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 2007.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.(2) The amendments made by Schedules 1–4 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 1–4 are amended as set out in those Schedules.
4 Repeals
Each Act specified in Schedule 5 is, to the extent indicated in that Schedule, repealed.
5 General savings, transitional and other provisions
Schedule 6 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(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section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 118 Advisory committees
Omit “time time” from section 118 (1). Insert instead “time to time”.
[2] Section 120 Membership of New South Wales Aboriginal Land Council
Omit “(other than the Chairperson of the Council)” from section 120 (2).
[3] Section 217 Contents of investigator’s instrument of appointment
Insert at the end of section 217:(2) The instrument may also contain provision for the payment to the investigator of remuneration in addition to the remuneration specified in the instrument. For example, the instrument could provide for the New South Wales Aboriginal Land Council to approve the payment of additional remuneration that it is satisfied is reasonable.
[4] Section 224 Contents of administrator’s instrument of appointment
Insert at the end of section 224:(2) The instrument may also contain provision for the payment to the administrator of remuneration in addition to the remuneration specified in the instrument. For example, the instrument could provide for the New South Wales Aboriginal Land Council to approve the payment of additional remuneration that it is satisfied is reasonable.
[5] Schedule 4 Savings, transitional and other provisions
Insert after Part 7 of Schedule 4:49 Remuneration of investigators and administrators(1) Each instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause is taken to include (and always to have included) provision to the effect that the New South Wales Aboriginal Land Council may approve the payment of additional remuneration to the investigator or administrator that the Council is satisfied is reasonable.(2) An amount paid before the commencement of this clause as remuneration to an investigator or administrator appointed under Part 11, being an amount paid with the approval of the New South Wales Aboriginal Land Council in addition to the remuneration specified in the investigator’s or administrator’s instrument of appointment, is taken to be and always to have been validly paid as remuneration of the investigator or administrator.(3) Sections 217 (2) and 224 (2) extend to an instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause, with the result that a provision included in such an instrument that would have been valid had sections 217 (2) and 224 (2) been in force when the instrument was executed is taken to be and always to have been valid.
Explanatory note
Item [1] of the proposed amendments to the Aboriginal Land Rights Act 1983 (the Act) inserts a missing word.
Item [2] of the proposed amendments clarifies that the Chairperson of the New South Wales Aboriginal Land Council is to be full-time. Before section 120 of the Act was inserted by Schedule 1 [47] to the Aboriginal Land Rights Amendment Act 2006, the councillors of the New South Wales Aboriginal Land Council, including the Chairperson, were all full-time. The new section 120 (2) provided that the councillors were to be full-time but, inadvertently, did not make it clear that the Chairperson (who is to be elected from among those councillors) is also to be full-time.
Items [3] and [4] of the proposed amendments amend provisions of the Act that deal with the appointment of investigators and administrators of Aboriginal Land Councils to provide that the instrument of appointment of an investigator or administrator may include provision for the payment to the investigator or administrator of remuneration in addition to that specified in the instrument (for example, provision for the NSW Aboriginal Land Council to approve the payment of additional remuneration that the Council is satisfied is reasonable).
Item [5] of the proposed amendments enacts transitional provisions that extend the amendments to instruments of appointment executed before the commencement of the amendments (existing instruments), validates payments of additional remuneration made with the approval of the NSW Aboriginal Land Council and deems existing instruments to include a provision enabling the NSW Aboriginal Land Council to approve additional remuneration that the Council is satisfied is reasonable.
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
Omit proposed section 63 (6) from Schedule 1 [41]. Insert instead:(6) The Registrar is to be the returning officer for an election.
Explanatory note
The proposed amendment to the Aboriginal Land Rights Amendment Act 2006 makes the Registrar appointed under the Aboriginal Land Rights Act 1983 the returning officer for elections of Board members of Local Aboriginal Land Councils instead of the Electoral Commissioner for New South Wales.
Sections 7 (2) (c) and 8 (3) (c)
Omit “Rural Lands Protection Board Association” wherever occurring.Insert instead “State Council of Rural Lands Protection Boards”.
Explanatory note
The proposed amendment to the Agricultural Livestock (Disease Control Funding) Act 1998 replaces references in the Act to the defunct Rural Lands Protection Board Association with references to the State Council of Rural Lands Protection Boards.
[1] Schedule 1, clauses 2, 3 (4)–(6) and 6 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Schedule 1, clauses 2 and 3 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
Explanatory note
The proposed amendments to the Commission for Children and Young People Act 1998 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
[1] Schedule 1 Plans
Insert after clause 2 (1):(1A) The plan must be lodged with a separate document in the approved form that relates to the plan. The documents required to be lodged with a plan under subclause (2) are to be included with the separate document.
[2] Schedule 1, clause 2 (5)
Omit “A plan”.Insert instead “The separate document required to be lodged under subclause (1A) with a plan”.
[3] Schedule 1, clause 2 (6A)
Omit the subclause.
Explanatory note
The proposed amendments to the Community Land Development Act 1989 (the Act) provide for a separate document in the approved form to be lodged with certain plans that are required to be registered and lodged with the Registrar-General under the Act. The amendments will enable all signatures and consents required for lodging those plans to be endorsed on, or included with, that separate document.
[1] Section 3 Definitions
Omit “Minister” from the definition of approved form in section 3 (1).Insert instead “Director-General”.
[2] Section 3 (1), definition of “Director-General”
Omit the definition. Insert instead:Director-General means:(a) the Commissioner for Fair Trading, Department of Commerce, or(b) if there is no such position in that Department, the Director-General of that Department.
[3] Section 39 Insurance against damage or destruction
Omit section 39 (1A). Insert instead:(1A) Any such building or structure is to be insured for not less than:(a) the amount determined in accordance with the regulations, or(b) if the regulations make no provision for determining the amount, the value of the building or structure indicated by the last valuation obtained for the building or structure in accordance with this Division.
[4] Section 66 Mediation of disputes relating to community schemes
Insert after section 66 (1):(1A) The application must be accompanied by the fee prescribed by the regulations.
[5] Section 122 Regulations
Insert after section 122 (1):(1A) In particular, the regulations may make provision for or with respect to fees payable under the Act, including the waiver or refund of the whole or any part of a fee.
Explanatory note
Item [1] of the proposed amendments to the Community Land Management Act 1989 (the Act) requires forms under the Act to be approved by the Commissioner for Fair Trading, Department of Commerce rather than the Minister for Fair Trading.
Item [2] of the proposed amendments provides (in line with other consumer affairs legislation) for the Commissioner for Fair Trading, Department of Commerce to exercise the functions under the Act previously exercised by the Director-General of the Department of Fair Trading. However, if there is no position of Commissioner for Fair Trading within the Department of Commerce, the Director-General of that Department will exercise those functions.
Section 39 (1A) of the Act currently provides that a building or structure on the property of an association (within the meaning of the Act) is to be insured for at least the value of the building or structure indicated by the last valuation obtained for the building or structure.
Item [3] of the proposed amendments substitutes section 39 (1A) to provide that the value of insurance for the building or structure is to be at least the amount determined in accordance with the regulations or, if the regulations do not provide for the determination of such an amount, at least the value of the building or structure indicated by the last valuation obtained for the building or structure in accordance with Division 3 of Part 2 of the Act.
Item [4] of the proposed amendments provides that an application for the mediation of a dispute relating to a community scheme must be accompanied by the fee that is prescribed by the regulations in respect of the application.
Item [5] of the proposed amendments allows the making of regulations for or with respect to fees under the Act or the waiver or refund of any fee under the Act.
[1] Section 36 Obligations of owner when notified of proposed dangerous dog declaration
Insert “that is attached to the dog and is held by (or secured to) the person” after “leash” in section 36 (1) (a) (i).
[2] Section 36 (3) (a)
Omit the paragraph. Insert instead:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or
[3] Section 36 (3A)
Insert after section 36 (3):(3A) An authorised officer may seize a dog under subsection (3) (a) only during the period when subsection (1) (a) applies in respect of the dog.
[4] Section 36 (4) (a)
Insert “in relation to the dog” after “complied with”.
[5] Section 36 (4) (a1)
Insert after section 36 (4) (a):(a1) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and
[6] Section 38 Authorised officer to notify dog owner of decision and consequences
Insert “if the dog attacks or bites a person or animal without provocation or” after “seized and destroyed” in section 38 (2) (c).
[7] Section 58B Obligations of owner when notified of proposed restricted dog declaration
Omit section 58B (1). Insert instead:(1) If a notice is given under section 58A to the owner of a dog of an authorised officer’s intention to declare the dog to be a restricted dog, the owner must:(a) ensure that at all times when the dog is away from the property where it is ordinarily kept:(i) it is under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and is held by (or secured to) the person, and(ii) it has a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, and(b) register the dog (if it is not already registered) within 7 days after receiving the notice.Note—Registration of a dog requires the dog to be microchipped.Maximum penalty: 50 penalty units.
[8] Section 58B (2)
Omit “subsection (1) (a)”. Insert instead “subsection (1) (a) (i)”.
[9] Section 58B (3)
Omit “This section”. Insert instead “Subsection (1) (a) only”.
[10] Section 58B (4) and (4A)
Omit section 58B (4). Insert instead:(4) An authorised officer may seize a dog that is the subject of a proposed declaration if:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or(b) the dog has not been registered as required by subsection (1) (b).(4A) An authorised officer may seize a dog under subsection (4) (a) only during the period when subsection (1) (a) applies in respect of the dog.
[11] Section 58B (5) (a)
Omit the paragraph. Insert instead:(a) a claim for the dog cannot be made under section 64 unless an authorised officer is satisfied that:(i) the requirements of subsection (1) (a) are capable of being complied with in relation to the dog, and(ii) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and(iii) the dog has been registered,
[12] Section 58G Power to seize and destroy dangerous or restricted dog in certain circumstances
Omit section 58G (1). Insert instead:(1) Seizing dangerous or restricted dog that attacks An authorised officer may seize a dangerous or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.(1A) Seizing dangerous dog if certain control requirements not complied with An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog on at least 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement).Note—See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.
[13] Section 58G (2) and (4)
Omit “subsection (1)” wherever occurring. Insert instead “this section”.
[14] Section 58G (3)
Omit “on the ground referred to in subsection (1) (b)”.Insert instead “under subsection (1A)”.
[15] Section 63 Owner of seized or surrendered animal to be notified
Insert after section 63 (1):(1A) When a surrendered animal (other than an animal surrendered by its owner) comes into the possession of a council pound, the person in charge of the pound is to give notice of the possession of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of possession need not be given if those best endeavours fail to establish the name and address of the owner of the animal.
[16] Section 64 Unclaimed seized or surrendered animal may be sold or destroyed
Omit section 64 (1). Insert instead:(1) If a seized animal (including an animal delivered to a council pound under section 63A) or a surrendered animal (other than an animal surrendered by its owner) has not been claimed, the council may sell or destroy the animal:(a) if notice under section 63 (1) or (1A) has been given—after the period of 14 days following the giving of the notice, or(b) if such a notice is not required to be given—after the animal has been held at the council pound for a period of 7 days.
[17] Section 64 (2) and (5)
Insert “or surrendered” after “seized” wherever occurring.
[18] Section 64A
Omit the section. Insert instead:64A Animals surrendered by owners may be sold or destroyed(1) A council may at any time sell or destroy a surrendered animal if the animal was surrendered by its owner to the council pound.(2) Before destroying a surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(3) This section does not authorise a council to sell a dangerous or restricted dog.
Explanatory note
In general, the purpose of the proposed amendments to the Companion Animals Act 1998 (the Act) is to ensure that the provisions of the Act dealing with dangerous dogs and restricted dogs are consistent. Some of the amendments also restate existing provisions of the Act for the purposes of clarification.
At present under section 36 of the Act, if the owner of a dog is notified that a council officer intends to declare the dog to be dangerous, the owner must comply with certain interim control requirements, including ensuring that the dog is kept under effective control by means of a chain, cord or leash whenever it is away from the property where it is ordinarily kept. Item [1] of the proposed amendments makes it clear that the chain, cord or leash must be attached to the dog and held by, or secured to, a competent person who has control of the dog when it is away from its property.
Item [2] of the proposed amendments provides that during the time when the interim control requirements under section 36 of the Act apply in respect of a dog that is the subject of a proposed dangerous dog declaration, a council officer may seize the dog if it is not confined, tethered or restrained in such a way as to prevent it from attacking or chasing a person who is lawfully on the property where the dog is ordinarily kept. The amendment is consistent with the existing provisions of section 58B of the Act for seizing a dog that is subject to a proposed restricted dog declaration. Items [3]–[5] are consequential amendments.
Item [6] of the proposed amendments provides that if a council officer declares a dog to be dangerous, the notice advising the owner of the declaration and its consequences must indicate that the dog may be seized and destroyed under section 58G of the Act if it attacks or bites a person or animal without provocation.
At present under section 58B of the Act, if the owner of a dog is notified that a council officer intends to declare the dog to be a restricted dog, the owner must comply with interim control requirements (such as keeping the dog under effective control and muzzling it when it is away from its property). Item [7] of the proposed amendments requires the owner of the dog to also register the dog under the Act (if it is not already registered) within 7 days after receiving the notice. The same requirement currently applies under section 36 of the Act in relation to a proposed dangerous dog declaration.
Items [8]–[11] of the proposed amendments are consequential on the amendment made by item [7].
At present under section 58G of the Act, a council officer may seize a dangerous dog or a restricted dog if the dog attacks or bites a person or animal without provocation or if certain enclosure and muzzling requirements are not complied with on at least 2 separate occasions over a 12-month period. However, section 57 (4) of the Act also provides for a restricted dog to be seized if any of the control requirements (i.e. not just those relating to enclosures and muzzling) under section 56 of the Act are not complied with in relation to the dog on any occasion. Item [12] of the proposed amendments removes the overlap between sections 58G and 57 (4) of the Act when it comes to seizing restricted dogs for non-compliance with the control requirements. Items [13] and [14] are consequential amendments.
Items [15]–[17] of the proposed amendments provide that the existing procedures for notifying the owners of seized animals, and for selling or destroying seized animals after a certain period, will also apply in relation to animals that come into possession of a council pound otherwise than by being surrendered by their owners. In the case of an animal that is surrendered to a council pound by its owner, item [18] restates the existing provision that enables the council to sell or destroy the animal at any time.
Section 22G President
Omit “Chairman of Committees” from section 22G (7).Insert instead “Chair of Committees”.
Explanatory note
The proposed amendment to the Constitution Act 1902 updates a reference to an office consequent on changes to the Standing Orders of the Legislative Council.
Section 92A
Insert after section 92:92A Penalty notices(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means a person of a class prescribed by the regulations who is authorised in writing by the Director-General as an authorised officer for the purposes of this section.
Explanatory note
The proposed amendment to the Contaminated Land Management Act 1997 inserts a standard provision that allows penalty notices to be issued in respect of prescribed penalty notice offences under the Act.
[1] Section 10 Disqualified persons
Omit “a director or person concerned in the management of” wherever occurring in section 10 (2) (c) and (d) (ii) and (3B) (c).Insert instead “concerned in the management of, or a director of,”.
[2] Section 10 (2) (d) (i)
Omit “who at any time in the last 3 years, was a director or person concerned in the management of”.Insert instead “who was, at any time in the last 3 years, concerned in the management of, or a director of,”.
[3] Section 10 (2) (d) (i)
Omit “such a director or person”.Insert instead “such a person or director”.
Explanatory note
The proposed amendments to the Conveyancers Licensing Act 2003 (the Act) clarify that a person who is or was a director of an externally-administered body corporate can be a disqualified person for the purposes of the Act whether or not he or she is or was also a person concerned in the management of the body corporate.
[1] Section 195A Lodgment of plans and related documents with Registrar-General
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “Division.” in section 195A (1).
[2] Section 195D Signatures and consents
Omit “unless the plan” from section 195D (1).Insert instead “unless the separate document required to be lodged under section 195A with the plan”.
[3] Section 195D (2A)
Omit the subsection.
[4] Section 195D (3)
Omit “a particular plan, or to sign an approved form for signatures relating to a particular plan,”.Insert instead “an approved form relating to a particular plan”.
Explanatory note
The proposed amendments to the Conveyancing Act 1919 (the Act) provide for a separate document in the approved form to be lodged with any plan required to be registered and lodged with the Registrar-General under section 195A of the Act. The amendments will enable all signatures and consents required for lodging plans to be endorsed on that separate document.
[1] Schedule 1 The Cooperative Scheme
Omit the definition of Area A of the Zone of Cooperation from clause 1 (1).
[2] Schedule 1, clause 1 (1)
Insert in alphabetical order:Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 (Commonwealth).
[3] Schedule 1, clauses 10 and 14 (3) (b) and (4) (a) (ii)
Omit “Area A of the Zone of Cooperation” wherever occurring.Insert instead “the Joint Petroleum Development Area”.
[4] Schedule 1, clause 14
Omit “Schedule 2 to the Petroleum (Submerged Lands) Act 1967” wherever occurring.Insert instead “Schedule 1 to the Offshore Petroleum Act 2006”.
[5] Schedule 1, clause 14 (2) (b)
Omit “subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (2) of the Offshore Petroleum Act 2006”.
[6] Schedule 1, clause 14 (4) (b)
Omit “adjacent area”. Insert instead “offshore area”.
[7] Schedule 1, clause 14 (4) (b)
Omit “subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (1) of the Offshore Petroleum Act 2006”.
[8] Schedule 1, clause 14 (6)
Insert after clause 14 (5):(6) A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum Act 2006 (Commonwealth) in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.
[9] Schedule 1, Appendix
Omit “Area A of the Zone of Cooperation” from the legend of the map.Insert instead “Joint Petroleum Development Area”.
Explanatory note
Items [4]–[8] of the proposed amendments to the Crimes at Sea Act 1998 are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
Items [1]–[3] and [9] of the proposed amendments are consequential on the repeal of the Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and the enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
Schedule 1 Indictable offences triable summarily
Omit “(Submerged Lands)” from clause 23 of Table 1.Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the Criminal Procedure Act 1986 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 34A Special provisions relating to Minister’s powers over Crown reserves
Insert after section 34A (6):(6A) Nothing in this section affects the operation of section 35.
[2] Section 48 Restrictions on transfer of licences
Insert after section 48 (2):(3) This section does not apply in relation to a licence authorising the use or occupation of Crown land for the purposes of constructing, operating or maintaining telecommunications infrastructure.
Explanatory note
Item [1] of the proposed amendments to the Crown Lands Act 1989 (the Act) makes it clear that when the Minister grants a lease, licence, permit or easement in respect of a Crown reserve the Minister will still be required to assess the land under Part 3 of the Act.
Section 48 of the Act currently provides that a licence granted by the Minister and authorising the use or occupation of Crown land for any purpose can only be transferred if the conditions of the licence permit the transfer and the licence is transferred to the owner or holder of land that benefits from the licence. Item [2] of the proposed amendments provides the restrictions imposed by section 48 in relation to the transfer of licences will not apply to a licence authorising the use or occupation of Crown land for the purposes of telecommunications infrastructure.
Schedule 7, clause 15A (Payment of purchase price if application made on or after 1 July 2004)
Insert after clause 15A (2):(2A) However, the Minister may allow the purchase price to be paid by instalments on any basis that the Minister determines is appropriate. This subclause extends to any application for purchase that is pending as at the commencement of this subclause.
Explanatory note
The proposed amendment to the Crown Lands (Continued Tenures) Act 1989 allows the purchase price of land in respect of an application for purchase of land held under a lease under that Act (including pending applications) to be paid by instalments instead of in full.
1.16 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:Contaminated Land Management Act 1997, section 92A
Explanatory note
The proposed amendment to the Fines Act 1996 provides for the enforcement of penalty notices issued under section 92A of the Contaminated Land Management Act 1997 and is consequential on the insertion of that section by an amendment made elsewhere in this Schedule.
[1] Section 197B Mining in aquatic reserve prohibited
Omit “(Submerged Lands)” from section 197B (2).Insert instead “(Offshore)”.
[2] Section 215 Purpose of Division
Omit “adverse affect”. Insert instead “adverse effect”.
Explanatory note
Item [1] of the proposed amendments to the Fisheries Management Act 1994 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments corrects a typographical error.
[1] Section 8 Public offices
Omit “chairman” from section 8 (3) (a) (iii). Insert instead “Chair”.
[2] Section 15A Disclosure of government contracts with the private sector
Omit “https//tenders.nsw.gov.au” from section 15A (7) (a).Insert instead “https://tenders.nsw.gov.au”.
Explanatory note
Item [1] of the proposed amendments to the Freedom of Information Act 1989 changes a reference to an office to ensure consistent titles are used across all parliamentary committees.
Item [2] of the proposed amendments corrects a reference.
[1] Section 3 Definitions
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
[2] Section 6 Provisions relating to constitution and procedure of development corporation
Insert at the end of section 6 (1) (b):, and(c) if a person is appointed under subsection (1A) (a) as the chief executive—the Director-General or, in the absence of the Director-General, a person nominated by the Director-General.
[3] Schedule 2 Provisions relating to the constitution and procedure of development corporations
Insert before clause 1:1A Application of Schedule to Director-General and nomineeThis Schedule (other than clause 9 (2)) applies to and in respect of a person who is a member of a development corporation under section 6 (1) (c) in the same way as this Schedule applies to and in respect of a chief executive.
[4] Schedule 2, clause 1
Omit “appointed members”.Insert instead “members appointed by the Governor”.
Explanatory note
Item [1] of the proposed amendments to the Growth Centres (Development Corporations) Act 1974 clarifies the status of notes.
Item [2] of the proposed amendments provides for the Director-General of the Department of Planning (or a nominee of the Director-General in the Director-General’s absence) to be a member of a development corporation if a person other than the Director-General has been appointed by the Minister for Planning as the chief executive of the development corporation. In cases where a person is not appointed as the chief executive, the Director-General is the chief executive and therefore a member of the development corporation.
Item [3] of the proposed amendments provides that where the Director-General or person nominated by the Director-General does become such a member, the provisions of Schedule 2 (Provisions relating to the constitution and procedure of development corporations) apply to the Director-General or nominee in the same way that those provisions apply to a chief executive of a development corporation. For example, the Director-General or nominee is not entitled to remuneration and cannot preside at meetings of the development corporation. Also the provisions of Schedule 2 relating to terms of office, the application of the Public Sector Employment and Management Act 2002, vacation of office and filling of vacancies do not apply to the Director-General or nominee.
Item [4] of the proposed amendments clarifies that the Chairperson of a development corporation is to be one of the members appointed by the Governor.
[1] Sections 69, 70 (4)–(6) and 72 (8)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Sections 69 and 70 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
Explanatory note
The proposed amendments to the Health Care Complaints Act 1993 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
[1] Section 3 Definitions
Omit “It includes any work declared by the regulations to be roof plumbing work.” from the definition of plumbing work in section 3 (1).
[2] Section 37
Omit the section. Insert instead:37 Restrictions on certain authoritiesAn endorsed contractor licence or a supervisor or tradesperson certificate does not authorise its holder to do or supervise specialist work merely because it authorises its holder to do or supervise residential building work.
Explanatory note
The proposed amendments to the Home Building Act 1989 (the Act) remove redundant references to roof plumbing work from the definition of plumbing work in section 3 (1) and from section 37 of the Act. The definitions of residential building work and specialist work in section 3 (1) of the Act fully address the relationship of roof plumbing work to plumbing work for the purposes of the Act.
[1] Sections 67, 68 (4)–(6) and 70 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[2] Sections 67 and 68 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
[3] Section 104 Appointment of staff
Omit “persons’ capacity” from section 104 (3) (b).Insert instead “person’s capacity”.
Explanatory note
Items [1] and [2] of the proposed amendments to the Independent Commission Against Corruption Act 1988 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
Item [3] of the proposed amendments corrects a typographical error.
Section 58 Definitions
Omit “is described under the heading referring to the State in Schedule 2 to the” from the definition of adjacent area in respect of the State.Insert instead “was described under the heading referring to the State in Schedule 2 to the repealed”.
Explanatory note
The proposed amendment to the Interpretation Act 1987 is consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
[1] Section 3 Definitions
Omit the definitions of Chairman and Vice-Chairman from section 3 (1).Insert in alphabetical order:Chair means the Chair of the Committee.Deputy Chair means the Deputy Chair of the Committee.
[2] Sections 7, 8 (4)–(6) and 12 (5)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[3] Sections 7 and 8 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
Explanatory note
The proposed amendments to the Legislation Review Act 1987 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
Section 633 Bathing (including nude bathing) and other water-based recreational activities
Omit “Marine Safety Act 1998” from section 633 (4C).Insert instead “Ports and Maritime Administration Act 1995”.
Explanatory note
The proposed amendment to the Local Government Act 1993 replaces a reference in section 633 (4C) of that Act to a vessel within the meaning of the Marine Safety Act 1998 with a reference to a vessel within the meaning of the Ports and Maritime Administration Act 1995. Both those Acts have a similar definition of vessel. However, the amendment will mean that the Minister for Ports and Waterways will be able to delegate his or her functions under that subsection to an authorised person. This is because section 27 (1) (b) of the Ports and Maritime Administration Act 1995 permits the Minister to delegate any function conferred by or under any Act on the Minister in his or her capacity as the Minister administering the Ports and Maritime Administration Act 1995. No such power to delegate the Minister’s functions is contained in the Marine Safety Act 1998.
Section 18 Mining in marine parks prohibited
Omit “(Submerged Lands)” from section 18 (2).Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the Marine Parks Act 1997 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 78 Inclusion of petroleum in mining lease
Omit “(Submerged Lands)” from section 78 (4) (a).Insert instead “(Offshore)”.
[2] Section 186 Colliery holdings
Omit “chief inspector of coal mines”.Insert instead “Chief Inspector appointed under the Coal Mine Health and Safety Act 2002”.
Explanatory note
Item [1] of the proposed amendments to the Mining Act 1992 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments updates a reference to an office.
[1] Section 10 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
Omit section 10 (3) (b). Insert instead:(b) an application for restoration of a licence under section 10 of that Act may be made only in respect of a licence that is cancelled under section 20 (7) of this Act, and any such application may not be made more than 3 months after the date on which the licence is cancelled.
[2] Section 12 Grounds on which application to be granted or refused
Omit “or experience (if any)” from section 12 (4) (e).
[3] Section 20 Annual fee and annual statement
Omit section 20 (7A) and (7B).
Explanatory note
Section 10 (3) (b) of the Motor Dealers Act 1974 (the Act) currently provides that an application for the restoration of a licence under the Act may not be made more than 3 months after the date on which the licence “expires”. However, section 19 (1) of the Act makes it clear that a licence does not expire, it continues in force until, pursuant to the provisions of the Act, it is surrendered or cancelled or ceases to have effect.
Item [1] of the proposed amendments clarifies the intended effect of section 10 (3) (b) by providing that a person may make an application for restoration of a licence under section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in respect of a licence that is cancelled under section 20 (7) of the Act (failure to pay an annual fee or lodge an annual statement). Any such application may not be made more than 3 months after the date on which the licence is cancelled.
Item [2] of the proposed amendments removes experience as a qualification for a director of a corporation that applies for a licence under the Act. Directors are now required to have prescribed qualifications or have sufficient knowledge or expertise to carry on a business pursuant to the authority that would be conferred by the licence if it were granted. This brings this requirement into line with the equivalent requirement for a natural person who applies for a licence.
Item [3] of the proposed amendments omits provisions consequential on the amendment made by item [1].
Sections 39 (4), 41 (2), 47H (4), 47J (2) and 47MA (3)
Omit “(Submerged Lands)” wherever occurring. Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the National Parks and Wildlife Act 1974 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 4 Definitions
Omit “(Submerged Lands)” from paragraph (b) of the definition of mining workplace (as inserted by Schedule 2 [3] to the Mine Health and Safety Act 2004).Insert instead “(Offshore)”.
[2] Section 107A Time for instituting proceedings—special provision for work incident notification
Omit “Coal Mines Regulation Act 1982 applies—to section 86” from section 107A (6) (b).Insert instead “Coal Mine Health and Safety Act 2002 applies—to section 110”.
Explanatory note
Item [1] of the proposed amendments to the Occupational Health and Safety Act 2000 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments updates a reference to a repealed Act.
Clause 82 Definitions
Omit “(Submerged Lands)” wherever occurring from the definitions of pressure piping and pressure vessel.Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the Occupational Health and Safety Regulation 2001 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 3 Commonwealth–State agreement (the Offshore Constitutional Settlement)
Omit “Petroleum (Submerged Lands) Act 1967” and “Petroleum (Submerged Lands) Act 1982” wherever occurring (including the notes).Insert instead “Offshore Petroleum Act 2006” and “Petroleum (Offshore) Act 1982” respectively.
[2] Section 35 Act does not apply to exploration for or recovery of petroleum
Omit “Petroleum (Submerged Lands) Act 1967” and “Petroleum (Submerged Lands) Act 1982” from note 2.Insert instead “Offshore Petroleum Act 2006” and “Petroleum (Offshore) Act 1982” respectively.
Explanatory note
The proposed amendments to the Offshore Minerals Act 1999 are consequential on:
(a) the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth, and
(b) the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Sections 31E, 31F (4)–(6) and 31H (5)
Omit “Chairperson” wherever occurring. Insert instead “Chair”.
[2] Sections 31E and 31F (4)–(6)
Omit “Vice-Chairperson” wherever occurring.Insert instead “Deputy Chair”.
Explanatory note
The proposed amendments to the Ombudsman Act 1974 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
Section 19 Members’ superannuation benefit
Omit “Chairman” from section 19 (4) (a) (ii). Insert instead “Chair”.
Explanatory note
The proposed amendment to the Parliamentary Contributory Superannuation Act 1971 changes a reference to an office to ensure consistency with the Parliamentary Remuneration Act 1989.
[1] Sections 4 (2) and 10 (2)
Omit “chairman” wherever occurring. Insert instead “Chair”.
[2] Section 6 Expenses of witnesses
Omit “Chairman” from section 6 (2). Insert instead “Chair”.
Explanatory note
The proposed amendments to the Parliamentary Evidence Act 1901 change references to the presiding officers of a parliamentary committee to reflect the changes to the titles of those offices.
[1] Schedule 1 Additional salaries and expense allowances
Omit the matter relating to the Chairperson of the joint Committee on the Office of the Valuer-General from Part 2.
[2] Schedule 1, Part 2
Omit “Chairman” and “Chairperson” wherever occurring.Insert instead “Chair”.
Explanatory note
Item [1] of the proposed amendments to the Parliamentary Remuneration Act 1989 omits a redundant reference to a Committee that no longer exists.
Item [2] of the proposed amendments changes references to certain presiding officers of parliamentary committees to reflect the changes to the titles of those offices made by proposed amendments elsewhere in this Schedule and to ensure that consistent titles are used across all parliamentary committees.
[1] Section 22 Fee
Omit section 22 (3). Insert instead:(2A) No fee is payable in relation to the revocation or variation of a clean-up notice.(3) The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.(3A) The Environment Protection Authority may waive payment of the whole or any part of the fee.
[2] Section 27 Fee
Omit section 27 (3). Insert instead:(2A) No fee is payable in relation to the revocation or variation of a prevention notice.(3) The Environment Protection Authority may, on the application of a person to whom subsection (2) applies, extend the time for payment of the fee.(3A) The Environment Protection Authority may waive payment of the whole or any part of the fee.
Explanatory note
The proposed amendments to the Pesticides Act 1999 make it clear that a fee is not payable under sections 22 and 27 of that Act in respect of a revocation or variation of a clean-up notice or a prevention notice. The proposed amendments also permit the Environment Protection Authority to waive payment of the whole or any part of the fees in respect of those notices without an application being made for such a waiver.
Section 3 Definitions
Omit “(Submerged Lands)” from the definition of onshore area in section 3 (1).Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the Petroleum (Onshore) Act 1991 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
[1] Section 1 Name of Act
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.
[2] Section 5 Definitions
Omit “Petroleum (Submerged Lands) Act 1967” from the definition of the Commonwealth Act in section 5 (1).Insert instead “Offshore Petroleum Act 2006”.
[3] Part 2, heading
Omit “adjacent”. Insert instead “offshore”.
[4] Section 10
Omit the section. Insert instead:10 DefinitionIn this Part, the Commonwealth offshore area means the offshore area for New South Wales for the purposes of the Commonwealth Act.
[5] Sections 12, 13 and 14
Omit “adjacent” wherever occurring. Insert instead “offshore”.
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule (with appropriate Part and clause numbering):Part Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2007Reference to Petroleum (Submerged Lands) Act 1982A reference in any other Act (other than the Statute Law (Miscellaneous Provisions) Act 2007), in any instrument made under another Act, or in any document of any kind, to the Petroleum (Submerged Lands) Act 1982 of this State is to be read as a reference to the Petroleum (Offshore) Act 1982.
Explanatory note
The proposed amendments to the Petroleum (Submerged Lands) Act 1982:
(a) rename the Petroleum (Submerged Lands) Act 1982 of New South Wales as the Petroleum (Offshore) Act 1982, and
(b) make other amendments that are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
[1] Clause 1 Name of Regulation
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.
[2] Clause 3 Definition
Omit “(Submerged Lands)” from the definition of the Act in clause 3 (1).Insert instead “(Offshore)”.
[3] Schedule 2 Form of instrument of transfer
Omit “(Submerged Lands)”. Insert instead “(Offshore)”.
Explanatory note
The proposed amendments to the Petroleum (Submerged Lands) Regulation 2006 (which include an amendment renaming the Regulation) are consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Section 3 Definitions
Omit “(Submerged Lands)” from the definition of pipeline in section 3 (1).Insert instead “(Offshore)”.
Explanatory note
The proposed amendment to the Pipelines Act 1967 is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Section 82E Transfer of non-executive administrative officers
Omit “lowest” from section 82E (2) (b). Insert instead “lower”.
Explanatory note
Section 67 of the Police Act 1990 was omitted by the Police Amendment (Police Promotions) Act 2006 and replaced by section 82E. Section 67 of the Police Act 1990 provided that the Commissioner may transfer a non-executive officer from one non-executive position to another. If the position to which the officer was transferred entitled its holder to a lower level of remuneration, the officer must have consented to the transfer at the lower level of remuneration. Section 82E of the Police Act 1990 provides that the Commissioner may transfer a non-executive administrative officer from one non-executive administrative officer position to another non-executive administrative officer position or non-executive police officer position. If the position to which the officer is transferred entitles its holder to a lower level of remuneration, the officer must consent to the transfer at the lowest level of remuneration.
The proposed amendment changes the reference to “lowest” level of remuneration in section 82E in line with the repealed section 67 so that a transfer need not be made at the lowest level of remuneration for the position.
Section 12 Certain procedures not to be performed on animals
Insert in alphabetical order in section 12 (3):dock the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like) whether by surgical or other means.
Explanatory note
The proposed amendment to the Prevention of Cruelty to Animals Act 1979 clarifies that the prohibition on docking an animal’s tail extends to non-surgical means of docking a tail such as with a rubber band.
[1] Section 8 Agents required to be licensed
Insert “or a real estate agent’s licence” after “manager’s licence” in section 8 (1) (e).
[2] Section 14 Eligibility for licence or certificate of registration
Omit section 14 (2) (c). Insert instead:(c) the corporation, and each officer (within the meaning of the Corporations Act) of the corporation, is not a disqualified person, and
[3] Section 16 Disqualified persons
Insert “or has failed to lodge a statutory declaration as required by section 113,” after “person under this Act,” in section 16 (1) (o).
[4] Section 16 (1A) (c) and (d) (ii) and (2B) (c)
Omit “a director or person concerned in the management of” wherever occurring.Insert instead “concerned in the management of, or a director of,”.
[5] Section 16 (1A) (d) (i)
Omit “who at any time in the last 3 years, was a director or person concerned in the management of”.Insert instead “who was, at any time in the last 3 years, concerned in the management of, or a director of,”.
[6] Section 16 (1A) (d) (i)
Omit “such a director or person”.Insert instead “such a person or director”.
Explanatory note
Item [1] of the proposed amendments to the Property, Stock and Business Agents Act 2002 (the Act) makes it clear that the holder of a real estate agent’s licence can carry on the business of an on-site residential property manager without the need to also hold an on-site residential property manager’s licence.
Item [2] of the proposed amendments amends section 14 (2) (c) of the Act to provide that a corporation will be ineligible to hold a corporation licence if it is a disqualified person or if any officer of the corporation is a disqualified person (currently a corporation is ineligible to hold a corporation licence only if an officer of the corporation is a disqualified person).
Item [3] of the proposed amendments provides that a person is a disqualified person for the purposes of the Act if the person has failed to lodge a statutory declaration as required by section 113 of the Act, unless the Director-General determines that in the circumstances that failure should not disqualify the person.
Items [4]–[6] of the proposed amendments clarify that a director of an externally-administered body corporate can be a disqualified person for the purposes of the Act whether or not he or she is also a person concerned in the management of the body corporate.
[1] Section 33G Delegation of Auditor-General’s functions
Omit “this Division”. Insert instead “this or any other Act”.
[2] Section 48A Review of Audit Office
Omit “Chairman” wherever occurring in section 48A (12) and (13).Insert instead “Chair”.
[3] Section 53 Definitions
Omit the definitions of Chairman and Vice-Chairman.Insert in alphabetical order:Chair means the Chair of the Committee.Deputy Chair means the Deputy Chair of the Committee.
[4] Sections 55, 56 (4)–(6) and 58 (6)
Omit “Chairman” wherever occurring. Insert instead “Chair”.
[5] Sections 55 and 56 (4)–(6)
Omit “Vice-Chairman” wherever occurring.Insert instead “Deputy Chair”.
[6] Section 56 (4)
Omit “as chairman for”. Insert instead “to chair”.
Explanatory note
At present under section 33G of the Public Finance and Audit Act 1983, the Auditor-General may delegate his or her employment related functions to a member of staff of the Audit Office. Item [1] of the proposed amendments extends this power of delegation to the Auditor-General’s audit related functions.
Items [2]–[6] of the proposed amendments to the Public Finance and Audit Act 1983 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
[1] Sections 14, 15 (1), 21 (b) and (d), 22, 25 (3), 29 (a) and 30
Omit “chairperson” wherever occurring. Insert instead “Chair”.
[2] Sections 14, 21 (b) and (d), 22 (1) and (2), 25 (3) and 30
Omit “vice-chairperson” wherever occurring.Insert instead “Deputy Chair”.
[3] Sections 14 and 29 (a)
Omit “chairperson’s” wherever occurring. Insert instead “Chair’s”.
[4] Fourth Schedule
Omit “Chairperson” wherever occurring. Insert instead “Chair”.
[5] Fourth Schedule
Omit “Vice-Chairperson” wherever occurring.Insert instead “Deputy Chair”.
Explanatory note
The proposed amendments to the Public Works Act 1912 change the titles of the presiding officers of a parliamentary committee to ensure consistent titles are used across all parliamentary committees.
[1] Section 6 Application of Commonwealth Acts Interpretation Act
Insert “(whether with or without modifications)” after “apply” in section 6 (1).
[2] Section 57B Photographic evidence of public transport lane offences
Insert “or rules” after “regulations” wherever occurring in paragraph (c) of the definition of public transport lane offence in section 57B (1).
[3] Schedule 1 Regulation-making powers
Insert after clause 9:10 Updating references to outdated or incorrect references to Australian Road Rules or Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999(1) The repeal or amendment of any reference to the Australian Road Rules or the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (or a provision of those Rules or the Regulation) in any Act or statutory rule that is a reference that is (or will become) out of date or otherwise incorrect by reason of the repeal, amendment, renumbering, renaming or remaking of those Rules or the Regulation (or a provision of those Rules or the Regulation).(2) This clause expires on 1 September 2008.Note—The Australian Road Rules were incorporated into the law of New South Wales by clause 6 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 on and from 1 December 1999. Clause 6 provided that, subject to that Regulation, the Australian Road Rules were to be read with, and as if they formed part of, that Regulation.
Explanatory note
Clause 5 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (the Regulation) defines the Australian Road Rules to mean that part of the publication known as the Australian Road Rules, ISBN 0 7240 8874 1, published by the National Road Transport Commission on 19 October 1999 that comprises the road rules approved by the Australian Transport Council under the National Road Transport Commission Act 1991 of the Commonwealth on 29 January 1999 (together with the amendments to those rules approved by the Council on 30 June 1999 and 11 October 1999).
This version of the Australian Road Rules is incorporated into the law of New South Wales by clause 6 of the Regulation. Clause 6 provides that, subject to that Regulation, the Australian Road Rules are to be read with, and as if they formed part of, the Regulation.
The Roads and Traffic Authority is currently undertaking the task of consolidating all of the road rules applicable in New South Wales into a single set of Rules. This will involve, among other things, the repeal of those provisions of the Regulation that give effect to the Australian Road Rules. The intention is for all of the road rules to be set out in full instead of being incorporated into the law of New South Wales by reference (as is currently the case).
The amendments that are proposed to be made to the Road Transport (Safety and Traffic Management) Act 1999 (the Act) will facilitate this process of consolidation.
Item [1] of the amendments confirms that regulations made under the Act may apply the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of the Act or the regulations (or instruments made under them) either with or without modification.
Item [2] of the amendments confirms that offences against rules made under the Act may be prescribed as public transport lane offences for the purposes of section 57B of the Act.
Item [3] of the amendments enables regulations made under that Act to amend Acts and statutory rules for the purpose of updating or omitting references to the Australian Road Rules or the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. The proposed new road rules regime will render many provisions in the New South Wales statute book out of date. The proposed regulation-making power will therefore enable these outdated references to be updated or omitted at the same time as the new road rules regime commences. The power to make such regulations will cease on 1 September 2008.
[1] Section 8 Registration of strata plans
Omit “The location plan must include” from section 8 (2).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
[2] Section 8 (2)
Omit “The location plan must also”.Insert instead “The document must also”.
[3] Section 8A Subdivision of development lot
Omit “The location plan must include” from section 8A (3).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
[4] Section 8A (3)
Omit “The location plan must also”.Insert instead “The document must also”.
[5] Section 9 Subdivision of lots and common property
Omit “any location plan” from section 9 (3) (c1).Insert instead “it is lodged with a separate document in the approved form that”.
[6] Section 12 Consolidation of lots
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “consolidation.”.
[7] Section 14 Alteration of building affecting lot boundary
Insert after section 14 (1):(1A) The plan must be lodged with a separate document in the approved form relating to the plan.
[8] Section 16 Strata plans to be signed or consented to
Omit “unless the plan” from section 16 (1).Insert instead “unless the separate document required to be lodged under this Division with the plan”.
[9] Section 16 (2A)
Omit the subsection.
[10] Section 16 (3)
Omit “the plan”.Insert instead “the separate document required to be lodged with the plan”.
Explanatory note
Items [1]–[5] of the proposed amendments to the Strata Schemes (Freehold Development) Act 1973 require certain information currently included in a plan intended to be registered as a strata plan or a strata plan of subdivision to be included instead in a separate document lodged with the plan.
Items [6] and [7] of the proposed amendments provide for a separate document to be lodged with a strata plan of consolidation or a building alteration plan.
Items [8]–[10] of the proposed amendments will enable all signatures and consents required for lodging plans with the Registrar-General to be endorsed on those separate documents.
[1] Section 7 Registration of strata plans
Omit “The location plan must include” from section 7 (2A).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
[2] Section 7 (2A)
Omit “The location plan must also”.Insert instead “The document must also”.
[3] Section 10 Subdivision of development lot
Omit “The location plan must include” from section 10 (3).Insert instead “The plan must be lodged with a separate document in the approved form that includes”.
[4] Section 10 (3)
Omit “The location plan must also”.Insert instead “The document must also”.
[5] Section 11 Subdivision of lots and common property
Omit “any location plan” from section 11 (2) (c1).Insert instead “it is lodged with a separate document in the approved form that”.
[6] Section 15 Consolidation of lots
Insert “The plan must be lodged with a separate document in the approved form relating to the plan.” after “consolidation.”.
[7] Section 17 Alteration of building affecting lot boundary
Insert after section 17 (1):(1A) The plan must be lodged with a separate document in the approved form relating to the plan.
[8] Section 19 Strata plans to be signed or consented to
Omit “unless the plan” from section 19 (1).Insert instead “unless the separate document required to be lodged under section 7 (2A) with the plan”.
[9] Section 19 (3)
Omit “unless the plan”.Insert instead “unless the separate document required to be lodged under this Division with the plan”.
[10] Section 19 (4A)
Omit the subsection.
[11] Section 19 (5)
Omit “the plan”.Insert instead “the separate document required to be lodged with the plan”.
Explanatory note
Items [1]–[5] of the proposed amendments to the Strata Schemes (Leasehold Development) Act 1986 require certain information currently included in a plan intended to be registered as a strata plan or a strata plan of subdivision to be included instead in a separate document lodged with the plan.
Items [6] and [7] of the proposed amendments provide for a separate document to be lodged with a strata plan of consolidation or a building alteration plan.
Items [8]–[11] of the proposed amendments will enable all signatures and consents required for lodging plans with the Registrar-General to be endorsed on those separate documents.
[1] Section 10 Staged repeal of statutory rules
Omit section 10 (3).
[2] Section 10 (4)
Omit “2007”. Insert instead “2008”.
[3] Section 10 (4) (b1)
Insert after section 10 (4) (b):(b1) the Parking Space Levy Regulation 1997,
Explanatory note
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 five occasions.
Items [2] and [3] of the proposed amendments have the effect of keeping the Day Procedure Centres Regulation 1996, the Liquor Regulation 1996, the Parking Space Levy Regulation 1997, the Private Hospitals Regulation 1996 and the Registered Clubs Regulation 1996 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.
This is necessary as the Regulations have each been postponed on five occasions, and are now due to be repealed on 1 September 2007. 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 made under those 3 Acts. In addition, a review is being undertaken of the Parking Space Levy Act 1992 and this is likely to result in changes to that Act and the Regulation. In view of these matters, there seems little point in remaking the Regulations. 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.
Item [1] of the proposed amendments repeals a redundant subsection.
[1] Section 127ZK Application for biobanking statement in respect of development
Omit “an approved form” from section 127ZK (2).Insert instead “a form approved by the Director-General”.
[2] Schedule 1 Endangered species, populations and ecological communities
Insert an asterisk before the following italicised entries (appearing under the following headings) in Part 1:AnimalsVertebratesAmphibians
[3] Schedule 1, Part 3
Insert an asterisk before the following entries:
[4] Schedule 1, Part 4
Insert an asterisk before the following italicised entries (appearing under the following headings):AnimalsVertebratesBirds
[5] Schedule 2 Vulnerable species and ecological communities
Insert an asterisk before the following italicised entries (appearing under the following headings) in Part 1:AnimalsVertebratesAmphibians
[6] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Procellariidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[7] Schedule 2, Part 1
Omit the headings, and all entries under the headings, “Areidae” and “Accipitridae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[8] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Scolopacidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[9] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Laridae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[10] Schedule 2, Part 1
Omit the headings, and all entries under the headings, “Cacatuidae” and “Psittacidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[11] Schedule 2, Part 1
Omit the headings, and all entries under the headings, “Pardalotidae”, “Meliphagidae” and “Petroicidae” (under the headings “Animals”, “Vertebrates” and “Birds”).Insert instead:
[12] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Dasyuridae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
[13] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Pteropodidae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
[14] Schedule 2, Part 1
Omit the heading, and all entries under the heading, “Vespertilionidae” (under the headings “Animals”, “Vertebrates” and “Mammals”).Insert instead:
Explanatory note
Item [1] of the proposed amendments to the Threatened Species Conservation Act 1995 (the Act) amends section 127ZK of the Act to clarify that an application for a biobanking statement under the Act must be made in a form approved by the Director-General of the Department of Environment and Climate Change.
Parts 1, 3 and 4 of Schedule 1 to the Act contain, respectively, lists of endangered species, endangered ecological communities and species presumed extinct. Part 1 of Schedule 2 to the Act contains lists of vulnerable species. Any endangered species, species presumed extinct or vulnerable species that is a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, and any endangered ecological community that is listed as a threatened ecological community under that Act, is marked with an asterisk to show that it is considered to be threatened nationally.
Items [2]–[5] of the proposed amendments insert asterisks next to descriptions of species and communities in Parts 1, 3 and 4 of Schedule 1 and Part 1 of Schedule 2 to the Act to indicate their national status as threatened species and communities.
Items [6]–[14] of the proposed amendments rearrange the descriptions of species within certain families in Part 1 of Schedule 2 to the Act so that they appear in alphabetical order, no matter is added or deleted. Item [14] also corrects the common name listed for the bat species Nyctophilus timoriensis and inserts an asterisk next to the description of that species to indicate its national status as a threatened species.
[1] Section 7A Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
Omit section 7A (3) (b). Insert instead:(b) an application for restoration of a licence under section 10 of that Act may be made only in respect of a licence that is cancelled under section 17 (9) of this Act, and any such application may not be made more than 3 months after the date on which the licence is cancelled.
[2] Section 17 Annual fee and annual statement
Omit section 17 (9A) and (9B).
Explanatory note
Section 7A (3) (b) of the Travel Agents Act 1986 (the Act) currently provides that an application for the restoration of a travel agent’s licence may not be made more than 3 months after the date on which the licence “expires”. However, section 16 (1) of the Act makes it clear that a licence does not expire, it continues in force until, pursuant to the provisions of the Act, it is surrendered or cancelled.
Item [1] of the proposed amendments clarifies the intended effect of section 7A (3) (b) by providing that a person may make an application for restoration of a licence under section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in respect of a licence that is cancelled under section 17 (9) of the Act (failure to pay a fee or lodge a statement). Any such application may not be made more than 3 months after the date on which the licence is cancelled.
Item [2] of the proposed amendments omits provisions consequential on the amendment made by item [1].
[1] Section 4 Definitions
Omit the definition of Joint Committee from section 4 (1).
[2] Section 14I Valuing Crown lease restricted land
Omit “perpetual lease,” from section 14I (2) (b).
[3] Part 8 Parliamentary Joint Committee
Omit the Part.
Explanatory note
Items [1] and [3] of the proposed amendments to the Valuation of Land Act 1916 omit a redundant definition and an expired Part of the Act.
Item [2] of the proposed amendments removes an erroneous reference to perpetual leases in the definition of land that is Crown lease restricted.
Section 9 Disqualification from registration
Omit “a director or person concerned in the management of” from section 9 (1) (b).Insert instead “concerned in the management of, or a director of,”.
Explanatory note
The proposed amendment to the Valuers Act 2003 makes it clear that a director of a corporation that is the subject of a winding-up order or for which a controller or administrator has been appointed can be a disqualified person for the purposes of the Act whether or not he or she is also a person concerned in the management of the corporation.
[1] Section 173B Redetermination of premium and payment of interest
Omit “providing for interest)” from section 173B (1) (d).Insert instead “providing for interest”.
[2] Section 173B (1) (d)
Omit “original premium.”. Insert instead “original premium).”.
[3] Schedule 1 Adjacent areas
Insert in alphabetical order in clause 1:Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
[4] Schedule 1, clause 2
Omit “Schedule 2 to the Petroleum (Submerged Lands) Act 1967” wherever occurring.Insert instead “Schedule 1 to the Offshore Petroleum Act 2006”.
[5] Schedule 1, clause 2 (2) (b)
Omit “subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (2) of the Offshore Petroleum Act 2006”.
[6] Schedule 1, clause 2 (3) (b) and (4) (a) (ii)
Omit “Area A of the Zone of Cooperation” wherever occurring.Insert instead “the Joint Petroleum Development Area”.
[7] Schedule 1, clause 2 (4) (b)
Omit “adjacent area”. Insert instead “offshore area”.
[8] Schedule 1, clause 2 (4) (b)
Omit “subsection (3) of section 5A of the Petroleum (Submerged Lands) Act 1967”.Insert instead “section 7 (1) of the Offshore Petroleum Act 2006”.
[9] Schedule 1, clause 2 (6)
Insert after clause 2 (5):(6) A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum Act 2006 of the Commonwealth in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.
Explanatory note
Items [1] and [2] of the proposed amendments to the Workers Compensation Act 1987 correct typographical errors.
Items [4], [5] and [7]–[9] of the proposed amendments are consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
Items [3] and [6] of the proposed amendments are consequential on the repeal of the Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and the enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
Schedule 2 Amendments by way of statute law revision
(Section 3)
Section 4 (3)
Insert after section 4 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (5)
Insert after section 3 (4):(5) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (8)
Insert after section 3 (7):(8) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (3)
Insert after section 4 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 8, clause 7 (1)
Omit “redundacy”. Insert instead “redundancy”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 106A (5)
Omit “Community Services (Complaint, Reviews and Monitoring) Act 1993”.Insert instead “Community Services (Complaints, Reviews and Monitoring) Act 1993”.
Explanatory note
The proposed amendment corrects the citation of an Act.
[1] Clause 18A, note
Omit “Regulation”. Insert instead “Rule”.
[2] Clause 20 (1)
Omit “Children (Care and Protection) Act 1998”.Insert instead “Children and Young Persons (Care and Protection) Act 1998”.
Explanatory note
Item [1] of the proposed amendments corrects a reference.
Item [2] of the proposed amendments corrects the citation of an Act.
[1] Section 3, definition of “inflammable gas”
Omit the definition. Insert in alphabetical order:flammable gas means methane, carbon monoxide or hydrogen.
[2] Sections 171 (1) (a), 193 (ac) and (ap) and 194
Omit “inflammable” wherever occurring. Insert instead “flammable”.
[3] Schedule 2.4 [2]
Omit “section 4 (1) of the Supreme Court (Summary Jurisdiction) Act 1967”.Insert instead “section 246 (1) of the Criminal Procedure Act 1986”.
[4] Schedule 2.19 [4]
Omit “10 (2) (b)”. Insert instead “10 (2) (b2)”
Explanatory note
Items [1] and [2] of the proposed amendments replace words to ensure consistency with related legislation.
Item [3] of the proposed amendments corrects a cross-reference.
Item [4] of the proposed amendments corrects an incorporation direction.
[1] Clause 2 (2)
Omit “149 (1) (c)–(h)”.Insert instead “paragraphs (c)–(h) of the definition of licensable activity in clause 149 (1)”.
[2] Clause 3 (1), definition of “inflammable material”
Omit the definition. Insert in alphabetical order:flammable material includes a flammable gas, a flammable liquid and a flammable solid, as defined in the ADG Code as dangerous goods of class 2.1, class 3 and class 4.
[3] Clauses 3 (1), definition of “intrinsically safe”, 15 (1) (r) (ii) (A) and (v), 18 (1) (f), note, 19 (1) (k) (i), 21 (b) (ii), 28 (b) (iii) (B), 33, 36 (k), 67 (1) and (2), 92 (1), 93 (1) and (2), 111, 127 (1), (3) and (7) and Schedule 2, clause 9 (d)
Omit “inflammable” wherever occurring. Insert instead “flammable”.
[4] Clauses 21, 74 and 92 (1)
Omit “undergound” wherever occurring. Insert instead “underground”.
[5] Clause 68 (1) (b)
Omit “non-inflammable”. Insert instead “non-flammable”.
[6] Part 4, Division 3, Subdivision 6, heading
Omit “inflammable”. Insert instead “flammable”.
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Items [2], [3], [5] and [6] of the proposed amendments replace words to ensure consistency with related legislation.
Item [4] of the proposed amendments corrects typographical errors.
Part 7, Division 1, note
Omit the note.
Explanatory note
The proposed amendment omits a redundant note.
Section 39RA (5) (b)
Omit “a the NSW Police Force”. Insert instead “a NSW Police Force”.
Explanatory note
The proposed amendment omits a redundant word.
[1] Clause 2, definition of “corporation”
Omit “Corporations Law”.Insert instead “Corporations Act 2001 of the Commonwealth”.
[2] Clauses 56 (1) (c) and 57 (2) (b) and (5)
Insert “of Form 2” after “Part 8 (Apportionment of liability among defendants)” wherever occurring.
[3] Clause 57 (7)
Insert “of Form 2” after “Part 8”.
Explanatory note
Item [1] of the proposed amendments corrects the citation of an Act.
Items [2] and [3] of the proposed amendments correct references.
Section 4 (11)
Insert after section 4 (10):(11) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 6, clause 108 (4)
Omit “[18] and [25]”. Insert instead “[21] and [29]”.
Explanatory note
The proposed amendment corrects a cross-reference.
Schedule 1 [5], proposed clause 290
Renumber the clause as clause 291.
Explanatory note
The proposed amendment corrects duplicated clause numbering.
Clause 256A (1) and (1A)
Omit “clause 245” wherever occurring. Insert instead “clause 245AA”.
Explanatory note
The proposed amendment corrects cross-references to a renumbered clause.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Clause 18 (2) (c)
Omit “clause 5 (2) (b)”. Insert instead “clause 5 (2) (a)”.
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
Clause 116A
Renumber the clause as clause 16A.
Explanatory note
The proposed amendment corrects the numbering of a provision.
Section 3 (5)
Insert after section 3 (4):(5) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Clause 32, Table
Omit “Forsters” from clause 5 (1). Insert instead “Forster”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 4 (4)
Insert after section 4 (3):(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (4)
Insert after section 3 (3):(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (2)
Insert at the end of section 3:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (4)
Insert after section 4 (3):(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 2 (2)
Insert at the end of section 2:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (4)
Insert after section 4 (3):(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Clause 36 (2)
Omit “the Sydney”. Insert instead “The Sydney”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 2 (2)
Insert at the end of section 2:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 2 (2)
Insert at the end of section 2:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 1 [5]
Omit “section 181 (4)”. Insert instead “section 56 (7)”.
Explanatory note
The proposed amendment corrects an incorporation direction.
Section 29 (3) (a) (ii)
Omit “the prescribed”. Insert instead “such an authorised”.
Explanatory note
The proposed amendment corrects a reference to an officer.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Clause 44
Insert “Act” after “Assessment”.
Explanatory note
The proposed amendment corrects the citation of an Act.
Clause 3 (2)
Omit “intrument”. Insert instead “instrument”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (3)
Insert after section 4 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
[1] Clause 20C, definition of “heritage item”
Omit “building work, relic tree”. Insert instead “building, work, relic, tree”.
[2] Schedule 7, Part 1
Omit “Cinnamonum” from the matter relating to Berry.Insert instead “Cinnamomum”.
[3] Schedule 7, Part 1
Omit “St Lukes” from the matter relating to Berry.Insert instead “St Luke’s”.
[4] Schedule 7, Part 1
Omit ““Applegarth—Dairy” from the matter relating to Milton.Insert instead “‘Applegarth’—Dairy”.
[5] Schedule 7, Part 1
Omit “St Andrews” from the matter relating to Nowra.Insert instead “St Andrew’s”.
Explanatory note
Items [1]–[5] of the proposed amendments correct typographical errors.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
[1] Clause 16, Table
Omit “Murrimbidgee” from item 1 (Locality objectives) of the matter relating to Locality 2.Insert instead “Murrumbidgee”.
[2] Clause 16, Table
Renumber subparagraph (iii) of paragraph (b) in item 1 (Locality objectives) of the matter relating to Locality 7 as subparagraph (ii).
[3] Clause 50 (1) and (2)
Omit “Murrimbidgee” wherever occurring.Insert instead “Murrumbidgee”.
Explanatory note
Items [1] and [3] of the proposed amendments correct typographical errors.
Item [2] of the proposed amendments corrects the numbering of a provision.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
[1] Section 9A (6) (b) (ii)
Omit “of Coal Mines”.Insert instead “appointed under the Coal Mine Health and Safety Act 2002”.
[2] Section 36 (3) (c)
Omit the paragraph.
Explanatory note
Item [1] of the proposed amendments updates a reference to an office holder.
Item [2] of the proposed amendments removes a duplicate citation.
Schedule 6
Omit “Lommond” from item number Lf31 under the heading “Burraneer”.Insert instead “Lomond”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 4 (3)
Insert after section 4 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 2 (2)
Insert at the end of section 2:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (2)
Insert at the end of section 3:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Rules 16.4 (3), 16.5 (2), 16.6 (2), 16.7 (2) and 39.3 (2)
Omit “, as the case may be” wherever occurring in the notes to the rules.
Explanatory note
The proposed amendment removes redundant text.
[1] Clause 25C (3) (b)
Renumber subparagraph (iii) where secondly occurring as subparagraph (iiia).
[2] Clause 29 (8)
Omit “year, and”. Insert instead “year.”.
Explanatory note
Item [1] of the proposed amendments corrects duplicate numbering.
Item [2] of the proposed amendments removes a redundant word.
Schedule 5.1
Omit “section 47”. Insert instead “section 48”.
Explanatory note
The proposed amendment corrects a cross-reference.
Section 3 (2)
Insert at the end of section 3:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 1
Insert “2” after “Lots 1 and” in item 3 of the matter relating to Camden.
Explanatory note
The proposed amendment inserts a missing number.
Dictionary, definition of “coastal lake”
Omit “Policy 71”. Insert instead “Policy No 71”.
Explanatory note
The proposed amendment corrects the citation of an instrument.
Section 3 (3)
Insert after section 3 (2):(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Section 4 (2)
Insert at the end of section 4:(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act 2004 No 112
(Section 3)
Explanatory note
The Legal Profession Act 2004 introduced new terms to distinguish between different types of lawyers. In particular, the Act introduced the concept of an Australian lawyer (a person who is admitted to the legal profession under the Act or a corresponding law) and an Australian legal practitioner (an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate). The proposed amendments in Schedule 3 replace references in various Acts to a legal practitioner, interstate legal practitioner, solicitor, barrister or lawyer with the appropriate term for these positions following the enactment of the Legal Profession Act 2004. Currently, the meanings of Australian legal practitioner and Australian lawyer are set out in section 21 (1) of the Interpretation Act 1987 for ease of reference in other Acts.
Section 33 (6) (e)
Omit “solicitor”. Insert instead “Australian legal practitioner”.
[1] Section 5, definition of “eligible witness”
Omit paragraph (a) (i) and (ii) of the definition. Insert instead:(i) an Australian legal practitioner,
[2] Section 5, definition of “interstate legal practitioner”
Omit the definition.
[3] Section 6O (3)
Omit “a qualified interstate legal practitioner”.Insert instead “an Australian legal practitioner”.
[4] Section 6O (5), definition of “qualified interstate legal practitioner”
Omit the definition.
[5] Section 58 (1)
Omit “a barrister, solicitor or agent”.Insert instead “an Australian legal practitioner or an agent”.
Section 54 (2) (b)
Omit “solicitor”. Insert instead “Australian legal practitioner”.
[1] Section 23 (2)
Omit “a practising barrister or practising solicitor”.Insert instead “an Australian legal practitioner”.
[2] Section 25 (2) (b)
Omit “lawyer”. Insert instead “Australian legal practitioner”.
[3] Section 42A (3)
Omit “a barrister or solicitor”. Insert instead “an Australian legal practitioner”.
Section 2 (2)
Omit “a barrister or solicitor of the Supreme Court of New South Wales”.Insert instead “an Australian legal practitioner”.
Section 159 (6)
Omit “a legal practitioner”. Insert instead “an Australian legal practitioner”.
[1] Section 57
Omit “practising solicitor”.Insert instead “Australian legal practitioner (however described)”.
[2] Section 57
Omit “such solicitor” wherever occurring.Insert instead “such Australian legal practitioner”.
Sections 20 (1) and 29 (2) (i)
Omit “a legal practitioner” wherever occurring.Insert instead “an Australian lawyer”.
Section 49 (3)
Omit “a legal practitioner”. Insert instead “an Australian lawyer”.
Schedule 4 Amendments consequential on the enactment of the Police Amendment (Miscellaneous) Act 2006 No 94
(Section 3)
Explanatory note
The proposed amendments update references to NSW Police as a consequence of the enactment of the Police Amendment (Miscellaneous) Act 2006 which renamed NSW Police as the NSW Police Force.
Clause 3 (1), definition of “executive position”
Omit “NSW Police” from paragraph (b) of the definition.Insert instead “NSW Police Force”.
Clause 3 (1), definition of “executive position”
Omit “NSW Police” from paragraph (b) of the definition.Insert instead “NSW Police Force”.
Clause 10 (1) (d) (i)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Schedule 2, Form 2
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clauses 3 (1), definition of “Registry”, 19 (3) and (4) (a) and 30
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Schedule 1 [29], proposed section 31A (1)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clause 28A
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Section 96 (1) and (2)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clauses 13 (1), 14 (1), 15 (1) and 16
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clause 5 (c) and Schedule 1, Form 1
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clauses 5, 12 and 13
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Schedule 1 [5], proposed section 26C (1) (i)
Omit the paragraph. Insert instead:(i) the NSW Police Force,
Clause 53 (2) (d)
Omit the paragraph. Insert instead:(d) the NSW Police Force,
Clauses 7, 13 (2), 21 (1), 66 (7), 86 (1), 99 (1) (r) and 101 (1)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Section 29 (2) (a)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clauses 18E (1) (l) (i) and 18F (1) (c)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
[1] Schedule 1, Part 4, clause 1, definition of “regulatory authority”
Omit paragraph (e) of the definition. Insert instead:(e) the NSW Police Force,
[2] Schedule 1, Part 5, clause 1 (1), definition of “regulatory authority”
Omit paragraph (e) of the definition. Insert instead:(e) the NSW Police Force,
Sections 10 (4) (b) and 12B (1)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clause 57A (3), definition of “law enforcement agency”
Omit paragraph (a) of the definition. Insert instead:(a) the NSW Police Force,
Clause 3 (1), definition of “emergency service”
Omit paragraph (d) of the definition. Insert instead:(d) the NSW Police Force,
Schedule 1, Form 9A
Insert “Force” after “NSW Police”.
Sections 17 (2) and 22 (2) (b)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clause 20, definition of “Police Medical Officer”
Omit “NSW Police”. Insert instead “the NSW Police Force”.
[1] Clause 12 (1), definition of “NSW Police”
Omit the definition. Insert instead:NSW Police Force has the same meaning as in the Police Act 1990.
[2] Clause 13 (a)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clause 60 (1), Note
Omit “NSW Police”. Insert instead “the NSW Police Force”.
[1] Clause 15 (b) (iv)
Omit the subparagraph. Insert instead:(iv) the NSW Police Force,
[2] Clause 42 (2) (d)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Schedule 1 [25], [27], [29], [33], [58] and [75]
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clauses 6 and 16 (2)
Omit “NSW Police Service” wherever occurring.Insert instead “NSW Police Force”.
Clause 3A
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clause 30C
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Schedule 3, clause 6 (2) (d)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Clause 15 (2) (m) (iv)
Omit “NSW Police”. Insert instead “the NSW Police Force”.
Schedule 6, Part A, clause 17 (a)
Insert “Force” after “NSW Police”.
Sections 3 (1), definition of “government agency”, 4 (b), 11 (3) (d) and 12 (2) (b), (c) and (h)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Clauses 14 (2) and 15 (2)
Omit “NSW Police” wherever occurring.Insert instead “the NSW Police Force”.
Schedule 5 Repeals
(Section 4)
Name of Act | Extent of repeal |
Schedule 1 [2], [4], [5], [9]–[17], [32], [35], [45], [46], [49]–[51], [53]–[79], [81], [83], [96]–[102], [104], [109]–[113], [116]–[118], [125], [129], [130], [132], [134], [135], [138] and [140]2 | |
Whole Act3 | |
Whole Act3 | |
Sections 3 and 52 | |
Section 96 and Schedule 32 | |
Whole Act1 | |
Whole Act3 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Schedule 1.1–1.10, 1.11 [1]–[19], [22] and [23], 1.13–1.232 | |
Sections 4–6 and Schedules 1 [1]–[4] and [6]–[14] and 2–42 | |
Section 4 and Schedules 1 [1]–[8], [10]–[14], [16]–[19], [21], [22], [24]–[30], [32]–[43] and [47]–[57], 2 and 3.1 and 3.22 | |
Section 4 and Schedules 1 [1]–[16] and [20]–[22] and 22 | |
Whole Act1 | |
Section 5 and Schedule 3.1–3.3, 3.5, 3.6 [1]–[6], 3.7–3.10, 3.11 [1]–[6], 3.12 [1]–[6] and [8]–[11], 3.13 [1]–[7] and 3.14–3.162 | |
Schedule 1 [6], [7], [9], [12], [13], [17], [18] and [22]–[27]2 | |
Whole Act1 | |
Section 5 and Schedule 1 [1], [2], [5], [11] and [12]2 | |
Section 72 and Schedule 22 | |
Section 240 and Schedule 42 | |
Schedule 12 | |
Section 4 and Schedules 1 [1]–[6], [8]–[11] and [13]–[33] and 22 | |
Whole Act1 | |
Whole Act1 | |
Schedules 1–4, 5 [1] and [2], 6–14, 16–18 and 19.6, 19.12, 19.20, 19.21 and 19.252 | |
Whole Act1 | |
Whole Act1 | |
Whole Act1 | |
Schedule 1.1 and 1.32 | |
Schedule 1 [16]–[26], [34]–[37], [44]–[48] and [53]2 | |
Section 3 and Schedules 1 and 2.1 [2] and 2.22 | |
Schedule 1 [5]–[7] and [80]2 | |
Section 4 and Schedules 1–5 and 6.4–6.72 | |
Section 4 and Schedule 22 | |
Section 4 and Schedule 22 | |
Whole Act1 | |
Section 22 and Schedule 22 | |
Sections 3, 4 and 7 and Schedules 1, 2, 3.1 [1]–[10] and [12]–[29] and 3.2 [2]–[4]2 |
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
3
indicates repeal of an Act that is 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) of that Act 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 6 General savings, transitional and other provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1, 2 or 4 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 (whether or not the amending provision has been repealed).(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, or(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 instruments
(1) Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.(2) The amendment of an instrument by this Act does not prevent its later amendment or repeal by another instrument.Explanatory noteSubclause (1) ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.Subclause (2) ensures that the amendment of an instrument by the proposed Act does not prevent its later amendment or repeal by another instrument.
5 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 proposed Act.