Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to make minor amendments to various Acts (Schedule 1), and

(b) to amend certain other Acts and instruments for the purpose of effecting
statute law revision (Schedules 2 and 3), and

(c) to repeal certain Acts and instruments and provisions of Acts and instruments
(Schedule 4), and

(d) to make other provisions of a consequential or ancillary nature (Schedule 5).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act.

Clauses 3 and 5 are machinery provisions that give effect to the Schedules to the
proposed Act containing amendments and savings, transitional and other provisions.

Clause 4 gives effect to the Schedule of repeals.

Clause 6 makes it clear that the explanatory notes contained in the Schedules do not
form part of the proposed Act.

Clause 7 provides for the repeal of sections 3 and 4 of, and Schedules 1–4 to, the
proposed Act after all the amendments made by the proposed Act have commenced.

Once the amendments have commenced, those provisions will be spent and
section 30 of the Interpretation Act 1987 provides that the repeal of an amending
provision does not affect the amendments made by that provision.

Schedule 1 Minor amendments
Schedule 1 makes amendments to the following Acts:

Aboriginal Land Rights Act 1983 No 42
Agricultural Industry Services Act 1998 No 45
Australian Museum Trust Act 1975 No 95
Births, Deaths and Marriages Registration Act 1995 No 62
Conveyancers Licensing Act 2003 No 3
Dental Practice Act 2001 No 64
Fines Act 1996 No 99
First State Superannuation Act 1992 No 100
Forestry Act 1916 No 55
Forestry and National Park Estate Act 1998 No 163
Guardianship Act 1987 No 257
Licensing and Registration (Uniform Procedures) Act 2002 No 28
Liquor Act 2007 No 90
Local Government Associations Incorporation Act 1974 No 20
Medical Practice Act 1992 No 94
National Parks and Wildlife Act 1974 No 80
Native Vegetation Act 2003 No 103
Nature Conservation Trust Act 2001 No 10
Occupational Health and Safety Act 2000 No 40
Ombudsman Act 1974 No 68
Pharmacy Practice Act 2006 No 59
Police Act 1990 No 47

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Explanatory note page 3

Statute Law (Miscellaneous Provisions) Bill 2008
Explanatory note
Poultry Meat Industry Act 1986 No 101
Probate and Administration Act 1898 No 13
Property, Stock and Business Agents Act 2002 No 66
Protection of the Environment Operations Act 1997 No 156
Registered Clubs Amendment Act 2006 No 103
Road Transport Legislation Amendment (Car Hoons) Act 2008 No 4
Soil Conservation Act 1938 No 10
State Authorities Non-contributory Superannuation Act 1987 No 212
State Authorities Superannuation Act 1987 No 211
State Property Authority Act 2006 No 40
State Records Act 1998 No 17
Subordinate Legislation Act 1989 No 146
Superannuation Act 1916 No 28
Sydney Water Catchment Management Act 1998 No 171
Threatened Species Conservation Act 1995 No 101
Valuation of Land Act 1916 No 2
Waste Avoidance and Resource Recovery Act 2001 No 58
Wesley College Incorporation Act 1910
Zoological Parks Board Act 1973 No 34
The amendments to each Act are explained in detail in the explanatory note relating
to the Act concerned set out in Schedule 1.

Schedule 2 Amendments by way of statute law
revision
Schedule 2 amends certain Acts and instruments for the purpose of effecting statute
law revision.

The amendments to each Act and instrument are explained in detail in the
explanatory note relating to the Act or instrument concerned set out in Schedule 2.

Schedule 3 Amendments consequential on
enactment of Legal Profession Act 2004
Schedule 3 amends certain Acts for the purpose of effecting statute law revision,
consequent on the enactment of the Legal Profession Act 2004.

The nature of the amendments contained in Schedule 3 is explained in detail in the
explanatory note at the beginning of the Schedule and in the explanatory note relating
to the Act concerned set out in the Schedule.

Schedule 4 Repeals
Schedule 4 repeals a number of Acts and statutory instruments and provisions of
Acts and statutory instruments.

Parts 1 and 2 of the Schedule repeal Acts and statutory instruments that are
redundant.

Part 3 of the Schedule repeals Acts or provisions of Acts or instruments that contain
only commenced amendments to other Acts or instruments, or uncommenced
amending provisions that cannot be commenced because the Act or instrument that
they amend has been repealed or has been amended in such a way that they are
unincorporable.

Section 30 (2) of the Interpretation Act 1987 ensures that the repeal of an Act does
not affect the operation of any savings, transitional or validation provision contained
in the Act, and that the repeal of an amending Act does not affect any amendment
made by the Act.

The Acts or instruments that were amended by the Acts being repealed are available
electronically at www.legislation.nsw.gov.au.

Schedule 5 General savings, transitional and other
provisions
Schedule 5 contains savings, transitional and other provisions of a more general
effect than those set out in Schedule 1. The Schedule includes a provision allowing
the Governor, by proclamation, to revoke the repeal of any Act or instrument or the
provision of any Act or instrument repealed by the proposed Act.

The purpose of each provision is explained in detail in the explanatory note relating
to the provision concerned set out in the Schedule.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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