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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Interpretation Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Interpretation Act 1987 No 15 2
4 Amendment of other Acts 2
5 Repeal of Reprints Act 1972 No 48 2
6 Repeal of Act 2
Schedule 1 Amendment of Interpretation Act 1987 3
Schedule 2 Amendment of other Acts 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Interpretation Amendment Bill 2006
Act No , 2006
An Act to amend the Interpretation Act 1987 with respect to statutory bodies
representing the Crown, the electronic or other publication of legislation and other
matters; to repeal the Reprints Act 1972; and to make consequential amendments to
other Acts.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Interpretation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Interpretation Amendment Act 2006.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsection (2).
(2) Section 4, Schedule 1 [3], [4], [6], [7], [8], [9] and [10] and Schedule 2
commence on a day or days to be appointed by proclamation.
3 Amendment of Interpretation Act 1987 No 15
The Interpretation Act 1987 is amended as set out in Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
5 Repeal of Reprints Act 1972 No 48
The Reprints Act 1972 is repealed.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Interpretation Amendment Bill 2006
Amendment of Interpretation Act 1987 Schedule 1
Schedule 1 Amendment of Interpretation Act 1987
(Section 3)
[1] Section 13A
Insert after section 13:
13A NSW Government agencies and statutory bodies representing the
Crown
(1) If an Act provides that a body is:
(a) a NSW Government agency, or
(b) a statutory body representing the Crown,
the body has the status, privileges and immunities of the Crown.
(2) If an Act provides that a body:
(a) is not or does not represent the Crown, or
(b) is not a NSW Government agency or a statutory body
representing the Crown,
the body does not have the status, privileges and immunities of
the Crown.
(3) This section extends (without limiting its operation):
(a) to a provision that is expressed to be made for the purposes
of any Act or more generally, and
(b) to privileges and immunities conferred by law expressly or
as a matter of construction.
(4) In any Act or instrument:
(a) a reference to a NSW Government agency includes a
reference to a body that is declared to be a statutory body
representing the Crown, or
(b) a reference to a statutory body representing the Crown
includes a reference to a body that is declared to be a NSW
Government agency.
(5) In this section, the Crown includes the State and the Government
of the State.
Page 3
Interpretation Amendment Bill 2006
Schedule 1 Amendment of Interpretation Act 1987
[2] Section 21 Meanings of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
NSW legislation website means the website with the URL of
www.legislation.nsw.gov.au, or any other website, used by the
Parliamentary Counsel to provide public access to the legislation
of New South Wales.
[3] Section 21 (1)
Omit the definition of proclamation. Insert instead:
proclamation means a proclamation of the Governor published
in the Gazette or on the NSW legislation website.
[4] Section 23 Commencement of Acts
Omit "in the Gazette" wherever occurring.
[5] Section 23 (4A)
Insert after section 23 (4):
(4A) A power to appoint by proclamation different days for the
commencement of different portions of an Act includes the
power to appoint different days for the commencement of the
repeal of different portions of any previous Act or instrument
repealed by a provision of the Act.
[6] Section 23 (8)
Insert after section 23 (7):
(8) In this section, published means published in the Gazette or on
the NSW legislation website.
[7] Section 39 The making of statutory rules
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
[8] Section 40 Notice of statutory rules to be tabled
Omit section 40 (1) and (2). Insert instead:
(1) Written notice of the making of a statutory rule must be laid
before each House of Parliament within 14 sitting days of that
House after the day on which it is published on the NSW
legislation website.
(2) A written notice is to identify the statutory rule to which it relates.
Page 4
Interpretation Amendment Bill 2006
Amendment of Interpretation Act 1987 Schedule 1
[9] Section 44
Insert after section 43:
44 Publication of certain miscellaneous statutory instruments on
NSW legislation website
(1) In this section, miscellaneous statutory instrument means an
instrument of a legislative nature that is required by an Act or
instrument to be published in the Gazette.
(2) The Governor may, by regulation, require miscellaneous
statutory instruments of a specified kind or class to be published
on the NSW legislation website instead of or in addition to the
Gazette.
(3) The regulations may, for that purpose, make consequential
amendments to the relevant Acts or instruments.
[10] Section 45 Presumption of validity of certain instruments
Insert "on the NSW legislation website or" after "published" in section 45 (2).
[11] Part 6A
Insert after Part 6:
Part 6A Publication of legislation
45B Definitions
In this Part:
legislation means:
(a) an Act or instrument of this jurisdiction, or
(b) a law of another jurisdiction that, under such an Act or
instrument, applies as a law of New South Wales, or
(c) a publication applied, adopted or incorporated by such an
Act or instrument by way of reference,
and includes a portion of any such legislation.
NSW legislation website has the meaning given by section 21.
45C Publication on NSW legislation website
(1) The Parliamentary Counsel may publish on the NSW legislation
website under the authority of the Government:
(a) legislation (as originally made or as amended), and
Page 5
Interpretation Amendment Bill 2006
Schedule 1 Amendment of Interpretation Act 1987
(b) other matter (including information relating to legislation
and any matter authorised by law to be published on the
website).
(2) Legislation or other matter is published on the NSW legislation
website:
(a) if it is made accessible in full on that website, or
(b) if notice of its making, issue or other production is made
accessible on that website and it is made accessible
separately in full on that website or in any other identified
location.
(3) The date on which legislation or other matter is published on the
NSW legislation website is the date notified by the Parliamentary
Counsel as the date of its publication (being not earlier than the
date on which it was first made so accessible).
(4) If legislation or other matter cannot for technical or other reasons
be published on the NSW legislation website at a particular time,
the legislation or other matter may be published at that time in
such other manner as the Parliamentary Counsel determines and
published on that website as soon as practicable thereafter. In that
case, it is taken to have been published on that website at that
earlier time.
(5) The Parliamentary Counsel is to compile and maintain a database
of legislation published on the NSW legislation website, and may
certify the form of that legislation that is correct.
45D Publication of paper reprints of legislation (cf former ss 57, 12 and
13 of Reprints Act 1972)
(1) This section applies to paper reprints of legislation, but does not
apply to the publication of legislation, as amended, on the NSW
legislation website.
(2) The Parliamentary Counsel may authorise legislation that has
been amended to be reprinted, as so amended, under the authority
of the Government, in the form certified as correct by the
Parliamentary Counsel as at the date of the reprint.
(3) The Parliamentary Counsel may authorise legislation to be
reprinted under this section:
(a) with the omission of all or any of the provisions of the
legislation that amend other legislation, and
(b) with the inclusion (appropriately identified) of
amendments to the legislation that have not been
commenced as at the date of the reprint.
Page 6
Interpretation Amendment Bill 2006
Amendment of Interpretation Act 1987 Schedule 1
(4) Legislation that is reprinted under this section may include:
(a) references where applicable to provisions by which the
legislation has been amended, and
(b) a note to the effect that the legislation is reprinted under
this section, and
(c) such other notes as the Parliamentary Counsel thinks fit.
(5) In this section:
amendment means a direct amendment that has commenced.
direct amendment means an amendment that inserts, omits,
varies or substitutes matter.
45E Style changes, roman numerals, colons and dashes (cf former ss 9D
and 9F of Reprints Act 1972)
(1) Legislation may be published under this Part:
(a) with the omission of the enacting formula, and
(b) with the omission of any comma before or after the year in
the short title or citation of the legislation (or in references
to the short title or citation of legislation of this or any
other jurisdiction), and
(c) with the omission of inverted commas around the short
title or citation of legislation, and
(d) with other changes to the format (but not to the text) of
legislation so as to conform to current styles in the State.
(2) For the purposes of publication under this Part and for all other
purposes:
(a) roman numerals in legislation may be regarded as being
interchangeable with the corresponding arabic numerals,
and
(b) colons in legislation may be regarded as being
interchangeable with dashes.
[12] Schedule 3 Savings and transitional provisions
Insert at the end of the Schedule:
7 Statutory bodies representing the Crown
(1) Section 13A, as inserted by the Interpretation Amendment Act
2006, is taken to have applied to any Act in force before the
commencement of that section (and to have applied on and from
the enactment of any such Act).
Page 7
Interpretation Amendment Bill 2006
Schedule 1 Amendment of Interpretation Act 1987
(2) Nothing in subclause (1) affects any judgment or other order of a
court or tribunal given or made before the commencement of that
section.
(3) In particular, the Roads and Traffic Authority is bound by the
Landlord and Tenant (Amendment) Act 1948 in relation to the
property located at 67 Cromwell Street, Croydon Park for so long
as that property is leased by that Authority to Mrs Jill McNamara
(being the appellant in the appeal to the High Court in McNamara
(McGrath) v Consumer Trader and Tenancy Tribunal [2005]
HCA 55 (29 September 2005)).
8 Repeal of Reprints Act 1972--saving of certificates certifying
reprint as correct
A certificate given under section 5 of the Reprints Act 1972
before the repeal of that Act by the Interpretation Amendment Act
2006 is taken, after that repeal, to be a certificate given under
section 45D of this Act.
9 Construction of references to publication in Gazette where
instruments published on NSW legislation website
(1) This clause applies to statutory rules and other instruments that
were required to be published in the Gazette, but that are required
(by amendments made by the Interpretation Amendment Act
2006, by a regulation under section 44 or by any other Act) to be
published instead on the NSW legislation website.
(2) In any Act or instrument, a reference to the publication in the
Gazette of a statutory rule or other instrument to which this clause
applies includes a reference to its publication on the NSW
legislation website instead of its publication in the Gazette.
Page 8
Interpretation Amendment Bill 2006
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Environmental Planning and Assessment Act 1979 No 203
[1] Section 33A Standardisation of local and other environmental planning
instruments
Omit "in the Gazette" from section 33A (1).
Insert instead "on the NSW legislation website".
[2] Section 33B Staged repeal and review of environmental planning
instruments
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
[3] Section 34 Environmental planning instruments--making, operation and
inspection
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
[4] Section 35 Validity of instruments
Omit "in the Gazette". Insert instead "on the NSW legislation website".
[5] Section 72C Consideration and making of plan
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
[6] Section 72F Making of local environmental plan following decision of
Court
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
[7] Section 72G Date from which consent operates
Omit "in the Gazette". Insert instead "on the NSW legislation website".
[8] Section 154 Transfer or amalgamation of land to which an environmental
planning instrument applies
Omit "in the Gazette" from section 154 (2) (b).
Insert instead "on the NSW legislation website".
Page 9
Interpretation Amendment Bill 2006
Schedule 2 Amendment of other Acts
[9] Schedule 6 Savings, transitional and other provisions
Omit "in the Gazette" from clause 1 (3) in Part 1.
Insert instead "on the NSW legislation website".
2.2 Public Sector Employment and Management Act 2002 No 43
[1] Section 66 Amendment or substitution of Schedule 2
Omit ", by order published in the Gazette," wherever occurring.
[2] Section 108 Orders to change references in Acts, section 110
Publication and commencement of orders, section 112 Operation of
orders
Omit "in the Gazette" wherever occurring.
Insert instead "on the NSW legislation website".
2.3 Subordinate Legislation Act 1989 No 146
[1] Section 5 Regulatory impact statements
Omit "in the Gazette" from section 5 (4).
[2] Section 8 Remaking of disallowed statutory rule
Omit "in the Gazette" from section 8 (2).
Insert instead "on the NSW legislation website".
[3] Section 8 (3)
Omit "in the Gazette".
[4] Section 11 Postponement of repeal in specific cases
Omit "in the Gazette" from section 11 (1).
Insert instead "on the NSW legislation website".
Page 10
Interpretation Amendment Bill 2006
Amendment of other Acts Schedule 2
[5] Section 12 Machinery provisions regarding repeals
Insert "on the NSW legislation website or" after "published" where firstly
occurring in section 12 (1) (a).
Page 11
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