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New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of this Act 2
4 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 23
Schedule 3 Repeals 52
Schedule 4 General savings, transitional and other provisions 54
Notes 57
b2009-147-43.d09
New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2010
No , 2010
A Bill for
An Act to repeal an Act 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 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2010. 3
2 Commencement 4
(1) This Act commences on 9 July 2010, except as provided by this section. 5
(2) The amendments made by the Schedules to this Act commence on the 6
day or days specified in those Schedules in relation to the amendments 7
concerned. If a commencement day is not specified, the amendments 8
commence on 9 July 2010. 9
3 Repeal of this Act 10
(1) A subschedule of Schedule 1 or 2 is repealed on the day following the 11
day on which all of the provisions of the subschedule have commenced 12
(except as provided by subsection (2)). 13
(2) If a subschedule of Schedule 1 or 2 commences before the date of assent 14
to this Act, the subschedule is repealed on the day after the date of assent 15
to this Act. 16
(3) The repeal by this section of any such subschedule does not, because of 17
the operation of section 30 of the Interpretation Act 1987, affect any 18
amendment made by those subschedules. 19
4 Explanatory notes 20
The matter appearing under the heading "Explanatory note" in any of 21
the Schedules does not form part of this Act. 22
Page 2
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Aboriginal Land Rights Act 1983 No 42 2
[1] Section 4 Definitions 3
Omit the definition of Director-General from section 4 (1). 4
Insert in alphabetical order: 5
Chief Executive means the Chief Executive of Aboriginal 6
Affairs NSW, Department of Human Services. 7
[2] Sections 216 (1), 222 (1) and 234 (2) 8
Omit "Director-General" wherever occurring. 9
Insert instead "Chief Executive". 10
[3] Schedule 4 Savings, transitional and other provisions 11
Omit "on or after 1 July 2010" from clause 45 (2). 12
Insert instead "on or after 1 January 2013". 13
Commencement 14
Item [3] of the amendments commences, or is taken to have commenced, on 15
1 July 2010. 16
Explanatory note 17
Items [1] and [2] of the proposed amendments to the Aboriginal Land Rights Act 1983 18
(the Act) update references, consequential on the Public Sector Employment and 19
Management (Departmental Amalgamations) Order 2009. 20
Since 1 July 2007, a Local Aboriginal Land Council (a LALC) may provide a social 21
housing scheme in accordance with the approval of the NSW Aboriginal Land Council 22
(NSW ALC) given under Part 5 of the Act. 23
Transitional provisions in the Act currently prohibit a LALC from operating a social 24
housing scheme already in existence on 1 July 2007 (an existing social housing 25
scheme), on or after 1 July 2010, except in accordance with an approval of the NSW 26
ALC given under those provisions. The effect of item [3] of the proposed amendments 27
is to extend the period during which a LALC can continue to operate an existing social 28
housing scheme without such approval of the NSW ALC until 31 December 2012. 29
1.2 Adoption Act 2000 No 75 30
[1] Section 186 Unauthorised disclosure of information 31
Omit "Chapter 8, except" from section 186 (1). 32
Insert instead "this Act or the regulations, except". 33
Page 3
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
[2] Section 186 (1) (a)-(e) 1
Omit section 186 (1) (a) and (b). Insert instead: 2
(a) with the consent of the person from whom the information 3
was obtained, or 4
(b) in connection with the administration or execution of this 5
Act or the regulations, or 6
(c) for the purposes of any legal proceedings arising out of this 7
Act or the regulations, or of any report of any such 8
proceedings, or 9
(d) in accordance with a requirement imposed under the 10
Ombudsman Act 1974, or 11
(e) with other lawful excuse. 12
Explanatory note 13
Section 186 (1) of the Adoption Act 2000 (the Act) provides that a person must not 14
disclose any information relating to an adopted person, birth parent or adoptive parent 15
obtained in connection with the administration or execution of Chapter 8 of the Act, 16
except in certain specified circumstances, namely in connection with the administration 17
or execution of Chapter 8 or as authorised or required by law. 18
Item [1] of the proposed amendments expands the prohibition in section 186 of the Act 19
to all such adoption information obtained in connection with the administration or 20
execution of the Act or the regulations under the Act. 21
Item [2] of the proposed amendments expands the circumstances in which disclosure 22
of that information is legally permitted. The circumstances in which disclosure of 23
information is to be permitted are to be the same as the circumstances in which 24
disclosure is currently permitted under the Children and Young Persons (Care and 25
Protection) Act 1998. 26
1.3 Animal Research Act 1985 No 123 27
[1] Section 3 Definitions 28
Omit "Primary Industries" from the definition of Department in section 3 (1). 29
Insert instead "Industry and Investment". 30
[2] Section 6 The Panel 31
Omit "Vice Chancellors Conference" from section 6 (2) (a). 32
Insert instead "Vice-Chancellors' Committee". 33
[3] Section 6 (2) (b) 34
Omit "the Australian Pharmaceutical Manufacturers' Association". 35
Insert instead "Medicines Australia". 36
Page 4
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
[4] Section 6 (2) (f) 1
Insert "and Training" after "Education". 2
[5] Section 6 (2) (g) 3
Omit "Agriculture and Fisheries". Insert instead "Primary Industries". 4
[6] Section 41 Duration of licences 5
Omit "12 months" from section 41 (1). Insert instead "36 months". 6
[7] Section 62 Regulations 7
Insert ", including the waiver or refund of the whole or part of a fee or charge" 8
after "Act" in section 62 (1) (e). 9
Explanatory note 10
Item [1] of the proposed amendments to the Animal Research Act 1985 (the Act) 11
updates a reference in the Act to a Government Department. 12
Items [2] and [3] update references in the Act to entities that are members of the Animal 13
Research Review Panel constituted by the Act. 14
Items [4] and [5] update references in the Act to Ministers' portfolios. 15
Item [6] extends the duration of an animal supplier's licence under the Act from 16
12 months to 36 months (unless sooner cancelled). 17
Item [7] makes it clear that the existing power in the Act to make regulations for or with 18
respect to the fees or charges that may be imposed for the purposes of the Act includes 19
a power to make regulations for or with respect to the waiver or refund of those fees or 20
charges. 21
1.4 Annual Reports (Departments) Act 1985 No 156 22
[1] Section 9 Annual reports 23
Omit "a financial report" from section 9 (1) (a). 24
Insert instead "the Department's financial report". 25
[2] Section 9 (1) (a1) 26
Insert after section 9 (1) (a): 27
(a1) the financial report so prepared of each entity referred to in 28
section 45A (1A) of the Public Finance and Audit Act 29
1983 that is controlled by the Department, 30
[3] Section 9 (1) (b) 31
Omit "the financial report". 32
Insert instead "any financial report referred to in paragraph (a) or (a1)". 33
Page 5
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
Commencement 1
The amendments commence, or are taken to have commenced, on 30 June 2010. 2
Explanatory note 3
The proposed amendments to the Annual Reports (Departments) Act 1985 make it 4
clear that the annual report of a Department must include the financial report of any 5
controlled entity of the Department as prepared under Division 4A of Part 3 of the Public 6
Finance and Audit Act 1983. 7
1.5 Annual Reports (Statutory Bodies) Act 1984 No 87 8
Section 3 Definitions 9
Insert at the end of the definition of statutory body in section 3 (1): 10
Note. See also section 24A of the State Owned Corporations Act 1989 11
which provides that statutory SOCs are also statutory bodies for the 12
purposes of this Act. 13
Explanatory note 14
The proposed amendment to the Annual Reports (Statutory Bodies) Act 1984 inserts a 15
note to draw attention to the fact that the annual report of a statutory State owned 16
corporation is also subject to the Act. 17
1.6 Associations Incorporation Act 2009 No 7 18
[1] Section 18 Unacceptable names 19
Omit "or (f)" from section 18 (2). Insert instead ", (f) or (g)". 20
[2] Section 76 Director-General may cancel registration 21
Omit section 76 (1) (h). Insert instead: 22
(h) during the last 3 financial years, none of the documents 23
required to have been lodged for the association under 24
section 45 (if the association is a Tier 1 association) or 25
section 49 (if the association is a Tier 2 association) has 26
been lodged, or 27
Explanatory note 28
Item [1] of the proposed amendments to the Associations Incorporation Act 2009 29
(the Act) allows the Minister for Fair Trading to direct that a name that has been 30
declared by regulations under the Act to be an unacceptable name for an incorporated 31
association is acceptable in a particular case. (This power is consistent with that of the 32
Federal Minister administering the Corporations Act 2001 of the Commonwealth, in 33
relation to names that have been declared by regulations under that Act to be 34
unacceptable for registration in relation to a company.) 35
Item [2] allows the Director-General to cancel an association's registration if satisfied 36
that, during the last 3 financial years, none of the documents relating to the finances of 37
the association that are required to be lodged with the Director-General under the Act, 38
has been lodged (rather than if satisfied that no "financial statements" for the 39
association have been lodged, as is currently the case in the Act). The amendment 40
brings this ground for cancellation into line with that provided for in the Associations 41
Incorporation Act 1984. 42
Page 6
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
1.7 Australian Museum Trust Act 1975 No 95 1
[1] Section 8 Powers of Trust 2
Omit "from within or outside the State, and preserve," from section 8 (1) (a). 3
Insert instead "and preserve". 4
[2] Section 8 (1) (c) 5
Omit "whether within or outside the State,". 6
[3] Section 8 (1) (d) 7
Omit ", including research outside the State,". 8
[4] Section 8 (1A) and (1B) 9
Insert after section 8 (1): 10
(1A) The Trust may engage in commercial activities (including 11
revenue generating activities) in furtherance of the objects of the 12
Trust or for or in connection with or incidental to the exercise or 13
performance of any power, authority, duty or function of the 14
Trust. 15
(1B) The powers, authorities, duties and functions of the Trust may be 16
exercised and performed within or outside the State. 17
Explanatory note 18
The proposed amendments to the Australian Museum Trust Act 1975 make it clear that 19
the Australian Museum Trust has the power to engage in commercial activities 20
(including revenue generating activities) and that its powers, authorities, duties and 21
functions may be exercised within or outside of the State. 22
1.8 Children and Young Persons (Care and Protection) Act 1998 23
No 157 24
[1] Section 64 Notification of care applications 25
Insert "reports," before "supporting affidavits" in section 64 (4). 26
[2] Section 139 Who is a "designated agency"? 27
Omit section 139 (1) (a). Insert instead: 28
(a) a Division of the Government Service (or branch or other 29
part of a Division), or 30
[3] Section 139 (1) (b) 31
Insert "(or branch or other part of an organisation)" after "an organisation". 32
Page 7
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
[4] Section 139 (1) 1
Omit "department or organisation". 2
Insert instead "Division or organisation (or branch or other part of the Division 3
or organisation)". 4
[5] Section 150 Review of placements effected by order of Children's Court 5
Omit section 150 (5). 6
[6] Section 156 Preliminary 7
Omit "any other organisation" from paragraph (b) of the definition of relevant 8
agency in section 156 (1). 9
Insert instead "any Division of the Government Service or other organisation 10
(or branch or other part of a Division or organisation)". 11
[7] Section 156 (2) (b) 12
Omit "organisations". 13
Insert instead "Divisions of the Government Service or organisations (or 14
branches or other parts of Divisions or organisations)". 15
[8] Section 156A Voluntary arrangements for out-of-home care 16
Omit the note to section 156A (1). Insert instead: 17
(1A) Despite subsection (1), an arrangement is not a voluntary 18
arrangement for the purposes of this section if the out-of-home 19
care concerned is provided outside New South Wales. 20
[9] Section 181 Functions relating to out-of-home care 21
Omit section 181 (2). 22
[10] Section 209 Conditions of licences 23
Omit section 209 (2) and (3). Insert instead: 24
(2) It is a condition of a licence for a family day care children's 25
service or a home based children's service that the licensee must 26
notify the Director-General if any person (other than the relevant 27
children's service provider) who is of or above the age of 18 years 28
is residing at the children's service provider's home on a regular 29
basis and has been doing so for a period of at least 3 months. 30
Note. See section 45 of the Commission for Children and Young People 31
Act 1998 which provides for background checks (under Division 3 of 32
Part 7 of that Act) to be carried out in relation to adult household 33
members of children's service providers. 34
Page 8
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
(3) Without limiting subsection (2), any such requirement to notify 1
the Director-General applies even though the adult person who is 2
residing at the children's service provider's home was at any time 3
residing at that home as a minor. 4
(4) In this section, children's service provider means: 5
(a) in the case of a family day care children's service--the 6
person who is the family day care carer for the service, or 7
(b) in the case of a home based children's service--the person 8
who is the licensee for the service. 9
[11] Section 245 Decisions that are reviewable by Administrative Decisions 10
Tribunal 11
Omit "department or organisation" from section 245 (1) (b). 12
Insert instead "Division of the Government Service or organisation (or branch 13
or other part of a Division or organisation)". 14
Explanatory note 15
Section 64 of the Children and Young Persons (Care and Protection) Act 1998 (the 16
Act) requires, when a care application is made in the Children's Court in relation to a 17
child or young person, that the child or young person's parents must be notified and 18
served with a copy of the care application and all other supporting affidavits and other 19
documentary evidence that accompanied the application. Item [1] of the proposed 20
amendments to the Act provides that the parent must also be served with a copy of any 21
report that accompanied the care application. The amendment makes the provisions of 22
the Act relating to notification of parents consistent with the provisions relating to care 23
applications (which recently were amended to require care applications to be 24
accompanied by specified reports). 25
Items [2], [6], [7] and [11] make amendments consequential on the reorganisation of 26
the Government Service and the amalgamation of a number of Government 27
Departments. The amendments enable a Division of the Government Service or a 28
branch or other part of a Division (such as a branch of a Department), rather than a 29
whole Department, to be accredited as a designated agency or registered as a relevant 30
agency under the Act. 31
Items [3], [4], [7] and [11] also make it clear that a branch or part of an organisation may 32
be accredited as a designated agency or registered as a relevant agency under the Act. 33
Section 150 of the Act provides that where a child or young person has been placed in 34
out-of-home care by an order of the Children's Court, the designated agency having 35
responsibility for the placement of the child or young person must, after a specified 36
time, conduct a review of the placement. Item [5] repeals the requirement that a report 37
of the review must be given to the Children's Guardian. 38
Item [8] makes an amendment to clarify that voluntary arrangements for out-of-home 39
care provided to children or young persons outside New South Wales are not 40
arrangements regulated by the Act. 41
Item [9] repeals a provision made redundant by amendments in the Children 42
Legislation Amendment (Wood Inquiry Recommendations) Act 2009 that removed the 43
Children's Guardian's functions relating to parental responsibility. 44
Section 209 of the Act provides that it is a condition of a licence for a family day care 45
children's service that the licensee must notify the Director-General of the Department 46
of Human Services if any adult (other than the licensee) is residing at the licensee's 47
Page 9
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
home on a regular basis and has been doing so for more than 3 months. However, a 1
family day care children's service is predominantly provided at the home of a family day 2
care carer (who is a contractor), rather than at the licensee's home. Item [10] amends 3
section 209 of the Act so that the notification requirement relates to other adults 4
residing at the home where the children's care is provided. 5
1.9 Commission for Children and Young People Act 1998 No 146 6
[1] Section 53 Review of Act 7
Omit "the period of 5 years from the date of assent to the Commission for 8
Children and Young People Amendment Act 2005" from section 53 (2). 9
Insert instead "8 March 2010". 10
[2] Section 53 (3) 11
Omit "within 12 months after the end of the period of 5 years". 12
Insert instead "by 8 March 2011". 13
Explanatory note 14
Currently, a ministerial review of the Commission for Children and Young People Act 15
1998 (the Act) is required to be undertaken as soon as possible after 16
7 December 2010. As a ministerial review of the Act was commenced earlier this year 17
(as announced by the Minister for Youth and notified on the Commission's website on 18
15 April 2010), item [1] proposes to amend the Act to avoid the need for a further review 19
to be undertaken at that later stage. 20
Item [2] makes a consequential amendment, requiring a report on the outcome of the 21
review of the Act to be tabled in each House of Parliament by 8 March 2011 (rather than 22
7 December 2011, as is currently the case). 23
1.10 Dairy Industry Act 2000 No 54 24
Section 7 Members of Conference 25
Omit "General Manager of the Dairy Division of the Food Authority" 26
wherever occurring in section 7 (1) (d) and (2). 27
Insert instead "Chief Executive Officer of the Food Authority (or delegate)". 28
Explanatory note 29
The proposed amendment to the Dairy Industry Act 2000 (the Act) replaces an 30
obsolete reference to the General Manager of the Dairy Division of the NSW Food 31
Authority with a reference to the Chief Executive Officer of the Authority (or delegate), 32
as being a member of the New South Wales Dairy Industry Conference constituted 33
under the Act. 34
Page 10
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
1.11 Environmental Planning and Assessment Act 1979 No 203 1
[1] Section 89 Determination of Crown development applications 2
Insert after section 89 (2): 3
(2A) A Crown development application for which the consent 4
authority is a council must not be referred to the Minister unless 5
it is first referred to the applicable regional panel. 6
[2] Section 89 (8) 7
Insert after section 89 (7): 8
(8) An application may be referred by a consent authority or 9
applicable regional panel before the end of a relevant period 10
referred to in subsection (2) or (5). 11
[3] Section 89A Directions by Minister 12
Insert ", or an applicant," after "panel" in section 89A (1). 13
[4] Section 109R Building, demolition and incidental work 14
Insert "except that a reference in section 88 (2) to a thing prescribed by the 15
regulations for the purposes of that Division is to be read as a thing prescribed 16
by the regulations for the purposes of this section" after "Division 4 of Part 4" 17
in the definition of Crown in section 109R (1). 18
Explanatory note 19
Currently, an applicant for development consent for Crown development, a consent 20
authority or an applicable regional panel may refer an application for Crown 21
development to the Minister in various circumstances. Item [3] of the proposed 22
amendments to the Environmental Planning and Assessment Act 1979 (the Act) 23
corrects an oversight in this referral process by allowing the Minister to give directions 24
concerning the determination of the application, when a referral is made to the Minister 25
by an applicant (and not only when a referral is made to the Minister by a consent 26
authority or applicable regional panel, as is currently the case). 27
Item [1] makes it clear that an application for development consent for Crown 28
development must be referred to an applicable regional panel for determination before 29
it may be referred to the Minister to make appropriate directions under the Act. 30
Item [2] allows a consent authority or an applicable regional panel to refer an 31
application for Crown development under the Act during the period prescribed by the 32
regulations for determining such an application (rather than only if it fails to determine 33
an application within that period, as is currently the case). 34
A section of the Act dealing with Crown building and demolition work currently defines 35
Crown by cross-reference to an interpretation provision that appears elsewhere in the 36
Act. Item [4] amends the definition to allow regulations that may be made under the 37
interpretation provision for the purposes of the part of the Act in which the provision 38
occurs, to be made for the purposes of the section. 39
Page 11
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
1.12 Fines Act 1996 No 99 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
approved form means a form approved by the State Debt 4
Recovery Office for the purposes of the provision in which the 5
term is used. 6
[2] Section 22 Persons who may issue and deal with penalty notices 7
(appropriate officers) 8
Omit section 22 (2) (b). Insert instead: 9
(b) a person who is: 10
(i) employed in the Office of State Revenue in the 11
Treasury, or whose services are made use of by that 12
Office (whether by way of temporary hire 13
arrangement, secondment or otherwise), and 14
(ii) authorised by, and subject to the control and 15
direction of, the Chief Commissioner of State 16
Revenue for the purposes of this Part, 17
[3] Sections 27 (2) and 60 (2) 18
Omit "If the regulations prescribe the form of" wherever occurring. 19
Insert instead "If there is an approved form for". 20
[4] Sections 79 (8), 80 (2) and 89A (2) 21
Omit "the form prescribed by the regulations" wherever occurring. 22
Insert instead "the approved form". 23
[5] Section 87 Imprisonment following breach of community service order 24
Omit "the prescribed form" from section 87 (2A) (a). 25
Insert instead "the approved form". 26
[6] Section 89 Periodic detention 27
Insert after section 89 (10): 28
(11) A periodic detention order under this section must be in the 29
approved form. 30
Page 12
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
[7] Schedule 1 Statutory provisions under which penalty notices issued 1
Insert in alphabetical order: 2
Firearms Act 1996, section 85A 3
Marine Parks Act 1997, section 38 4
Sydney Water Catchment Management Act 1998, section 65 5
[8] Schedule 1 6
Insert "(including as applied to and for the purposes of Part 2 of the Industrial 7
Relations (Child Employment) Act 2006 by section 16 of that Act)" after 8
"section 396" in the matter relating to the Industrial Relations Act 1996. 9
Explanatory note 10
Item [2] of the proposed amendments to the Fines Act 1996 (the Act) incorporates into 11
the definition of appropriate officer in the Act a class of persons currently prescribed 12
as appropriate officers in the Fines Regulation 2005 (the Regulation). (Appropriate 13
officers may issue and deal with penalty notices (on-the-spot fines) under the Act.) 14
Items [3]-[5] provide for certain matters currently allowed or required under the Act to 15
be in the form prescribed by the regulations to be in the form approved by the State 16
Debt Recovery Office instead. Item [1] defines the term approved form for the 17
purposes of the Act. 18
Item [6] requires a matter currently required under the Regulation to be in the form 19
prescribed in the Regulation instead to be in the approved form. 20
Items [7] and [8] transfer references to the provisions of certain Acts under which 21
penalty notices may be issued, from the Regulation into the relevant Schedule to the 22
Act. 23
1.13 Fines Regulation 2005 24
Clauses 3 (2), 4A, 4B, 7 and 8-10 and Schedule 1 25
Omit the provisions. 26
Explanatory note 27
The proposed amendment omits redundant provisions as a consequence of proposed 28
amendments to the Fines Act 1996 elsewhere in this Schedule. 29
1.14 Fisheries Management Act 1994 No 38 30
[1] Section 25 Possession of illegal fishing gear 31
Insert "(including any purpose prescribed as lawful by the regulations)" after 32
"lawful purpose" in section 25 (4). 33
Page 13
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
[2] Section 183 Minister may declare quarantine area 1
Insert "(including any boat)" after "premises" in section 183 (4A) (b). 2
Explanatory note 3
Item [1] of the proposed amendments to the Fisheries Management Act 1994 (the Act) 4
allows regulations made under the Act to prescribe a purpose as a lawful purpose for 5
the purposes of an existing defence to the offence of possession of illegal fishing gear. 6
The defence is established if the person charged satisfies the court that the fishing gear 7
was in his or her possession for a lawful purpose. 8
Item [2] makes it clear that "premises" includes boats for the purposes of a provision of 9
the Act that allows the Minister, by an order declaring a quarantine area, to require the 10
owner or occupier of premises within the quarantine area to take such action as is 11
specified in the order or directed by a fisheries officer (including the destruction or 12
treatment of fish or marine vegetation cultivated or located in the area). 13
1.15 Guardianship Act 1987 No 257 14
[1] Section 10 Service of applications 15
Omit section 10 (1A). Insert instead: 16
(1A) Before conducting a hearing into the application, the Tribunal 17
must cause a notice specifying the date on which, and the time 18
and place at which, the Tribunal will conduct the hearing to be 19
served on each party to the proceedings. 20
[2] Sections 10 (2), 27 (2), 31C (2) and 43 (2) 21
Insert ", or a notice," after "an application" wherever occurring. 22
[3] Section 25I Application to Tribunal for a financial management order 23
Omit section 25I (4). Insert instead: 24
(4) Before conducting a hearing into the application, the Tribunal 25
must cause a notice specifying the date on which, and the time 26
and place at which, the Tribunal will conduct the hearing to be 27
served on each party to the proceedings. 28
[4] Section 25I (5) 29
Omit "the application" where firstly occurring. 30
Insert instead "an application, or a notice,". 31
[5] Sections 27 (1), 31C (1) and 43 (1) 32
Omit "(on which is endorsed a notice specifying the time, date and place set 33
down for the hearing of the application)" wherever occurring. 34
Page 14
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
[6] Sections 27 (1A), 31C (1A) and 43 (1A) 1
Insert after sections 27 (1), 31C (1) and 43 (1), respectively: 2
(1A) Before conducting a hearing into the application, the Tribunal 3
must cause a notice specifying the date on which, and the time 4
and place at which, the Tribunal will conduct the hearing to be 5
served on each person on whom a copy of the application is 6
required to be served under subsection (1). 7
[7] Section 98 Service of notices etc 8
Insert after section 98 (2): 9
(2A) Any notice required or authorised by this Act to be served on a 10
person is sufficiently served if the notice is sent to the person by 11
electronic means and received through an information system 12
designated by or on behalf of the person as the system to be used 13
for the purpose of receiving the notice. 14
Explanatory note 15
Currently, details of the time, date and place set down for a hearing of the Guardianship 16
Tribunal into an application for an order of the Tribunal must be endorsed on a copy of 17
the application that the applicant is required to serve on relevant parties. Items [1], [3], 18
[5] and [6] of the proposed amendments to the Guardianship Act 1987 (the Act) 19
replace this requirement (to endorse the notice of hearing on a copy of the application) 20
with a requirement that the Tribunal serve a separate notice of hearing on relevant 21
parties. Items [2] and [4] make consequential amendments. 22
Item [7] allows notices under the Act to be served on relevant parties by electronic 23
means. 24
1.16 Lake Illawarra Authority Act 1987 No 285 25
Schedule 3 Provisions relating to members of the Authority 26
Omit "not exceeding 2 years" from clause 4. 27
Insert instead "not exceeding 3 years". 28
Explanatory note 29
The proposed amendment to the Lake Illawarra Authority Act 1987 allows a member 30
of the Lake Illawarra Authority to hold office for a term of no more than 3 years (rather 31
than no more than 2 years, as is currently the case), as specified in the member's 32
instrument of appointment. (A member is eligible for re-appointment if otherwise 33
qualified.) 34
Page 15
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
1.17 Licensing and Registration (Uniform Procedures) Act 2002 1
No 28 2
Schedule 3A Licences and registration to which Part 4A of Act applies 3
Insert in alphabetical order of Acts: 4
Commercial Agents and Private Inquiry Agents Act 2004 5
section 12 (1) (a), operator licence for process serving 6
section 12 (1) (b), operator licence for debt collection 7
section 12 (1) (c), operator licence for repossession of goods 8
section 12 (1) (d), operator licence for surveillance of persons 9
section 12 (1) (e), operator licence for investigation of persons 10
Explanatory note 11
The proposed amendment to the Licensing and Registration (Uniform Procedures) Act 12
2002 extends the provisions relating to ID photographs in Part 4A of the Act to 13
photographs of applicants for certain operator licences under the Commercial Agents 14
and Private Inquiry Agents Act 2004. Those provisions include a requirement to enter 15
into arrangements for the provision of photographs of applicants for licences and 16
provisions for the security and protection of the photographs. 17
1.18 Local Government Act 1993 No 30 18
Section 344 Objects 19
Omit "marital status and" from section 344 (1) (a). 20
Insert instead "marital or domestic status and". 21
Explanatory note 22
The proposed amendment to the Local Government Act 1993 updates the wording of 23
an object of a Part of the Act dealing with equal employment opportunity in local 24
councils so that it reflects the wording of an object of a Part of the Anti-Discrimination 25
Act 1977 dealing with equal opportunity in public employment, with which it is intended 26
to be parallel. (Recent amendments to the Anti-Discrimination Act 1977 replaced the 27
term marital status with the term marital or domestic status for the purposes of that 28
Act, the latter term extending to the status or condition of being in a de facto 29
relationship.) 30
1.19 Mental Health Act 2007 No 8 31
[1] Section 151 Procedure at meetings of Tribunal to be informal 32
Insert ", or any matter relating to a community treatment order" after "facility" 33
in section 151 (2). 34
Page 16
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
[2] Schedule 3 Statement of rights 1
Omit "as soon as possible". Insert instead "as soon as practicable". 2
Explanatory note 3
Since 2007, applications under the Mental Health Act 2007 (the Act) for community 4
treatment orders (which set out the terms under which a person must accept 5
medication, therapy, rehabilitation and other services while living in the community) 6
may be made about persons who are not in a mental health facility (in addition to 7
persons who are detained in or patients in a mental health facility). Item [1] of the 8
proposed amendments to the Act extends a provision that provides that the Mental 9
Health Review Tribunal is not bound by the rules of evidence in determining matters in 10
relation to such orders about persons who are detained in or patients in a mental health 11
facility, to its determination of matters in relation to such orders about persons who are 12
not in a mental health facility. 13
Item [2] corrects a reference in a statement of legal rights and entitlements, to the time 14
at which a mental health inquiry under the Act must be held, so that it is consistent with 15
the time provided for in the relevant provision of the Act. (The Act requires the 16
statement to be given to certain persons taken to or already in mental health facilities.) 17
1.20 Ombudsman Act 1974 No 68 18
Section 31H Confidentiality 19
Insert "Information Commissioner," after "Prosecutions," wherever occurring 20
in section 31H (1A) and (1C). 21
Explanatory note 22
The parliamentary committee constituted as the Joint Committee under the 23
Ombudsman Act 1974 (the Act) has the power to veto proposed appointments to 24
certain offices, including (due to recent amendments) the office of Information 25
Commissioner. The effect of the proposed amendment is to extend to that office certain 26
related provisions of the Act that require the Joint Committee to take evidence relating 27
to such proposed appointments in private and that protect its deliberations from being 28
improperly disclosed. 29
1.21 Public Finance and Audit Act 1983 No 152 30
[1] Section 39 Application and interpretation 31
Insert at the end of section 39 (1): 32
Note. See also section 24A of the State Owned Corporations Act 1989 33
which provides that statutory SOCs are also statutory bodies for the 34
purposes of this Part. 35
[2] Section 39 (1A) 36
Insert "For the avoidance of doubt, any such controlled entity is a separate 37
statutory body for the purposes of this Division and is subject to the same 38
requirements under this Division as apply to a statutory body referred to in 39
subsection (1)." after "Standards.". 40
Page 17
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
[3] Section 45A Application and interpretation 1
Insert "For the avoidance of doubt, any such controlled entity is a separate 2
Department for the purposes of this Division and is subject to the same 3
requirements under this Division as apply to a Department referred to in 4
subsection (1)." after "Standards." in section 45A (1A). 5
[4] Section 45A (3) 6
Omit the subsection. Insert instead: 7
(3) A reference in this Division to a Department Head: 8
(a) is, in relation to a Department specified in Column 1 of 9
Schedule 3, a reference to the person holding the position 10
specified in Column 2 of that Schedule opposite the name 11
or description of the Department, or 12
(b) is, in relation to an entity referred to in subsection (1A): 13
(i) a reference to the governing body of the entity, or 14
(ii) if the entity does not have a governing body--a 15
reference to the chief executive officer of the entity 16
or the person who exercises the functions of a chief 17
executive officer in relation to the entity, or 18
(iii) in any other case--a reference to a person 19
prescribed by the regulations. 20
Commencement 21
The amendments commence, or are taken to have commenced, on 30 June 2010. 22
Explanatory note 23
Items [2] and [3] of the proposed amendments to the Public Finance and Audit Act 1983 24
(the Act) make it clear that a controlled entity of an agency is required to have separate 25
financial reports that are prepared and audited in accordance with the same 26
requirements that apply to statutory bodies and Departments under Divisions 3 and 4A, 27
respectively, of Part 3 of the Act. The amendments will also ensure that these separate 28
financial reports are included in the relevant agency's annual report tabled in 29
Parliament. 30
Item [4] ensures that an appropriate person or persons can perform the responsibilities 31
of a Department Head that apply in relation to controlled entities under Division 4A of 32
Part 3 of the Act. 33
Item [1] inserts a note to draw attention to the fact that statutory State owned 34
corporations are statutory bodies for the purposes of Part 3 of the Act. 35
Page 18
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
1.22 Public Reserves Management Fund Act 1987 No 179 1
Section 6 Payments out of Public Reserves Management Fund 2
Insert after section 6 (2): 3
(3) The Minister may take a mortgage to secure all or any part of a 4
loan made under subsection (1) (b), from a trustee of a public 5
reserve with the power to grant such a mortgage. 6
Explanatory note 7
The proposed amendment to the Public Reserves Management Fund Act 1987 (the 8
Act) makes it clear that the Minister for Lands may take a mortgage from a trustee of 9
a public reserve who has power to grant the mortgage, to secure a loan made to the 10
trustee under the Act for the cost of maintenance, improvement or development of the 11
reserve. 12
1.23 Real Property Act 1900 No 25 13
Section 32 Folios of the Register 14
Omit "and particulars of the date of birth of any such proprietor the 15
Registrar-General knows to be a minor" from section 32 (1) (b). 16
Insert instead "and the fact that any such proprietor is a minor if the 17
Registrar-General knows that to be the case". 18
Explanatory note 19
Currently, in creating a folio of the Register for land, the Registrar-General must record 20
(among other things) the particulars of the date of birth of any proprietor of the estate 21
or interest concerned whom the Registrar-General knows to be a minor. To reduce the 22
risk of the fraudulent use of this information, the proposed amendment to the Real 23
Property Act 1900 instead requires the Registrar-General to record the fact that such a 24
proprietor is a minor. 25
1.24 Retirement Villages Act 1999 No 81 26
Section 118 Auditing of accounts 27
Insert "under section 114 (1)-(7)" after "in the same way that it is required" in 28
section 118 (2) (c). 29
Explanatory note 30
The Retirement Villages Act 1999 (the Act) currently provides for the process by which 31
a retirement village operator must seek to obtain the consent of village residents to the 32
proposed annual budget for the village, and by cross-reference requires that process 33
to be complied with in relation to an operator's obtaining of residents' consent to the 34
appointment of an auditor to audit the village accounts. 35
The proposed amendment to the Act makes it clear that a recently inserted provision 36
of the Act that deems village residents to have consented to the proposed annual 37
budget in certain circumstances does not form part of the consent process that applies 38
to the obtaining of residents' consent to the appointment of an auditor. 39
Page 19
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
1.25 Strata Schemes Management Act 1996 No 138 1
Schedule 2 Meetings and procedure of owners corporation 2
Omit "in the prescribed manner" from clause 2 (1). 3
Insert instead "in accordance with Divisions 1 and 2 of Part 2". 4
Explanatory note 5
The proposed amendment to the Strata Schemes Management Act 1996 omits a 6
regulation-making power to prescribe the manner in which the first annual general 7
meeting of an owners corporation must be held and, instead, incorporates into the 8
relevant provision of the Act the matter prescribed by the regulations for that purpose. 9
1.26 Strata Schemes Management Regulation 2005 10
Clause 28 Convening of first annual general meeting of owners 11
corporation 12
Omit the clause. 13
Explanatory note 14
The proposed amendment to the Strata Schemes Management Regulation 2005 omits 15
a redundant clause as a consequence of a proposed amendment to the Strata 16
Schemes Management Act 1996 elsewhere in this Schedule. 17
1.27 Subordinate Legislation Act 1989 No 146 18
[1] Section 4 Guidelines 19
Insert at the end of the section: 20
(2) This section does not apply to a statutory rule containing matters 21
of a savings or transitional nature (provided the only other 22
provisions contained in the statutory rule are provisions dealing 23
with its citation and commencement). 24
[2] Section 10 Staged repeal of statutory rules 25
Omit section 10 (4)-(4B). 26
[3] Section 10A 27
Insert after section 10: 28
10A Certain statutory rules to remain in force 29
(1) Despite the other provisions of this Part, the following statutory 30
rules remain in force until 1 September 2011, unless sooner 31
repealed: 32
(a) Motor Vehicle Repairs Regulation 1999, 33
(b) Public Health (Microbial Control) Regulation 2000, 34
Page 20
Statute Law (Miscellaneous Provisions) Bill 2010
Minor amendments Schedule 1
(c) Public Health (Skin Penetration) Regulation 2000, 1
(d) Public Health (Swimming Pools and Spa Pools) 2
Regulation 2000, 3
(e) Road Transport (Safety and Traffic Management) 4
Regulation 1999. 5
(2) Despite the other provisions of this Part, the Occupational Health 6
and Safety Regulation 2001 remains in force until 7
1 September 2012, unless sooner repealed. 8
[4] Section 11 Governor may postpone repeal by order 9
Omit "section 10 (4), (4A) or (4B)" from section 11 (6). 10
Insert instead "section 10A". 11
[5] Schedule 4 Excluded instruments 12
Insert "being an instrument that was in force on 1 July 2010" after 13
"commencement)" in item 18. 14
Explanatory note 15
Items [2]-[4] of the proposed amendments to the Subordinate Legislation Act 1989 (the 16
Act) have the effect of keeping the Motor Vehicle Repairs Regulation 1999, the Public 17
Health (Microbial Control) Regulation 2000, the Public Health (Skin Penetration) 18
Regulation 2000, the Public Health (Swimming Pools and Spa Pools) Regulation 2000 19
and the Road Transport (Safety and Traffic Management) Regulation 1999 in force for 20
a further period of one year after the date on which they would otherwise be repealed 21
by the Act. However, any of the Regulations may be sooner repealed by other 22
legislation. 23
This is necessary as the Regulations have each been postponed on 5 occasions, and 24
are now due to be repealed by the Act on 1 September 2010. However, amendments 25
to the Motor Vehicle Repairs Act 1980 that may impact on the Motor Vehicle Repairs 26
Regulation 1999 are proposed for later this year. The Public Health (Microbial Control) 27
Regulation 2000, the Public Health (Skin Penetration) Regulation 2000 and the Public 28
Health (Swimming Pools and Spa Pools) Regulation 2000 are all made under the 29
Public Health Act 1991, the repeal of which is proposed by the Public Health Bill 2010 30
(released for public comment in February 2010). It is also proposed that the Road 31
Transport (Safety and Traffic Management) Regulation 1999 be consolidated with 32
other legislation in 2011 as part of a larger consolidation of road transport legislation. 33
Item [5] ensures that statutory rules (other than those in force on 1 July 2010) that 34
contain only matters of a savings or transitional nature will no longer be excluded 35
instruments under the Act and will instead be automatically repealed after 5 years in 36
the same way as other statutory rules. Item [1] makes a consequential amendment to 37
preserve the status of such statutory rules, as those to which certain guidelines in the 38
Act concerning the preparation of statutory rules do not apply. 39
1.28 Sydney Opera House Trust Act 1961 No 9 40
[1] Section 11A Transaction of business outside meetings or by telephone 41
Omit "regulations" from section 11A (4). Insert instead "by-laws". 42
Page 21
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 1 Minor amendments
[2] Section 28 By-laws 1
Omit section 28 (3). Insert instead: 2
(3) A by-law has no effect unless approved by the Governor. 3
Note. Any by-law made by a person or body that requires the approval 4
of the Governor is a statutory rule for the purposes of the Interpretation 5
Act 1987. Accordingly, it must be published on the NSW legislation 6
website to come into force. 7
Explanatory note 8
Item [1] of the proposed amendments to the Sydney Opera House Trust Act 1961 (the 9
Act) corrects a reference to an instrument that may be made under the Act. 10
Item [2] replaces a provision concerning the making of by-laws under the Act with its 11
modern (and more succinct) equivalent. The new provision removes the need for the 12
Sydney Opera House Trust to seal every by-law it makes, with its common seal. 13
1.29 Workers Compensation Act 1987 No 70 14
Schedule 6 Savings, transitional and other provisions 15
Insert after clause 3 (2) in Part 18: 16
(2A) To the extent that subclause (1) operates to apply 17
section 151A (3) and (3A) as in force before the 2001 18
amendments, a reference to the Compensation Court in those 19
subsections is to be read as a reference to the District Court. 20
(2B) Subclause (2A) is taken to have commenced on 1 January 2004 21
but does not affect any judgment or other order of a court given 22
or made before 9 July 2010. 23
Explanatory note 24
The proposed amendment updates references to the Compensation Court (as being 25
the relevant court in which to commence proceedings to recover permanent loss 26
compensation) in a superseded provision of the Workers Compensation Act 1987 that 27
continues to apply in respect of coal miners. The jurisdiction of the Compensation Court 28
to hear such matters was conferred on the District Court on the abolition of the 29
Compensation Court on 1 January 2004. The references are taken to have been 30
updated from that date but do not affect any court judgment or order made before the 31
commencement of the subschedule to this Act that inserts the amendment. 32
Page 22
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Adoption Act 2000 No 75 3
Section 54, note 4
Insert "in" after "defined". 5
Explanatory note 6
The proposed amendment inserts a missing word. 7
2.2 Agricultural Industry Services Act 1998 No 45 8
Section 3, definition of "Department" 9
Omit "Primary Industries". Insert instead "Industry and Investment". 10
Explanatory note 11
The proposed amendment updates a reference to a Department. 12
2.3 Agricultural Livestock (Disease Control Funding) Act 1998 13
No 139 14
Section 3, definition of "Department" 15
Omit "Primary Industries". Insert instead "Industry and Investment". 16
Explanatory note 17
The proposed amendment updates a reference to a Department. 18
2.4 Agricultural Scientific Collections Trust Act 1983 No 148 19
[1] Section 4 (1) 20
Insert in alphabetical order: 21
Department means the Department of Industry and Investment. 22
[2] Section 12 (1) and Schedule 1, clause 5 (a) 23
Omit "of Agriculture" wherever occurring. 24
Explanatory note 25
The proposed amendments update references to a Department. 26
Page 23
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.5 Albury Local Environmental Plan 2000 1
Clause 62 (1) 2
Omit "apples". Insert instead "applies". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.6 Animal Diseases (Emergency Outbreaks) Act 1991 No 73 6
Dictionary, definition of "Department" 7
Omit "Primary Industries". Insert instead "Industry and Investment". 8
Explanatory note 9
The proposed amendment updates a reference to a Department. 10
2.7 Animal Diseases (Emergency Outbreaks) Regulation 2008 11
Clauses 5 (3) and 6 12
Omit "of Primary Industries" wherever occurring. 13
Explanatory note 14
The proposed amendment updates references to a Department. 15
2.8 Apiaries Act 1985 No 16 16
Section 3 (1), definition of "Department" 17
Omit "Primary Industries". Insert instead "Industry and Investment". 18
Explanatory note 19
The proposed amendment updates a reference to a Department. 20
2.9 Biofuels Act 2007 No 23 21
[1] Section 3 (1), definition of "Director-General" 22
Omit the definition. Insert in alphabetical order: 23
Department means the Land and Property Management 24
Authority. 25
Director-General means the Chief Executive of the Department. 26
[2] Sections 18 (1), 25 (1) (b) and 29 (9) 27
Omit "of Lands" wherever occurring. 28
Page 24
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
[3] Section 24 (1) (a) 1
Omit "of Lands, the Department of State and Regional Development, the 2
Department of Primary Industries, the Department of Environment and 3
Climate Change and the Department of Commerce". 4
Insert instead ", the Department of Industry and Investment, the Department 5
of Environment, Climate Change and Water and the Department of Services, 6
Technology and Administration". 7
[4] Section 24 (2) 8
Omit "of the Department of Lands or that". Insert instead "or the". 9
Explanatory note 10
The proposed amendments update references to Departments. 11
2.10 Biological Control Act 1985 No 199 12
[1] Section 3 (1) 13
Insert in alphabetical order: 14
Department means the Department of Industry and Investment. 15
[2] Sections 9 (1) and 53 16
Omit "of Agriculture" wherever occurring. 17
Explanatory note 18
The proposed amendments update references to a Department. 19
2.11 Camden Local Environmental Plan No 48 20
Clause 5 (1) 21
Omit the definition of motor vehicle depot where secondly occurring. 22
Explanatory note 23
The proposed amendment removes a duplicate definition. 24
2.12 Child Protection (Offenders Prohibition Orders) Act 2004 25
No 46 26
Section 16G (2) (c) 27
Omit "Registration Act) 2000". Insert instead "Registration) Act 2000". 28
Explanatory note 29
The proposed amendment corrects a reference to an Act. 30
Page 25
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.13 Coal Mine Health and Safety Regulation 2006 1
Clause 212 2
Omit "of Primary Industries". 3
Explanatory note 4
The proposed amendment updates a reference to a Department. 5
2.14 Coastal Protection Act 1979 No 13 6
Section 4 (3) 7
Insert after section 4 (2): 8
(3) Notes included in this Act do not form part of this Act. 9
Explanatory note 10
The proposed amendment clarifies the status of notes. 11
2.15 Commercial Vessels (Equipment) Regulation 1986 12
Clause 4 (1), definition of "Code" 13
Renumber paragraph (a) where secondly occurring as paragraph (b). 14
Explanatory note 15
The proposed amendment corrects numbering. 16
2.16 Contaminated Land Management Act 1997 No 140 17
Sections 11 (4) (e) and 13 (5) (a) 18
Omit "Primary Industries" wherever occurring. 19
Insert instead "Industry and Investment". 20
Explanatory note 21
The proposed amendment updates references to a Department. 22
2.17 Conveyancers Licensing Regulation 2006 23
[1] Clauses 12 (a) and 15 24
Omit "Part 3 of the Consumer, Trader and Tenancy Tribunal Regulation 25
2002" wherever occurring. 26
Insert instead "section 24 (2) of the Consumer, Trader and Tenancy Tribunal 27
Act 2001". 28
Page 26
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
[2] Clauses 13 (1) and 16 (1) 1
Omit "under clause 10 (1) (c) (i), (ii) or (iii) of the Consumer, Trader and 2
Tenancy Tribunal Regulation 2002 (whichever is applicable)" wherever 3
occurring. 4
Insert instead "in respect of an application to have a matter (with an equivalent 5
amount in dispute) dealt with by the Tribunal in the General Division". 6
Explanatory note 7
The proposed amendments omit references to a repealed instrument. 8
2.18 Conveyancing (Sale of Land) Regulation 2005 9
Schedule 1, item 3 (b) 10
Omit "Department of Lands". 11
Insert instead "Land and Property Management Authority". 12
Explanatory note 13
The proposed amendment updates a reference to a Department. 14
2.19 Coroners Act 2009 No 41 15
Section 55 (2) 16
Omit "which inquest". Insert instead "which the inquest". 17
Explanatory note 18
The proposed amendment inserts a missing word. 19
2.20 Crown Lands Act 1989 No 6 20
Section 3 (1), definitions of "Department" and "Director-General" 21
Omit the definitions. Insert instead: 22
Department means the Land and Property Management 23
Authority. 24
Director-General means the Chief Executive of the Department. 25
Explanatory note 26
The proposed amendment updates references to a Department and the head of that 27
Department. 28
2.21 Crown Lands (Continued Tenures) Act 1989 No 7 29
Section 3 (1), definition of "Department" 30
Omit the definition. Insert instead: 31
Department means the Land and Property Management 32
Authority. 33
Page 27
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment updates a reference to a Department. 2
2.22 Crown Lands (General Reserves) By-law 2006 3
Schedule 1, Part 1 4
Omit "of Lands" wherever occurring. 5
Explanatory note 6
The proposed amendment updates references to a Department. 7
2.23 Crown Lands Regulation 2006 8
[1] Clause 3 (1), definition of "Department" 9
Omit the definition. 10
[2] Clause 44 (1) 11
Omit "of Lands". 12
Explanatory note 13
Item [1] of the proposed amendments omits a redundant definition. 14
Item [2] updates a reference to a Department. 15
2.24 Deer Act 2006 No 113 16
Section 3 (1), definition of "Department" 17
Omit "Primary Industries". Insert instead "Industry and Investment". 18
Explanatory note 19
The proposed amendment updates a reference to a Department. 20
2.25 Drug Misuse and Trafficking Act 1985 No 226 21
Sections 38 (1) and 43 (5) 22
Omit "Agriculture and Fisheries" wherever occurring. 23
Insert instead "Industry and Investment". 24
Explanatory note 25
The proposed amendment updates a reference to a Department. 26
Page 28
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.26 Education Act 1990 No 8 1
Section 23 (3) (a1) 2
Insert before section 23 (3) (a): 3
(a1) the child has written permission from the principal of a 4
government school or registered non-government school, 5
and from the director of a TAFE establishment, to enrol in 6
a course referred to in section 21B (5) (b) and is so 7
enrolled, or 8
Explanatory note 9
The proposed amendment restores an amendment to section 23 made by the 10
Education Amendment Act 2009 that was inadvertently omitted by the replacement of 11
that section by the Education Amendment (School Attendance) Act 2009 that 12
commenced on the same day. 13
2.27 Environmental Planning and Assessment Regulation 2000 14
[1] Clause 226 (2) and (3) 15
Omit "for the purposes of section 116G of the Act (as referred to in section 16
116B (a) of the Act)" wherever occurring. 17
Insert instead "under section 88 (2) (a) of the Act (as modified by 18
section 109R (1) of the Act) for the purposes of section 109R". 19
[2] Schedule 3A 20
Omit "(Clauses 46A, 98C and 136E)". Insert instead "(Clause 98C)". 21
Explanatory note 22
The proposed amendments update cross-references (item [1], as a consequence of an 23
amendment made to the Environmental Planning and Assessment Act 1979 in 24
Schedule 1). 25
2.28 Exhibited Animals Protection Act 1986 No 123 26
Section 5 (1), definition of "Department" 27
Omit "Primary Industries". Insert instead "Industry and Investment". 28
Explanatory note 29
The proposed amendment updates a reference to a Department. 30
2.29 Explosives Regulation 2005 31
[1] Clause 3 (1), definition of "ADG Code" 32
Omit "goods". Insert instead "Goods". 33
Page 29
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
[2] Clauses 6 (1), 15 (2), note 2, 39 (2) and 75 (2), note 1
Omit "Primary Industries" wherever occurring. 2
Insert instead "Industry and Investment". 3
Explanatory note 4
Item [1] of the proposed amendments corrects the name of a document. 5
Item [2] updates references to a Department. 6
2.30 Farm Water Supplies Act 1946 No 22 7
Section 2A (a) 8
Omit "Agriculture". Insert instead "Industry and Investment". 9
Explanatory note 10
The proposed amendment updates a reference to a Department. 11
2.31 Farrer Memorial Research Scholarship Fund Act 1930 No 38 12
Section 2, definition of "Department" 13
Omit "Primary Industries". Insert instead "Industry and Investment". 14
Explanatory note 15
The proposed amendment updates a reference to a Department. 16
2.32 Fertilisers Act 1985 No 5 17
Section 3 (1), definition of "Department" 18
Omit "Primary Industries". Insert instead "Industry and Investment". 19
Explanatory note 20
The proposed amendment updates a reference to a Department. 21
2.33 Fisheries Management Act 1994 No 38 22
[1] Section 4 (1), definition of "Department" 23
Omit "Primary Industries". Insert instead "Industry and Investment". 24
[2] Section 20 (7) 25
Omit "subsection (1) (c)". Insert instead "subsection (3) (c)". 26
[3] Sections 220B (1), definition of "Department" and 220ZF (3) 27
Omit the definition and subsection, respectively. 28
[4] Sections 221ZJ (1) (b) and 221ZQ (1) (b) 29
Omit "of Primary Industries" wherever occurring. 30
Page 30
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
[5] Sections 269 (2) and 282I (6) 1
Omit "A Local Court" wherever occurring. 2
Insert instead "The Local Court". 3
[6] Section 269 (2) 4
Omit "Local Courts Act 1982". Insert instead "Local Court Act 2007". 5
[7] Sections 269 (3) and 282I (5) 6
Omit "a Local Court" wherever occurring. 7
Insert instead "the Local Court". 8
[8] Schedule 7, clause 26 9
Omit the clause. 10
Explanatory note 11
Items [1], [3] and [4] of the proposed amendments update references to a Department. 12
Item [3] also omits a redundant provision. 13
Item [2] corrects a cross-reference. 14
Items [5]-[7] update references to a Court. 15
Item [8] omits a redundant provision. 16
2.34 Fisheries Management (Estuary General Share Management 17
Plan) Regulation 2006 18
Appendix, Schedule 1, matter relating to Clarence River (Lower 19
Reaches)--Set Meshing Net 20
Omit "acrosss". Insert instead "across". 21
Explanatory note 22
The proposed amendment corrects a typographical error. 23
2.35 Fisheries Management (General) Regulation 2002 24
Schedule 2 25
Omit "Lady Denam". Insert instead "Lady Denman". 26
Explanatory note 27
The proposed amendment corrects a typographical error. 28
2.36 Gene Technology (GM Crop Moratorium) Act 2003 No 12 29
Section 4 (1), definition of "Department" 30
Omit "Agriculture". Insert instead "Industry and Investment". 31
Page 31
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment updates a reference to a Department. 2
2.37 Geographical Names Act 1966 No 13 3
[1] Section 2 4
Insert in alphabetical order: 5
Department means the Land and Property Management 6
Authority. 7
Director-General means the Chief Executive of the Department. 8
[2] Section 18 (2) (a) 9
Omit ", Department of Lands". 10
[3] Section 18 (2) (a) 11
Omit "that Department". Insert instead "the Department". 12
Explanatory note 13
The proposed amendments update references to a Department. 14
2.38 Gloucester Local Environmental Plan 2000 15
Clause 49 (2) 16
Omit "facia" wherever occurring. Insert instead "fascia". 17
Explanatory note 18
The proposed amendment standardises the spelling of a word. 19
2.39 Growth Centres (Development Corporations) Act 1974 No 49 20
Section 9 (2) (a) 21
Omit "or any". Insert instead "for any". 22
Explanatory note 23
The proposed amendment corrects a typographical error. 24
2.40 Hay Irrigation Regulation 2007 25
Clause 3 (1), definition of "Hay District Office" 26
Omit the definition. Insert instead: 27
Hay District Office means the district office at Hay of the Land 28
and Property Management Authority. 29
Explanatory note 30
The proposed amendment updates a reference to a Department. 31
Page 32
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.41 Health Care Complaints Act 1993 No 105 1
Section 30 (3) and Schedule 1 2
Omit "Dated this day of 19 ." wherever occurring. 3
Insert instead "Dated:". 4
Explanatory note 5
The proposed amendment removes date-specific references. 6
2.42 Health Practitioner Regulation Act 2009 No 86 (as amended 7
by the Health Practitioner Regulation Amendment Act 2010) 8
Section 7 (2) (e1) 9
Insert after section 7 (2) (e): 10
(e1) the Interpretation Act 1987, 11
Commencement 12
The amendment commences, or is taken to have commenced, on the date of assent 13
to the Health Practitioner Regulation Amendment Act 2010. 14
Explanatory note 15
The proposed amendment applies the standard requirements for the making, 16
disallowance and publication of regulations to the NSW regulations made under the 17
Health Practitioner Regulation National Law (NSW). 18
2.43 Hemp Industry Act 2008 No 58 19
Section 3 (1), definition of "Department" 20
Omit "Primary Industries". Insert instead "Industry and Investment". 21
Explanatory note 22
The proposed amendment updates a reference to a Department. 23
2.44 Independent Pricing and Regulatory Tribunal Act 1992 No 39 24
Section 4 (4) 25
Omit "in the Gazette". Insert instead "on the NSW legislation website". 26
Explanatory note 27
The proposed amendment provides for an instrument to be published on the NSW 28
legislation website. 29
2.45 Judicial Officers Act 1986 No 100 30
Section 44C 31
Omit "an assessor". Insert instead "a Commissioner". 32
Page 33
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment updates a reference to an officer of a court. 2
2.46 Lake Illawarra Authority Act 1987 No 285 3
[1] Section 5 (1) 4
Insert in alphabetical order: 5
Department means the Land and Property Management 6
Authority. 7
Director-General means the Chief Executive of the Department. 8
[2] Section 6 (4) (b2) 9
Omit "of Land and Water Conservation". 10
[3] Section 7 (2) 11
Omit "of Land and Water Conservation nominated by the Director of that 12
Department shall be". 13
Insert instead "nominated by the Director-General is to be". 14
Explanatory note 15
The proposed amendments update references to a Department and the head of that 16
Department. 17
2.47 Land and Environment Court Act 1979 No 204 18
[1] Sections 17-19, 20 (1) and (2) and 21 19
Insert "the following" after "dispose of" wherever occurring. 20
[2] Sections 17 (ea), (eb) and (g)-(i), 18 (f), 19 (g3), 20 (2) (c) and 21 (h), (ha), 21
(hb) and (hc) 22
Omit ", and". Insert instead ",". 23
[3] Section 20 (3) (a) 24
Insert "or" after "Waste Recycling and Processing Corporation Act 2001,". 25
[4] Section 20 (3) (b) 26
Omit ", or". Insert instead ",". 27
Explanatory note 28
The proposed amendments clarify the operation of lists. 29
Page 34
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.48 Lane Cove Local Environmental Plan 2009 1
Land Use Table, Zone B2 Local Centre 2
Omit "hierachy" from item 1. Insert instead "hierarchy". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.49 Law Enforcement (Powers and Responsibilities) Regulation 6
2005 7
Schedule 1, Form 20A, item 8 8
Omit "Act 2002". Insert instead "Act 2002)". 9
Explanatory note 10
The proposed amendment inserts missing punctuation. 11
2.50 Liverpool Local Environmental Plan 2008 12
Schedule 2, Advertisements--business identification signs for 13
businesses other than brothels in business zones 14
Omit "facia" from subclause (1). Insert instead "fascia". 15
Explanatory note 16
The proposed amendment standardises the spelling of a word. 17
2.51 Local Government (Manufactured Home Estates, Caravan 18
Parks, Camping Grounds and Moveable Dwellings) 19
Regulation 2005 20
Clause 91 (3) 21
Omit the subclause. 22
Explanatory note 23
The proposed amendment omits a duplicate provision. 24
2.52 Marine Parks Act 1997 No 64 25
Sections 29 (2) (b), 31, 32 (2), 37 (2) (a), 42 (2) (a) and 44 (3) and (6) and 26
Schedule 2, clause 6 27
Omit "Primary Industries" wherever occurring. 28
Insert instead "Industry and Investment". 29
Explanatory note 30
The proposed amendment updates references to a Department. 31
Page 35
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.53 Maritime Services Act 1935 No 47 1
Section 13Z (1) 2
Omit "Mineral Resources shall". 3
Insert instead "Industry and Investment must". 4
Explanatory note 5
The proposed amendment updates a reference to a Department. 6
2.54 McGarvie Smith Institute Incorporation Act 1928 No 28 7
Section 5 (b) 8
Omit "Agriculture". Insert instead "Industry and Investment". 9
Explanatory note 10
The proposed amendment updates a reference to a Department. 11
2.55 Meat Industry (Meat Industry Levy) Regulation 2006 12
Schedule 1, Forms 2 and 3 13
Omit "Director-General" wherever occurring. 14
Insert instead "Chief Executive Officer". 15
Explanatory note 16
The proposed amendment updates references to the head of an authority. 17
2.56 Mine Health and Safety Act 2004 No 74 18
Section 3 (1), definition of "Department" 19
Omit "Mineral Resources". Insert instead "Industry and Investment". 20
Explanatory note 21
The proposed amendment updates a reference to a Department. 22
2.57 Mine Health and Safety Regulation 2007 23
Clauses 109 (2) and 170 24
Omit "of Primary Industries" wherever occurring. 25
Explanatory note 26
The proposed amendment updates references to a Department. 27
2.58 Mine Safety (Cost Recovery) Act 2005 No 116 28
Section 3 (1), definition of "Department" 29
Omit "Primary Industries". Insert instead "Industry and Investment". 30
Page 36
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment updates a reference to a Department. 2
2.59 Mine Safety (Cost Recovery) Regulation 2005 3
Clause 4A, note 4
Omit "Primary Industries". Insert instead "Industry and Investment". 5
Explanatory note 6
The proposed amendment updates a reference to a Department. 7
2.60 Mine Subsidence Compensation Act 1961 No 22 8
[1] Section 4 9
Insert in alphabetical order: 10
Department means the Department of Industry and Investment. 11
Director-General means the Director-General of the 12
Department. 13
[2] Section 5 (2) (a) 14
Omit "of the Department of Primary Industries or a member of staff of that 15
Department". 16
Insert instead "or a member of staff of the Department". 17
[3] Section 6 (5) 18
Omit "of Mineral Resources". 19
Explanatory note 20
The proposed amendments update references to a Department. 21
2.61 Mining Act 1992 No 29 22
[1] Section 179 (3) 23
Omit "of the Department of Agriculture". 24
[2] Schedule 2, clause 1 (1), definition of "the relevant authority" 25
Omit "of the Department of Agriculture or any officer of that Department 26
authorised by the Director-General of that Department". 27
Insert instead "or any officer of the Department authorised by the 28
Director-General". 29
[3] Dictionary, definition of "Department" 30
Omit "Primary Industries". Insert instead "Industry and Investment". 31
Page 37
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendments update references to a Department. 2
2.62 Mining Amendment Act 2008 No 19 3
[1] Schedule 1 [2], proposed section 6 (3) (c) 4
Omit "benefication". Insert instead "beneficiation". 5
[2] Schedule 1 [131] 6
Omit "of the Department of Agriculture". 7
Explanatory note 8
Item [1] of the proposed amendments corrects a typographical error. 9
Item [2] updates a reference to a Department. 10
2.63 Mining Regulation 2003 11
[1] Clause 3 (1), definition of "land identification map" 12
Omit "Department of Lands". 13
Insert instead "Land and Property Management Authority". 14
[2] Clause 9 (a) 15
Omit "Department of Lands, the Department of Mineral Resources". 16
Insert instead "Land and Property Management Authority, the Department of 17
Industry and Investment". 18
Explanatory note 19
The proposed amendments update references to Departments. 20
2.64 Motor Vehicles Taxation Act 1988 No 111 21
Section 3 (5) 22
Insert at the end of section 3: 23
(5) Notes included in this Act do not form part of this Act. 24
Explanatory note 25
The proposed amendment clarifies the status of notes. 26
2.65 National Parks and Wildlife Regulation 2009 27
Schedule 2 28
Omit the matter relating to clause 24 (3) of the National Parks and Wildlife 29
Regulation 2009. 30
Page 38
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment omits a redundant reference. 2
2.66 Non-Indigenous Animals Act 1987 No 166 3
[1] Section 3 (1) 4
Insert in alphabetical order: 5
Department means the Department of Industry and Investment. 6
[2] Sections 3 (1), definition of "Director-General", 7 (4) (a), 28 (2) (b) and 7
29A 8
Omit "of Agriculture" wherever occurring. 9
Explanatory note 10
The proposed amendments update references to a Department. 11
2.67 Noxious Weeds Act 1993 No 11 12
[1] Section 27 (1) and Dictionary, definition of "Director-General" 13
Omit "of Primary Industries" wherever occurring. 14
[2] Dictionary 15
Insert in alphabetical order: 16
Department means the Department of Industry and Investment. 17
Explanatory note 18
The proposed amendments update references to a Department. 19
2.68 Occupational Health and Safety Regulation 2001 20
[1] Clauses 3 (1), definition of "Department Head (Mining)", 4, note, 358 (1) 21
and 358A 22
Omit "Primary Industries" wherever occurring. 23
Insert instead "Industry and Investment". 24
[2] Clause 261 (1) 25
Omit "NOHSC Commission". Insert instead "NOHS Commission". 26
Explanatory note 27
Item [1] of the proposed amendments update references to a Department. 28
Item [2] corrects a typographical error. 29
Page 39
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.69 Parliamentary Electorates and Elections Amendment Act 1
2006 No 68 2
[1] Schedule 19.2, heading 3
Omit "(Polls and Elections) Regulation 2005". 4
Insert instead "Regulation 2009". 5
[2] Schedule 19.2 [1], heading 6
Omit "Clause 3". Insert instead "Clause 17". 7
[3] Schedule 19.2 [1] 8
Omit "clause 3". Insert instead "clause 17". 9
[4] Schedule 19.2 [2] and [3] 10
Omit the items. Insert instead: 11
[2] Clause 17 (1), definition of "official mark" 12
Omit the definition. Insert instead: 13
official mark means a mark authorised by the Electoral 14
Commissioner. 15
[3] Clauses 37 (4) (a) and 64 (4) (a) 16
Omit "neither" wherever occurring. Insert instead "not". 17
[4] Clauses 37 (4) (a) and 64 (4) (a) 18
Omit "nor bears an official mark" wherever occurring. 19
[5] Schedule 19.26 20
Omit the subschedule. 21
Explanatory note 22
Items [1]-[4] of the proposed amendments update amendments to an instrument that 23
has been repealed and replaced. 24
Item [5] omits a redundant subschedule. 25
2.70 Pesticides Act 1999 No 80 26
Section 67 (3) (b) 27
Omit "Agriculture". Insert instead "Industry and Investment". 28
Explanatory note 29
The proposed amendment updates a reference to a Department. 30
Page 40
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.71 Petroleum (Onshore) Act 1991 No 84 1
Section 3 (1), definition of "Department" 2
Omit "Mineral Resources". Insert instead "Industry and Investment". 3
Explanatory note 4
The proposed amendment updates a reference to a Department. 5
2.72 Petroleum (Onshore) Regulation 2007 6
Clause 27 (3) 7
Omit "of Primary Industries". 8
Explanatory note 9
The proposed amendment updates a reference to a Department. 10
2.73 Plant Diseases Act 1924 No 38 11
Section 3 (1), definition of "Department" 12
Omit "Primary Industries". Insert instead "Industry and Investment". 13
Explanatory note 14
The proposed amendment updates a reference to a Department. 15
2.74 Port Stephens Local Environmental Plan 2000 16
Clause 6 (3) 17
Insert after clause 6 (2): 18
(3) Notes included in this plan do not form part of this plan. 19
Explanatory note 20
The proposed amendment clarifies the status of notes. 21
2.75 Poultry Meat Industry Act 1986 No 101 22
Section 3 (1), definition of "Department" 23
Omit "Primary Industries". Insert instead "Industry and Investment". 24
Explanatory note 25
The proposed amendment updates a reference to a Department. 26
Page 41
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.76 Prevention of Cruelty to Animals Act 1979 No 200 1
[1] Section 4 (1) 2
Insert in alphabetical order: 3
Department means the Department of Industry and Investment. 4
Director-General means the Director-General of the 5
Department. 6
[2] Sections 4 (1), definition of "officer" and 24D (2) 7
Omit "of Primary Industries" wherever occurring. 8
[3] Sections 8 (4) and 29C (3) (a) 9
Omit "of Agriculture" wherever occurring. 10
[4] Section 34AA (1) (d) and (2) 11
Omit "of the Department of Primary Industries" wherever occurring. 12
Explanatory note 13
The proposed amendments update references to a Department. 14
2.77 Prevention of Cruelty to Animals (General) Regulation 2006 15
Clause 3 (1), definition of "the Department" 16
Omit the definition. 17
Explanatory note 18
The proposed amendment omits a redundant definition. 19
2.78 Private Health Facilities Regulation 2010 20
Clause 24 (1), definition of "former Act" 21
Omit "Day Care Procedure". Insert instead "Day Procedure". 22
Explanatory note 23
The proposed amendment corrects a reference to an Act. 24
2.79 Property, Stock and Business Agents Regulation 2003 25
[1] Clause 11 (1) (e) 26
Omit "buyers' agents". Insert instead "buyers agents". 27
[2] Clause 15 (2) and (5) and Schedule 5, clause 1 28
Omit "buyer's agent" wherever occurring. Insert instead "buyers agent". 29
Page 42
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendments correct typographical errors. 2
2.80 Protection of the Environment Operations (General) 3
Regulation 2009 4
Clause 81 (6) (g) 5
Omit "Primary Industries". Insert instead "Industry and Investment". 6
Explanatory note 7
The proposed amendment updates a reference to a Department. 8
2.81 Real Property Act 1900 No 25 9
[1] Section 3 (1) (a) 10
Insert in alphabetical order: 11
Department--The Land and Property Management Authority. 12
[2] Sections 13F (1) (c), 13KA (1) (c), 13M (2) and 135 (6) 13
Omit "Department of Lands" wherever occurring. 14
Insert instead "Department". 15
[3] Sections 13F (1) (c) and 13KA (1) (c) 16
Omit "Agriculture and Fisheries" wherever occurring. 17
Insert instead "Industry and Investment". 18
Explanatory note 19
The proposed amendments update references to Departments. 20
2.82 Retirement Villages Act 1999 No 81 21
Section 119 (2) (a) (iii) 22
Omit "section 97 (3) (a) (i) or (ii)". 23
Insert instead "section 100 (2) (a) (i) or (ii)". 24
Explanatory note 25
The proposed amendment corrects a cross-reference. 26
2.83 Retirement Villages Regulation 2009 27
[1] Clause 3 (2) 28
Insert "(other than in Schedule 1)" before "do not form". 29
Page 43
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
[2] Clause 29 1
Omit "clause 4 (1) (b)". Insert instead "clause 5 (1) (b)". 2
Explanatory note 3
Item [1] of the proposed amendments clarifies the status of notes. 4
Item [2] corrects a cross-reference. 5
2.84 Rice Marketing Act 1983 No 176 6
[1] Section 4 (1), definition of "Department" 7
Omit "Agriculture". Insert instead "Industry and Investment". 8
[2] Sections 15 (2), 70 (2), 107 (2), 132 (1) and 133 9
Omit "of Agriculture" wherever occurring. 10
Explanatory note 11
The proposed amendments update references to a Department. 12
2.85 Roads Regulation 2008 13
[1] Clauses 77 (1) (g) and (2) and 79 (1) (g) and (2) 14
Omit "Department of Lands" wherever occurring. 15
Insert instead "Land and Property Management Authority". 16
[2] Clauses 78 (1) and 81 (1) 17
Omit "Director-General of the Department of Lands and the senior executive 18
officers of that Department" wherever occurring. 19
Insert instead "Chief Executive, and the senior executive officers, of the Land 20
and Property Management Authority". 21
Explanatory note 22
The proposed amendments update references to a Department and the head of that 23
Department. 24
2.86 Rural Lands Protection Act 1998 No 143 25
Dictionary, definition of "Department" 26
Omit "Primary Industries". Insert instead "Industry and Investment". 27
Explanatory note 28
The proposed amendment updates a reference to a Department. 29
Page 44
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.87 State Environmental Planning Policy (Exempt and 1
Complying Development Codes) 2008 2
[1] Clauses 2.10 (c), 2.12 (k), 2.20 (1) (j), 2.70 (i) and 2.72 (h) 3
Omit "facia" wherever occurring. Insert instead "fascia". 4
[2] Clauses 2.26, 3.33 (2), 4.1C, 5.2 (h), 5.8 (e), 5.10 (e) and 5.12 (b) 5
Omit "AS 2601--2001, Demolition of structures" wherever occurring. 6
Insert instead "AS 2601--2001, The demolition of structures". 7
Explanatory note 8
Item [1] of the proposed amendments standardises the spelling of a word. 9
Item [2] corrects a reference. 10
2.88 State Environmental Planning Policy (Major Development) 11
2005 12
[1] Schedule 3, Part 15, clause 8 (2) 13
Omit "Zoning Map". Insert instead "Land Zoning Map". 14
[2] Schedule 3, Part 22 15
Renumber clause 19 where firstly occurring as clause 12. 16
Explanatory note 17
Item [1] of the proposed amendments inserts a missing word. 18
Item [2] corrects numbering. 19
2.89 State Environmental Planning Policy (Sydney Region 20
Growth Centres) 2006 21
[1] Appendix 1, clause 1.9 (1) and Appendix 2, clause 1.9 (1) 22
Omit "and any regional environmental plan that prevail" wherever occurring. 23
Insert instead "that prevails". 24
[2] Appendix 1, clause 1.9 (1), note and Appendix 2, clause 1.9 (1), note 25
Omit "REPs and LEPs and that REPs prevail over" wherever occurring. 26
[3] Appendix 1, clause 1.9 (1), note and Appendix 2, clause 1.9 (1), note 27
Omit "or REP" wherever occurring. 28
[4] Appendix 1, clause 1.9 (2) and Appendix 2, clause 1.9 (2) 29
Omit "and regional environmental plans" wherever occurring. 30
Page 45
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendments omit redundant references. 2
2.90 State Environmental Planning Policy (Temporary 3
Structures) 2007 4
Clause 15 (3) (e) 5
Omit "clause 18". Insert instead "clause 3.3". 6
Explanatory note 7
The proposed amendment updates a cross-reference. 8
2.91 State Environmental Planning Policy (Western Sydney 9
Employment Area) 2009 10
Clause 18 (1), note 11
Omit the note. 12
Explanatory note 13
The proposed amendment omits a redundant note. 14
2.92 Stock (Chemical Residues) Act 1975 No 26 15
Section 3, definition of "Department" 16
Omit "Primary Industries". Insert instead "Industry and Investment". 17
Explanatory note 18
The proposed amendment updates a reference to a Department. 19
2.93 Stock Diseases Act 1923 No 34 20
Section 3 (1), definition of "Department" 21
Omit "Primary Industries". Insert instead "Industry and Investment". 22
Explanatory note 23
The proposed amendment updates a reference to a Department. 24
2.94 Stock Foods Act 1940 No 19 25
Section 3, definition of "Director-General" 26
Omit the definition. Insert instead: 27
Director-General means the Director-General of the Department 28
of Industry and Investment. 29
Explanatory note 30
The proposed amendment updates a reference to a Department. 31
Page 46
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.95 Stock Medicines Act 1989 No 182 1
Section 3 (1), definition of "Director-General" 2
Omit "Agriculture". Insert instead "Industry and Investment". 3
Explanatory note 4
The proposed amendment updates a reference to a Department. 5
2.96 Surveying and Spatial Information Act 2002 No 83 6
Section 36 (3) (b) 7
Omit the paragraph. 8
Explanatory note 9
The proposed amendment omits a reference to a repealed Act. 10
2.97 Sydney Water Catchment Management Act 1998 No 171 11
Section 35, definition of "regulatory agencies" 12
Omit "Primary Industries" from paragraph (b). 13
Insert instead "Industry and Investment". 14
Explanatory note 15
The proposed amendment updates a reference to a Department. 16
2.98 Telecommunications (Interception and Access) (New South 17
Wales) Act 1987 No 290 18
Section 3 (4) 19
Insert after section 3 (3): 20
(4) Notes included in this Act do not form part of this Act. 21
Explanatory note 22
The proposed amendment clarifies the status of notes. 23
2.99 Threatened Species Conservation Regulation 2002 24
Clause 12 (e) (iii) 25
Omit "Primary Industries". Insert instead "Industry and Investment". 26
Explanatory note 27
The proposed amendment updates a reference to a Department. 28
Page 47
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.100 Travel Agents Regulation 2006 1
Clause 11 2
Omit the clause. 3
Explanatory note 4
The proposed amendment omits a redundant clause. 5
2.101 Valuation of Land Act 1916 No 2 6
[1] Section 4 (1), definitions of "Department" and "Director-General" 7
Omit the definitions. Insert instead in alphabetical order: 8
Department means the Land and Property Management 9
Authority. 10
Director-General means that Chief Executive of the Department. 11
[2] Section 79 12
Omit "department" wherever occurring. Insert instead "Department". 13
Explanatory note 14
The proposed amendments update references to a Department and the head of that 15
Department. 16
2.102 Veterinary Practice Regulation 2006 17
Clause 23 (1) 18
Omit "Primary Industries" wherever occurring. 19
Insert instead "Industry and Investment". 20
Explanatory note 21
The proposed amendment updates references to a Department. 22
2.103 Victims Support and Rehabilitation Act 1996 No 115 23
Schedule 1, table 24
Omit "ligaments(s)" wherever occurring under the heading Lower limbs. 25
Insert instead "ligament(s)". 26
Explanatory note 27
The proposed amendment corrects typographical errors. 28
Page 48
Statute Law (Miscellaneous Provisions) Bill 2010
Amendments by way of statute law revision Schedule 2
2.104 Warren Local Environmental Plan 2009 1
Clause 29, note 2
Omit "comply". Insert instead "complying". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.105 Water Sharing Plan for the Tomago Tomaree Stockton 6
Groundwater Sources 2003 7
Schedule 6, clause 2 (2) (g), (4), (6) (f), (8) and (9) 8
Omit "uS/cm" wherever occurring. Insert instead "S/cm". 9
Explanatory note 10
The proposed amendment corrects typographical errors. 11
2.106 Waverley Local Environmental Plan (Bondi Junction 12
Centre) 2010 13
Land Use Table, note 14
Omit "apples". Insert instead "applies". 15
Explanatory note 16
The proposed amendment corrects a typographical error. 17
2.107 Western Lands Act 1901 No 70 18
[1] Section 3 (1), definition of "Department" 19
Omit the definition. Insert instead: 20
Department means the Land and Property Management 21
Authority. 22
[2] Section 18E (2) (c) (iii) 23
Omit "Mineral Resources". Insert instead "Industry and Investment". 24
[3] Schedule 1, paragraph (c) 25
Omit "Agriculture". Insert instead "Industry and Investment". 26
Explanatory note 27
The proposed amendments update references to Departments. 28
Page 49
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 2 Amendments by way of statute law revision
2.108 Western Lands Regulation 2004 1
Schedule 4, item 6 2
Omit "Agriculture". Insert instead "Industry and Investment". 3
Explanatory note 4
The proposed amendment updates a reference to a Department. 5
2.109 Wine Grapes Marketing Board (Reconstitution) Act 2003 6
No 100 7
Section 3, definition of "Department" 8
Omit "Primary Industries". Insert instead "Industry and Investment". 9
Explanatory note 10
The proposed amendment updates a reference to a Department. 11
2.110 Wollongong Local Environmental Plan 2009 12
Clause 7.1 13
Renumber subclause (3) where secondly occurring as subclause (4). 14
Explanatory note 15
The proposed amendment corrects numbering. 16
Page 50
Statute Law (Miscellaneous Provisions) Bill 2010
Repeals Schedule 3
Schedule 3 Repeals 1
1 Repeal of redundant Act and provisions 2
The following provisions of the following Act and instruments are 3
repealed: 4
Act or instrument Provisions repealed
Fertilizers (Amendment) Act 1992 Whole Act
No 8
State Environmental Planning Policy Schedule 3.11
(Affordable Rental Housing) 2009
Sydney Regional Environmental Plan Part 4
No 26--City West
2 Repeal of provisions that contain only amendments that have 5
commenced or that are redundant 6
The following provisions of the following Acts are repealed: 7
Act Provisions repealed
Courts and Crimes Legislation Schedules 4, 7 and 24
Further Amendment Act 2008 No 107
Building Professionals Amendment Schedule 1 [5], [7], [11], [17] and
Act 2008 No 37 [38]
Explanatory note 8
Clause 1 repeals an Act and provisions of 2 instruments that are redundant. 9
Clause 2 repeals provisions of Acts that contain only amendments to other Acts or 10
instruments. 11
In relation to the repeal of amending provisions, it should be noted that the provisions 12
are repealed simply to rationalise the legislation in force and that the repeals have no 13
substantive effect on the amendments made by the provisions, or any associated 14
provisions. The Acts and instruments that were amended by the provisions being 15
repealed are up-to-date on the NSW legislation website maintained by the 16
Parliamentary Counsel's Office (www.legislation.nsw.gov.au). 17
Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not 18
affected when an Act or statutory rule is amended or repealed: 19
(a) the proof of any past act or thing, 20
(b) any right, privilege, obligation or liability saved by the operation of the Act or 21
statutory rule, 22
(c) any amendment or validation made by the Act or statutory rule, 23
Page 51
Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 3 Repeals
(d) the operation of any savings or transitional provision contained in the Act or 1
statutory rule. 2
Section 5 (6) of the Interpretation Act 1987 provides that the provisions of section 30 3
that apply to a statutory rule also apply to an environmental planning instrument. 4
Page 52
Statute Law (Miscellaneous Provisions) Bill 2010
General savings, transitional and other provisions Schedule 4
Schedule 4 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1 or 2 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1 or 2 amendment concerned, taken to 6
have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter), will 26
be taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
any act done or decision made under the provision amended or repealed 34
has effect after the amendment or repeal as if it had been done or made 35
under the provision as so amended or repealed. 36
Explanatory note 37
This clause ensures that the amendment or repeal of a provision will not, unless 38
expressly provided, vitiate any act done or decision made under the provision as in 39
force before the amendment or repeal. 40
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Statute Law (Miscellaneous Provisions) Bill 2010
Schedule 4 General savings, transitional and other provisions
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
(1) The Governor may by proclamation published on the NSW legislation 11
website revoke the repeal of any Act or instrument effected by the 12
following: 13
this Act 14
Statute Law (Miscellaneous Provisions) Act (No 2) 2007 15
Statute Law (Miscellaneous Provisions) Act 2008 16
(2) Any Act or instrument the subject of a proclamation under subclause (1) 17
is taken not to be, and never to have been, repealed by the Act 18
concerned. 19
(3) Subclause (2) does not operate in respect of any Act or instrument so as: 20
(a) to affect in a manner prejudicial to any person (other than the 21
State or an authority of the State) the rights of that person existing 22
before the date of publication on the NSW legislation website of 23
the proclamation under subclause (1) in respect of that Act or 24
instrument, or 25
(b) to impose liabilities on any person (other than the State or an 26
authority of the State) in respect of anything done or omitted to 27
be done before the date of publication of that proclamation. 28
(4) A reference in this clause to an Act or instrument includes a reference 29
to a provision of any Act or instrument. 30
Explanatory note 31
This clause enables the Governor, by proclamation, to revoke the repeal of any Act or 32
instrument or the provision of any Act or instrument repealed by this Act or any of the 33
other statute law revision Acts listed. The Act or instrument or provision of an Act or 34
instrument the subject of the revocation of repeal is taken not to be, and never to have 35
been, repealed. 36
5 Regulations 37
(1) The Governor may make regulations containing provisions of a savings 38
or transitional nature consequent on the enactment of this Act. 39
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Statute Law (Miscellaneous Provisions) Bill 2010
General savings, transitional and other provisions Schedule 4
(2) Any such provision may, if the regulations so provide, take effect from 1
the date of assent to this Act or a later date. 2
(3) To the extent to which any such provision takes effect from a date that 3
is earlier than the date of its publication on the NSW legislation website, 4
the provision does not operate so as: 5
(a) to affect, in a manner prejudicial to any person (other than the 6
State or an authority of the State), the rights of that person 7
existing before the date of its publication, or 8
(b) to impose liabilities on any person (other than the State or an 9
authority of the State) in respect of anything done or omitted to 10
be done before the date of its publication. 11
Explanatory note 12
This clause enables the making of regulations of a savings or transitional nature having 13
a short term effect and relating to incidental matters arising out of the proposed Act with 14
regard to which no specific, or sufficient, provision has been made in the proposed Act. 15
Page 55
Statute Law (Miscellaneous Provisions) Bill 2010
Notes
Notes 1
Index of Acts and instruments amended by Schedules 1 and 2 2
Aboriginal Land Rights Act 1983 No 42--Schedule 1 3
Adoption Act 2000 No 75--Schedules 1 and 2 4
Agricultural Industry Services Act 1998 No 45--Schedule 2 5
Agricultural Livestock (Disease Control Funding) Act 1998 No 139--Schedule 2 6
Agricultural Scientific Collections Trust Act 1983 No 148--Schedule 2 7
Albury Local Environmental Plan 2000--Schedule 2 8
Animal Diseases (Emergency Outbreaks) Act 1991 No 73--Schedule 2 9
Animal Diseases (Emergency Outbreaks) Regulation 2008--Schedule 2 10
Animal Research Act 1985 No 123--Schedule 1 11
Annual Reports (Departments) Act 1985 No 156--Schedule 1 12
Annual Reports (Statutory Bodies) Act 1984 No 87--Schedule 1 13
Apiaries Act 1985 No 16--Schedule 2 14
Associations Incorporation Act 2009 No 7--Schedule 1 15
Australian Museum Trust Act 1975 No 95--Schedule 1 16
Biofuels Act 2007 No 23--Schedule 2 17
Biological Control Act 1985 No 199--Schedule 2 18
Camden Local Environmental Plan No 48--Schedule 2 19
Child Protection (Offenders Prohibition Orders) Act 2004 No 46--Schedule 2 20
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 1 21
Coal Mine Health and Safety Regulation 2006--Schedule 2 22
Coastal Protection Act 1979 No 13--Schedule 2 23
Commercial Vessels (Equipment) Regulation 1986--Schedule 2 24
Commission for Children and Young People Act 1998 No 146--Schedule 1 25
Contaminated Land Management Act 1997 No 140--Schedule 2 26
Conveyancers Licensing Regulation 2006--Schedule 2 27
Conveyancing (Sale of Land) Regulation 2005--Schedule 2 28
Coroners Act 2009 No 41--Schedule 2 29
Crown Lands Act 1989 No 6--Schedule 2 30
Crown Lands (Continued Tenures) Act 1989 No 7--Schedule 2 31
Crown Lands (General Reserves) By-law 2006--Schedule 2 32
Crown Lands Regulation 2006--Schedule 2 33
Dairy Industry Act 2000 No 54--Schedule 1 34
Deer Act 2006 No 113--Schedule 2 35
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Statute Law (Miscellaneous Provisions) Bill 2010
Notes
Drug Misuse and Trafficking Act 1985 No 226--Schedule 2 1
Education Act 1990 No 8--Schedule 2 2
Environmental Planning and Assessment Act 1979 No 203--Schedule 1 3
Environmental Planning and Assessment Regulation 2000--Schedule 2 4
Exhibited Animals Protection Act 1986 No 123--Schedule 2 5
Explosives Regulation 2005--Schedule 2 6
Farm Water Supplies Act 1946 No 22--Schedule 2 7
Farrer Memorial Research Scholarship Fund Act 1930 No 38--Schedule 2 8
Fertilisers Act 1985 No 5--Schedule 2 9
Fines Act 1996 No 99--Schedule 1 10
Fines Regulation 2005--Schedule 1 11
Fisheries Management Act 1994 No 38--Schedules 1 and 2 12
Fisheries Management (Estuary General Share Management Plan) Regulation 13
2006--Schedule 2 14
Fisheries Management (General) Regulation 2002--Schedule 2 15
Gene Technology (GM Crop Moratorium) Act 2003 No 12--Schedule 2 16
Geographical Names Act 1966 No 13--Schedule 2 17
Gloucester Local Environmental Plan 2000--Schedule 2 18
Growth Centres (Development Corporations) Act 1974 No 49--Schedule 2 19
Guardianship Act 1987 No 257--Schedule 1 20
Hay Irrigation Regulation 2007--Schedule 2 21
Health Care Complaints Act 1993 No 105--Schedule 2 22
Health Practitioner Regulation Act 2009 No 86--Schedule 2 23
Hemp Industry Act 2008 No 58--Schedule 2 24
Independent Pricing and Regulatory Tribunal Act 1992 No 39--Schedule 2 25
Judicial Officers Act 1986 No 100--Schedule 2 26
ake Illawarra Authority Act 1987 No 285--Schedules 1 and 2 27
and and Environment Court Act 1979 No 204--Schedule 2 28
ane Cove Local Environmental Plan 2009--Schedule 2 29
aw Enforcement (Powers and Responsibilities) Regulation 2005--Schedule 2 30
icensing and Registration (Uniform Procedures) Act 2002 No 28--Schedule 1 31
iverpool Local Environmental Plan 2008--Schedule 2 32
ocal Government Act 1993 No 30--Schedule 1 33
ocal Government (Manufactured Home Estates, Caravan Parks, Camping Grounds 34
and Moveable Dwellings) Regulation 2005--Schedule 2 35
Marine Parks Act 1997 No 64--Schedule 2 36
Maritime Services Act 1935 No 47--Schedule 2 37
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Statute Law (Miscellaneous Provisions) Bill 2010
Notes
McGarvie Smith Institute Incorporation Act 1928 No 28--Schedule 2 1
Meat Industry (Meat Industry Levy) Regulation 2006--Schedule 2 2
Mental Health Act 2007 No 8--Schedule 1 3
Mine Health and Safety Act 2004 No 74--Schedule 2 4
Mine Health and Safety Regulation 2007--Schedule 2 5
Mine Safety (Cost Recovery) Act 2005 No 116--Schedule 2 6
Mine Safety (Cost Recovery) Regulation 2005--Schedule 2 7
Mine Subsidence Compensation Act 1961 No 22--Schedule 2 8
Mining Act 1992 No 29--Schedule 2 9
Mining Amendment Act 2008 No 19--Schedule 2 10
Mining Regulation 2003--Schedule 2 11
Motor Vehicles Taxation Act 1988 No 111--Schedule 2 12
National Parks and Wildlife Regulation 2009--Schedule 2 13
Non-Indigenous Animals Act 1987 No 166--Schedule 2 14
Noxious Weeds Act 1993 No 11--Schedule 2 15
Occupational Health and Safety Regulation 2001--Schedule 2 16
Ombudsman Act 1974 No 68--Schedule 1 17
Parliamentary Electorates and Elections Amendment Act 2006 No 68--Schedule 2 18
Pesticides Act 1999 No 80--Schedule 2 19
Petroleum (Onshore) Act 1991 No 84--Schedule 2 20
Petroleum (Onshore) Regulation 2007--Schedule 2 21
Plant Diseases Act 1924 No 38--Schedule 2 22
Port Stephens Local Environmental Plan 2000--Schedule 2 23
Poultry Meat Industry Act 1986 No 101--Schedule 2 24
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 2 25
Prevention of Cruelty to Animals (General) Regulation 2006--Schedule 2 26
Private Health Facilities Regulation 2010--Schedule 2 27
Property, Stock and Business Agents Regulation 2003--Schedule 2 28
Protection of the Environment Operations (General) Regulation 2009--Schedule 2 29
Public Finance and Audit Act 1983 No 152--Schedule 1 30
Public Reserves Management Fund Act 1987 No 179--Schedule 1 31
Real Property Act 1900 No 25--Schedules 1 and 2 32
Retirement Villages Act 1999 No 81--Schedules 1 and 2 33
Retirement Villages Regulation 2009--Schedule 2 34
Rice Marketing Act 1983 No 176--Schedule 2 35
Roads Regulation 2008--Schedule 2 36
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Statute Law (Miscellaneous Provisions) Bill 2010
Notes
Rural Lands Protection Act 1998 No 143--Schedule 2 1
State Environmental Planning Policy (Exempt and Complying Development Codes) 2
2008--Schedule 2 3
State Environmental Planning Policy (Major Development) 2005--Schedule 2 4
State Environmental Planning Policy (Sydney Region Growth Centres) 2006-- 5
Schedule 2 6
State Environmental Planning Policy (Temporary Structures) 2007--Schedule 2 7
State Environmental Planning Policy (Western Sydney Employment Area) 2009-- 8
Schedule 2 9
Stock (Chemical Residues) Act 1975 No 26--Schedule 2 10
Stock Diseases Act 1923 No 34--Schedule 2 11
Stock Foods Act 1940 No 19--Schedule 2 12
Stock Medicines Act 1989 No 182--Schedule 2 13
Strata Schemes Management Act 1996 No 138--Schedule 1 14
Strata Schemes Management Regulation 2005--Schedule 1 15
Subordinate Legislation Act 1989 No 146--Schedule 1 16
Surveying and Spatial Information Act 2002 No 83--Schedule 2 17
Sydney Opera House Trust Act 1961 No 9--Schedule 1 18
Sydney Water Catchment Management Act 1998 No 171--Schedule 2 19
Telecommunications (Interception and Access) (New South Wales) Act 1987 20
No 290--Schedule 2 21
Threatened Species Conservation Regulation 2002--Schedule 2 22
Travel Agents Regulation 2006--Schedule 2 23
Valuation of Land Act 1916 No 2--Schedule 2 24
Veterinary Practice Regulation 2006--Schedule 2 25
Victims Support and Rehabilitation Act 1996 No 115--Schedule 2 26
Warren Local Environmental Plan 2009--Schedule 2 27
Water Sharing Plan for the Tomago Tomaree Stockton Groundwater Sources 28
2003--Schedule 2 29
Waverley Local Environmental Plan (Bondi Junction Centre) 2010--Schedule 2 30
Western Lands Act 1901 No 70--Schedule 2 31
Western Lands Regulation 2004--Schedule 2 32
Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100--Schedule 2 33
Wollongong Local Environmental Plan 2009--Schedule 2 34
Workers Compensation Act 1987 No 70--Schedule 1 35
Page 59
Statute Law (Miscellaneous Provisions) Bill 2010
Notes
Index of Acts and instruments wholly or partly repealed by Schedule 3 1
Building Professionals Amendment Act 2008 No 37 2
Courts and Crimes Legislation Further Amendment Act 2008 No 107 3
Fertilizers (Amendment) Act 1992 No 8 4
State Environmental Planning Policy (Affordable Rental Housing) 2009 5
Sydney Regional Environmental Plan No 26--City West 6
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