An Act to repeal certain Acts and instruments and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2011.
2 Commencement
(1) This Act commences on 6 January 2012 except as provided by subsection (2).(2) However, the amendments made by the Schedules to this Act 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 in accordance with subsection (1).
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Schedules 1–5 (Repealed)
Schedule 6 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1, 2 or 3 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1, 2 or 3 amendment concerned, taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).(2) In this clause:amending provision means a provision of an Act or instrument that makes a direct amendment to an Act or instrument by:(a) the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.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 Effect of amendment on instruments
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.Explanatory noteThis clause 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.
4 Revocation of repeal
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or instruments by this Act.Explanatory noteThe effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act or instrument or the provision of any Act or instrument repealed by the proposed Act. The Act or instrument or provision of an Act or instrument the subject of the revocation of repeal is taken not to be, and never to have been, repealed.
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 on the NSW legislation website, 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.
Notes
Index of Acts and instruments amended by Schedules 1–4
Aboriginal Land Rights Regulation 2002—Schedule 2
Albury Local Environmental Plan 2010—Schedule 2
Anti-Discrimination Act 1977 No 48—Schedule 3
Bail Act 1978 No 161—Schedule 3
Balranald Local Environmental Plan 2010—Schedule 2
Bellingen Local Environmental Plan 2010—Schedule 2
Building Professionals Act 2005 No 115—Schedule 1
Casino Control Act 1992 No 15—Schedule 3
Civil Liability Act 2002 No 22—Schedule 4
Community Land Management Act 1989 No 202—Schedule 1
Companion Animals Act 1998 No 87—Schedule 1
Conversion of Cemeteries Act 1974 No 17—Schedule 4
Coolamon Local Environmental Plan 2011—Schedule 2
Coonamble Local Environmental Plan 2011—Schedule 2
Crimes (Forensic Procedures) Act 2000 No 59—Schedule 3
Crimes (Sentencing Procedure) Act 1999 No 92—Schedule 3
Criminal Procedure Act 1986 No 209—Schedule 3
Criminal Records Act 1991 No 8—Schedule 3
Crown Lands Act 1989 No 6—Schedule 4
Drug Misuse and Trafficking Act 1985 No 226—Schedule 3
Duties Act 1997 No 123—Schedule 2
Environmental Planning and Assessment Act 1979 No 203—Schedules 1 and 2
Explosives Act 2003 No 39—Schedule 1
Fines Act 1996 No 99—Schedules 2 and 3
Fire Brigades Act 1989 No 192—Schedule 3
First State Superannuation Act 1992 No 100—Schedule 3
Harden Local Environmental Plan 2011—Schedule 2
Health Care Complaints Act 1993 No 105—Schedule 1
Health Records and Information Privacy Act 2002 No 71—Schedules 1 and 3
Health Services Act 1997 No 154—Schedule 2
Health Services Regulation 2008—Schedule 2
Industrial Relations Act 1996 No 17—Schedule 3
Innovation Council Act 1996 No 77—Schedule 1
Jury Act 1977 No 18—Schedule 3
Land and Environment Court Act 1979 No 204—Schedule 2
Liquor Regulation 2008—Schedule 2
Liverpool Local Environmental Plan 2008—Schedule 2
Marine Safety Act 1998 No 121—Schedule 2
Meat Industry Act 1978 No 54—Schedule 3
Motor Accidents Act 1988 No 102—Schedule 3
Motor Accidents Compensation Act 1999 No 41—Schedule 3
Motor Dealers Act 1974 No 52—Schedule 3
Motor Vehicle Repairs Act 1980 No 71—Schedule 3
Nambucca Local Environmental Plan 2010—Schedule 2
National Parks and Wildlife Act 1974 No 80—Schedule 1
Poisons and Therapeutic Goods Act 1966 No 31—Schedule 2
Police Superannuation Regulation 2010—Schedule 3
Property, Stock and Business Agents Act 2002 No 66—Schedules 1 and 3
Public Finance and Audit Act 1983 No 152—Schedule 2
Public Interest Disclosures Act 1994 No 92—Schedule 3
Public Works Act 1912 No 45—Schedule 4
Residential Parks Act 1998 No 142—Schedules 1 and 2
Residential Tenancies Act 2010 No 42—Schedule 1
Retirement Villages Act 1999 No 81—Schedules 1 and 2
Road Transport (Vehicle Registration) Act 1997 No 119—Schedules 1 and 2
Roads Act 1993 No 33—Schedule 1
Rural Fires Act 1997 No 65—Schedule 3
Rural Lands Protection Act 1998 No 143—Schedule 2
Security Industry Act 1997 No 157—Schedule 1
State Emergency and Rescue Management Act 1989 No 165—Schedules 1 and 3
Strata Schemes Management Act 1996 No 138—Schedule 1
Strata Schemes Management Regulation 2010—Schedule 2
Subordinate Legislation Act 1989 No 146—Schedule 4
Summary Offences Act 1988 No 25—Schedule 2
Superannuation Act 1916 No 28—Schedules 1, 2 and 3
Sydney Olympic Park Authority Act 2001 No 57—Schedule 1
Sydney Water Act 1994 No 88—Schedule 2
Totalizator Act 1997 No 45—Schedule 3
Tow Truck Industry Act 1998 No 111—Schedule 3
Transport Administration Act 1988 No 109—Schedule 3
Unlawful Gambling Act 1998 No 113—Schedule 3
Valuers Regulation 2010—Schedule 2
Victims Rights Act 1996 No 114—Schedule 3
Water Management Act 2000 No 92—Schedules 1 and 4
Water Management Amendment Act 2010 No 133—Schedule 1
Water Management (General) Regulation 2011—Schedule 1
Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial Water Sources 2011—Schedule 2
Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011—Schedule 2
Water Sharing Plan for the North Western Unregulated and Fractured Rock Water Sources 2011—Schedule 2
Weapons Prohibition Act 1998 No 127—Schedule 3
Witness Protection Act 1995 No 87—Schedule 3
Woollahra Local Environmental Plan 1995—Schedule 2
Workers Compensation Act 1987 No 70—Schedule 2
Young Local Environmental Plan 2010—Schedule 2
Index of Acts and instruments wholly repealed by Schedule 5
Index of Acts and instruments partly repealed by Schedule 5