharing Plan for the Rocky Creek, Cobbadah, Upper Horton and Lower Horton Water Source 2003
Schedule 4
Omit “MLday” from column 3 of the matter relating to Target 12.Insert instead “ML/day”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 52 (h) (ii)
Omit “aspecified”. Insert instead “specified”.
Explanatory note
The proposed amendment corrects a typographical error.
Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 49 (1) (c)
Omit “proveded”. Insert instead “provided”.
[2] Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendments correct typographical errors.
Appendix 3
Omit “hange in low flows.”. Insert instead “Change in low flows.”.
Explanatory note
The proposed amendment corrects a typographical error.
Clause 17 (a) (ii)
Omit “loacted”. Insert instead “located”.
Explanatory note
The proposed amendment corrects a typographical error.
[1] Clause 8 (1)
Omit “hereafer”. Insert instead “hereafter”.
[2] Clause 22 (3) (a) (iii)
Omit “excercising”. Insert instead “exercising”.
[3] Clause 70 (o)
Omit “contaminatd”. Insert instead “contaminated”.
Explanatory note
The proposed amendments correct typographical errors.
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 this Schedule replace references in various Acts to a legal practitioner, solicitor, barrister, lawyer, counsel, attorney or proctor 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 meanings of Australian legal practitioner and Australian lawyer are contained in the Interpretation Act 1987 for ease of reference in other Acts.
[1] Section 36 Representation of parties
Omit “a legal practitioner” wherever occurring in section 36 (3)–(5).Insert instead “an Australian legal practitioner”.
[2] Section 44 Protection of Australian legal practitioners, witnesses and others
Omit “A practising legal practitioner” from section 44 (1).Insert instead “An Australian legal practitioner”.
[3] Section 44 (3)
Insert after section 44 (2):(3) In this section, barrister has the same meaning as in the Legal Profession Act 2004.
[4] Section 53 Costs
Omit “Division 6 of Part 11 of the Legal Profession Act 1987” from section 53 (3) (b).Insert instead “Division 11 of Part 3.2 of the Legal Profession Act 2004”.
[1] Sections 62 (2), 65 (6) and 121 (1), clause 13 (1) of Schedule 1, clause 6 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 108 Membership of the Board
Omit “legal practitioner” from section 108 (2) (f).Insert instead “Australian lawyer”.
[3] Section 121 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 121 (1).Insert instead “Australian lawyers”.
[4] Section 133 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Section 6 Constitution of Dental Technicians Registration Board
Omit “a barrister-at-law admitted by, or a solicitor of, the Supreme Court,” from section 6 (1) (g).Insert instead “an Australian lawyer”.
[2] Section 20 Inquiry by board or delegate
Omit “solicitor or counsel” from section 20 (3).Insert instead “Australian legal practitioner”.
[1] Section 51 Consent jurisdiction
Omit “solicitor” from section 51 (7).Insert instead “Australian legal practitioner”.
[2] Section 129 Agreement not to appeal
Omit “solicitors”. Insert instead “Australian legal practitioner”.
[3] Section 138 Rules
Omit “Part 11 of the Legal Profession Act 1987” from section 138 (2).Insert instead “Part 3.2 of the Legal Profession Act 2004”.
[4] Section 142 Rules
Omit “Part 11 of the Legal Profession Act 1987” from section 142 (2).Insert instead “Part 3.2 of the Legal Profession Act 2004”.
[5] Section 142F Rules in relation to hearing etc of proceedings in the Court in its special civil jurisdiction
Omit “Part 11 of the Legal Profession Act 1987” from section 142F (2).Insert instead “Part 3.2 of the Legal Profession Act 2004”.
[6] Section 196 Privilege
Omit “barrister, solicitor” wherever occurring.Insert instead “Australian legal practitioner”.
[1] Section 19 Right of appearance and representation before the Tribunal
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian legal practitioner”.
[2] Section 25A Material already obtained
Omit “solicitors” from section 25A (1) (b) (i).Insert instead “Australian legal practitioner”.
[1] Section 4 Definitions
Omit “a barrister or solicitor” wherever occurring in the definitions of applicant and respondent in section 4 (1).Insert instead “an Australian legal practitioner”.
[2] Section 23 Employment of Magistrates in other offices etc
Omit “a barrister or solicitor” from section 23 (3).Insert instead “an Australian legal practitioner”.
[3] Section 50 Right of representation
Omit “a barrister or solicitor” from section 50 (1).Insert instead “an Australian legal practitioner”.
[4] Section 51 Conduct of case
Omit “barrister or solicitor” wherever occurring.Insert instead “Australian legal practitioner”.
[5] Section 58 Arrest of respondent during proceedings
Omit “a barrister or solicitor” from section 58 (1).Insert instead “an Australian legal practitioner”.
[6] Section 62 Costs
Omit “Division 6 of Part 11 of the Legal Profession Act 1987” from section 62 (2).Insert instead “Division 11 of Part 3.2 of the Legal Profession Act 2004”.
[7] Section 63 Rules
Omit “Part 11 of the Legal Profession Act 1987” from section 63 (3).Insert instead “Part 3.2 of the Legal Profession Act 2004”.
[1] Sections 9 (2) (j) and 60 (1A) (b) and clause 5 (1) of Schedule 1B
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 53 and clause 9 (2) of Schedule 2
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian lawyer”.
[3] Section 53 (1)
Omit “the barrister or solicitor”. Insert instead “the Australian lawyer”.
[4] Section 62 Representation before the Tribunal
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Sections 48 (2), 51 (6) and 104 (1), clause 13 (1) of Schedule 1, clause 5 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 91 Membership of the Board
Omit “legal practitioner” from section 91 (2) (f).Insert instead “Australian lawyer”.
[3] Section 104 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 104 (1).Insert instead “Australian lawyers”.
[4] Section 116 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Sections 44 (2), 47 (6) and 100 (1), clause 13 (1) of Schedule 1 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 87 Membership of the Board
Omit “legal practitioner” from section 87 (2) (f).Insert instead “Australian lawyer”.
[3] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 100 (1).Insert instead “Australian lawyers”.
[4] Section 112 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
Sections 6 (2) (b) (ii), 19C (3) (a) and 19H (1) and (2), clause 5 (2) (a) of Schedule 1 and clause 9 (b) of Schedule 2
Omit “a barrister or solicitor” wherever occurring.Insert instead “an Australian lawyer”.
[1] Sections 45 (2), 48 (6) and 101 (1), clause 13 (1) of Schedule 1, clause 7 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 88 Membership of the Board
Omit “legal practitioner” from section 88 (2) (f).Insert instead “Australian lawyer”.
[3] Section 101 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 101 (1).Insert instead “Australian lawyers”.
[4] Section 113 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Sections 44 (2), 47 (6) and 100 (1), clause 13 (1) of Schedule 1, clause 5 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 87 Membership of the Board
Omit “legal practitioner” from section 87 (2) (f).Insert instead “Australian lawyer”.
[3] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 100 (1).Insert instead “Australian lawyers”.
[4] Section 112 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Sections 44 (2), 47 (6), 87 (2) (f) and 100 (1), clause 13 (1) of Schedule 1, clause 5 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
[2] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit “legal practitioners” from section 100 (1).Insert instead “Australian lawyers”.
[3] Section 112 Representation before the Tribunal
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
Section 38 Misuse of information
Omit “solicitor” from section 38 (6) (e).Insert instead “Australian legal practitioner”.
Section 71 Misuse of information
Omit “solicitor” from section 71 (6) (d).Insert instead “Australian legal practitioner”.
Section 82 Permitted disclosures—to particular persons
Omit “or a trust account inspector, or investigator, appointed under section 55 of the Legal Profession Act 1987” from section 82 (k) (viii).Insert instead “, an investigator appointed under section 267 of the Legal Profession Act 2004 or an external examiner appointed under Division 4 of Part 3.1 of that Act”.
Section 80 Inquiries by TTA
Omit “a lawyer” from section 80 (4) (b).Insert instead “an Australian legal practitioner”.
Section 11D Provisions relating to formal sittings
Omit “a legal practitioner” wherever occurring in section 11D (4).Insert instead “an Australian lawyer”.
[1] Section 53 Employment of agents
Omit “a solicitor” from section 53 (1).Insert instead “an Australian legal practitioner,”.
[2] Section 53 (4)
Omit “solicitor”. Insert instead “Australian legal practitioner”.
[3] Sections 63 (3) and 88
Omit “counsel or solicitor” wherever occurring.Insert instead “Australian legal practitioner”.
[1] Section 78 Certificate in lieu of valuation of land
Omit “solicitor”. Insert instead “Australian legal practitioner”.
[2] Section 79 Right to appear
Omit “counsel, or solicitor,”. Insert instead “Australian legal practitioner”.
[3] Section 79
Omit “counsel, solicitor,”. Insert instead “Australian legal practitioner”.
Section 35 (4) and clause 12 (3) of Schedule 2
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
[1] Section 86 Executors etc may be allowed commission
Omit “solicitor’s” from section 86 (3).Insert instead “Australian legal practitioner’s”.
[2] Section 106 Registrar not bound to grant probate in certain cases
Omit “attorney, solicitor, or proctor”.Insert instead “attorney or Australian legal practitioner”.
[3] Section 151 Oaths
Omit “solicitors of the Court”.Insert instead “Australian legal practitioners”.
Section 31E Court may grant leave to disclose relevant information
Omit “a legal practitioner” from section 31E (2) (d).Insert instead “an Australian legal practitioner”.
Section 369 Qualifications for appointment
Omit “a legal practitioner” wherever occurring in section 369 (2) (b), (3) (a) and (4).Insert instead “an Australian lawyer”.
Section 29 Duration and conditions of covert surveillance authority
Omit “his or her lawyers” wherever occurring in section 29 (2) (d).Insert instead “his or her Australian legal practitioner”.
Sections 10 (d), 22 (2) (d), 39 (2) (d), 47 (1) (f) and 50
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian legal practitioner”.
Schedule 4 Repeals
(Section 4)
Name of Act | Extent of repeal |
Section 39 and Schedule 122 | |
Whole Act1 | |
Section 28 and Schedule 32 | |
Section 22 and Schedule 12 | |
Section 4, Schedule 1 [2], [3] and [9]–[19] and Schedule 22 | |
Section 4, Schedule 1 and Schedule 2.1–2.5, 2.6 [2]–[5], 2.7, 2.8, 2.11, 2.12, 2.15, 2.16, 2.18, 2.20, 2.21, 2.23, 2.25 and 2.272 | |
Whole Act1 | |
Section 4, Schedule 1 [1]–[26] and [29]–[34] and Schedule 22 | |
Section 41 and Schedule 32 | |
Whole Act1 | |
Sections 4–6, Schedule 1 [5], [7], [9]–[15], [17]–[19], [24], [31]–[33], [35], [36], [73]–[76], [79]–[83], [85]–[96], [104] and [106]–[108] and Schedules 2–42 | |
Whole Act1 | |
Schedule 1 [1]–[7], [10]–[16] and [19]–[75] and Schedule 2.1, 2.2 and 2.4–2.72 | |
Whole Act1 | |
Whole Act1 | |
Schedules 1, 2 and 4–72 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Section 48 and Schedules 5 and 62 | |
Part 5, section 21 and Schedules 1 and 22 | |
Section 108 and Schedule 52 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Sections 3 and 6 and Schedules 1, 2 and 42 | |
Section 24 and Schedule 12 | |
Whole Act1 | |
Section 41 and Schedule 22 | |
Whole Act1 | |
Whole Act1 | |
Section 4 and Schedules 1–4, 5 [1], [2] and [4], 6–8, 9.1–9.3 and 9.5–9.92 | |
Whole Act1 | |
Whole Act1 | |
Section 54 and Schedule 42 | |
Section 44 and Schedule 22 | |
Whole Act1 | |
Sections 735 and 736 and Schedules 1 and 62 | |
Section 4, Schedule 1 [1]–[4] and [6] and Schedule 22 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Sections 4 and 5, Schedule 1 [1]–[19] and [21]–[87] and Schedules 2 and 32 | |
Schedule 1 [2]–[5], [16], [18], [19], [21]–[25], [28], [29], [31]–[33], [35], [36], [42] and [43]2 | |
Whole Act1 | |
Whole Act1 | |
Section 53 and Schedule 22 | |
Whole Act1 | |
Section 17 and Schedule 22 | |
Whole Act1 | |
Section 19 and Schedule 32 | |
Whole Act1 | |
Section 72 and Schedule 22 | |
Section 133 and Schedule 62 | |
Whole Act1 | |
Section 3, Schedule 1 and Schedule 2.1 and 2.2 [2]2 | |
Schedule 1 [1]–[9] and [11]–[29]2 | |
Section 3, Schedule 1 and Schedule 2.1 and 2.22 | |
Sections 4–7, Schedule 1 [1]–[6] and [12]–[14] and Schedules 2–52 | |
Whole Act1 | |
Section 50 and Schedule 32 | |
Whole Act1 | |
Schedule 1 [1], [3]–[5] and [9]2 | |
Whole Act1 | |
Whole Act1 | |
Section 247 and Schedule 32 | |
Whole Act1 | |
Section 38 and Schedule 52 | |
Whole Act1 | |
Section 11 and Schedule 22 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Schedules 1–4, Schedule 5 [3] and [5] and Schedules 6–82 | |
Section 38 and Schedule 32 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Schedule 1, Schedule 2.1–2.18 and 2.20–2.127 and Schedule 32 | |
Schedule 1 [1]–[20] and [22]–[43] and Schedule 2.1 and 2.32 | |
Whole Act1 | |
Sections 86 (1) and 87, Part 1 of Schedule 6 and Schedule 72 | |
Whole Act1 | |
Sections 3–5 and Schedules 1–42 | |
Whole Act1 | |
Whole Act1 | |
Schedule 1, Schedule 2 [1], [15], [16], [18], [27]–[31], [33]–[40], [42], [43], [45], [46] and [50] and Schedule 32 | |
Schedule 1, Schedule 2 [1]–[31], [33]–[57] and [59]–[61] and Schedules 3 and 42 | |
Section 46 and Schedule 12 | |
Whole Act1 | |
Schedule 1, Schedule 2 [1], [2] and [28]–[73] and Schedule 3.1–3.3 and 3.4 [2], [3] and [6]–[15]2 | |
Whole Act1 | |
Section 6, Schedules 2.1, 2.2 [1]–[6], 3.2 [1] and 42 |
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 those provisions of an Act that contain only amendments, or amendments and repeals, that have commenced or 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 Effect of amendment on order
The amendment by this Act of an order made under the Energy and Utilities Administration Act 1987 does not prevent its later amendment or repeal by another such order or other instrument.Explanatory noteThis clause ensures that the amendment of the Energy Savings Order 2005 by Schedule 2 does not prevent its amendment or repeal by another order or other instrument.
8 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.