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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill 2008
No , 2008
A Bill for
An Act to repeal certain Acts and statutory 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.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent, except as provided by this 5
section. 6
(2) The amendments made by Schedules 1-3 commence on the day or days 7
specified in those Schedules in relation to the amendments concerned. 8
If a commencement day is not specified, the amendments commence on 9
the date of assent. 10
3 Amendments 11
The Acts and instruments specified in Schedules 1-3 are amended as set 12
out in those Schedules. 13
4 Repeals 14
(1) Each Act or statutory instrument specified in Part 1 or 2 of Schedule 4 15
is repealed. 16
(2) Each Act or instrument specified in Part 3 of Schedule 4 is, to the extent 17
indicated in that Part, repealed. 18
5 General savings, transitional and other provisions 19
Schedule 5 has effect. 20
6 Explanatory notes 21
The matter appearing under the heading "Explanatory note" in any of 22
the Schedules does not form part of this Act. 23
7 Repeal of provisions of Act 24
(1) Sections 3 and 4 and Schedules 1-4 are repealed on the day following 25
the day on which all of the provisions of this Act have commenced. 26
(2) The repeal of Schedules 1-4 does not, because of the operation of 27
section 30 of the Interpretation Act 1987, affect any amendment made 28
by those Schedules. 29
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
(Section 3) 2
1.1 Aboriginal Land Rights Act 1983 No 42 3
Schedule 4 Savings, transitional and other provisions 4
Omit ", after 18 months after the commencement of this clause" from 5
clause 45 (2). 6
Insert instead "on or after 1 July 2010". 7
Explanatory note 8
Under section 52B of the Aboriginal Land Rights Act 1983 (the Act), which commenced 9
on 1 July 2007, a Local Aboriginal Land Council may provide, but only in accordance 10
with an approval of the New South Wales Aboriginal Land Council, community benefits 11
by operating a social housing scheme for Aboriginal persons in its area. Approval must 12
not be given unless the social housing scheme satisfies various specified criteria, 13
including that it is consistent with the community, land and business plan of the Local 14
Aboriginal Land Council and that the income from the scheme will be sufficient to meet 15
its expenses including long term maintenance requirements. 16
Clause 45 of Schedule 4 to the Act provides that any existing social housing scheme 17
must not be operated after 18 months from the commencement of that clause unless it 18
has been approved or, with the approval of the New South Wales Aboriginal Land 19
Council, arrangements have been made for it to be operated by another person or 20
body. The proposed amendment has the effect of extending the transitional time frame 21
for an approval or other arrangements by a further 18 months to 30 June 2010. 22
1.2 Agricultural Industry Services Act 1998 No 45 23
[1] Section 3 Definitions 24
Omit the definition of inspector. Insert instead: 25
inspector means a person appointed by the Director-General 26
under section 41A. 27
[2] Section 41A 28
Omit the section. Insert instead: 29
41A Appointment of inspectors 30
(1) The Director-General may appoint any person to be an inspector 31
for the purposes of this Act. 32
(2) The Director-General may, in and by the instrument of an 33
inspector's appointment, limit the functions that the inspector 34
may exercise under this Act. 35
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
(3) An inspector is, to the extent to which the inspector is exercising 1
functions as an inspector under this Act, subject to the control and 2
direction of the Director-General. 3
[3] Schedule 4 Savings, transitional and other provisions 4
Insert (with appropriate numbering) at the end of the Schedule: 5
Part Provision consequent on enactment of 6
Statute Law (Miscellaneous Provisions) 7
Act 2008 8
Inspectors 9
Any person who, immediately before the substitution of 10
section 41A by the Statute Law (Miscellaneous Provisions) Act 11
2008, was an inspector under this Act is taken to have been 12
appointed as an inspector under that section as so substituted. 13
Explanatory note 14
Item [2] of the proposed amendments to the Agricultural Industry Services Act 1998 15
(the Act) allows the Director-General of the Department of Primary Industries to 16
appoint any person (rather than the Minister for Primary Industries appointing members 17
of the Government Service, as is currently the case) to be an inspector for the purposes 18
of the Act. Under the proposed provision, inspectors are to be subject to the control and 19
direction of the Director-General in exercising their functions as an inspector under the 20
Act. Item [1] makes a consequential amendment. 21
Item [3] of the proposed amendments inserts a savings and transitional provision. 22
1.3 Australian Museum Trust Act 1975 No 95 23
[1] Section 6 Appointment and procedure 24
Omit "9 trustees" from section 6 (1). Insert instead "11 trustees". 25
[2] Section 8 Powers of Trust 26
Insert at the end of section 8 (1) (g) (ii): 27
and 28
(iii) any matter for which the Trust determines fees are 29
payable under subsection (9A), 30
[3] Section 8 (9A)-(9C) 31
Insert after section 8 (9): 32
(9A) The Trust may from time to time determine the following: 33
(a) the fees payable for admission to the Australian Museum 34
or any part of the Museum, 35
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
(b) the fees payable for the photographing of exhibits for 1
commercial purposes. 2
(9B) Fees may differ according to such factors as the Trust may 3
determine. 4
(9C) The Trust may exempt any person or class of persons from 5
paying any fee. 6
[4] Section 19 Regulations 7
Omit section 19 (1) (d) (i) and (ii). 8
[5] Schedule 1 Composition and procedure of the Trust 9
Insert at the end of clause 1 (b): 10
, and 11
(c) at least 1 person who has knowledge of, or experience in, 12
Australian Indigenous culture. 13
[6] Schedule 1, clause 9 (2) and (3) 14
Omit the subclauses. 15
[7] Schedule 1, clause 9 (5) 16
Omit "Five trustees". Insert instead "Six trustees". 17
[8] Schedule 3 Savings and other provisions 18
Insert at the end of the Schedule: 19
6 Provision consequent on enactment of Statute Law 20
(Miscellaneous Provisions) Act 2008 21
The amendment to section 6 made by the Statute Law 22
(Miscellaneous Provisions) Act 2008 does not affect the 23
appointment or term of office of a person who held office as a 24
trustee immediately before the amendment took effect. 25
Repeal 26
Clause 5 of the Australian Museum Trust Regulation 2003 is repealed on the date of 27
assent to this Act. 28
Explanatory note 29
Section 6 of the Australian Museum Trust Act 1975 (the Act) provides that the 30
Australian Museum Trust (the Trust) is to consist of 9 trustees appointed by the 31
Governor on the nomination of the Minister. Clause 9 of Schedule 1 to the Act provides 32
that the quorum for meetings of the Trust is five trustees. 33
Item [1] of the proposed amendments increases the number of trustees to 11. Item [7] 34
of the proposed amendments consequently increases the quorum for meetings of the 35
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Trust to 6 trustees. Item [8] of the proposed amendments inserts a transitional provision 1
relating to the amendment proposed to be made by item [1]. 2
Item [5] of the proposed amendments inserts an additional requirement relating to the 3
composition of the Trust, namely, that the trustees must include at least 1 person who 4
has knowledge of, or experience in, Australian Indigenous culture. (Currently, the Act 5
requires the trustees to include at least 1 person with knowledge of, or experience in, 6
science, and at least one person with knowledge of, or experience in, education.) 7
Item [6] of the proposed amendments omits spent provisions that required the Minister 8
to call the first meeting of the Trust by giving notice to the first 8 trustees of the Trust 9
and that dealt with the conduct of the first meeting of the Trust. 10
Clause 5 of the Australian Museum Trust Regulation 2003 (the Regulation) allows the 11
Trust to determine the fees payable for admission to the Australian Museum and for 12
photographing Museum exhibits for commercial purposes. 13
Item [3] of the proposed amendments transfers the provisions of clause 5 of the 14
Regulation into the section of the Act dealing with powers of the Trust. Items [2] and [4] 15
make consequential amendments. Clause 5 of the Regulation is repealed on the date 16
of assent to this Act. 17
1.4 Births, Deaths and Marriages Registration Act 1995 No 62 18
[1] Section 28 Application to register change of child's name 19
Omit section 28 (2). Insert instead: 20
(2) If the parents of a child are dead, cannot be found or for some 21
other reason cannot exercise their parental responsibilities in 22
relation to a child, an application for registration of a change of 23
the child's name may be made, in a form approved by the 24
Registrar, by a person to whom a court within Australia has 25
allocated: 26
(a) parental responsibility for the child, or 27
(b) specific aspects of parental responsibility for the child so 28
long as the making of the application is not outside the 29
scope of the aspects allocated. 30
(2A) If there is more than one such person, an application may be made 31
under subsection (2) only as a joint application of those persons. 32
[2] Section 28 (6) 33
Omit the subsection. Insert instead: 34
(6) In this section: 35
parental responsibility, in relation to a child, means all the duties, 36
powers, responsibilities and authority which, by law, parents 37
have in relation to their children. 38
[3] Section 49 Issue of certificate 39
Omit "Registrar-General" from section 49 (5). Insert instead "Registrar". 40
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
Explanatory note 1
Section 28 (2) of the Births, Deaths and Marriages Registration Act 1995 (the Act) 2
enables a child's primary care-giver to apply to the Registrar of Births, Deaths and 3
Marriages for registration of a change of the child's name where the parents of the child 4
cannot exercise their parental responsibilities in relation to the child (for example, 5
where they are dead). 6
Items [1] and [2] of the proposed amendments ensure that: 7
(a) only a person who has been allocated parental responsibility (or relevant 8
aspects of parental responsibility) for the child will be able to make an 9
application under section 28 (2) of the Act, and 10
(b) if there is more than one such person, such an application may only be made 11
as a joint application of all of those persons. 12
Item [3] of the proposed amendments corrects a reference to an office. 13
1.5 Conveyancers Licensing Act 2003 No 3 14
[1] Section 95 Powers of a manager 15
Insert after section 95 (1) (c): 16
(c1) wind up the affairs of the business, and 17
[2] Section 95 (1) (e) 18
Insert "or winding up" after "conduct". 19
Explanatory note 20
Section 95 of the Conveyancers Licensing Act 2003 (the Act) sets out the powers of a 21
manager (appointed by the Director-General under the Act) to operate a licensee's 22
business if the licensee is no longer able to operate the business. These powers 23
include the power to carry out work on behalf of existing or new clients of the business 24
and to dispose of property in relation to the business. The proposed amendments 25
specify that a manager also has the power to wind up the affairs of the business and 26
incur expenses that are reasonably related to the winding up of the business. 27
1.6 Dental Practice Act 2001 No 64 28
Section 109 Staff 29
Omit "the Health Administration Corporation" from section 109 (2). 30
Insert instead "the Director-General". 31
Explanatory note 32
Section 109 of the Dental Practice Act 2001 (the Act) allows the Dental Board (the 33
Board) to employ such staff as may be necessary to enable the Board to exercise its 34
functions. The section requires the Board to concur with the Health Administration 35
Corporation (the HAC) (whose functions, before 17 March 2006, included employer 36
functions) in fixing the salary, wages, allowances and conditions of employment of such 37
staff in so far as they are not fixed by any other Act or law. 38
On 17 March 2006, the employer functions of the HAC were removed and are currently 39
exercised (in relation to staff who are members of the NSW Health Service) by the 40
Director-General of the Department of Health. 41
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Accordingly, the proposed amendment to the Act substitutes the Director-General for 1
the HAC as the entity with whom the Board must concur for the purposes of section 109 2
of the Act. 3
1.7 Fines Act 1996 No 99 4
Section 36 How person may elect to have matter dealt with by court 5
Insert "or other electronic" after "facsimile" in section 36 (3). 6
Explanatory note 7
Under section 36 of the Fines Act 1996, a person may elect to have a penalty notice 8
matter dealt with by a court by serving on an appropriate person a written statement 9
that the person so elects. The section currently allows the statement to be served 10
electronically only by facsimile. The proposed amendment allows the statement to be 11
served by any means of electronic transmission. 12
1.8 First State Superannuation Act 1992 No 100 13
Schedule 1 Employers 14
Omit the matter relating to the Electricity Association of New South Wales 15
from the Schedule. 16
Commencement 17
The amendment to the First State Superannuation Act 1992 commences on the date 18
on which an order made under clause 3 of Schedule 1 to the Local Government 19
Associations Incorporation Act 1974, as inserted by this Schedule, takes effect. 20
Explanatory note 21
The proposed amendment to the First State Superannuation Act 1992 is consequential 22
on the proposed amendments to the Local Government Associations Incorporation 23
Act 1974 referred to elsewhere in this Schedule. 24
1.9 Forestry Act 1916 No 55 25
[1] Section 27A Timber licences 26
Insert "is the term specified in the licence, but the term" after "timber licence" 27
in section 27A (2). 28
[2] Section 27A (2) 29
Omit "shall" wherever occurring. Insert instead "must". 30
[3] Sections 27A (3), 27B (3) and 27C (3) 31
Omit "shall" wherever occurring. Insert instead "are to". 32
[4] Section 27B Products licences 33
Omit "shall be" from section 27B (2). Insert instead "is". 34
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[5] Section 27C Forest materials licences 1
Omit section 27C (2). Insert instead: 2
(2) The term of a forest materials licence is the term specified in the 3
licence, but the term: 4
(a) must not exceed 5 years without the prior written approval 5
of the Minister, and 6
(b) must not, in any event, exceed 20 years. 7
Explanatory note 8
The Forestry Act 1916 (the Act) currently allows the Forestry Commission to issue 9
forest materials licences of up to 5 years duration, and timber licences of up to 5 years 10
duration, or of between 5 and 20 years duration with the approval of the Minister. A 11
timber licence authorises the holder to take timber on Crown-timber lands (being land 12
within a State forest or flora reserve and Crown lands except for certain tenured Crown 13
lands). A forest materials licence authorises the holder to take forest materials (being 14
rock, stone, clay, shells, earth, sand, gravel or any like material) from a State forest. 15
The taking of timber and forest materials under these licences is subject to various 16
restrictions contained in the Act and the regulations and in the conditions and 17
limitations of the licence concerned. 18
Item [5] of the proposed amendments extends the term for which a forest materials 19
licence may be issued, in line with the term for which a timber licence may be issued, 20
under the Act. 21
Item [1] of the proposed amendments amends section 27A (2) to make it clear that the 22
term of a timber licence is the term (otherwise in accordance with the requirements of 23
that provision) that is specified in the licence (as is the case with forest materials 24
licences and products licences under the Act). 25
Items [2]-[4] of the proposed amendments replace references to "shall" with plainer 26
language. 27
1.10 Forestry and National Park Estate Act 1998 No 163 28
[1] Section 14 Making of agreements 29
Omit section 14 (2). Insert instead: 30
(2) The parties to a forest agreement are to be the Minister for 31
Climate Change and the Environment and the Minister for 32
Primary Industries. 33
[2] Sections 21 (2) and 22 (3) and (6) 34
Omit "Department of Natural Resources" wherever occurring. 35
Insert instead "Department of Environment and Climate Change". 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[3] Section 22 Public notice and public availability of agreements, 1
assessment documents, approvals and reports 2
Omit "each regional office of the Department of Natural Resources" from 3
section 22 (2). 4
Insert instead "the appropriate regional office of the Department of 5
Environment and Climate Change (as determined by the head of the 6
Department)". 7
[4] Section 23 Committees of advice--forest landscape management 8
Omit "Minister administering the Environmental Planning and Assessment 9
Act 1979" from section 23 (1). 10
Insert instead "Minister". 11
[5] Section 27 Approvals to be granted jointly by relevant Ministers 12
Omit section 27 (1). Insert instead: 13
(1) An integrated forestry operations approval may only be granted 14
jointly by the Minister for Climate Change and the Environment 15
and the Minister for Primary Industries. 16
Explanatory note 17
Items [1], [4] and [5] of the proposed amendments to the Forestry and National Park 18
Estate Act 1998 (the Act) update ministerial references as a consequence of the Public 19
Sector Employment and Management (General) Order 2007 and the Public Sector 20
Employment and Management (Climate Change, Environment and Water) Order 2008. 21
Item [2] of the proposed amendments updates references in the Act to the Department 22
of Natural Resources, which has been abolished. 23
Item [3] of the proposed amendments replaces the requirement that copies of forest 24
agreements and integrated forestry operations approvals be made available for public 25
inspection at every regional office with a provision that directs that copies be available 26
at the appropriate regional offices as determined by the head of Department of 27
Environment and Climate Change (DECC). All forest agreements and integrated 28
forestry operations approvals are currently made available for public inspection at the 29
head office of DECC and on the Internet. 30
1.11 Guardianship Act 1987 No 257 31
[1] Section 49 Constitution of the Tribunal 32
Insert "at least" before "one" in section 49 (4) (b). 33
[2] Sections 51A (4), 51B (d) and (e), 69 (3) and 72 34
Omit "the Deputy President" wherever occurring. 35
Insert instead "a Deputy President". 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[3] Section 51B Presiding member of Tribunal 1
Omit section 51B (c). Insert instead: 2
(c) if the Tribunal is so constituted as not to include the 3
President of the Tribunal but is so constituted as to include 4
a Deputy President of the Tribunal--that Deputy President 5
of the Tribunal, or 6
(c1) if the Tribunal is so constituted as not to include the 7
President of the Tribunal but is so constituted as to include 8
more than one Deputy President of the Tribunal--the 9
Deputy President of the Tribunal that the President of the 10
Tribunal nominates, or 11
[4] Sections 54 (3), 60, 67D (1) (a) and 68 (1A) (a) 12
Omit "Deputy President" wherever occurring. 13
Insert instead "a Deputy President". 14
[5] Section 75 Rules 15
Omit "(who shall include the President or the Deputy President, or both)" from 16
section 75 (1). 17
[6] Section 75 (1A) 18
Insert after section 75 (1): 19
(1A) The members so nominated must include: 20
(a) the President, or 21
(b) a Deputy President, 22
but may include both the President and one or more Deputy 23
Presidents. 24
[7] Schedule 1 Provisions relating to the Tribunal 25
Insert "a" after "The President or" in clause 3 (1). 26
[8] Schedule 1, clause 3 (2) 27
Omit "The Deputy President". Insert instead "A Deputy President". 28
[9] Schedule 1, clause 3 (2) (a) (i) 29
Omit "the Deputy President". Insert instead "that Deputy President". 30
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[10] Schedule 1, clause 3 (2A) 1
Insert after clause 3 (2): 2
(2A) Subject to any delegation under clause 4, if there is more than one 3
Deputy President of the Tribunal, the Deputy President who is to 4
exercise the President's functions under this clause is: 5
(a) if there is only one Deputy President appointed on a 6
full-time basis--that Deputy President, or 7
(b) if there is more than one Deputy President appointed on a 8
full-time basis or there is no Deputy President appointed 9
on a full-time basis--the Deputy President with the earliest 10
date of appointment as Deputy President. 11
[11] Schedule 1, clause 3 (3) and (5) 12
Omit "the Deputy President" where firstly occurring in clause 3 (3) and 13
wherever occurring in clause 3 (5). 14
Insert instead "a Deputy President". 15
[12] Schedule 1, clause 3 (3) 16
Omit "the Deputy President" where secondly occurring. 17
Insert instead "that Deputy President". 18
[13] Schedule 1, clause 3 (4) 19
Omit the subclause. Insert instead: 20
(4) While a Deputy President of the Tribunal exercises the 21
President's functions, that Deputy President is taken to be the 22
President. 23
[14] Schedule 1, clause 4 24
Omit "the Deputy President". Insert instead "any Deputy President". 25
Explanatory note 26
Item [1] of the proposed amendments to the Guardianship Act 1987 will enable the 27
Governor to appoint more than one Deputy President of the Guardianship Tribunal. 28
Items [2]-[9] and [11]-[14] are consequential amendments. 29
Item [10] of the proposed amendments provides that where there is more than one 30
Deputy President appointed, the Deputy President who will exercise the President's 31
functions in the absence of a delegation by the President will be determined according 32
to whether there is a Deputy President appointed on a full-time basis and, if necessary, 33
according to which Deputy President has the earliest date of appointment as Deputy 34
President. 35
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
1.12 Licensing and Registration (Uniform Procedures) Act 2002 1
No 28 2
[1] Schedule 1 Licences to which Part 2 of Act applies 3
Omit "section 133A (1) (d), trapper's licence" from the matter relating to the 4
National Parks and Wildlife Act 1974. 5
Insert instead "section 133A (1) (d), commercial fauna harvester's licence". 6
[2] Schedule 4 Amendment of other Acts and statutory rules 7
Omit "An authorised officer" from proposed section 133A (1) in Schedule 4.9. 8
Insert instead "The Director-General". 9
[3] Schedule 4.9 10
Omit "trappers' licences" from proposed section 133A (1) (d). 11
Insert instead "commercial fauna harvesters' licences". 12
Explanatory note 13
The proposed amendments to the Licensing and Registration (Uniform Procedures) 14
Act 2002 are consequential on items [2] and [10]-[15] of the proposed amendments to 15
the National Parks and Wildlife Act 1974 referred to elsewhere in this Schedule. Those 16
amendments: 17
(a) replace references to an "authorised officer" in Part 9 of that Act (Licensing in 18
respect of fauna, native plants and threatened species) with references to the 19
Director-General of the Department of Environment and Climate Change, and 20
(b) change the name of a trapper's licence under that Act to a commercial fauna 21
harvester's licence. 22
1.13 Liquor Act 2007 No 90 23
[1] Section 33 Wine producers 24
Omit section 33 (3) (b). Insert instead: 25
(b) in the case only of wine--it is uniquely the licensee's (or a 26
related corporation of the licensee's) own product, but 27
only if that product contains not less than a percentage of 28
wine, as prescribed by the regulations, that has been 29
produced: 30
(i) by or under the direction of the licensee (or a related 31
corporation of the licensee) on the licensed premises 32
or a vineyard related to the licensed premises, or 33
(ii) on the licensee's behalf from fruit grown on the 34
licensed premises or a vineyard related to the 35
licensed premises. 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[2] Section 33 (4) (b) 1
Omit "is contiguous with the licensed premises or". 2
[3] Section 34 Small-scale producers of beer, spirits etc in non-metropolitan 3
areas 4
Omit "Areas of Newcastle" from section 34 (3) (b). 5
Insert instead "Area of Newcastle". 6
Explanatory note 7
Section 33 of the Liquor Act 2007 (the Act) authorises licensed wine producers to sell 8
the licensee's product in a number of ways, including take-away sales and for "tastings" 9
on the licensed premises. The definition of licensee's product requires the wine to 10
have been produced from fruit grown on the licensed premises or a related vineyard 11
(that is, a vineyard operated by the licensee and that is nearby the licensed premises). 12
The requirement for the fruit to be grown on the licensed premises or a related vineyard 13
does not currently apply to licensed vignerons under section 22 of the Liquor Act 1982 . 14
Item [1] of the proposed amendments will restore existing arrangements so that a 15
licensed wine producer will be able to sell wine that is produced on the licensed 16
premises regardless of whether it is made from fruit grown on those premises. 17
Section 33 (4) (b) of the Act currently defines a vineyard as being related to licensed 18
premises if it "is contiguous with the licensed premises or is within 500 metres of the 19
licensed premises". Item [2] of the proposed amendments omits the reference to the 20
vineyard being contiguous as a vineyard within 500 metres of licensed premises is 21
necessarily contiguous with those premises. 22
Item [3] of the proposed amendments corrects a typographical error. 23
1.14 Local Government Associations Incorporation Act 1974 24
No 20 25
[1] Sections 14 and 15 26
Insert after section 13: 27
14 Regulations 28
The Governor may make regulations, not inconsistent with this 29
Act, for or with respect to any matter that by this Act is required 30
or permitted to be prescribed or that is necessary or convenient to 31
be prescribed for carrying out or giving effect to this Act. 32
15 Savings, transitional and other provisions 33
Schedule 1 has effect. 34
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[2] Schedule 1 1
Insert at the end of the Act: 2
Schedule 1 Savings, transitional and other 3
provisions 4
(Section 15) 5
Part 1 General 6
1 Regulations 7
(1) The regulations may contain provisions of a savings or 8
transitional nature consequent on the enactment of the following 9
Acts: 10
Statute Law (Miscellaneous Provisions) Act 2008, to the extent 11
that it amends this Act 12
(2) Any such provision may, if the regulations so provide, take effect 13
from the date of assent to the Act concerned or a later date. 14
(3) To the extent to which any such provision takes effect from a date 15
that is earlier than the date of its publication in the Gazette, the 16
provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than 18
the State or an authority of the State), the rights of that 19
person existing before the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or 21
an authority of the State) in respect of anything done or 22
omitted to be done before the date of its publication. 23
Part 2 Abolition of Electricity Association of New 24
South Wales 25
2 Definitions 26
In this Part: 27
abolition order--see clause 3 (1). 28
assets means any legal or equitable estate or interest (whether 29
present or future, whether vested or contingent and whether 30
personal or assignable) in real or personal property of any 31
description (including money), and includes securities, choses in 32
action and documents. 33
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Electricity Association means the Electricity Association of New 1
South Wales. 2
liabilities means any liabilities, debts or obligations (whether 3
present or future, whether vested or contingent and whether 4
personal or assignable). 5
rights means any rights, powers, privileges or immunities 6
(whether present or future, whether vested or contingent and 7
whether personal or assignable). 8
3 Minister may abolish Electricity Association 9
(1) The Minister may, by order published in the Gazette (an abolition 10
order), abolish the Electricity Association. 11
(2) The Minister may make an abolition order only if: 12
(a) the Electricity Association has requested, in writing, that 13
the Minister make the order, and 14
(b) the Minister for Energy has consented to the making of the 15
order. 16
(3) An abolition order has effect from the day that the order is 17
published in the Gazette or on such later day as may be specified 18
in the order. 19
4 Provisions consequent on abolition of Electricity Association 20
(1) A person who immediately before the abolition of the Electricity 21
Association held office as a member of the Electricity 22
Association: 23
(a) ceases to hold that office on the abolition of the 24
Association, and 25
(b) is not entitled to any remuneration or compensation 26
because of the loss of that office. 27
(2) On the day on which an abolition order has effect the assets, 28
rights and liabilities of the Electricity Association become the 29
assets, rights and liabilities of the Crown. 30
5 Amendment of this Act consequent on abolition of Electricity 31
Association 32
On the day on which an abolition order has effect, this Act is 33
amended by: 34
(a) inserting "and" after "New South Wales," in section 2 35
(a) (ii), and 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
(b) omitting sections 2 (a) (iii) and 4 (3)-(9). 1
Explanatory note 2
The Electricity Association of New South Wales (the Association) was formed 3
when councils joined together to exercise certain powers in relation to electricity 4
distribution. In 2001 the Association wound back its operations and now the 5
Association does not have an office or any staff. The Association's executive 6
has decided to wind up the Association. 7
Currently, the Local Government Associations Incorporation Act 1974 (the Act) 8
does not provide a mechanism for the abolition of the Association. The purpose 9
of the proposed amendments is to provide such a mechanism. 10
Item [2] inserts proposed Schedule 1 into the Act. Proposed clause 3 of that 11
Schedule provides a mechanism for abolishing the Association by enabling the 12
Minister to make an order abolishing the Association if the Association has 13
requested that the Minister make such an order and the Minister for Energy 14
consents to the making of the order. The proposed Schedule also contains 15
consequential savings and transitional provisions (proposed clauses 2, 4 and 5) 16
and allows for the making of transitional regulations (proposed clause 1). 17
Item [1] inserts a regulation-making power into the Act and a machinery 18
provision to give effect to proposed Schedule 1. 19
1.15 Medical Practice Act 1992 No 94 20
Section 142 Staff of the Board 21
Omit "the Health Administration Corporation" from section 142 (2). 22
Insert instead "the Director-General". 23
Explanatory note 24
Section 142 of the Medical Practice Act 1992 (the Act) allows the New South Wales 25
Medical Board (the Board) to employ such staff as may be required to enable the 26
Board to exercise its functions. The section requires the Board to concur with the 27
Health Administration Corporation (the HAC) (whose functions, before 17 March 2006, 28
included employer functions) in fixing the salary, wages, allowances and conditions of 29
employment of such staff in so far as they are not fixed by any other Act or law. 30
On 17 March 2006, the employer functions of the HAC were removed and are currently 31
exercised (in relation to staff who are members of the NSW Health Service) by the 32
Director-General of the Department of Health. 33
Accordingly, the proposed amendment to the Act substitutes the Director-General for 34
the HAC as the entity with whom the Board must concur for the purposes of section 142 35
of the Act. 36
1.16 National Parks and Wildlife Act 1974 No 80 37
[1] Section 21 38
Omit the section. Insert instead: 39
21 Delegation 40
(1) The Minister may delegate the exercise of any function of the 41
Minister under this Act (other than this power of delegation) to: 42
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
(a) the Director-General, or 1
(b) a member of staff of the Department of Environment and 2
Climate Change, or 3
(c) a board of management, or 4
(d) any person, or any class of persons, authorised for the 5
purposes of this subsection by the regulations. 6
(2) The Director-General may delegate the exercise of any function 7
of the Director-General under this Act (other than this power of 8
delegation) to: 9
(a) a member of staff of the Department of Environment and 10
Climate Change, or 11
(b) a board of management, or 12
(c) any person, or any class of persons, authorised for the 13
purposes of this subsection by the regulations. 14
[2] Sections 45 (3) (a), 56 (3) (a), 58Q (3) (a), 70 (3) (a), 98 (3) (a), 103 (2), 15
121 (1) (b) and 129 (a) and (b) 16
Omit "trapper's licence" wherever occurring. 17
Insert instead "commercial fauna harvester's licence". 18
[3] Section 69A Definitions 19
Omit the definition of Trust from section 69A (1). 20
[4] Section 69B Conservation agreements 21
Omit ", or the Minister and the Trust (but not the Trust alone)," from section 22
69B (1). 23
[5] Section 69B (1A) and (1B) 24
Omit the subsections. 25
[6] Section 69C Purpose and content of agreements 26
Omit "or the Trust, or both the Minister and the Trust" from section 69C (3) 27
where firstly occurring. 28
[7] Section 69C (3) 29
Omit "or the Trust, or both the Minister and the Trust severally," wherever 30
occurring. 31
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[8] Section 69I Proposals by statutory authorities affecting conservation 1
areas 2
Omit ", or both the Minister and the Trust, as appropriate" from section 3
69I (5). 4
[9] Section 119 Definition 5
Omit the definition of authorised officer. 6
[10] Sections 120 (1), 121 (1), 123 (1), 124 (1) and (3), 125 (1) and (3), 125A, 7
126 (1) and (2), 127, 128 (1), 131 (1), 132, 132A (1) and (2), 132C (1) and 8
133 (2) and (3) 9
Omit "An authorised officer" wherever occurring. 10
Insert instead "The Director-General". 11
[11] Section 123 Commercial fauna harvester's licence 12
Omit "trapper's licence" from section 123 (1). 13
Insert instead "commercial fauna harvester's licence". 14
[12] Section 123 (2) and (3) 15
Omit "trapper's licence" wherever occurring. 16
Insert instead "commercial fauna harvester's licence". 17
[13] Section 133 Conditions and restrictions attaching to licences and 18
certificates and variation of licences and certificates 19
Omit "the authorised officer" from section 133 (2). 20
Insert instead "the Director-General". 21
[14] Section 133 (3) (b) 22
Omit "by any authorised officer". 23
[15] Section 135 Appeal 24
Omit "an authorised officer" from section 135 (1). 25
Insert instead "the Director-General". 26
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[16] Schedule 3 Savings, transitional and other provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provisions consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act 2008 5
Definition 6
In this Part, amending Act means the Statute Law (Miscellaneous 7
Provisions) Act 2008. 8
Saving of delegations 9
Any delegation made under section 21 by the Minister or the 10
Director-General and in force immediately before the 11
substitution of that section by the amending Act continues to 12
have effect as if it were a delegation made by the Minister or the 13
Director-General under section 21 as substituted, but may be 14
revoked at any time by the Minister or the Director-General, as 15
appropriate. 16
Saving of trapper's licences 17
Any trapper's licence in force immediately before the 18
commencement of the amending Act is taken to be a commercial 19
fauna harvester's licence in force under section 123. 20
Saving of certain licences and certificates issued by authorised 21
officers under Part 9 22
A licence or certificate issued by an authorised officer under 23
Part 9 of the Act, and a condition or restriction attached to such a 24
licence or certificate, that was in force immediately before that 25
Part was amended by the amending Act is taken to have been 26
issued or attached by the Director-General. 27
Explanatory note 28
Item [1] of the proposed amendments to the National Parks and Wildlife Act 1974 (the 29
Act) substitutes section 21 of the Act to clarify to whom the Minister for Climate Change 30
and the Environment and the Director-General of the Department of Environment and 31
Climate Change (DECC) may delegate their functions under the Act (by replacing 32
references to an officer of or an office holder in the now dissolved National Parks and 33
Wildlife Service with a reference to a member of staff of DECC) and to expand their 34
delegation powers by allowing delegation to a board of management established for 35
Aboriginal land under Part 4A of the Act. 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
Items [3]-[8] amend sections 69A, 69B, 69C and 69I of the Act to remove references 1
to, and the role of, the Nature Conservation Trust in relation to the making of 2
conservation agreements under the Act. These amendments arise from 3
recommendations contained in the 5 year statutory review of the Nature Conservation 4
Trust Act 2001. 5
Item [10] amends various provisions in Part 9 (Licensing in respect of fauna, native 6
plants and threatened species) of the Act to provide that it is the Director-General, and 7
not an authorised officer, who is to issue licences and certificates under that Part. 8
Items [9] and [13]-[15] make consequential amendments. 9
Items [11] and [12] of the proposed amendments amend section 123 of the Act to 10
change the name of the trapper's licence to the commercial fauna harvester's licence 11
to more accurately reflect the activities authorised by the licence. Item [2] makes 12
consequential amendments. 13
Item [16] inserts savings provisions into Schedule 3 (Savings, transitional and other 14
provisions) to the Act. 15
1.17 Native Vegetation Act 2003 No 103 16
Section 4 Definitions 17
Omit the definition of Director-General in section 4 (1). Insert instead: 18
Director-General means the Director-General of the Department 19
of Environment and Climate Change. 20
Commencement 21
The amendment to the Native Vegetation Act 2003 is taken to have commenced on 22
27 April 2007. 23
Explanatory note 24
On 27 April 2007, the Public Sector Employment and Management (General) Order 25
2007 abolished the Department of Natural Resources. Clause 17 of that Order 26
provided that in any document a reference to the Department of Natural Resources is 27
to be construed as a reference to the Department of Environment and Climate Change 28
(except in the limited circumstances set out in that clause). A previous Order, the Public 29
Sector Employment and Management (Planning and Natural Resources) Order 2005, 30
had abolished the Department of Infrastructure, Planning and Natural Resources and 31
established the Department of Natural Resources. That Order also provided as to how 32
references to the abolished Department were to be construed. The combined effect of 33
these Orders means that the definition of Director-General in section 4 (1) of the 34
Native Vegetation Act 2003 is to be construed as a reference to the Director-General 35
of the Department of Environment and Climate Change. 36
The proposed amendment to the Native Vegetation Act 2003 updates the definition of 37
Director-General in section 4 (1) of the Act in accordance with those Orders. The 38
amendment is taken to have effect on 27 April 2007, the date of commencement of 39
Part 3 of the Public Sector Employment and Management (General) Order 2007. 40
1.18 Nature Conservation Trust Act 2001 No 10 41
[1] Section 3 Definitions 42
Omit the definitions of conservation agreement and property agreement. 43
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[2] Section 6 Meaning of "conservation priorities" 1
Omit "conservation agreement, property agreement or" from section 6 (1) (a). 2
[3] Section 6 (2) 3
Omit the subsection. Insert instead: 4
(2) Any conservation priorities of the Trust must be consistent with 5
this Act (in relation to Trust agreements). 6
[4] Section 7 Meaning of "Revolving Fund Scheme" 7
Omit "(which may, but need not, take the form of a conservation agreement or 8
a property agreement)" from section 7 (b). 9
[5] Section 11 Functions of Trust 10
Omit section 11 (2) (d)-(g) and (3). 11
[6] Section 13 12
Omit the section. Insert instead: 13
13 Seal of Trust 14
(1) The seal of the Trust is to be kept by the Chief Executive Officer 15
of the Trust or a member of the Board authorised by the Board to 16
keep it. 17
(2) The seal of the Trust is to be affixed to a document only: 18
(a) in the presence of the Chief Executive Officer or a member 19
of the Board who is authorised to do so by the Board 20
generally or in a particular case or class of cases, and 21
(b) with an attestation by the signature of the Chief Executive 22
Officer or member, as the case may be, of the fact of the 23
affixing of the seal. 24
[7] Section 18 Members of Board 25
Omit "10" from section 18 (1). Insert instead "9". 26
[8] Section 18 (1) (a) 27
Omit section 18 (1) (a) and (b). Insert instead: 28
(a) one is to be an officer of the Department of Environment 29
and Climate Change, and 30
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[9] Section 18 (1A) 1
Insert after section 18 (1): 2
(1A) The Chief Executive Officer of the Trust is not to be appointed as 3
a member of the Board. 4
[10] Section 18 (2) (d) 5
Omit "conservation agreements, property agreements and". 6
[11] Section 22 Trust to submit draft business plan to Minister 7
Omit section 22 (2). Insert instead: 8
(2) The conservation priorities of the Trust must be consistent with 9
any regulations made under section 46 (2) (a). 10
[12] Section 23 Consideration of plan 11
Omit section 23 (1). Insert instead: 12
(1) The Minister is to determine whether the conservation priorities 13
of the Trust specified in the draft business plan delivered to the 14
Minister under section 22 are consistent with any regulations 15
made under section 46 (2) (a). 16
[13] Section 23 (2) 17
Omit "(having regard to the views of the Minister for Land and Water 18
Conservation)". 19
[14] Section 25 Amendment of plan 20
Omit ", in consultation with the Minister for Land and Water Conservation,". 21
[15] Section 34 22
Omit the section. Insert instead: 23
34 Duration of agreement 24
(1) A Trust agreement: 25
(a) takes effect from a day specified in the agreement, and 26
(b) remains in force for such period as is specified in the 27
agreement or, if no period is specified, until it is terminated 28
under subsection (2). 29
(2) Despite subsection (1), a Trust agreement may be terminated at 30
any time by consent of all parties to the agreement. 31
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[16] Section 39 Register of agreements 1
Omit section 39 (1). Insert instead: 2
(1) The Trust must keep a written register of all Trust agreements. 3
[17] Section 45 4
Omit the section. Insert instead: 5
45 Landholders may seek assistance 6
Nothing in this Act prevents a landholder who is a party to a Trust 7
agreement from seeking financial or other assistance from any 8
Government source in meeting his or her obligations under the 9
agreement concerned. 10
[18] Schedule 1 Members and procedure of the Board 11
Insert after clause 2 (2) of Schedule 1: 12
(3) Section 19 does not apply to the re-appointment of a member that 13
is for a period of 12 months or less, but only in respect of the first 14
re-appointment of that member. 15
[19] Schedule 1, clause 5 (1) (i) 16
Omit "or (b)". 17
[20] Schedule 1, clause 12 18
Omit "7". Insert instead "5". 19
Commencement 20
Items [7], [8], [19] and [20] of the amendments to the Nature Conservation Trust 21
Act 2001 commence on 1 August 2008. 22
Explanatory note 23
The proposed amendments to the Nature Conservation Trust Act 2001 (the Act) 24
outlined below arise from recommendations contained in the report of the NSW 25
Government Review Group on the statutory review of the Nature Conservation Trust 26
Act 2001 which was tabled in Parliament in 2007. 27
At present under the Act, the Nature Conservation Trust of New South Wales (the 28
Trust) is able to negotiate, and be a party to: 29
(a) conservation agreements under the National Parks and Wildlife Act 1974, to be 30
entered into by a landholder and the Minister administering that Act for 31
conservation purposes associated with the land concerned, and 32
(b) property agreements under the now repealed Native Vegetation Conservation 33
Act 1997, to be entered into by a landholder and the Director-General of the 34
former Department of Land and Water Conservation for the purpose of the 35
conservation and management of vegetation on the land concerned. 36
The Trust currently has the functions of monitoring and enforcing compliance with such 37
agreements to which it is a party, as well as providing ongoing managerial, technical 38
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
and financial assistance to the landholders concerned. The NSW Government Review 1
Group found that these functions had not yet been exercised by the Trust and that it 2
was inappropriate for the Trust to exercise the functions. The Group recommended that 3
functions of the Trust in respect of conservation agreements and property agreements 4
be removed from the Act so that there is a clear differentiation between the activities of 5
the Trust and the work of certain government agencies. Items [1]-[5], [10], [11], [16] 6
and [17] of the proposed amendments therefore remove references in the Act to 7
conservation agreements and property agreements. Items [12]-[14] make 8
consequential amendments by removing the requirement for the Trust to consult with 9
the Minister for Land and Water Conservation when considering or amending a 10
business plan under the Act. 11
Item [6] of the proposed amendments provides that the seal of the Trust is to be kept 12
by the Chief Executive Officer of the Trust (the CEO) or a member of the Board of the 13
Trust authorised by the Board (currently, the seal is to be kept by the Chairperson of 14
the Board). The item also provides that the seal is to be affixed to a document only in 15
the presence of the CEO or a member of the Board authorised by the Board to do so 16
(instead of 2 members as is currently the case) and with an attestation by the signature 17
of the relevant person. 18
Currently, the Board of the Trust is required to have 10 members, with a quorum of 19
7 members for Board meetings. The NSW Government Review Group noted that it has 20
sometimes been difficult to achieve a quorum of 7 members and so recommended that 21
the Board membership requirement be reduced to 9 members and that the quorum 22
requirement be reduced to 5 members. Items [7], [19] and [20] of the proposed 23
amendments implement this recommendation. 24
The Act also currently provides that of the 10 members of the Board, one is to be an 25
officer of the National Parks and Wildlife Service (now part of the Department of 26
Environment and Climate Change (DECC)) and one is to be an officer of the former 27
Department of Land and Water Conservation. That Department previously 28
administered functions relating to property agreements under the repealed Native 29
Vegetation Conservation Act 1997, but, as a consequence of administrative changes, 30
these functions are now carried out by DECC. This means there are currently two 31
members of the Board who are officers of DECC. As the Trust's functions in respect of 32
property agreements are to be removed from the Act, and as the Board's membership 33
is to be reduced from 10 to 9 members, item [8] of the proposed amendments provides 34
for just one member of the Board to be appointed from DECC. 35
Item [9] of the proposed amendments provides that the CEO of the Trust is not to be 36
appointed as a member of the Board. 37
Item [15] of the proposed amendments allows for the Trust to enter into Trust 38
agreements for a fixed period or until terminated at any time by consent of all parties to 39
an agreement (currently such agreements may only be entered into for a fixed period). 40
Item [18] of the proposed amendments provides that a non-government member of the 41
Board may be re-appointed without the requirement for advertising for nominations for 42
an appointment under section 19 of the Act, but only in respect of a re-appointment that 43
is for a period of 12 months or less and only in respect of that member's first 44
re-appointment. 45
Page 25
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
1.19 Occupational Health and Safety Act 2000 No 40 1
[1] Sections 86 and 87 2
Omit "mining workplace" from sections 86 (5) and 87 (6) (as amended by the 3
Mine Health and Safety Act 2004), wherever occurring. 4
Insert instead "mine to which the Mine Health and Safety Act 2004 applies". 5
[2] Section 107A Time for instituting proceedings--special provision for 6
work incident notification 7
Omit "Mines Inspection Act 1901 applies--to section 47" from section 107A 8
(6) (a). 9
Insert instead "Mine Health and Safety Act 2004 applies--to section 88". 10
Commencement 11
The amendments made to the Occupational Health and Safety Act 2000 commence on 12
1 September 2008 (being, in relation to the amendment made by item [1], the date on 13
which Schedule 2 [15] to the Mine Health and Safety Act 2004 commences and, in 14
relation to the amendment made by item [2], the date on which section 191 of that Act 15
(which repeals the Mines Inspection Act 1901) commences). 16
Explanatory note 17
Schedule 2 to the Mine Health and Safety Act 2004 (the Amending Act) makes 18
various amendments to the Occupational Heath and Safety Act 2000 (the Principal 19
Act) which are due to commence on 1 September 2008. These include replacing the 20
definition of mine in the Principal Act with a definition of mining workplace. The 21
definition of mining workplace (unlike the definition of mine) includes places of work 22
at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum 23
(Submerged Lands) Act 1982 (the Petroleum Acts) are carried out. 24
The effect of the amendment made by Schedule 2 [15] to the Amending Act to sections 25
86 and 87 of the Principal Act (which provide for notification procedures in the event of 26
a notifiable incident occurring at a workplace and measures to be taken to ensure that 27
plant is not disturbed in the event of a serious incident occurring at a workplace) is to 28
disapply those sections in relation to mining workplaces. The Amending Act makes 29
alternative provision for those procedures and measures in relation to mines (as 30
defined) but not in relation to workplaces at which activities under the Petroleum Acts 31
are carried out. 32
To the extent to which sections 86 and 87 are disapplied in relation to workplaces at 33
which activities under the Petroleum Acts are carried out, the effect of the amendment 34
made by Schedule 2 [15] is unintended. Item [1] of the proposed amendments allows 35
sections 86 and 87 to continue to apply in relation to those workplaces. 36
The Amending Act also repeals the Mines Inspection Act 1901, with effect from 37
1 September 2008. Item [2] of the proposed amendments replaces a reference to a 38
section of the Mines Inspection Act 1901 with the section of the Amending Act that 39
replaces it. 40
Page 26
Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
1.20 Ombudsman Act 1974 No 68 1
Section 10 Delegation 2
Insert "or 29 (1) (a) or (2) (a)" after "section 28" in section 10 (2A) (b). 3
Explanatory note 4
Section 29 (1) (a) and (2) (a) of the Ombudsman Act 1974 (the Act) provide for the 5
Ombudsman to keep complainants informed of the progress of investigations made by 6
the Ombudsman in relation to their complaints. Currently, the Ombudsman may 7
delegate these largely administrative reporting functions only to an Assistant 8
Ombudsman. The proposed amendment to the Act allows delegation of these functions 9
also to a special officer of the Ombudsman. (The Ombudsman may currently delegate 10
another of the Ombudsman's reporting functions to special officers, namely, the 11
function of reporting the Ombudsman's opinion that a public authority is or may be 12
guilty of serious misconduct, to Ministers and heads of public authorities.) 13
1.21 Pharmacy Practice Act 2006 No 59 14
Section 101 Staff 15
Omit "the Health Administration Corporation" from section 101 (3). 16
Insert instead "the Director-General". 17
Explanatory note 18
Section 101 of the Pharmacy Practice Act 2006 (the Act) allows the Pharmacy Board 19
(the Board) to employ such staff as are necessary to enable the Board to exercise its 20
functions. The section requires the Board to concur with the Health Administration 21
Corporation (the HAC) (whose functions, before 17 March 2006, included employer 22
functions) in fixing the salary, wages, allowances and conditions of employment of such 23
staff in so far as they are not fixed by any other Act or law. 24
On 17 March 2006, the employer functions of the HAC were removed and are currently 25
exercised (in relation to staff who are members of the NSW Health Service) by the 26
Director-General of the Department of Health. 27
Accordingly, the proposed amendment to the Act substitutes the Director-General for 28
the HAC as the entity with whom the Board must concur for the purposes of section 101 29
of the Act. 30
1.22 Police Act 1990 No 47 31
Section 141 Factors affecting decision as to investigation of complaint 32
Insert after section 141 (1): 33
(1A) Additional information from the person making the complaint, 34
and any existing information relevant to the complaint to which 35
the Commissioner or Ombudsman can readily obtain access, may 36
be used in making a decision under subsection (1). 37
(1B) The making of a decision under subsection (1) is not an 38
investigation of the complaint to which the decision relates. 39
Page 27
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Police Act 1990 permits the Commissioner of Police 2
or the Ombudsman, when deciding whether a complaint against a police officer needs 3
to be investigated, to use additional information from the complainant and any existing 4
relevant information to which they can readily gain access. The proposed amendment 5
also clarifies that the preliminary assessment of whether a complaint is to be 6
investigated is not an investigation of the complaint. 7
1.23 Poultry Meat Industry Act 1986 No 101 8
[1] Section 6A Establishment of Advisory Group 9
Omit "elected" from section 6A (3) (c). Insert instead "nominated". 10
[2] Schedule 1 Provisions relating to the members of the Committee and the 11
Advisory Group 12
Omit clause 5. 13
[3] Schedule 1, clause 6 (2) 14
Omit the subclause. 15
[4] Schedule 3 Savings, transitional and other provisions 16
Insert after Part 3: 17
Part 4 Provisions consequent on enactment of 18
Statute Law (Miscellaneous Provisions) 19
Act 2008 20
16 Transitional provision 21
A person appointed as a member of the Advisory Group under 22
section 6A (3) (c) and holding office as such immediately before 23
the commencement of the amendment made to that provision by 24
the Statute Law (Miscellaneous Provisions) Act 2008 is taken to 25
have been appointed under that provision as so amended. 26
Commencement 27
The amendments to the Poultry Meat Industry Act 1986 commence on 30 September 28
2008. 29
Explanatory note 30
The Poultry Meat Industry Advisory Group (the Advisory Group) established under 31
the Poultry Meat Industry Act 1986 (the Act) advises the Poultry Meat Industry 32
Committee constituted under the Act on various matters with respect to the poultry 33
meat industry. 34
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
The Advisory Group consists of 7 members appointed by the Minister, of whom 1 is an 1
independent person chosen by the Minister, 3 are nominated in accordance with the 2
regulations to represent poultry processors, and 3 are elected in accordance with the 3
regulations to represent poultry growers. 4
Item [1] of the proposed amendments provides for the 3 members who are to represent 5
poultry growers to be appointed from persons nominated (rather than elected) in 6
accordance with the regulations. Items [2] and [3] make consequential amendments. 7
Item [4] of the proposed amendments inserts a transitional provision. 8
1.24 Probate and Administration Act 1898 No 13 9
[1] Section 61A Application and interpretation 10
Omit "$50,000" from paragraph (a) of the definition of prescribed amount in 11
section 61A (2). 12
Insert instead "$200,000". 13
[2] Section 84A Interest on legacies and annuities 14
Omit "at such rate" from section 84A (1). 15
Insert instead "at 6 per cent per year or such other rate". 16
Explanatory note 17
Section 61A (2) of the Probate and Administration Act 1898 (the Act) provides for a 18
prescribed amount that is used to determine the distribution of an estate where a 19
person dies intestate and leaves a spouse and also leaves issue. The prescribed 20
amount is set at $50,000 or such other amount as may be prescribed by regulations in 21
force at the death of the intestate. The Probate and Administration Regulation 2003 22
(the Regulation) currently prescribes an amount of $200,000. 23
Section 84A (1) of the Act provides that the rate at which interest is payable on any 24
legacy or on any arrears of an annuity is the rate prescribed by the regulations unless 25
the will or instrument pursuant to which the legacy or annuity is payable or the Court 26
provides otherwise. The Regulation currently prescribes a rate of 6 per cent per year. 27
Items [1] and [2] of the proposed amendments incorporate into the Act the amount and 28
rate currently prescribed by the Regulation. Regulations can continue to be made 29
should it be necessary to amend the amount or rate in the future. 30
1.25 Property, Stock and Business Agents Act 2002 No 66 31
[1] Section 128 Powers of manager 32
Insert after section 128 (1) (c): 33
(c1) wind up the affairs of the business, and 34
[2] Section 128 (1) (e) 35
Insert "or winding up" after "conduct". 36
Explanatory note 37
Section 128 of the Property, Stock and Business Agents Act 2002 (the Act) sets out 38
the powers of a manager (appointed by the Director-General under the Act) to operate 39
Page 29
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
a licensee's business if the licensee is no longer able to operate the business. These 1
powers include the power to carry out work on behalf of existing or new clients of the 2
business and to dispose of property in relation to the business. The amendments 3
specify that a manager also has the power to wind up the affairs of the business and 4
incur expenses that are reasonably related to the winding up of the business. 5
1.26 Protection of the Environment Operations Act 1997 No 156 6
[1] Section 88 Contributions by licensee of waste facility 7
Omit section 88 (8). Insert instead: 8
(8) In this section, liquid waste has the same meaning as it has in 9
Schedule 1. 10
[2] Section 189 Identification 11
Omit section 189 (1) and (2). Insert instead: 12
(1) Every authorised officer or enforcement officer, who is not a 13
police officer, is to be provided with an identification card as an 14
authorised officer or enforcement officer by the regulatory or 15
other authority that appointed the officer. 16
(2) In the course of exercising the functions of an authorised officer 17
or enforcement officer under this Act, the officer must, if 18
requested to do so by any person affected by the exercise of any 19
such function, produce to the person the officer's identification 20
card, issued in accordance with this section, or, in the case of a 21
police officer, the officer's police identification. 22
Explanatory note 23
Section 88 of the Protection of the Environment Operations Act 1997 (the Act) requires 24
occupiers of waste facilities to pay contributions for waste received including liquid 25
waste. The Protection of the Environment Operations Amendment (Scheduled 26
Activities and Waste) Regulation 2008 inserted a new definition of liquid waste into 27
Schedule 1 to the Act. Item [1] of the proposed amendments updates the definition of 28
liquid waste in section 88 of the Act accordingly. 29
Section 189 of the Act currently requires all authorised and enforcement officers to be 30
provided with an identification card and to produce that identification card on request. 31
Item [2] of the proposed amendments removes the requirement for the Environment 32
Protection Authority to provide identification cards to police officers, who are appointed 33
as authorised officers, and requires them to produce their police identification on 34
request. 35
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
1.27 Registered Clubs Amendment Act 2006 No 103 1
Schedule 1 Amendments 2
Omit Schedule 1 [11]. 3
Explanatory note 4
Under section 17AH of the Registered Clubs Act 1976, registered clubs may 5
amalgamate only if they are situated in the same area (that is, within a 50km radius). 6
However, an amalgamation with a club outside of the same area may be approved if 7
the club that would be dissolved as a result of the amalgamation is not able to 8
amalgamate with another club in the same area. The uncommenced amendment to be 9
made by Schedule 1 [11] to the Registered Clubs Amendment Act 2006 requires the 10
dissolved club, before it is allowed to amalgamate with a club outside its area, to call 11
for expressions of interest in accordance with the regulations from clubs in the same 12
area. However, the amendment is no longer necessary because it is now a general 13
requirement under the Registered Clubs Regulation 1996 for any club that is seeking 14
to amalgamate to call for expressions of interest from other clubs in the same area. 15
1.28 Road Transport Legislation Amendment (Car Hoons) Act 16
2008 No 4 17
[1] Schedule 1 Amendment of Road Transport (General) Act 2005 18
Omit "place specified in the notice within 10 days after the notice is given" 19
from proposed section 218 (1A) (c) in Schedule 1 [7]. 20
Insert instead "place, on a date (not being later than 10 days after the notice is 21
given) and within a time period, specified in the notice". 22
[2] Schedule 1 [11] 23
Omit "specified in the notice within 10 days after being given the notice" from 24
proposed section 218 (7) (b). 25
Insert instead ", on the date and within the time period, specified in the notice". 26
[3] Schedule 1 [12] 27
Insert "(if appropriate in view of any restrictions imposed under section 28
219C (4))" after "may" in proposed section 219 (3). 29
[4] Schedule 1 [19] 30
Insert after proposed section 223 (1): 31
(2) The regulations may prescribe the fees (if any) payable in respect 32
of storage of an impounded vehicle. 33
Explanatory note 34
The proposed amendments amend uncommenced provisions of the Road Transport 35
(General) Act 2005 (the 2005 Act) inserted by the Road Transport Legislation 36
Amendment (Car Hoons) Act 2008 (the amending Act). 37
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Proposed section 218 (1A) (c) and (7) of the 2005 Act require a driver or operator of a 1
vehicle that is operated on a road so as to commit a street racing, burnout or 2
aggravated burnout offence to remove the vehicle to, or produce it at, a specified place 3
within 10 days after a production notice is given. Items [1] and [2] of the proposed 4
amendments amend the uncommenced provisions to instead require such a vehicle to 5
be produced at the place on a date (not being later than 10 days after the notice is 6
given) and within a time period specified in the notice. This will ensure that an 7
appropriate person is available to receive the vehicle when it is removed to, or 8
produced at, the place. 9
Schedule 1 [12] to the amending Act amends the 2005 Act to make provision with 10
respect to the clamping of motor vehicles. Proposed section 219C effectively enables 11
the application of the proposed clamping provisions to be restricted to a trial period or 12
area. Item [3] of the proposed amendments amends proposed section 219 (3) of the 13
2005 Act (which enables a court to order that a vehicle be clamped instead of being 14
impounded) to make it clear that such an order can only be made if the vehicle is able 15
to be clamped in accordance with any restrictions imposed relating to such trial periods 16
or areas. 17
Item [4] of the proposed amendments reinstates a regulation-making power relating to 18
fees for storage of impounded vehicles inadvertently omitted from section 223 of the 19
2005 Act by Schedule 1 [19] to the amending Act. 20
1.29 Soil Conservation Act 1938 No 10 21
[1] Section 3 Definitions 22
Omit the definition of Deputy Commissioner from section 3 (1). 23
Insert instead: 24
Deputy Commissioner means a Deputy Soil Conservation 25
Commissioner holding office as such under Chapter 1A of the 26
Public Sector Employment and Management Act 2002. 27
[2] Section 4A Deputy Commissioners 28
Omit section 4A (1) and (2). 29
[3] Section 4A (3) 30
Omit "The Deputy". Insert instead "A Deputy". 31
[4] Sections 4A (3) (c), (4) and (5) and 30A (1) and (2) 32
Omit "the Deputy" wherever occurring. Insert instead "a Deputy". 33
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
[5] First Schedule Savings, transitional and other provisions 1
Insert after Part 3: 2
Part 4 Provisions consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act 2008 5
8 Deputy Commissioners 6
(1) On and from the commencement of the amendments made to this 7
Act by the Statute Law (Miscellaneous Provisions) Act 2008 (the 8
relevant commencement), a reference in any other Act, in any 9
instrument made under any Act or in any other instrument of any 10
kind (including any instrument of appointment) to the Deputy 11
Commissioner of the Soil Conservation Service is to be construed 12
as a reference to a Deputy Soil Conservation Commissioner. 13
(2) Without limiting the operation of subclause (1), any person 14
appointed (or purported to have been appointed) as Deputy 15
Commissioner of the Soil Conservation Service and holding 16
office as such immediately before the relevant commencement is 17
taken to have been appointed as a Deputy Soil Conservation 18
Commissioner holding office as such under Chapter 1A of the 19
Public Sector Employment and Management Act 2002. 20
Explanatory note 21
The proposed amendments to the Soil Conservation Act 1938 provide for the 22
appointment of more than one person to hold office under Chapter 1A of the Public 23
Sector Employment and Management Act 2002 as Deputy Soil Conservation 24
Commissioner and provide for the continuation of any existing appointments to the 25
position of Deputy Commissioner. 26
1.30 State Authorities Non-contributory Superannuation Act 27
1987 No 212 28
Schedule 1 Employers 29
Omit the matter relating to the Electricity Association of New South Wales 30
from Part 1 of the Schedule. 31
Commencement 32
The amendment to the State Authorities Non-contributory Superannuation Act 1987 33
commences on the date on which an order made under clause 3 of Schedule 1 to the 34
Local Government Associations Incorporation Act 1974, as inserted by this Schedule, 35
takes effect. 36
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the State Authorities Non-contributory Superannuation 2
Act 1987 is consequential on the proposed amendments to the Local Government 3
Associations Incorporation Act 1974 referred to elsewhere in this Schedule. 4
1.31 State Authorities Superannuation Act 1987 No 211 5
Schedule 1 Employers 6
Omit the matter relating to the Electricity Association of New South Wales 7
from Part 1 of the Schedule. 8
Commencement 9
The proposed amendment to the State Authorities Superannuation Act 1987 10
commences on the date on which an order made under clause 3 of Schedule 1 to the 11
Local Government Associations Incorporation Act 1974, as inserted by this Schedule, 12
takes effect. 13
Explanatory note 14
The proposed amendment to the State Authorities Superannuation Act 1987 is 15
consequential on the proposed amendments to the Local Government Associations 16
Incorporation Act 1974 referred to elsewhere in this Schedule. 17
1.32 State Property Authority Act 2006 No 40 18
[1] Section 3 Definitions 19
Omit paragraph (b) of the definition of property in section 3 (1). 20
Insert instead: 21
(b) an interest in land, being an interest that is vested in or held 22
by the government agency. 23
[2] Section 20 Effect of transfer of property under this Part 24
Omit "section" from section 20 (5). Insert instead "Part". 25
[3] Schedule 2 Savings, transitional and other provisions 26
Insert after clause 1: 27
2 Operation of amendments made by Statute Law (Miscellaneous 28
Provisions) Act 2008 29
Any thing that was done before the commencement of this clause 30
that could have been validly done under this Act if the 31
amendments made to this Act by the Statute Law (Miscellaneous 32
Provisions) Act 2008 had been in force when it was done is taken 33
to have been validly done on and from the time when it was done. 34
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
Explanatory note 1
Item [1] of the proposed amendments to the State Property Authority Act 2006 (the 2
Act) makes it clear that an interest in land such as a lease held by a government 3
agency (in addition to a freehold interest in land) can be property of the agency for the 4
purposes of that Act even though it is not an interest in government owned land. 5
Item [3] of the proposed amendments ensures the validity of anything done before the 6
commencement of item [1] that could be done after that commencement. 7
Item [2] of the proposed amendments corrects a cross-reference. 8
1.33 State Records Act 1998 No 17 9
Section 36A 10
Insert after section 36: 11
36A Arrangements to facilitate copying, publication and access to 12
State archives 13
(1) The Authority may enter into arrangements (access 14
arrangements) under which the Authority is to provide a person 15
(including a public office) with access to State archives for the 16
purpose of enabling the person to make copies of State archives 17
or publish or provide other persons with access to copies of State 18
archives. Access arrangements can only relate to State archives 19
that are open to public access under this Act. 20
(2) Access arrangements can be commercial arrangements (entitling 21
the Authority to payment in connection with the operation of the 22
arrangements) and can provide for the arrangements under which 23
the person to whom the Authority gives access to State archives 24
may make copies of State archives or publish or provide other 25
persons with access to copies of State archives and arrangements 26
under which the person may charge for publishing or providing 27
access to copies of State archives. 28
(3) Access arrangements can include arrangements with a person 29
outside the State and arrangements that provide for the publishing 30
of and provision of access to copies of State archives outside the 31
State. 32
(4) This section does not give the Authority power to override any 33
right in the nature of copyright and does not give the Authority or 34
any party to an access arrangement power to do anything that 35
would be an infringement of copyright. 36
(5) If an access arrangement provides for the provision of access to 37
copies of State archives to other persons by the person to whom 38
access is provided by the Authority under the arrangement, 39
section 62 (Protection from liability when access given) extends 40
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
to the provision of access by that person pursuant to the 1
arrangement in the same way as it applies to the giving of access 2
to a record under this Act by an access provider. 3
(6) The Authority is taken to have always had the power conferred 4
by this section. 5
Explanatory note 6
The proposed amendment confirms the power of the State Records Authority to enter 7
into arrangements for providing access to State archives for the purpose of enabling a 8
party to the arrangement to make copies of those archives or to publish or provide other 9
persons with access to copies of those archives. 10
1.34 Subordinate Legislation Act 1989 No 146 11
[1] Section 10 Staged repeal of statutory rules 12
Omit "2008" from section 10 (4). Insert instead "2009". 13
[2] Section 10 (4) (e) 14
Insert after section 10 (4) (d): 15
(e) the Road and Rail Transport (Dangerous Goods) (Road) 16
Regulation 1998. 17
Explanatory note 18
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of 19
statutory rules. The repeal takes effect on the fifth anniversary of the date on which the 20
statutory rule was published (in the case of a statutory rule published on 1 September 21
in any year) or on 1 September following the fifth anniversary of the date on which it 22
was published (in any other case)--see section 10 (2) of the Act. Unless it is intended 23
to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act 24
is usually remade in advance of the repeal date. 25
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of 26
the Governor, for a period of one year. However, the repeal of a particular statutory rule 27
cannot be postponed on more than five occasions. 28
The proposed amendments to the Act have the effect of keeping the Day Procedure 29
Centres Regulation 1996, the Liquor Regulation 1996, the Parking Space Levy 30
Regulation 1997, the Private Hospitals Regulation 1996, the Registered Clubs 31
Regulation 1996 and the Road and Rail Transport (Dangerous Goods) (Road) 32
Regulation 1998 in force for a further period of one year after the date on which they 33
would otherwise be repealed by the Act. However, any of the Regulations may be 34
sooner repealed by other legislation. 35
This is necessary as the Regulations have each been postponed on five occasions, 36
and are now due to be repealed on 1 September 2008. However, proposed legislative 37
reforms involving the repeal and re-enactment of the Private Hospitals and Day 38
Procedure Centres Act 1988 and the Liquor Act 1982, and extensive amendments to 39
the Registered Clubs Act 1976, will have a substantial impact on the matters dealt with 40
by the Regulations made under those 3 Acts. In addition, a National Transport 41
Commission review of the Commonwealth's national scheme for transport of 42
dangerous goods by road and rail has resulted in the recent development of 43
Commonwealth model legislation (which itself is currently being reviewed), the 44
implementation of which will have a substantial impact on the content of the 45
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
Regulations made under the Road and Rail Transport (Dangerous Goods) Act 1997. 1
Extensive amendments to the Parking Space Levy Act 1992 are also likely as a result 2
of a recent review of that Act. 3
The proposed amendments will keep the current regulatory schemes of the 4
Regulations in place until such time as replacement provisions come into force under 5
new or revised legislation. 6
1.35 Superannuation Act 1916 No 28 7
Schedule 3 List of employers 8
Omit the matter relating to the Electricity Association of New South Wales 9
from Part 1 of the Schedule. 10
Commencement 11
The amendment to the Superannuation Act 1916 commences on the date on which an 12
order made under clause 3 of Schedule 1 to the Local Government Associations 13
Incorporation Act 1974, as inserted by this Schedule, takes effect. 14
Explanatory note 15
The proposed amendment to the Superannuation Act 1916 is consequential on the 16
proposed amendments to the Local Government Associations Incorporation Act 1974 17
referred to elsewhere in this Schedule. 18
1.36 Sydney Water Catchment Management Act 1998 No 171 19
[1] Sections 11 (12), 14 (1) (d), 16 (1) (c3) and (f), 24C (a) and (d), 31 (3) (b), 20
44 (2) (b) and 55 (1) (b) 21
Omit "the Authority's" wherever occurring. Insert instead "the SCA's". 22
[2] Section 57 Exercise of powers of entry 23
Omit section 57 (2) (a). Insert instead: 24
(a) is in possession of the identification he or she is required 25
to produce on request under section 69H, and 26
[3] Section 57 (2) (c) 27
Omit the paragraph. Insert instead: 28
(c) produces the person's identification if required to do so by 29
the occupier of the land, and 30
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[4] Section 69H 1
Omit the section. Insert instead: 2
69H Identification 3
(1) Every authorised officer, who is not a police officer or an 4
authorised officer under the National Parks and Wildlife 5
Act 1974, is to be provided with an identification card as an 6
authorised officer by the SCA. 7
(2) In the course of exercising the functions of an authorised officer 8
under this Act, the officer must, if requested to do so by any 9
person affected by the exercise of any such function, produce to 10
the person: 11
(a) in the case of a police officer, the officer's police 12
identification, or 13
(b) in the case of an authorised officer under the National 14
Parks and Wildlife Act 1974, the officer's identification 15
card as an authorised officer under that Act, or 16
(c) in any other case, the authorised officer's identification 17
card issued in accordance with this section. 18
[5] Schedule 5 Amendment of other Acts 19
Omit the Schedule. 20
Explanatory note 21
Item [1] of the proposed amendments changes references in the Sydney Water 22
Catchment Management Act 1998 (the Act) to the Sydney Catchment Authority (the 23
SCA) from "the Authority" to "the SCA". 24
Authorised officers appointed by the SCA have, among other functions, certain powers 25
of entry under the Act, including the power to enter and occupy a building or land for 26
purposes such as finding a source of water pollution or investigating breaches of the 27
Act. Prior to the commencement of the Sydney Water Catchment Management 28
Amendment Act 2007 (the amending Act) a certificate of authority was required for the 29
powers of entry to be exercised. The amending Act replaced certificates of authority 30
with identification cards issued by the SCA. Items [2] and [3] of the proposed 31
amendments remove outdated references to the certificates of authority. 32
Section 69H of the Act currently requires all authorised officers to be provided with an 33
identification card by the SCA and requires them to produce that identification card on 34
request. Item [4] of the proposed amendments removes the requirement for the SCA 35
to provide identification cards to police officers and authorised officers under the 36
National Parks and Wildlife Act 1974 who are appointed as authorised officers. Instead, 37
those officers will be required, when exercising powers under the Act, to produce their 38
police identification or identification card as an authorised officer under the National 39
Parks and Wildlife Act 1974. 40
Item [5] of the proposed amendments removes a redundant Schedule. 41
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
1.37 Threatened Species Conservation Act 1995 No 101 1
Section 128A Functions of Scientific Committee 2
Omit "or critically endangered" from section 128A (2) (c). 3
Insert instead ", critically endangered or vulnerable". 4
Explanatory note 5
The proposed amendment to the Threatened Species Conservation Act 1995 (the Act) 6
includes as a principal function of the Scientific Committee its current function under 7
Part 2 of the Act of determining which ecological communities are to be listed under the 8
Act as vulnerable ecological communities. (Like functions of the Scientific Committee 9
under Part 2 of the Act are currently included as principal functions of the Committee 10
in section 128A of the Act.) 11
1.38 Valuation of Land Act 1916 No 2 12
Section 4 Definitions 13
Omit paragraph (d1) from the definition of Land improvements in section 14
4 (1). 15
Insert instead: 16
(d1) without limiting paragraph (d), any excavation, filling, 17
grading or levelling of land (otherwise than for the purpose 18
of irrigation or conservation) that is associated with: 19
(i) the erection of any building or structure, or 20
(ii) the carrying out of any work, or 21
(iii) the operations of any mine or extractive industry, 22
Explanatory note 23
The proposed amendment to the Valuation of Land Act 1916 clarifies the definition of 24
Land improvements. Currently, it is unclear if certain works (particularly underground 25
works) undertaken in the preparation of land for mining or the extraction of raw 26
materials are to be included in the definition of Land improvements. The proposed 27
amendment makes it clear that certain work done to the land in association with mining 28
or extractive industry is to be included in the definition. 29
1.39 Waste Avoidance and Resource Recovery Act 2001 No 58 30
[1] Section 12 Development of waste strategies 31
Omit "2 years" from section 12 (5). Insert instead "5 years". 32
[2] Section 12 (7) (b) 33
Omit "each of the offices". Insert instead "the head office". 34
Explanatory note 35
Item [1] of the proposed amendments to the Waste Avoidance and Resource Recovery 36
Act 2001 (the Act) increases from 2 years to 5 years the interval at which waste 37
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
strategies for the State, to replace existing waste strategies, are to be developed by the 1
Director-General of the Department of Environment and Climate Change (the 2
Department). (The requirement under section 24 of the Act for the Director-General to 3
report to the Minister every 2 years on a description of the strategies being 4
implemented by the Director-General and the degree of success achieved by them 5
remains unchanged.) 6
The effect of item [2] of the proposed amendments is to require the Director-General, 7
before adopting a waste strategy, to cause copies of the proposed strategy to be made 8
available for public inspection at the head office of the Department (rather than at each 9
office of the Department, as is currently the case) and on the Internet. 10
Both of the proposed amendments implement recommendations contained in a 11
statutory review of the Act (required under section 32 of the Act), a report on which was 12
tabled in Parliament in 2007. 13
1.40 Wesley College Incorporation Act 1910 14
[1] Section 2 15
Omit the section. Insert instead: 16
2 Definitions 17
In this Act: 18
by-laws means the by-laws made by the council under section 16 19
and in force for the time being. 20
college means Wesley College, University of Sydney. 21
corporation means the body corporate constituted by section 3. 22
council means the Council of Wesley College constituted by 23
section 9. 24
councillor means a member of the corporation. 25
Moderator means the Moderator for the time being of the Synod, 26
and includes any person for the time being authorised by the 27
Synod to perform or carry out the functions or duties of 28
Moderator. 29
Principal means the Principal of the college appointed under 30
section 5. 31
Synod means the Synod of The Uniting Church in Australia in 32
New South Wales. 33
the church means the Uniting Church in Australia. 34
[2] Section 3 Constitution of corporation 35
Omit section 3 (2). Insert instead: 36
(2) The corporation consists of: 37
(a) the Principal, and 38
(b) 12 other councillors. 39
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
(3) The councillors (other than the Principal) are to be elected or 1
appointed in accordance with the by-laws. 2
(4) The councillors (other than the Principal) hold office for the term 3
provided by the by-laws. 4
(5) The procedure at meetings of the corporation is to be as provided 5
by the by-laws. 6
[3] Section 5 7
Omit the section. Insert instead: 8
5 Principal of the college 9
(1) The Principal of the college is to be appointed by the council in 10
accordance with the by-laws. 11
(2) The Principal must accept the Basis of Union set out in 12
Schedule 2 to the Uniting Church in Australia Act 1977 and agree 13
to uphold the values and ethos of the church. 14
(3) The council may from time to time determine the terms and 15
conditions on which the Principal holds office. 16
(4) If the person holding office as Principal is not an ordained 17
minister of the church, the council must use its best endeavours 18
to appoint an ordained minister of the church as Chaplain to the 19
college. 20
[4] Sections 6, 7, 10, 11, 11A and 12 21
Omit the sections. 22
[5] Section 9 Constitution of council 23
Omit "At any meeting of such council 10 members shall form a quorum.". 24
[6] Section 9 (2) 25
Insert at the end of section 9: 26
(2) The number of members at a council meeting that constitute a 27
quorum is to be as provided by the by-laws. 28
[7] Section 14 Removal or suspension of Principal 29
Insert "if the Principal is a minister of the church and" after "Provided that,". 30
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 1 Minor amendments
[8] Section 20 1
Insert after section 19: 2
20 Savings and transitional provisions 3
(1) Until the first election or appointment of all councillors under the 4
by-laws after the commencement of this section, the corporation 5
comprises those persons who constituted the corporation 6
immediately before the commencement of this section. 7
(2) The person who held office as Principal immediately before the 8
commencement of this section is taken to have been appointed as 9
Principal in accordance with this Act as amended by the Statute 10
Law (Miscellaneous Provisions) Act 2008, and is taken to have 11
been appointed subject to the same terms and conditions as those 12
on which the person was appointed, and for the remainder of the 13
person's term of office as Principal. 14
Commencement 15
The amendments to the Wesley College Incorporation Act 1910 commence on a day 16
or days to be appointed by proclamation. 17
Explanatory note 18
The Wesley College Incorporation Act 1910 is a private Act that incorporates Wesley 19
College as the Uniting Church college within the University of Sydney. 20
Item [1] of the proposed amendments updates the definitions section of the Act, to 21
include new terms used in the other proposed amendments, and to omit terms that will 22
no longer be used. 23
Item [2] reduces the number of councillors who form the corporation constituted by the 24
Act from 26 to 13. The councillors (other than the Principal) are to be elected or 25
appointed in accordance with the by-laws. The proposed provisions also provide for the 26
term of office of councillors and the procedure of the corporation at its meetings to be 27
determined by the by-laws. 28
Item [3] provides that the Principal is to be appointed by the council in accordance with 29
the by-laws. The Principal is no longer required to be an ordained minister of the 30
church, but is required to accept the Basis of Union and to agree to uphold the values 31
and ethos of the church. It also provides that if the Principal is not an ordained minister 32
of the church, the council must use its best endeavours to appoint an ordained minister 33
of the church as Chaplain to the college. 34
Item [4] omits redundant provisions about presiding officers, the election and 35
appointment of councillors, the tenure of office of councillors and casual vacancies 36
(which will instead all be dealt with by the by-laws). 37
Item [5] omits a reference to the quorum at meetings of the council. Item [6] instead 38
provides for the by-laws to specify the quorum. 39
Item [7] makes it clear that the procedure for removal or suspension of the Principal that 40
involves a trial by the courts of the church applies only when the Principal is an 41
ordained minister of the church. 42
Item [8] allows existing councillors to continue to constitute the corporation until all 43
elections can be held under the amended provisions and allows the existing Principal 44
to continue to hold office under the amended Act. 45
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Statute Law (Miscellaneous Provisions) Bill 2008
Minor amendments Schedule 1
1.41 Zoological Parks Board Act 1973 No 34 1
Section 5 Constitution of Board 2
Insert after section 5 (1): 3
(1A) The Board may also be called the Taronga Conservation Society 4
Australia and the use of that name has the same effect for all 5
purposes as the use of its corporate name. 6
Explanatory note 7
The proposed amendment to the Zoological Parks Board Act 1973 gives statutory 8
authority for the use of the name "Taronga Conservation Society Australia" by or in 9
relation to the Zoological Parks Board of New South Wales. 10
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
(Section 3) 3
2.1 Armidale Dumaresq Local Environmental Plan 2008 4
Clauses 15 (7) (c) and 16 (7) (c) 5
Insert "and" before "Miscellaneous" wherever occurring. 6
Explanatory note 7
The proposed amendment corrects citations. 8
2.2 Betting Tax Act 2001 No 43 9
[1] Section 3 10
Omit the definitions of backer, bet, bet back, betting auditorium, bookmaker, 11
money and sports betting event. 12
[2] Sections 4, 5A, 6, 7, 11 and 17 and Part 4 13
Omit the provisions. 14
Explanatory note 15
The proposed amendments omit redundant provisions that relate to betting tax payable 16
by bookmakers which was abolished on 31 March 2002. 17
2.3 Bombala Local Environmental Plan 1990 18
Clause 5 (3) 19
Insert at the end of clause 5: 20
(3) Notes in this plan do not form part of this plan. 21
Explanatory note 22
The proposed amendment clarifies the status of notes. 23
2.4 Building and Construction Industry Security of Payment Act 24
1999 No 46 25
Section 11 (2) (a) 26
Omit the paragraph. Insert instead: 27
(a) prescribed under section 101 of the Civil Procedure Act 28
2005, or 29
Explanatory note 30
The proposed amendment updates a redundant reference. 31
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Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.5 Cabonne Local Environmental Plan 1991 1
Schedule 1 2
Omit "Hhuse" from the matter relating to Molong. Insert instead "House". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.6 Casino, Liquor and Gaming Control Authority Act 2007 6
No 91 7
Section 30 (1) 8
Insert "is" after "which information". 9
Explanatory note 10
The proposed amendment inserts a missing word. 11
2.7 Children and Young Persons (Care and Protection) Act 1998 12
No 157 13
[1] Section 106 14
Omit "(b)". 15
[2] Section 106 16
Omit "(c)". Insert instead "(b)". 17
Explanatory note 18
Item [1] of the proposed amendments removes unintentional numbering. 19
Item [2] of the proposed amendments renumbers a provision as a result of item [1]. 20
2.8 Coal Acquisition (Compensation) Arrangements 1985 21
Schedule 2, clause 8 (6) 22
Omit "summmons". Insert instead "summons". 23
Explanatory note 24
The proposed amendment corrects a typographical error. 25
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
2.9 Commercial Fishing Environmental Impact Statement 1
Arrangements 2001 2
Clause 5 (5) 3
Omit "for the time being payable on unpaid judgments of the Supreme Court". 4
Insert instead "prescribed under section 101 of the Civil Procedure Act 2005 5
in respect of unpaid judgments". 6
Explanatory note 7
The proposed amendment updates a redundant reference. 8
2.10 Conargo Local Environmental Plan 1987 9
[1] Clause 4 (1) 10
Omit "grandaughter" from the definition of immediate family. 11
Insert instead "granddaughter". 12
[2] Clause 11 (2), definition of "existing holding" 13
Omit "apointed" from paragraph (b). Insert instead "appointed". 14
Explanatory note 15
The proposed amendments correct typographical errors. 16
2.11 Consumer Credit Administration Regulation 2002 17
Clause 2F 18
Omit "section 95 (1) of the Supreme Court Act 1970". 19
Insert instead "section 101 of the Civil Procedure Act 2005". 20
Explanatory note 21
The proposed amendment updates a redundant reference. 22
2.12 Conveyancing Act 1919 No 6 23
Section 131 24
Omit "registered real estate valuer (within the meaning of the Valuers 25
Registration Act 1975)". 26
Insert instead "registered valuer (within the meaning of the Valuers 27
Act 2003)". 28
Explanatory note 29
The proposed amendment updates a reference to a repealed Act. 30
Page 46
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.13 Coonabarabran Local Environmental Plan 1990 1
[1] Clause 5 (1), definition of "existing holding" 2
Omit "provied" from paragraph (a). Insert instead "provided". 3
[2] Clause 8 4
Omit "Pakrs" wherever occurring. Insert instead "Parks". 5
[3] Clause 29 (1) (a) 6
Omit "repsect". Insert instead "respect". 7
[4] Clause 33 (1) (d) (ii) 8
Omit "prupose". Insert instead "purpose". 9
Explanatory note 10
The proposed amendments correct typographical errors. 11
2.14 Co-operatives Act 1992 No 18 12
Part 3, Division 4 13
Omit the Division. 14
Explanatory note 15
The proposed amendment removes a redundant heading. 16
2.15 Court Security Act 2005 No 1 17
Section 4 (1), definition of "court" 18
Omit "Parole Board" from paragraph (m). 19
Insert instead "State Parole Authority". 20
Explanatory note 21
The proposed amendment updates a reference to a body. 22
2.16 Credit (Savings and Transitional) Regulation 1984 23
[1] Clauses 14A (1) (h) and 27 (1) (g) 24
Omit "registered real estate valuer within the meaning of the Valuers 25
Registration Act 1975" wherever occurring. 26
Insert instead "registered valuer within the meaning of the Valuers Act 2003". 27
Page 47
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
[2] Schedule 1, Form 12 1
Omit "(ie 4 times the rate of interest prescribed under section 95 (1) of the 2
Supreme Court Act 1970 at the time the regulated contract is entered into)". 3
Insert instead "as set out in section 170 of the Credit Act 1984". 4
Explanatory note 5
Item [1] of the proposed amendments updates references to a repealed Act. 6
Item [2] of the proposed amendments updates a redundant reference. 7
2.17 Culcairn Local Environmental Plan 1998 8
Clause 5 (1), definition of "parcel" 9
Omit "Portions ing". Insert instead "portions in". 10
Explanatory note 11
The proposed amendment corrects typographical errors. 12
2.18 Election Funding Regulation 2004 13
Clause 30 (1) (a) 14
Omit "practising real estate valuers under section 15 (1) of the Valuers 15
Registration Act 1975". 16
Insert instead "valuers under the Valuers Act 2003". 17
Explanatory note 18
The proposed amendment updates a reference to a repealed Act. 19
2.19 Electricity Supply (General) Regulation 2001 20
Clause 27 (2) (d) and Schedule 1, clause 2 (3) 21
Omit "section 95 (1) of the Supreme Court Act 1970" wherever occurring. 22
Insert instead "section 101 of the Civil Procedure Act 2005". 23
Explanatory note 24
The proposed amendment updates redundant references. 25
Page 48
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.20 Encroachment of Buildings Act 1922 No 23 1
Section 3 (4) 2
Omit "registered real estate valuer (within the meaning of the Valuers 3
Registration Act 1975)". 4
Insert instead "registered valuer (within the meaning of the Valuers 5
Act 2003)". 6
Explanatory note 7
The proposed amendment updates a reference to a repealed Act. 8
2.21 Environmental Planning and Assessment Act 1979 No 203 9
Section 33A (4) 10
Insert "or by an Act" after "subsection (1)". 11
Commencement 12
The amendment to the Environmental Planning and Assessment Act 1979 is taken to 13
have commenced on 1 January 2008. 14
Explanatory note 15
The proposed amendment clarifies that amendments made by an Act to the Standard 16
Instrument (Local Environmental Plans) Order 2006 can automatically apply to existing 17
instruments that adopt the standard instrument set out in that Order. 18
2.22 Environmental Planning and Assessment Regulation 2000 19
Clause 265 (1) 20
Insert "application for a" after "for each". 21
Explanatory note 22
The proposed amendment inserts missing words. 23
2.23 Eurobodalla Rural Local Environmental Plan 1987 24
Clause 9 (3) 25
Insert at the end of clause 9: 26
(3) Notes in this plan do not form part of this plan. 27
Explanatory note 28
The proposed amendment clarifies the status of notes. 29
2.24 Firearms Act 1996 No 46 30
[1] Sections 6 (3) (c), 34 (5) and 81 (3) (a) 31
Omit "Police Service" wherever occurring. Insert instead "Police Force". 32
Page 49
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
[2] Section 6 (4) 1
Omit "Naval Reserve Cadets". Insert instead "Australian Navy Cadets". 2
Explanatory note 3
The proposed amendments update references to organisations. 4
2.25 Freedom of Information Regulation 2005 5
Schedule 3, Part 3 6
Omit the matter relating to the Parole Board. 7
Insert in alphabetical order of bodies: 8
State Parole Authority Department of Corrective Services
Explanatory note 9
The proposed amendment updates a reference to a body. 10
2.26 Health Services Act 1997 No 154 11
Schedule 1 12
Omit "Sydney West Area Health service" from column 1. 13
Insert instead "Sydney West Area Health Service". 14
Explanatory note 15
The proposed amendment corrects a typographical error. 16
2.27 Holroyd Local Environmental Plan 1991 17
Clause 40 (1)-(4) 18
Omit "Part 1" wherever occurring. Insert instead "Part I". 19
Explanatory note 20
The proposed amendment corrects typographical errors. 21
2.28 Home Building Act 1989 No 147 22
Section 40 (2F) (c) 23
Omit "Valuers Registration Act 1975". Insert instead "Valuers Act 2003". 24
Explanatory note 25
The proposed amendment updates a reference to a repealed Act. 26
Page 50
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.29 Housing Act 2001 No 52 1
Section 57 (4) (b) 2
Omit "payable on unpaid judgments of the Supreme Court". 3
Insert instead "prescribed under section 101 of the Civil Procedure Act 2005 4
in respect of unpaid judgments". 5
Explanatory note 6
The proposed amendment updates a redundant reference. 7
2.30 Interpretation Act 1987 No 15 8
Section 68 (4) (a) (viia) 9
Omit "Law,". Insert instead "Law, and". 10
Explanatory note 11
The proposed amendment inserts a missing conjunction. 12
2.31 Land and Environment Court Regulation 2005 13
Clause 3 (1), definition of "the Act" 14
Omit the definition. Insert instead: 15
the Act means the Civil Procedure Act 2005. 16
Note. This Regulation was originally made under the Land and 17
Environment Court Act 1979 but on and from 28 January 2008 is taken 18
to be made under the Civil Procedure Act 2005 (see clause 14 of 19
Schedule 6 to that Act). 20
Explanatory note 21
The proposed amendment updates a reference. 22
2.32 Legal Aid Commission Act 1979 No 78 23
[1] Sections 4 (1), definition of "legal aid" and 11 (2) 24
Omit "Mental Health Act 1990" wherever occurring. 25
Insert instead "Mental Health Act 2007". 26
[2] Section 16 (3) 27
Omit "Part 2A of the Public Sector Management Act 1988, but is not subject 28
to Part 2 of that Act". 29
Insert instead "Part 3.1 of the Public Sector Employment and Management 30
Act 2002, but is not subject to Chapter 1A or 2 of that Act". 31
Page 51
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
[3] Section 63 (1) (i) 1
Omit the paragraph. 2
Explanatory note 3
Items [1] and [2] of the proposed amendments update references to repealed Acts. 4
Item [3] of the proposed amendments removes a redundant provision. 5
2.33 Lithgow City Local Environmental Plan 1994 6
Clause 17 (c) 7
Omit "site,". Insert instead "site, or". 8
Explanatory note 9
The proposed amendment inserts a missing conjunction. 10
2.34 Mid-Western Regional Interim Local Environmental Plan 11
2008 12
Dictionary, definition of "permanent group home" 13
Omit "State Environmental Planning Policy (Seniors Living) 2004". 14
Insert instead "State Environmental Planning Policy (Housing for Seniors or 15
People with a Disability) 2004". 16
Explanatory note 17
The proposed amendment corrects the citation of an instrument. 18
2.35 Newcastle City Centre Local Environmental Plan 2008 19
Dictionary, definitions of "permanent group home" and "transitional 20
group home" 21
Omit "State Environmental Planning Policy (Seniors Living) 2004" wherever 22
occurring. 23
Insert instead "State Environmental Planning Policy (Housing for Seniors or 24
People with a Disability) 2004". 25
Explanatory note 26
The proposed amendment corrects the citation of an instrument. 27
2.36 Occupational Health and Safety Regulation 2001 28
[1] Clause 40 29
Omit "Electricity Safety (Electrical Installations) Regulation 1998" wherever 30
occurring. 31
Insert instead "Electricity (Consumer Safety) Regulation 2006". 32
Page 52
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
[2] Clause 40, note 1
Omit "as defined in that Regulation". 2
Insert instead "within the meaning of the Electricity (Consumer Safety) 3
Act 2004". 4
Explanatory note 5
The proposed amendments update references to an instrument. 6
2.37 Parramatta Park Trust Regulation 2007 7
Schedule 1 8
Omit from Columns 1 and 2 under the heading "Parramatta Park Trust 9
Regulation 2007" the matter relating to clause 17 (g)-(k). 10
Insert instead: 11
clause 17 (g) $75
clause 17 (h) $300
clause 17 (i) $75
clause 17 (j) $75
clause 17 (k) $150
Explanatory note 12
The proposed amendment corrects penalty notice amounts that were incorrectly 13
transposed when the regulation was remade. 14
2.38 Penrith City Centre Local Environmental Plan 2008 15
[1] Dictionary, definition of "coastal lake" 16
Omit "State Environmental Planning Policy 71--Coastal Protection". 17
Insert instead "State Environmental Planning Policy No 71--Coastal 18
Protection". 19
[2] Dictionary, definitions of "permanent group home" and "transitional 20
group home" 21
Omit "State Environmental Planning Policy (Seniors Living) 2004" wherever 22
occurring. 23
Insert instead "State Environmental Planning Policy (Housing for Seniors or 24
People with a Disability) 2004". 25
Explanatory note 26
The proposed amendments correct the citations of instruments. 27
Page 53
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
2.39 Pesticides Regulation 1995 1
[1] Schedule 1 2
Omit "Penalty (indivs)" and "Penalty (corpns)" wherever occurring. 3
Insert instead "Penalty $ (indivs)" and "Penalty $ (corpns)", respectively. 4
[2] Schedule 1 5
Omit "$" wherever occurring in Columns 2 and 3 of the matter relating to 6
clauses 11B, 11C, 11E and 11F. 7
Explanatory note 8
The proposed amendments clarify the amounts for penalty notice offences. 9
2.40 Poisons and Therapeutic Goods Regulation 2002 10
Clause 70 (2) (d) 11
Omit "nurse or midwife practitioner". Insert instead "nurse practitioner". 12
Explanatory note 13
The proposed amendment corrects a reference. 14
2.41 Police Integrity Commission Act 1996 No 28 15
Section 14A 16
Omit the section. 17
Explanatory note 18
The proposed amendment omits a spent provision. 19
2.42 Police Regulation 2000 20
Clause 50 (3) 21
Omit "authorised officer". Insert instead "authorised person". 22
Explanatory note 23
The proposed amendment corrects a reference to a class of persons. 24
2.43 Property, Stock and Business Agents Regulation 2003 25
Clause 11 (4) 26
Omit the subclause (including the penalty provision). 27
Explanatory note 28
The proposed amendment omits a duplicated penalty. 29
Page 54
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.44 Psychologists Act 2001 No 69 1
Schedule 1, clauses 4 (1) (a) and 30 (6) 2
Omit "this section" wherever occurring. Insert instead "this clause". 3
Explanatory note 4
The proposed amendment corrects typographical errors. 5
2.45 Public Health Act 1991 No 10 6
[1] Section 10AM (2) 7
Omit "code of practice". Insert instead "code of conduct". 8
[2] Section 57A 9
Omit "(7)". 10
Explanatory note 11
Item [1] of the proposed amendments corrects a typographical error. 12
Item [2] of the proposed amendments removes redundant numbering. 13
2.46 Quirindi Local Environmental Plan 1991 14
Clause 5 (1), definition of "the map" 15
Omit "1991'.". 16
Insert instead "1991', as amended by the maps, or sheets of maps, marked as 17
follows:". 18
Explanatory note 19
The proposed amendment clarifies a definition. 20
2.47 Racing Administration Act 1998 No 114 21
[1] Sections 26D (4) (a) and (b) and 26E (1) (a) and (b) 22
Omit the paragraphs. 23
[2] Section 26D (4) (d) 24
Omit "failed to pay an amount due as referred to in paragraph (a) or been 25
convicted of an offence as referred to in paragraph (b) or (c)". 26
Insert instead "been convicted of an offence as referred to in paragraph (c)". 27
Page 55
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
[3] Section 26D (4) (e) 1
Omit "failed to pay an amount due as referred to in paragraph (a) or committed 2
an offence for which it was convicted as referred to in paragraph (b) or (c)". 3
Insert instead "committed an offence for which it was convicted as referred to 4
in paragraph (c)". 5
[4] Section 26E (1) (e) 6
Omit "failed to pay an amount due as referred to in paragraph (a), been 7
convicted of an offence as referred to in paragraph (b) or (c)". 8
Insert instead "been convicted of an offence as referred to in paragraph (c)". 9
[5] Section 26E (1) (f) 10
Omit "failed to pay an amount due as referred to in paragraph (a), committed 11
an offence for which it was convicted as referred to in paragraph (b) or (c)". 12
Insert instead "committed an offence for which it was convicted as referred to 13
in paragraph (c)". 14
Explanatory note 15
The proposed amendments omit redundant provisions that relate to betting tax payable 16
by bookmakers which was abolished on 31 March 2002. 17
2.48 Rockdale Local Environmental Plan 2000 18
[1] Clause 4 (c) 19
Omit "Airport held". Insert instead "Airport' held". 20
[2] Clause 4 (c) 21
Omit "Department'". Insert instead "Department". 22
[3] Clause 41A (2) (a) 23
Omit "13.3.meters". Insert instead "13.3 metres". 24
Explanatory note 25
The proposed amendments correct punctuation and a typographical error. 26
2.49 Rylstone Local Environmental Plan 1996 27
Schedule 2 28
Omit "Eact of Mt Graham". Insert instead "East of Mt Graham". 29
Explanatory note 30
The proposed amendment corrects a typographical error. 31
Page 56
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.50 Shops and Industries Regulation 2007 1
Schedule 1 2
Omit "Pharmacy Act 1964" from the matter relating to Chemists' shops in the 3
second column (Kinds of goods). 4
Insert instead "Pharmacy Practice Act 2006". 5
Explanatory note 6
The proposed amendment updates a reference to a repealed Act. 7
2.51 Sporting Injuries Insurance Regulation 2004 8
Clause 4 (2) 9
Omit "section 95 (1) of the Supreme Court Act 1970". 10
Insert instead "section 101 of the Civil Procedure Act 2005". 11
Explanatory note 12
The proposed amendment updates a redundant reference. 13
2.52 Standard Instrument (Local Environmental Plans) Order 14
2006 15
[1] Standard instrument, Part 2 16
Insert "or motel" after "Hotel" in item 4 of the matter relating to Zone E2 17
Environmental Conservation in the Land Use Table at the end of the Part. 18
[2] Standard instrument, clause 5.4 (9) 19
Omit "or". Insert instead "of". 20
[3] Standard instrument, Schedule 2 21
Omit "200 square metres", "25 square metres" and "150 square metres" from 22
subclauses (2), (4) (a) and (5) (a) of the clause headed "Tents or marquees used 23
solely for filming purposes". 24
Insert instead "200m2", "25m2" and "150m2", respectively. 25
[4] Standard instrument, Schedule 2 26
Omit "(as measured" from subclause (7) of the clause headed "Tents or 27
marquees used solely for filming purposes". 28
Insert instead "as measured". 29
Page 57
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
[5] Standard instrument, Schedule 2 1
Omit "which the" from subclause (7) of the clause headed "Tents or marquees 2
used solely for filming purposes". 3
Insert instead "which the tent". 4
[6] Standard instrument, Schedule 2 5
Insert "or" at the end of subclause (3) (b) of the clause headed "Rainwater 6
tanks". 7
[7] Standard instrument, Schedule 2 8
Omit "10,000 litres" and "25,000 litres" from subclause (5) of the clause 9
headed "Rainwater tanks". 10
Insert instead "10,000L" and "25,000L", respectively. 11
[8] Standard instrument, Schedule 2 12
Omit "public" from subclause (1) (b) of the clause headed "Satellite TV 13
dishes". 14
[9] Standard instrument, Schedule 2 15
Omit "if" from subclause (4) of the clause headed "Satellite TV dishes". 16
Insert instead "If". 17
[10] Standard instrument, Dictionary, definition of "home business" 18
Omit "involve" from paragraph (c). 19
[11] Standard instrument, Dictionary, definition of "relic" 20
Insert "of" after "name" in paragraph (a). 21
[12] Standard instrument, Dictionary, definition of "road" 22
Insert "the" after "meaning of". 23
[13] Standard instrument, Dictionary, definition of "shop" 24
Omit "stationary". Insert instead "stationery". 25
Page 58
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
[14] Standard instrument, Dictionary, definition of "temporary structure" 1
Omit "the Act". Insert instead "Act". 2
Commencement 3
The amendments to the Standard Instrument (Local Environmental Plans) Order 2006 4
are taken to have commenced on 1 January 2008. 5
Explanatory note 6
Items [1], [5], [6], [11] and [12] of the proposed amendments insert missing words. 7
Items [2], [4], [9] and [13] of the proposed amendments correct typographical errors. 8
Items [3] and [7] of the proposed amendments abbreviate standard measures. 9
Items [8], [10] and [14] of the proposed amendments omit redundant words. 10
2.53 State Environmental Planning Policy (Infrastructure) 2007 11
[1] Clause 70 (v) 12
Omit "overhead er". Insert instead "overhead power". 13
[2] Clause 117 14
Insert "In this Division:" after the heading to the clause. 15
Explanatory note 16
Item [1] of the proposed amendments corrects a typographical error. 17
Item [2] of the proposed amendments inserts missing words. 18
2.54 Stock Diseases Act 1923 No 34 19
Section 20C (1) (b) 20
Omit "the prescribed conditions". 21
Insert instead "such conditions as may be prescribed by the regulations". 22
Explanatory note 23
The proposed amendment clarifies an expression. 24
2.55 Surveillance Devices Act 2007 No 64 25
Section 41 (1) 26
Omit "chief executive officer" wherever occurring. 27
Insert instead "chief officer". 28
Explanatory note 29
The proposed amendment corrects references to an officer. 30
Page 59
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
2.56 Swimming Pools Act 1992 No 49 1
Section 19 2
Omit "outside swimming pool". Insert instead "outdoor swimming pool". 3
Explanatory note 4
The proposed amendment corrects inconsistent terminology. 5
2.57 Tamworth Local Environmental Plan 1996 6
Clause 18, heading before 7
Omit "zone" from the heading. Insert instead "zones". 8
Explanatory note 9
The proposed amendment updates a heading. 10
2.58 Terrorism (Police Powers) Act 2002 No 115 11
Section 27U (5) (a) 12
Omit "executed occupied the subject premises and, was". 13
Insert instead "executed, occupied the subject premises and was". 14
Explanatory note 15
The proposed amendment corrects punctuation. 16
2.59 Tumbarumba Local Environmental Plan 1988 17
Clause 9, table 18
Omit "National Parks and Wildlife Service Act 1974" from item 1 (a) of the 19
matter relating to Zone No 8 (National Parks and Nature Reserves Zone). 20
Insert instead "National Parks and Wildlife Act 1974". 21
Explanatory note 22
The proposed amendment corrects the citation of an Act. 23
2.60 Urana Local Environmental Plan 1990 24
Clause 5 (1), definition of "the map" 25
Omit "Plan 1990'.". 26
Insert instead "Plan 1990', as amended by the maps, or sheets of maps, marked 27
as follows:". 28
Explanatory note 29
The proposed amendment clarifies a definition. 30
Page 60
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments by way of statute law revision Schedule 2
2.61 Water Sharing Plan for the Lower Lachlan Groundwater 1
Source 2003 2
[1] Appendix 4, rule 16 3
Omit "he constructed". Insert instead "that the licensee constructed". 4
[2] Appendix 4, rule 16 5
Omit "demonstrates developed". 6
Insert instead "demonstrates that the licensee developed". 7
[3] Appendix 4, rule 16 8
Omit "purposed". Insert instead "purposes". 9
Explanatory note 10
Item [1] of the proposed amendments replaces gender-specific language. 11
Item [2] of the proposed amendments inserts missing words. 12
Item [3] of the proposed amendments corrects a typographical error. 13
2.62 Weapons Prohibition Act 1998 No 127 14
Sections 6 (3) (c) and 41 (3) (a) 15
Omit "Police Service" wherever occurring. Insert instead "Police Force". 16
Explanatory note 17
The proposed amendment updates references to an organisation. 18
2.63 Weapons Prohibition Regulation 1999 19
Clause 38 (a) and (b) 20
Omit "Police Service" wherever occurring. Insert instead "Police Force". 21
Explanatory note 22
The proposed amendment updates references to an organisation. 23
2.64 Weddin Local Environmental Plan 2002 24
Clause 29 (6) (c) 25
Omit "State Environmental Planning Policy 44". 26
Insert instead "State Environmental Planning Policy No 44". 27
Explanatory note 28
The proposed amendment corrects the citation of an instrument. 29
Page 61
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 2 Amendments by way of statute law revision
2.65 World Youth Day Act 2006 No 106 1
Section 44G (3) 2
Omit "satisfication". Insert instead "satisfaction". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
Page 62
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments consequential on enactment of Legal Profession Act 2004 Schedule 3
No 112
Schedule 3 Amendments consequential on 1
enactment of Legal Profession Act 2004 2
No 112 3
(Section 3) 4
Explanatory note 5
The Legal Profession Act 2004 introduced new terms to distinguish between different 6
types of lawyers. In particular, the Act introduced the concept of an Australian lawyer 7
(a person who is admitted to the legal profession under the Act or a corresponding law) 8
and an Australian legal practitioner (an Australian lawyer who holds a current local 9
practising certificate or a current interstate practising certificate). Currently, the 10
meanings of Australian legal practitioner and Australian lawyer are contained in the 11
Interpretation Act 1987 for ease of reference in other Acts. 12
3.1 Criminal Records Act 1991 No 8 13
Section 13 Unlawful disclosure of information concerning spent 14
convictions 15
Omit paragraph (n) of the definition of law enforcement agency in section 16
13 (5). 17
Insert instead: 18
(n) an Australian legal practitioner to the extent to which the 19
Australian legal practitioner is engaged by or on behalf of 20
the Crown to prosecute an offence, 21
Explanatory note 22
Section 13 of the Criminal Records Act 1991 makes it an offence to disclose 23
information concerning a spent conviction. However, the section contains exceptions 24
for law enforcement agencies. The proposed amendment includes an Australian legal 25
practitioner (to the extent to which he or she is engaged by or on behalf of the Crown 26
to prosecute an offence) within the definition of law enforcement agency. 27
3.2 Crown Advocate Act 1979 No 59 28
Section 3 Appointment of Crown Advocate 29
Omit "a legal practitioner" from section 3 (1). 30
Insert instead "an Australian legal practitioner". 31
Explanatory note 32
The proposed amendment to the Crown Advocate Act 1979 enables the Governor to 33
appoint an Australian legal practitioner of at least 7 years' standing as Crown Advocate. 34
Page 63
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 3 Amendments consequential on enactment of Legal Profession Act 2004
No 112
3.3 Petroleum (Onshore) Act 1991 No 84 1
Section 69I Right of appearance 2
Omit "a barrister or a solicitor" wherever occurring in section 69I (2) (a) 3
and (b). 4
Insert instead "an Australian legal practitioner". 5
Explanatory note 6
The proposed amendment to the Petroleum (Onshore) Act 1991 provides that any 7
party to a hearing into the question of access to any land by the holder of a prospecting 8
title may be represented by an Australian legal practitioner with the leave of the 9
arbitrator and the agreement of the parties. 10
3.4 Prisoners (Interstate Transfer) Act 1982 No 104 11
Sections 14 (3) (a) and 16 (2) 12
Omit "a legal practitioner" wherever occurring. 13
Insert instead "an Australian legal practitioner". 14
Explanatory note 15
The proposed amendment to the Prisoners (Interstate Transfer) Act 1982 provides that 16
a prisoner is entitled to be represented by an Australian legal practitioner in certain 17
circumstances. 18
3.5 Professional Standards Act 1994 No 81 19
Section 5 Occupational liability to which Act does not apply 20
Omit "a legal practitioner" from section 5 (3). 21
Insert instead "an Australian legal practitioner". 22
Explanatory note 23
The proposed amendment to the Professional Standards Act 1994 provides that the 24
exclusion from the operation of the Act of liability for damages arising from the death of 25
or personal injury to a person does not extend to liability for damages arising out of any 26
negligence or other fault of an Australian legal practitioner in acting for a client in a 27
personal injury claim. 28
3.6 Property, Stock and Business Agents Act 2002 No 66 29
[1] Section 5 Exemptions from Act 30
Omit "a legal practitioner" from section 5 (2) wherever occurring. 31
Insert instead "an Australian legal practitioner". 32
Page 64
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments consequential on enactment of Legal Profession Act 2004 Schedule 3
No 112
[2] Section 47 Duty of disclosure to client and prospective buyer of land 1
Omit "legal practitioner" from the note to section 47 (1). 2
Insert instead "Australian legal practitioner". 3
[3] Section 60 Agency agreement can be rescinded during cooling-off 4
period 5
Omit "solicitor" and "solicitors" from section 60 (2) (b). 6
Insert instead "Australian legal practitioner" and "Australian legal 7
practitioners", respectively. 8
[4] Section 64 Contracts for sale of residential property 9
Omit "the purchaser's solicitor's name and address" from section 64 (1) (a). 10
Insert instead "the name and address of the Australian legal practitioner acting 11
for the purchaser". 12
[5] Section 64 (2) 13
Omit "a solicitor" and "the solicitor". 14
Insert instead "an Australian legal practitioner" and "the Australian legal 15
practitioner", respectively. 16
[6] Section 64 (6) 17
Omit the definition of solicitor. Insert instead: 18
Australian legal practitioner includes a licensee under the 19
Conveyancers Licensing Act 2003. 20
[7] Section 153 Examination by receiver 21
Omit "a solicitor or barrister" from section 153 (2) (a). 22
Insert instead "an Australian legal practitioner". 23
Explanatory note 24
Item [1] of the proposed amendments to the Property, Stock and Business Agents 25
Act 2002 provides that the Act does not prevent an Australian legal practitioner from 26
exercising any function that, had the Act not been enacted, he or she might lawfully 27
have exercised as an Australian legal practitioner. 28
Item [2] of the proposed amendments provides that the relationship between an agent 29
and an Australian legal practitioner is an example of a relationship that should be 30
disclosed to the person for whom the agent is acting. 31
Item [3] of the proposed amendments provides that the notice rescinding an agency 32
agreement must be signed by the client or the client's Australian legal practitioner. 33
Items [4]-[6] of the proposed amendments amend section 64 to provide that: 34
(a) a real estate agent may insert the name and address of the Australian legal 35
practitioner acting for the purchaser in a contract for the sale of residential 36
property, and 37
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Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 3 Amendments consequential on enactment of Legal Profession Act 2004
No 112
(b) a real estate agent is not to participate in an exchange of contracts if it is 1
apparent that an Australian legal practitioner is or will be acting for a prospective 2
party to the contract, and 3
(c) for the purposes of the section, "Australian legal practitioner" includes a 4
licensee under the Conveyancers Licensing Act 2003. 5
Item [7] of the proposed amendments provides that an Australian legal practitioner may 6
represent a licensee or other person who is subject to examination by a receiver. 7
3.7 Public Finance and Audit Act 1983 No 152 8
Schedule 2 Statutory bodies 9
Omit "Legal Practitioners Admission Board constituted by the Legal 10
Profession Act 1987". 11
Insert instead "Legal Profession Admission Board constituted under the Legal 12
Profession Act 2004". 13
Explanatory note 14
The proposed amendment to the Public Finance and Audit Act 1983 updates a 15
reference so that the Legal Profession Admission Board is treated as a statutory body 16
for the purposes of the auditing provisions in Division 3 of Part 3 of that Act. 17
3.8 Public Health Act 1991 No 10 18
[1] Section 35 Restrictions on publication 19
Omit "legal practitioners" from section 35 (5) (a). 20
Insert instead "Australian lawyers". 21
[2] Section 39 Representation in proceedings under Division 6 22
Omit "a barrister or solicitor" wherever occurring. 23
Insert instead "an Australian legal practitioner". 24
Explanatory note 25
Item [1] of the proposed amendments to the Public Health Act 1991 updates a 26
reference so that the restriction on the publication of information concerning 27
proceedings under Division 6 of Part 3 of that Act does not apply in respect of a 28
publication intended to be read mainly by Australian lawyers. 29
Item [2] of the proposed amendments provides that a party to proceedings under 30
Division 6 of Part 3 of that Act may be represented by an Australian legal practitioner. 31
Page 66
Statute Law (Miscellaneous Provisions) Bill 2008
Amendments consequential on enactment of Legal Profession Act 2004 Schedule 3
No 112
3.9 Registered Clubs Act 1976 No 31 1
Section 41Y Nature of inquiry 2
Omit "a legal practitioner" from section 41Y (1) (b). 3
Insert instead "an Australian lawyer". 4
Explanatory note 5
The proposed amendment to the Registered Clubs Act 1976 gives an Australian lawyer 6
of at least 7 years' standing who is presiding at an inquiry in relation to a registered club 7
certain powers and authorities conferred on a commissioner by Division 2 of Part 2 of 8
the Royal Commissions Act 1923 (if expressly stated in his or her instrument of 9
appointment to preside at the inquiry). 10
Page 67
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 4 Repeals
Schedule 4 Repeals 1
(Section 4) 2
Part 1 Acts that are redundant 3
Companies Act 1961 No 71 4
Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62 5
Companies (Administration) Act 1981 No 64 6
Companies and Securities (Interpretation and Miscellaneous Provisions) 7
(Application of Laws) Act 1981 No 63 8
Companies (Application of Laws) Act 1981 No 122 9
Companies (Transfer of Domicile) Act 1968 No 15 10
Futures Industry (Application of Laws) Act 1986 No 66 11
Securities Industry Act 1975 (1976 No 3) 12
Securities Industry (Application of Laws) Act 1981 No 61 13
Trustees Protection Act 1931 No 28 14
Part 2 Statutory instruments that are redundant 15
Catchment Management Authorities (Savings and Transitional) Regulation 2004 16
Farm Produce (Savings and Transitional) Regulation 1983 17
Fisheries Management (Continuation of Activities in Lowland Darling River 18
Catchment) Interim Order 2004 Number 2 19
Fisheries Management (Continuation of Activities in Lowland Darling River 20
Catchment) Interim Order 2005 Number 1 21
Fisheries Management (Continuation of Activities Relating to Southern Bluefin 22
Tuna) Interim Order 2004 23
Fisheries Management (Continuation of Activities Relating to Southern Bluefin 24
Tuna) Interim Order 2005 25
Gaming Machines (Savings and Transitional) Regulation 2002 26
aw and Justice Foundation (Transitional) Regulation 2000 27
Parliamentary Contributory Superannuation (Savings and Transitional) Regulation 28
1999 29
Privacy and Personal Information Protection (Transitional) Regulation 1999 30
Probate and Administration Regulation 2003 31
Rural Lands Protection (Savings and Transitional) Regulation 2001 32
Southern Cross University (Transitional) Regulation 1994 33
Page 68
Statute Law (Miscellaneous Provisions) Bill 2008
Repeals Schedule 4
Part 3 Acts or provisions of Acts or instruments that 1
contain only amendments that are commenced 2
or are unincorporable 3
Note. Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act or statutory 4
rule is repealed, no amendment or validation made by the Act or statutory rule is affected. 5
(Section 5 (6) of that Act applies section 30 to environmental planning instruments.) 6
Name of Act Extent of repeal
Apiaries Amendment Act 2006 No 99 Section 5 and Schedule 1 [1]-[8],
[10]-[18], [20] and [22]-[31],
Schedule 2 [1], [3] and [4] and
Schedule 3
Coal Acquisition Legislation Repeal Act 2007 Section 3 and Schedules 1 and 2
No 62
Coal Mine Health and Safety Act 2002 No 129 Sections 223 and 224 and
Schedules 1 and 2
Community Justice Centres Amendment Act 2007 Schedule [1]-[3], [5], [6], [9]-[16],
No 70 [19], [21]-[29], [31] and [34]-[39]
and Schedule 2.3
Confiscation of Proceeds of Crime Amendment Act Whole Act
2005 No 73
Courts and Other Legislation Amendment Act 2007 Schedules 1, 3, 4 [1]-[8] and
No 73 [10]-[32] and 5
Criminal Legislation Amendment Act 2007 No 57 Section 4 and Schedules 1-3 and
4 [1] and [7]-[12]
Electricity (Consumer Safety) Act 2004 No 4 Section 58 and Schedules 2, 3 and 4
Health Legislation Amendment Act 2007 No 89 Section 3 and Schedules 1 and 2.1 [2]
and 2.2-2.14
ocal Government and Environmental Planning Section 5 and Schedule 1 [1]-[3] and
and Assessment Amendment (Transfer of Functions) [5]-[16], Schedule 2 [1], [4],
Act 2001 No 93 [7]-[10A], [14] and [15] and
Schedule 3
Mental Health Act 2007 No 8 Section 199 and Schedule 7
Payroll Tax Act 2007 No 21 Section 105 and Schedule 4
Pharmacy Practice Act 2006 No 59 Section 156 and Schedule 7
Photo Card Act 2005 No 20 Schedule 2.1, 2.2 [2] and [3], 2.3 [1]
and 2.4
Page 69
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 4 Repeals
Name of Act Extent of repeal
Registered Clubs Amendment Act 2006 No 103 Schedule 1 [1]-[10], [12], [13],
[27]-[33], [38]-[43], [49]-[52] and
[54]
Security Industry Amendment Act 2005 No 63 Section 4 and Schedule 1 [1]-[4],
[8]-[42], [44], [45], [47]-[49],
[51]-[53], [55]-[64], [66]-[79] and
[81]-[88]
Sheriff Act 2005 No 6 Section 17 (2) and Schedule 1
State Environmental Planning Policy (Major Clause 13 and Schedule 4
Projects) 2005
State Property Authority Act 2006 No 40 Section 24 and Schedule 3
Stock Diseases Amendment (Artificial Breeding) Whole Act
Act 2004 No 35
Sydney 2009 World Masters Games Organising Section 42 and Schedule 2
Committee Act 2005 No 65
Totalizator Agency Board Privatisation Act 1997 Sections 11, 19 and 34 and
No 43 Schedules 2-4
Uniting Church in Australia Act 1977 No 47 Schedule 3
Water Efficiency Labelling and Standards (New Section 21 and Schedule 1
South Wales) Act 2005 No 12
Water Management Act 2000 No 92 Schedule 8.1-8.14, 8.16-8.26,
8.27 [1]-[4] and [6], 8.28 and 8.29
World Youth Day Act 2006 No 106 Section 60 and Schedule 2
Explanatory note 1
Part 1 repeals Acts that are redundant. 2
Part 2 repeals statutory instruments that are redundant. 3
Part 3 repeals Acts or provisions of Acts or instruments that contain only: 4
(a) commenced amendments to other Acts or instruments, or 5
(b) uncommenced amending provisions that cannot be commenced because the Act or 6
instrument that they amend has been repealed or has been amended in such a way 7
that they are unincorporable (as in the case of Schedule 2.7, 2.8, 2.10 [1], 2.15 and 8
2.17 to the Coal Mine Health and Safety Act 2002 and Schedule 4.3 [1] to the Electricity 9
(Consumer Safety) Act 2004). 10
In relation to the repeal of amending Acts or amending provisions, it should be noted that the 11
Acts or provisions are repealed simply to rationalise the legislation in force and that the repeals 12
have no substantive effect on the amendments made by the Acts or provisions, or any 13
associated provisions. The Acts that were amended by the Acts being repealed are up-to-date 14
on the NSW legislation website maintained by the Parliamentary Counsel's Office 15
(www.legislation.nsw.gov.au). 16
Page 70
Statute Law (Miscellaneous Provisions) Bill 2008
Repeals Schedule 4
Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not affected 1
when an Act or statutory rule is amended or repealed: 2
(a) the proof of any past act or thing, 3
(b) any right, privilege, obligation or liability saved by the operation of the Act or statutory 4
rule, 5
(c) any amendment or validation made by the Act or statutory rule, 6
(d) the operation of any savings or transitional provision contained in the Act or statutory 7
rule. 8
Page 71
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 5 General savings, transitional and other provisions
Schedule 5 General savings, transitional and other 1
provisions 2
(Section 5) 3
1 Effect of amendment of amending provisions 4
(1) An amendment made by Schedule 1 or 2 to an amending provision 5
contained in an Act is, if the amending provision has commenced before 6
the date of assent to this Act, taken to have effect as from the 7
commencement of the amending provision (whether or not the 8
amending provision has been repealed). 9
(2) In this clause: 10
amending provision means a provision of an Act that makes a direct 11
amendment to an Act by: 12
(a) the repeal or omission of matter contained in the amended Act 13
without the insertion of any matter instead of the repealed or 14
omitted matter, or 15
(b) the omission of matter contained in the amended Act and the 16
insertion of matter instead of the omitted matter, or 17
(c) the insertion into the amended Act of matter, not being matter 18
inserted instead of matter omitted from the Act. 19
Explanatory note 20
This clause ensures that certain amendments, including amendments correcting errors 21
in technical provisions (for example, headings indicating the section to be amended or 22
directions as to where a new section is to be inserted) and rectifying minor drafting 23
errors (for example, corrections in numbering of provisions, correction or insertion of 24
cross-references, omission of unnecessary matter or insertion of omitted matter), will 25
be taken to have commenced on the date the amendments to which they relate 26
commenced. 27
2 Effect of amendment or repeal on acts done or decisions made 28
Except where it is expressly provided to the contrary, if this Act: 29
(a) amends a provision of an Act or an instrument, or 30
(b) repeals and re-enacts (with or without modification) a provision 31
of an Act or an instrument, 32
any act done or decision made under the provision amended or repealed 33
has effect after the amendment or repeal as if it had been done or made 34
under the provision as so amended or repealed. 35
Explanatory note 36
This clause ensures that the amendment or repeal of a provision will not, unless 37
expressly provided, vitiate any act done or decision made under the provision as in 38
force before the amendment or repeal. 39
Page 72
Statute Law (Miscellaneous Provisions) Bill 2008
General savings, transitional and other provisions Schedule 5
3 Application of Interpretation Act 1987 to amendments to statutory rules 1
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to 2
any amendments to statutory rules made by this Act. 3
Explanatory note 4
This clause makes it clear that certain provisions concerning the making, tabling and 5
disallowance of statutory rules do not apply to amendments to statutory rules made by 6
the proposed Act. 7
4 Effect of amendment on instruments 8
(1) Except where expressly provided to the contrary, any instrument made 9
under an Act amended by this Act, that is in force immediately before 10
the commencement of the amendment, is taken to have been made 11
under the Act as amended. 12
(2) The amendment of an instrument by this Act does not prevent its later 13
amendment or repeal by another instrument. 14
Explanatory note 15
Subclause (1) ensures that, unless expressly provided, any instrument that is in force 16
and made under a provision of an Act that is amended or substituted by the proposed 17
Act will be taken to have been made under the Act as amended. 18
Subclause (2) ensures that the amendment of an instrument by the proposed Act does 19
not prevent its later amendment or repeal by another instrument. 20
5 Revocation of repeal 21
(1) The Governor may by proclamation published in the Gazette revoke the 22
repeal of any Act or instrument effected by this Act. 23
(2) Any Act or instrument the subject of a proclamation under subclause (1) 24
is taken not to be, and never to have been, repealed by this Act. 25
(3) Subclause (2) does not operate in respect of any Act or instrument so as: 26
(a) to affect in a manner prejudicial to any person (other than the 27
State or an authority of the State) the rights of that person existing 28
before the date of publication in the Gazette of the proclamation 29
under subclause (1) in respect of that Act or instrument, or 30
(b) to impose liabilities on any person (other than the State or an 31
authority of the State) in respect of anything done or omitted to 32
be done before the date of publication of that proclamation. 33
(4) A reference in this clause to an Act or instrument includes a reference 34
to a provision of any Act or instrument. 35
Explanatory note 36
This clause enables the Governor, by proclamation, to revoke the repeal of any Act or 37
instrument or the provision of any Act or instrument repealed by this Act. The Act or 38
instrument or provision of an Act or instrument the subject of the revocation of repeal 39
is taken not to be, and never to have been, repealed. 40
Page 73
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 5 General savings, transitional and other provisions
6 Regulations 1
(1) The Governor may make regulations containing provisions of a savings 2
or transitional nature consequent on the enactment of this Act. 3
(2) Any such provision may, if the regulations so provide, take effect from 4
the date of assent to this Act or a later date. 5
(3) To the extent to which any such provision takes effect from a date that 6
is earlier than the date of its publication in the Gazette, the provision 7
does not operate so as: 8
(a) to affect, in a manner prejudicial to any person (other than the 9
State or an authority of the State), the rights of that person 10
existing before the date of its publication, or 11
(b) to impose liabilities on any person (other than the State or an 12
authority of the State) in respect of anything done or omitted to 13
be done before the date of its publication. 14
Explanatory note 15
This clause enables the making of regulations of a savings or transitional nature having 16
a short term effect and relating to incidental matters arising out of the proposed Act with 17
regard to which no specific, or sufficient, provision has been made in the proposed Act. 18
Page 74
Statute Law (Miscellaneous Provisions) Bill 2008
Notes Schedule 5
Notes 1
Index of Acts and instruments amended by Schedules 1-3 2
Aboriginal Land Rights Act 1983 No 42--Schedule 1 3
Agricultural Industry Services Act 1998 No 45--Schedule 1 4
Armidale Dumaresq Local Environmental Plan 2008--Schedule 2 5
Australian Museum Trust Act 1975 No 95--Schedule 1 6
Betting Tax Act 2001 No 43--Schedule 2 7
Births, Deaths and Marriages Registration Act 1995 No 62--Schedule 1 8
Bombala Local Environmental Plan 1990--Schedule 2 9
Building and Construction Industry Security of Payment Act 1999 No 46-- 10
Schedule 2 11
Cabonne Local Environmental Plan 1991--Schedule 2 12
Casino, Liquor and Gaming Control Authority Act 2007 No 91--Schedule 2 13
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2 14
Coal Acquisition (Compensation) Arrangements 1985--Schedule 2 15
Commercial Fishing Environmental Impact Statement Arrangements 2001-- 16
Schedule 2 17
Conargo Local Environmental Plan 1987--Schedule 2 18
Consumer Credit Administration Regulation 2002--Schedule 2 19
Conveyancers Licensing Act 2003 No 3--Schedule 1 20
Conveyancing Act 1919 No 6--Schedule 2 21
Coonabarabran Local Environmental Plan 1990--Schedule 2 22
Co-operatives Act 1992 No 18--Schedule 2 23
Court Security Act 2005 No 1--Schedule 2 24
Credit (Savings and Transitional) Regulation 1984--Schedule 2 25
Criminal Records Act 1991 No 8--Schedule 3 26
Crown Advocate Act 1979 No 59--Schedule 3 27
Culcairn Local Environmental Plan 1998--Schedule 2 28
Dental Practice Act 2001 No 64--Schedule 1 29
Election Funding Regulation 2004--Schedule 2 30
Electricity Supply (General) Regulation 2001--Schedule 2 31
Encroachment of Buildings Act 1922 No 23--Schedule 2 32
Environmental Planning and Assessment Act 1979 No 203--Schedule 2 33
Environmental Planning and Assessment Regulation 2000--Schedule 2 34
Eurobodalla Rural Local Environmental Plan 1987--Schedule 2 35
Fines Act 1996 No 99--Schedule 1 36
Page 75
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 5 Notes
Firearms Act 1996 No 46--Schedule 2 1
First State Superannuation Act 1992 No 100--Schedule 1 2
Forestry Act 1916 No 55--Schedule 1 3
Forestry and National Park Estate Act 1998 No 163--Schedule 1 4
Freedom of Information Regulation 2005--Schedule 2 5
Guardianship Act 1987 No 257--Schedule 1 6
Health Services Act 1997 No 154--Schedule 2 7
Holroyd Local Environmental Plan 1991--Schedule 2 8
Home Building Act 1989 No 147--Schedule 2 9
Housing Act 2001 No 52--Schedule 2 10
Interpretation Act 1987 No 15--Schedule 2 11
and and Environment Court Regulation 2005--Schedule 2 12
egal Aid Commission Act 1979 No 78--Schedule 2 13
icensing and Registration (Uniform Procedures) Act 2002 No 28--Schedule 1 14
iquor Act 2007 No 90--Schedule 1 15
ithgow City Local Environmental Plan 1994--Schedule 2 16
ocal Government Associations Incorporation Act 1974 No 20--Schedule 1 17
Medical Practice Act 1992 No 94--Schedule 1 18
Mid-Western Regional Interim Local Environmental Plan 2008--Schedule 2 19
National Parks and Wildlife Act 1974 No 80--Schedule 1 20
Native Vegetation Act 2003 No 103--Schedule 1 21
Nature Conservation Trust Act 2001 No 10--Schedule 1 22
Newcastle City Centre Local Environmental Plan 2008--Schedule 2 23
Occupational Health and Safety Act 2000 No 40--Schedule 1 24
Occupational Health and Safety Regulation 2001--Schedule 2 25
Ombudsman Act 1974 No 68--Schedule 1 26
Parramatta Park Trust Regulation 2007--Schedule 2 27
Penrith City Centre Local Environmental Plan 2008--Schedule 2 28
Pesticides Regulation 1995--Schedule 2 29
Petroleum (Onshore) Act 1991 No 84--Schedule 3 30
Pharmacy Practice Act 2006 No 59--Schedule 1 31
Poisons and Therapeutic Goods Regulation 2002--Schedule 2 32
Police Act 1990 No 47--Schedule 1 33
Police Integrity Commission Act 1996 No 28--Schedule 2 34
Police Regulation 2000--Schedule 2 35
Poultry Meat Industry Act 1986 No 101--Schedule 1 36
Page 76
Statute Law (Miscellaneous Provisions) Bill 2008
Notes Schedule 5
Prisoners (Interstate Transfer) Act 1982 No 104--Schedule 3 1
Probate and Administration Act 1898 No 13--Schedule 1 2
Professional Standards Act 1994 No 81--Schedule 3 3
Property, Stock and Business Agents Act 2002 No 66--Schedules 1 and 3 4
Property, Stock and Business Agents Regulation 2003--Schedule 2 5
Protection of the Environment Operations Act 1997 No 156--Schedule 1 6
Psychologists Act 2001 No 69--Schedule 2 7
Public Finance and Audit Act 1983 No 152--Schedule 3 8
Public Health Act 1991 No 10--Schedules 2 and 3 9
Quirindi Local Environmental Plan 1991--Schedule 2 10
Racing Administration Act 1998 No 114--Schedule 2 11
Registered Clubs Act 1976 No 31--Schedule 3 12
Registered Clubs Amendment Act 2006 No 103--Schedule 1 13
Road Transport Legislation Amendment (Car Hoons) Act 2008 No 4--Schedule 1 14
Rockdale Local Environmental Plan 2000--Schedule 2 15
Rylstone Local Environmental Plan 1996--Schedule 2 16
Shops and Industries Regulation 2007--Schedule 2 17
Soil Conservation Act 1938 No 10--Schedule 1 18
Sporting Injuries Insurance Regulation 2004--Schedule 2 19
Standard Instrument (Local Environmental Plans) Order 2006--Schedule 2 20
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 1 21
State Authorities Superannuation Act 1987 No 211--Schedule 1 22
State Environmental Planning Policy (Infrastructure) 2007--Schedule 2 23
State Property Authority Act 2006 No 40--Schedule 1 24
State Records Act 1998 No 17--Schedule 1 25
Stock Diseases Act 1923 No 34--Schedule 2 26
Subordinate Legislation Act 1989 No 146--Schedule 1 27
Superannuation Act 1916 No 28--Schedule 1 28
Surveillance Devices Act 2007 No 64--Schedule 2 29
Swimming Pools Act 1992 No 49--Schedule 2 30
Sydney Water Catchment Management Act 1998 No 171--Schedule 1 31
Tamworth Local Environmental Plan 1996--Schedule 2 32
Terrorism (Police Powers) Act 2002 No 115--Schedule 2 33
Threatened Species Conservation Act 1995 No 101--Schedule 1 34
Tumbarumba Local Environmental Plan 1988--Schedule 2 35
Urana Local Environmental Plan 1990--Schedule 2 36
Page 77
Statute Law (Miscellaneous Provisions) Bill 2008
Schedule 5 Notes
Vaulation of Land Act 1916 No 2--Schedule 1 1
Waste Avoidance and Resource Recovery Act 2001 No 58--Schedule 1 2
Water Sharing Plan for the Lower Lachlan Groundwater Source 2003--Schedule 2 3
Weapons Prohibition Act 1998 No 127--Schedule 2 4
Weapons Prohibition Regulation 1999--Schedule 2 5
Weddin Local Environmental Plan 2002--Schedule 2 6
Wesley College Incorporation Act 1910--Schedule 1 7
World Youth Day Act 2006 No 106--Schedule 2 8
Zoological Parks Board Act 1973 No 34--Schedule 1 9
Index of Acts and instruments repealed by Schedule 4 10
Catchment Management Authorities (Savings and Transitional) Regulation 2004 11
Companies Act 1961 No 71 12
Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62 13
Companies (Administration) Act 1981 No 64 14
Companies and Securities (Interpretation and Miscellaneous Provisions) 15
(Application of Laws) Act 1981 No 63 16
Companies (Application of Laws) Act 1981 No 122 17
Companies (Transfer of Domicile) Act 1968 No 15 18
Confiscation of Proceeds of Crime Amendment Act 2005 No 73 19
Farm Produce (Savings and Transitional) Regulation 1983 20
Fisheries Management (Continuation of Activities in Lowland Darling River 21
Catchment) Interim Order 2004 Number 2 22
Fisheries Management (Continuation of Activities in Lowland Darling River 23
Catchment) Interim Order 2005 Number 1 24
Fisheries Management (Continuation of Activities Relating to Southern Bluefin 25
Tuna) Interim Order 2004 26
Fisheries Management (Continuation of Activities Relating to Southern Bluefin 27
Tuna) Interim Order 2005 28
Futures Industry (Application of Laws) Act 1986 No 66 29
Gaming Machines (Savings and Transitional) Regulation 2002 30
aw and Justice Foundation (Transitional) Regulation 2000 31
Parliamentary Contributory Superannuation (Savings and Transitional) Regulation 32
1999 33
Privacy and Personal Information Protection (Transitional) Regulation 1999 34
Probate and Administration Regulation 2003 35
Rural Lands Protection (Savings and Transitional) Regulation 2001 36
Securities Industry Act 1975 (1976 No 3) 37
Page 78
Statute Law (Miscellaneous Provisions) Bill 2008
Notes Schedule 5
Securities Industry (Application of Laws) Act 1981 No 61 1
Southern Cross University (Transitional) Regulation 1994 2
Stock Diseases Amendment (Artificial Breeding) Act 2004 No 35 3
Trustees Protection Act 1931 No 28 4
Page 79
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