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 and instruments (Schedule 1), and

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

(c) to repeal an Act and provisions of Acts and instruments (Schedule 3), and

(d) to make other provisions of a consequential or ancillary nature (Schedule 4).

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.

Clause 3 provides for the repeal of the amendments made by the proposed Act after
the amendments 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.

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Explanatory note page 2

Statute Law (Miscellaneous Provisions) Bill 2010
Explanatory note
Clause 4 makes it clear that the explanatory notes contained in the Schedules do not
form part of the proposed Act.

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

Aboriginal Land Rights Act 1983 No 42
Adoption Act 2000 No 75
Animal Research Act 1985 No 123
Annual Reports (Departments) Act 1985 No 156
Annual Reports (Statutory Bodies) Act 1984 No 87
Associations Incorporation Act 2009 No 7
Australian Museum Trust Act 1975 No 95
Children and Young Persons (Care and Protection) Act 1998 No 157
Commission for Children and Young People Act 1998 No 146
Dairy Industry Act 2000 No 54
Environmental Planning and Assessment Act 1979 No 203
Fines Act 1996 No 99
Fines Regulation 2005
Fisheries Management Act 1994 No 38
Guardianship Act 1987 No 257
Lake Illawarra Authority Act 1987 No 285
Licensing and Registration (Uniform Procedures) Act 2002 No 28
Local Government Act 1993 No 30
Mental Health Act 2007 No 8
Ombudsman Act 1974 No 68
Public Finance and Audit Act 1983 No 152
Public Reserves Management Fund Act 1987 No 179
Real Property Act 1900 No 25
Retirement Villages Act 1999 No 81
Strata Schemes Management Act 1996 No 138
Strata Schemes Management Regulation 2005

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Explanatory note page 3

Statute Law (Miscellaneous Provisions) Bill 2010
Explanatory note
Subordinate Legislation Act 1989 No 146
Sydney Opera House Trust Act 1961 No 9
Workers Compensation Act 1987 No 70
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 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 Repeals
Schedule 3 repeals an Act and provisions of Acts and instruments.

Clause 1 of the Schedule repeals an Act and provisions of instruments that are
redundant.

Clause 2 of the Schedule repeals provisions of Acts that contain only amendments
that have commenced or that are redundant.

Section 30 (2) of the Interpretation Act 1987 ensures that the repeal of an Act or
statutory rule does not affect the operation of any savings, transitional or validation
provision contained in the Act or statutory rule, and that the repeal of an amending
Act does not affect any amendment made by the Act. Section 5 (6) of the
Interpretation Act 1987 provides that the provisions of section 30 that apply to a
statutory rule also apply to an environmental planning instrument.

The Acts or instruments that were amended by the Act and provisions of Acts and
instruments being repealed are available electronically on the NSW legislation
website at www.legislation.nsw.gov.au.

Schedule 4 General savings, transitional and other
provisions
Schedule 4 contains savings, transitional and other provisions of general effect. 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 or any of the other statute law revision Acts listed.

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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