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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 (No 2) 2001
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
Schedules
1 Minor amendments 3
Administrative Decisions Legislation Amendment Act 1997
No 77
Adoption Act 2000 No 75
Building and Construction Industry Long Service
Payments Act 1986 No 19
Children and Young Persons (Care and Protection)
Act 1998 No 157
Coal Ownership (Restitution) Act 1990 No 19
Community Land Management Act 1989 No 202
Companion Animals Act 1998 No 87
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Contents
Page
Co-operatives Act 1992 No 18
Defamation Act 1974 No 18
Employment Agents Act 1996 No 18
Fines Act 1996 No 99
Geographical Names Act 1966 No 13
Guardianship Act 1987 No 257
Health Administration Act 1982 No 135
Home Building Act 1989 No 147
Independent Pricing and Regulatory Tribunal Act 1992
No 39
Law and Justice Foundation Act 2000 No 97
Legal Profession Act 1987 No 109
Local Government Act 1993 No 30
Mining Act 1992 No 29
Motor Accidents Compensation Act 1999 No 41
Occupational Health and Safety Act 2000 No 40
Petroleum (Onshore) Act 1991 No 84
Protected Disclosures Act 1994 No 92
Stock (Chemical Residues) Act 1975 No 26
Tow Truck Industry Act 1998 No 111
Travel Agents Act 1986 No 5
Valuers Registration Act 1975 No 92
2 Amendments by way of statute law revision 31
3 Amendments to facilitate implementation of SGML as a
markup language for legislation 43
4 Amendments transferring provisions 48
5 Repeals 53
6 General savings, transitional and other provisions 55
Notes 58
Contents page 2
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, , 2001
New South Wales
Statute Law (Miscellaneous Provisions)
Bill (No 2) 2001
Act No , 2001
An Act to repeal certain Acts and regulations, to amend certain other Acts and
statutory instruments in various respects and for the purpose of effecting statute law
revision; and to make certain savings.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2001.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsection (2).
(2) The amendments made by Schedules 1 and 2 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
Each Act and statutory rule specified in Schedules 14 is amended as set
out in those Schedules.
4 Repeals
Each Act and regulation specified in Schedule 5 is 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.
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Administrative Decisions Legislation Amendment Act 1997 No 77
Schedule 1 Amendments concerning abolished Community Services
Appeals Tribunal
Omit Schedule 1.10.
Explanatory note
The proposed amendment omits the following uncommenced amendments:
(a) an amendment to the definition of Community Services Appeals Tribunal in section
3 (1) of the Guardianship Act 1987,
(b) a provision repealing and re-enacting section 97 of that Act as presently enacted.
Both section 97 as presently enacted (which has not been commenced) and the definition
concerned are repealed by amendments to the Guardianship Act 1987 proposed to be made
elsewhere in this Schedule.
1.2 Adoption Act 2000 No 75
Section 53 Ways in which parent or guardian can give consent
Insert at the end of the section:
(2) Nothing in this section prevents the Director-General or principal
officer from selecting an adoptive parent or parents for the
purposes of subsection (1) (a) from one or more of the classes of
persons referred to in subsection (1) (b).
Explanatory note
Section 53 of the Adoption Act 2000 allows a parent or guardian to give general consent to
a child's adoption (by an adoptive parent selected by the Director-General of the Department
of Community Services or the principal officer of an accredited adoption agency), or to give
specific consent to adoption by a relation or foster parent of the child specified in section
53 (b).
The proposed amendment will make it clear that the giving of a general consent does not
prevent the Director-General or officer from selecting a person specified in section 53 (b) as the
adoptive parent.
1.3 Building and Construction Industry Long Service Payments
Act 1986 No 19
[1] Section 8 Constitution of Committee
Omit "the Employers' Federation of New South Wales" from section 8 (2) (c).
Insert instead "Employers First".
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[2] Section 37 Person liable to pay long service levy
Omit section 37 (1) (a). Insert instead:
(a) in a case where development consent, a construction
certificate or a complying development certificate is
required to be obtained under the Environmental Planning
and Assessment Act 1979 for the erection of the building:
(i) if development consent is granted and a
construction certificate is not required to be
obtained--the person to whom the development
consent is granted, or
(ii) if a construction certificate is required to be
obtained--the person to whom the construction
certificate is issued, or
(iii) if a complying development certificate is
issued--the person to whom the complying
development certificate is issued, or
[3] Section 40 Determination of cost of erecting building for purposes of
this Part
Omit section 40 (1) (a). Insert instead:
(a) the cost as determined by:
(i) the consent authority granting the development
consent referred to in section 37 (1) (a) (if a
construction certificate is not required to be
obtained), or
(ii) the certifying authority issuing the construction
certificate referred to in section 37 (1) (a) (if a
construction certificate is required to be obtained),
or
(iii) the certifying authority issuing the complying
development certificate referred to in section 37 (1)
(a) (if a complying development certificate is
issued), or
[4] Section 40 (2)
Omit "council". Insert instead "consent authority or certifying authority".
[5] Section 49 Appeal against refusal or cancellation of registration
Omit "19 (1)" from section 49 (4) (a). Insert instead "19 (1A)".
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[6] Schedule 1 Provisions relating to members and procedure of
Committee
Omit "the Employers' Federation of New South Wales" from clause 7 (2) (b).
Insert instead "Employers First".
Explanatory note
At present, section 37 of the Building and Construction Industry Long Service Payments
Act 1986 provides that, if a development consent or complying development certificate is
required to be obtained under the Environmental Planning and Assessment Act 1979 in respect
of the erection of a building, the person liable to pay the long service levy is the person to whom
the development consent or complying development certificate is granted. Section 40 provides
for the determination of the cost of erecting a building (in relation to long service levies) by "the
consent authority or person granting or issuing the relevant development consent or complying
development certificate referred to in section 37 (1) (a)", and has a subsequent reference to "the
determination of a council of the cost of erecting a building".
Item [2] of the proposed amendments amends section 37 in respect of cases where a
construction certificate is required to be obtained under the Environmental Planning and
Assessment Act 1979. In those cases, the levy is to be payable by the person to whom the
construction certificate is issued.
Item [3] of the proposed amendments makes a similar amendment to section 40, so as to
provide that the determination of the cost of erecting a building in cases where a construction
certificate is required to be obtained is to be made by the certifying authority issuing the
construction certificate. Item [4] replaces the reference to "a council", since a consent authority
or a certifying authority is not necessarily a council.
Items [1] and [6] of the proposed amendments update references to a body that has changed
its name.
Item [5] corrects an incorrect cross-reference.
1.4 Children and Young Persons (Care and Protection) Act 1998
No 157
[1] Section 45 Prompt application to Children's Court for care order
Omit section 45 (1) (b). Insert instead:
(b) an assessment order (within the meaning of Division 6 of
this Part),
[2] Section 79 Order allocating parental responsibility
Insert "the Minister or" before "another" in section 79 (1) (a) (ii).
[3] Section 156 Review of voluntary out-of-home care arrangements
Omit "held" from section 156 (4).
Insert instead "conducted by the Director-General".
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[4] Section 161 Financial assistance for children and young persons in out-
of-home care
Omit "in out-of-home care" from section 161 (2) (a).
Explanatory note
At present, section 45 (1) (b) of the Act, which is in Division 1 of Part 1 of Chapter 5, refers to
"an examination and assessment order". Division 6 of that Part effectively defines assessment
order to include an examination order. Item [1] of the proposed amendments repeals section
45 (1) (b) and replaces it with a reference to an assessment order within the meaning of
Division 6.
Item [2] of the proposed amendments makes it clear that the Minister can be one of the
persons amongst whom parental responsibility for a child can be shared under section 79.
Item [3] of the proposed amendments makes it clear that all periodic reviews under section 156
must be conducted by the Director-General, and not merely the first such review.
Item [4] of the proposed amendments omits unnecessary words.
1.5 Coal Ownership (Restitution) Act 1990 No 19
[1] Section 3 Definitions
Omit the definition of Coal Compensation Fund Account.
[2] Section 6 Eligible claimant must refund compensation
Omit section 6 (2).
Explanatory note
The Coal Compensation Board is a statutory body for the purposes of Division 3 of Part 3
(Audit) of the Public Finance and Audit Act 1983. It is required under that Act to keep proper
accounts and records in relation to all of its operations and to prepare annual financial
statements for auditing by the Auditor-General.
The effect of the proposed amendments is to require the Board to pay all money that it receives
under section 6 of the Coal Ownership (Restitution) Act 1990 to the Consolidated Fund instead
of to the Coal Compensation Fund Account (which no longer exists).
Currently, section 6 (2) of the Coal Ownership (Restitution) Act 1990 requires the money (which
comprises refunds of compensation that was paid in respect of the acquisition of coal by the
Crown under the Coal Acquisition Act 1981) to be paid into the Coal Compensation Fund
Account (which is defined in section 3). Section 6 (2) is the only provision of the Act that
makes use of the defined term.
Item [1] of the proposed amendments repeals the definition and item [2] omits section 6 (2).
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
1.6 Community Land Management Act 1989 No 202
Section 75 Service of copy of order
Omit "certified" from section 75 (2).
Explanatory note
At present, the Registrar of the Residential Tribunal (which is to be replaced by the Consumer,
Trader and Tenancy Tribunal) is required to serve a certified copy of an order made by a
Community Schemes Adjudicator under Division 3 of Part 4 of the Community Land
Management Act 1989 on each of the persons specified in section 75 (2) of that Act.
The proposed amendment removes the requirement that the copy be certified.
1.7 Companion Animals Act 1998 No 87
[1] Section 5 Definitions
Omit the definition of registration tag.
[2] Section 12 Dog to wear collar and tag
Omit section 12 (1) (b).
[3] Section 12 (3)
Omit "The regulations may provide that a registration tag can show the
information required to be shown on a name tag and for that to be sufficient
compliance with the requirement to have a name tag attached to a dog's collar.".
[4] Section 29 Cat to wear form of identification
Omit section 29 (1) (b).
[5] Section 73 Registration tag
Omit the section.
[6] Section 77 Offence of interfering with registration tag
Omit the section.
[7] Section 96 Regulations
Omit "or replacement identification tags" from section 96 (2) (c).
[8] Schedule 3 Savings and transitional provisions
Insert after clause 3 (6):
(6A) Sections 12 (1) (b) and 77 (and the definition of registration tag),
as in force immediately before their repeal by the Statute Law
(Miscellaneous Provisions) Act (No 2) 2001, continue to apply
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
during the transition period in relation to a dog to which this clause
applies as if those provisions had not been repealed. However (and
despite subclause (6)), section 12 (1) (b) does not apply if the dog
is identified in accordance with the regulations.
(6B) Without limiting subclause (6A), and for avoidance of doubt, it is
declared that a person may be prosecuted (and a penalty notice
may be served) for an offence committed during the transition
period under section 12 or 77 in relation to a dog, or the
registration tag of a dog, to which this clause applies.
Note. The Statute Law (Miscellaneous Provisions) Act (No 2) 2001 repealed
the provisions of this Act (including sections 12 (1) (b) and 77) that deal with
registration tags for companion animals.
Explanatory note
The proposed amendments repeal the provisions of the Companion Animals Act 1998 that
relate to registration tags for companion animals registered under the Act. The information that
a registration tag must contain is also contained in the microchip that all companion animals that
are required to be identified for the purposes of section 8 of the Act must have implanted.
Item [5] of the proposed amendments repeals section 73 of the Act. That section requires the
Director-General of the Department of Local Government to provide the registered owner of a
companion animal with a registration tag for the animal.
Item [2] of the proposed amendments repeals section 12 (1) (b), which requires a dog that is
registered under the Act to wear a collar with the current registration tag attached.
Item [4] of the proposed amendments repeals section 29 (1) (b), which imposes the same
requirement in respect of a cat that is registered under the Act.
Item [1] of the proposed amendments repeals the now superfluous definition of registration
tag.
Items [3] and [7] of the proposed amendments repeal regulation-making powers in respect of
registration tags. (The reference in section 96 (2) (c) to "identification" tags is a typographical
mistake. The reference should be to "registration" tags, as the Act does not provide for
identification tags.)
Item [6] of the proposed amendments omits the provision that creates the offence of interfering
with a registration tag.
Item [8] of the proposed amendments inserts transitional provisions in relation to dogs
registered under the Dog Act 1966. The transitional provisions provide that the repealed
sections 12 (1) (b) and 77 (and the repealed definition of registration tag) continue to apply
in respect of those dogs during the transition period (which is currently scheduled to end on
30 September 2002).
1.8 Co-operatives Act 1992 No 18
[1] Section 141 Set-off of amounts repaid etc on forfeited shares
Omit "section 140" from section 141 (2). Insert instead "section 139".
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[2] Schedule 6 Savings and transitional provisions
Insert ", and any other loan made in accordance with a proposal referred to in
section 268 that was approved before that commencement," after "before the
commencement of section 268A" in clause 31A.
Commencement
Item [2] of the amendments to the Co-operatives Act 1992 commences, or is taken to have
commenced, on the commencement of clause 31A of Schedule 6 to that Act.
Explanatory note
Interest payable on compulsory loans
Section 268 of the Co-operatives Act 1992 (the Act) enables a co-operative to require its
members to lend money to it in accordance with a proposal approved by special resolution of
the co-operative. Section 268A, which commenced on 1 December 1997, provides for the rate
of interest payable on such a loan.
Clause 31A of Schedule 6 to the Act (which is to be inserted by the Co-operatives Legislation
Amendment Act 2001) is a savings provision to the effect that a loan made before the
commencement of section 268A continues to be payable at the same rate of interest as that
in relation to which it was made as if section 268A had not been enacted.
Item [2] of the proposed amendments extends the operation of clause 31A to loans arising from
proposals approved before the commencement of section 268A, even if the loans were or are
made after the commencement of that section.
Statute law revision
Item [1] of the proposed amendments corrects an incorrect cross-reference.
1.9 Defamation Act 1974 No 18
[1] Section 17QA Matters relating to the Protected Disclosures Act 1994
Insert "or local government money" after "public money".
[2] Section 17QA (2)
Insert at the end of section 17QA:
(2) In this section, local government money includes all revenue,
loans and other money collected, received or held by, for or on
account of:
(a) a council, or
(b) a county council,
within the meaning of the Local Government Act 1993.
Explanatory note
The proposed amendments are consequential on amendments to the Protected Disclosures
Act 1994 proposed to be made elsewhere in this Schedule. Those amendments afford the
protection of that Act to certain disclosures made in relation to serious and substantial waste
of local government money.
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
1.10 Employment Agents Act 1996 No 18
Section 25 Performance of Director-General's functions
Omit "Department of Industrial Relations".
Insert instead "Department of Fair Trading".
Explanatory note
The proposed amendment omits a reference to the Department that formerly administered the
Employment Agents Act 1996 and replaces it with a reference to the Department that currently
does so.
1.11 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Mining Act 1992, section 375A
Petroleum (Onshore) Act 1991, section 137A
Explanatory note
The proposed amendment provides for the enforcement of penalty notices ("on-the-spot fines")
issued under the Mining Act 1992 and the Petroleum (Onshore) Act 1991.
1.12 Geographical Names Act 1966 No 13
[1] Section 2 Definitions
Omit the definitions of Prescribed and Regulations.
[2] Section 3 Geographical Names Board
Omit "eight members" from section 3 (2). Insert instead "9 members".
[3] Section 3 (2) (b)
Omit the paragraph. Insert instead:
(b) one is to be the person for the time being holding the office
of Director-General of the Department of Urban Affairs
and Planning, or an officer of that Department nominated
by the Director-General,
[4] Section 3 (2) (e)
Omit "four persons". Insert instead "5 people".
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[5] Section 3 (4) (e)
Insert at the end of section 3 (4) (d):
, and
(e) one is to be a person nominated by the Chairperson of the
Community Relations Commission.
[6] Section 3 (6)
Omit "a period of five years".
Insert instead "such period (not exceeding 5 years) as is specified in the
member's instrument of appointment".
[7] Section 3 (12) (b)
Omit "Governor may".
Insert instead "board may, by instrument in writing,".
[8] Section 9 Submissions in relation to proposed name or alteration
Omit section 9 (1). Insert instead:
(1) Any person may, within a period of one month after the date of
publication of the notice referred to in section 8 or within any
further period that the board may allow either in the notice or
afterwards, make a written submission to the secretary of the board
in relation to the proposed name or alteration.
[9] Section 9 (2)
Omit "objections". Insert instead "submissions".
[10] Section 9 (3)
Omit "objections to". Insert instead "submissions in relation to".
[11] Section 9 (3) (b)
Omit "the objections".
Insert instead "any objections to the proposed name or alteration contained in
the submissions".
[12] Section 10 Publication of geographical names
Omit "no objection" from section 10 (1) (a).
Insert instead "no submission objecting".
[13] Section 10 (1) (b)
Omit "objection has been made".
Insert instead "a submission has been made objecting".
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[14] Section 15 Names in geographical manuscripts, tourist publications,
maps and other publications
Omit "0.5 penalty unit" from section 15 (2). Insert instead "5 penalty units".
[15] Section 15 (5)
Insert after section 15 (4):
(5) In this section:
published includes published in electronic form.
[16] Section 20
Insert after section 19:
20 Transitional provision
The persons holding office as appointed members of the board on
the commencement of the amendment made to section 3 (6) by the
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 continue
to hold that office (subject to section 3) for the balance of the
period of 5 years for which they were appointed.
Explanatory note
Item [1] of the proposed amendments omits superfluous definitions.
Item [2] increases the number of members of the Geographical Names Board.
Item [4] makes a consequential amendment.
Item [3] updates references to an office holder and a Department.
Item [5] provides for the additional member of the board to be a nominee of the Chairperson
of the Community Relations Commission.
Item [6] provides for the term of office of a member of the board to be up to 5 years (at present,
the term must be for 5 years).
Item [7] provides for the board, rather than the Governor, to appoint a deputy of an appointed
member of the board who is ill or absent.
Item [8] provides for the making of submissions in relation to a proposed name or alteration (at
present, only objections may be made).
Items [9][13] make consequential amendments.
Item [15] makes it clear that the prohibition on publishing or causing to be published certain
material applies whether the publication is in hard copy or electronic form.
Item [14] increases the penalty for breaching that prohibition.
Item [16] inserts a transitional provision relating to the appointed members of the board.
1.13 Guardianship Act 1987 No 257
[1] Section 3 Definitions
Omit the definitions of Community Services Appeals Tribunal, licence,
licensed manager, licensed occupational centre, licensed residential centre,
maintenance, occupational centre and residential centre from section 3 (1).
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[2] Section 31A Definitions
Omit "Adoption Information Act 1990".
Insert instead "Adoption Act 2000".
[3] Section 31D Tribunal may give directions
Omit "Adoption Information Act 1990" from section 31D (2) (b).
Insert instead "Adoption Act 2000".
[4] Section 33A Person responsible
Omit "the person having parental responsibility for the child within the meaning
of the Children and Young Persons (Care and Protection) Act 1998" from
section 33A (2).
Insert instead "the person having parental responsibility (within the meaning of
the Children and Young Persons (Care and Protection) Act 1998) for the child".
[5] Part 8 Licensing of residential centres and occupational centres
(sections 8196)
Omit the Part.
[6] Section 97 Appeals to the Community Services Appeals Tribunal
Omit the section.
[7] Section 99 Notices etc to be written in other languages
Omit the section.
[8] Section 108 Regulations
Omit section 108 (1) (e).
[9] Section 108 (1) (g)
Omit "and the issue of licences".
[10] Schedule 2 Provisions relating to licences
Omit the Schedule.
Commencement
Items [2] and [3] of the proposed amendments commence (or are taken to have commenced)
on the commencement of Schedule 3 to the Adoption Act 2000.
Explanatory note
Part 8 of the Guardianship Act 1987 requires residential centres and occupational centres (as
defined in that Act) to be licensed, and makes general provision in respect of those centres.
Schedule 2 to the Act contains provisions relating to the licences. Section 97 of the Act
provides for appeals against certain decisions made under Part 8 or Schedule 2. Part 8, section
97 and Schedule 2 have not commenced. Section 99 of the Act deals with certain notices and
other instruments required, by or under the Act, to be served on any person. The only such
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
notices or instruments are those under Part 8 and Schedule 2. It is not now intended that
residential centres or occupational centres be established under the Guardianship Act 1987.
Accordingly:
(a) item [1] of the proposed amendments repeals the definitions relating to such centres
(including the definition of the body to whom appeals were to be made under section 97),
and
(b) item [5] repeals Part 8, and
(c) item [6] repeals section 97, and
(d) item [7] repeals section 99, and
(e) item [8] repeals a power to make regulations for or with respect to "the establishment,
operation and management of residential centres and occupational centres", and
(f) item [9] repeals a power to make regulations for or with respect to the imposition, waiver
and remission of fees and charges in relation to "the issue of licences", and
(g) item [10] repeals Schedule 2.
Item [1] also repeals the definition of a term ("maintenance") that is no longer used in the Act.
Items [2] and [3] of the proposed amendments update references to an Act that is to be
repealed by the Adoption Act 2000.
Item [4] of the proposed amendments removes a possible ambiguity in section 33A of the Act
by making it clear that the term "parental responsibility" (rather than the word "child") carries the
same meaning in that section as it does in the Children and Young Persons (Care and
Protection) Act 1998.
1.14 Health Administration Act 1982 No 135
Section 20B Establishment of Medical Services Committee
Omit "the New South Wales Branch of the Australian Association of
Consultant Physicians" from section 20B (2) (b) (v).
Insert instead "the Internal Medicine Society of Australia & New Zealand
Incorporated".
Explanatory note
The proposed amendment:
(a) updates the name of a body (the Australian Association of Consultant Physicians) that has
amalgamated with another body (the New Zealand Society of Consultant Physicians), and
(b) omits a now superfluous reference to the "New South Wales Branch" of the earlier body.
1.15 Home Building Act 1989 No 147
[1] Section 3 Definitions
Omit the bullet points from the definitions of dwelling, gasfitting work, kit
home, plumbing work and residential building work in section 3 (1) and move
the matter following each of the bullet points to the left margin.
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[2] Section 10 Enforceability of contracts and other rights
Omit section 10 (1)(3). Insert instead:
(1) A person who contracts to do any residential building work, or any
specialist work, and who so contracts:
(a) in contravention of section 4 (Unlicensed contracting), or
(b) under a contract to which the requirements of section 7
apply that is not in writing or that does not have sufficient
description of the work to which it relates (not being a
contract entered into in the circumstances described in
section 6 (2)), or
(c) in contravention of any other provision of this Act or the
regulations that is prescribed for the purposes of this
paragraph,
is not entitled to damages or to enforce any other remedy in
respect of a breach of the contract committed by any other party to
the contract, and the contract is unenforceable by the person who
contracted to do the work. However, the person is liable for
damages and subject to any other remedy in respect of a breach of
the contract committed by the person.
[3] Section 16G Enforceability of contracts
Omit section 16G (1) and (2). Insert instead:
(1) A person who contracts to supply a kit home, and who so
contracts:
(a) in contravention of section 16A (Unlicensed contracting or
supplying), or
(b) under a contract to which the requirements of section 16D
apply that is not in writing or that does not have sufficient
description of the kit home to which it relates, or
(c) in contravention of any other provision of this Act or the
regulations that is prescribed for the purposes of this
paragraph,
is not entitled to damages or to enforce any other remedy in
respect of a breach of the contract committed by any other party to
the contract, and the contract is unenforceable by the person who
contracted to supply the kit home. However, the person is liable for
damages and subject to any other remedy in respect of a breach of
the contract committed by the person.
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[4] Section 18R Enforceability of contracts and other rights (as inserted by
Schedule 3 to the Home Building Legislation Amendment Act 2001)
Omit section 18R (1) and (2). Insert instead:
(1) A person who contracts to do any building consultancy work, and
who so contracts:
(a) in contravention of section 18H (Unlicensed contracting),
or
(b) under a contract to which the requirements of section 18K
apply that is not in writing or that does not have sufficient
description of the work to which it relates, or
(c) in contravention of any other provision of this Act or the
regulations that is prescribed for the purposes of this
subsection,
is not entitled to damages or to enforce any other remedy in
respect of a breach of the contract committed by any other party to
the contract, and the contract is unenforceable by the person who
contracted to do the building consultancy work. However, the
person is liable for damages and subject to any other remedy in
respect of a breach of the contract committed by the person.
[5] Section 48K Jurisdiction of Tribunal in relation to building claims (as
inserted by Schedule 4 to the Home Building Legislation Amendment
Act 2001)
Insert "to which none of subsections (3), (4), (6) and (7) applies" after
"services" in section 48K (8) (a).
Commencement
Item [4] of the amendments to the Home Building Act 1989 commences (or is taken to have
commenced) on the commencement of section 18R of that Act.
Item [5] of the amendments to the Home Building Act 1989 commences (or is taken to have
commenced) on the commencement of section 48K of that Act.
Explanatory Note
Enforcement of contracts
Items [2][4] of the proposed amendments repeal and re-enact sections 10 and 16G of the
Home Building Act 1989 (and section 18R, which is to be inserted in that Act by the Home
Building Legislation Amendment Act 2001) so as to clarify the operation of those sections and
ensure that they do not have the unintended effect of rendering a building contract wholly
unenforceable at the suit of the building contractor merely because of that contractor's very
minor contravention of certain provisions of the Act.
Jurisdiction of Fair Trading Tribunal in relation to building claims
Section 48K (which is to be inserted in the Home Building Act 1989 by the Home Building
Legislation Amendment Act 2001) sets out the jurisdiction of the Fair Trading Tribunal (which
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
is to be replaced by the Consumer, Trader and Tenancy Tribunal) in relation to building claims.
Section 48K to a large extent mirrors the current section 89B (which is to be repealed) as
follows:
(a) section 48K (3) mirrors section 89B (2),
(b) section 48K (4) mirrors section 89B (3) (with one addition),
(c) section 48K (6) mirrors section 89B (4),
(d) section 48K (7) mirrors section 89B (5),
(e) section 48K (8) mirrors section 89B (6) (with one inadvertent omission).
Item [5] of the proposed amendments inserts the matter omitted from section 48K (8). The
matter is necessary to remove contradictions between that subsection and section 48K (3), (4),
(6) and (7).
Removal of bullet points
Item [1] of the proposed amendments removes bullet points from certain definitions in
connection with the design of legislation.
1.16 Independent Pricing and Regulatory Tribunal Act 1992 No 39
Section 4 Government monopoly services
Omit "provided by the Water Administration Ministerial Corporation." from
section 4 (6).
Insert instead ". The Water Administration Ministerial Corporation is taken to
be the supplier of any such service.".
Explanatory note
The proposed amendment amends section 4 (6) of the Independent Pricing and Regulatory
Tribunal Act 1992 to make it perfectly clear that services (such as the granting of licences and
approvals) provided under Chapter 3 of the Water Management Act 2000 are to be taken to be
provided by the Water Administration Ministerial Corporation (despite the fact that, under that
Act, they are provided by the Minister administering that Act).
The amendment will ensure that section 4 (6) will have its intended effect of allowing such
services to be made the subject of standing references to the Independent Pricing and
Regulatory Tribunal (by the inclusion of the Water Administration Ministerial Corporation in
Schedule 1 to the Act.
1.17 Law and Justice Foundation Act 2000 No 97
[1] Schedule 1 Constitution and procedure of Board
Insert in alphabetical order in clause 1:
Aboriginal person means a person who:
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal
person.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
Torres Strait Islander means a person who:
(a) is descended from a Torres Strait Islander, and
(b) identifies as a Torres Strait Islander, and
(c) is accepted as a Torres Strait Islander by a Torres Strait
Islander community.
[2] Schedule 1, clause 2 (1)
Omit "7 members". Insert instead "8 members".
[3] Schedule 1, clause 2 (2)
Omit "Six". Insert instead "Seven".
[4] Schedule 1, clause 2 (2) (a)
Omit "3". Insert instead "4".
[5] Schedule 1, clause 2 (4)
Omit the subclause. Insert instead:
(4) Not more than 3 of the 4 persons referred to in subclause (2) (a)
may be a legal practitioner, and at least one of the 4 persons must
be an Aboriginal person or a Torres Strait Islander.
[6] Schedule 1, clause 10
Omit "4 members". Insert instead "5 members".
Commencement
The amendments to the Law and Justice Foundation Act 2000 commence on a day or days to
be appointed by proclamation.
Explanatory note
The proposed amendments provide for the appointment of an indigenous person to the Board
of the Law and Justice Foundation and make consequential amendments.
Item [1] inserts definitions of Aboriginal person and Torres Strait Islander in Schedule 1
(Constitution and procedure of Board) to the Law and Justice Foundation Act 2000.
Item [2] increases the membership of the Board from 7 to 8.
Item [3] provides that 7 (rather than 6) of the members are to be appointed by the Attorney
General, and item [4] requires 4 (rather than 3) of those appointees to have special expertise
(as defined in Schedule 1).
Item [5] requires one of the appointees with special expertise to be an Aboriginal person or a
Torres Strait Islander and increases from 2 to 3 the number of those appointees who may (but
need not) be legal practitioners.
Item [6] increases the quorum for a meeting of the Board from 4 to 5 in consequence of the
additional member.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
1.18 Legal Profession Act 1987 No 109
[1] Section 69G Payment of certain costs and expenses from Fund
Insert after section 69G (1) (f):
(f1) the costs of the Commissioner in exercising functions
under Division 1AA of Part 3,
[2] Section 171F Appeals against decisions and orders of Tribunal
Omit "or" from section 171F (3) (a).
Insert instead "and".
Commencement
Item [2] of the amendments to the Legal Profession Act 1987 commences (or is taken to have
commenced) on the commencement of Schedule 1 [18] to the Legal Profession Amendment
(Disciplinary Provisions) Act 2001.
Explanatory note
Amendments made by the Legal Profession Amendment (Disciplinary Provisions) Act 2001
conferred additional functions on the Bar Council, Law Society Council and the Legal Services
Commissioner in relation to the issue, suspension and cancellation of practising certificates (see
Division 1AA of Part 3 of the Legal Profession Act 1987). Those amendments also provided for
the costs of those Councils in carrying out the new functions to be met from the Public Purpose
Fund under the Legal Profession Act 1987.
Item [1] of the proposed amendments provides for the costs of the Legal Services
Commissioner in carrying out those additional functions to be met from the Public Purpose
Fund.
The amendments made by the Legal Profession Amendment (Disciplinary Provisions) Act 2001
also provided for direct appeals to the Supreme Court from certain decisions and orders made
by the Legal Services Division of the Administrative Decisions Tribunal.
Item [2] makes a minor amendment to ensure that the grounds for such an appeal are the
same as the grounds for an appeal to the Appeal Panel of the Administrative Decisions Tribunal
from other decisions and orders made by the Legal Services Division of the Tribunal.
1.19 Local Government Act 1993 No 30
Section 429A
Insert after section 429:
429A Complaints about councils and officers of councils
(1) A public official within the meaning of the Protected Disclosures
Act 1994 may complain to the Director-General about the conduct
of a council or an officer of a council.
(2) A complaint may be made orally or in writing.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
(3) The Director-General may deal with a complaint made under this
section:
(a) by means of an investigation authorised under section 430,
or
(b) in such other manner as the Director-General considers
appropriate.
Explanatory note
The proposed amendment provides for the making to the Director-General of the Department
of Local Government of complaints, by certain persons, about the conduct of councils and
officers of councils.
Related amendments to the Protected Disclosures Act 1994 proposed to be made elsewhere
in this Schedule specify (among other things) the kinds of complaints ("disclosures") that will
attract the protection of that Act--that is, complaints in relation to serious and substantial waste
of local government money.
1.20 Mining Act 1992 No 29
[1] Schedule 4 Regulation making powers
Omit clause 11.
[2] Schedule 6 Savings, transitional and other provisions
Omit clauses 40 and 41.
Explanatory note
The Mining and Petroleum Legislation Amendment Act 2000 repealed Part 16 of the Mining
Act 1992. That Part established the Geological and Mining Museum Trust, which no longer
functioned at the time of that repeal.
Item [1] of the proposed amendments repeals provisions of the Mining Act 1992 that confer on
the Governor regulation-making powers in respect of the Trust.
Item [2] repeals savings and transitional provisions of that Act that relate to the Museum and
the Trust and to the repealed Geological and Mining Museum Regulation 1990.
1.21 Motor Accidents Compensation Act 1999 No 41
Section 69 Claims Assessment Guidelines of Authority
Omit "with respect to the procedures to be followed by claims assessors in"
from section 69 (1).
Insert instead "for or with respect to procedures for".
Explanatory note
Section 69 of the Motor Accidents Compensation Act 1999 enables the making of guidelines
with respect to the procedures to be followed by claims assessors in the assessment of claims
under Part 4.4 of that Act and related matters.
The proposed amendment makes it clear that guidelines may be made generally with respect
to procedures for claims assessments.
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
1.22 Occupational Health and Safety Act 2000 No 40
[1] Section 4 Definitions
Insert "but, despite the definition of mine in the latter Act, does include a coal
preparation plant that is a declared plant under Part 5A of that Act" after "the
Coal Mines Regulation Act 1982" in the definition of mine.
[2] Section 133 Application of Act to mines: references to WorkCover
Insert ", or a reference to the Minister administering any of those Acts" after
"Coal Mines Regulation Act 1982".
Explanatory Note
Meaning of "mine"
Division 2 of Part 5 (Powers of inspectors), sections 86 (Notification of accidents and other
matters) and 87 (Non-disturbance of plant etc) and Part 6 (Investigation, improvement and
prohibition notices) of the Occupational Health and Safety Act 2000 (the Act) do not apply to
mines (because provisions with respect to the matters dealt with by the non-applicable
provisions are contained in other legislation, such as the Coal Mines Regulation Act 1982).
The Act defines mine as meaning "a mine within the meaning of the Mines Inspection Act 1901
or the Coal Mines Regulation Act 1982". The definition of mine in the latter Act specifically
excludes "a coal preparation plant that is a declared plant under Part 5A". As such plants are
not mines for the purposes of the Act, the provisions of the Act that do not apply to mines do
apply to the plants. The plants are also regulated under Part 5A of the Coal Mines Regulation
Act 1982. Consequently, there is a duplication of certain investigative and enforcement
provisions in relation to the plants.
Item [1] of the proposed amendments removes that duplication by providing (in effect) that the
provisions of the Act that do not apply to mines also do not apply to coal preparation plants that
are declared plant under Part 5A of the Coal Mines Regulation Act 1982.
References to WorkCover in application of Act to mines
Section 133 of the Act currently allows the regulations to provide that, in connection with the
application of any provision of the Act to a mine, a reference in the provision to WorkCover is
taken to be or include a reference to a specified government department or agency, or an
officer of a government department or agency, exercising functions in connection with the
administration of the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982.
Item [2] of the proposed amendments allows the regulations also to deem such a reference to
be a reference to the Minister administering the Mines Inspection Act 1901 or the Coal Mines
Regulation Act 1982.
1.23 Petroleum (Onshore) Act 1991 No 84
[1] Section 3A
Insert after section 3:
3A Notes
Notes in the text of this Act do not form part of this Act.
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[2] Section 9 Grant of petroleum titles
Omit section 9 (1) (c). Insert instead:
(c) an area included in another application for a petroleum
title:
(i) that was made before the applicant's application,
and
(ii) that has not been withdrawn or otherwise finally
disposed of.
[3] Section 19A
Insert after section 19:
19A Withdrawal of application for grant or renewal of petroleum title
(1) An application for a petroleum title, or for the renewal of a
petroleum title, may be withdrawn by means of a written notice of
withdrawal signed by the applicant and lodged with the Director-
General.
(2) An application ceases to have effect when a notice of withdrawal
is lodged under this section.
(3) The withdrawal of an application under this section is irrevocable.
[4] Section 20
Omit the section. Insert instead:
20 Continuation of title pending renewal
If an application for the renewal of a title has not been withdrawn
or otherwise finally disposed of before the date on which the title
would, but for this section, expire, the title continues in force until
the date on which the application is withdrawn or otherwise finally
disposed of.
[5] Section 22 Cancellation or operational suspension of titles
Insert after section 22 (2):
(2AA) A request for cancellation of a petroleum title may be withdrawn
by means of a written notice of withdrawal signed by the holder of
the title and lodged with the Director-General. The request ceases
to have effect when the notice of withdrawal is lodged.
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[6] Section 22 (4) and (4A)
Omit the subsections. Insert instead:
(4) Cancellation of, or suspension of operations under, a petroleum
title takes effect on the date on which written notice of the
cancellation or suspension concerned is served on the holder of the
title, or on such later date as is specified in the notice.
(4A) Notice of a cancellation of a petroleum title is to be published in
the Gazette as soon as practicable after the cancellation takes
effect.
[7] Section 32 Direction to holder of exploration licence to apply for lease
Insert at the end of the section:
Note. Section 22 (4) specifies the time at which cancellation of a petroleum title
(which includes an exploration licence) takes effect.
[8] Section 37 Direction to holder of assessment lease to apply for
production lease
Insert at the end of the section:
Note. Section 22 (4) specifies the time at which cancellation of a petroleum
title (which includes an assessment lease) takes effect.
[9] Section 96 Applications for transfer of title
Insert after section 96 (4):
(5) An application for approval of the transfer of a petroleum title may
be withdrawn by means of a written notice of withdrawal signed
by the applicant and lodged with the Director-General. The
application ceases to have effect when the notice of withdrawal is
lodged.
(6) The withdrawal of an application under this section is irrevocable.
Transitional
Sections 19A, 22 (2AA) and 96 (5) and (6) of the Petroleum (Onshore) Act 1991, as inserted
by this Act, extend to apply to and in respect of an application or request made, but not finally
disposed of, before the commencement of those sections.
Explanatory Note
Grants of petroleum titles
Section 9 (1) (c) of the Petroleum (Onshore) Act 1991 (the Act) currently prevents the Minister
from granting a petroleum title over "an area included in an application made by another person
for a petroleum title, where the application has not yet been determined".
Item [2] of the proposed amendments repeals and re-enacts that paragraph so as to make it
clear that the paragraph prevents the granting of an application for a petroleum title only if there
is still outstanding an earlier application relating to the same area of land.
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
Withdrawals of applications and requests relating to petroleum titles
Items [3], [5] and [9] of the proposed amendments provide for the withdrawal of the following:
(a) applications for grants or renewals of petroleum titles,
(b) requests for cancellation of petroleum titles,
(c) applications for approval of transfers of petroleum titles.
Continuation in force of petroleum titles
Section 20 of the Act currently provides for the continuation in force of a petroleum title pending
the determination of an application for its renewal. The section provides that the title continues
in force "until the date on which the title is renewed or on which notification of refusal of renewal
is published in the Gazette or until the title is cancelled".
Item [4] of the proposed amendments repeals and re-enacts that section so as to provide
(consistently with certain other mining legislation) that the title remains in force until the
application for renewal is "finally disposed of".
Cancellation and suspension of petroleum titles
Section 22 of the Act specifies certain circumstances in which a petroleum title may be
cancelled or operations under a petroleum title may be suspended. Section 22 (4) currently
provides that a cancellation under section 22 takes effect "on the date of notification of the
cancellation in the Gazette". Section 22 (4A) provides that a suspension under section 22 takes
effect "on the date on which written notice of the suspension is served on the holder of the title
or on such later date as is specified in the notice".
Item [6] of the proposed amendments repeals and re-enacts section 22 (4) and (4A) so as to
provide that all cancellations of, and suspensions of operation under, petroleum titles (not
merely cancellations and suspensions under section 22) take effect on the date on which
written notice of the cancellation or suspension concerned is served on the holder of the title,
or on such later date as is specified in the notice. Notice of a cancellation is also required to be
published in the Gazette.
Items [7] and [8] add notes referring to section 22 (4) to sections 32 and 37. Those sections
provide for the cancellation, in other circumstances, of particular kinds of petroleum titles.
Statute law revision
Item [1] of the proposed amendments inserts a section regarding notes in the Act.
1.24 Protected Disclosures Act 1994 No 92
[1] Section 4 Definitions
Insert at the end of the definition of investigating authority:
, or
(f) the Director-General of the Department of Local
Government.
[2] Section 4, definition of "investigation Act"
Insert at the end of the definition:
, or
(e) the Local Government Act 1993.
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
[3] Section 4
Insert in alphabetical order:
local government authority means:
(a) a council, or
(b) a county council,
within the meaning of the Local Government Act 1993.
[4] Section 4, definition of "public authority"
Insert "(including a local government authority)" after "any public authority".
[5] Section 4, definition of "relevant investigation Act"
Omit the definition. Insert instead:
relevant investigation Act means:
(a) in relation to an investigating authority other than the
Director-General of the Department of Local
Government--the Act that appoints or constitutes the
investigating authority, and
(b) in relation to the investigating authority that is the Director-
General of the Department of Local Government--the
Local Government Act 1993.
[6] Section 12B
Insert after section 12A:
12B Disclosure to Director-General of Department of Local
Government concerning serious and substantial waste in local
government
(1) To be protected by this Act, a disclosure by a public official to the
Director-General of the Department of Local Government must:
(a) be made in accordance with the Local Government
Act 1993, and
(b) be a disclosure of information that shows or tends to show
that a local government authority or an officer of a local
government authority has seriously and substantially
wasted local government money.
(2) In this section, local government money includes all revenue,
loans and other money collected, received or held by, for or on
account of a local government authority.
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[7] Section 17 Disclosures concerning merits of government policy
Insert at the end of the section:
(2) In this section, government policy includes the policy of the
governing body of a local government authority.
[8] Section 20 Protection against reprisals
Insert after section 20 (2):
(3) Proceedings for an offence against this section may be instituted at
any time within 2 years after the offence is alleged to have been
committed.
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 (but only
in so far as Schedule 1 to that Act amends this Act, the Defamation
Act 1974 and the Local Government Act 1993)
[10] Schedule 2, clauses 5 and 6
Insert after clause 4:
5 Disclosures to Director-General of Department of Local
Government concerning serious and substantial waste in local
government
A disclosure referred to in section 12B is protected by this Act
even if it relates to conduct or activities engaged in, or matters
arising, before the commencement of that section.
6 Proceedings for certain offences
Section 20 (3) extends to apply to proceedings for offences against
section 20 committed less than 6 months before the
commencement of that subsection.
Explanatory note
Disclosures concerning waste in local government
The effect of items [1][7] of the proposed amendments is to extend the protection of the
Protected Disclosures Act 1994 to disclosures by certain persons about serious and substantial
waste of local government money.
Under the Act, a disclosure is a protected disclosure if it satisfies the relevant requirements
of Part 2 of that Act--one of which is that the disclosure is made to an investigating authority
(or to certain other persons).
Item [1] of the proposed amendments amends the definition of investigating authority so as
to include the Director-General of the Department of Local Government.
Page 26
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
Item [6] of the proposed amendments specifies the kinds of disclosures to the Director-General
of the Department of Local Government that will attract the protection of the Act.
Items [2][5] and [7] make consequential amendments by inserting new definitions in the Act
or amending existing definitions.
Related amendments to the Defamation Act 1974 and the Local Government Act 1993 are
proposed to be made elsewhere in this Schedule.
Time for instituting certain proceedings
Item [8] of the proposed amendments extends from 6 months (in accordance with the Justices
Act 1902) to 2 years the time within which proceedings may be brought for an offence against
section 20. This is for consistency with section 206 of the Police Service Act 1990, which was
amended by the Police Service Amendment (Complaints) Act 2001 to reflect section 20 in other
respects.
Savings and transitional provisions
Items [9] and [10] of the proposed amendments insert savings and transitional provisions
arising out of the amendments referred to above.
1.25 Stock (Chemical Residues) Act 1975 No 26
[1] Section 8 Notice for detention of chemically affected stock
Insert after section 8 (3):
(3A) The Minister may give the further notice referred to in subsection
(3) either personally or by an authorised agent, regardless of the
manner in which the notice under subsection (1) was given.
[2] Section 8 (4)
Omit "subsection (1)". Insert instead "this section".
[3] Section 8 (5) (a)
Omit "him". Insert instead "the person".
Explanatory note
Section 8 (1) of the Stock (Chemical Residues) Act 1975 enables the Minister, either personally
or by an authorised agent, to issue a notice (a detention notice) to detain chemically affected
stock. Section 8 (3) enables the Minister, by a further notice, to revoke the detention notice or
release any of the stock from being bound by it.
Item [1] of the proposed amendments makes it clear that the second notice may also be issued
either by the Minister personally or by an authorised agent.
Item [2] of the proposed amendments makes a consequential amendment.
Item [3] of the proposed amendments replaces gender-specific language with gender-neutral
language.
Page 27
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
1.26 Tow Truck Industry Act 1998 No 111
[1] Section 3 Definitions
Insert in alphabetical order:
appointed member, in relation to the Board, means a member
other than the Director-General or the Director-General's nominee.
Director-General means the Director-General of the Department
of Transport.
[2] Section 9 Board of TTA
Omit section 9 (2). Insert instead:
(2) The Board is to consist of the following members:
(a) the Director-General or a nominee of the Director-General
(being an officer of the Department of Transport),
(b) 4 members appointed by the Minister.
[3] Section 9 (4)
Omit "the other". Insert instead "another".
[4] Schedule 1 Members and procedure of Board and Advisory Council
Omit the definition of appointed member from clause 1.
[5] Schedule 2 Savings and transitional provisions
Insert after clause 8:
Part 3 Miscellaneous
9 Continuity of office of appointed members of Board
A person holding office as an appointed member of the Board
immediately before the repeal and re-enactment of section 9 (2) by
the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 is
taken to have been appointed under that subsection (as re-enacted)
for the balance of the member's term of office.
Explanatory note
At present, section 9 (2) of the Tow Truck Industry Act 1998 provides that the Board of the Tow
Truck Authority consists of the General Manager of that Authority and 2 members appointed
by the Minister. The appointed members are part-time members.
Item [2] of the proposed amendments repeals and re-enacts section 9 (2) so as to provide,
instead, that the Board consists of the Director-General of the Department of Transport (or an
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Minor amendments Schedule 1
officer of that Department nominated by the Director-General) and 4 members appointed by the
Minister. The appointed members will continue to be part-time members (as provided by section
9 (3)).
Items [1] and [3][5] of the proposed amendments make consequential amendments and insert
a transitional provision.
1.27 Travel Agents Act 1986 No 5
Section 17 Annual fee and annual statement
Insert "(if any)" after "prescribed late fee" in section 17 (8).
Explanatory note
At present, section 17 (8) of the Travel Agents Act 1986 requires the Director-General of the
Department of Fair Trading to give to a licensee who has failed to pay an annual fee, or lodge
a statement, or pay a fee and lodge a statement, in accordance with section 17 and the
regulations, notice in writing that, unless the fee is paid or the statement lodged (or the fee is
paid and the statement lodged) "together with the prescribed late fee", before a day specified
in the notice, the licence will be cancelled.
The proposed amendment makes it clear that it is not essential that a late fee be prescribed
(and, therefore, imposed).
1.28 Valuers Registration Act 1975 No 92
[1] Section 16 Renewal of registration under this Part
Insert "and on payment of the prescribed fee," before "be renewed for a like
period" in section 16 (1) (b).
[2] Section 16 (3A)
Insert after section 16 (3):
(3A) However, an application for renewal of registration under
subsection (1), whenever made, is taken not to have been duly
made unless the prescribed fee is paid.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 1 Minor amendments
[3] Section 17 Certificate of registration under this Part
Insert at the end of the section:
(4) If the Director-General is satisfied that a certificate of registration
has been lost, stolen, damaged or destroyed, the Director-General
may issue a replacement certificate on payment of the prescribed
fee.
Explanatory note
Item [1] of the proposed amendments removes any doubt as to the power of the Director-
General of the Department of Fair Trading to charge a fee for the annual renewal, under the
Valuers Registration Act 1975, of a person's registration as a real estate valuer.
Item [2] makes it clear that an application for renewal of registration under the Act is not duly
made unless the prescribed fee is paid.
Item [3] enables the Director-General to replace lost, stolen, damaged or destroyed certificates
of registration on payment of the prescribed fee.
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Agricultural Industry Services Act 1998 No 45
[1] Section 21
Renumber subsections (3) and (4) (as inserted by the Corporations
(Consequential Amendments) Act 2001) as subsections (2A) and (2B)
respectively.
[2] Section 21 (2B) (as renumbered by item [1])
Omit "subsection (3)". Insert instead "subsection (2A)".
Explanatory note
The proposed amendments correct a duplication of subsection numbers.
2.2 Associations Incorporation Act 1984 No 143
Section 3
Omit "Commissioner" from the definition of approved.
Insert instead "Director-General".
Explanatory note
The proposed amendment updates a reference to an office holder.
2.3 Bail Regulation 1999
Clause 23 Prescribed information respecting forfeiture of bail money
Omit the clause.
Explanatory note
The proposed amendment omits a redundant clause in a regulation, the empowering provision
for which has been repealed.
2.4 Betting Tax Act 2001 No 43
[1] Section 12 Rebate of tax to racing clubs
Omit "section 6" from section 12 (1). Insert instead "Part 2".
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
[2] Schedule 3 Amendment of Totalizator Act 1997
Omit "section 71 (4)" from Schedule 3 [5]. Insert instead "section 71 (3)".
Explanatory note
Item [1] of the proposed amendments corrects a cross-reference.
Item [2] of the proposed amendments corrects an incorporating direction.
2.5 Business Names Act 1962 No 11
Section 4
Omit "Commissioner" from the definition of approved in section 4 (1).
Insert instead "Director-General".
Explanatory note
The proposed amendment updates a reference to an office holder.
2.6 Confiscation of Proceeds of Crime Act 1989 No 90
Section 4
Omit "State Drug Crime Commission" from paragraph (b) of the definition of
prescribed authority in section 4 (1).
Insert instead "New South Wales Crime Commission".
Explanatory note
The proposed amendment updates a reference to a statutory body.
2.7 Conveyancing (Sale of Land) Regulation 2000
Schedule 3
Omit "Energy Services Corporation Act 1995" from item 3 of Part 3.
Insert instead "Energy Services Corporations Act 1995".
Explanatory note
The proposed amendment corrects the citation of an Act.
2.8 Co-operative Housing and Starr-Bowkett Societies Act 1998
No 11
Section 129
Omit "entitities" from section 129 (a). Insert instead "entities".
Explanatory note
The proposed amendment corrects a typographical error.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
2.9 Co-operatives Regulation 1997
Clause 15
Omit "Corporations (Ancillary Provision) Act 2001" from clause 15 (1).
Insert instead "Corporations (Ancillary Provisions) Act 2001".
Explanatory note
The proposed amendment corrects the citation of an Act.
2.10 Corporations (Consequential Amendments) Act 2001 No 34
[1] Schedule 4
Omit "articles or association" from Schedule 4.58 [22].
Insert instead "articles of association".
[2] Schedule 4.62
Omit "53" wherever occurring and in the Explanatory note to the Schedule item.
Insert instead "58".
Explanatory note
The proposed amendments correct incorporating directions.
2.11 Crimes (Administration of Sentences) Act 1999 No 93
Schedule 5
Renumber Part 3 and clause 60 (as inserted by the Crimes (Administration of
Sentences) Amendment Act 2000) as Part 2A and clause 59A respectively.
Explanatory note
The proposed amendment rectifies a duplication of numbers.
2.12 Criminal Assets Recovery Act 1990 No 23
Section 4
Omit the definition of Commission from section 4 (1). Insert instead:
Commission means the New South Wales Crime Commission
constituted under the New South Wales Crime Commission
Act 1985.
Explanatory note
The proposed amendment updates a reference to a statutory body and the Act under which it
is constituted.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
2.13 Criminal Records Act 1991 No 8
Section 13
Omit "State Drug Crime Commission" from paragraph (h) of the definition of
law enforcement agency in section 13 (5).
Insert instead "New South Wales Crime Commission".
Explanatory note
The proposed amendment updates a reference to a statutory body.
2.14 Crown Lands (General Reserves) By-law 2001
[1] Schedule 1 Reserves to which this By-law applies
Insert "Reserve" after "Moonee Beach" in the matter relating to Moonee Beach
in the column headed "Reserve name" in Part 1 of Schedule 1.
[2] Schedule 1, matter relating to Moonee Beach
Omit "Reserve" where secondly occurring in the column headed "Corporate
name".
Explanatory note
The proposed amendments correct errors arising from the transposition of a word.
2.15 Dust Diseases Tribunal Act 1989 No 63
Section 10 Jurisdiction and functions of the Tribunal
Insert "declared to be" after "following matters are" in section 10 (6).
Commencement
The proposed amendment is taken to have commenced on 15 July 2001.
Explanatory note
The proposed amendment ensures that consistent terminology is used in provisions that invoke
section 5F of the Corporations Act 2001 of the Commonwealth.
2.16 Entertainment Industry Act 1989 No 230
Section 4
Omit "mean" from the definition of director in section 4 (1).
Insert instead "meaning".
Explanatory note
The proposed amendment corrects a typographical error.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
2.17 Environmental Planning and Assessment Regulation 2000
Clause 3
Renumber paragraphs (d) and (e) of the definition of fire safety schedule as
paragraphs (a) and (b).
Explanatory note
The proposed amendment corrects an error in paragraph numbering.
2.18 Exotic Diseases of Animals Act 1991 No 73
Section 3
Omit the section. Insert instead:
3 Definitions
Words and expressions that are defined in the Dictionary at the end
of this Act have the meanings set out in that Dictionary.
Explanatory note
The proposed amendment removes a listing of terms defined in the Dictionary.
2.19 Forestry Act 1916 No 55
[1] Section 27
Omit "or, or" from section 27 (3) (a) (v).
[2] Section 27 (3) (a) (vi)
Renumber the subparagraph (as inserted by the Rural Lands Protection Act
1998) as subparagraph (va) and insert "or" at the end of the subparagraph.
Explanatory note
Item [1] of the proposed amendments omits redundant words.
Item [2] of the proposed amendments corrects paragraph numbering.
2.20 Freight Rail Corporation (Sale) Act 2001 No 35
[1] Section 2
Omit the section. Insert instead:
2 Commencement
(1) This Act (other than section 53 and Schedule 3) is taken to have
commenced on 13 July 2001.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
(2) Section 53 and Schedule 3 to this Act commence on a day or days
to be appointed by proclamation.
Explanatory note
A proclamation commencing the Freight Rail Corporation (Sale) Act 2001 (other than section 53
and Schedule 3) on 13 July 2001 was published in Gazette No 111 of 13 July 2001 at page
5369. An earlier proclamation purporting to commence the whole of the Act on 6 July 2001
should not have been published. The mistake was corrected by an erratum notice published
in Gazette No 111 of 13 July 2001 at page 5370. The amendment confirms the effect of the
proclamation published on 13 July 2001.
[2] Schedule 1 clause 1
Omit "from whom any assets" from the definition of transferee.
Insert instead "to whom any assets".
Omit "to whom any assets" from the definition of transferor.
Insert instead "from whom any assets".
Explanatory note
Schedule 1 to the Freight Rail Corporation (Sale) Act 2001 deals with the transfer of assets,
rights and liabilities (under transfer orders to be made pursuant to the sale of FreightCorp) from
the transferor to the transferee. The amendment corrects a mistake in the definitions of
transferee and transferor caused by the transposition of the terms "to whom" and "from
whom".
2.21 Funeral Funds Act 1979 No 106
[1] Section 74A
Omit "Registrar of Funeral Funds" from section 74A (1) (a).
Insert instead "Director-General of the Department of Fair Trading".
[2] Section 74A (1) (a)
Omit "Registrar" where secondly occurring.
Insert instead "Director-General".
[3] Section 74A (1) (b)
Omit "Registrar of Funeral Funds" where firstly occurring.
Insert instead "Director-General of the Department of Fair Trading".
[4] Section 74A (1) (b)
Omit "Registrar of Funeral Funds" where secondly occurring.
Insert instead "Director-General".
Explanatory note
The proposed amendments update references to an office holder.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
2.22 Home Building Legislation Amendment Act 2001 No 51
[1] Schedule 7
Omit "from" from Schedule 7 [8]. Insert instead "wherever occurring in".
[2] Schedule 9
Omit so much of Schedule 9 [2] as inserts clause 56 into Part 8 of Schedule 4
to the Home Building Act 1989.
Explanatory note
Item [1] of the proposed amendments clarifies an incorporation direction.
Item [2] of the proposed amendments omits an uncommenced provision that validates certain
certificates of insurance provided under insurance contracts issued by HIH Casualty and
General Insurance Limited or FAI General Insurance Company Limited. The clause is now
redundant as the certificates of insurance concerned have been validated by clause 67 of
Schedule 4 to the Home Building Act 1989 as inserted by the Insurance (Policyholders
Protection) Legislation Amendment Act 2001.
2.23 Hunters Hill Congregational Church Act 1977 No 30
Section 9
Omit "persn" from section 9 (1) (b). Insert instead "person".
Explanatory note
The proposed amendment corrects a typographical errror.
2.24 Innovation Council Act 1996 No 77
Schedule 1
Omit "renumeration" from clause 4 (4). Insert instead "remuneration".
Explanatory note
The proposed amendment corrects a typographical error.
2.25 Motor Accidents Compensation Regulation (No 2) 1999
Clause 16AA Third-party insurance policies issued under Motor
Accidents Act 1988 where insurer becomes insolvent
Omit the clause.
Explanatory note
The proposed amendment omits a provision of a savings and transitional nature that is
transferred to the Motor Accidents Compensation Act 1999 by an amendment made in
Schedule 4.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
2.26 Ombudsman Act 1974 No 68
Schedule 1
Omit item 19. Insert instead:
19 Conduct of a public authority where acting as a member of the
New South Wales Crime Commission, or the New South Wales
Crime Commission Management Committee, under the New South
Wales Crime Commission Act 1985.
Explanatory note
The proposed amendment updates references to statutory bodies and to an Act.
2.27 Passenger Transport (Private Hire Vehicle Services)
Regulation 2001
Schedule 1
Omit "employer" from Column 3 of the matter relating to clause 24 (2) in
Part 2.
Insert instead "employee".
Explanatory note
The proposed amendment corrects a typographical error.
2.28 Prevention of Cruelty to Animals Act 1979 No 200
Section 8
Omit "Rural Lands Protection Act 1989" from section 8 (4).
Insert instead "Rural Lands Protection Act 1998".
Explanatory note
The proposed amendment updates a reference to an Act.
2.29 Protection of the Environment Operations Act 1997 No 156
Section 146D Littering reports
Omit "or the State Waste Advisory Council" from section 146D (5).
Explanatory note
The proposed amendment omits a reference to a body that was abolished by the Waste
Avoidance and Resource Recovery Act 2001.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
2.30 Racing Administration Act 1998 No 114
Section 26I
Omit "Mininster" from section 26I (6). Insert instead "Minister".
Explanatory note
The proposed amendment corrects a typographical error.
2.31 Rural Lands Protection (General) Regulation 2001
Schedule 6
Omit "18 (2)" from Column 1 of Part 2. Insert instead "18 (3)".
Explanatory note
The proposed amendment corrects a cross reference.
2.32 State Owned Corporations Act 1989 No 134
[1] Schedule 6
Insert "of any requirement" after "contravention" in clause 2 (2).
[2] Schedule 7
Insert "of any requirement" after "contravention" in clause 2 (2).
Explanatory note
The proposed amendments give effect to amendments made by the Statute Law
(Miscellaneous Provisions) Act 2001 that were unincorporable because the Schedules were
replaced before that Act came into force. Those amendments inserted omitted words.
2.33 Statute Law (Miscellaneous Provisions) Act 2001 No 56
[1] Schedule 1
Insert "where firstly occurring" after "controlled activity" in Schedule 1.22 [2].
[2] Schedule 4
Omit "Consumer Credit (New South Wales) Act 1993 No 7".
Insert instead "Consumer Credit (New South Wales) Act 1995 No 7".
Commencement
Item [2] of the amendments to the Statute Law (Miscellaneous Provisions) Act 2001 is taken
to have commenced on 17 July 2001.
Explanatory note
Item [1] of the proposed amendments clarifies an incorporation direction.
Item [2] of the proposed amendments corrects the citation of an Act.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
2.34 Superannuation Administration (Electricity Superannuation
Scheme Transitional Provisions) Regulation 1997
[1] Part 5 (where firstly occurring)
Renumber the Part as Part 6 and insert it after clause 39.
[2] Part 6 (as renumbered)
Renumber clauses 18 and 19 as clauses 40 and 41.
Explanatory note
The proposed amendments correct duplicated numbering.
2.35 Superannuation Administration (Local Government
Superannuation Scheme Transitional Provisions)
Regulation 1997
[1] Part 5 (where firstly occurring)
Renumber the Part as Part 6 and insert it after clause 40.
[2] Part 6 (as renumbered)
Renumber clauses 18 and 19 as clauses 41 and 42.
Explanatory note
The proposed amendments correct duplicated numbering.
2.36 Telecommunications (Interception) (New South Wales) Act 1987
No 290
[1] Section 3
Omit "State Drug Crime Commission" wherever occurring.
Insert instead "New South Wales Crime Commission".
[2] Section 21
Omit "State Drug Crime Commission Act 1985" from paragraph (b) (iv).
Insert instead "New South Wales Crime Commission Act 1985".
Explanatory note
The proposed amendments update references to a statutory body and the Act under which it
is constituted.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments by way of statute law revision Schedule 2
2.37 Trade Measurement Administration Act 1989 No 234
Section 5
Omit "Commissioner" in section 5 (2). Insert instead "Director-General".
Explanatory note
The proposed amendment updates a reference to an office holder.
2.38 Victims Compensation Rule 1997
Clause 12E
Omit "Local Court (Civil Claims) Act 1970" from clause 12E (2).
Insert instead "Local Courts (Civil Claims) Act 1970".
Explanatory note
The proposed amendment corrects the citation of an Act.
2.39 Warnervale Airport (Restrictions) Act 1996 No 57
Section 8
Omit "incease" from section 8 (4). Insert instead "increase".
Explanatory note
The proposed amendment corrects a typographical error.
2.40 Waste Avoidance and Resource Recovery Act 2001 No 58
[1] Section 18
Omit the last sentence of section 18 (2).
[2] Section 18 (4)
Insert after section 18 (3):
(4) The EPA is, not later than 3 months after the closing date for
submissions, to publish a report on any submissions received by
the EPA and to make the report available to the public.
[3] Section 19
Insert "Waste" before "Fund" in section 19 (3).
Explanatory note
Items [1] and [2] of the proposed amendments transfer a provision to a more appropriate part
of a section.
Item [3] of the proposed amendments inserts an omitted word.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 2 Amendments by way of statute law revision
2.41 Water Management Act 2000 No 92
[1] Section 198
Omit the definitions of ratable land and ratable person.
[2] Section 201
Omit "members" from section 201 (4) (a). Insert instead "directors".
Explanatory note
Item [1] of the proposed amendments omits defined terms that are not used in the Act.
Item [2] of the proposed amendments corrects a reference to office holders.
2.42 Workers Compensation Act 1987 No 70
Section 147
Insert "declared to be" after "following matters are" in section 147 (5).
Commencement
The proposed amendment is taken to have commenced on 15 July 2001.
Explanatory note
The proposed amendment ensures that consistent terminology is used in provisions that invoke
section 5F of the Corporations Act 2001 of the Commonwealth.
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments to facilitate implementation of SGML as a markup language Schedule 3
for legislation
Schedule 3 Amendments to facilitate implementation
of SGML as a markup language for
legislation
(Section 3)
3.1 Associations Incorporation Act 1984 No 143
Section 21A Register of committee members
Omit "(subsections (1)(5))" from the matter setting out the maximum penalty
for offences.
3.2 Children and Young Persons (Care and Protection) Act 1998
No 157
Section 214 Information to be provided
Omit "(subsections (1)(3))" from the matter setting out the maximum penalty
for offences.
3.3 Chiropractors and Osteopaths Act 1991 No 7
Schedule 3 Proceedings before a Committee and the Tribunal
Omit "(subclauses (4) and (5))" from the matter setting out the maximum
penalty for offences in clause 2.
3.4 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
[1] Section 15 Films to display determined markings and consumer advice
Omit "(subsections (1)(3))" from the matter setting out the maximum penalty
for offences and transfer that matter to the end of the section.
[2] Section 18 Possession or copying of films for purpose of sale or
exhibition
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences and transfer that matter to the end of the section.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 3 Amendments to facilitate implementation of SGML as a markup language
for legislation
[3] Section 23 Misleading or deceptive markings
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences and transfer that matter to the end of the section.
[4] Section 34 Computer games to display determined markings and
consumer advice
Omit "(subsections (1)(4))" from the matter setting out the maximum penalty
for offences and transfer that matter to the end of the section.
[5] Section 37 Possession or copying of computer games for purpose of
sale or demonstration
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences and transfer that matter to the end of the section.
[6] Section 40 Advertisements with feature films
Insert at the end of section 40 (1):
Maximum penalty: 50 penalty units for an individual, 100 penalty
units for a corporation.
[7] Section 40 (2)
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences.
[8] Section 43 Misleading or deceptive advertisements
Insert at the end of section 43 (1):
Maximum penalty: 50 penalty units for an individual, 100 penalty
units for a corporation.
[9] Section 43 (2)
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences.
3.5 Co-operatives Act 1992 No 18
Section 287 Notice required to be given of substantial share interest
Omit "(subsections (1)(3))" from the matter setting out the maximum penalty
for offences and transfer that matter to the end of the section.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments to facilitate implementation of SGML as a markup language Schedule 3
for legislation
3.6 Firearms Act 1996 No 46
[1] Sections 37 and 48
Omit "(subsections (1) and (2))" from the matter setting out the maximum
penalty for offences wherever occurring.
[2] Section 44 Information about close associates of firearms dealers
Omit "(subsections (2)(4))" from the matter setting out the maximum penalty
for offences.
[3] Section 45 Recording of transactions
Omit "(subsections (2)(7))" from the matter setting out the maximum penalty
for offences.
[4] Sections 52 and 65
Omit "(subsections (1)(3))" from the matter setting out the maximum penalty
for offences wherever occurring and transfer the matter concerned to the end of
the relevant section.
3.7 Grain Marketing Act 1991 No 15
[1] Section 50 Delivery of commodity
Omit "(subsections (2) and (3))" from the matter setting out the maximum
penalty for offences.
[2] Section 86 Information to be furnished
Omit "(subsections (2) and (4))" from the matter setting out the maximum
penalty for offences.
3.8 Navigation Act 1901 No 60
Section 3 Definitions
Omit "any reference to failure to do any act or thing shall include a reference to
refusal to do that act or thing".
Insert instead:
(2) In this Act, a reference to a failure to do any act or thing includes
a reference to a refusal to do that act or thing.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 3 Amendments to facilitate implementation of SGML as a markup language
for legislation
3.9 Nurses Act 1991 No 9
Schedule 2 Proceedings before a Committee and the Tribunal
Omit "(subclauses (4) and (5))" from the matter setting out the maximum
penalty for offences in clause 2.
3.10 Physiotherapists Registration Act 1945 No 9
Section 28A Power to summon witnesses, take evidence and obtain
documents at inquiries
Omit the matter setting out the maximum penalty for offences under
subsections (4) and (5).
3.11 Plant Diseases Act 1924 No 38
Schedules 1 and 2
Omit the bullet points wherever occurring.
3.12 Podiatrists Act 1989 No 23
Section 15A Power to summon witnesses, take evidence and obtain
documents at inquiries
Omit the matter setting out the maximum penalty for offences under
subsections (4) and (5).
3.13 Psychologists Act 1989 No 51
Section 15A Power to summon witnesses, take evidence and obtain
documents at inquiries
Omit the matter setting out the maximum penalty for offences under subsections
(4) and (5).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments to facilitate implementation of SGML as a markup language Schedule 3
for legislation
3.14 Public Authorities (Financial Arrangements) Act 1987 No 33
Schedule 4
Omit the heading "Preliminary" occurring before clause 1 in Schedule 4.
Insert instead "Part 1A Preliminary".
3.15 Retail Leases Act 1994 No 46
Section 25A Limits on sinking funds
Omit "(subsections (2), (3) and (4))" from the matter setting out the maximum
penalty for offences.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 4 Amendments transferring provisions
Schedule 4 Amendments transferring provisions
(Section 3)
4.1 Heritage Act 1977 No 136
Schedule 1 Savings and transitional provisions
Insert after Part 1:
Part 1A Provisions consequent on enactment of
Heritage (Amendment) Act 1987
1A Application of amendments
(1) Sections 146A146C, as inserted by the amending Act, do not
apply to or in respect of a relic obtained from an excavation
carried out pursuant to an excavation permit issued before 3 April
1987.
(2) This clause is taken to have commenced on 3 April 1987 (the date
of commencement of the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) clause 4 of
Schedule 5 to the amending Act. Subclause (1) is a transferred
provision to which section 30A of the Interpretation Act 1987
applies.
(4) In this clause:
amending Act means the Heritage (Amendment) Act 1987.
Explanatory note
The proposed amendment inserts in Schedule 1 (Savings and transitional provisions) to the
Heritage Act 1977 the substance of transitional provisions (of possible ongoing effect) contained
in the Heritage (Amendment) Act 1987. The enactment of the amendment enables the repeal,
by Schedule 5 to this Act, of that Act. In accordance with section 30A of the Interpretation
Act 1987, the transfer of the provisions does not affect the operation (if any) or meaning of the
provisions.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments transferring provisions Schedule 4
4.2 Motor Accidents Compensation Act 1999 No 41
Schedule 5 Savings, transitional and other provisions
Insert after clause 15:
15A Third-party insurance policies issued under Motor Accidents
Act 1988 where insurer becomes insolvent
(1) Part 7.3 extends to any claim made under a third-party policy of
insurance issued under the Motor Accidents Act 1988 in respect of
a motor accident occurring before the commencement of that Part
as if the policy had been issued under this Act.
(2) Part 7.3 extends as referred to in subclause (1):
(a) whether or not the third-party policy of insurance has had
effect for any period after the commencement of that Part,
and
(b) whether the claim was made before or after the
commencement of that Part, and
(c) whether the relevant insurer became an insolvent insurer
before or after the commencement of this clause.
Explanatory note
The proposed amendment transfers a provision of a savings and transitional nature from the
Motor Accidents Compensation Regulation (No 2) 1999 into its parent Act.
4.3 National Crime Authority (State Provisions) Act 1984 No 157
Section 35 and Schedule 1
Insert after section 34:
35 Savings and transitional provisions
Schedule 1 has effect.
Schedule 1 Savings and transitional provisions
(Section 35)
1 Transitional provision consequent on enactment of National
Crime Authority (State Provisions) Amendment Act 1994
(1) Section 6 (as amended by Schedule 1 (2) to the amending Act)
applies to investigations started before 1 January 1995 as well as
to investigations started after that date.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 4 Amendments transferring provisions
(2) This clause is taken to have commenced on 1 January 1995 (the
date of commencement of the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) section 4 of the
amending Act. Subclause (1) is a transferred provision to which
section 30A of the Interpretation Act 1987 applies.
(4) In this clause:
amending Act means the National Crime Authority (State
Provisions) Amendment Act 1994.
Explanatory note
The proposed amendment inserts Schedule 1 (Savings and transitional provisions) into the
National Crime Authority (State Provisions) Act 1984. The Schedule includes the substance of
a transitional provision (of possible ongoing effect) contained in the National Crime Authority
(State Provisions) Amendment Act 1994. The enactment of the amendment enables the repeal,
by Schedule 5 to this Act, of that Act. In accordance with section 30A of the Interpretation
Act 1987, the transfer of the provision does not affect the operation (if any) or meaning of the
provision.
4.4 Transport Employees Retirement Benefits Act 1967 No 96
[1] Section 65
Insert after section 64:
65 Savings and transitional provisions
Schedule 7 has effect.
[2] Schedule 7
Insert after Schedule 6:
Schedule 7 Savings and transitional provisions
(Section 65)
1 Transitional provision consequent on enactment of Transport
Employees Retirement Benefits (Amendment) Act 1979
(1) Part 3, as amended by the amending Act, applies in respect of a
contributor who died on or after 25 May 1979 (the date of
commencement of the amending Act).
(2) Part 3, as in force before the commencement of the amending Act,
applies in respect of a contributor who died before 25 May 1979
as if the amending Act had not been enacted.
(3) This clause is taken to have commenced on 25 May 1979 (the date
of commencement of the amending Act).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Amendments transferring provisions Schedule 4
(4) Subclauses (1) and (2) re-enact (with minor modifications) section
3 of the amending Act. Subclauses (1) and (2) are transferred
provision to which section 30A of the Interpretation Act 1987
applies.
(5) In this clause:
amending Act means the Transport Employees Retirement Benefits
(Amendment) Act 1979.
Explanatory note
The proposed amendments insert Schedule 7 (Savings and transitional provisions) into the
Transport Employees Retirement Benefits Act 1967. The Schedule includes the substance of
a transitional provision (of possible ongoing effect) contained in the Transport Employees
Retirement Benefits (Amendment) Act 1979. The enactment of the amendments enables the
repeal, by Schedule 5 to this Act, of that Act. In accordance with section 30A of the
Interpretation Act 1987, the transfer of the provision does not affect the operation (if any) or
meaning of the provision.
4.5 Valuers Registration Act 1975 No 92
[1] Part 5
Omit the heading to Part 5.
[2] Section 31
Insert before Schedule 1:
31 Savings and transitional provisions
Schedule 2 has effect.
[3] Schedule 2
Insert after Schedule 1:
Schedule 2 Savings and transitional provisions
(Section 31)
1 Savings provision consequent on enactment of Valuers
Registration (Amendment) Act 1981
(1) Subject to this Act, as amended by the amending Act, a person
who, immediately before 12 February 1982, was registered as:
(a) a practising real estate valuer, on and from that day
continues to be registered as a practising real estate valuer,
and
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 4 Amendments transferring provisions
(b) a non-practising real estate valuer, on and from that day
continues to be registered as a non-practising real estate
valuer.
(2) The practising real estate valuers subdivision of the register as in
existence immediately before 12 February 1982 is, subject to this
Act, as amended by the amending Act, taken on and from that day
to be the practising real estate valuers division of the register.
(3) The non-practising real estate valuers subdivision of the register as
in existence immediately before 12 February 1982 is, subject to
this Act, as amended by the amending Act, taken on and from that
day to be the non-practising real estate valuers division of the
register.
(4) A limitation, in force immediately before 12 February 1982,
imposed by the board under section 15 (2) (c), as so in force, or
varied by the board under section 16A, as so in force, is, subject to
this Act as amended by the amending Act, on and from that day,
taken to be a limitation imposed by the board under section
15 (2) (c), as amended by the amending Act.
(5) This clause is taken to have commenced on 12 February 1982 (the
date of commencement of the amending Act).
(6) Subclauses (1)(4) re-enact (with minor modifications) clauses 35
of Schedule 2 to the amending Act. Subclauses (1)(4) are
transferred provisions to which section 30A of the Interpretation
Act 1987 applies.
(7) In this clause:
amending Act means the Valuers Registration (Amendment)
Act 1981.
Explanatory note
Items [2] and [3] of the proposed amendments insert Schedule 2 (Savings and transitional
provisions) into the Valuers Registration Act 1975. The Schedule includes the substance of
savings and transitional provisions (of possible ongoing effect) contained in the Valuers
Registration (Amendment) Act 1981. The enactment of the amendments enables the repeal,
by Schedule 5 to this Act, of that Act. In accordance with section 30A of the Interpretation
Act 1987, the transfer of the provisions does not affect the operation (if any) or meaning of the
provisions.
Item [1] of the proposed amendments makes a consequential amendment.
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Repeals Schedule 5
Schedule 5 Repeals
(Section 4)
Federal Aid Roads (Further Agreement) Act 1931 No 491
Finances Adjustment (Further Provisions) Act 1932 No 643
Civil Service (Amendment) Act 1957 No 21
Health Commission and Other Acts (Amendment) Act 1975 No 83
Coal Mines Regulation (Postponement of Commencement) Regulation 19841
Heritage (Amendment) Act 1987 No 115
Children (Community Service Orders) Amendment Act 1988 No 93
Drug Misuse and Trafficking (Amendment) Act 1988 No 173
Judicial Officers Legislation (Amendment) Act 1990 No 563
Courts Legislation (Civil Procedure) Amendment Act 1991 No 123
Criminal Procedure (Police Custody of Property) Amendment Act 1991 No 443
Corporations (New South Wales) Amendment Act 1991 No 523
Letona Co-operative (Financial Assistance) Act 1993 No 851
First State Superannuation Transitional Regulation 19941
Exhibited Animals Protection Amendment Act 1996 No 113
Forests and Flora Reserves Revocation Act 1996 No 361
City of Sydney Planning (Repeal) Regulation 19971
Education Reform Amendment Act 1997 No 1273
Environmental Planning and Assessment Amendment Act 1999 No 723
Liquor and Registered Clubs (Olympic and Paralympic Games) Act 1999
No 952
Liquor and Registered Clubs (Olympic and Paralympic Games)
Regulation 20002
Conveyancers Licensing Amendment (Professional Indemnity Insurance)
Act 2000 No 34
Appropriation (Budget Variations) Act 2000 No 101
Liquor (Rugby League Grand Final Special Provisions) Act 2001 No 631
Miscellaneous Acts (Fine Default) Amendment Act 1987 No 2663
National Crime Authority (State Provisions) Amendment Act 1994 No 625
Occupational Health and Safety Amendment (Police Officers) Act 2000 No 114
Olympic Arrangements Act 2000 No 12
Olympic Arrangements (Penalty Notice Offences) Regulation 20002
Olympic Arrangements Regulation 20002
Parliamentary Supply Act 1994 No 521
Police Service Amendment (Complaints and Management Reform) Act 1998
No 1233
Retail Leases (Sydney Airport) Regulation 19992
Roads Amendment (Tolls) Act 1999 No 833
Royal Botanic Gardens and Domain Trust Amendment Act 1997 No 1313
Royal North Shore Hospital of Sydney Act 1910 No 201
Search Warrants (Amendment) Act 1991 No 923
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 5 Repeals
Security Industry (Olympic and Paralympic Games) Act 1999 No 902
Standard Time Amendment Act 1999 No 132
State Revenue Legislation (Amendment) Act 1992 No 483
State Revenue Legislation Amendment Act 1999 No 103
State Revenue Legislation Further Amendment Act 1998 No 813
Timber Industry (Interim Protection) Act 1992 No 12
Transport Employees Retirement Benefits (Amendment) Act 1979 No 355
Valuers Registration (Amendment) Act 1981 No 795
Water Legislation Amendment Act 1997 No 1283
Workers Compensation Legislation (Amendment) Act 1991 No 1003
Zoological Parks Board Amendment Act 2000 No 74
Zoological Parks Board (Conservation and Environmental Objectives)
Amendment Act 1992 No 443
Notes
1
Acts or regulations that are no longer of practical utility.
2
Acts or regulations that have expired.
3
Acts passed in 1999 or earlier that contain only amendments or spent
provisions.
4
Acts passed in 2000 that contain only amendments that have been
incorporated in reprints or spent provisions.
5
Acts that contain only amendments and savings or transitional provisions
that have been transferred to the relevant Principal Act by Schedule 4.
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 or a statutory rule (such
as a regulation) is amended or repealed, no amendment made by the Act or statutory rule is
affected. Section 30 (2) also ensures that the following matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act or statutory rule,
(c) any validation made by the Act or statutory rule,
(d) the operation of any savings or transitional provision contained in the Act or statutory rule.
Page 54
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
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 or 2 to an amending provision
contained in an Act is, if the amending provision has commenced before
the date of assent to this Act, taken to have effect as from the
commencement of the amending provision.
(2) In this clause:
amending provision means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes a direct
amendment to an Act by:
(a) the repeal or omission of matter contained in the amended Act
without the insertion of any matter instead of the repealed or
omitted matter, or
(b) the omission of matter contained in the amended Act and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act of matter, not being matter
inserted instead of matter omitted from the Act,
whether the provision was enacted before or after the commencement of
the Reprints Act 1972.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors
in the 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
commence 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 statutory rule, or
(b) repeals and re-enacts (with or without modification) a provision of
an Act or statutory rule,
Page 55
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Schedule 6 General Savings, transitional and other provisions
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 otherwise provided, vitiate any act done or decision made under the provision
as in force before the amendment or repeal.
3 Effect of amendment on statutory rules
Except where expressly provided to the contrary, any statutory rule made
under an Act amended by this Act, and in force immediately before the
commencement of the amendment, is taken to have been made under the
Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any statutory rule made under an
Act amended by the proposed Act, and in force immediately before the commencement
of the amendment, will be taken to have been made under the amended Act.
4 Revocation of repeal
Hunter Regional Environmental Plan 1989 (Heritage) is taken to have
been, and always to have been, repealed by Gloucester Local
Environmental Plan 2000 only to the extent to which it applied to land in
the Gloucester local government area.
Explanatory note
This clause revokes the repeal of Hunter Regional Environmental Plan 1989 (Heritage)
in so far as that Plan applies to land other than land in the Gloucester local government
area.
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
Page 56
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
General savings, transitional and other provisions Schedule 6
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to be
done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having
a short term effect and relating to incidental matters arising out of the proposed Act with
regard to which no specific, or sufficient, provision has been made in the Act.
Page 57
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Notes
Notes
Index of Acts and regulations amended by Schedules 14
Administrative Decisions Legislation Amendment Act 1997 No 77--Schedule 1
Adoption Act 2000 No 75--Schedule 1
Agricultural Industry Services Act 1998 No 45--Schedule 2
Associations Incorporation Act 1984 No 143--Schedules 2 and 3
Bail Regulation 1999--Schedule 2
Betting Tax Act 2001 No 43--Schedule 2
Building and Construction Industry Long Service Payments Act 1986 No 19--
Schedule 1
Business Names Act 1962 No 11--Schedule 2
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedules 1
and 3
Chiropractors and Osteopaths Act 1991 No 7--Schedule 3
Classification (Publications, Films and Computer Games) Enforcement Act 1995
No 63--Schedule 3
Coal Ownership (Restitution) Act 1990 No 19--Schedule 1
Community Land Management Act 1989 No 202--Schedule 1
Companion Animals Act 1998 No 87--Schedule 1
Confiscation of Proceeds of Crime Act 1989 No 90--Schedule 2
Conveyancing (Sale of Land) Regulation 2000--Schedule 2
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11--Schedule 2
Co-operatives Act 1992 No 18--Schedules 1 and 3
Co-operatives Regulation 1997--Schedule 2
Corporations (Consequential Amendments) Act 2001 No 34--Schedule 2
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 2
Criminal Assets Recovery Act 1990 No 23--Schedule 2
Criminal Records Act 1991 No 8--Schedule 2
Crown Lands (General Reserves) By-law 2001--Schedule 2
Defamation Act 1974 No 18--Schedule 1
Dust Diseases Tribunal Act 1989 No 63--Schedule 2
Employment Agents Act 1996 No 18--Schedule 1
Entertainment Industry Act 1989 No 230--Schedule 2
Environmental Planning and Assessment Regulation 2000--Schedule 2
Exotic Diseases of Animals Act 1991 No 73--Schedule 2
Fines Act 1996 No 99--Schedule 1
Firearms Act 1996 No 46--Schedule 3
Forestry Act 1916 No 55--Schedule 2
Freight Rail Corporation (Sale) Act 2001 No 35--Schedule 2
Funeral Funds Act 1979 No 106--Schedule 2
Geographical Names Act 1966 No 13--Schedule 1
Grain Marketing Act 1991 No 15--Schedule 3
Page 58
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Notes
Guardianship Act 1987 No 257--Schedule 1
Health Administration Act 1982 No 135--Schedule 1
Heritage Act 1977 No 136--Schedule 4
Home Building Act 1989 No 147--Schedule 1
Home Building Legislation Amendment Act 2001 No 51--Schedule 2
Hunters Hill Congregational Church Act 1977 No 30--Schedule 2
Independent Pricing and Regulatory Tribunal Act 1992 No 39--Schedule 1
Innovation Council Act 1996 No 77--Schedule 2
Law and Justice Foundation Act 2000 No 97--Schedule 1
Legal Profession Act 1987 No 109--Schedule 1
Local Government Act 1993 No 30--Schedule 1
Mining Act 1992 No 29--Schedule 1
Motor Accidents Compensation Act 1999 No 41--Schedules 1 and 4
Motor Accidents Compensation Regulation (No 2) 1999--Schedule 2
National Crime Authority (State Provisions) Act 1984 No 157--Schedule 4
Navigation Act 1901 No 60--Schedule 3
Nurses Act 1991 No 9--Schedule 3
Occupational Health and Safety Act 2000 No 40--Schedule 1
Ombudsman Act 1974 No 68--Schedule 2
Passenger Transport (Private Hire Vehicle Services) Regulation 2001--Schedule 2
Petroleum (Onshore) Act 1991 No 84--Schedule 1
Physiotherapists Registration Act 1945 No 9--Schedule 3
Plant Diseases Act 1924 No 38--Schedule 3
Podiatrists Act 1989 No 23--Schedule 3
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 2
Protected Disclosures Act 1994 No 92--Schedule 1
Protection of the Environment Operations Act 1997 No 156--Schedule 2
Psychologists Act 1989 No 51--Schedule 3
Public Authorities (Financial Arrangements) Act 1987 No 33--Schedule 3
Racing Administration Act 1998 No 114--Schedule 2
Retail Leases Act 1994 No 46--Schedule 3
Rural Lands Protection (General) Regulation 2001--Schedule 2
State Owned Corporations Act 1989 No 134--Schedule 2
Statute Law (Miscellaneous Provisions) Act 2001 No 56--Schedule 2
Stock (Chemical Residues) Act 1975 No 26--Schedule 1
Superannuation Administration (Electricity Superannuation Scheme Transitional
Provisions) Regulation 1997--Schedule 2
Superannuation Administration (Local Government Superannuation Scheme
Transitional Provisions) Regulation 1997--Schedule 2
Telecommunications (Interception) (New South Wales) Act 1987 No 290--Schedule 2
Tow Truck Industry Act 1998 No 111--Schedule 1
Trade Measurement Administration Act 1989 No 234--Schedule 2
Transport Employees Retirement Benefits Act 1967 No 96--Schedule 4
Travel Agents Act 1986 No 5--Schedule 1
Page 59
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Notes
Valuers Registration Act 1975 No 92--Schedules 1 and 4
Victims Compensation Rule 1997--Schedule 2
Warnervale Airport (Restrictions) Act 1996 No 57--Schedule 2
Waste Avoidance and Resource Recovery Act 2001 No 58--Schedule 2
Water Management Act 2000 No 92--Schedule 2
Workers Compensation Act 1987 No 70--Schedule 2
Index of Acts and regulations repealed by Schedule 5
Appropriation (Budget Variations) Act 2000 No 10
Children (Community Service Orders) Amendment Act 1988 No 9
City of Sydney Planning (Repeal) Regulation 1997
Civil Service (Amendment) Act 1957 No 2
Coal Mines Regulation (Postponement of Commencement) Regulation 1984
Conveyancers Licensing Amendment (Professional Indemnity Insurance) Act 2000 No 3
Corporations (New South Wales) Amendment Act 1991 No 52
Courts Legislation (Civil Procedure) Amendment Act 1991 No 12
Criminal Procedure (Police Custody of Property) Amendment Act 1991 No 44
Drug Misuse and Trafficking (Amendment) Act 1988 No 17
Education Reform Amendment Act 1997 No 127
Environmental Planning and Assessment Amendment Act 1999 No 72
Exhibited Animals Protection Amendment Act 1996 No 11
Federal Aid Roads (Further Agreement) Act 1931 No 49
Finances Adjustment (Further Provisions) Act 1932 No 64
First State Superannuation Transitional Regulation 1994
Forests and Flora Reserves Revocation Act 1996 No 36
Health Commission and Other Acts (Amendment) Act 1975 No 8
Heritage (Amendment) Act 1987 No 11
Judicial Officers Legislation (Amendment) Act 1990 No 56
Letona Co-operative (Financial Assistance) Act 1993 No 85
Liquor and Registered Clubs (Olympic and Paralympic Games) Act 1999 No 95
Liquor and Registered Clubs (Olympic and Paralympic Games) Regulation 2000
Liquor (Rugby League Grand Final Special Provisions) Act 2001 No 63
Miscellaneous Acts (Fine Default) Amendment Act 1987 No 266
National Crime Authority (State Provisions) Amendment Act 1994 No 62
Occupational Health and Safety Amendment (Police Officers) Act 2000 No 11
Olympic Arrangements Act 2000 No 1
Olympic Arrangements (Penalty Notice Offences) Regulation 2000
Olympic Arrangements Regulation 2000
Parliamentary Supply Act 1994 No 52
Police Service Amendment (Complaints and Management Reform) Act 1998 No 123
Retail Leases (Sydney Airport) Regulation 1999
Roads Amendment (Tolls) Act 1999 No 83
Royal Botanic Gardens and Domain Trust Amendment Act 1997 No 131
Royal North Shore Hospital of Sydney Act 1910 No 20
Page 60
Statute Law (Miscellaneous Provisions) Bill (No 2) 2001
Notes
Search Warrants (Amendment) Act 1991 No 92
Security Industry (Olympic and Paralympic Games) Act 1999 No 90
Standard Time Amendment Act 1999 No 13
State Revenue Legislation (Amendment) Act 1992 No 48
State Revenue Legislation Amendment Act 1999 No 10
State Revenue Legislation Further Amendment Act 1998 No 81
Timber Industry (Interim Protection) Act 1992 No 1
Transport Employees Retirement Benefits (Amendment) Act 1979 No 35
Valuers Registration (Amendment) Act 1981 No 79
Water Legislation Amendment Act 1997 No 128
Workers Compensation Legislation (Amendment) Act 1991 No 100
Zoological Parks Board Amendment Act 2000 No 7
Zoological Parks Board (Conservation and Environmental Objectives) Amendment
Act 1992 No 44
Page 61
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