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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Repeals 2
5 General savings, transitional and other provisions 2
6 Explanatory notes 2
7 Repeal of Act 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 38
Schedule 3 Amendments consequential on the enactment of the Legal
Profession Act 2004 No 112 63
Schedule 4 Repeals 73
Schedule 5 General savings, transitional and other provisions 81
Notes 84
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
Statute Law (Miscellaneous
Provisions) Bill 2006
Act No , 2006
An Act to repeal certain Acts 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.
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 Statute Law (Miscellaneous Provisions) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2006.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this
section.
(2) The amendments made by Schedules 13 commence on the day or days
specified in those Schedules in relation to the amendments concerned.
If a commencement day is not specified, the amendments commence on
the date of assent.
3 Amendments
The Acts and instruments specified in Schedules 13 are amended as set
out in those Schedules.
4 Repeals
Each Act specified in Schedule 4 is, to the extent indicated in that
Schedule, repealed.
5 General savings, transitional and other provisions
Schedule 5 has effect.
6 Explanatory notes
The matter appearing under the heading "Explanatory note" in any of
the Schedules does not form part of this Act.
7 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(1) This Act is repealed on the day following the day on which all of the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.
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Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Agricultural Scientific Collections Trust Act 1983 No 148
[1] Section 7 Principal objects of the Trust
Omit "agricultural science" from section 7 (a).
Insert instead "agriculture, fishing activities, forestry or mining".
[2] Section 7 (c)
Omit "in fields of agricultural science".
Insert instead "in relation to agriculture, fishing activities, forestry and
mining".
[3] Section 11 Vesting of certain property
Omit "scientific collection" from section 11 (1). Insert instead "collection".
[4] Section 11 (1) (b)
Omit "agricultural science".
Insert instead "agriculture, fishing activities, forestry or mining".
Explanatory note
Items [1] and [2] of the proposed amendments to the Agricultural Scientific Collections
Trust Act 1983 extend the principal objects of the Trust that is established under that
Act to the holding of property relating to the study of fishing activities, forestry and
mining and the increasing and dissemination of knowledge in relation to those
activities.
Items [3] and [4] are consequential amendments.
1.2 Centenary Institute of Cancer Medicine and Cell Biology Act
1985 No 192
Section 7 Constitution of the Board
Omit "for Health of New South Wales" from section 7 (3) (e).
Insert instead "administering this Act".
Explanatory note
The Centenary Institute of Cancer Medicine and Cell Biology Act 1985 (the Act)
currently provides for 2 of the governors of the Centenary Institute Board to be
nominated by the Minister for Health of New South Wales. The proposed amendment
replaces the reference to that Minister as nominator with a reference to the Minister
administering the Act. (The Minister administering the Act changed in May 2005 from
the Minister for Health to the Minister for Science and Medical Research.)
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Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
1.3 Coal Mine Health and Safety Act 2002 No 129
[1] Section 149 Functions of Chief Inspector
Omit section 149 (1) (a). Insert instead:
(a) the control and direction of inspectors and mine safety
officers, and
[2] Section 193 Regulations: specific miscellaneous powers
Insert after the last paragraph in the section:
(cu) regulating tourist activities and the use of coal operations
for educational purposes,
(cv) the lodgment of applications under this Act,
(cw) the transfer of any permit within the meaning of section
105,
(cx) the duration of any such permit, which may be indefinite
or of specified length,
(cy) modifying the requirements of Part 5 so that they apply,
with the prescribed modifications, to and in respect of
persons who conduct tourist activities in or about a mine,
or use a mine for educational purposes, under the authority
of a permit issued under Part 6.
[3] Section 201 Exemptions
Insert ", or provide for the exemption of," after "exempt".
[4] Section 220 Protection from liability
Insert "or the Occupational Health and Safety Act 2000" after "Act" in section
220 (1).
[5] Section 220 (2) (m)
Insert after section 220 (2) (l):
(m) a member of staff of the Department.
Commencement
Item [4] of the amendments to the Coal Mine Health and Safety Act 2002 commences
on the commencement of Schedule 3 [58] to the Mine Health and Safety Act 2004.
Explanatory note
Item [1] of the proposed amendments extends the functions of the Chief Inspector
under the Coal Mine Health and Safety Act 2002 to include the control and direction of
inspectors and mine safety officers.
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Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
Item [2] of the proposed amendments includes additional regulation-making powers in
relation to the regulation of tourist and educational activities, the lodgment of
applications under the Coal Mine Health and Safety Act 2002, permits to conduct
tourism activities at a coal operation or to use it for educational purposes and persons
who act under the authority of such permits.
Item [3] of the proposed amendments provides for the regulations to provide for the
exemption of persons, or persons of a prescribed class, or any act, matter or thing, or
any prescribed class of act, matter or thing, from any provision of the regulations. At
present, the regulations may exempt persons, or persons of a prescribed class, or any
act, matter or thing, or any prescribed class of act, matter or thing, from any provision
of the regulations. Item [3] of the proposed amendments extends the power so as to
permit the regulations to provide for such exemptions. For instance, the regulations
may provide for a specified person (such as the Chief Inspector) to exempt persons
from any provision of the regulations.
Item [4] of the proposed amendments extends the protection from personal liability
afforded to certain protected persons so that it applies also to any matter or thing done
or omitted in good faith for the purpose of executing the Occupational Health and
Safety Act 2000. The protection is only a protection from personal liability and does not
affect an injured party's right to recover from any other person, for instance from the
Crown. (The reference to "or any other Act" in section 220 of the Coal Mine Health and
Safety Act 2002 is proposed to be omitted by Schedule 3 [58] to the Mine Health and
Safety Act 2004.)
Item [5] of the proposed amendments extends the protection from personal liability to
members of staff of the Department administering the Coal Mine Health and Safety Act
2002.
1.4 Commercial Agents and Private Inquiry Agents Act 2004
No 70
Section 16 Probationary licences
Omit "immediate" from section 16 (2).
Explanatory note
Section 16 of the Commercial Agents and Private Inquiry Agents Act 2004 (the Act)
provides for supervision of a person during the first year that they hold an operator
licence issued under the Act. Currently the Act provides that such a licence is subject
to a condition that the licensee only carry out activities under that licence under the
immediate supervision of the holder of a master licence under the Act or the holder of
an operator licence that is not subject to such a condition. The proposed amendment
removes the requirement that the supervision be "immediate".
1.5 Companion Animals Act 1998 No 87
[1] Section 55 Interpretation
Omit "Brasiliero" from section 55 (1) (d). Insert instead "Brasileiro".
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Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
[2] Section 55 (1) (d1)
Insert after section 55 (1) (d):
(d1) any other dog of a breed, kind or description whose
importation into Australia is prohibited by or under the
Customs Act 1901 of the Commonwealth,
[3] Section 55 (1), note
Omit the note.
[4] Section 57D Council-declared restricted dogs may be seized and
destroyed after transition period
Omit "(a)(d)" from section 57D (2) (a). Insert instead "(a)(d1)".
[5] Section 58A Notice of intention to declare dog to be restricted dog
Omit "(a)(d)" from section 58A (1) (a). Insert instead "(a)(d1)".
[6] Section 58C Council may declare dog to be restricted dog
Omit "(a)(d)" wherever occurring in section 58C (2) (a) (i) and (b) (i).
Insert instead "(a)(d1)".
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Currently, section 55 of the Companion Animals Act 1998 (the NSW Act) defines the
following dogs as restricted dogs for the purposes of the NSW Act:
(a) American pit bull terrier or pit bull terrier,
(b) Japanese tosa,
(c) dogo Argentino,
(d) fila Brasileiro,
(e) any dog declared by a council under Division 6 of Part 5 of the NSW Act to be
a restricted dog,
(f) any other dog of a breed, kind or description prescribed by the regulations for
the purpose of that section.
Item [2] of the proposed amendments inserts section 55 (1) (d1) in the NSW Act so as
to extend the definition of restricted dog under the NSW Act to include any other dog
of a breed, kind or description that is prohibited from being imported into Australia by
or under the Customs Act 1901 of the Commonwealth. Items [3][6] make
consequential amendments.
1.6 Conveyancing Act 1919 No 6
[1] Section 202 General rules under this Part as to registration and fees
Omit "and" from section 202 (1) (d).
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Minor amendments Schedule 1
[2] Section 202 (1) (d1)
Insert after section 202 (1) (d):
(d1) providing for the refund or waiver of any such fees, and
Explanatory note
Item [2] of the proposed amendments inserts a regulation-making power into the
Conveyancing Act 1919 in relation to the refund or waiver of fees payable under that
Act or any other Act (except the Real Property Act 1900) under which the office of the
Registrar-General takes fees. Item [1] is a consequential amendment.
1.7 Co-operatives Act 1992 No 18
[1] Section 9 Excluded matter
Insert ", or applies in accordance with the provisions of Division 3 of Part 12,"
after "section 98 (j)" in section 9 (4).
[2] Section 316 Application for transfer
Insert after section 316 (4):
(5) For the avoidance of doubt, a co-operative is authorised for the
purposes of section 601BC (8) (d) of the Corporations Act to
become registered as a company under that Act if the
co-operative applies for the transfer in accordance with the
provisions of this Division.
[3] Section 321 New body is a continuation of the co-operative
Insert after section 321 (2):
(3) If the new body is a company under the Corporations Act,
subsections (1) and (2) have effect subject to the provisions of
section 601BM of that Act.
Note. Section 601BM of the Corporations Act provides that the
registration of a body as a company under Part 5B.1 of that Act does not:
(a) create a new legal entity, or
(b) affect the body's existing property, rights or obligations (except
as against the members of the body in their capacity as
members), or
(c) render defective any legal proceedings by or against the body or
its members.
Explanatory note
The recent decision of the Full Court of the Federal Court in Australian Securities and
Investments Commission v Medical Defence Association of Western Australia [2005]
FCAFC 173 (25 August 2005) has created uncertainty about the ability of State bodies
corporate to register as companies under the Corporations Act 2001 of the
Commonwealth. Section 601BC (8) (d) of the Corporations Act 2001 requires the
transfer of a State body corporate's incorporation to be authorised. On one view, the
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Schedule 1 Minor amendments
case suggests that express (rather than implied) authorisation by State law is required
to satisfy this requirement.
Items [1] and [2] of the proposed amendments confirm that a co-operative is authorised
to become registered as a company under the Corporations Act 2001 if it complies with
the provisions of Division 3 (Transfer of incorporation) of Part 12 of the Co-operatives
Act 1992 with respect to the transfer of its incorporation.
Item [3] makes a consequential amendment.
1.8 Crimes (Administration of Sentences) Act 1999 No 93
[1] Section 4 Application of Part
Omit "the Part 16" from section 4 (2). Insert instead "Part 16".
[2] Section 39 Powers of arrest
Omit "authorised justice" wherever occurring from section 39 (2)(5).
Insert instead "authorised officer".
[3] Section 39 (7), definition of "authorised justice"
Omit the definition. Insert instead:
authorised officer has the same meaning as it has in the Law
Enforcement (Powers and Responsibilities) Act 2002.
[4] Section 106Y Provision of information relating to offenders
Insert "of the Drug Court or the Commissioner" after "registrar" in section
106Y (2) (b).
[5] Section 106Y (5) (a) and (b)
Insert "or the Commissioner" after "Drug Court" wherever occurring.
[6] Section 106Y (5) (c)
Insert "or the Department" after "Drug Court" wherever occurring.
Commencement
Items [4][6] of the amendments to the Crimes (Administration of Sentences) Act 1999
commence, or are taken to have commenced, on the date of commencement of
Schedule 3 [4] to the Compulsory Drug Treatment Correctional Centre Act 2004.
Explanatory note
Item [1] of the proposed amendments omits a redundant word.
Items [2] and [3] of the proposed amendments update references to an office.
Section 106Y of the Crimes (Administration of Sentences) Act 1999 (which is to be
inserted into that Act by the Compulsory Drug Treatment Correctional Centre Act 2004)
mirrors section 31 of the Drug Court Act 1998.
Section 106Y (2) of the Crimes (Administration of Sentences) Act 1999 provides that it
is the duty of certain prescribed persons (who may be persons such as psychologists,
counsellors or pathologists) to promptly notify the registrar of the Drug Court or the
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Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
Commissioner of Corrective Services of any failure by an offender to comply with the
offender's compulsory drug treatment personal plan (ie of positive drug test results or
other evidence of drug use). The subsection also requires such persons to comply with
the requirements of the regulations with respect to the giving of such information to the
registrar, but a reference to the giving of information to the Commissioner was
inadvertently omitted.
Item [4] of the proposed amendments inserts the missing reference to the
Commissioner of Corrective Services into section 106Y (2) (b) to make it clear that
prescribed persons must comply with the requirements of the regulations with respect
to the giving of information to the Commissioner.
Section 106Y (5) of the Crimes (Administration of Sentences) Act 1999 provides certain
legal protection to the registrar and members of staff of the Drug Court by providing that
offenders are taken to have authorised the communication of information in specified
situations. The subsection also inadvertently omits references to the Commissioner of
Corrective Services or the staff of the Department of Corrective Services.
Items [5] and [6] of the proposed amendments insert the missing references to the
Commissioner of Corrective Services and the Department of Corrective Services in
section 106Y (5) to give the same legal protection to the Commissioner and the staff of
the Department as is given to the registrar and members of staff of the Drug Court.
1.9 Crown Lands Act 1989 No 6
[1] Section 36 Conditions that may be included in contracts of sale
Insert ", or impose in connection with the grant of an application to purchase
land that is the subject of a holding within the meaning of the Crown Lands
(Continued Tenures) Act 1989," after "Crown land" in section 36 (1).
[2] Section 162 Penalty notices for certain offences
Omit "under this Act prescribed by the regulations" from section 162 (1).
Insert instead "under this Act, the regulations or the by-laws made under
section 128, being an offence prescribed by the regulations for the purposes of
this section".
[3] Section 180C
Insert after section 180B:
180C Payments due under the Act
(1) Any payment due under this Act must be made as a single
payment when due.
(2) However, the Minister may accept a payment by instalments on
any basis that the Minister determines is appropriate.
Explanatory note
Under section 36 of the Crown Lands Act 1989 (the Act), the Minister for Lands may
include in a contract of sale of Crown land a condition for an option or right for the
Minister to repurchase the land on behalf of the Crown. Item [1] of the proposed
amendments makes it clear that such a condition may also be imposed in connection
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Schedule 1 Minor amendments
with the grant of an application to purchase land that is the subject of a holding (an
incomplete purchase, a perpetual lease, a term lease or a special lease) under the
Crown Lands (Continued Tenures) Act 1989.
Item [2] of the proposed amendments makes it clear that offences under the regulations
and by-laws made under the Act may be dealt with by way of penalty notice.
Item [3] of the proposed amendments provides that any payment due under the Act
must be made as a single payment when due, but that the Minister may accept a
payment by instalments on any basis that the Minister determines is appropriate.
1.10 Environmental Planning and Assessment Act 1979 No 203
[1] Section 121B Orders that may be given by consent authority or by
Minister etc
Insert "or in connection with development for which the Minister or
Director-General is or has been the consent authority" after "applies" in
section 121B (1) (aa).
[2] Section 122M Search warrants
Omit "authorised justice" wherever occurring from section 122M (1) and (2).
Insert instead "issuing officer".
[3] Section 122M (3)
Omit the subsection. Insert instead:
(3) Application of Law Enforcement (Powers and Responsibilities)
Act 2002
Division 4 of Part 5 of the Law Enforcement (Powers and
Responsibilities) Act 2002 applies to a search warrant issued
under this section.
[4] Section 122M (4), definition of "authorised justice"
Omit the definition. Insert instead:
issuing officer means an authorised officer within the meaning of
the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
Prior to the enactment of Part 3A of the Environmental Planning and Assessment Act
1979 (the Act), section 121B (1) (b) of the Act authorised any consent authority other
than a council (such as the Minister or the Director-General of the Department of
Planning) to give orders under Division 2A of Part 6 for the enforcement of the Act in
connection with matters for which they act as the consent authority for development.
Such an order can be given, for example, to require a person to comply with the
conditions of a development consent. The amending legislation that inserted Part 3A
into the Act also amended section 121B (1) to insert paragraph (aa) to give the Minister
and the Director-General power to give orders in relation to Part 3A projects. The
insertion of that power casts doubt on whether the Minister and Director-General retain
the power to give orders in respect of development to which Part 4 applies for which
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Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
they are or have been the consent authority. Item [1] of the proposed amendments
makes it clear that the Minister and Director-General retain that power.
Items [2] and [4] of the proposed amendments clarify references to an office holder.
Item [3] of the proposed amendments updates a reference to a repealed Act.
1.11 Game and Feral Animal Control Act 2002 No 64
[1] Section 13A
Insert after section 13:
13A Delegation
The Game Council may delegate to the chief executive officer of
the Game Council the exercise of the function of issuing
identification cards to inspectors under section 35 (1).
[2] Section 17 Exemptions from licensing
Omit section 17 (1) (b). Insert instead:
(b) a person who is hunting on any land owned or occupied by
the person or by a member of the person's household,
(b1) a person who is hunting on any land owned or occupied by
the person's employer or by a corporation of which the
person is an officer,
Explanatory note
The Game and Feral Animal Control Act 2002 establishes the Game Council and
confers functions on it, including the administration of the licensing system for game
hunters.
Item [1] of the proposed amendments provides for the Game Council to delegate to its
chief executive officer the exercise of the function of issuing identification cards to
inspectors.
Item [2] of the proposed amendments exempts an employee of a person who owns or
occupies land from the need to obtain a game hunting licence to hunt on that land.
1.12 Garvan Institute of Medical Research Act 1984 No 106
Schedule 1 Provisions relating to the directors
Omit "of State for Health of New South Wales" from clause 2 (1) (e).
Insert instead "administering this Act".
Explanatory note
The Garvan Institute of Medical Research Act 1984 (the Act) currently makes provision
for 2 directors of the Garvan Institute Board to be nominated by the Minister of State
for Health of New South Wales. The proposed amendment replaces the reference to
that Minister as nominator with a reference to the Minister administering the Act. (The
Minister administering the Act changed in May 2005 from the Minister for Health to the
Minister for Science and Medical Research.)
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Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
1.13 Gene Technology (GM Crop Moratorium) Act 2003 No 12
[1] Section 13 Advisory Council
Omit "Department of Agriculture" from section 13 (2) (a).
Insert instead "Department of Primary Industries".
[2] Section 13 (2) (f)
Omit "Australian Wheat Board Pty Ltd". Insert instead "AWB Limited".
[3] Section 13 (2) (g)
Omit "the Chief Executive of".
[4] Section 13 (2) (h)
Omit "the Chair of Avcare Limited".
Insert instead "CropLife Australia Limited".
[5] Section 13 (2) (i)
Omit "the Chair of".
Explanatory note
The Gene Technology (GM Crop Moratorium) Act 2003 establishes the New South
Wales Agricultural Advisory Council on Gene Technology and confers functions on it,
including the investigation of matters referred to the Advisory Council by the Minister
for Primary Industries and providing advice to the Minister on matters relating to GM
technology. The Advisory Council is made up of members nominated by certain
persons and organisations.
Items [1] and [2] of the proposed amendments update references to organisations that
have changed their names.
Item [3] of the proposed amendments ensures that the Commonwealth Scientific and
Industrial Research Organisation nominates a member of the Advisory Council rather
than the Chief Executive of that organisation.
Item [4] of the proposed amendments updates a reference to an organisation that has
changed its name and ensures that the organisation, rather than the Chair of that
organisation, nominates a member of the Advisory Council.
Item [5] of the proposed amendments ensures that the Grains Research and
Development Corporation, rather than the Chair of that organisation, nominates a
member of the Advisory Council.
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Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
1.14 Higher Education (Amalgamation) Act 1989 No 65
Part 8A The Orange Agricultural College
Omit the Part.
Explanatory note
Part 8A of the Higher Education (Amalgamation) Act 1989 includes provisions that,
among other things, vest the control and management of the Orange Agricultural
College campus in the University of Sydney. The proposed amendment omits that Part
as a consequence of the college having been transferred from the University of Sydney
to Charles Sturt University.
1.15 Holiday Parks (Long-term Casual Occupation) Act 2002
No 88
Section 27 What orders can the Tribunal make?
Insert after section 27 (1) (e):
(f) an order terminating the occupation agreement and an
order for possession of the site.
Explanatory note
The Holiday Parks (Long-term Casual Occupation) Act 2002 (the Act) sets out the
rights and obligations of long-term casual occupants of holiday parks and the park
owners and regulates the making and operation of occupation agreements under which
a park owner grants an occupant the right to occupy a site. The Consumer, Trader and
Tenancy Tribunal (the Tribunal) has jurisdiction over certain matters concerning
occupation agreements. Section 26 of the Act provides that a park owner or an
occupant may apply to the Tribunal for an order if the park owner or occupant claims
that a breach of a term of the occupation agreement has occurred or if a disagreement
occurs between a park owner and an occupant concerning a matter that could form the
basis of a breach of the occupation agreement.
The object of the proposed amendment is to provide that the Tribunal may, on
application under section 26, make an order terminating the occupation agreement and
an order for possession of the relevant site.
1.16 Independent Commission Against Corruption Act 1988
No 35
[1] Section 57G
Insert after section 57F:
57G Former officers of the Commission
For the avoidance of doubt, a reference in any other provision of
this Part to an officer of the Commission includes a reference to
a former officer of the Commission.
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Schedule 1 Minor amendments
[2] Section 111C Relationship with Ombudsman regarding conduct of
Commission and Inspector
Insert "or former officer" after "officer".
[3] Section 111D Complaints by public officials
Insert "or former officer" before "of the Commission" where secondly
occurring in section 111D (1).
Explanatory note
The proposed amendments to the Independent Commission Against Corruption Act
1988 confirm that the Inspector of the Independent Commission Against Corruption
may investigate complaints about the conduct of former officers of the Commission as
well as the conduct of current officers of the Commission.
1.17 Liquor Act 1982 No 147
[1] Section 4 Definitions
Omit the definition of authorised justice from section 4 (1). Insert instead:
authorised officer has the same meaning as it has in the Law
Enforcement (Powers and Responsibilities) Act 2002.
[2] Section 6B Delegations
Insert after section 6B (4):
(5) The Director-General of the Department of the Arts, Sport and
Recreation may delegate any of the Director-General's functions
under this Act in relation to key officials and former key officials
(including the granting of approvals and exemptions under
sections 105A and 105B):
(a) to the Commissioner, NSW Office of Liquor, Gaming and
Racing, Department of the Arts, Sport and Recreation, or
(b) if there is no such position in that Department--to a senior
executive officer (within the meaning of the Public Sector
Employment and Management Act 2002) employed in the
NSW Office of Liquor, Gaming and Racing, Department
of the Arts, Sport and Recreation.
[3] Sections 104A and 104B
Omit "authorised justice" wherever occurring.
Insert instead "authorised officer".
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Minor amendments Schedule 1
[4] Section 151 Search warrants
Omit section 151 (1).
Explanatory note
Items [1], [3] and [4] of the proposed amendments update references to an office
holder.
Item [2] of the proposed amendments enables the Director-General of the Department
of the Arts, Sport and Recreation to delegate his or her functions under the Liquor Act
1982 in relation to key officials (or former key officials) of that Department to the
Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive
officer employed in that Office if the position of Commissioner does not exist.
1.18 Mine Health and Safety Act 2004 No 74
[1] Section 85 Issue of tourist and educational permits
Insert "or prescribed by the regulations (or both)" after "form" where secondly
occurring in section 85 (3).
[2] Section 130 Functions of Chief inspector
Omit section 130 (1) (a). Insert instead:
(a) the control and direction of inspectors and mine safety
officers, and
[3] Section 166 Regulations: specific miscellaneous powers
Omit section 166 (bx). Insert instead:
(bx) modifying the requirements of Part 5 so that they apply,
with the prescribed modifications, to and in respect of
persons who conduct tourist activities in or about a mine,
or use a mine for educational purposes, under the authority
of a permit issued under Part 6.
[4] Section 172 Exemptions
Insert ", or provide for the exemption of," after "exempt" in section 172 (1).
[5] Section 189 Protection from liability
Insert "or the Occupational Health and Safety Act 2000" after "Act" in section
189 (1).
[6] Section 189 (2) (k)
Insert after section 189 (2) (j):
(k) a member of staff of the Department.
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[7] Schedule 3 Amendment of Coal Mine Health and Safety Act 2002
Insert "or prescribed by the regulations (or both)" after "form" where secondly
occurring in proposed section 107 (3) in Schedule 3 [29].
Explanatory note
Item [1] of the proposed amendments provides for an application for a tourist or
educational permit under the Mine Health and Safety Act 2004 to be accompanied by
the documents prescribed by the regulations (as well as any documents specified in an
approved form). Item [7] makes the same provision in respect of an application for such
a permit under the Coal Mine Health and Safety Act 2002.
Item [2] of the proposed amendments extends the functions of the Chief Inspector
under the Mine Health and Safety Act 2004 to include the control and direction of
inspectors and mine safety officers.
Item [3] of the proposed amendments includes an additional regulation-making power
in relation to persons who conduct tourist activities in or about a mine, or use a mine
for educational purposes, under the authority of a permit issued under Part 6 of the
Mine Health and Safety Act 2004.
Item [4] of the proposed amendments provides for the regulations to provide for the
exemption of persons, or persons of a prescribed class, or any act, matter or thing, or
any prescribed class of act, matter or thing, from any provision of the regulations. At
present, the regulations may exempt persons, or persons of a prescribed class, or any
act, matter or thing, or any prescribed class of act, matter or thing, from any provision
of the regulations. Item [4] of the proposed amendments extends the power so as to
permit the regulations to provide for such exemptions. For instance, the regulations
may provide for a specified person (such as the Chief Inspector) to exempt persons
from any provision of the regulations.
Item [5] of the proposed amendments extends the protection from personal liability
afforded to certain protected persons so that it applies also to any matter or thing done
or omitted in good faith for the purpose of executing the Occupational Health and
Safety Act 2000. The protection is only a protection from personal liability and does not
affect an injured party's right to recover from any other person, for instance from the
Crown.
Item [6] of the proposed amendments extends the protection from personal liability to
members of staff of the Department of Primary Industries.
1.19 Non-Indigenous Animals Act 1987 No 166
[1] Section 14 Application for licence
Omit "and shall be accompanied by the prescribed fee" from section 14 (1).
[2] Section 14 (1A)
Insert after section 14 (1):
(1A) An applicant for a licence or the renewal of a licence must pay the
prescribed fee at the same time as the application is made or as
provided by the regulations.
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[3] Section 14 (4)
Insert after section 14 (3):
(4) The regulations may make provision for or with respect to the
following:
(a) times for the payment of fees for licences or renewals of
licences,
(b) the payment of such fees by instalments,
(c) the waiver or refund of the whole or any part of such fees.
Explanatory note
The proposed amendments to the Non-Indigenous Animals Act 1987 enable
regulations under that Act to provide for the prescribed fee for a licence or renewal of
a licence to be paid by instalments and for the waiving or refunding of the prescribed
fee.
1.20 Passenger Transport Act 1990 No 39
[1] Section 3 Definitions
Omit the definition of regulator from section 3 (1). Insert instead:
regulator means:
(a) in relation to a public passenger service carried on by
means of a ferry--the Maritime Authority, and
(b) in relation to a public passenger service carried on
otherwise than by means of a ferry--the Director-General.
[2] Section 3 (1), definition of "Waterways Authority"
Omit the definition. Insert instead in alphabetical order:
Maritime Authority means the Maritime Authority of NSW
constituted under Part 4 of the Ports Corporatisation and
Waterways Management Act 1995.
[3] Sections 46R (2) (f) (ii), 46W (2), 53C (2) (a) and (c), (3) and (5), 53D (2) (c),
(3) and (4), 53E (1) and 66 and Schedule 3, clause 48
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority".
Explanatory note
The concept of a regulator (and a definition of that term) was introduced into the
Passenger Transport Act 1990 (the Act) by the Transport Legislation Amendment
(Waterfall Rail Inquiry Recommendations) Act 2005 (the amending Act).
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The definition is currently as follows:
regulator means:
(a) in relation to a public passenger service carried on by means of
a bus--the Director-General, and
(b) in relation to a public passenger service carried on by means of
a ferry--the Waterways Authority.
(The Director-General referred to is the Director-General of the Ministry of Transport.
Public passenger service is defined in the Act.)
Among other things, the regulator is empowered to appoint persons as authorised
officers for the purposes of the Act (see section 46W). Before the enactment of the
amending Act, authorised officers were appointed by the Director-General or the
Independent Transport Safety and Reliability Regulator "for the purposes of the
provision in which the expression [authorised officer] is used".
In consequence of these changes, there is some doubt as to whether authorised
officers appointed by the Director-General may exercise their functions in relation to
public passenger services carried on by means other than the means of a bus or a ferry
(such as by means of a taxi or a private hire vehicle).
To remove this doubt, item [1] of the proposed amendments extends the definition of
regulator so as to provide that the Director-General is the regulator in relation to all
public passenger services other than those carried on by means of a ferry.
Items [2] and [3] of the proposed amendments update references to a renamed body.
1.21 Plant Diseases Act 1924 No 38
Section 9 Seizure of plants
Omit "seized shall be destroyed or otherwise dealt with in such manner as the
Director-General shall direct" from section 9 (1).
Insert instead:
seized:
(a) is to be destroyed, or
(b) is to be dealt with in such other manner as the
Director-General directs.
Explanatory note
The proposed amendment clarifies that the power of the Director-General of the
Department of Primary Industries under section 9 of the Plant Diseases Act 1924 is to
give directions on the manner in which a thing that has been seized under the section,
but not destroyed, is to be dealt with.
1.22 Ports Corporatisation and Waterways Management Act 1995
No 13
[1] Long title
Omit "Waterways Authority". Insert instead "Maritime Authority of NSW".
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[2] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
the Authority means the Maritime Authority of NSW constituted
under Part 4.
[3] Section 3 (1), definition of "Waterways Authority"
Omit the definition.
[4] Sections 17 (1), 26 (2), 27 (3), 33 (2) and (2A), 35 (2), 36 (1), 37, 38, 39
(1)(4), 40 (1) and (2), 41 (1)(3), 42 (2)(4), 43, 44 (1), 46, 58, 59 (4) (b), 64,
103, 107 (2), 108 and 109
Omit "Waterways Authority" wherever occurring. Insert instead "Authority".
[5] Part 4, heading
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
[6] Part 4, Divisions 1, 2 and 3, headings
Omit "Waterways" wherever occurring.
[7] Section 35 Constitution of Authority
Omit "Waterways Authority" from section 35 (1).
Insert instead "Maritime Authority of NSW".
Explanatory note
Item [7] of the proposed amendments changes the name of the Waterways Authority
constituted under section 35 of the Ports Corporatisation and Waterways Management
Act 1995 to the Maritime Authority of NSW.
Items [1][6] make consequential amendments.
1.23 Property Legislation Amendment Act 2005 No 68
[1] Schedule 1 Amendment of Real Property Act 1900
Insert "in section 47 (1) (b) and" after "except" in item [8].
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[2] Schedule 1
Insert after item [8]:
[8A] Section 47 (1) (b)
Omit the paragraph. Insert instead:
(b) if the affecting interest is an easement or profit ā
prendre that benefits land under the provisions of
this Act--in the folio of the Register for the land
benefited.
Explanatory note
Schedule 1 [7][11] to the Property Legislation Amendment Act 2005 (the amending
Act), which have not yet commenced, amend section 47 of the Real Property Act 1900
in relation to the recording, variation and release of an easement, profit ā prendre or
restriction on the use of land. An unintended consequence of the amending Act is that
the Registrar-General would be required to record particulars of a dealing creating a
restriction in the folio of the Register under the Real Property Act 1900 for the land
benefited, if the restriction benefits land under the provisions of that Act. Item [2] of the
proposed amendments removes that requirement. Item [1] is a consequential
amendment.
1.24 Protection of the Environment Operations Act 1997 No 156
[1] Section 110 Revocation or variation
Omit "regulatory authority" from section 110 (4).
Insert instead "Minister or by the regulatory authority or public authority".
[2] Section 146D Littering reports
Omit "(by weight and volume)" from section 146D (2).
[3] Section 207 Power to require articles to be tested or inspected
Insert "or inspected" after "tested" wherever occurring in section 207 (1) and
(2).
[4] Section 207 (2) (c)
Insert at the end of section 207 (2) (b):
, or
(c) to be tested or inspected at a place approved by the EPA by
a person approved by the EPA.
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[5] Section 207 (4) and (5)
Insert after section 207 (3):
(4) The regulations may make provision for or with respect to the
approval by the EPA of:
(a) the places at which articles are to be tested or inspected for
the purposes of this section, and
(b) the persons who may carry out any such testing or
inspection.
(5) Without limiting subsection (4), the regulations may make
provision for or with respect to the following:
(a) the issue, transfer, conditions, variation, surrender, review,
suspension or revocation of an approval (including
applications for the issue, transfer, variation or surrender
of approvals) for the purposes of this section,
(b) the maximum fee that may be charged with respect to the
testing or inspection of an article under subsection (2) (c).
[6] Section 280 Powers of entry by police by warrant
Omit "an authorised justice within the meaning of the Search Warrants Act
1985" from the definition of Magistrate in section 280 (12).
Insert instead "an authorised officer within the meaning of the Law
Enforcement (Powers and Responsibilities) Act 2002".
[7] Schedule 2 Regulation-making powers
Omit clause 3 (7). Insert instead:
(7) The testing and inspection of articles, and requiring articles to be
tested or inspected, for the purpose of:
(a) determining whether they comply with the requirements of
this Act or the regulations, and
(b) without limiting paragraph (a), determining the level,
nature, character or quality of the noise emitted by them or
the noise that they are capable of emitting.
[8] Schedule 2, clause 4 (3A)
Insert after clause 4 (3):
(3A) The testing and inspection of vehicles or vessels, and requiring
vehicles or vessels to be tested or inspected, for the purpose of
determining whether they comply with the requirements of this
Act or the regulations.
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[9] Dictionary
Omit "Waterways Authority" from the definition of marine authority.
Insert instead "Maritime Authority of NSW".
Commencement
Items [3][5], [7] and [8] of the amendments to the Protection of the Environment
Operations Act 1997 commence on 1 September 2006.
Explanatory note
Item [1] of the proposed amendments makes it clear that a notice issued under Chapter
4 of the Protection of the Environment Operations Act 1997 (the Act) can only be
revoked or varied by the Minister or by the regulatory authority or public authority that
gave it.
Section 146D of the Act requires the EPA to furnish a litter report to the Minister. Item
[2] of the proposed amendments removes the requirement for the quantity of litter in a
litter report to be measured by weight and volume.
Items [3][5], [7] and [8] of the proposed amendments provide for and clarify various
regulation-making and other powers for the inspection and testing of articles, including
vehicles and vessels, under the Act.
Section 207 of the Act currently gives an authorised officer the power to require articles
to be tested for the purpose of determining whether the articles comply with the
requirements of the Act or the regulations under the Act. Item [3] of the proposed
amendments makes it clear that this power covers the inspection of articles. Item [4] of
the proposed amendments provides that an authorised officer may require an article to
be tested or inspected at a place approved by the EPA by a person approved by the
EPA.
Item [5] of the proposed amendments provides that the regulations may make provision
for:
(a) the approval by the EPA of places at which articles are to be tested or inspected
and the persons who may carry out any such testing or inspection, and
(b) the issue, transfer, conditions, variation, surrender, review, suspension or
revocation of such an approval (including applications for the issue, transfer,
variation or surrender of approvals), and
(c) the maximum fee that may be charged with respect to the testing or inspection
of an article.
Item [6] of the proposed amendments updates a reference to an office.
Items [7] and [8] of the proposed amendments clarify the regulation-making powers
under Schedule 2 to the Act in relation to noise, and vehicles and vessels.
Item [9] of the proposed amendments updates a reference to a renamed body.
1.25 Public Sector Employment and Management Act 2002 No 43
[1] Schedule 1 Divisions of the Government Service
Insert in Part 2 in alphabetical order of Divisions:
Public Transport Ticketing Corporation Chief Executive Officer of the Public
Division Transport Ticketing Corporation
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[2] Schedule 1, Part 2
Omit the matter relating to the Waterways Authority Division from columns 1
and 2.
Insert instead in alphabetical order of Divisions:
* Maritime Authority of NSW Division Chief Executive of Maritime Authority of
NSW
[3] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit "Waterways Authority" from Part 2.
Insert instead "Maritime Authority of NSW".
Commencement
Item [1] of the amendments to the Public Sector Employment and Management Act
2002 commences on the commencement of Schedule 1 [3] to the Transport
Administration Amendment (Public Transport Ticketing Corporation) Act 2006.
Explanatory note
Item [1] of the proposed amendments establishes the Public Transport Ticketing
Corporation Division as a Division of the Government Service in which staff are
employed under Chapter 1A of the Public Sector Employment and Management Act
2002 to enable the Public Transport Ticketing Corporation to exercise its functions. The
amendment is consequential on the amendments to the Transport Administration Act
1988 contained elsewhere in this Schedule.
Items [2] and [3] of the proposed amendments update references to a renamed body.
1.26 Real Property Act 1900 No 25
[1] Section 105 Recording of writ in Register
Omit section 105 (2) (b). Insert instead:
(b) is accompanied by:
(i) a sealed copy of the writ, or
(ii) a copy of a sealed copy of the writ certified by the
Sheriff to be a true copy,
[2] Section 105A Effect of recording writ
Omit "and" from section 105A (4) (b).
[3] Section 105A (4) (c) and (d)
Omit section 105A (4) (c). Insert instead:
(c) in the case of a transfer, is accompanied by an associated
agreement for sale endorsed with the relevant consent
under section 113 (6) (b) of the Civil Procedure Act 2005,
and
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(d) in the case of a mortgage, is endorsed with the relevant
consent under section 113 (6) (b) of the Civil Procedure
Act 2005,
[4] Section 135 Registrar-General may settle claims
Omit section 135 (6). Insert instead:
(6) The Registrar-General may delegate to a member of staff of the
Department of Lands the power of the Registrar-General to settle
claims under this section.
[5] Section 138 Court may direct cancellation of folios and other actions
related to folios
Insert after section 138 (3) (c):
(c1) create a new edition of a computer folio,
[6] Section 138 (3A)
Insert after section 138 (3):
(3A) If a court makes an order under subsection (3) (c), the
Registrar-General may require a person to lodge with the
Registrar-General a plan (being, where the Registrar-General so
specifies, a plan of survey) of the relevant land, together with
such number of copies of the plan, if any, as the
Registrar-General may specify.
Explanatory note
At present under section 105 of the Real Property Act 1900 (the Act), the
Registrar-General may record a writ in the Register under the Act pursuant to an
application that, among other things, must be accompanied by a sealed copy of the
writ. Item [1] of the proposed amendments provides that either a sealed copy of the writ
or a copy of a sealed copy of the writ certified by the Sheriff as being a true copy must
accompany such an application.
Item [3] of the proposed amendments makes it clear that a mortgage that is registered
by a judgment debtor under section 105A of the Act following the recording of a writ in
the Register must be endorsed with the consent of the Sheriff to the mortgage
(pursuant to section 113 (6) (b) of the Civil Procedure Act 2005). Item [2] is a
consequential amendment.
Item [4] of the proposed amendments provides that the Registrar-General may
delegate to a member of staff of the Department of Lands the power of the
Registrar-General to settle any claim for payment of compensation from the Torrens
Assurance Fund under section 135 of the Act.
Item [5] of the proposed amendments makes it clear that a court may, in relation to
certain proceedings, order the Registrar-General to create a new edition of a computer
folio of the Register.
Item [6] of the proposed amendments provides that where a court in relation to certain
proceedings orders the Registrar-General to create a new folio of the Register, the
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Registrar-General may require a person to lodge with the Registrar-General a plan
(with copies) of the relevant land.
1.27 Registered Clubs Act 1976 No 31
Section 6A Delegations
Insert after section 6A (4):
(5) The Director-General of the Department of the Arts, Sport and
Recreation may delegate any of the Director-General's functions
under this Act in relation to key officials and former key officials
(including the granting of approvals and exemptions under
sections 59A and 59B):
(a) to the Commissioner, NSW Office of Liquor, Gaming and
Racing, Department of the Arts, Sport and Recreation, or
(b) if there is no such position in that Department--to a senior
executive officer (within the meaning of the Public Sector
Employment and Management Act 2002) employed in the
NSW Office of Liquor, Gaming and Racing, Department
of the Arts, Sport and Recreation.
Explanatory note
The proposed amendment enables the Director-General of the Department of the Arts,
Sport and Recreation to delegate his or her functions under the Registered Clubs Act
1976 in relation to key officials (or former key officials) of that Department to the
Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive
officer employed in that Office if the position of Commissioner does not exist.
1.28 Restricted Premises Act 1943 No 6
Section 17 Application to Land and Environment Court for premises not
to be used as a brothel
Omit section 17 (6). Insert instead:
(6) This section extends to premises within an area that is not a local
government area, and in that case a reference to a local council is
to be read:
(a) in relation to Lord Howe Island--as a reference to the Lord
Howe Island Board, and
(b) in relation to such part of the land in the Western Division
of the State as is not in a local government area--as a
reference to the Western Lands Commissioner, and
(c) in relation to any other area that is not a local government
area--as a reference to the prescribed authority for the
area.
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Explanatory note
At present, section 17 (6) of the Restricted Premises Act 1943 (the Act) provides that
section 17 "extends to premises within an area that is not a local government area and
in that case a reference to a local council is to be read as a reference to the prescribed
authority for the area".
Currently, there are only 2 such areas--Lord Howe Island and part of the Western
Division of the State. The Disorderly Houses Regulation 2001 (the Regulation), which
is made under the Act, prescribes the Lord Howe Island Board and the Western Lands
Commissioner, respectively, as the authorities for those areas.
As those authorities are unlikely to change, the proposed amendment transfers the
relevant provision of the Regulation into the Act. This permits the repeal of the
Regulation (which does nothing of substance other than prescribe those authorities)
and obviates the necessity of remaking it every 5 years in connection with the staged
repeal of statutory rules under section 10 of the Subordinate Legislation Act 1989. The
Regulation would otherwise be repealed by section 10 (2) of that Act on 1 September
2006.
1.29 Retail Leases Act 1994 No 46
[1] Section 4 Notes
Omit "Schedule 2". Insert instead "Schedules 2 and 2A".
[2] Section 63 Interpretation
Insert ", but does not include a dispute of the kind referred to in section 19 (1)
(b) or 31 (1) (b) as to the rent payable under a retail shop lease (where the rent
is to be current market rent for the shop)" after "security bond" in the
definition of retail tenancy dispute in section 63 (1).
[3] Schedule 2 Lessor and lessee disclosure statements
Omit "Waste disposal and removal maintenance" from the matter under the
heading "Waste management costs" in Part 1 of Schedule 2.
Insert instead "Waste disposal and removal".
Commencement
Item [1] of the amendments to the Retail Leases Act 1994 is taken to have commenced
on 1 January 2006 (the date of commencement of Schedule 1 [91] to the Retail Leases
Amendment Act 2005).
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes.
Sections 19 and 31 of the Retail Leases Act 1994 (the Act) make provision for the
determination of current market rent (which is relevant to retail shop leases that provide
for rent to be changed to current market rent) or that provide for an option for renewal
or extension at current market rent. Where parties cannot agree as to the rent payable,
those sections provide for the appointment, by the Administrative Decisions Tribunal,
of a specialist retail valuer to determine the rent.
Item [2] of the proposed amendments makes it clear that such a disagreement does
not constitute a retail tenancy dispute for the purposes of Part 8 of the Act.
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Consequently, it will not be necessary for the parties to attempt mediation before
applying to the Tribunal for the appointment of a specialist retail valuer.
Item [3] of the proposed amendments omits a redundant word.
1.30 Security Interests in Goods Act 2005 No 69
Section 24 Meaning of "registrable security instrument"
Omit "the parties to it" from section 24 (c). Insert instead "each grantor".
Explanatory note
At present, section 24 of the Security Interests in Goods Act 2005 provides that a
security instrument is a registrable security instrument for the purposes of that Act if,
among other things, the instrument has been duly executed by the parties to it. The
proposed amendment clarifies that the instrument need only be executed by each
grantor.
1.31 State Records Act 1998 No 17
Section 7 Meaning of public office "responsible" for a record
Insert after section 7 (4):
(4A) However, if the defunct office whose functions have not
devolved on another public office is a Royal Commission or
Special Commission of Inquiry, the public office entitled to
control of the record is The Cabinet Office.
Explanatory note
The State Records Act 1998 (the Act) sets out the general obligations of public offices
of the State with respect to the management and protection of their records (State
records). The obligations under the Act are imposed on the public offices "responsible"
for the records (which section 7 of the Act defines as the public offices that are entitled
to control of the records). Under section 10 of the Act, the chief executive of a public
office has a duty to ensure that the responsibilities of the public office under the Act are
complied with. Special provision is made in section 16 of the Act for the designation of
the Director-General of The Cabinet Office as the chief executive of Royal
Commissions and Special Commissions of Inquiry.
At present, under section 7 (4) of the Act, the Minister for the Arts has to designate the
public office that is entitled to control the State records of a public office that has ceased
to exist but whose functions have not devolved on another public office. The proposed
amendment provides that if a Royal Commission or Special Commission of Inquiry
ceases to exist and its functions have not devolved on another public office, The
Cabinet Office is the public office entitled to control of its State records for the purposes
of the Act.
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1.32 Subordinate Legislation Act 1989 No 146
Section 10 Staged repeal of statutory rules
Insert after section 10 (3):
(4) Despite the other provisions of this Part, the following
regulations remain in force until 1 September 2007, unless sooner
repealed:
(a) the Day Procedure Centres Regulation 1996,
(b) the Liquor Regulation 1996,
(c) the Private Hospitals Regulation 1996,
(d) the Registered Clubs Regulation 1996.
Explanatory note
Staged repeal of statutory rules
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of
statutory rules. The repeal takes effect on the fifth anniversary of the date on which the
statutory rule was published (in the case of a statutory rule published on 1 September
in any year) or on 1 September following the fifth anniversary of the date on which it
was published (in any other case)--see section 10 (2) of the Act. Unless it is intended
to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act
is usually remade in advance of the repeal date.
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of
the Governor, for a period of one year. However, the repeal of a particular statutory rule
cannot be postponed on more than 5 occasions.
The repeals of the 4 Regulations to which the proposed amendment relates (the
Regulations) have each been postponed on 5 occasions, and the Regulations are now
due to be repealed on 1 September 2006. However, proposed legislative reforms
involving the repeal and re-enactment of the Private Hospitals and Day Procedure
Centres Act 1988 and the Liquor Act 1982, and extensive amendments to the
Registered Clubs Act 1976, resulting from a National Competition Policy review of
those 3 Acts and the NSW Summit on Alcohol Abuse 2003 will have a substantial
impact on the matters dealt with by the Regulations. In view of this, there seems little
point in remaking them. On the other hand, it is desirable to keep the current regulatory
schemes of the Regulations in place until such time as replacement provisions come
into force under new or revised legislation.
Accordingly, the proposed amendment has the effect of keeping the Regulations in
force for a further period of one year after the date on which they would otherwise be
repealed by the Act. However, any of the Regulations may be sooner repealed by other
legislation.
1.33 Superannuation Act 1916 No 28
[1] Section 61RB Power of STC to adjust benefits to comply with certain
Commonwealth standards relating to superannuation
Omit "pension under section 29" from section 61RB (2) (a).
Insert instead "specified invalidity pension".
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[2] Section 61RB (10) (c)
Insert at the end of section 61RB (10) (b):
, and
(c) specified invalidity pension means a pension under section
29 other than a pension in respect of which the period for
payment has been determined, in accordance with section
29 (4A) (b) or (5), to be for the remainder of the relevant
person's life.
[3] Schedule 3, Part 1 and Schedule 26, Part 1
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority of NSW".
Explanatory note
Section 61RB of the Superannuation Act 1916 provides for contributors or former
contributors to elect to receive certain pensions in a form that complies with relevant
Commonwealth superannuation standards. Under the current section 61RB (2) (a),
pensions under section 29 of that Act are excluded from the pensions that may be the
subject of such an election.
Items [1] and [2] of the proposed amendments make certain pensions under section 29
eligible to be the subject of such an election, while other pensions under section 29
remain excluded. A pension is eligible to be the subject of such an election if the period
for payment has been determined, in accordance with section 29 (4A) (b) or (5), to be
for the remainder of the relevant person's life.
Item [3] of the proposed amendments updates references to a renamed body.
1.34 Surveying Act 2002 No 83
Section 10A
Insert after section 10:
10A Re-registration after removal for non-payment of registration
administration fee
(1) The Board must cause a registered surveyor's name to be
removed from the register of surveyors if the surveyor has failed
to pay the registration administration fee on or before 31 August
in any year.
(2) A person whose name has been removed from the register of
surveyors for failure to pay the registration administration fee is
entitled to re-registration if the person pays to the Board any
unpaid registration administration fee or fees together with the
fee for an application for restoration of registration.
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(3) The entitlement to re-registration is an entitlement to registration
on the same terms and subject to the same conditions (if any) as
applied to the person's registration immediately before the
removal of the person's name from the register of surveyors.
(4) A person registered pursuant to an entitlement to re-registration
under this section is taken to have been so registered on and from
the day the person's name was removed from the register of
surveyors or on and from such later day as the Board determines
and notifies to the person. However, nothing in this subsection
affects any proceedings for an offence instituted against the
person before the person was entitled to be re-registered.
(5) Nothing in this section requires the Board to re-register a person
if the Board is satisfied that the person would not be entitled to be
registered as a registered surveyor but for this section.
(6) An entitlement to re-registration under this section does not
override any other provision of this Act pursuant to which a
person's name is authorised or required to be removed from the
register of surveyors.
Explanatory note
It is a condition of registration as a registered surveyor under the Surveying Act 2002
that a registration administration fee be paid by on or before 31 August in each year.
The proposed amendment provides for the manner in which a person who has been
removed from the register of surveyors for failure to pay such a fee may be
re-registered.
1.35 Teaching Service Act 1980 No 23
Section 93 Attachment of salary or wages of officers and temporary
employees
Omit the section.
Explanatory note
The proposed amendment omits a provision from the Teaching Service Act 1980 that
deals with the enforcement of judgment debts against officers or temporary employees
of the Teaching Service by means of attachment of their salary or wages as such
matters are now dealt with under Part 8 of the Civil Procedure Act 2005 (Enforcement
of judgments and orders). The provision proposed to be repealed is similar to that in
the Attachment of Wages Limitation Act 1957 which was repealed by the Civil
Procedure Act 2005.
Page 30
Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
1.36 Terrorism (Police Powers) Act 2002 No 115
[1] Section 26ZO Monitoring by Ombudsman
Insert after section 26ZO (7):
(8) The report may be included with the report prepared by the
Ombudsman under section 27ZC so long as the requirements of
this section are complied with in relation to the report prepared
under this section.
[2] Section 27ZC Monitoring by Ombudsman
Omit "the Minister, the Commissioner of Police and the Crime
Commissioner" from section 27ZC (3).
Insert instead "the Attorney General and the Minister for Police".
[3] Section 27ZC (7)
Insert after section 27ZC (6):
(7) The report may be included with the report prepared by the
Ombudsman under section 26ZO so long as the requirements of
this section are complied with in relation to the report prepared
under this section.
Explanatory note
Section 26ZO of the Terrorism (Police Powers) Act 2002 (the Act) requires the
Ombudsman to prepare reports at certain times on the exercise of police powers under
Part 2A of the Act (Preventative detention orders). Section 27ZC of the Act requires the
Ombudsman to prepare similar reports at certain times on the exercise of police powers
under Part 3 of the Act (Covert search warrants). Reports under section 26ZO are to
be provided to the Attorney General and the Minister for Police. Reports under section
27ZC are to be provided to the Attorney General, the Commissioner of Police and the
Crime Commissioner.
Items [1] and [3] amend the Act to enable the reports under sections 26ZO and 27ZC
to be combined into one document.
Item [2] amends the Act so that a report under section 27ZC is to be provided to the
Attorney General and the Minister for Police rather than as is currently the case to the
Attorney General, the Commissioner of Police and the Crime Commissioner. The
amendment will facilitate the issuing of the report in a combined document. The
requirement that both reports under sections 26ZO and 27ZC are to be tabled before
Parliament still applies.
1.37 Threatened Species Conservation Act 1995 No 101
[1] Section 36A Minor amendments to Schedules
Omit "without following the procedure set out in Division 3 or 4, if, in the
opinion of the Scientific Committee, the amendment" from section 36A (1).
Page 31
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
Insert instead "or to omit the description of any species or population from, or
insert a description of any species or population into, Schedule 1, 1A, 2 or 3,
without following the procedure set out in Division 3 or 4, if, in the opinion of
the Scientific Committee, the amendment, omission or insertion".
[2] Section 36A (1) (a)
Insert "described in Schedule 1, 1A, 2 or 3, or a reclassification of any such
species into further species," after "species".
[3] Section 36C Revision of Schedule on publication of determination
Insert "or that a description of a species or population be omitted from or
inserted into Schedule 1, 1A, 2 or 3" after "be amended".
[4] Section 36C (a) and (b)
Omit the paragraphs. Insert instead:
(a) in the case of the amendment of a description--by
omitting the description from the Schedule concerned and
by inserting instead a description in the manner required
by the determination, and
(b) in the case of the omission or insertion of a description--
by omitting the description from, or inserting the
description into, the Schedule concerned.
Explanatory note
Section 36A of the Threatened Species Conservation Act 1995 (the Act) allows the
Scientific Committee constituted under that Act to make minor amendments to listings
set out in Schedule 1, 1A, 2 or 3 to the Act without going through the public participation
procedure set out in the Act, but only for the purposes of reflecting a change in the
name of a species as a result of taxonomic revision, correcting any minor error or
omission, or clarifying a description of an ecological community. Presently, the Act
allows only the description of species or populations listed in a Schedule to be
amended for those purposes. It does not allow species or populations to be added or
removed for those purposes.
Item [1] of the proposed amendments makes it clear that Schedule 1, 1A, 2 or 3 to the
Act may be amended under section 36A by omitting the description of any species or
population from, or by inserting a description of any species or population into, any of
those Schedules for the "taxonomic revision" or other purposes permitted by that
section. Items [3] and [4] are consequential amendments.
Item [2] of the proposed amendments refines the "taxonomic revision" purpose for
which amendments to Schedule 1, 1A, 2 or 3 may presently be made under section
36A by expressly allowing such amendments to be made if the Scientific Committee
determines they are necessary or desirable to reflect a reclassification of a species
described in Schedule 1, 1A, 2 or 3 into further species or subspecies as a result of
taxonomic revision (and not merely to reflect a change of name of a species).
Page 32
Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
1.38 Transport Administration Act 1988 No 109
[1] Section 35R Establishment of Public Transport Ticketing Corporation
Insert after section 35R (2) (as inserted by the Transport Administration
Amendment (Public Transport Ticketing Corporation) Act 2006):
(3) The Public Transport Ticketing Corporation cannot employ any
staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Public Transport Ticketing Corporation to exercise its
functions.
[2] Section 35T Functions of Public Transport Ticketing Corporation
Insert at the end of section 35T (2) (as inserted by the Transport
Administration Amendment (Public Transport Ticketing Corporation) Act
2006):
Note. References in this Act to the staff or employees of the Public
Transport Ticketing Corporation are required to be construed in
accordance with section 4K of the Public Sector Employment and
Management Act 2002.
[3] Section 35ZI Staff
Omit the section (as inserted by the Transport Administration Amendment
(Public Transport Ticketing Corporation) Act 2006).
[4] Sections 42A, definition of "transport authority", 42I (1), (2), (4) and (5)
(a) and 42J (d)
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority of NSW".
[5] Section 56 Application of Division
Insert ", the Public Transport Ticketing Corporation" after "an Authority".
[6] Schedule 5 Extended leave for certain staff
Insert "and the Public Transport Ticketing Corporation" after "Regulator" in
the definition of Authority in clause 2.
Page 33
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
[7] Schedule 11 Conversion of Public Transport Ticketing Corporation to a
SOC
Insert after item [1] (as inserted by the Transport Administration Amendment
(Public Transport Ticketing Corporation) Act 2006):
[1A] Section 56 Application of Division
Omit ", the Public Transport Ticketing Corporation".
[8] Schedule 11, item [2A]
Insert after item [2] (as inserted by the Transport Administration Amendment
(Public Transport Ticketing Corporation) Act 2006):
[2A] Schedule 5 Extended leave for certain staff
Omit "and the Public Transport Ticketing Corporation" from the
definition of Authority in clause 2.
[9] Schedule 11, item [3] (as inserted by the Transport Administration
Amendment (Public Transport Ticketing Corporation) Act 2006)
Omit the clause headed "Staff" from the provisions to be inserted in Schedule
7 (Savings, transitional and other provisions) to the Transport Administration
Act 1988.
Insert instead:
Staff
A person who, immediately before the commencement of this
clause, was employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in a Division of the
Government Service to enable the Public Transport Ticketing
Corporation to exercise its functions is, on that commencement,
taken to be employed by the Corporation under section 20M of
the State Owned Corporations Act 1989 on the same terms and
conditions as applied to the person before that commencement.
Page 34
Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
[10] Schedule 11, item [3] (as inserted by the Transport Administration
Amendment (Public Transport Ticketing Corporation) Act 2006)
Insert after the clause headed "Amendment of Public Finance and Audit Act
1983 No 152" to be inserted in Schedule 7 to the Transport Administration Act
1988:
Amendment of Public Sector Employment and Management Act
2002 No 43
The Public Sector Employment and Management Act 2002 is
amended by omitting from Part 2 of Schedule 1 the matter
relating to the Public Transport Ticketing Corporation Division.
Commencement
Items [1][3] and [5][10] of the amendments to the Transport Administration Act 1988
commence on the commencement of Schedule 1 [3] to the Transport Administration
Amendment (Public Transport Ticketing Corporation) Act 2006.
Explanatory note
Items [1][3] and [5][10] of the proposed amendments remove the employment
functions of the Public Transport Ticketing Corporation, expressly prevent the
Corporation from employing staff and make consequential amendments. The
amendments are consistent with the amendments made to various Acts by the Public
Sector Employment Legislation Amendment Act 2006. That Act, among other things,
removed the employment functions of certain statutory corporations that employed
their own staff (such as the RTA and the STA) and created the Government Service of
New South Wales to facilitate the employment of staff in the public sector.
Item [4] of the proposed amendments updates references to a renamed body.
1.39 University of Sydney Act 1989 No 124
Section 27 Establishment of academic colleges
Omit "Orange Agricultural College" from section 27 (1).
Explanatory note
The proposed amendment to the University of Sydney Act 1989 removes a reference
to the Orange Agricultural College as an academic college of the University of Sydney
as a consequence of the college having been transferred from the University of Sydney
to Charles Sturt University.
1.40 Water Management Act 2000 No 92
[1] Section 322 Regulations
Omit "reduction and deferral" from section 322 (1) (i).
Insert instead "reduction, deferral and refund".
Page 35
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 1 Minor amendments
[2] Schedule 5 Constitution and procedure of water supply authorities
Omit clause 22. Insert instead:
22 Members of the Cobar Water Board
(1) The Cobar Water Board is to consist of 7 part-time members
appointed by the Governor.
(2) Of the members:
(a) one is to be selected by the Minister and is, in and by the
instrument by which the person is appointed, to be
appointed as President of the Board, and
(b) one is to be nominated by:
(i) Goldcorp Asia Pacific Pty Ltd, or
(ii) if another mining company is prescribed by the
regulations for the purposes of this subparagraph,
that company, and
(c) one is to be nominated by:
(i) CBH Resources Limited, or
(ii) if another mining company is prescribed by the
regulations for the purposes of this subparagraph,
that company, and
(d) one is to be nominated by:
(i) Cobar Management Pty Ltd, or
(ii) if another mining company is prescribed by the
regulations for the purposes of this subparagraph,
that company, and
(e) 3 are to be nominated by the Cobar Shire Council.
(3) If a nomination under subclause (2) (b), (c), (d) or (e) is not made
within a time notified by the Minister, a person nominated by the
Minister is to be appointed.
(4) A person who, immediately before the substitution of this clause
by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act
2006, held office as a member of the Cobar Water Board ceases
to hold office on that substitution.
(5) A person who ceases to hold office because of subclause (4) is not
entitled to any remuneration or compensation because of so
ceasing to hold office.
Page 36
Statute Law (Miscellaneous Provisions) Bill 2006
Minor amendments Schedule 1
[3] Schedule 5, clause 23
Omit the clause.
Commencement
Items [2] and [3] of the amendments to the Water Management Act 2000 commence
on a day to be appointed by proclamation.
Explanatory note
Section 322 of the Water Management Act 2000 (the Act) enables the making of
regulations for or with respect to (among other matters) "the waiver, reduction and
deferral of fees, service charges and other charges" charged or levied under that Act
(section 322 (1) (i)).
Item [1] of the proposed amendments enables the making of regulations for or with
respect to the refund of those fees and charges.
Clause 22 of Schedule 5 to the Act provides for the constitution of the Cobar Water
Board. Currently, that Board comprises 5 part-time members appointed by the
Governor of whom:
(a) one is a member of the Public Service who is also appointed as President of the
Board, and
(b) 2 are selected by the Minister administering the relevant parts of that Act
(currently the Minister for Water Utilities) of whom one is from a panel
nominated by Peak Gold Mines Pty Limited (and such other mining companies
as the Minister determines) and one from a panel nominated by Pasminco
Australia Limited (and such other mining companies as the Minister
determines), and
(c) 2 are nominated by the Cobar Shire Council.
The 2 mining companies specified operated the 2 mines in the Cobar area at the time
the clause was enacted.
Item [2] of the proposed amendments restructures the Cobar Water Board as follows:
(a) to provide that the Board has 7 part-time members instead of 5 part-time
members,
(b) to provide that the person appointed as President of the Board by the Minister
for Water Utilities is not required to be a public servant,
(c) to take account of the fact that 3 mines now operate in the Cobar area,
(d) to update the references to the names of the mining companies operating those
mines and provide a mechanism to allow the relevant nominating mining
companies to be altered by regulation in the future,
(e) to provide that Cobar Shire Council may nominate 3 instead of 2 members,
(f) to deal with the transition from the old Board composition to the new
composition.
Clause 23 (Vacation of office by President) of Schedule 5 to the Act currently provides
that the President ceases to be a member of the Cobar Water Board if he or she ceases
to be a member of the Public Service. Item [3] of the proposed amendments repeals
that clause as a consequence of the amendment specified above removing the
requirement that the President of the Board be a public servant.
Page 37
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Albury Local Environmental Plan 2000
Clause 64A
Renumber clause 64A (as inserted by Albury Local Environmental Plan 2000
(Amendment No 7)) as clause 64B.
Explanatory note
The proposed amendment corrects duplicate clause numbering.
2.2 Children and Young Persons (Care and Protection) Act 1998
No 157
[1] Sections 45, note and 237 (1) and (2)
Omit "authorised justice" wherever occurring.
Insert instead "authorised officer".
[2] Section 260 (1)
Omit "the justice". Insert instead "the officer".
Explanatory note
The proposed amendments update references to an office.
2.3 Community Land Development Act 1989 No 201
[1] Section 3 (1), definition of "Residential Tribunal"
Omit the definition. Insert instead in alphabetical order:
Tribunal means the Consumer, Trader and Tenancy Tribunal
established by the Consumer, Trader and Tenancy Tribunal Act
2001.
[2] Sections 22 (3) (d), 40 (1) and (5), definition of "certified" and Schedules
7, clause 4 (b) and 10, clause 3 (b)
Omit "Residential Tribunal" wherever occurring.
Insert instead "Tribunal".
Explanatory note
The proposed amendments update references to a tribunal.
Page 38
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.4 Constitution Further Amendment (Referendum) Act 1930
No 2
Section 30
Omit "as on open court". Insert instead "as in open court".
Explanatory note
The proposed amendment corrects a typographical error.
2.5 Consumer Claims Regulation 1999
Clause 8
Omit "Property, Stock and Business Agents Act 1941".
Insert instead "Property, Stock and Business Agents Act 2002".
Explanatory note
The proposed amendment updates a cross-reference.
2.6 Consumer Credit Administration Act 1995 No 69
Section 9
Renumber section 9 (5) as section 9 (4).
Explanatory note
The proposed amendment corrects numbering.
2.7 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
[1] Section 36 (4)
Insert "has" after "party".
[2] Section 52 (2) (b)
Insert "or" at the end of the paragraph.
Explanatory note
Item [1] of the proposed amendments inserts a missing word.
Item [2] of the proposed amendments inserts a missing conjunction.
2.8 Consumer, Trader and Tenancy Tribunal Regulation 2002
Part 6, note
Renumber paragraph (b) where secondly occurring as paragraph (c).
Explanatory note
The proposed amendment corrects duplicate numbering in a note.
Page 39
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.9 Crimes Act 1900 No 40
Section 562H (16), definition of "authorised justice"
Omit paragraph (c). Insert instead:
(c) an employee of the Attorney General's Department
authorised by the Attorney General as an authorised officer
for the purposes of the Law Enforcement (Powers and
Responsibilities) Act 2002 either personally or as the
holder of a specified office.
Explanatory note
The proposed amendment updates the description of an office.
2.10 Crimes (Forensic Procedures) Act 2000 No 59
[1] Section 5
Omit "authorised justice" wherever occurring.
Insert instead "authorised officer".
[2] Section 36A (3) (c)
Omit "authorised justice's name".
Insert instead "authorised officer's name".
Explanatory note
The proposed amendments update references to an office.
2.11 Dungog Local Environmental Plan 2006
Schedule 3, Part 2
Omit "676896)]" from the matter relating to item 131 under the heading
"Street address".
Insert instead "676896]".
Explanatory note
The proposed amendment removes unnecessary punctuation.
2.12 Energy Savings Order 2005
[1] Schedule 1, Part A
Omit "Manildra Floor Mills". Insert instead "Manildra Flour Mills".
Page 40
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
[2] Schedule 1, Part A
Omit "Onesteel Rod, Bar & Wire".
Insert instead "OneSteel Rod, Bar & Wire".
[3] Schedule 1, Part B
Omit "Casino Abbotoir". Insert instead "Casino Abattoir".
Explanatory note
The proposed amendments correct typographical errors.
2.13 Environmentally Hazardous Chemicals Act 1985 No 14
[1] Section 46 (2) and (3)
Omit "authorised officer within the meaning of the Law Enforcement (Powers
and Responsibilities) Act 2002" wherever occurring.
Insert instead "issuing officer".
[2] Section 46 (5)
Insert after section 46 (4):
(5) In this section:
issuing officer means an authorised officer within the meaning of
the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
The proposed amendments clarify references to an office holder.
2.14 First State Superannuation Act 1992 No 100
Schedule 1
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.15 Fisheries Management Act 1994 No 38
Part 2, Division 4C, heading
Omit "Acquisition of fishing businesses".
Insert instead "Fishing businesses".
Explanatory note
The proposed amendment updates a heading.
Page 41
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.16 Fisheries Management (Aquatic Reserves) Regulation 2002
Clause 18 (a)
Omit "Resrve". Insert instead "Reserve".
Explanatory note
The proposed amendment corrects a typographical error.
2.17 Fitness Services (Pre-paid Fees) Act 2000 No 95
Section 12 (5), definition of "premises"
Omit "Search Warrants Act 1985".
Insert instead "Law Enforcement (Powers and Responsibilities) Act 2002".
Explanatory note
The proposed amendment updates a cross-reference.
2.18 Gosford City Centre Local Environmental Plan 2005
[1] Clause 24 (2) (d)
Omit "accessability". Insert instead "accessibility".
[2] Schedule 3
Omit "Waterways Authority" from Column 2 of the matter relating to
Navigational aids.
Insert instead "Maritime Authority of NSW".
[3] Dictionary, definitions of "mooring" and "navigation aid"
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority of NSW".
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Items [2] and [3] of the proposed amendments update references to a renamed body.
2.19 Government and Related Employees Appeal Tribunal Act
1980 No 39
Schedule 4
Omit "Waterways Authority".
Insert instead in alphabetical order "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
Page 42
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.20 Great Lakes Local Environmental Plan 1996
[1] Clause 8, Development Control Table
Omit "with" wherever occurring in item 1 (d) and (e) of the matter relating to
Zone No 7 (a1) (Environmental Protection Zone).
Insert instead "will".
[2] Clause 32, Table
Omit "satsified" from item 2 (6). Insert instead "satisfied".
Explanatory note
The proposed amendments correct typographical errors.
2.21 Health Records and Information Privacy Act 2002 No 71
Schedule 1, clause 11 (1) (k)
Omit "use". Insert instead "disclosure".
Explanatory note
The proposed amendment corrects a typographical error.
2.22 Home Building Act 1989 No 147
[1] Section 61A (1) (a)
Omit "in". Insert instead "on".
[2] Section 90 (1), definition of "insurance industry deed"
Omit "section 103A (7)". Insert instead "section 103A (5)".
[3] Section 103A (3)(5)
Renumber section 103A (5), (6) and (7) as section 103A (3), (4) and (5),
respectively.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments is consequential on the amendment proposed to
be made by item [3].
Item [3] of the proposed amendments renumbers provisions.
Page 43
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.23 Hurstville Local Environmental Plan 1994
Clause 11AA (5) (b) (iii)
Omit "the the". Insert instead "the".
Explanatory note
The proposed amendment omits a duplicated word.
2.24 Impounding Act 1993 No 31
Dictionary, definition of "area of operations"
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.25 Interpretation Act 1987 No 15
Section 35 (1) (a)
Insert "Chapters," before "Parts".
Explanatory note
The proposed amendment clarifies the status of Chapter headings.
2.26 Lake Macquarie Local Environmental Plan 2004
[1] Clause 15, Land use table
Omit "Waterways Authority" wherever occurring in item 2 of the matter under
the heading Zone 11 Lakes and Waterways Zone.
Insert instead "Maritime Authority of NSW".
[2] Dictionary, definition of "commercial mooring"
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendments update references to a renamed body.
Page 44
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.27 Land Tax Management Act 1956 No 26
Section 66
Omit the section.
Explanatory note
The proposed amendment omits a spent amendment.
2.28 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
[1] Schedule 4.11 [3]
Omit "(5)" wherever occurring. Insert instead "(7)".
[2] Schedule 4.46 [3]
Omit the item.
[3] Schedule 4.47 [2]
Omit "(3)". Insert instead "(4)".
Commencement
The amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 are
taken to have commenced on 1 December 2005.
Explanatory note
Items [1] and [3] of the proposed amendments correct incorporation directions.
Item [2] of the proposed amendments omits an unnecessary amendment.
2.29 Local Government Act 1993 No 30
Section 600 (9), definition of "public body"
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.30 Local Government (General) Regulation 2005
Clause 180, definition of "gift"
Omit "dispostion". Insert instead "disposition".
Explanatory note
The proposed amendment corrects a typographical error.
Page 45
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.31 Lord Howe Island Regional Environmental Plan 2005
Dictionary, definition of "allotment"
Omit "occupany" from paragraph (b) (iii). Insert instead "occupancy".
Explanatory note
The proposed amendment corrects a typographical error.
2.32 Maclean Local Environmental Plan 2001
Clause 7 (1), definition of "maintenance dredging"
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.33 Marine Safety Act 1998 No 121
[1] Section 4 (1), definition of "Waterways Authority"
Omit the definition. Insert instead in alphabetical order:
Maritime Authority means the Maritime Authority of NSW
constituted under Part 4 of the Ports Corporatisation and
Waterways Management Act 1995.
[2] Sections 85 (6) (b), 96 (1), 111 (2) (h), 127, note and 133 (2) (h) and (i)
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority".
Explanatory note
The proposed amendments update references to a renamed body.
2.34 Marine Safety Legislation (Lakes Hume and Mulwala) Act
2001 No 78
Section 11 (2)
Omit "Waterways Authority of New South Wales".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
Page 46
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.35 Marketing of Primary Products Act 1983 No 176
Section 156 (1)
Omit "constituted by a Magistrate sitting alone".
Explanatory note
The proposed amendment updates a reference to the constitution of a court.
2.36 Mudgee Local Environmental Plan 1998
Schedule 1
Omit "northest" from the matter relating to item 356.
Insert instead "northeast".
Explanatory note
The proposed amendment corrects a typographical error.
2.37 Murray Regional Environmental Plan No 2--Riverine Land
Dictionary, definition of "MSB"
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.38 National Parks and Wildlife Act 1974 No 80
[1] Section 164 (5)
Omit "to an authorised officer". Insert instead "to an issuing officer".
[2] Section 164 (6)
Omit "An authorised officer". Insert instead "An issuing officer".
[3] Section 164 (9), definition of "authorised officer"
Omit the definition. Insert instead:
issuing officer means an authorised officer within the meaning of
the Law Enforcement (Powers and Responsibilities) Act 2002.
Explanatory note
The proposed amendments clarify references to an office.
Page 47
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.39 Non-Indigenous Animals Regulation 1997
Schedule 1, Part 2 (Reptiles)
Omit the matter relating to "Chameleo calyptratus" from Columns 1, 2 and 3
under the heading "ORDER SQUAMATA" and the subheadings
"[SUB-ORDER LACERTILIA: lizards]" and "Family Chamaeleonidae".
Insert instead in appropriate order:
Chamaeleo calyptratus Veiled Chameleon 2
Explanatory note
The proposed amendment corrects a typographical error.
2.40 Police Integrity Commission Act 1996 No 28
[1] Section 18A (1)
Omit ", 64 (5) or 71 (3)". Insert instead "or 64 (5)".
[2] Section 57 (3)
Omit "sections 166 (Certain information to be confidential) and 169
(Ombudsman or officer as witness)".
Insert instead "sections 163 (Ombudsman not to publish certain information)
and 165 (Ombudsman and officers of Ombudsman not competent or
compellable witnesses in respect of certain matters)".
[3] Section 57 (4)
Omit "section 169". Insert instead "section 165".
[4] Section 62 (2)
Omit "section 172A". Insert instead "section 170".
[5] Section 71 (3)
Omit "Section 141 (6)". Insert instead "Section 140 (4)".
Explanatory note
Item [1] of the proposed amendments omits a redundant cross-reference.
Items [2][5] of the proposed amendments update cross-references.
Page 48
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.41 Public Finance and Audit Act 1983 No 152
Schedule 2
Omit "Waterways Authority".
Insert instead in alphabetical order "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.42 Residential Parks Act 1998 No 142
Section 136B (3)
Omit "or under the authority of a search warrant under this Division".
Explanatory note
The proposed amendment omits redundant words.
2.43 Residential Parks Regulation 1999
[1] Schedule 1, Part 1
Omit "ACKNOWLEDMENT".
Insert instead "ACKNOWLEDGMENT".
[2] Schedules 3 and 4A
Omit "or" from item 13.8A wherever lastly occurring.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments omits a redundant word.
2.44 Residential Tenancies Act 1987 No 26
Schedule 1
Omit the Schedule.
Explanatory note
The proposed amendment omits a redundant Schedule.
Page 49
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.45 Rivers and Foreshores Improvement Act 1948 No 20
Section 22A, definition of "Constructing Authority"
Omit "Waterways Authority" from paragraph (a).
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.46 Road and Rail Transport (Dangerous Goods) Act 1997
No 113
Sections 25 and 26
Omit "Search Warrants Act 1985" wherever occurring in the notes to the
sections.
Insert instead "Law Enforcement (Powers and Responsibilities) Act 2002".
Explanatory note
The proposed amendment updates a cross-reference.
2.47 Royal Commission (Police Service) Act 1994 No 60
[1] Section 23 (2)
Omit "authorised justice". Insert instead "authorised officer".
[2] Sections 31 (1) (a), 33 (1), 37A, 37B (3), 37D (2) (b) and (c), (4) and (5),
37F (2), 37G (4), 37H (2) and 37K (1) and (5)
Omit "Police Service Act 1990" wherever occurring.
Insert instead "Police Act 1990".
[3] Section 31 (3)
Omit "sections 166 (Certain information to be confidential) and 169
(Ombudsman or officer as witness) of the Police Service Act 1990".
Insert instead "sections 163 (Ombudsman not to publish certain information)
and 165 (Ombudsman and officers of Ombudsman not competent or
compellable witnesses in respect of certain matters) of the Police Act 1990".
[4] Section 31 (4)
Omit "section 169 of the Police Service Act 1990".
Insert instead "section 165 of the Police Act 1990".
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Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
[5] Section 33 (2)
Omit "section 172A (Certain documents privileged) of the Police Service Act
1990".
Insert instead "section 170 (Certain documents privileged) of the Police Act
1990".
[6] Section 37E (3)
Omit "Section 141 (6) of the Police Service Act 1990".
Insert instead "Section 140 (4) of the Police Act 1990".
Explanatory note
Item [1] of the proposed amendments clarifies a reference to an office.
Items [2][6] of the proposed amendments update cross-references.
2.48 Scone Local Environmental Plan 1986
Clause 8, Table
Omit "preceeding" from item 1 (e) of the matter relating to Zone No 1 (e).
Insert instead "preceding".
Explanatory note.
The proposed amendment corrects a typographical error.
2.49 Security Industry Act 1997 No 157
Section 29 (1) (a)
Omit "section 24 (3)". Insert instead "section 24 (3))".
Explanatory note
The proposed amendment corrects a typographical error.
2.50 Security Industry Amendment Act 2005 No 63
Schedule 1 [1]
Omit "section 4 (c)". Insert instead "section 4 (1) (c)".
Explanatory note
The proposed amendment corrects an incorporation direction.
Page 51
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.51 Shellharbour Local Environmental Plan 2000
Clause 37 (3)
Omit "NSW Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.52 State Authorities Non-contributory Superannuation Act
1987 No 212
Schedule 1, Part 1
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.53 State Authorities Superannuation Act 1987 No 211
Schedule 1, Part 1
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.54 State Emergency and Rescue Management Act 1989 No 165
Section 53 (3) (b)
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
Page 52
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.55 State Environmental Planning Policy No 64--Advertising
and Signage
Clause 12 (1) (b)
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.56 State Environmental Planning Policy (Major Projects) 2005
[1] Schedule 1
Omit:
Part 5 Residential, commercial or retail projects
Insert instead:
Group 5 Residential, commercial or retail projects
[2] Schedule 5
Omit the note at the end of the Schedule.
Explanatory note
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments removes a redundant note.
2.57 State Environmental Planning Policy (Sydney Metropolitan
Water Supply) 2004
Clause 3 (2)
Insert at the end of clause 3:
(2) Notes included in this Policy do not form part of this Policy.
Explanatory note
The proposed amendment clarifies the status of notes.
2.58 State Sports Centre Trust Act 1984 No 68
Schedule 3, clause 5 (3)
Omit "designated". Insert instead "appointed".
Explanatory note
The proposed amendment updates terminology.
Page 53
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.59 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 5 (1), definition of "Residential Tribunal"
Omit the definition. Insert instead in alphabetical order:
Tribunal means the Consumer, Trader and Tenancy Tribunal
established by the Consumer, Trader and Tenancy Tribunal Act
2001.
[2] Schedule 1C, clause 2 (1) (d) and (6)
Omit "Residential Tribunal" wherever occurring. Insert instead "Tribunal".
Explanatory note
The proposed amendments update references to a tribunal.
2.60 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 4 (1), definition of "Residential Tribunal"
Omit the definition. Insert instead in alphabetical order:
Tribunal means the Consumer, Trader and Tenancy Tribunal
established by the Consumer, Trader and Tenancy Tribunal Act
2001.
[2] Section 196 (1) (g) and Schedule 2A, clause 2 (1) (d) and (6)
Omit "Residential Tribunal" wherever occurring.
Insert instead "Tribunal".
Explanatory note
The proposed amendments update references to a tribunal.
2.61 Summary Offences Act 1988 No 25
[1] Section 27F (7)
Omit "authorised justice".
Insert instead "authorised officer (within the meaning of the Law Enforcement
(Powers and Responsibilities) Act 2002)".
[2] Part 5A, heading
Insert "Part 5A Hunting" before section 28J.
[3] Section 29A (1) and (3)
Omit "10C, 11C" wherever occurring. Insert instead "10C or 11C".
Explanatory note
Items [1] and [3] of the proposed amendments clarify cross-references.
Page 54
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
Item [2] of the proposed amendments inserts a Part heading that was inadvertently
omitted when section 28J was inserted into the Summary Offences Act 1988 by the
Pastoral and Agricultural Crimes Legislation Amendment Act 2002.
2.62 Sutherland Shire Local Environmental Plan 2000
Clause 70, Development control table
Omit "Waterways Authority" wherever occurring in item 2 of the matter
relating to Zone 7 (a).
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates references to a renamed body.
2.63 Sydney Harbour Foreshore Authority Act 1998 No 170
Section 18 (5), definition of "public authority"
Omit "Waterways Authority" from paragraph (b).
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.64 Sydney Local Environmental Plan 2005
[1] Clause 65 (2)
Omit "Table". Insert instead "formula".
[2] Clause 122
Omit "for no other purpose".
[3] Schedule 2
Insert above each diagram in the Sun access planes table, respectively, the
following headings:
Diagram A Belmore Park
Diagram B Hyde Park North
Diagram C Hyde Park West
Diagram D Macquarie Place
Diagram E Martin Place
Diagram F Pitt Street Mall
Diagram G The Domain
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Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
Diagram H Royal Botanic Gardens
Diagram I Wynyard Park
[4] Schedule 8, Part 1
Omit "5101*" from column 2 of the matter relating to item number 372.
Insert instead "5101".
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Items [2] and [4] of the proposed amendments correct typographical errors.
Item [3] of the proposed amendments inserts headings to diagrams.
2.65 Sydney Regional Environmental Plan No 26--City West
Clause 52
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.66 Sydney Regional Environmental Plan No 28--Parramatta
Clause 69 (6) (i)
Omit "Waterways Authority".
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
2.67 Sydney Regional Environmental Plan (Sydney Harbour
Catchment) 2005
Clauses 28 (3) (a), 36 (6) and 62 (4)
Omit "Waterways Authority" wherever occurring.
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates references to a renamed body.
Page 56
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.68 Trustee Companies Act 1964 No 6
[1] Sections 25 (b), 36 (2) and (3) and 36A (1) and Third Schedule, First Part
Omit "Perpetual Trustees Australia Limited" wherever occurring
Insert instead "Perpetual Limited".
[2] Section 36A (1)
Omit "Guardian Trust Australia Limited".
Insert instead "J.P. Morgan Trust Australia Limited".
[3] Second Schedule
Omit "Perpetual Trustees Australia Limited".
Insert instead "Perpetual Limited".
Explanatory note
The proposed amendments are consequential on the change of names of companies.
2.69 Trustee Companies Regulation 2005
[1] Clause 7 (2) (a)
Omit "Perpetual Trustees Australia Limited".
Insert instead "Perpetual Limited".
[2] Clause 7 (2) (e)
Omit "Guardian Trust Australia Limited".
Insert instead "J.P. Morgan Trust Australia Limited".
Explanatory note
The proposed amendments are consequential on the change of names of companies.
2.70 Warringah Local Environmental Plan 2000
Schedule 2
Omit "Waterways Authority" from column 2 of the matter relating to
MAINTENANCE DREDGING.
Insert instead "Maritime Authority of NSW".
Explanatory note
The proposed amendment updates a reference to a renamed body.
Page 57
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.71 Water Sharing Plan for the Apsley River Water Source 2003
Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendment corrects a typographical error.
2.72 Water Sharing Plan for the Commissioners Waters Water
Source 2003
[1] Clause 21, first note at end of clause
Omit "tem". Insert instead "term".
[2] Appendix 3
Omit "hange in low flows to moderate flows.".
Insert instead "Change in low flows to moderate flows.".
Explanatory note
The proposed amendments correct typographical errors.
2.73 Water Sharing Plan for the Coopers Creek Water Source
2003
[1] Schedule 5
Omit "Fart North Coast" from the matter relating to Target 14.
Insert instead "Far North Coast".
[2] Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendments correct typographical errors.
2.74 Water Sharing Plan for the Kangaroo River Water Source
2003
[1] Clause 8 (1)
Omit "hereafer". Insert instead "hereafter".
[2] Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendments correct typographical errors.
Page 58
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.75 Water Sharing Plan for the Karuah River Water Source 2003
[1] Schedule 1, definition of "flow classes"
Omit "classs" from paragraph (a). Insert instead "class".
[2] Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendments correct typographical errors.
2.76 Water Sharing Plan for the Kulnura Mangrove Mountain
Groundwater Sources 2003
Clause 22, note (before subclause (1))
Omit "flouride". Insert instead "fluoride".
Explanatory note
The proposed amendment corrects a typographical error.
2.77 Water Sharing Plan for the Lower Macquarie Groundwater
Sources 2003
Clause 49 (3)
Omit "Notwitstanding". Insert instead "Notwithstanding".
Explanatory note
The proposed amendment corrects a typographical error.
2.78 Water Sharing Plan for the Macquarie and Cudgegong
Regulated Rivers Water Source 2003
[1] Clause 15 (22) (b)
Omit "sublclauses". Insert instead "subclauses".
[2] Clause 20 (2) (c)
Omit "identitified". Insert instead "identified".
Explanatory note
The proposed amendments correct typographical errors.
Page 59
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.79 Water Sharing Plan for the Murrumbidgee Regulated River
Water Source 2003
Clause 57 (5)
Omit "likelyhood". Insert instead "likelihood".
Explanatory note
The proposed amendment corrects a typographical error.
2.80 Water Sharing Plan for the Ourimbah Creek Water Source
2003
[1] Clause 21 (2) (a) (iii)
Omit "6up". Insert instead "up".
[2] Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendments correct typographical errors.
2.81 Water Sharing Plan for the Phillips Creek, Mooki River,
Quirindi Creek and Warrah Creek Water Sources 2003
Schedule 4
Omit "percenttile" from column 3 of the matter relating to Target 4b.
Insert instead "percentile".
Explanatory note
The proposed amendment corrects a typographical error.
2.82 Water Sharing Plan for the Rocky Creek, Cobbadah, Upper
Horton and Lower Horton Water Source 2003
Schedule 4
Omit "MLday" from column 3 of the matter relating to Target 12.
Insert instead "ML/day".
Explanatory note
The proposed amendment corrects a typographical error.
Page 60
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments by way of statute law revision Schedule 2
2.83 Water Sharing Plan for the Stuarts Point Groundwater
Source 2003
Clause 52 (h) (ii)
Omit "aspecified". Insert instead "specified".
Explanatory note
The proposed amendment corrects a typographical error.
2.84 Water Sharing Plan for the Toorumbee Creek Water Source
2003
Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendment corrects a typographical error.
2.85 Water Sharing Plan for the Upper Billabong Water Source
2003
[1] Clause 49 (1) (c)
Omit "proveded". Insert instead "provided".
[2] Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendments correct typographical errors.
2.86 Water Sharing Plan for the Upper Brunswick River Water
Source 2003
Appendix 3
Omit "hange in low flows.". Insert instead "Change in low flows.".
Explanatory note
The proposed amendment corrects a typographical error.
2.87 Water Sharing Plan for the Wandella Creek Water Source
2003
Clause 17 (a) (ii)
Omit "loacted". Insert instead "located".
Explanatory note
The proposed amendment corrects a typographical error.
Page 61
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 2 Amendments by way of statute law revision
2.88 Water Sharing Plan for the Wybong Creek Water Source
2003
[1] Clause 8 (1)
Omit "hereafer". Insert instead "hereafter".
[2] Clause 22 (3) (a) (iii)
Omit "excercising". Insert instead "exercising".
[3] Clause 70 (o)
Omit "contaminatd". Insert instead "contaminated".
Explanatory note
The proposed amendments correct typographical errors.
Page 62
Statute Law (Miscellaneous Provisions) Bill 2006
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
Schedule 3 Amendments consequential on the
enactment of the Legal Profession Act
2004 No 112
(Section 3)
Explanatory note
The Legal Profession Act 2004 introduced new terms to distinguish between different
types of lawyers. In particular, the Act introduced the concept of an Australian lawyer
(a person who is admitted to the legal profession under the Act or a corresponding law)
and an Australian legal practitioner (an Australian lawyer who holds a current local
practising certificate or a current interstate practising certificate). The proposed
amendments in this Schedule replace references in various Acts to a legal practitioner,
solicitor, barrister, lawyer, counsel, attorney or proctor with the appropriate term for
these positions following the enactment of the Legal Profession Act 2004. The
proposed amendments also replace references to the Legal Profession Act 1987 (now
repealed) with references to the Legal Profession Act 2004. Currently, the meanings of
Australian legal practitioner and Australian lawyer are contained in the
Interpretation Act 1987 for ease of reference in other Acts.
3.1 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
[1] Section 36 Representation of parties
Omit "a legal practitioner" wherever occurring in section 36 (3)(5).
Insert instead "an Australian legal practitioner".
[2] Section 44 Protection of Australian legal practitioners, witnesses and
others
Omit "A practising legal practitioner" from section 44 (1).
Insert instead "An Australian legal practitioner".
[3] Section 44 (3)
Insert after section 44 (2):
(3) In this section, barrister has the same meaning as in the Legal
Profession Act 2004.
[4] Section 53 Costs
Omit "Division 6 of Part 11 of the Legal Profession Act 1987" from section 53
(3) (b).
Insert instead "Division 11 of Part 3.2 of the Legal Profession Act 2004".
Page 63
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Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.2 Dental Practice Act 2001 No 64
[1] Sections 62 (2), 65 (6) and 121 (1), clause 13 (1) of Schedule 1, clause 6
(1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 108 Membership of the Board
Omit "legal practitioner" from section 108 (2) (f).
Insert instead "Australian lawyer".
[3] Section 121 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 121 (1).
Insert instead "Australian lawyers".
[4] Section 133 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
3.3 Dental Technicians Registration Act 1975 No 40
[1] Section 6 Constitution of Dental Technicians Registration Board
Omit "a barrister-at-law admitted by, or a solicitor of, the Supreme Court,"
from section 6 (1) (g).
Insert instead "an Australian lawyer".
[2] Section 20 Inquiry by board or delegate
Omit "solicitor or counsel" from section 20 (3).
Insert instead "Australian legal practitioner".
Commencement
Item [1] of the amendments to the Dental Technicians Registration Act 1975 is taken
to have commenced on 1 October 2005 (the date of commencement of the Legal
Profession Act 2004).
3.4 District Court Act 1973 No 9
[1] Section 51 Consent jurisdiction
Omit "solicitor" from section 51 (7).
Insert instead "Australian legal practitioner".
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Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[2] Section 129 Agreement not to appeal
Omit "solicitors". Insert instead "Australian legal practitioner".
[3] Section 138 Rules
Omit "Part 11 of the Legal Profession Act 1987" from section 138 (2).
Insert instead "Part 3.2 of the Legal Profession Act 2004".
[4] Section 142 Rules
Omit "Part 11 of the Legal Profession Act 1987" from section 142 (2).
Insert instead "Part 3.2 of the Legal Profession Act 2004".
[5] Section 142F Rules in relation to hearing etc of proceedings in the Court
in its special civil jurisdiction
Omit "Part 11 of the Legal Profession Act 1987" from section 142F (2).
Insert instead "Part 3.2 of the Legal Profession Act 2004".
[6] Section 196 Privilege
Omit "barrister, solicitor" wherever occurring.
Insert instead "Australian legal practitioner".
3.5 Dust Diseases Tribunal Act 1989 No 63
[1] Section 19 Right of appearance and representation before the Tribunal
Omit "a barrister or solicitor" wherever occurring.
Insert instead "an Australian legal practitioner".
[2] Section 25A Material already obtained
Omit "solicitors" from section 25A (1) (b) (i).
Insert instead "Australian legal practitioner".
3.6 Local Courts Act 1982 No 164
[1] Section 4 Definitions
Omit "a barrister or solicitor" wherever occurring in the definitions of
applicant and respondent in section 4 (1).
Insert instead "an Australian legal practitioner".
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Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
[2] Section 23 Employment of Magistrates in other offices etc
Omit "a barrister or solicitor" from section 23 (3).
Insert instead "an Australian legal practitioner".
[3] Section 50 Right of representation
Omit "a barrister or solicitor" from section 50 (1).
Insert instead "an Australian legal practitioner".
[4] Section 51 Conduct of case
Omit "barrister or solicitor" wherever occurring.
Insert instead "Australian legal practitioner".
[5] Section 58 Arrest of respondent during proceedings
Omit "a barrister or solicitor" from section 58 (1).
Insert instead "an Australian legal practitioner".
[6] Section 62 Costs
Omit "Division 6 of Part 11 of the Legal Profession Act 1987" from section 62
(2).
Insert instead "Division 11 of Part 3.2 of the Legal Profession Act 2004".
[7] Section 63 Rules
Omit "Part 11 of the Legal Profession Act 1987" from section 63 (3).
Insert instead "Part 3.2 of the Legal Profession Act 2004".
3.7 Nurses and Midwives Act 1991 No 9
[1] Sections 9 (2) (j) and 60 (1A) (b) and clause 5 (1) of Schedule 1B
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 53 and clause 9 (2) of Schedule 2
Omit "a barrister or solicitor" wherever occurring.
Insert instead "an Australian lawyer".
[3] Section 53 (1)
Omit "the barrister or solicitor". Insert instead "the Australian lawyer".
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Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[4] Section 62 Representation before the Tribunal
Omit "a barrister or solicitor" wherever occurring.
Insert instead "an Australian legal practitioner".
Commencement
Items [2] and [3] of the amendments to the Nurses and Midwives Act 1991 are taken to
have commenced on 1 October 2005 (the date of commencement of the Legal
Profession Act 2004).
3.8 Optometrists Act 2002 No 30
[1] Sections 48 (2), 51 (6) and 104 (1), clause 13 (1) of Schedule 1, clause 5
(1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 91 Membership of the Board
Omit "legal practitioner" from section 91 (2) (f).
Insert instead "Australian lawyer".
[3] Section 104 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 104 (1).
Insert instead "Australian lawyers".
[4] Section 116 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
3.9 Osteopaths Act 2001 No 16
[1] Sections 44 (2), 47 (6) and 100 (1), clause 13 (1) of Schedule 1 and clause
9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 87 Membership of the Board
Omit "legal practitioner" from section 87 (2) (f).
Insert instead "Australian lawyer".
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Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
[3] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 100 (1).
Insert instead "Australian lawyers".
[4] Section 112 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
3.10 Pharmacy Act 1964 No 48
Sections 6 (2) (b) (ii), 19C (3) (a) and 19H (1) and (2), clause 5 (2) (a) of
Schedule 1 and clause 9 (b) of Schedule 2
Omit "a barrister or solicitor" wherever occurring.
Insert instead "an Australian lawyer".
Commencement
The amendment to the Pharmacy Act 1964 is taken to have commenced on 1 October
2005 (the date of commencement of the Legal Profession Act 2004).
3.11 Physiotherapists Act 2001 No 67
[1] Sections 45 (2), 48 (6) and 101 (1), clause 13 (1) of Schedule 1, clause 7
(1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 88 Membership of the Board
Omit "legal practitioner" from section 88 (2) (f).
Insert instead "Australian lawyer".
[3] Section 101 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 101 (1).
Insert instead "Australian lawyers".
[4] Section 113 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
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Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
3.12 Podiatrists Act 2003 No 69
[1] Sections 44 (2), 47 (6) and 100 (1), clause 13 (1) of Schedule 1, clause 5
(1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 87 Membership of the Board
Omit "legal practitioner" from section 87 (2) (f).
Insert instead "Australian lawyer".
[3] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 100 (1).
Insert instead "Australian lawyers".
[4] Section 112 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
3.13 Psychologists Act 2001 No 69
[1] Sections 44 (2), 47 (6), 87 (2) (f) and 100 (1), clause 13 (1) of Schedule 1,
clause 5 (1) (k) of Schedule 2 and clause 9 (2) of Schedule 5
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
[2] Section 100 Chairperson and Deputy Chairpersons of the Tribunal
Omit "legal practitioners" from section 100 (1).
Insert instead "Australian lawyers".
[3] Section 112 Representation before the Tribunal
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
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Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.14 Sydney Harbour Foreshore Authority Act 1998 No 170
Section 38 Misuse of information
Omit "solicitor" from section 38 (6) (e).
Insert instead "Australian legal practitioner".
3.15 Sydney Olympic Park Authority Act 2001 No 57
Section 71 Misuse of information
Omit "solicitor" from section 71 (6) (d).
Insert instead "Australian legal practitioner".
3.16 Taxation Administration Act 1996 No 97
Section 82 Permitted disclosures--to particular persons
Omit "or a trust account inspector, or investigator, appointed under section 55
of the Legal Profession Act 1987" from section 82 (k) (viii).
Insert instead ", an investigator appointed under section 267 of the Legal
Profession Act 2004 or an external examiner appointed under Division 4 of
Part 3.1 of that Act".
3.17 Tow Truck Industry Act 1998 No 111
Section 80 Inquiries by TTA
Omit "a lawyer" from section 80 (4) (b).
Insert instead "an Australian legal practitioner".
3.18 Transport Appeal Boards Act 1980 No 104
Section 11D Provisions relating to formal sittings
Omit "a legal practitioner" wherever occurring in section 11D (4).
Insert instead "an Australian lawyer".
3.19 Trustee Act 1925 No 14
[1] Section 53 Employment of agents
Omit "a solicitor" from section 53 (1).
Insert instead "an Australian legal practitioner,".
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Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
[2] Section 53 (4)
Omit "solicitor". Insert instead "Australian legal practitioner".
[3] Sections 63 (3) and 88
Omit "counsel or solicitor" wherever occurring.
Insert instead "Australian legal practitioner".
3.20 Valuation of Land Act 1916 No 2
[1] Section 78 Certificate in lieu of valuation of land
Omit "solicitor". Insert instead "Australian legal practitioner".
[2] Section 79 Right to appear
Omit "counsel, or solicitor,". Insert instead "Australian legal practitioner".
[3] Section 79
Omit "counsel, solicitor,". Insert instead "Australian legal practitioner".
3.21 Victims Support and Rehabilitation Act 1996 No 115
Section 35 (4) and clause 12 (3) of Schedule 2
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
3.22 Wills, Probate and Administration Act 1898 No 13
[1] Section 86 Executors etc may be allowed commission
Omit "solicitor's" from section 86 (3).
Insert instead "Australian legal practitioner's".
[2] Section 106 Registrar not bound to grant probate in certain cases
Omit "attorney, solicitor, or proctor".
Insert instead "attorney or Australian legal practitioner".
[3] Section 151 Oaths
Omit "solicitors of the Court".
Insert instead "Australian legal practitioners".
Page 71
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.23 Witness Protection Act 1995 No 87
Section 31E Court may grant leave to disclose relevant information
Omit "a legal practitioner" from section 31E (2) (d).
Insert instead "an Australian legal practitioner".
3.24 Workplace Injury Management and Workers Compensation
Act 1998 No 86
Section 369 Qualifications for appointment
Omit "a legal practitioner" wherever occurring in section 369 (2) (b), (3) (a)
and (4).
Insert instead "an Australian lawyer".
3.25 Workplace Surveillance Act 2005 No 47
Section 29 Duration and conditions of covert surveillance authority
Omit "his or her lawyers" wherever occurring in section 29 (2) (d).
Insert instead "his or her Australian legal practitioner".
3.26 Young Offenders Act 1997 No 54
Sections 10 (d), 22 (2) (d), 39 (2) (d), 47 (1) (f) and 50
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
Page 72
Statute Law (Miscellaneous Provisions) Bill 2006
Repeals Schedule 4
Schedule 4 Repeals
(Section 4)
Name of Act Extent of repeal
Brigalow and Nandewar Community Conservation Area Act 2005 Section 39 and
No 56 Schedule 122
Building Legislation Amendment (Smoke Alarms) Act 2005 No 57 Whole Act1
Cancer Institute (NSW) Act 2003 No 14 Section 28 and
Schedule 32
Child Protection (Offenders Prohibition Orders) Act 2004 No 46 Section 22 and
Schedule 12
Children and Young Persons (Care and Protection) Amendment Act Section 4, Schedule
2005 No 93 1 [2], [3] and
[9][19] and
Schedule 22
Children and Young Persons Legislation (Repeal and Amendment) Section 4, Schedule
Act 1998 No 158 1 and Schedule
2.12.5, 2.6 [2][5],
2.7, 2.8, 2.11, 2.12,
2.15, 2.16, 2.18,
2.20, 2.21, 2.23, 2.25
and 2.272
Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 Whole Act1
No 76
Classification (Publications, Films and Computer Games) Section 4,
Enforcement Amendment (Uniform Classification) Act 2004 No 82 Schedule 1 [1][26]
and [29][34] and
Schedule 22
Commercial Agents and Private Inquiry Agents Act 2004 No 70 Section 41 and
Schedule 32
Companion Animals Amendment Act 2005 No 101 Whole Act1
Page 73
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 4 Repeals
Name of Act Extent of repeal
Confiscation of Proceeds of Crime Amendment Act 2005 No 73 Sections 46,
Schedule 1 [5], [7],
[9][15], [17][19],
[24], [31][33], [35],
[36], [73][76],
[79][83], [85][96],
[104] and
[106][108] and
Schedules 242
Consumer Credit (New South Wales) Amendment (Maximum Annual Whole Act1
Percentage Rate) Act 2005 No 86
Crimes (Administration of Sentences) Amendment (Parole) Act 2004 Schedule 1 [1][7],
No 94 [10][16] and
[19][75] and
Schedule 2.1, 2.2
and 2.42.72
Crimes Amendment (Animal Cruelty) Act 2005 No 94 Whole Act1
Crimes Amendment (Road Accidents) (Brendan's Law) Act 2005 Whole Act1
No 74
Crimes and Courts Legislation Amendment Act 2005 No 103 Schedules 1, 2 and
472
Crimes Legislation Amendment Act 2002 No 130 Whole Act1
Crimes Legislation Further Amendment Act 2003 No 85 Whole Act1
Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 Whole Act1
No 7
Criminal Procedure Amendment (Prosecutions) Act 2005 No 75 Whole Act1
Criminal Procedure Amendment (Sexual Offence Case Management) Whole Act1
Act 2005 No 102
Criminal Procedure Further Amendment (Evidence) Act 2005 No 25 Whole Act1
Defamation Act 2005 No 77 Section 48 and
Schedules 5 and 62
Dried Fruits (Repeal) Act 1997 No 124 Part 5, section 21
and Schedules 1 and
22
Electricity Supply Act 1995 No 94 Section 108 and
Schedule 52
Page 74
Statute Law (Miscellaneous Provisions) Bill 2006
Repeals Schedule 4
Name of Act Extent of repeal
Energy Administration Amendment (Water and Energy Savings) Act Whole Act1
2005 No 18
Environmental Planning and Assessment Amendment (Infrastructure Whole Act1
and Other Planning Reform) Act 2005 No 43
Farm Debt Mediation Amendment (Water Access Licences) Act 2005 Whole Act1
No 95
First State Superannuation Legislation Amendment (Conversion) Act Sections 3 and 6 and
2005 No 91 Schedules 1, 2 and
42
Fiscal Responsibility Act 2005 No 41 Section 24 and
Schedule 12
Gaming Machines Amendment Act 2005 No 78 Whole Act1
Gene Technology (GM Crop Moratorium) Act 2003 No 12 Section 41 and
Schedule 22
Gene Technology (GM Crop Moratorium) Amendment Whole Act1
(Postponement of Expiry) Act 2005 No 81
Health Legislation Amendment Act 2005 No 82 Whole Act1
Home Building Amendment Act 2004 No 101 Section 4 and
Schedules 14, 5 [1],
[2] and [4], 68,
9.19.3 and 9.59.92
Human Tissue and Anatomy Legislation Amendment Act 2003 No 18 Whole Act1
Industrial Relations Amendment Act 2005 No 104 Whole Act1
Institute of Teachers Act 2004 No 65 Section 54 and
Schedule 42
James Hardie Former Subsidiaries (Special Provisions) Act 2005 Section 44 and
No 45 Schedule 22
Law Enforcement Legislation Amendment (Public Safety) Act 2005 Whole Act1
No 119
Legal Profession Act 2004 No 112 Sections 735 and
736 and Schedules 1
and 62
Licensing and Registration (Uniform Procedures) Amendment Section 4, Schedule
(Photo ID) Act 2004 No 105 1 [1][4] and [6] and
Schedule 22
Page 75
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 4 Repeals
Name of Act Extent of repeal
Local Government Amendment Act 2005 No 59 Whole Act1
Luna Park Site Amendment (Noise Control) Act 2005 No 72 Whole Act1
Mental Health (Criminal Procedure) Amendment Act 2005 No 109 Whole Act1
Mines Inspection Amendment Act 1998 No 69 Sections 4 and 5,
Schedule 1 [1][19]
and [21][87] and
Schedules 2 and 32
Mining Amendment (Miscellaneous Provisions) Act 2004 No 75 Schedule 1 [2][5],
[16], [18], [19],
[21][25], [28], [29],
[31][33], [35], [36],
[42] and [43] 2
National Competition Policy Health and Other Amendments Whole Act1
(Commonwealth Financial Penalties) Act 2004 No 52
National Competition Policy Liquor Amendments (Commonwealth Whole Act1
Financial Penalties) Act 2004 No 53
Native Vegetation Act 2003 No 103 Section 53 and
Schedule 22
Noxious Weeds Amendment Act 2005 No 29 Whole Act1
NSW Self Insurance Corporation Act 2004 No 106 Section 17 and
Schedule 22
Nurses Amendment Act 2003 No 45 Whole Act1
Pacific Power (Dissolution) Act 2003 No 17 Section 19 and
Schedule 32
Parliamentary Superannuation Legislation Amendment Act 2005 Whole Act1
No 110
Plantations and Reafforestation Act 1999 No 97 Section 72 and
Schedule 22
Podiatrists Act 2003 No 69 Section 133 and
Schedule 62
Police Amendment (Death and Disability) Act 2005 No 112 Whole Act1
Police Integrity Commission Amendment Act 2005 No 5 Section 3,
Schedule 1 and
Schedule 2.1 and 2.2
[2]2
Page 76
Statute Law (Miscellaneous Provisions) Bill 2006
Repeals Schedule 4
Name of Act Extent of repeal
Poultry Meat Industry Amendment (Prevention of National Schedule 1 [1][9]
Competition Policy Penalties) Act 2005 No 48 and [11][29]2
Prevention of Cruelty to Animals Amendment Act 2005 No 50 Section 3, Schedule
1 and Schedule 2.1
and 2.22
Property Legislation Amendment Act 2005 No 68 Sections 47,
Schedule 1 [1][6]
and [12][14] and
Schedules 252
Public Sector Employment and Management Amendment (Extended Whole Act1
Leave) Act 2005 No 85
RedfernWaterloo Authority Act 2004 No 107 Section 50 and
Schedule 32
Regulatory Reduction Act 1996 No 107 Whole Act1
Residential Tenancies Amendment (Public Housing) Act 2004 No 66 Schedule 1 [1],
[3][5] and [9]2
Residential Tenancies Amendment (Social Housing) Act 2005 No 79 Whole Act1
Retail Leases Amendment Act 2005 No 90 Whole Act1
Road Transport (General) Act 2005 No 11 Section 247 and
Schedule 32
Road Transport Legislation (Speed Limiters) Amendment Act 2005 Whole Act1
No 36
Security Interests in Goods Act 2005 No 69 Section 38 and
Schedule 52
Shops and Industries Amendment (Special Shop Closures) Act 2005 Whole Act1
No 92
Sporting Venues (Offenders Banning Orders) Act 2005 No 67 Section 11 and
Schedule 22
Standard Time Amendment (Daylight Saving) Act 2005 No 71 Whole Act1
State Emergency and Rescue Management Amendment Act 2005 Whole Act1
No 80
State Emergency Service Amendment Act 2005 No 88 Whole Act1
Page 77
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 4 Repeals
Name of Act Extent of repeal
State Revenue Legislation Further Amendment Act 2005 No 111 Schedules 14,
Schedule 5 [3] and
[5] and Schedules
682
State Water Corporation Act 2004 No 40 Section 38 and
Schedule 32
Statute Law (Miscellaneous Provisions) Act 2000 No 53 Whole Act1
Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93 Whole Act1
Statute Law (Miscellaneous Provisions) Act 2001 No 56 Whole Act1
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112 Whole Act1
Statute Law (Miscellaneous Provisions) Act 2002 No 53 Whole Act1
Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112 Whole Act1
Statute Law (Miscellaneous Provisions) Act 2003 No 40 Whole Act1
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82 Whole Act1
Statute Law (Miscellaneous Provisions) Act 2004 No 55 Whole Act1
Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91 Schedule 1,
Schedule 2.12.18
and 2.202.127 and
Schedule 32
Stock Medicines Amendment Act 2004 No 89 Schedule 1 [1][20]
and [22][43] and
Schedule 2.1 and
2.32
Superannuation Legislation Amendment Act 2005 No 52 Whole Act1
Sydney Olympic Park Authority Act 2001 No 57 Sections 86 (1) and
87, Part 1 of
Schedule 6 and
Schedule 72
Technical and Further Education Commission Amendment (Staff) Act Whole Act1
2005 No 99
Terrorism Legislation Amendment (Warrants) Act 2005 No 54 Sections 35 and
Schedules 142
Terrorism (Police Powers) Amendment (Preventative Detention) Act Whole Act1
2005 No 114
Page 78
Statute Law (Miscellaneous Provisions) Bill 2006
Repeals Schedule 4
Name of Act Extent of repeal
Threatened Species Conservation Amendment Act 2002 No 78 Whole Act1
Threatened Species Legislation Amendment Act 2004 No 88 Schedule 1,
Schedule 2 [1], [15],
[16], [18], [27][31],
[33][40], [42], [43],
[45], [46] and [50]
and Schedule 32
Transport Legislation Amendment (Waterfall Rail Inquiry Schedule 1,
Recommendations) Act 2005 No 55 Schedule 2 [1][31],
[33][57] and
[59][61] and
Schedules 3 and 42
Valuers Act 2003 No 4 Section 46 and
Schedule 12
Water Management Amendment Act 2005 No 118 Whole Act1
Workers Compensation Amendment (Insurance Reform) Act 2003 Schedule 1,
No 81 Schedule 2 [1], [2]
and [28][73] and
Schedule 3.13.3
and 3.4 [2], [3] and
[6][15]2
Workers Compensation Legislation Amendment Act 2003 No 29 Whole Act1
Workers Compensation Legislation Amendment (Miscellaneous Section 6, Schedules
Provisions) Act 2005 No 113 2.1, 2.2 [1][6], 3.2
[1] and 42
Key
1 indicates repeal of a whole Act that contains only amendments, or amendments and
repeals, that have commenced and provisions that are redundant
2 indicates repeal of those provisions of an Act that contain only amendments, or
amendments and repeals, that have commenced or are redundant
Page 79
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 4 Repeals
Explanatory note
The repeals are explained in detail in the Explanatory note relating to this Act. In
relation to the repeal of amending Acts, it should be noted that the Acts are repealed
simply to rationalise the legislation in force and that the repeals have no substantive
effect on the amendments made by the Acts or any associated provisions. The Acts
that were amended by the Acts being repealed are up-to-date on the Legislation
Database maintained by the Parliamentary Counsel's Office and are available
electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or
repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that
the following matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act,
(c) any amendment or validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
Page 80
Statute Law (Miscellaneous Provisions) Bill 2006
General savings, transitional and other provisions Schedule 5
Schedule 5 General savings, transitional and other
provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision
contained in an Act is, if the amending provision has commenced before
the date of assent to this Act, taken to have effect as from the
commencement of the amending provision.
(2) In this clause:
amending provision means a provision of an Act that makes a direct
amendment to an Act by:
(a) the repeal or omission of matter contained in the amended Act
without the insertion of any matter instead of the repealed or
omitted matter, or
(b) the omission of matter contained in the amended Act and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act of matter, not being matter
inserted instead of matter omitted from the Act,
whether the provision was enacted before or after the commencement
of the Reprints Act 1972.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors
in technical provisions (for example, headings indicating the section to be amended or
directions as to where a new section is to be inserted) and rectifying minor drafting
errors (for example, corrections in numbering of provisions, correction or insertion of
cross-references, omission of unnecessary matter or insertion of omitted matter), will
be taken to have commenced on the date the amendments to which they relate
commenced.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act or an instrument, or
(b) repeals and re-enacts (with or without modification) a provision
of an Act or an instrument,
any act done or decision made under the provision amended or repealed
has effect after the amendment or repeal as if it had been done or made
under the provision as so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless
expressly provided, vitiate any act done or decision made under the provision as in
force before the amendment or repeal.
Page 81
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 5 General savings, transitional and other provisions
3 Application of Interpretation Act 1987 to amendments to statutory rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
any amendments to statutory rules made by this Act.
Explanatory note
This clause makes it clear that certain provisions concerning the making, tabling and
disallowance of statutory rules do not apply to amendments to statutory rules made by
the proposed Act.
4 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation made
under an Act amended by this Act, that is in force immediately before
the commencement of the amendment, is taken to have been made
under the Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any regulation made under an Act
amended by the proposed Act, and in force immediately before the commencement of
the amendment, will be taken to have been made under the amended Act.
5 Effect of amendment on environmental planning instruments
The amendment of an environmental planning instrument by this Act
does not prevent its later amendment or repeal by another
environmental planning instrument.
Explanatory note
This clause ensures that the amendment of a local environmental plan or other
environmental planning instrument does not prevent its amendment or repeal by an
environmental planning instrument.
6 Effect of amendment on water sharing plan
The amendment by this Act of a water sharing plan made under
section 50 of the Water Management Act 2000 does not prevent its later
amendment or repeal by another such water sharing plan or other
instrument.
Explanatory note
This clause ensures that the amendment of a water sharing plan does not prevent its
amendment or repeal by another water sharing plan or other instrument.
7 Effect of amendment on order
The amendment by this Act of an order made under the Energy and
Utilities Administration Act 1987 does not prevent its later amendment
or repeal by another such order or other instrument.
Explanatory note
This clause ensures that the amendment of the Energy Savings Order 2005 by
Schedule 2 does not prevent its amendment or repeal by another order or other
instrument.
Page 82
Statute Law (Miscellaneous Provisions) Bill 2006
General savings, transitional and other provisions Schedule 5
8 Regulations
(1) The Governor may make regulations containing provisions of a savings
or transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having
a short term effect and relating to incidental matters arising out of the proposed Act with
regard to which no specific, or sufficient, provision has been made in the Act.
Page 83
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 5 Notes
Notes
Index of Acts and instruments amended by Schedules 13
Agricultural Scientific Collections Trust Act 1983 No 148--Schedule 1
Albury Local Environmental Plan 2000--Schedule 2
Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192--
Schedule 1
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2
Coal Mine Health and Safety Act 2002 No 129--Schedule 1
Commercial Agents and Private Inquiry Agents Act 2004 No 70--Schedule 1
Community Land Development Act 1989 No 201--Schedule 2
Companion Animals Act 1998 No 87--Schedule 1
Constitution Further Amendment (Referendum) Act 1930 No 2--Schedule 2
Consumer Claims Regulation 1999--Schedule 2
Consumer Credit Administration Act 1995 No 69--Schedule 2
Consumer, Trader and Tenancy Tribunal Act 2001 No 82--Schedules 2 and 3
Consumer, Trader and Tenancy Tribunal Regulation 2002--Schedule 2
Conveyancing Act 1919 No 6--Schedule 1
Co-operatives Act 1992 No 18--Schedule 1
Crimes Act 1900 No 40--Schedule 2
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 1
Crimes (Forensic Procedures) Act 2000 No 59--Schedule 2
Crown Lands Act 1989 No 6--Schedule 1
Dental Practice Act 2001 No 64--Schedule 3
Dental Technicians Registration Act 1975 No 40--Schedule 3
District Court Act 1973 No 9--Schedule 3
Dungog Local Environmental Plan 2006--Schedule 2
Dust Diseases Tribunal Act 1989 No 63--Schedule 3
Energy Savings Order 2005--Schedule 2
Environmental Planning and Assessment Act 1979 No 203--Schedule 1
Environmentally Hazardous Chemicals Act 1985 No 14--Schedule 2
First State Superannuation Act 1992 No 100--Schedule 2
Fisheries Management Act 1994 No 38--Schedule 2
Fisheries Management (Aquatic Reserves) Regulation 2002--Schedule 2
Fitness Services (Pre-paid Fees) Act 2000 No 95--Schedule 2
Game and Feral Animal Control Act 2002 No 64--Schedule 1
Garvan Institute of Medical Research Act 1984 No 106--Schedule 1
Page 84
Statute Law (Miscellaneous Provisions) Bill 2006
Notes Schedule 5
Gene Technology (GM Crop Moratorium) Act 2003 No 12--Schedule 1
Gosford City Centre Local Environmental Plan 2005--Schedule 2
Government and Related Employees Appeal Tribunal Act 1980 No 39--Schedule 2
Great Lakes Local Environmental Plan 1996--Schedule 2
Health Records and Information Privacy Act 2002 No 71--Schedule 2
Higher Education (Amalgamation) Act 1989 No 65--Schedule 1
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88--Schedule 1
Home Building Act 1989 No 147--Schedule 2
Hurstville Local Environmental Plan 1994--Schedule 2
Impounding Act 1993 No 31--Schedule 2
Independent Commission Against Corruption Act 1988 No 35--Schedule 1
Interpretation Act 1987 No 15--Schedule 2
Lake Macquarie Local Environmental Plan 2004--Schedule 2
Land Tax Management Act 1956 No 26--Schedule 2
Law Enforcement (Powers and Responsibilities) Act 2002 No 103--Schedule 2
Liquor Act 1982 No 147--Schedule 1
Local Courts Act 1982 No 164--Schedule 3
Local Government Act 1993 No 30--Schedule 2
Local Government (General) Regulation 2005--Schedule 2
Lord Howe Island Regional Environmental Plan 2005--Schedule 2
Maclean Local Environmental Plan 2001--Schedule 2
Marine Safety Act 1998 No 121--Schedule 2
Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78--Schedule 2
Marketing of Primary Products Act 1983 No 176--Schedule 2
Mine Health and Safety Act 2004 No 74--Schedule 1
Mudgee Local Environmental Plan 1998--Schedule 2
Murray Regional Environmental Plan No 2--Riverine Land--Schedule 2
National Parks and Wildlife Act 1974 No 80--Schedule 2
Non-Indigenous Animals Act 1987 No 166--Schedule 1
Non-Indigenous Animals Regulation 1997--Schedule 2
Nurses and Midwives Act 1991 No 9--Schedule 3
Optometrists Act 2002 No 30--Schedule 3
Osteopaths Act 2001 No 16--Schedule 3
Passenger Transport Act 1990 No 39--Schedule 1
Pharmacy Act 1964 No 48--Schedule 3
Physiotherapists Act 2001 No 67--Schedule 3
Page 85
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 5 Notes
Plant Diseases Act 1924 No 38--Schedule 1
Podiatrists Act 2003 No 69--Schedule 3
Police Integrity Commission Act 1996 No 28--Schedule 2
Ports Corporatisation and Waterways Management Act 1995 No 13--Schedule 1
Property Legislation Amendment Act 2005 No 68--Schedule 1
Protection of the Environment Operations Act 1997 No 156--Schedule 1
Psychologists Act 2001 No 69--Schedule 3
Public Finance and Audit Act 1983 No 152--Schedule 2
Public Sector Employment and Management Act 2002 No 43--Schedule 1
Real Property Act 1900 No 25--Schedule 1
Registered Clubs Act 1976 No 31--Schedule 1
Residential Parks Act 1998 No 142--Schedule 2
Residential Parks Regulation 1999--Schedule 2
Residential Tenancies Act 1987 No 26--Schedule 2
Restricted Premises Act 1943 No 6--Schedule 1
Retail Leases Act 1994 No 46--Schedule 1
Rivers and Foreshores Improvement Act 1948 No 20--Schedule 2
Road and Rail Transport (Dangerous Goods) Act 1997 No 113--Schedule 2
Royal Commission (Police Service) Act 1994 No 60--Schedule 2
Scone Local Environmental Plan 1986--Schedule 2
Security Industry Act 1997 No 157--Schedule 2
Security Industry Amendment Act 2005 No 63--Schedule 2
Security Interests in Goods Act 2005 No 69--Schedule 1
Shellharbour Local Environmental Plan 2000--Schedule 2
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 2
State Authorities Superannuation Act 1987 No 211--Schedule 2
State Emergency and Rescue Management Act 1989 No 165--Schedule 2
State Environmental Planning Policy No 64--Advertising and Signage--Schedule 2
State Environmental Planning Policy (Major Projects) 2005--Schedule 2
State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004--
Schedule 2
State Records Act 1998 No 17--Schedule 1
State Sports Centre Trust Act 1984 No 68--Schedule 2
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 2
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 2
Subordinate Legislation Act 1989 No 146--Schedule 1
Page 86
Statute Law (Miscellaneous Provisions) Bill 2006
Notes Schedule 5
Summary Offences Act 1988 No 25--Schedule 2
Superannuation Act 1916 No 28--Schedule 1
Surveying Act 2002 No 83--Schedule 1
Sutherland Shire Local Environmental Plan 2000--Schedule 2
Sydney Harbour Foreshore Authority Act 1998 No 170--Schedules 2 and 3
Sydney Local Environmental Plan 2005--Schedule 2
Sydney Olympic Park Authority Act 2001 No 57--Schedule 3
Sydney Regional Environmental Plan No 26--City West--Schedule 2
Sydney Regional Environmental Plan No 28--Parramatta--Schedule 2
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005--
Schedule 2
Taxation Administration Act 1996 No 97--Schedule 3
Teaching Service Act 1980 No 23--Schedule 1
Terrorism (Police Powers) Act 2002 No 115--Schedule 1
Threatened Species Conservation Act 1995 No 101--Schedule 1
Tow Truck Industry Act 1998 No 111--Schedule 3
Transport Administration Act 1988 No 109--Schedule 1
Transport Appeal Boards Act 1980 No 104--Schedule 3
Trustee Act 1925 No 14--Schedule 3
Trustee Companies Act 1964 No 6--Schedule 2
Trustee Companies Regulation 2005--Schedule 2
University of Sydney Act 1989 No 124--Schedule 1
Valuation of Land Act 1916 No 2--Schedule 3
Victims Support and Rehabilitation Act 1996 No 115--Schedule 3
Warringah Local Environmental Plan 2000--Schedule 2
Water Management Act 2000 No 92--Schedule 1
Water Sharing Plan for the Apsley River Water Source 2003--Schedule 2
Water Sharing Plan for the Commissioners Waters Water Source 2003--Schedule 2
Water Sharing Plan for the Coopers Creek Water Source 2003--Schedule 2
Water Sharing Plan for the Kangaroo River Water Source 2003--Schedule 2
Water Sharing Plan for the Karuah River Water Source 2003--Schedule 2
Water Sharing Plan for the Kulnura Mangrove Mountain Groundwater Sources
2003--Schedule 2
Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003--
Schedule 2
Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water
Source 2003--Schedule 2
Page 87
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 5 Notes
Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003--
Schedule 2
Water Sharing Plan for the Ourimbah Creek Water Source 2003--Schedule 2
Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah
Creek Water Sources 2003--Schedule 2
Water Sharing Plan for the Rocky Creek, Cobbadah, Upper Horton and Lower
Horton Water Source 2003--Schedule 2
Water Sharing Plan for the Stuarts Point Groundwater Source 2003--Schedule 2
Water Sharing Plan for the Toorumbee Creek Water Source 2003--Schedule 2
Water Sharing Plan for the Upper Billabong Water Source 2003--Schedule 2
Water Sharing Plan for the Upper Brunswick River Water Source 2003--Schedule 2
Water Sharing Plan for the Wandella Creek Water Source 2003--Schedule 2
Water Sharing Plan for the Wybong Creek Water Source 2003--Schedule 2
Wills, Probate and Administration Act 1898 No 13--Schedule 3
Witness Protection Act 1995 No 87--Schedule 3
Workplace Injury Management and Workers Compensation Act 1998 No 86--
Schedule 3
Workplace Surveillance Act 2005 No 47--Schedule 3
Young Offenders Act 1997 No 54--Schedule 3
Index of Acts wholly repealed by Schedule 4
Building Legislation Amendment (Smoke Alarms) Act 2005 No 57
Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 No 76
Companion Animals Amendment Act 2005 No 101
Consumer Credit (New South Wales) Amendment (Maximum Annual Percentage
Rate) Act 2005 No 86
Crimes Amendment (Animal Cruelty) Act 2005 No 94
Crimes Amendment (Road Accidents) (Brendan's Law) Act 2005 No 74
Crimes Legislation Amendment Act 2002 No 130
Crimes Legislation Further Amendment Act 2003 No 85
Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 No 7
Criminal Procedure Amendment (Prosecutions) Act 2005 No 75
Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005
No 102
Criminal Procedure Further Amendment (Evidence) Act 2005 No 25
Energy Administration Amendment (Water and Energy Savings) Act 2005 No 18
Environmental Planning and Assessment Amendment (Infrastructure and Other
Planning Reform) Act 2005 No 43
Page 88
Statute Law (Miscellaneous Provisions) Bill 2006
Notes Schedule 5
Farm Debt Mediation Amendment (Water Access Licences) Act 2005 No 95
Gaming Machines Amendment Act 2005 No 78
Gene Technology (GM Crop Moratorium) Amendment (Postponement of Expiry) Act
2005 No 81
Health Legislation Amendment Act 2005 No 82
Human Tissue and Anatomy Legislation Amendment Act 2003 No 18
Industrial Relations Amendment Act 2005 No 104
Law Enforcement Legislation Amendment (Public Safety) Act 2005 No 119
Local Government Amendment Act 2005 No 59
Luna Park Site Amendment (Noise Control) Act 2005 No 72
Mental Health (Criminal Procedure) Amendment Act 2005 No 109
National Competition Policy Health and Other Amendments (Commonwealth
Financial Penalties) Act 2004 No 52
National Competition Policy Liquor Amendments (Commonwealth Financial
Penalties) Act 2004 No 53
Noxious Weeds Amendment Act 2005 No 29
Nurses Amendment Act 2003 No 45
Parliamentary Superannuation Legislation Amendment Act 2005 No 110
Police Amendment (Death and Disability) Act 2005 No 112
Public Sector Employment and Management Amendment (Extended Leave) Act 2005
No 85
Regulatory Reduction Act 1996 No 107
Residential Tenancies Amendment (Social Housing) Act 2005 No 79
Retail Leases Amendment Act 2005 No 90
Road Transport Legislation (Speed Limiters) Amendment Act 2005 No 36
Shops and Industries Amendment (Special Shop Closures) Act 2005 No 92
Standard Time Amendment (Daylight Saving) Act 2005 No 71
State Emergency and Rescue Management Amendment Act 2005 No 80
State Emergency Service Amendment Act 2005 No 88
Statute Law (Miscellaneous Provisions) Act 2000 No 53
Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93
Statute Law (Miscellaneous Provisions) Act 2001 No 56
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112
Statute Law (Miscellaneous Provisions) Act 2002 No 53
Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112
Statute Law (Miscellaneous Provisions) Act 2003 No 40
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82
Page 89
Statute Law (Miscellaneous Provisions) Bill 2006
Statute Law (Miscellaneous Provisions) Bill 2006
Schedule 5 Notes
Statute Law (Miscellaneous Provisions) Act 2004 No 55
Superannuation Legislation Amendment Act 2005 No 52
Technical and Further Education Commission Amendment (Staff) Act 2005 No 99
Terrorism (Police Powers) Amendment (Preventative Detention) Act 2005 No 114
Threatened Species Conservation Amendment Act 2002 No 78
Water Management Amendment Act 2005 No 118
Workers Compensation Legislation Amendment Act 2003 No 29
Page 90
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