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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 2007
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 61
Schedule 3 Amendments consequential on the enactment of the
Legal Profession Act 2004 No 112 77
Schedule 4 Amendments consequential on the enactment of the
Police Amendment (Miscellaneous) Act 2006 No 94 80
Schedule 5 Repeals 86
Schedule 6 General savings, transitional and other provisions 89
Notes 91
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, , 2007
New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2007
Act No , 2007
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.
Assistant Speaker of the Legislative Assembly.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2007.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this
section.
(2) The amendments made by Schedules 14 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 14 are amended as set
out in those Schedules.
4 Repeals
Each Act specified in Schedule 5 is, to the extent indicated in that
Schedule, repealed.
5 General savings, transitional and other provisions
Schedule 6 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(1) This Act is repealed on the day following the day on which all of the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.
Page 2
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Aboriginal Land Rights Act 1983 No 42
[1] Section 118 Advisory committees
Omit "time time" from section 118 (1). Insert instead "time to time".
[2] Section 120 Membership of New South Wales Aboriginal Land Council
Omit "(other than the Chairperson of the Council)" from section 120 (2).
[3] Section 217 Contents of investigator's instrument of appointment
Insert at the end of section 217:
(2) The instrument may also contain provision for the payment to the
investigator of remuneration in addition to the remuneration
specified in the instrument. For example, the instrument could
provide for the New South Wales Aboriginal Land Council to
approve the payment of additional remuneration that it is satisfied
is reasonable.
[4] Section 224 Contents of administrator's instrument of appointment
Insert at the end of section 224:
(2) The instrument may also contain provision for the payment to the
administrator of remuneration in addition to the remuneration
specified in the instrument. For example, the instrument could
provide for the New South Wales Aboriginal Land Council to
approve the payment of additional remuneration that it is satisfied
is reasonable.
[5] Schedule 4 Savings, transitional and other provisions
Insert after Part 7 of Schedule 4:
Part 8 Statute Law (Miscellaneous Provisions)
Act 2007
49 Remuneration of investigators and administrators
(1) Each instrument of appointment of an investigator or
administrator under Part 11 that was executed before the
commencement of this clause is taken to include (and always to
have included) provision to the effect that the New South Wales
Aboriginal Land Council may approve the payment of additional
Page 3
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
remuneration to the investigator or administrator that the Council
is satisfied is reasonable.
(2) An amount paid before the commencement of this clause as
remuneration to an investigator or administrator appointed under
Part 11, being an amount paid with the approval of the New South
Wales Aboriginal Land Council in addition to the remuneration
specified in the investigator's or administrator's instrument of
appointment, is taken to be and always to have been validly paid
as remuneration of the investigator or administrator.
(3) Sections 217 (2) and 224 (2) extend to an instrument of
appointment of an investigator or administrator under Part 11 that
was executed before the commencement of this clause, with the
result that a provision included in such an instrument that would
have been valid had sections 217 (2) and 224 (2) been in force
when the instrument was executed is taken to be and always to
have been valid.
Commencement
Item [2] of the amendments to the Aboriginal Land Rights Act 1983 is taken to have
commenced on the commencement of Schedule 1 [47] to the Aboriginal Land Rights
Amendment Act 2006.
Explanatory note
Item [1] of the proposed amendments to the Aboriginal Land Rights Act 1983 (the Act)
inserts a missing word.
Item [2] of the proposed amendments clarifies that the Chairperson of the New South
Wales Aboriginal Land Council is to be full-time. Before section 120 of the Act was
inserted by Schedule 1 [47] to the Aboriginal Land Rights Amendment Act 2006, the
councillors of the New South Wales Aboriginal Land Council, including the
Chairperson, were all full-time. The new section 120 (2) provided that the councillors
were to be full-time but, inadvertently, did not make it clear that the Chairperson (who
is to be elected from among those councillors) is also to be full-time.
Items [3] and [4] of the proposed amendments amend provisions of the Act that deal
with the appointment of investigators and administrators of Aboriginal Land Councils to
provide that the instrument of appointment of an investigator or administrator may
include provision for the payment to the investigator or administrator of remuneration
in addition to that specified in the instrument (for example, provision for the NSW
Aboriginal Land Council to approve the payment of additional remuneration that the
Council is satisfied is reasonable).
Item [5] of the proposed amendments enacts transitional provisions that extend the
amendments to instruments of appointment executed before the commencement of the
amendments (existing instruments), validates payments of additional remuneration
made with the approval of the NSW Aboriginal Land Council and deems existing
instruments to include a provision enabling the NSW Aboriginal Land Council to
approve additional remuneration that the Council is satisfied is reasonable.
Page 4
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
1.2 Aboriginal Land Rights Amendment Act 2006 No 111
Schedule 1 Amendment of Aboriginal Land Rights Act 1983
Omit proposed section 63 (6) from Schedule 1 [41]. Insert instead:
(6) The Registrar is to be the returning officer for an election.
Explanatory note
The proposed amendment to the Aboriginal Land Rights Amendment Act 2006 makes
the Registrar appointed under the Aboriginal Land Rights Act 1983 the returning officer
for elections of Board members of Local Aboriginal Land Councils instead of the
Electoral Commissioner for New South Wales.
1.3 Agricultural Livestock (Disease Control Funding) Act 1998
No 139
Sections 7 (2) (c) and 8 (3) (c)
Omit "Rural Lands Protection Board Association" wherever occurring.
Insert instead "State Council of Rural Lands Protection Boards".
Explanatory note
The proposed amendment to the Agricultural Livestock (Disease Control Funding) Act
1998 replaces references in the Act to the defunct Rural Lands Protection Board
Association with references to the State Council of Rural Lands Protection Boards.
1.4 Commission for Children and Young People Act 1998 No 146
[1] Schedule 1, clauses 2, 3 (4)(6) and 6 (5)
Omit "Chairman" wherever occurring. Insert instead "Chair".
[2] Schedule 1, clauses 2 and 3 (4)(6)
Omit "Vice-Chairman" wherever occurring.
Insert instead "Deputy Chair".
Explanatory note
The proposed amendments to the Commission for Children and Young People Act
1998 change the titles of the presiding officers of a parliamentary committee to ensure
consistent titles are used across all parliamentary committees.
Page 5
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
1.5 Community Land Development Act 1989 No 201
[1] Schedule 1 Plans
Insert after clause 2 (1):
(1A) The plan must be lodged with a separate document in the
approved form that relates to the plan. The documents required to
be lodged with a plan under subclause (2) are to be included with
the separate document.
[2] Schedule 1, clause 2 (5)
Omit "A plan".
Insert instead "The separate document required to be lodged under subclause
(1A) with a plan".
[3] Schedule 1, clause 2 (6A)
Omit the subclause.
Commencement
The amendments to the Community Land Development Act 1989 commence on a day
or days to be appointed by proclamation.
Explanatory note
The proposed amendments to the Community Land Development Act 1989 (the Act)
provide for a separate document in the approved form to be lodged with certain plans
that are required to be registered and lodged with the Registrar-General under the Act.
The amendments will enable all signatures and consents required for lodging those
plans to be endorsed on, or included with, that separate document.
1.6 Community Land Management Act 1989 No 202
[1] Section 3 Definitions
Omit "Minister" from the definition of approved form in section 3 (1).
Insert instead "Director-General".
[2] Section 3 (1), definition of "Director-General"
Omit the definition. Insert instead:
Director-General means:
(a) the Commissioner for Fair Trading, Department of
Commerce, or
(b) if there is no such position in that Department, the
Director-General of that Department.
Page 6
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[3] Section 39 Insurance against damage or destruction
Omit section 39 (1A). Insert instead:
(1A) Any such building or structure is to be insured for not less than:
(a) the amount determined in accordance with the regulations,
or
(b) if the regulations make no provision for determining the
amount, the value of the building or structure indicated by
the last valuation obtained for the building or structure in
accordance with this Division.
[4] Section 66 Mediation of disputes relating to community schemes
Insert after section 66 (1):
(1A) The application must be accompanied by the fee prescribed by
the regulations.
[5] Section 122 Regulations
Insert after section 122 (1):
(1A) In particular, the regulations may make provision for or with
respect to fees payable under the Act, including the waiver or
refund of the whole or any part of a fee.
Explanatory note
Item [1] of the proposed amendments to the Community Land Management Act 1989
(the Act) requires forms under the Act to be approved by the Commissioner for Fair
Trading, Department of Commerce rather than the Minister for Fair Trading.
Item [2] of the proposed amendments provides (in line with other consumer affairs
legislation) for the Commissioner for Fair Trading, Department of Commerce to
exercise the functions under the Act previously exercised by the Director-General of
the Department of Fair Trading. However, if there is no position of Commissioner for
Fair Trading within the Department of Commerce, the Director-General of that
Department will exercise those functions.
Section 39 (1A) of the Act currently provides that a building or structure on the property
of an association (within the meaning of the Act) is to be insured for at least the value
of the building or structure indicated by the last valuation obtained for the building or
structure.
Item [3] of the proposed amendments substitutes section 39 (1A) to provide that the
value of insurance for the building or structure is to be at least the amount determined
in accordance with the regulations or, if the regulations do not provide for the
determination of such an amount, at least the value of the building or structure indicated
by the last valuation obtained for the building or structure in accordance with Division
3 of Part 2 of the Act.
Item [4] of the proposed amendments provides that an application for the mediation of
a dispute relating to a community scheme must be accompanied by the fee that is
prescribed by the regulations in respect of the application.
Item [5] of the proposed amendments allows the making of regulations for or with
respect to fees under the Act or the waiver or refund of any fee under the Act.
Page 7
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
1.7 Companion Animals Act 1998 No 87
[1] Section 36 Obligations of owner when notified of proposed dangerous
dog declaration
Insert "that is attached to the dog and is held by (or secured to) the person"
after "leash" in section 36 (1) (a) (i).
[2] Section 36 (3) (a)
Omit the paragraph. Insert instead:
(a) the officer is satisfied that:
(i) the requirements of subsection (1) (a) have not been
complied with in relation to the dog, or
(ii) the dog is not confined, tethered or restrained in
such a way as to prevent the dog attacking or
chasing a person lawfully at the property where the
dog is ordinarily kept, or
[3] Section 36 (3A)
Insert after section 36 (3):
(3A) An authorised officer may seize a dog under subsection (3) (a)
only during the period when subsection (1) (a) applies in respect
of the dog.
[4] Section 36 (4) (a)
Insert "in relation to the dog" after "complied with".
[5] Section 36 (4) (a1)
Insert after section 36 (4) (a):
(a1) the dog is reasonably capable of being confined, tethered
or restrained in such a way as to prevent the dog attacking
or chasing a person lawfully at the property where the dog
is ordinarily kept, and
[6] Section 38 Authorised officer to notify dog owner of decision and
consequences
Insert "if the dog attacks or bites a person or animal without provocation or"
after "seized and destroyed" in section 38 (2) (c).
Page 8
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[7] Section 58B Obligations of owner when notified of proposed restricted
dog declaration
Omit section 58B (1). Insert instead:
(1) If a notice is given under section 58A to the owner of a dog of an
authorised officer's intention to declare the dog to be a restricted
dog, the owner must:
(a) ensure that at all times when the dog is away from the
property where it is ordinarily kept:
(i) it is under the effective control of some competent
person by means of an adequate chain, cord or leash
that is attached to the dog and is held by (or secured
to) the person, and
(ii) it has a muzzle securely fixed on its mouth in such a
manner as will prevent it from biting any person or
animal, and
(b) register the dog (if it is not already registered) within
7 days after receiving the notice.
Note. Registration of a dog requires the dog to be microchipped.
Maximum penalty: 50 penalty units.
[8] Section 58B (2)
Omit "subsection (1) (a)". Insert instead "subsection (1) (a) (i)".
[9] Section 58B (3)
Omit "This section". Insert instead "Subsection (1) (a) only".
[10] Section 58B (4) and (4A)
Omit section 58B (4). Insert instead:
(4) An authorised officer may seize a dog that is the subject of a
proposed declaration if:
(a) the officer is satisfied that:
(i) the requirements of subsection (1) (a) have not been
complied with in relation to the dog, or
(ii) the dog is not confined, tethered or restrained in
such a way as to prevent the dog attacking or
chasing a person lawfully at the property where the
dog is ordinarily kept, or
(b) the dog has not been registered as required by subsection
(1) (b).
Page 9
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
(4A) An authorised officer may seize a dog under subsection (4) (a)
only during the period when subsection (1) (a) applies in respect
of the dog.
[11] Section 58B (5) (a)
Omit the paragraph. Insert instead:
(a) a claim for the dog cannot be made under section 64 unless
an authorised officer is satisfied that:
(i) the requirements of subsection (1) (a) are capable of
being complied with in relation to the dog, and
(ii) the dog is reasonably capable of being confined,
tethered or restrained in such a way as to prevent the
dog attacking or chasing a person lawfully at the
property where the dog is ordinarily kept, and
(iii) the dog has been registered,
[12] Section 58G Power to seize and destroy dangerous or restricted dog in
certain circumstances
Omit section 58G (1). Insert instead:
(1) Seizing dangerous or restricted dog that attacks
An authorised officer may seize a dangerous or restricted dog if
the dog attacks or bites a person or animal (other than vermin)
without provocation.
(1A) Seizing dangerous dog if certain control requirements not
complied with
An authorised officer may seize a dangerous dog if the
requirements referred to in section 51 (1) (c), (c1) or (e) are not
complied with in relation to the dog on at least 2 separate
occasions over any period of 12 months (whether or not each
occasion relates to the same requirement).
Note. See section 57 (4) for the power to seize a restricted dog for
non-compliance with any of the control requirements under section 56.
[13] Section 58G (2) and (4)
Omit "subsection (1)" wherever occurring. Insert instead "this section".
[14] Section 58G (3)
Omit "on the ground referred to in subsection (1) (b)".
Insert instead "under subsection (1A)".
Page 10
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[15] Section 63 Owner of seized or surrendered animal to be notified
Insert after section 63 (1):
(1A) When a surrendered animal (other than an animal surrendered by
its owner) comes into the possession of a council pound, the
person in charge of the pound is to give notice of the possession
of the animal to the person who appears (from the best
endeavours of the person in charge to establish who the owner is)
to be the owner of the animal. Notice of possession need not be
given if those best endeavours fail to establish the name and
address of the owner of the animal.
[16] Section 64 Unclaimed seized or surrendered animal may be sold or
destroyed
Omit section 64 (1). Insert instead:
(1) If a seized animal (including an animal delivered to a council
pound under section 63A) or a surrendered animal (other than an
animal surrendered by its owner) has not been claimed, the
council may sell or destroy the animal:
(a) if notice under section 63 (1) or (1A) has been given--after
the period of 14 days following the giving of the notice, or
(b) if such a notice is not required to be given--after the
animal has been held at the council pound for a period of
7 days.
[17] Section 64 (2) and (5)
Insert "or surrendered" after "seized" wherever occurring.
[18] Section 64A
Omit the section. Insert instead:
64A Animals surrendered by owners may be sold or destroyed
(1) A council may at any time sell or destroy a surrendered animal if
the animal was surrendered by its owner to the council pound.
(2) Before destroying a surrendered animal as authorised by
subsection (1), it is the duty of the council concerned to consider
whether there is an alternative action to that of destroying the
animal and (if practicable) to adopt any such alternative.
(3) This section does not authorise a council to sell a dangerous or
restricted dog.
Page 11
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
Explanatory note
In general, the purpose of the proposed amendments to the Companion Animals Act
1998 (the Act) is to ensure that the provisions of the Act dealing with dangerous dogs
and restricted dogs are consistent. Some of the amendments also restate existing
provisions of the Act for the purposes of clarification.
At present under section 36 of the Act, if the owner of a dog is notified that a council
officer intends to declare the dog to be dangerous, the owner must comply with certain
interim control requirements, including ensuring that the dog is kept under effective
control by means of a chain, cord or leash whenever it is away from the property where
it is ordinarily kept. Item [1] of the proposed amendments makes it clear that the chain,
cord or leash must be attached to the dog and held by, or secured to, a competent
person who has control of the dog when it is away from its property.
Item [2] of the proposed amendments provides that during the time when the interim
control requirements under section 36 of the Act apply in respect of a dog that is the
subject of a proposed dangerous dog declaration, a council officer may seize the dog
if it is not confined, tethered or restrained in such a way as to prevent it from attacking
or chasing a person who is lawfully on the property where the dog is ordinarily kept.
The amendment is consistent with the existing provisions of section 58B of the Act for
seizing a dog that is subject to a proposed restricted dog declaration. Items [3][5] are
consequential amendments.
Item [6] of the proposed amendments provides that if a council officer declares a dog
to be dangerous, the notice advising the owner of the declaration and its consequences
must indicate that the dog may be seized and destroyed under section 58G of the Act
if it attacks or bites a person or animal without provocation.
At present under section 58B of the Act, if the owner of a dog is notified that a council
officer intends to declare the dog to be a restricted dog, the owner must comply with
interim control requirements (such as keeping the dog under effective control and
muzzling it when it is away from its property). Item [7] of the proposed amendments
requires the owner of the dog to also register the dog under the Act (if it is not already
registered) within 7 days after receiving the notice. The same requirement currently
applies under section 36 of the Act in relation to a proposed dangerous dog declaration.
Items [8][11] of the proposed amendments are consequential on the amendment
made by item [7].
At present under section 58G of the Act, a council officer may seize a dangerous dog
or a restricted dog if the dog attacks or bites a person or animal without provocation or
if certain enclosure and muzzling requirements are not complied with on at least 2
separate occasions over a 12-month period. However, section 57 (4) of the Act also
provides for a restricted dog to be seized if any of the control requirements (i.e. not just
those relating to enclosures and muzzling) under section 56 of the Act are not complied
with in relation to the dog on any occasion. Item [12] of the proposed amendments
removes the overlap between sections 58G and 57 (4) of the Act when it comes to
seizing restricted dogs for non-compliance with the control requirements. Items [13]
and [14] are consequential amendments.
Items [15][17] of the proposed amendments provide that the existing procedures for
notifying the owners of seized animals, and for selling or destroying seized animals
after a certain period, will also apply in relation to animals that come into possession of
a council pound otherwise than by being surrendered by their owners. In the case of an
animal that is surrendered to a council pound by its owner, item [18] restates the
existing provision that enables the council to sell or destroy the animal at any time.
Page 12
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
1.8 Constitution Act 1902 No 32
Section 22G President
Omit "Chairman of Committees" from section 22G (7).
Insert instead "Chair of Committees".
Explanatory note
The proposed amendment to the Constitution Act 1902 updates a reference to an office
consequent on changes to the Standing Orders of the Legislative Council.
1.9 Contaminated Land Management Act 1997 No 140
Section 92A
Insert after section 92:
92A Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence
against this Act or the regulations, being an offence prescribed by
the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served
does not wish to have the matter determined by a court, the
person can pay, within the time and to the person specified in the
notice, the amount of the penalty prescribed by the regulations for
the offence if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings
for the alleged offence.
(5) Payment under this section is not to be regarded as an admission
of liability for the purpose of, and does not in any way affect or
prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision
creating the offence, and
(b) prescribe the amount of penalty payable for the offence if
dealt with under this section, and
(c) prescribe different amounts of penalties for different
offences or classes of offences.
Page 13
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
(7) The amount of a penalty prescribed under this section for an
offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(8) This section does not limit the operation of any other provision
of, or made under, this or any other Act relating to proceedings
that may be taken in respect of offences.
(9) In this section, authorised officer means a person of a class
prescribed by the regulations who is authorised in writing by the
Director-General as an authorised officer for the purposes of this
section.
Explanatory note
The proposed amendment to the Contaminated Land Management Act 1997 inserts a
standard provision that allows penalty notices to be issued in respect of prescribed
penalty notice offences under the Act.
1.10 Conveyancers Licensing Act 2003 No 3
[1] Section 10 Disqualified persons
Omit "a director or person concerned in the management of" wherever
occurring in section 10 (2) (c) and (d) (ii) and (3B) (c).
Insert instead "concerned in the management of, or a director of,".
[2] Section 10 (2) (d) (i)
Omit "who at any time in the last 3 years, was a director or person concerned
in the management of".
Insert instead "who was, at any time in the last 3 years, concerned in the
management of, or a director of,".
[3] Section 10 (2) (d) (i)
Omit "such a director or person".
Insert instead "such a person or director".
Explanatory note
The proposed amendments to the Conveyancers Licensing Act 2003 (the Act) clarify
that a person who is or was a director of an externally-administered body corporate can
be a disqualified person for the purposes of the Act whether or not he or she is or was
also a person concerned in the management of the body corporate.
Page 14
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
1.11 Conveyancing Act 1919 No 6
[1] Section 195A Lodgment of plans and related documents with
Registrar-General
Insert "The plan must be lodged with a separate document in the approved
form relating to the plan." after "Division." in section 195A (1).
[2] Section 195D Signatures and consents
Omit "unless the plan" from section 195D (1).
Insert instead "unless the separate document required to be lodged under
section 195A with the plan".
[3] Section 195D (2A)
Omit the subsection.
[4] Section 195D (3)
Omit "a particular plan, or to sign an approved form for signatures relating to
a particular plan,".
Insert instead "an approved form relating to a particular plan".
Commencement
The amendments to the Conveyancing Act 1919 commence on a day or days to be
appointed by proclamation.
Explanatory note
The proposed amendments to the Conveyancing Act 1919 (the Act) provide for a
separate document in the approved form to be lodged with any plan required to be
registered and lodged with the Registrar-General under section 195A of the Act. The
amendments will enable all signatures and consents required for lodging plans to be
endorsed on that separate document.
1.12 Crimes at Sea Act 1998 No 173
[1] Schedule 1 The Cooperative Scheme
Omit the definition of Area A of the Zone of Cooperation from clause 1 (1).
[2] Schedule 1, clause 1 (1)
Insert in alphabetical order:
Joint Petroleum Development Area has the same meaning as in
the Petroleum (Timor Sea Treaty) Act 2003 (Commonwealth).
Page 15
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
[3] Schedule 1, clauses 10 and 14 (3) (b) and (4) (a) (ii)
Omit "Area A of the Zone of Cooperation" wherever occurring.
Insert instead "the Joint Petroleum Development Area".
[4] Schedule 1, clause 14
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967" wherever
occurring.
Insert instead "Schedule 1 to the Offshore Petroleum Act 2006".
[5] Schedule 1, clause 14 (2) (b)
Omit "subsection (7) of section 5A of the Petroleum (Submerged Lands) Act
1967".
Insert instead "section 7 (2) of the Offshore Petroleum Act 2006".
[6] Schedule 1, clause 14 (4) (b)
Omit "adjacent area". Insert instead "offshore area".
[7] Schedule 1, clause 14 (4) (b)
Omit "subsection (3) of section 5A of the Petroleum (Submerged Lands) Act
1967".
Insert instead "section 7 (1) of the Offshore Petroleum Act 2006".
[8] Schedule 1, clause 14 (6)
Insert after clause 14 (5):
(6) A reference in this clause to the area described in Schedule 1 to
the Offshore Petroleum Act 2006 (Commonwealth) in relation to
a State or Territory is a reference to the scheduled area for that
State or Territory within the meaning given by that Schedule.
[9] Schedule 1, Appendix
Omit "Area A of the Zone of Cooperation" from the legend of the map.
Insert instead "Joint Petroleum Development Area".
Commencement
Items [4][8] of the amendments to the Crimes at Sea Act 1998 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
Page 16
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
Items [4][8] of the proposed amendments to the Crimes at Sea Act 1998 are
consequential on the repeal of the Petroleum (Submerged Lands) Act 1967 of the
Commonwealth and the commencement of the Offshore Petroleum Act 2006 of the
Commonwealth.
Items [1][3] and [9] of the proposed amendments are consequential on the repeal of
the Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and
the enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
1.13 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Omit "(Submerged Lands)" from clause 23 of Table 1.
Insert instead "(Offshore)".
Commencement
The amendment to the Criminal Procedure Act 1986 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the Criminal Procedure Act 1986 is consequential on the
proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum
(Offshore) Act 1982 elsewhere in this Schedule.
1.14 Crown Lands Act 1989 No 6
[1] Section 34A Special provisions relating to Minister's powers over Crown
reserves
Insert after section 34A (6):
(6A) Nothing in this section affects the operation of section 35.
[2] Section 48 Restrictions on transfer of licences
Insert after section 48 (2):
(3) This section does not apply in relation to a licence authorising the
use or occupation of Crown land for the purposes of constructing,
operating or maintaining telecommunications infrastructure.
Page 17
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
Explanatory note
Item [1] of the proposed amendments to the Crown Lands Act 1989 (the Act) makes it
clear that when the Minister grants a lease, licence, permit or easement in respect of a
Crown reserve the Minister will still be required to assess the land under Part 3 of the
Act.
Section 48 of the Act currently provides that a licence granted by the Minister and
authorising the use or occupation of Crown land for any purpose can only be
transferred if the conditions of the licence permit the transfer and the licence is
transferred to the owner or holder of land that benefits from the licence. Item [2] of the
proposed amendments provides the restrictions imposed by section 48 in relation to
the transfer of licences will not apply to a licence authorising the use or occupation of
Crown land for the purposes of telecommunications infrastructure.
1.15 Crown Lands (Continued Tenures) Act 1989 No 7
Schedule 7, clause 15A (Payment of purchase price if application made
on or after 1 July 2004)
Insert after clause 15A (2):
(2A) However, the Minister may allow the purchase price to be paid
by instalments on any basis that the Minister determines is
appropriate. This subclause extends to any application for
purchase that is pending as at the commencement of this
subclause.
Explanatory note
The proposed amendment to the Crown Lands (Continued Tenures) Act 1989 allows
the purchase price of land in respect of an application for purchase of land held under
a lease under that Act (including pending applications) to be paid by instalments
instead of in full.
1.16 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Contaminated Land Management Act 1997, section 92A
Explanatory note
The proposed amendment to the Fines Act 1996 provides for the enforcement of
penalty notices issued under section 92A of the Contaminated Land Management Act
1997 and is consequential on the insertion of that section by an amendment made
elsewhere in this Schedule.
1.17 Fisheries Management Act 1994 No 38
[1] Section 197B Mining in aquatic reserve prohibited
Omit "(Submerged Lands)" from section 197B (2).
Insert instead "(Offshore)".
Page 18
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[2] Section 215 Purpose of Division
Omit "adverse affect". Insert instead "adverse effect".
Commencement
Item [1] of the amendments to the Fisheries Management Act 1994 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
Item [1] of the proposed amendments to the Fisheries Management Act 1994 is
consequential on the proposed renaming of the Petroleum (Submerged Lands) Act
1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments corrects a typographical error.
1.18 Freedom of Information Act 1989 No 5
[1] Section 8 Public offices
Omit "chairman" from section 8 (3) (a) (iii). Insert instead "Chair".
[2] Section 15A Disclosure of government contracts with the private sector
Omit "https//tenders.nsw.gov.au" from section 15A (7) (a).
Insert instead "https://tenders.nsw.gov.au".
Explanatory note
Item [1] of the proposed amendments to the Freedom of Information Act 1989 changes
a reference to an office to ensure consistent titles are used across all parliamentary
committees.
Item [2] of the proposed amendments corrects a reference.
1.19 Growth Centres (Development Corporations) Act 1974 No 49
[1] Section 3 Definitions
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Page 19
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
[2] Section 6 Provisions relating to constitution and procedure of
development corporation
Insert at the end of section 6 (1) (b):
, and
(c) if a person is appointed under subsection (1A) (a) as the
chief executive--the Director-General or, in the absence
of the Director-General, a person nominated by the
Director-General.
[3] Schedule 2 Provisions relating to the constitution and procedure of
development corporations
Insert before clause 1:
1A Application of Schedule to Director-General and nominee
This Schedule (other than clause 9 (2)) applies to and in respect
of a person who is a member of a development corporation under
section 6 (1) (c) in the same way as this Schedule applies to and
in respect of a chief executive.
[4] Schedule 2, clause 1
Omit "appointed members".
Insert instead "members appointed by the Governor".
Explanatory note
Item [1] of the proposed amendments to the Growth Centres (Development
Corporations) Act 1974 clarifies the status of notes.
Item [2] of the proposed amendments provides for the Director-General of the
Department of Planning (or a nominee of the Director-General in the Director-General's
absence) to be a member of a development corporation if a person other than the
Director-General has been appointed by the Minister for Planning as the chief
executive of the development corporation. In cases where a person is not appointed as
the chief executive, the Director-General is the chief executive and therefore a member
of the development corporation.
Item [3] of the proposed amendments provides that where the Director-General or
person nominated by the Director-General does become such a member, the
provisions of Schedule 2 (Provisions relating to the constitution and procedure of
development corporations) apply to the Director-General or nominee in the same way
that those provisions apply to a chief executive of a development corporation. For
example, the Director-General or nominee is not entitled to remuneration and cannot
preside at meetings of the development corporation. Also the provisions of Schedule 2
relating to terms of office, the application of the Public Sector Employment and
Management Act 2002, vacation of office and filling of vacancies do not apply to the
Director-General or nominee.
Item [4] of the proposed amendments clarifies that the Chairperson of a development
corporation is to be one of the members appointed by the Governor.
Page 20
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
1.20 Health Care Complaints Act 1993 No 105
[1] Sections 69, 70 (4)(6) and 72 (8)
Omit "Chairman" wherever occurring. Insert instead "Chair".
[2] Sections 69 and 70 (4)(6)
Omit "Vice-Chairman" wherever occurring.
Insert instead "Deputy Chair".
Explanatory note
The proposed amendments to the Health Care Complaints Act 1993 change the titles
of the presiding officers of a parliamentary committee to ensure consistent titles are
used across all parliamentary committees.
1.21 Home Building Act 1989 No 147
[1] Section 3 Definitions
Omit "It includes any work declared by the regulations to be roof plumbing
work." from the definition of plumbing work in section 3 (1).
[2] Section 37
Omit the section. Insert instead:
37 Restrictions on certain authorities
An endorsed contractor licence or a supervisor or tradesperson
certificate does not authorise its holder to do or supervise
specialist work merely because it authorises its holder to do or
supervise residential building work.
Explanatory note
The proposed amendments to the Home Building Act 1989 (the Act) remove
redundant references to roof plumbing work from the definition of plumbing work in
section 3 (1) and from section 37 of the Act. The definitions of residential building
work and specialist work in section 3 (1) of the Act fully address the relationship of
roof plumbing work to plumbing work for the purposes of the Act.
1.22 Independent Commission Against Corruption Act 1988
No 35
[1] Sections 67, 68 (4)(6) and 70 (5)
Omit "Chairman" wherever occurring. Insert instead "Chair".
Page 21
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
[2] Sections 67 and 68 (4)(6)
Omit "Vice-Chairman" wherever occurring.
Insert instead "Deputy Chair".
[3] Section 104 Appointment of staff
Omit "persons' capacity" from section 104 (3) (b).
Insert instead "person's capacity".
Explanatory note
Items [1] and [2] of the proposed amendments to the Independent Commission Against
Corruption Act 1988 change the titles of the presiding officers of a parliamentary
committee to ensure consistent titles are used across all parliamentary committees.
Item [3] of the proposed amendments corrects a typographical error.
1.23 Interpretation Act 1987 No 15
Section 58 Definitions
Omit "is described under the heading referring to the State in Schedule 2 to
the" from the definition of adjacent area in respect of the State.
Insert instead "was described under the heading referring to the State in
Schedule 2 to the repealed".
Commencement
The amendment to the Interpretation Act 1987 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the Interpretation Act 1987 is consequential on the repeal
of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the
commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
1.24 Legislation Review Act 1987 No 165
[1] Section 3 Definitions
Omit the definitions of Chairman and Vice-Chairman from section 3 (1).
Insert in alphabetical order:
Chair means the Chair of the Committee.
Deputy Chair means the Deputy Chair of the Committee.
Page 22
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[2] Sections 7, 8 (4)(6) and 12 (5)
Omit "Chairman" wherever occurring. Insert instead "Chair".
[3] Sections 7 and 8 (4)(6)
Omit "Vice-Chairman" wherever occurring.
Insert instead "Deputy Chair".
Explanatory note
The proposed amendments to the Legislation Review Act 1987 change the titles of the
presiding officers of a parliamentary committee to ensure consistent titles are used
across all parliamentary committees.
1.25 Local Government Act 1993 No 30
Section 633 Bathing (including nude bathing) and other water-based
recreational activities
Omit "Marine Safety Act 1998" from section 633 (4C).
Insert instead "Ports and Maritime Administration Act 1995".
Explanatory note
The proposed amendment to the Local Government Act 1993 replaces a reference in
section 633 (4C) of that Act to a vessel within the meaning of the Marine Safety Act
1998 with a reference to a vessel within the meaning of the Ports and Maritime
Administration Act 1995. Both those Acts have a similar definition of vessel. However,
the amendment will mean that the Minister for Ports and Waterways will be able to
delegate his or her functions under that subsection to an authorised person. This is
because section 27 (1) (b) of the Ports and Maritime Administration Act 1995 permits
the Minister to delegate any function conferred by or under any Act on the Minister in
his or her capacity as the Minister administering the Ports and Maritime Administration
Act 1995. No such power to delegate the Minister's functions is contained in the Marine
Safety Act 1998.
1.26 Marine Parks Act 1997 No 64
Section 18 Mining in marine parks prohibited
Omit "(Submerged Lands)" from section 18 (2).
Insert instead "(Offshore)".
Commencement
The amendment to the Marine Parks Act 1997 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Page 23
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
Explanatory note
The proposed amendment to the Marine Parks Act 1997 is consequential on the
proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum
(Offshore) Act 1982 elsewhere in this Schedule.
1.27 Mining Act 1992 No 29
[1] Section 78 Inclusion of petroleum in mining lease
Omit "(Submerged Lands)" from section 78 (4) (a).
Insert instead "(Offshore)".
[2] Section 186 Colliery holdings
Omit "chief inspector of coal mines".
Insert instead "Chief Inspector appointed under the Coal Mine Health and
Safety Act 2002".
Commencement
Item [1] of the amendments to the Mining Act 1992 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
Item [1] of the proposed amendments to the Mining Act 1992 is consequential on the
proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum
(Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments updates a reference to an office.
1.28 Motor Dealers Act 1974 No 52
[1] Section 10 Application to licences of Licensing and Registration
(Uniform Procedures) Act 2002
Omit section 10 (3) (b). Insert instead:
(b) an application for restoration of a licence under section 10
of that Act may be made only in respect of a licence that is
cancelled under section 20 (7) of this Act, and any such
application may not be made more than 3 months after the
date on which the licence is cancelled.
[2] Section 12 Grounds on which application to be granted or refused
Omit "or experience (if any)" from section 12 (4) (e).
Page 24
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[3] Section 20 Annual fee and annual statement
Omit section 20 (7A) and (7B).
Explanatory note
Section 10 (3) (b) of the Motor Dealers Act 1974 (the Act) currently provides that an
application for the restoration of a licence under the Act may not be made more than
3 months after the date on which the licence "expires". However, section 19 (1) of the
Act makes it clear that a licence does not expire, it continues in force until, pursuant to
the provisions of the Act, it is surrendered or cancelled or ceases to have effect.
Item [1] of the proposed amendments clarifies the intended effect of section 10 (3) (b)
by providing that a person may make an application for restoration of a licence under
section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in
respect of a licence that is cancelled under section 20 (7) of the Act (failure to pay an
annual fee or lodge an annual statement). Any such application may not be made more
than 3 months after the date on which the licence is cancelled.
Item [2] of the proposed amendments removes experience as a qualification for a
director of a corporation that applies for a licence under the Act. Directors are now
required to have prescribed qualifications or have sufficient knowledge or expertise to
carry on a business pursuant to the authority that would be conferred by the licence if
it were granted. This brings this requirement into line with the equivalent requirement
for a natural person who applies for a licence.
Item [3] of the proposed amendments omits provisions consequential on the
amendment made by item [1].
1.29 National Parks and Wildlife Act 1974 No 80
Sections 39 (4), 41 (2), 47H (4), 47J (2) and 47MA (3)
Omit "(Submerged Lands)" wherever occurring. Insert instead "(Offshore)".
Commencement
The amendment to the National Parks and Wildlife Act 1974 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the National Parks and Wildlife Act 1974 is consequential
on the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the
Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Page 25
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
1.30 Occupational Health and Safety Act 2000 No 40
[1] Section 4 Definitions
Omit "(Submerged Lands)" from paragraph (b) of the definition of mining
workplace (as inserted by Schedule 2 [3] to the Mine Health and Safety Act
2004).
Insert instead "(Offshore)".
[2] Section 107A Time for instituting proceedings--special provision for
work incident notification
Omit "Coal Mines Regulation Act 1982 applies--to section 86" from section
107A (6) (b).
Insert instead "Coal Mine Health and Safety Act 2002 applies--to section
110".
Commencement
Item [1] of the amendments to the Occupational Health and Safety Act 2000
commences:
(a) if both Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth and
Schedule 2 [3] to the Mine Health and Safety Act 2004 commence on or before
the date of assent to this Act--on the date of assent to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act and Schedule 2 [3] to the Mine
Health and Safety Act 2004 commences on or before the day on which that
Chapter commences--on the day on which that Chapter commences, or
(c) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act and Schedule 2 [3] to the Mine
Health and Safety Act 2004 commences after the day on which that Chapter
commences--on the day on which Schedule 2 [3] to the Mine Health and Safety
Act 2004 commences.
Explanatory note
Item [1] of the proposed amendments to the Occupational Health and Safety Act 2000
is consequential on the proposed renaming of the Petroleum (Submerged Lands) Act
1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Item [2] of the proposed amendments updates a reference to a repealed Act.
1.31 Occupational Health and Safety Regulation 2001
Clause 82 Definitions
Omit "(Submerged Lands)" wherever occurring from the definitions of
pressure piping and pressure vessel.
Insert instead "(Offshore)".
Page 26
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
Commencement
The amendment to the Occupational Health and Safety Regulation 2001 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the Occupational Health and Safety Regulation 2001 is
consequential on the proposed renaming of the Petroleum (Submerged Lands) Act
1982 as the Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.32 Offshore Minerals Act 1999 No 42
[1] Section 3 CommonwealthState agreement (the Offshore Constitutional
Settlement)
Omit "Petroleum (Submerged Lands) Act 1967" and "Petroleum (Submerged
Lands) Act 1982" wherever occurring (including the notes).
Insert instead "Offshore Petroleum Act 2006" and "Petroleum (Offshore) Act
1982" respectively.
[2] Section 35 Act does not apply to exploration for or recovery of petroleum
Omit "Petroleum (Submerged Lands) Act 1967" and "Petroleum (Submerged
Lands) Act 1982" from note 2.
Insert instead "Offshore Petroleum Act 2006" and "Petroleum (Offshore) Act
1982" respectively.
Commencement
The amendments to the Offshore Minerals Act 1999 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendments to the Offshore Minerals Act 1999 are consequential on:
(a) the repeal of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth
and the commencement of the Offshore Petroleum Act 2006 of the
Commonwealth, and
(b) the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the
Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
Page 27
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
1.33 Ombudsman Act 1974 No 68
[1] Sections 31E, 31F (4)(6) and 31H (5)
Omit "Chairperson" wherever occurring. Insert instead "Chair".
[2] Sections 31E and 31F (4)(6)
Omit "Vice-Chairperson" wherever occurring.
Insert instead "Deputy Chair".
Explanatory note
The proposed amendments to the Ombudsman Act 1974 change the titles of the
presiding officers of a parliamentary committee to ensure consistent titles are used
across all parliamentary committees.
1.34 Parliamentary Contributory Superannuation Act 1971 No 53
Section 19 Members' superannuation benefit
Omit "Chairman" from section 19 (4) (a) (ii). Insert instead "Chair".
Explanatory note
The proposed amendment to the Parliamentary Contributory Superannuation Act 1971
changes a reference to an office to ensure consistency with the Parliamentary
Remuneration Act 1989.
1.35 Parliamentary Evidence Act 1901 No 43
[1] Sections 4 (2) and 10 (2)
Omit "chairman" wherever occurring. Insert instead "Chair".
[2] Section 6 Expenses of witnesses
Omit "Chairman" from section 6 (2). Insert instead "Chair".
Explanatory note
The proposed amendments to the Parliamentary Evidence Act 1901 change
references to the presiding officers of a parliamentary committee to reflect the changes
to the titles of those offices.
1.36 Parliamentary Remuneration Act 1989 No 160
[1] Schedule 1 Additional salaries and expense allowances
Omit the matter relating to the Chairperson of the joint Committee on the
Office of the Valuer-General from Part 2.
Page 28
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[2] Schedule 1, Part 2
Omit "Chairman" and "Chairperson" wherever occurring.
Insert instead "Chair".
Explanatory note
Item [1] of the proposed amendments to the Parliamentary Remuneration Act 1989
omits a redundant reference to a Committee that no longer exists.
Item [2] of the proposed amendments changes references to certain presiding officers
of parliamentary committees to reflect the changes to the titles of those offices made
by proposed amendments elsewhere in this Schedule and to ensure that consistent
titles are used across all parliamentary committees.
1.37 Pesticides Act 1999 No 80
[1] Section 22 Fee
Omit section 22 (3). Insert instead:
(2A) No fee is payable in relation to the revocation or variation of a
clean-up notice.
(3) The Environment Protection Authority may, on the application of
a person to whom subsection (2) applies, extend the time for
payment of the fee.
(3A) The Environment Protection Authority may waive payment of
the whole or any part of the fee.
[2] Section 27 Fee
Omit section 27 (3). Insert instead:
(2A) No fee is payable in relation to the revocation or variation of a
prevention notice.
(3) The Environment Protection Authority may, on the application of
a person to whom subsection (2) applies, extend the time for
payment of the fee.
(3A) The Environment Protection Authority may waive payment of
the whole or any part of the fee.
Explanatory note
The proposed amendments to the Pesticides Act 1999 make it clear that a fee is not
payable under sections 22 and 27 of that Act in respect of a revocation or variation of
a clean-up notice or a prevention notice. The proposed amendments also permit the
Environment Protection Authority to waive payment of the whole or any part of the fees
in respect of those notices without an application being made for such a waiver.
Page 29
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
1.38 Petroleum (Onshore) Act 1991 No 84
Section 3 Definitions
Omit "(Submerged Lands)" from the definition of onshore area in section
3 (1).
Insert instead "(Offshore)".
Commencement
The amendment to the Petroleum (Onshore) Act 1991 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the Petroleum (Onshore) Act 1991 is consequential on
the proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the
Petroleum (Offshore) Act 1982 elsewhere in this Schedule.
1.39 Petroleum (Submerged Lands) Act 1982 No 23
[1] Section 1 Name of Act
Omit "(Submerged Lands)". Insert instead "(Offshore)".
[2] Section 5 Definitions
Omit "Petroleum (Submerged Lands) Act 1967" from the definition of the
Commonwealth Act in section 5 (1).
Insert instead "Offshore Petroleum Act 2006".
[3] Part 2, heading
Omit "adjacent". Insert instead "offshore".
[4] Section 10
Omit the section. Insert instead:
10 Definition
In this Part, the Commonwealth offshore area means the
offshore area for New South Wales for the purposes of the
Commonwealth Act.
Page 30
Statute Law (Miscellaneous Provisions) Bill 2007
Minor amendments Schedule 1
[5] Sections 12, 13 and 14
Omit "adjacent" wherever occurring. Insert instead "offshore".
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule (with appropriate Part and clause numbering):
Part Provisions consequent on enactment of
Statute Law (Miscellaneous Provisions)
Act 2007
Reference to Petroleum (Submerged Lands) Act 1982
A reference in any other Act (other than the Statute Law
(Miscellaneous Provisions) Act 2007), in any instrument made
under another Act, or in any document of any kind, to the
Petroleum (Submerged Lands) Act 1982 of this State is to be read
as a reference to the Petroleum (Offshore) Act 1982.
Commencement
The amendments to the Petroleum (Submerged Lands) Act 1982 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendments to the Petroleum (Submerged Lands) Act 1982:
(a) rename the Petroleum (Submerged Lands) Act 1982 of New South Wales as
the Petroleum (Offshore) Act 1982, and
(b) make other amendments that are consequential on the repeal of the Petroleum
(Submerged Lands) Act 1967 of the Commonwealth and the commencement of
the Offshore Petroleum Act 2006 of the Commonwealth.
1.40 Petroleum (Submerged Lands) Regulation 2006
[1] Clause 1 Name of Regulation
Omit "(Submerged Lands)". Insert instead "(Offshore)".
[2] Clause 3 Definition
Omit "(Submerged Lands)" from the definition of the Act in clause 3 (1).
Insert instead "(Offshore)".
Page 31
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 1 Minor amendments
[3] Schedule 2 Form of instrument of transfer
Omit "(Submerged Lands)". Insert instead "(Offshore)".
Commencement
The amendments to the Petroleum (Submerged Lands) Regulation 2006 commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendments to the Petroleum (Submerged Lands) Regulation 2006
(which include an amendment renaming the Regulation) are consequential on the
proposed renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum
(Offshore) Act 1982 elsewhere in this Schedule.
1.41 Pipelines Act 1967 No 90
Section 3 Definitions
Omit "(Submerged Lands)" from the definition of pipeline in section 3 (1).
Insert instead "(Offshore)".
Commencement
The amendment to the Pipelines Act 1967 commences:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
The proposed amendment to the Pipelines Act 1967 is consequential on the proposed
renaming of the Petroleum (Submerged Lands) Act 1982 as the Petroleum (Offshore)
Act 1982 elsewhere in this Schedule.
1.42 Police Act 1990 No 47
Section 82E Transfer of non-executive administrative officers
Omit "lowest" from section 82E (2) (b). Insert instead "lower".
Explanatory note
Section 67 of the Police Act 1990 was omitted by the Police Amendment (Police
Promotions) Act 2006 and replaced by section 82E. Section 67 of the Police Act 1990
provided that the Commissioner may transfer a non-executive officer from one
non-executive position to another. If the position to which the officer was transferred
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entitled its holder to a lower level of remuneration, the officer must have consented to
the transfer at the lower level of remuneration. Section 82E of the Police Act 1990
provides that the Commissioner may transfer a non-executive administrative officer
from one non-executive administrative officer position to another non-executive
administrative officer position or non-executive police officer position. If the position to
which the officer is transferred entitles its holder to a lower level of remuneration, the
officer must consent to the transfer at the lowest level of remuneration.
The proposed amendment changes the reference to "lowest" level of remuneration in
section 82E in line with the repealed section 67 so that a transfer need not be made at
the lowest level of remuneration for the position.
1.43 Prevention of Cruelty to Animals Act 1979 No 200
Section 12 Certain procedures not to be performed on animals
Insert in alphabetical order in section 12 (3):
dock the tail of an animal means to remove all or part of the tail
of the animal (other than a part of the tail consisting only of fur,
hair, feathers or the like) whether by surgical or other means.
Explanatory note
The proposed amendment to the Prevention of Cruelty to Animals Act 1979 clarifies
that the prohibition on docking an animal's tail extends to non-surgical means of
docking a tail such as with a rubber band.
1.44 Property, Stock and Business Agents Act 2002 No 66
[1] Section 8 Agents required to be licensed
Insert "or a real estate agent's licence" after "manager's licence" in section
8 (1) (e).
[2] Section 14 Eligibility for licence or certificate of registration
Omit section 14 (2) (c). Insert instead:
(c) the corporation, and each officer (within the meaning of
the Corporations Act) of the corporation, is not a
disqualified person, and
[3] Section 16 Disqualified persons
Insert "or has failed to lodge a statutory declaration as required by section
113," after "person under this Act," in section 16 (1) (o).
[4] Section 16 (1A) (c) and (d) (ii) and (2B) (c)
Omit "a director or person concerned in the management of" wherever
occurring.
Insert instead "concerned in the management of, or a director of,".
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[5] Section 16 (1A) (d) (i)
Omit "who at any time in the last 3 years, was a director or person concerned
in the management of".
Insert instead "who was, at any time in the last 3 years, concerned in the
management of, or a director of,".
[6] Section 16 (1A) (d) (i)
Omit "such a director or person".
Insert instead "such a person or director".
Explanatory note
Item [1] of the proposed amendments to the Property, Stock and Business Agents Act
2002 (the Act) makes it clear that the holder of a real estate agent's licence can carry
on the business of an on-site residential property manager without the need to also hold
an on-site residential property manager's licence.
Item [2] of the proposed amendments amends section 14 (2) (c) of the Act to provide
that a corporation will be ineligible to hold a corporation licence if it is a disqualified
person or if any officer of the corporation is a disqualified person (currently a
corporation is ineligible to hold a corporation licence only if an officer of the corporation
is a disqualified person).
Item [3] of the proposed amendments provides that a person is a disqualified person
for the purposes of the Act if the person has failed to lodge a statutory declaration as
required by section 113 of the Act, unless the Director-General determines that in the
circumstances that failure should not disqualify the person.
Items [4][6] of the proposed amendments clarify that a director of an
externally-administered body corporate can be a disqualified person for the purposes
of the Act whether or not he or she is also a person concerned in the management of
the body corporate.
1.45 Public Finance and Audit Act 1983 No 152
[1] Section 33G Delegation of Auditor-General's functions
Omit "this Division". Insert instead "this or any other Act".
[2] Section 48A Review of Audit Office
Omit "Chairman" wherever occurring in section 48A (12) and (13).
Insert instead "Chair".
[3] Section 53 Definitions
Omit the definitions of Chairman and Vice-Chairman.
Insert in alphabetical order:
Chair means the Chair of the Committee.
Deputy Chair means the Deputy Chair of the Committee.
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[4] Sections 55, 56 (4)(6) and 58 (6)
Omit "Chairman" wherever occurring. Insert instead "Chair".
[5] Sections 55 and 56 (4)(6)
Omit "Vice-Chairman" wherever occurring.
Insert instead "Deputy Chair".
[6] Section 56 (4)
Omit "as chairman for". Insert instead "to chair".
Explanatory note
At present under section 33G of the Public Finance and Audit Act 1983, the
Auditor-General may delegate his or her employment related functions to a member of
staff of the Audit Office. Item [1] of the proposed amendments extends this power of
delegation to the Auditor-General's audit related functions.
Items [2][6] of the proposed amendments to the Public Finance and Audit Act 1983
change the titles of the presiding officers of a parliamentary committee to ensure
consistent titles are used across all parliamentary committees.
1.46 Public Works Act 1912 No 45
[1] Sections 14, 15 (1), 21 (b) and (d), 22, 25 (3), 29 (a) and 30
Omit "chairperson" wherever occurring. Insert instead "Chair".
[2] Sections 14, 21 (b) and (d), 22 (1) and (2), 25 (3) and 30
Omit "vice-chairperson" wherever occurring.
Insert instead "Deputy Chair".
[3] Sections 14 and 29 (a)
Omit "chairperson's" wherever occurring. Insert instead "Chair's".
[4] Fourth Schedule
Omit "Chairperson" wherever occurring. Insert instead "Chair".
[5] Fourth Schedule
Omit "Vice-Chairperson" wherever occurring.
Insert instead "Deputy Chair".
Explanatory note
The proposed amendments to the Public Works Act 1912 change the titles of the
presiding officers of a parliamentary committee to ensure consistent titles are used
across all parliamentary committees.
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1.47 Road Transport (Safety and Traffic Management) Act 1999
No 20
[1] Section 6 Application of Commonwealth Acts Interpretation Act
Insert "(whether with or without modifications)" after "apply" in section 6 (1).
[2] Section 57B Photographic evidence of public transport lane offences
Insert "or rules" after "regulations" wherever occurring in paragraph (c) of the
definition of public transport lane offence in section 57B (1).
[3] Schedule 1 Regulation-making powers
Insert after clause 9:
10 Updating references to outdated or incorrect references to
Australian Road Rules or Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999
(1) The repeal or amendment of any reference to the Australian Road
Rules or the Road Transport (Safety and Traffic Management)
(Road Rules) Regulation 1999 (or a provision of those Rules or
the Regulation) in any Act or statutory rule that is a reference that
is (or will become) out of date or otherwise incorrect by reason of
the repeal, amendment, renumbering, renaming or remaking of
those Rules or the Regulation (or a provision of those Rules or the
Regulation).
(2) This clause expires on 1 September 2008.
Note. The Australian Road Rules were incorporated into the law of New
South Wales by clause 6 of the Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999 on and from 1 December
1999. Clause 6 provided that, subject to that Regulation, the Australian
Road Rules were to be read with, and as if they formed part of, that
Regulation.
Explanatory note
Clause 5 of the Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999 (the Regulation) defines the Australian Road Rules to mean that part
of the publication known as the Australian Road Rules, ISBN 0 7240 8874 1, published
by the National Road Transport Commission on 19 October 1999 that comprises the
road rules approved by the Australian Transport Council under the National Road
Transport Commission Act 1991 of the Commonwealth on 29 January 1999 (together
with the amendments to those rules approved by the Council on 30 June 1999 and
11 October 1999).
This version of the Australian Road Rules is incorporated into the law of New South
Wales by clause 6 of the Regulation. Clause 6 provides that, subject to that Regulation,
the Australian Road Rules are to be read with, and as if they formed part of, the
Regulation.
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The Roads and Traffic Authority is currently undertaking the task of consolidating all of
the road rules applicable in New South Wales into a single set of Rules. This will
involve, among other things, the repeal of those provisions of the Regulation that give
effect to the Australian Road Rules. The intention is for all of the road rules to be set
out in full instead of being incorporated into the law of New South Wales by reference
(as is currently the case).
The amendments that are proposed to be made to the Road Transport (Safety and
Traffic Management) Act 1999 (the Act) will facilitate this process of consolidation.
Item [1] of the amendments confirms that regulations made under the Act may apply
the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the
interpretation of the Act or the regulations (or instruments made under them) either with
or without modification.
Item [2] of the amendments confirms that offences against rules made under the Act
may be prescribed as public transport lane offences for the purposes of section 57B of
the Act.
Item [3] of the amendments enables regulations made under that Act to amend Acts
and statutory rules for the purpose of updating or omitting references to the Australian
Road Rules or the Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999. The proposed new road rules regime will render many provisions in
the New South Wales statute book out of date. The proposed regulation-making power
will therefore enable these outdated references to be updated or omitted at the same
time as the new road rules regime commences. The power to make such regulations
will cease on 1 September 2008.
1.48 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 8 Registration of strata plans
Omit "The location plan must include" from section 8 (2).
Insert instead "The plan must be lodged with a separate document in the
approved form that includes".
[2] Section 8 (2)
Omit "The location plan must also".
Insert instead "The document must also".
[3] Section 8A Subdivision of development lot
Omit "The location plan must include" from section 8A (3).
Insert instead "The plan must be lodged with a separate document in the
approved form that includes".
[4] Section 8A (3)
Omit "The location plan must also".
Insert instead "The document must also".
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[5] Section 9 Subdivision of lots and common property
Omit "any location plan" from section 9 (3) (c1).
Insert instead "it is lodged with a separate document in the approved form
that".
[6] Section 12 Consolidation of lots
Insert "The plan must be lodged with a separate document in the approved
form relating to the plan." after "consolidation.".
[7] Section 14 Alteration of building affecting lot boundary
Insert after section 14 (1):
(1A) The plan must be lodged with a separate document in the
approved form relating to the plan.
[8] Section 16 Strata plans to be signed or consented to
Omit "unless the plan" from section 16 (1).
Insert instead "unless the separate document required to be lodged under this
Division with the plan".
[9] Section 16 (2A)
Omit the subsection.
[10] Section 16 (3)
Omit "the plan".
Insert instead "the separate document required to be lodged with the plan".
Commencement
The amendments to the Strata Schemes (Freehold Development) Act 1973 commence
on a day or days to be appointed by proclamation.
Explanatory note
Items [1][5] of the proposed amendments to the Strata Schemes (Freehold
Development) Act 1973 require certain information currently included in a plan
intended to be registered as a strata plan or a strata plan of subdivision to be included
instead in a separate document lodged with the plan.
Items [6] and [7] of the proposed amendments provide for a separate document to be
lodged with a strata plan of consolidation or a building alteration plan.
Items [8][10] of the proposed amendments will enable all signatures and consents
required for lodging plans with the Registrar-General to be endorsed on those separate
documents.
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1.49 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 7 Registration of strata plans
Omit "The location plan must include" from section 7 (2A).
Insert instead "The plan must be lodged with a separate document in the
approved form that includes".
[2] Section 7 (2A)
Omit "The location plan must also".
Insert instead "The document must also".
[3] Section 10 Subdivision of development lot
Omit "The location plan must include" from section 10 (3).
Insert instead "The plan must be lodged with a separate document in the
approved form that includes".
[4] Section 10 (3)
Omit "The location plan must also".
Insert instead "The document must also".
[5] Section 11 Subdivision of lots and common property
Omit "any location plan" from section 11 (2) (c1).
Insert instead "it is lodged with a separate document in the approved form
that".
[6] Section 15 Consolidation of lots
Insert "The plan must be lodged with a separate document in the approved
form relating to the plan." after "consolidation.".
[7] Section 17 Alteration of building affecting lot boundary
Insert after section 17 (1):
(1A) The plan must be lodged with a separate document in the
approved form relating to the plan.
[8] Section 19 Strata plans to be signed or consented to
Omit "unless the plan" from section 19 (1).
Insert instead "unless the separate document required to be lodged under
section 7 (2A) with the plan".
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[9] Section 19 (3)
Omit "unless the plan".
Insert instead "unless the separate document required to be lodged under this
Division with the plan".
[10] Section 19 (4A)
Omit the subsection.
[11] Section 19 (5)
Omit "the plan".
Insert instead "the separate document required to be lodged with the plan".
Commencement
The amendments to the Strata Schemes (Leasehold Development) Act 1986
commence on a day or days to be appointed by proclamation.
Explanatory note
Items [1][5] of the proposed amendments to the Strata Schemes (Leasehold
Development) Act 1986 require certain information currently included in a plan
intended to be registered as a strata plan or a strata plan of subdivision to be included
instead in a separate document lodged with the plan.
Items [6] and [7] of the proposed amendments provide for a separate document to be
lodged with a strata plan of consolidation or a building alteration plan.
Items [8][11] of the proposed amendments will enable all signatures and consents
required for lodging plans with the Registrar-General to be endorsed on those separate
documents.
1.50 Subordinate Legislation Act 1989 No 146
[1] Section 10 Staged repeal of statutory rules
Omit section 10 (3).
[2] Section 10 (4)
Omit "2007". Insert instead "2008".
[3] Section 10 (4) (b1)
Insert after section 10 (4) (b):
(b1) the Parking Space Levy Regulation 1997,
Explanatory note
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
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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 five occasions.
Items [2] and [3] of the proposed amendments have the effect of keeping the Day
Procedure Centres Regulation 1996, the Liquor Regulation 1996, the Parking Space
Levy Regulation 1997, the Private Hospitals Regulation 1996 and the Registered Clubs
Regulation 1996 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.
This is necessary as the Regulations have each been postponed on five occasions,
and are now due to be repealed on 1 September 2007. 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 made under those 3 Acts. In
addition, a review is being undertaken of the Parking Space Levy Act 1992 and this is
likely to result in changes to that Act and the Regulation. In view of these matters, there
seems little point in remaking the Regulations. 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.
Item [1] of the proposed amendments repeals a redundant subsection.
1.51 Threatened Species Conservation Act 1995 No 101
[1] Section 127ZK Application for biobanking statement in respect of
development
Omit "an approved form" from section 127ZK (2).
Insert instead "a form approved by the Director-General".
[2] Schedule 1 Endangered species, populations and ecological
communities
Insert an asterisk before the following italicised entries (appearing under the
following headings) in Part 1:
Animals
Vertebrates
Amphibians
Hylidae
Litoria aurea (Lesson, 1829) Green and Golden Bell Frog
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Schedule 1 Minor amendments
Litoria raniformis (Keferstein, 1867) Southern Bell Frog
Litoria verreauxii alpina (Fry, 1915) Alpine Tree Frog
Myobatrachidae
Mixophyes balbus Straughan, 1968 Stuttering Frog
Mixophyes fleayi Corben & Ingram, 1987 Fleay's Barred Frog
Reptiles
Scincidae
Anomalopus mackayi Greer & Cogger, 1985 Five-clawed Worm-skink
Elapidae
Hoplocephalus bungaroides (Schlegel, 1837) Broad-headed Snake
Birds
Megapodiidae
Leipoa ocellata Gould, 1840 Malleefowl
Diomedeidae
Diomedea exulans Linnaeus, 1758 Wandering Albatross
Accipitridae
Erythrotriorchis radiatus (Latham, 1801) Red Goshawk
Turnicidae
Turnix melanogaster (Gould, 1837) Black-breasted Button-quail
Pedionomidae
Pedionomus torquatus Gould, 1840 Plains-wanderer
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Columbidae
Geophaps scripta (Temminck, 1821) Squatter Pigeon
Psittacidae
Neophema chrysogaster (Latham, 1790) Orange-bellied Parrot
Polytelis anthopeplus monarchoides Schodde, Regent Parrot (eastern
1993 subspecies)
Maluridae
Amytornis barbatus barbatus, Favaloro & Grey Grasswren
McEvey, 1968
Amytornis textilis modestus (North, 1902) Thick-billed Grasswren
(eastern subspecies)
Pachycephalidae
Pachycephala rufogularis Gould, 1841 Red-lored Whistler
Passeridae
Poephila cincta cincta (Gould, 1837) Black-throated Finch
(southern subspecies)
Mammals
Peramelidae
Isoodon obesulus obesulus (Shaw, 1797) Southern Brown Bandicoot
(eastern)
Burramyidae
Burramys parvus Broom, 1896 Mountain Pygmy-possum
Macropodidae
Petrogale xanthopus Gray, 1855 Yellow-footed
Rock-wallaby
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Invertebrates
Molluscs
Bulimulidae
Placostylus bivaricosus (Gaskoin, 1855) a land snail
Camaenidae
Thersites mitchellae (Cox, 1864) a land snail
Arthropoda
Insecta
Lepidoptera
Castniidae
Synemon plana Walker, 1854 Golden Sun Moth
Lycaenidae
Paralucia spinifera Edwards and Common, 1978 Bathurst Copper Butterfly
Phasmatodea
Phasmatidae
Dryococelus australis Montrouzier, 1855 Lord Howe Island Phasmid
Plants
Acanthaceae
Xerothamnella parvifolia C. White
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Asclepiadaceae
Marsdenia longiloba Benth.
Brassicaceae
Lepidium peregrinum Thell.
Lepidium pseudopapillosum Thell.
Convolvulaceae
Calystegia affinis Endl.
Cyperaceae
Cyperus semifertilis S.T. Blake
Eriocaulaceae
Eriocaulon australasicum (F. Muell.) Korn.
Fabaceae
Acacia bynoeana Benth.
Acacia macnuttiana Maiden & Blakely
Acacia pubifolia Pedley
Almaleea cambagei (Maiden & E. Betche) Crisp & P. Weston
Pultenaea sp. Genowlan Point (NSW 417813)
Pultenaea parviflora Sieber ex DC.
Myrtaceae
Baeckea kandos A.R. Bean
Eucalyptus scoparia Maiden
Micromyrtus minutiflora (F. Muell.) Benth.
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Orchidaceae
Caladenia concolor Fitzg.
Caladenia tessellata Fitzg.
Diuris aequalis F. Muell. ex Fitzg.
Poaceae
Austrostipa nullanulla (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs & J. Everett
Plinthanthesis rodwayi (C.E. Hubb) S.T. Blake
Proteaceae
Eidothea hardeniana P.H. Weston & R.M. Kooyman
Persoonia bargoensis P.H. Weston & L.A.S. Johnson
Persoonia pauciflora P.H. Weston
Rhamnaceae
Pomaderris sericea Wakef.
Rutaceae
Phebalium glandulosum subsp. eglandulosum (Blakely) Paul G. Wilson
Zieria citriodora J.A. Armstrong
Zieria involucrata R. Br. ex Benth.
[3] Schedule 1, Part 3
Insert an asterisk before the following entries:
Hunter Valley Weeping Myall Woodland of the Sydney Basin Bioregion (as
described in the final determination of the Scientific Committee to list the
ecological community)
Semi-evergreen Vine Thicket in the Brigalow Belt South and Nandewar
Bioregions (as described in the final determination of the Scientific Committee to
list the ecological community)
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Shale/Sandstone Transition Forest (as described in the final determination of the
Scientific Committee to list the ecological community)
Sydney Turpentine-Ironbark Forest (as described in the final determination of the
Scientific Committee to list the ecological community)
White Box Yellow Box Blakely's Red Gum Woodland (as described in the final
determination of the Scientific Committee to list the ecological community)
[4] Schedule 1, Part 4
Insert an asterisk before the following italicised entries (appearing under the
following headings):
Animals
Vertebrates
Birds
Psittacidae
Pezoporus occidentalis (Gould, 1861) Night Parrot
Passeridae
Neochmia ruficauda (Gould, 1837) Star Finch
Mammals
Dasyuridae
Dasycercus cristicauda (Krefft, 1867) Mulgara
Dasyurus geoffroii Gould, 1841 Western Quoll
Phascogale calura Gould, 1844 Red-tailed Phascogale
Myrmecobiidae
Myrmecobius fasciatus Waterhouse, 1836 Numbat
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Peramelidae
Isoodon auratus auratus (Ramsay, 1887) Golden Bandicoot
(mainland)
Macrotis lagotis (Reid, 1837) Bilby
Vombatidae
Lasiorhinus krefftii (Owen, 1872) Northern Hairy-nosed
Wombat
Potoroidae
Bettongia gaimardi (Desmarest, 1822) Tasmanian Bettong
Bettongia tropica Wakefield, 1967 Northern Bettong
Macropodidae
Onychogalea fraenata (Gould, 1841) Bridled Nailtail Wallaby
Vespertilionidae
Nyctophilus howensis McKean, 1973 Lord Howe Island Bat
Muridae
Leporillus conditor (Sturt, 1848) Greater Stick-nest Rat
Pseudomys australis Gray, 1832 Plains Rat
Plants
Acanthaceae
Rhaphidospora bonneyana (F. Muell.) R. Barker
Asteraceae
Senecio behrianus Sonder & F. Muell.
Stemmacantha australis (Gaudich.) Dittr.
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Gyrostemonaceae
Codonocarpus pyramidalis (F. Muell.) F. Muell.
Orchidaceae
Caladenia rosella G.W. Carr
Thelymitra epipactoides F. Muell.
Rosaceae
Aphanes pentamera Rothm.
[5] Schedule 2 Vulnerable species and ecological communities
Insert an asterisk before the following italicised entries (appearing under the
following headings) in Part 1:
Animals
Vertebrates
Amphibians
Hylidae
Litoria littlejohni A.W. White, Whitford & Littlejohn's Tree Frog
Mahony (1994)
Reptiles
Chelidae
Elseya belli (Gray, 1844) Bell's Turtle
Emydura macquarii (Gray, 1830) (Bellinger River) Bellinger River Emydura
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Birds
Diomedeidae
Thalassarche cauta (Gould, 1841) Black-browed Albatross
Thalassarche melanophris (Temminck, 1828) Shy Albatross
Hydrobatidae
Fregetta grallaria (Vieillot, 1817) White-bellied Storm-petrel
Mammals
Dasyuridae
Dasyurus maculatus (Kerr, 1792) Spotted-tailed Quoll
Potoroidae
Potorous tridactylus (Kerr, 1792) Long-nosed Potoroo
Pteropodidae
Pteropus poliocephalus Temminck, 1825 Grey-headed Flying-fox
Vespertilionidae
Chalinolobus dwyeri Ryan, 1966 Large-eared Pied Bat
Marine mammals
Balaenidae
Eubalaena australis (Desmoulins, 1822) Southern Right Whale
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Plants
Apocynaceae
Parsonsia dorrigoensis J.B. Williams ms
Proteaceae
Grevillea molyneuxii D.J. McGillivray
Hakea archaeoides W.R. Barker
Rutaceae
Boronia granitica Maiden & E. Betche
[6] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Procellariidae" (under
the headings "Animals", "Vertebrates" and "Birds").
Insert instead:
Procellariidae
* Macronectes halli Mathews, 1912 Northern Giant-petrel
* Pterodroma neglecta neglecta (Schlegel, 1863) Kermadec Petrel (west
Pacific subspecies)
Pterodroma nigripennis (Rothschild, 1893) Black-winged Petrel
Pterodroma solandri (Gould, 1844) Providence Petrel
Puffinus assimilis Gould, 1838 Little Shearwater
Puffinus carneipes Gould, 1844 Flesh-footed Shearwater
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[7] Schedule 2, Part 1
Omit the headings, and all entries under the headings, "Areidae" and
"Accipitridae" (under the headings "Animals", "Vertebrates" and "Birds").
Insert instead:
Areidae
Botaurus poiciloptilus (Wagler, 1827) Australasian Bittern
Ixobrychus flavicollis (Latham, 1790) Black Bittern
Accipitridae
Hamirostra melanosternon (Gould, 1841) Black-breasted Buzzard
Lophoictinia isura (Gould, 1838) Square-tailed Kite
Pandion haliaetus (Linnaeus, 1758) Osprey
[8] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Scolopacidae" (under the
headings "Animals", "Vertebrates" and "Birds").
Insert instead:
Scolopacidae
Calidris alba (Pallas, 1764) Sanderling
Calidris tenuirostris (Horsfield, 1821) Great Knot
Limicola falcinellus (Pontoppidan, 1763) Broad-billed Sandpiper
Limosa limosa (Linnaeus, 1758) Black-tailed Godwit
Xenus cinereus (Güldenstädt, 1775) Terek Sandpiper
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[9] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Laridae" (under the
headings "Animals", "Vertebrates" and "Birds").
Insert instead:
Laridae
Gygis alba (Sparrman, 1786) White Tern
Procelsterna cerulea (Bennett, 1840) Grey Ternlet
Sterna fuscata Linnaeus, 1766 Sooty Tern
[10] Schedule 2, Part 1
Omit the headings, and all entries under the headings, "Cacatuidae" and
"Psittacidae" (under the headings "Animals", "Vertebrates" and "Birds").
Insert instead:
Cacatuidae
Cacatua leadbeateri (Vigors, 1831) Major Mitchell's Cockatoo
Callocephalon fimbriatum (Grant, 1803) Gang-gang Cockatoo
Calyptorhynchus banksii (Latham, 1790) Red-tailed Black-Cockatoo
Calyptorhynchus lathami (Temminck, 1807) Glossy Black-Cockatoo
Psittacidae
Glossopsitta porphyrocephala (Dietrichsen, 1837) Purple-crowned Lorikeet
Neophema pulchella (Shaw, 1792) Turquoise Parrot
Neophema splendida (Gould, 1841) Scarlet-chested Parrot
Pezoporus wallicus wallicus (Kerr, 1792) Eastern Ground Parrot
* Polytelis swainsonii (Desmarest, 1826) Superb Parrot
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[11] Schedule 2, Part 1
Omit the headings, and all entries under the headings, "Pardalotidae",
"Meliphagidae" and "Petroicidae" (under the headings "Animals",
"Vertebrates" and "Birds").
Insert instead:
Pardalotidae
Calamanthus fuliginosus (Vigors & Horsfield, Striated Fieldwren
1827)
Hylacola cauta Gould, 1843 Shy Heathwren
Pyrrholaemus brunneus Gould, 1841 Redthroat
Pyrrholaemus saggitatus (Latham, 1802) Speckled Warbler
Meliphagidae
Certhionyx variegatus Lesson, 1830 Pied Honeyeater
Grantiella picta (Gould, 1838) Painted Honeyeater
Lichenostomus cratitius (Gould, 1841) Purple-gaped Honeyeater
Lichenostomus fasciogularis (Gould, 1854) Mangrove Honeyeater
Melithreptus gularis gularis (Gould, 1837) Black-chinned Honeyeater
(eastern subspecies)
Petroicidae
Drymodes brunneopygia Gould, 1841 Southern Scrub-robin
Melanodryas cucullata cucullata (Latham, 1802) Hooded Robin
(south-eastern form)
Petroica rodinogaster (Drapiez, 1819) Pink Robin
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[12] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Dasyuridae" (under the
headings "Animals", "Vertebrates" and "Mammals").
Insert instead:
Dasyuridae
* Dasyurus maculatus (Kerr, 1792) Spotted-tailed Quoll
Ningaui yvonneae Kitchener, Stoddart & Henry, Southern Ningaui
1983
Phascogale tapoatafa (Meyer, 1793) Brush-tailed Phascogale
Planigale maculata (Gould, 1851) Common Planigale
Sminthopsis leucopus (Gray, 1842) White-footed Dunnart
Sminthopsis macroura (Gould, 1845) Stripe-faced Dunnart
[13] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Pteropodidae" (under the
headings "Animals", "Vertebrates" and "Mammals").
Insert instead:
Pteropodidae
Nyctimene robinsoni Thomas, 1904 Eastern Tube-nosed Bat
Pteropus alecto Temminck, 1837 Black Flying-fox
* Pteropus poliocephalus Temminck, 1825 Grey-headed Flying-fox
Syconycteris australis (Peters, 1867) Common Blossom-bat
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[14] Schedule 2, Part 1
Omit the heading, and all entries under the heading, "Vespertilionidae" (under
the headings "Animals", "Vertebrates" and "Mammals").
Insert instead:
Vespertilionidae
* Chalinolobus dwyeri Ryan, 1966 Large-eared Pied Bat
Chalinolobus nigrogriseus (Gould, 1856) Hoary Wattled Bat
Chalinolobus picatus (Gould, 1852) Little Pied Bat
Falsistrellus tasmaniensis (Gould, 1858) Eastern False Pipistrelle
Kerivoula papuensis Dobson, 1878 Golden-tipped Bat
Miniopterus australis (Tomes, 1858) Little Bentwing-bat
Miniopterus schreibersii oceanensis Maeda, 1982 Eastern Bentwing-bat
Myotis adversus (Horsfield, 1824) Large-footed Myotis
Nyctophilus bifax Thomas, 1915 Eastern Long-eared Bat
* Nyctophilus timoriensis (Geoffroy, 1806) Greater Long-eared Bat
(South-eastern form)
Scoteanax rueppellii (Peters, 1866) Greater Broad-nosed Bat
Vespadelus baverstocki (Kitchener, Jones & Inland Forest Bat
Caputi, 1987)
Vespadelus troughtoni (Kitchener, Jones & Caputi, Eastern Cave Bat
1987)
Explanatory note
Item [1] of the proposed amendments to the Threatened Species Conservation Act
1995 (the Act) amends section 127ZK of the Act to clarify that an application for a
biobanking statement under the Act must be made in a form approved by the
Director-General of the Department of Environment and Climate Change.
Parts 1, 3 and 4 of Schedule 1 to the Act contain, respectively, lists of endangered
species, endangered ecological communities and species presumed extinct. Part 1 of
Schedule 2 to the Act contains lists of vulnerable species. Any endangered species,
species presumed extinct or vulnerable species that is a listed threatened species
under the Environment Protection and Biodiversity Conservation Act 1999 of the
Commonwealth, and any endangered ecological community that is listed as a
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Minor amendments Schedule 1
threatened ecological community under that Act, is marked with an asterisk to show
that it is considered to be threatened nationally.
Items [2][5] of the proposed amendments insert asterisks next to descriptions of
species and communities in Parts 1, 3 and 4 of Schedule 1 and Part 1 of Schedule 2
to the Act to indicate their national status as threatened species and communities.
Items [6][14] of the proposed amendments rearrange the descriptions of species
within certain families in Part 1 of Schedule 2 to the Act so that they appear in
alphabetical order, no matter is added or deleted. Item [14] also corrects the common
name listed for the bat species Nyctophilus timoriensis and inserts an asterisk next to
the description of that species to indicate its national status as a threatened species.
1.52 Travel Agents Act 1986 No 5
[1] Section 7A Application to licences of Licensing and Registration
(Uniform Procedures) Act 2002
Omit section 7A (3) (b). Insert instead:
(b) an application for restoration of a licence under section 10
of that Act may be made only in respect of a licence that is
cancelled under section 17 (9) of this Act, and any such
application may not be made more than 3 months after the
date on which the licence is cancelled.
[2] Section 17 Annual fee and annual statement
Omit section 17 (9A) and (9B).
Explanatory note
Section 7A (3) (b) of the Travel Agents Act 1986 (the Act) currently provides that an
application for the restoration of a travel agent's licence may not be made more than
3 months after the date on which the licence "expires". However, section 16 (1) of the
Act makes it clear that a licence does not expire, it continues in force until, pursuant to
the provisions of the Act, it is surrendered or cancelled.
Item [1] of the proposed amendments clarifies the intended effect of section 7A (3) (b)
by providing that a person may make an application for restoration of a licence under
section 10 of the Licensing and Registration (Uniform Procedures) Act 2002 only in
respect of a licence that is cancelled under section 17 (9) of the Act (failure to pay a fee
or lodge a statement). Any such application may not be made more than 3 months after
the date on which the licence is cancelled.
Item [2] of the proposed amendments omits provisions consequential on the
amendment made by item [1].
1.53 Valuation of Land Act 1916 No 2
[1] Section 4 Definitions
Omit the definition of Joint Committee from section 4 (1).
[2] Section 14I Valuing Crown lease restricted land
Omit "perpetual lease," from section 14I (2) (b).
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[3] Part 8 Parliamentary Joint Committee
Omit the Part.
Explanatory note
Items [1] and [3] of the proposed amendments to the Valuation of Land Act 1916 omit
a redundant definition and an expired Part of the Act.
Item [2] of the proposed amendments removes an erroneous reference to perpetual
leases in the definition of land that is Crown lease restricted.
1.54 Valuers Act 2003 No 4
Section 9 Disqualification from registration
Omit "a director or person concerned in the management of" from section
9 (1) (b).
Insert instead "concerned in the management of, or a director of,".
Explanatory note
The proposed amendment to the Valuers Act 2003 makes it clear that a director of a
corporation that is the subject of a winding-up order or for which a controller or
administrator has been appointed can be a disqualified person for the purposes of the
Act whether or not he or she is also a person concerned in the management of the
corporation.
1.55 Workers Compensation Act 1987 No 70
[1] Section 173B Redetermination of premium and payment of interest
Omit "providing for interest)" from section 173B (1) (d).
Insert instead "providing for interest".
[2] Section 173B (1) (d)
Omit "original premium.". Insert instead "original premium).".
[3] Schedule 1 Adjacent areas
Insert in alphabetical order in clause 1:
Joint Petroleum Development Area has the same meaning as in
the Petroleum (Timor Sea Treaty) Act 2003 of the
Commonwealth.
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Minor amendments Schedule 1
[4] Schedule 1, clause 2
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967" wherever
occurring.
Insert instead "Schedule 1 to the Offshore Petroleum Act 2006".
[5] Schedule 1, clause 2 (2) (b)
Omit "subsection (7) of section 5A of the Petroleum (Submerged Lands) Act
1967".
Insert instead "section 7 (2) of the Offshore Petroleum Act 2006".
[6] Schedule 1, clause 2 (3) (b) and (4) (a) (ii)
Omit "Area A of the Zone of Cooperation" wherever occurring.
Insert instead "the Joint Petroleum Development Area".
[7] Schedule 1, clause 2 (4) (b)
Omit "adjacent area". Insert instead "offshore area".
[8] Schedule 1, clause 2 (4) (b)
Omit "subsection (3) of section 5A of the Petroleum (Submerged Lands) Act
1967".
Insert instead "section 7 (1) of the Offshore Petroleum Act 2006".
[9] Schedule 1, clause 2 (6)
Insert after clause 2 (5):
(6) A reference in this clause to the area described in Schedule 1 to
the Offshore Petroleum Act 2006 of the Commonwealth in
relation to a State or Territory is a reference to the scheduled area
for that State or Territory within the meaning given by that
Schedule.
Commencement
Items [4], [5] and [7][9] of the amendments to the Workers Compensation Act 1987
commence:
(a) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences on or before the date of assent to this Act--on the date of assent
to this Act, or
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Schedule 1 Minor amendments
(b) if Chapter 2 of the Offshore Petroleum Act 2006 of the Commonwealth
commences after the date of assent to this Act--on the day on which that
Chapter commences.
Explanatory note
Items [1] and [2] of the proposed amendments to the Workers Compensation Act 1987
correct typographical errors.
Items [4], [5] and [7][9] of the proposed amendments are consequential on the repeal
of the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the
commencement of the Offshore Petroleum Act 2006 of the Commonwealth.
Items [3] and [6] of the proposed amendments are consequential on the repeal of the
Petroleum (Timor Gap Zone of Cooperation) Act 1990 of the Commonwealth and the
enactment of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth.
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Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Art Gallery of New South Wales Act 1980 No 65
Section 4 (3)
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.2 Australian Museum Trust Act 1975 No 95
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.3 Boxing and Wrestling Control Act 1986 No 11
Section 3 (5)
Insert after section 3 (4):
(5) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.4 Building and Construction Industry Long Service Payments
Act 1986 No 19
Section 3 (8)
Insert after section 3 (7):
(8) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
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2.5 Casino Control Act 1992 No 15
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.6 Centennial Park and Moore Park Trust Act 1983 No 145
Section 4 (3)
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.7 Central Coast Water Corporation Act 2006 No 105
Schedule 8, clause 7 (1)
Omit "redundacy". Insert instead "redundancy".
Explanatory note
The proposed amendment corrects a typographical error.
2.8 Children and Young Persons (Care and Protection) Act 1998
No 157
Section 106A (5)
Omit "Community Services (Complaint, Reviews and Monitoring) Act 1993".
Insert instead "Community Services (Complaints, Reviews and Monitoring)
Act 1993".
Explanatory note
The proposed amendment corrects the citation of an Act.
2.9 Children's Court Rule 2000
[1] Clause 18A, note
Omit "Regulation". Insert instead "Rule".
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[2] Clause 20 (1)
Omit "Children (Care and Protection) Act 1998".
Insert instead "Children and Young Persons (Care and Protection) Act 1998".
Explanatory note
Item [1] of the proposed amendments corrects a reference.
Item [2] of the proposed amendments corrects the citation of an Act.
2.10 Coal Mine Health and Safety Act 2002 No 129
[1] Section 3, definition of "inflammable gas"
Omit the definition. Insert in alphabetical order:
flammable gas means methane, carbon monoxide or hydrogen.
[2] Sections 171 (1) (a), 193 (ac) and (ap) and 194
Omit "inflammable" wherever occurring. Insert instead "flammable".
[3] Schedule 2.4 [2]
Omit "section 4 (1) of the Supreme Court (Summary Jurisdiction) Act 1967".
Insert instead "section 246 (1) of the Criminal Procedure Act 1986".
[4] Schedule 2.19 [4]
Omit "10 (2) (b)". Insert instead "10 (2) (b2)"
Explanatory note
Items [1] and [2] of the proposed amendments replace words to ensure consistency
with related legislation.
Item [3] of the proposed amendments corrects a cross-reference.
Item [4] of the proposed amendments corrects an incorporation direction.
2.11 Coal Mine Health and Safety Regulation 2006
[1] Clause 2 (2)
Omit "149 (1) (c)(h)".
Insert instead "paragraphs (c)(h) of the definition of licensable activity in
clause 149 (1)".
[2] Clause 3 (1), definition of "inflammable material"
Omit the definition. Insert in alphabetical order:
flammable material includes a flammable gas, a flammable
liquid and a flammable solid, as defined in the ADG Code as
dangerous goods of class 2.1, class 3 and class 4.
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[3] Clauses 3 (1), definition of "intrinsically safe", 15 (1) (r) (ii) (A) and (v), 18
(1) (f), note, 19 (1) (k) (i), 21 (b) (ii), 28 (b) (iii) (B), 33, 36 (k), 67 (1) and (2),
92 (1), 93 (1) and (2), 111, 127 (1), (3) and (7) and Schedule 2, clause 9 (d)
Omit "inflammable" wherever occurring. Insert instead "flammable".
[4] Clauses 21, 74 and 92 (1)
Omit "undergound" wherever occurring. Insert instead "underground".
[5] Clause 68 (1) (b)
Omit "non-inflammable". Insert instead "non-flammable".
[6] Part 4, Division 3, Subdivision 6, heading
Omit "inflammable". Insert instead "flammable".
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Items [2], [3], [5] and [6] of the proposed amendments replace words to ensure
consistency with related legislation.
Item [4] of the proposed amendments corrects typographical errors.
2.12 Crimes (Appeal and Review) Act 2001 No 120
Part 7, Division 1, note
Omit the note.
Explanatory note
The proposed amendment omits a redundant note.
2.13 Drug Misuse and Trafficking Act 1985 No 226
Section 39RA (5) (b)
Omit "a the NSW Police Force". Insert instead "a NSW Police Force".
Explanatory note
The proposed amendment omits a redundant word.
2.14 Dust Diseases Tribunal Regulation 2007
[1] Clause 2, definition of "corporation"
Omit "Corporations Law".
Insert instead "Corporations Act 2001 of the Commonwealth".
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[2] Clauses 56 (1) (c) and 57 (2) (b) and (5)
Insert "of Form 2" after "Part 8 (Apportionment of liability among
defendants)" wherever occurring.
[3] Clause 57 (7)
Insert "of Form 2" after "Part 8".
Explanatory note
Item [1] of the proposed amendments corrects the citation of an Act.
Items [2] and [3] of the proposed amendments correct references.
2.15 Election Funding Act 1981 No 78
Section 4 (11)
Insert after section 4 (10):
(11) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.16 Environmental Planning and Assessment Act 1979 No 203
Schedule 6, clause 108 (4)
Omit "[18] and [25]". Insert instead "[21] and [29]".
Explanatory note
The proposed amendment corrects a cross-reference.
2.17 Environmental Planning and Assessment Amendment
(Compliance Certificates) Regulation 2007
Schedule 1 [5], proposed clause 290
Renumber the clause as clause 291.
Explanatory note
The proposed amendment corrects duplicated clause numbering.
2.18 Environmental Planning and Assessment Regulation 2000
Clause 256A (1) and (1A)
Omit "clause 245" wherever occurring. Insert instead "clause 245AA".
Explanatory note
The proposed amendment corrects cross-references to a renumbered clause.
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2.19 Film and Television Office Act 1988 No 18
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.20 Forestry Act 1916 No 55
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.21 Gas Supply (Gas Appliances) Regulation 2004
Clause 18 (2) (c)
Omit "clause 5 (2) (b)". Insert instead "clause 5 (2) (a)".
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
2.22 Gosford Local Environmental Plan No 22
Clause 116A
Renumber the clause as clause 16A.
Explanatory note
The proposed amendment corrects the numbering of a provision.
2.23 Government Telecommunications Act 1991 No 77
Section 3 (5)
Insert after section 3 (4):
(5) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
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2.24 Great Lakes Local Environmental Plan 1996
Clause 32, Table
Omit "Forsters" from clause 5 (1). Insert instead "Forster".
Explanatory note
The proposed amendment corrects a typographical error.
2.25 Historic Houses Act 1980 No 94
Section 4 (4)
Insert after section 4 (3):
(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.26 Home Care Service Act 1988 No 6
Section 3 (4)
Insert after section 3 (3):
(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.27 Independent Pricing and Regulatory Tribunal Act 1992 No 39
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.28 Institute of Sport Act 1995 No 52
Section 3 (2)
Insert at the end of section 3:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
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2.29 Internal Audit Bureau Act 1992 No 20
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.30 Landlord and Tenant (Rental Bonds) Act 1977 No 44
Section 4 (4)
Insert after section 4 (3):
(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.31 Library Act 1939 No 40
Section 2 (2)
Insert at the end of section 2:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.32 Lord Howe Island Act 1953 No 39
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.33 Motor Vehicle Repairs Act 1980 No 71
Section 4 (4)
Insert after section 4 (3):
(4) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
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2.34 Mulwaree Local Environmental Plan 1995
Clause 36 (2)
Omit "the Sydney". Insert instead "The Sydney".
Explanatory note
The proposed amendment corrects a typographical error.
2.35 Museum of Applied Arts and Sciences Act 1945 No 31
Section 2 (2)
Insert at the end of section 2:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.36 Natural Resources Commission Act 2003 No 102
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.37 New South Wales Institute of Psychiatry Act 1964 No 44
Section 2 (2)
Insert at the end of section 2:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.38 Nurses and Midwives Amendment (Performance
Assessment) Act 2004 No 100
Schedule 1 [5]
Omit "section 181 (4)". Insert instead "section 56 (7)".
Explanatory note
The proposed amendment corrects an incorporation direction.
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2.39 Parramatta Park Trust Act 2001 No 17
Section 29 (3) (a) (ii)
Omit "the prescribed". Insert instead "such an authorised".
Explanatory note
The proposed amendment corrects a reference to an officer.
2.40 Parramatta Stadium Trust Act 1988 No 86
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.41 Protection of the Environment Administration Act 1991
No 60
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.42 Protection of the Environment Operations (Clean Air)
Regulation 2002
Clause 44
Insert "Act" after "Assessment".
Explanatory note
The proposed amendment corrects the citation of an Act.
2.43 Public Sector Employment and Management (Transport and
Population Data Centre) Order 2007
Clause 3 (2)
Omit "intrument". Insert instead "instrument".
Explanatory note
The proposed amendment corrects a typographical error.
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2.44 RedfernWaterloo Authority Act 2004 No 107
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.45 Royal Botanic Gardens and Domain Trust Act 1980 No 19
Section 4 (3)
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.46 Rural Assistance Act 1989 No 97
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.47 Shoalhaven Local Environmental Plan 1985
[1] Clause 20C, definition of "heritage item"
Omit "building work, relic tree". Insert instead "building, work, relic, tree".
[2] Schedule 7, Part 1
Omit "Cinnamonum" from the matter relating to Berry.
Insert instead "Cinnamomum".
[3] Schedule 7, Part 1
Omit "St Lukes" from the matter relating to Berry.
Insert instead "St Luke's".
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[4] Schedule 7, Part 1
Omit " "Applegarth--Dairy" from the matter relating to Milton.
Insert instead " `Applegarth'--Dairy".
[5] Schedule 7, Part 1
Omit "St Andrews" from the matter relating to Nowra.
Insert instead "St Andrew's".
Explanatory note
Items [1][5] of the proposed amendments correct typographical errors.
2.48 Small Business Development Corporation Act 1984 No 119
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.49 Snowy River Rural Local Environmental Plan 2007
[1] Clause 16, Table
Omit "Murrimbidgee" from item 1 (Locality objectives) of the matter relating
to Locality 2.
Insert instead "Murrumbidgee".
[2] Clause 16, Table
Renumber subparagraph (iii) of paragraph (b) in item 1 (Locality objectives)
of the matter relating to Locality 7 as subparagraph (ii).
[3] Clause 50 (1) and (2)
Omit "Murrimbidgee" wherever occurring.
Insert instead "Murrumbidgee".
Explanatory note
Items [1] and [3] of the proposed amendments correct typographical errors.
Item [2] of the proposed amendments corrects the numbering of a provision.
Page 72
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments by way of statute law revision Schedule 2
2.50 State Sports Centre Trust Act 1984 No 68
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.51 Surveying Act 2002 No 83
[1] Section 9A (6) (b) (ii)
Omit "of Coal Mines".
Insert instead "appointed under the Coal Mine Health and Safety Act 2002".
[2] Section 36 (3) (c)
Omit the paragraph.
Explanatory note
Item [1] of the proposed amendments updates a reference to an office holder.
Item [2] of the proposed amendments removes a duplicate citation.
2.52 Sutherland Shire Local Environmental Plan 2006
Schedule 6
Omit "Lommond" from item number Lf31 under the heading "Burraneer".
Insert instead "Lomond".
Explanatory note
The proposed amendment corrects a typographical error.
2.53 Sydney Cricket and Sports Ground Act 1978 No 72
Section 4 (3)
Insert after section 4 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Page 73
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 2 Amendments by way of statute law revision
2.54 Sydney Opera House Trust Act 1961 No 9
Section 2 (2)
Insert at the end of section 2:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.55 Sydney Water Catchment Management Act 1998 No 171
Section 3 (2)
Insert at the end of section 3:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.56 Teacher Housing Authority Act 1975 No 27
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.57 Tourism New South Wales Act 1984 No 46
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.58 Uniform Civil Procedure Rules 2005
Rules 16.4 (3), 16.5 (2), 16.6 (2), 16.7 (2) and 39.3 (2)
Omit ", as the case may be" wherever occurring in the notes to the rules.
Explanatory note
The proposed amendment removes redundant text.
Page 74
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments by way of statute law revision Schedule 2
2.59 Water Sharing Plan for the Lower Gwydir Groundwater
Source 2003
[1] Clause 25C (3) (b)
Renumber subparagraph (iii) where secondly occurring as subparagraph (iiia).
[2] Clause 29 (8)
Omit "year, and". Insert instead "year.".
Explanatory note
Item [1] of the proposed amendments corrects duplicate numbering.
Item [2] of the proposed amendments removes a redundant word.
2.60 Western Sydney Parklands Act 2006 No 92
Schedule 5.1
Omit "section 47". Insert instead "section 48".
Explanatory note
The proposed amendment corrects a cross-reference.
2.61 Wild Dog Destruction Act 1921 No 17
Section 3 (2)
Insert at the end of section 3:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.62 Wollondilly Local Environmental Plan 1991
Schedule 1
Insert "2" after "Lots 1 and" in item 3 of the matter relating to Camden.
Explanatory note
The proposed amendment inserts a missing number.
2.63 Wollongong City Centre Local Environmental Plan 2007
Dictionary, definition of "coastal lake"
Omit "Policy 71". Insert instead "Policy No 71".
Explanatory note
The proposed amendment corrects the citation of an instrument.
Page 75
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 2 Amendments by way of statute law revision
2.64 Wollongong Sportsground Act 1986 No 174
Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.65 Zoological Parks Board Act 1973 No 34
Section 4 (2)
Insert at the end of section 4:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
Page 76
Statute Law (Miscellaneous Provisions) Bill 2007
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 Schedule 3 replace references in various Acts to a legal practitioner,
interstate legal practitioner, solicitor, barrister or lawyer with the appropriate term for
these positions following the enactment of the Legal Profession Act 2004. Currently,
the meanings of Australian legal practitioner and Australian lawyer are set out in
section 21 (1) of the Interpretation Act 1987 for ease of reference in other Acts.
3.1 Growth Centres (Development Corporations) Act 1974 No 49
Section 33 (6) (e)
Omit "solicitor". Insert instead "Australian legal practitioner".
3.2 Guardianship Act 1987 No 257
[1] Section 5, definition of "eligible witness"
Omit paragraph (a) (i) and (ii) of the definition. Insert instead:
(i) an Australian legal practitioner,
[2] Section 5, definition of "interstate legal practitioner"
Omit the definition.
[3] Section 6O (3)
Omit "a qualified interstate legal practitioner".
Insert instead "an Australian legal practitioner".
[4] Section 6O (5), definition of "qualified interstate legal practitioner"
Omit the definition.
[5] Section 58 (1)
Omit "a barrister, solicitor or agent".
Insert instead "an Australian legal practitioner or an agent".
Page 77
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 3 Amendments consequential on the enactment of the Legal Profession Act
2004 No 112
3.3 Harness Racing Act 2002 No 39
Section 54 (2) (b)
Omit "solicitor". Insert instead "Australian legal practitioner".
3.4 HomeFund Commissioner Act 1993 No 9
[1] Section 23 (2)
Omit "a practising barrister or practising solicitor".
Insert instead "an Australian legal practitioner".
[2] Section 25 (2) (b)
Omit "lawyer". Insert instead "Australian legal practitioner".
[3] Section 42A (3)
Omit "a barrister or solicitor". Insert instead "an Australian legal practitioner".
3.5 Land Agents Act 1927 No 3
Section 2 (2)
Omit "a barrister or solicitor of the Supreme Court of New South Wales".
Insert instead "an Australian legal practitioner".
3.6 Public Sector Employment and Management Act 2002 No 43
Section 159 (6)
Omit "a legal practitioner". Insert instead "an Australian legal practitioner".
3.7 Public Trustee Act 1913 No 19
[1] Section 57
Omit "practising solicitor".
Insert instead "Australian legal practitioner (however described)".
[2] Section 57
Omit "such solicitor" wherever occurring.
Insert instead "such Australian legal practitioner".
Page 78
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments consequential on the enactment of the Legal Profession Act Schedule 3
2004 No 112
3.8 Radiation Control Act 1990 No 13
Sections 20 (1) and 29 (2) (i)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian lawyer".
3.9 Veterinary Practice Act 2003 No 87
Section 49 (3)
Omit "a legal practitioner". Insert instead "an Australian lawyer".
Page 79
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 4 Amendments consequential on the enactment of the Police Amendment
(Miscellaneous) Act 2006 No 94
Schedule 4 Amendments consequential on the
enactment of the Police Amendment
(Miscellaneous) Act 2006 No 94
(Section 3)
Explanatory note
The proposed amendments update references to NSW Police as a consequence of the
enactment of the Police Amendment (Miscellaneous) Act 2006 which renamed NSW
Police as the NSW Police Force.
4.1 Annual Reports (Departments) Regulation 2005
Clause 3 (1), definition of "executive position"
Omit "NSW Police" from paragraph (b) of the definition.
Insert instead "NSW Police Force".
4.2 Annual Reports (Statutory Bodies) Regulation 2005
Clause 3 (1), definition of "executive position"
Omit "NSW Police" from paragraph (b) of the definition.
Insert instead "NSW Police Force".
4.3 Births, Deaths and Marriages Registration Regulation 2006
Clause 10 (1) (d) (i)
Omit "NSW Police". Insert instead "the NSW Police Force".
4.4 Children (Detention Centres) Regulation 2005
Schedule 2, Form 2
Omit "NSW Police". Insert instead "the NSW Police Force".
4.5 Commercial Agents and Private Inquiry Agents Regulation
2006
Clauses 3 (1), definition of "Registry", 19 (3) and (4) (a) and 30
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
Page 80
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments consequential on the enactment of the Police Amendment Schedule 4
(Miscellaneous) Act 2006 No 94
4.6 Confiscation of Proceeds of Crime Amendment Act 2005
No 73
Schedule 1 [29], proposed section 31A (1)
Omit "NSW Police". Insert instead "the NSW Police Force".
4.7 Crimes (Administration of Sentences) Regulation 2001
Clause 28A
Omit "NSW Police". Insert instead "the NSW Police Force".
4.8 Crimes (Appeal and Review) Act 2001 No 120
Section 96 (1) and (2)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.9 Criminal Records Regulation 2004
Clauses 13 (1), 14 (1), 15 (1) and 16
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.10 Director of Public Prosecutions Regulation 2005
Clause 5 (c) and Schedule 1, Form 1
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.11 Drug Misuse and Trafficking Regulation 2006
Clauses 5, 12 and 13
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.12 Education Legislation Amendment Act 2006 No 114
Schedule 1 [5], proposed section 26C (1) (i)
Omit the paragraph. Insert instead:
(i) the NSW Police Force,
Page 81
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 4 Amendments consequential on the enactment of the Police Amendment
(Miscellaneous) Act 2006 No 94
4.13 Explosives Regulation 2005
Clause 53 (2) (d)
Omit the paragraph. Insert instead:
(d) the NSW Police Force,
4.14 Firearms Regulation 2006
Clauses 7, 13 (2), 21 (1), 66 (7), 86 (1), 99 (1) (r) and 101 (1)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.15 Law Enforcement (Controlled Operations) Act 1997 No 136
Section 29 (2) (a)
Omit "NSW Police". Insert instead "the NSW Police Force".
4.16 Liquor Regulation 1996
Clauses 18E (1) (l) (i) and 18F (1) (c)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.17 Marine Parks Regulation 1999
[1] Schedule 1, Part 4, clause 1, definition of "regulatory authority"
Omit paragraph (e) of the definition. Insert instead:
(e) the NSW Police Force,
[2] Schedule 1, Part 5, clause 1 (1), definition of "regulatory authority"
Omit paragraph (e) of the definition. Insert instead:
(e) the NSW Police Force,
4.18 Mount Panorama Motor Racing Act 1989 No 108
Sections 10 (4) (b) and 12B (1)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
Page 82
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments consequential on the enactment of the Police Amendment Schedule 4
(Miscellaneous) Act 2006 No 94
4.19 National Parks and Wildlife Regulation 2002
Clause 57A (3), definition of "law enforcement agency"
Omit paragraph (a) of the definition. Insert instead:
(a) the NSW Police Force,
4.20 Occupational Health and Safety Regulation 2001
Clause 3 (1), definition of "emergency service"
Omit paragraph (d) of the definition. Insert instead:
(d) the NSW Police Force,
4.21 Parliamentary Electorates and Elections Regulation 2001
Schedule 1, Form 9A
Insert "Force" after "NSW Police".
4.22 Police Powers (Drug Detection Trial) Act 2003 No 28
Sections 17 (2) and 22 (2) (b)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.23 Police Superannuation Regulation 2005
Clause 20, definition of "Police Medical Officer"
Omit "NSW Police". Insert instead "the NSW Police Force".
4.24 Privacy Code of Practice (General) 2003
[1] Clause 12 (1), definition of "NSW Police"
Omit the definition. Insert instead:
NSW Police Force has the same meaning as in the Police Act
1990.
[2] Clause 13 (a)
Omit "NSW Police". Insert instead "the NSW Police Force".
Page 83
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 4 Amendments consequential on the enactment of the Police Amendment
(Miscellaneous) Act 2006 No 94
4.25 Road Transport (Driver Licensing) Regulation 1999
Clause 60 (1), Note
Omit "NSW Police". Insert instead "the NSW Police Force".
4.26 Rural Fires Regulation 2002
[1] Clause 15 (b) (iv)
Omit the subparagraph. Insert instead:
(iv) the NSW Police Force,
[2] Clause 42 (2) (d)
Omit "NSW Police". Insert instead "the NSW Police Force".
4.27 Security Industry Amendment Act 2005 No 63
Schedule 1 [25], [27], [29], [33], [58] and [75]
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.28 Security Industry Regulation 1998
Clauses 6 and 16 (2)
Omit "NSW Police Service" wherever occurring.
Insert instead "NSW Police Force".
4.29 Sheriff Regulation 2005
Clause 3A
Omit "NSW Police". Insert instead "the NSW Police Force".
4.30 State Authorities Superannuation Regulation 2005
Clause 30C
Omit "NSW Police". Insert instead "the NSW Police Force".
4.31 State Environmental Planning Policy (Major Projects) 2005
Schedule 3, clause 6 (2) (d)
Omit "NSW Police". Insert instead "the NSW Police Force".
Page 84
Statute Law (Miscellaneous Provisions) Bill 2007
Amendments consequential on the enactment of the Police Amendment Schedule 4
(Miscellaneous) Act 2006 No 94
4.32 State Environmental Planning Policy No 4--Development
Without Consent and Miscellaneous Exempt and Complying
Development
Clause 15 (2) (m) (iv)
Omit "NSW Police". Insert instead "the NSW Police Force".
4.33 Workers Compensation Regulation 2003
Schedule 6, Part A, clause 17 (a)
Insert "Force" after "NSW Police".
4.34 World Youth Day Act 2006 No 106
Sections 3 (1), definition of "government agency", 4 (b), 11 (3) (d) and
12 (2) (b), (c) and (h)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
4.35 Young Offenders Regulation 2004
Clauses 14 (2) and 15 (2)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
Page 85
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 5 Repeals
Schedule 5 Repeals
(Section 4)
Name of Act Extent of repeal
Aboriginal Land Rights Amendment Act 2006 No 111 Schedule 1 [2], [4], [5],
[9][17], [32], [35], [45], [46],
[49][51], [53][79], [81],
[83], [96][102], [104],
[109][113], [116][118],
[125], [129], [130], [132],
[134], [135], [138] and [140]2
Anglican Clergy Provident Fund (Sydney) Act 1908 Whole Act3
Appropriation Act 2005 No 38 Whole Act3
Building Legislation Amendment (Quality of Sections 3 and 52
Construction) Act 2002 No 134
Building Professionals Act 2005 No 115 Section 96 and Schedule 32
Children and Young Persons (Care and Protection) Whole Act1
Amendment Act 2005 No 93
Children (Criminal Proceedings) Amendment (Adult Whole Act3
Detainees) Act 2001 No 123
Commission for Children and Young People Amendment Whole Act1
Act 2005 No 108
Crimes (Administration of Sentences) Amendment Act Whole Act1
2002 No 36
Crimes Amendment (Apprehended Violence) Act 2006 Whole Act1
No 73
Crimes and Courts Legislation Amendment Act 2006 Schedule 1.11.10, 1.11
No 107 [1][19], [22] and [23],
1.131.232
Education Legislation Amendment Act 2006 No 114 Sections 46 and Schedules 1
[1][4] and [6][14] and 242
Environmental Planning Legislation Amendment Act 2006 Section 4 and Schedules 1
No 123 [1][8], [10][14], [16][19],
[21], [22], [24][30],
[32][43] and [47][57], 2 and
3.1 and 3.22
Fair Trading Amendment Act 2006 No 62 Section 4 and Schedules 1
[1][16] and [20][22] and 22
Page 86
Statute Law (Miscellaneous Provisions) Bill 2007
Repeals Schedule 5
Name of Act Extent of repeal
Firearms Amendment (Good Behaviour Bonds) Act 2006 Whole Act1
No 82
First State Superannuation Legislation Amendment Section 5 and Schedule
(Conversion) Act 2005 No 91 3.13.3, 3.5, 3.6 [1][6],
3.73.10, 3.11 [1][6], 3.12
[1][6] and [8][11], 3.13
[1][7] and 3.143.162
Fisheries Management Amendment Act 2006 No 18 Schedule 1 [6], [7], [9], [12],
[13], [17], [18] and [22][27]2
Freedom of Information Amendment (Open Whole Act1
Government--Disclosure of Contracts) Act 2006 No 115
Interpretation Amendment Act 2006 No 43 Section 5 and Schedule 1 [1],
[2], [5], [11] and [12]2
James Hardie Former Subsidiaries (Winding up and Section 72 and Schedule 22
Administration) Act 2005 No 105
Law Enforcement (Powers and Responsibilities) Act 2002 Section 240 and Schedule 42
No 103
Legal Profession Further Amendment Act 2006 No 116 Schedule 12
Motor Accidents Compensation Amendment Act 2006 Section 4 and Schedules 1
No 17 [1][6], [8][11] and
[13][33] and 22
Nurses and Midwives Amendment (Performance Whole Act1
Assessment) Act 2004 No 100
Parliamentary Contributory Superannuation Amendment Whole Act1
(Criminal Charges and Convictions) Act 2006 No 93
Parliamentary Electorates and Elections Amendment Act Schedules 14, 5 [1] and [2],
2006 No 68 614, 1618 and 19.6, 19.12,
19.20, 19.21 and 19.252
Property Legislation Amendment Act 2005 No 68 Whole Act1
Property, Stock and Business Agents Amendment Act 2006 Whole Act1
No 4
Protection of the Environment Operations Amendment Act Whole Act1
2005 No 96
Racing Legislation Amendment Act 2006 No 91 Schedule 1.1 and 1.32
Registered Clubs Amendment Act 2006 No 103 Schedule 1 [16][26],
[34][37], [44][48] and [53]2
Rural Lands Protection Amendment Act 2006 No 118 Section 3 and Schedules 1 and
2.1 [2] and 2.22
Page 87
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 5 Repeals
Name of Act Extent of repeal
Security Industry Amendment Act 2005 No 63 Schedule 1 [5][7] and [80]2
State Revenue and Other Legislation Amendment (Budget Section 4 and Schedules 15
Measures) Act 2006 No 50 and 6.46.72
Stock Diseases Amendment (Artificial Breeding) Act 2004 Section 4 and Schedule 22
No 35
Stock Medicines Amendment Act 2004 No 89 Section 4 and Schedule 22
Sydney University Settlement Incorporation Amendment Whole Act1
Act 2005 No 30
Trees (Disputes Between Neighbours) Act 2006 No 126 Section 22 and Schedule 22
Workers Compensation Legislation Amendment Sections 3, 4 and 7 and
(Miscellaneous Provisions) Act 2005 No 113 Schedules 1, 2, 3.1 [1][10]
and [12][29] and 3.2 [2][4]2
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
3 indicates repeal of an Act that is redundant
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) of that Act 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 88
Statute Law (Miscellaneous Provisions) Bill 2007
General savings, transitional and other provisions Schedule 6
Schedule 6 General savings, transitional and other
provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1, 2 or 4 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 (whether or not the
amending provision has been repealed).
(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.
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 89
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 6 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 instruments
(1) Except where expressly provided to the contrary, any instrument 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.
(2) The amendment of an instrument by this Act does not prevent its later
amendment or repeal by another instrument.
Explanatory note
Subclause (1) ensures that, unless expressly provided, any instrument that is in force
and made under a provision of an Act that is amended or substituted by the proposed
Act will be taken to have been made under the Act as amended.
Subclause (2) ensures that the amendment of an instrument by the proposed Act does
not prevent its later amendment or repeal by another instrument.
5 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 proposed Act.
Page 90
Statute Law (Miscellaneous Provisions) Bill 2007
Notes Schedule 6
Notes
Index of Acts and instruments amended by Schedules 14
Aboriginal Land Rights Act 1983 No 42--Schedule 1
Aboriginal Land Rights Amendment Act 2006 No 111--Schedule 1
Agricultural Livestock (Disease Control Funding) Act 1998 No 139--Schedule 1
Annual Reports (Departments) Regulation 2005--Schedule 4
Annual Reports (Statutory Bodies) Regulation 2005--Schedule 4
Art Gallery of New South Wales Act 1980 No 65--Schedule 2
Australian Museum Trust Act 1975 No 95--Schedule 2
Births, Deaths and Marriages Registration Regulation 2006--Schedule 4
Boxing and Wrestling Control Act 1986 No 11--Schedule 2
Building and Construction Industry Long Service Payments Act 1986 No 19--
Schedule 2
Casino Control Act 1992 No 15--Schedule 2
Centennial Park and Moore Park Trust Act 1983 No 145--Schedule 2
Central Coast Water Corporation Act 2006 No 105--Schedule 2
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 2
Children (Detention Centres) Regulation 2005--Schedule 4
Children's Court Rule 2000--Schedule 2
Coal Mine Health and Safety Act 2002 No 129--Schedule 2
Coal Mine Health and Safety Regulation 2006--Schedule 2
Commercial Agents and Private Inquiry Agents Regulation 2006--Schedule 4
Commission for Children and Young People Act 1998 No 146--Schedule 1
Community Land Development Act 1989 No 201--Schedule 1
Community Land Management Act 1989 No 202--Schedule 1
Companion Animals Act 1998 No 87--Schedule 1
Confiscation of Proceeds of Crime Amendment Act 2005 No 73--Schedule 4
Constitution Act 1902 No 32--Schedule 1
Contaminated Land Management Act 1997 No 140--Schedule 1
Conveyancers Licensing Act 2003 No 3--Schedule 1
Conveyancing Act 1919 No 6--Schedule 1
Crimes (Administration of Sentences) Regulation 2001--Schedule 4
Crimes (Appeal and Review) Act 2001 No 120--Schedules 2 and 4
Crimes at Sea Act 1998 No 173--Schedule 1
Criminal Procedure Act 1986 No 209--Schedule 1
Criminal Records Regulation 2004--Schedule 4
Crown Lands Act 1989 No 6--Schedule 1
Crown Lands (Continued Tenures) Act 1989 No 7--Schedule 1
Director of Public Prosecutions Regulation 2005--Schedule 4
Drug Misuse and Trafficking Act 1985 No 226--Schedule 2
Drug Misuse and Trafficking Regulation 2006--Schedule 4
Dust Diseases Tribunal Regulation 2007--Schedule 2
Education Legislation Amendment Act 2006 No 114--Schedule 4
Election Funding Act 1981 No 78--Schedule 2
Page 91
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 6 Notes
Environmental Planning and Assessment Act 1979 No 203--Schedule 2
Environmental Planning and Assessment Amendment (Compliance Certificates)
Regulation 2007--Schedule 2
Environmental Planning and Assessment Regulation 2000--Schedule 2
Explosives Regulation 2005--Schedule 4
Film and Television Office Act 1988 No 18--Schedule 2
Fines Act 1996 No 99--Schedule 1
Firearms Regulation 2006--Schedule 4
Fisheries Management Act 1994 No 38--Schedule 1
Forestry Act 1916 No 55--Schedule 2
Freedom of Information Act 1989 No 5--Schedule 1
Gas Supply (Gas Appliances) Regulation 2004--Schedule 2
Gosford Local Environmental Plan No 22--Schedule 2
Government Telecommunications Act 1991 No 77--Schedule 2
Great Lakes Local Environmental Plan 1996--Schedule 2
Growth Centres (Development Corporations) Act 1974 No 49--Schedules 1 and 3
Guardianship Act 1987 No 257--Schedule 3
Harness Racing Act 2002 No 39--Schedule 3
Health Care Complaints Act 1993 No 105--Schedule 1
Historic Houses Act 1980 No 94--Schedule 2
Home Building Act 1989 No 147--Schedule 1
Home Care Service Act 1988 No 6--Schedule 2
HomeFund Commissioner Act 1993 No 9--Schedule 3
Independent Commission Against Corruption Act 1988 No 35--Schedule 1
Independent Pricing and Regulatory Tribunal Act 1992 No 39--Schedule 2
Institute of Sport Act 1995 No 52--Schedule 2
Internal Audit Bureau Act 1992 No 20--Schedule 2
Interpretation Act 1987 No 15--Schedule 1
and Agents Act 1927 No 3--Schedule 3
andlord and Tenant (Rental Bonds) Act 1977 No 44--Schedule 2
aw Enforcement (Controlled Operations) Act 1997 No 136--Schedule 4
egislation Review Act 1987 No 165--Schedule 1
ibrary Act 1939 No 40--Schedule 2
iquor Regulation 1996--Schedule 4
ocal Government Act 1993 No 30--Schedule 1
ord Howe Island Act 1953 No 39--Schedule 2
Marine Parks Act 1997 No 64--Schedule 1
Marine Parks Regulation 1999--Schedule 4
Mining Act 1992 No 29--Schedule 1
Motor Dealers Act 1974 No 52--Schedule 1
Motor Vehicle Repairs Act 1980 No 71--Schedule 2
Mount Panorama Motor Racing Act 1989 No 108--Schedule 4
Mulwaree Local Environmental Plan 1995--Schedule 2
Museum of Applied Arts and Sciences Act 1945 No 31--Schedule 2
National Parks and Wildlife Act 1974 No 80--Schedule 1
National Parks and Wildlife Regulation 2002--Schedule 4
Page 92
Statute Law (Miscellaneous Provisions) Bill 2007
Notes Schedule 6
Natural Resources Commission Act 2003 No 102--Schedule 2
New South Wales Institute of Psychiatry Act 1964 No 44--Schedule 2
Nurses and Midwives Amendment (Performance Assessment) Act 2004 No 100--
Schedule 2
Occupational Health and Safety Act 2000 No 40--Schedule 1
Occupational Health and Safety Regulation 2001--Schedules 1 and 4
Offshore Minerals Act 1999 No 42--Schedule 1
Ombudsman Act 1974 No 68--Schedule 1
Parliamentary Contributory Superannuation Act 1971 No 53--Schedule 1
Parliamentary Electorates and Elections Regulation 2001--Schedule 4
Parliamentary Evidence Act 1901 No 43--Schedule 1
Parliamentary Remuneration Act 1989 No 160--Schedule 1
Parramatta Park Trust Act 2001 No 17--Schedule 2
Parramatta Stadium Trust Act 1988 No 86--Schedule 2
Pesticides Act 1999 No 80--Schedule 1
Petroleum (Onshore) Act 1991 No 84--Schedule 1
Petroleum (Submerged Lands) Act 1982 No 23--Schedule 1
Petroleum (Submerged Lands) Regulation 2006--Schedule 1
Pipelines Act 1967 No 90--Schedule 1
Police Act 1990 No 47--Schedule 1
Police Powers (Drug Detection Trial) Act 2003 No 28--Schedule 4
Police Superannuation Regulation 2005--Schedule 4
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 1
Privacy Code of Practice (General) 2003--Schedule 4
Property, Stock and Business Agents Act 2002 No 66--Schedule 1
Protection of the Environment Administration Act 1991 No 60--Schedule 2
Protection of the Environment Operations (Clean Air) Regulation 2002--Schedule 2
Public Finance and Audit Act 1983 No 152--Schedule 1
Public Sector Employment and Management Act 2002 No 43--Schedule 3
Public Sector Employment and Management (Transport and Population Data
Centre) Order 2007--Schedule 2
Public Trustee Act 1913 No 19--Schedule 3
Public Works Act 1912 No 45--Schedule 1
Radiation Control Act 1990 No 13--Schedule 3
RedfernWaterloo Authority Act 2004 No 107--Schedule 2
Road Transport (Driver Licensing) Regulation 1999--Schedule 4
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 1
Royal Botanic Gardens and Domain Trust Act 1980 No 19--Schedule 2
Rural Assistance Act 1989 No 97--Schedule 2
Rural Fires Regulation 2002--Schedule 4
Security Industry Amendment Act 2005 No 63--Schedule 4
Security Industry Regulation 1998--Schedule 4
Sheriff Regulation 2005--Schedule 4
Shoalhaven Local Environmental Plan 1985--Schedule 2
Small Business Development Corporation Act 1984 No 119--Schedule 2
Snowy River Rural Local Environmental Plan 2007--Schedule 2
Page 93
Statute Law (Miscellaneous Provisions) Bill 2007
Schedule 6 Notes
State Authorities Superannuation Regulation 2005--Schedule 4
State Environmental Planning Policy (Major Projects) 2005--Schedule 4
State Environmental Planning Policy No 4--Development Without Consent and
Miscellaneous Exempt and Complying Development--Schedule 4
State Sports Centre Trust Act 1984 No 68--Schedule 2
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 1
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 1
Subordinate Legislation Act 1989 No 146--Schedule 1
Surveying Act 2002 No 83--Schedule 2
Sutherland Shire Local Environmental Plan 2006--Schedule 2
Sydney Cricket and Sports Ground Act 1978 No 72--Schedule 2
Sydney Opera House Trust Act 1961 No 9--Schedule 2
Sydney Water Catchment Management Act 1998 No 171--Schedule 2
Teacher Housing Authority Act 1975 No 27--Schedule 2
Threatened Species Conservation Act 1995 No 101--Schedule 1
Tourism New South Wales Act 1984 No 46--Schedule 2
Travel Agents Act 1986 No 5--Schedule 1
Uniform Civil Procedure Rules 2005--Schedule 2
Valuation of Land Act 1916 No 2--Schedule 1
Valuers Act 2003 No 4--Schedule 1
Veterinary Practice Act 2003 No 87--Schedule 3
Water Sharing Plan for the Lower Gwydir Groundwater Source 2003--Schedule 2
Western Sydney Parklands Act 2006 No 92--Schedule 2
Wild Dog Destruction Act 1921 No 17--Schedule 2
Wollondilly Local Environmental Plan 1991--Schedule 2
Wollongong City Centre Local Environmental Plan 2007--Schedule 2
Wollongong Sportsground Act 1986 No 174--Schedule 2
Workers Compensation Act 1987 No 70--Schedule 1
Workers Compensation Regulation 2003--Schedule 4
World Youth Day Act 2006 No 106--Schedule 4
Young Offenders Regulation 2004--Schedule 4
Zoological Parks Board Act 1973 No 34--Schedule 2
Index of Acts wholly repealed by Schedule 5
Anglican Clergy Provident Fund (Sydney) Act 1908
Appropriation Act 2005 No 38
Children and Young Persons (Care and Protection) Amendment Act 2005 No 93
Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2001 No 123
Commission for Children and Young People Amendment Act 2005 No 108
Crimes (Administration of Sentences) Amendment Act 2002 No 36
Crimes Amendment (Apprehended Violence) Act 2006 No 73
Firearms Amendment (Good Behaviour Bonds) Act 2006 No 82
Freedom of Information Amendment (Open Government--Disclosure of Contracts)
Act 2006 No 115
Nurses and Midwives Amendment (Performance Assessment) Act 2004 No 100
Page 94
Statute Law (Miscellaneous Provisions) Bill 2007
Notes Schedule 6
Parliamentary Contributory Superannuation Amendment (Criminal Charges and
Convictions) Act 2006 No 93
Property Legislation Amendment Act 2005 No 68
Property, Stock and Business Agents Amendment Act 2006 No 4
Protection of the Environment Operations Amendment Act 2005 No 96
Sydney University Settlement Incorporation Amendment Act 2005 No 30
Page 95
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