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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) 2002
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
2 Amendments by way of statute law revision 45
3 Repeals 52
4 General savings, transitional and other provisions 58
Notes 61
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, , 2002
New South Wales
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2002
Act No , 2002
An Act to repeal certain Acts and provisions of Acts and certain statutory rules
and to amend certain other Acts and instruments in various respects and for the
purpose of effecting statute law revision; and to make certain savings.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2)
2002.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsections (2) and (3).
(2) Section 4 (2) commences on a day to be appointed by proclamation.
(3) 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 instrument specified in Schedules 1 and 2 is amended
as set out in those Schedules.
4 Repeals
(1) Each Act and statutory rule specified in Schedule 3 is, to the extent
indicated in that Schedule, repealed.
(2) The Unhealthy Building Land Act 1990 and the Unhealthy Building
Land Regulation 2001 are repealed.
5 General savings, transitional and other provisions
Schedule 4 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) 2002
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Adoption Act 2000 No 75
[1] The whole Act (other than clause 3 (3) of Schedule 3)
Omit "adoption agency" wherever occurring.
Insert instead "adoption service provider".
[2] The whole Act and notes to the Act (other than the heading to
clause 3 of Schedule 3)
Omit "adoption agencies" wherever occurring.
Insert instead "adoption service providers".
[3] Sections 15 (2) (a) and (b) and (4), 16, 17 (1) (d), 20 (1) and (2),
21 (2), (3) and (4), 43 and 193 (1) (d)
Omit "the agency" wherever occurring.
Insert instead "the adoption service provider".
[4] Sections 15 (4) and 20 (2)
Omit "an agency" wherever occurring.
Insert instead "an adoption service provider".
[5] Section 17 (3)
Omit "such agencies". Insert instead "such adoption service providers".
[6] Section 33 Aboriginal participation in decision making
Omit section 33 (a). Insert instead:
(a) a person approved in accordance with section 195, or
[7] Section 37 Torres Strait Islander participation in decision making
Omit section 37 (a). Insert instead:
(a) a person approved in accordance with section 196, or
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[8] Section 64 Consent to adoption of Aboriginal child
Omit "an Aboriginal adoption consultative organisation" from section
64 (1) (a).
Insert instead "a person approved in accordance with section 195".
[9] Section 64 (1) (b)
Omit "such an organisation". Insert instead "such a person".
[10] Section 64 (1) (b) (i)
Omit "the organisation". Insert instead "the person".
[11] Section 65 Consent to adoption of Torres Strait Islander child
Omit "a Torres Strait Islander adoption consultative organisation" from
section 65 (1) (a).
Insert instead "a person approved in accordance with section 196".
[12] Section 65 (1) (b)
Omit "such an organisation". Insert instead "such a person".
[13] Section 65 (1) (b) (i)
Omit "the organisation". Insert instead "the person".
[14] Sections 195 and 196
Omit the sections. Insert instead:
195 Consultation with Aboriginal persons
(1) The Director-General may approve an Aboriginal person as a
person who may provide advice and assistance to Aboriginal
families or kinship groups in relation to care options for
Aboriginal children for the purposes of this Act.
(2) The Director-General must not approve a person under this
section unless the Director-General is satisfied that the person
has relevant experience in working with Aboriginal children,
whether or not in connection with their families or kinship
groups.
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
196 Consultation with Torres Strait Islanders
(1) The Director-General may approve a Torres Strait Islander as
a person who may provide advice and assistance to Torres
Strait Islander families or kinship groups in relation to care
options for Torres Strait Islander children for the purposes of
this Act.
(2) The Director-General must not approve a person under this
section unless the Director-General is satisfied that the person
has relevant experience in working with Torres Strait Islander
children, whether or not in connection with their families or
kinship groups.
[15] Dictionary
Omit the definitions of Aboriginal adoption consultative organisation
and Torres Strait Islander adoption consultative organisation.
Explanatory note
Items [1][5] of the proposed amendments replace the term "adoption agency" with the
term "adoption service provider" throughout the Adoption Act 2000 (the Act). The term
"adoption agency" has traditionally been applied only to organisations that arrange
placements for children to be adopted. The new term makes it clear that the Act will
apply also to organisations that provide post-adoption services such as post-adoption
order information, support services and reunion services.
Items [6][15] of the proposed amendments remove references to approved
"Aboriginal adoption consultative organisations" and "Torres Strait Islander adoption
consultative organisations" throughout the Act (and make consequential
amendments). These references are replaced with references to persons approved by
the Director-General of the Department of Community Services under sections 195 and
196 of that Act to provide advice and assistance to Aboriginal and Torres Strait Islander
families or kinship groups in relation to care options for Aboriginal and Torres Strait
Islander children for the purposes of the Act.
1.2 Casino Control Act 1992 No 15
[1] Section 72A Provision of problem counselling services
Omit "classes of persons" from section 72A (2) (a).
Insert instead "persons or bodies".
[2] Section 72A (2) (b)
Insert "or bodies" after "persons".
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[3] Section 72A (2) (d)
Omit "is". Insert instead "in".
Explanatory note
Section 72A of the Casino Control Act 1992, which was inserted by the Gaming
Machines Act 2001, provides that it is a condition of a casino licence that the casino
operator is to enter into arrangements for problem gambling counselling services to be
made available to patrons of the casino. Section 46 of the Gaming Machines Act 2001
requires hoteliers and registered clubs to enter into arrangements for such services to
be made available to patrons of hotels and registered clubs.
Section 72A (2) provides that the regulations may make provision for or with respect to
(among other things) the "classes of persons" who are to provide the counselling
services. Section 46 of the Gaming Machines Act 2001 was originally in the same
terms, but an amendment made by the Gaming Machines Amendment Act 2002
altered that section so as to allow the regulations to make provision for or with respect
to (among other things) the "persons or bodies" who are to provide the counselling
services. Item [1] of the proposed amendments makes the same amendment to
section 72A of the Casino Control Act 1992.
Item [2] makes a consequential amendment.
Item [3] corrects a typographical error.
1.3 Children and Young Persons (Care and Protection) Act 1998
No 157
[1] Section 14 Records relating to Aboriginals and Torres Strait
Islanders
Omit "report" from section 14 (3). Insert instead "record".
[2] Section 29 Protection of persons who make reports
Insert "or a class of children or young persons" after "a child or young
person" wherever occurring in section 29 (1) and (1A).
[3] Section 29 (1)
Insert "or the class of children or young persons" after "the child or young
person".
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[4] Section 29 (6)
Omit the subsection. Insert instead:
(6) In this section:
court includes a court exercising federal jurisdiction.
report includes a report under sections 24, 25, 27 and 122.
Explanatory note
Items [2] and [3] of the proposed amendments amend section 29 (1) and (1A) of the
Children and Young Persons (Care and Protection) Act 1998 (the Act) to clarify that
the protections set out in that section granted to persons making reports under that Act
apply to reports relating to classes of children or young persons and not solely to
reports relating to an individual child or young person.
Item [4] of the proposed amendments amends section 29 (6) of the Act to make it clear
that section 29 applies to reports relating to homeless children under section 122 of that
Act in addition to reports relating to children at risk of harm under Part 2 of Chapter 3
of that Act.
Item [1] of the proposed amendments corrects an incorrect reference.
1.4 Community Services (Complaints, Reviews and Monitoring)
Act 1993 No 2
[1] Long title and sections 7 (4), 9 and 10 (1)
Omit "Community Visitors" wherever occurring.
Insert instead "Official Community Visitors".
[2] Part 2, heading
Omit the heading. Insert instead:
Part 2 Official Community Visitors
[3] Section 7 and sections 47 (1) (c) and 48 (a) (as renumbered by the
Community Services Legislation Amendment Act 2002)
Omit "a Community Visitor" wherever occurring.
Insert instead "an Official Community Visitor".
[4] Sections 7 (3) and 8
Omit "A Community Visitor" wherever occurring.
Insert instead "An Official Community Visitor".
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[5] Section 7 (6) (as inserted by the Community Services Legislation
Amendment Act 2002), 8 (2) and 48 (as renumbered by the
Community Services Legislation Amendment Act 2002)
Omit "the Community Visitor" wherever occurring.
Insert instead "the Official Community Visitor".
[6] Section 43A
Insert after section 43:
43A Exemption from Freedom of Information Act 1989
The Ombudsman is, in the exercise of functions under this
Part, exempt from the operation of the Freedom of
Information Act 1989.
[7] Section 47 (1) (as renumbered by the Community Services
Legislation Amendment Act 2002)
Omit "Community Visitor" from section 47 (a).
Insert instead "an Official Community Visitor".
[8] Schedule 1 Savings and transitional provisions (as amended by
the Community Services Legislation Amendment Act 2002)
Omit "a Community Visitor" where firstly occurring from clause 3 (1).
Insert instead "an Official Community Visitor".
[9] Schedule 1, clause 3 (3)
Insert after clause 3 (2):
(3) A reference in another Act or in an instrument made under an
Act or in any document to a Community Visitor appointed
under this Act is to be read as a reference to an Official
Community Visitor appointed under this Act.
Commencement
The amendments to the Community Services (Complaints, Reviews and Monitoring)
Act 1993 commence, or are taken to have commenced, on the commencement of the
Community Services Legislation Amendment Act 2002.
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
Explanatory note
Official Community Visitors
The proposed amendments change the title of Community Visitors appointed under the
Community Services (Complaints, Reviews and Monitoring) Act 1993 to Official
Community Visitors, to avoid confusion with community visitors appointed under
unofficial programs, and make consequential amendments.
Item [9] is a transitional provision that converts references to Community Visitors in
other Acts, instruments and other documents.
Exemption from Freedom of Information Act 1989
The Community Services Legislation Amendment Act 2002 amends various Acts to
confer powers on the Ombudsman relating to certain deaths of children and other
persons in care. Among other things, it removes from the Child Death Review Team
and confers on the Ombudsman the power to review and report on the deaths of
children arising from abuse or neglect or that occur in suspicious circumstances while
leaving power to review other child deaths.
Currently, under the Freedom of Information Act 1989, all functions of the Child Death
Review Team are exempt from the operation of that Act. The proposed section 43A,
inserted on the request of the Ombudsman, is a consequential amendment extending
the previous exemption to the Ombudsman so as to reflect the changes to the
Ombudsman's functions and the current exemption relating to reviews of child deaths.
1.5 Crown Lands Act 1989 No 6
[1] Section 3 Definitions
Omit the definition of Department from section 3 (1). Insert instead:
Department means the Department of Land and Water
Conservation.
[2] Section 3 (1)
Insert in alphabetical order:
Director-General means the Director-General of the
Department.
[3] Section 3 (1), definition of "Secretary"
Omit the definition.
[4] Section 34 Powers of Minister
Omit section 34 (2).
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[5] Section 78 Definitions
Omit "Commons Regulation Act 1898" from paragraph (a) of the
definition of reserve.
Insert instead "Commons Management Act 1989".
[6] Section 92 Reserve trusts
Omit section 92 (3). Insert instead:
(3) The Minister may, by notification in the Gazette:
(a) dissolve a reserve trust, or
(b) alter the corporate name of a reserve trust, or
(c) revoke the appointment of the reserve trust as trustee of
any one or more specified reserves or any one or more
parts of a reserve.
[7] Section 157 Compensation
Omit "Secretary" from section 157 (2).
Insert instead "Director-General".
[8] Section 180 Delegation
Omit "Secretary" wherever occurring from section 180 (3).
Insert instead "Director-General".
[9] Section 180 (3)
Omit "Secretary's". Insert instead "Director-General's".
Explanatory note
Item [1] of the proposed amendments updates a reference to a Department.
The Department concerned does not have a Secretary. Instead, it has a Director-
General. Accordingly, item [2] of the proposed amendments inserts a definition of
Director-General, item [3] omits the definition of Secretary and items [7][9] make
consequential amendments.
Item [4] of the proposed amendments omits a requirement that the Minister, when
exercising certain functions in relation to land in an irrigation area, have regard to the
views of the Water Administration Ministerial Corporation (a statutory body
representing the Crown). That body has been replaced, in relation to irrigation
scheme areas (within the meaning of the repealed Irrigation Corporations Act 1994),
by various now-privatised irrigation corporations.
Item [5] of the proposed amendments updates a reference to an Act.
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
Item [6] of the proposed amendments enables the Minister to revoke the appointment
of a reserve trust as trustee of any one or more specified reserves or any one or more
parts of a reserve. At present, this can only be done by the cumbersome method of
dissolving the reserve trust and re-establishing it in respect only of those reserves (or
parts of reserves) in relation to which it is desired that the reserve trust be a trustee.
1.6 Crown Lands (Continued Tenures) Act 1989 No 7
[1] Section 3 Definitions
Omit the definition of Department from section 3 (1). Insert instead:
Department means the Department of Land and Water
Conservation.
[2] Schedule 4 Subdivision of holdings
Omit "(including the condition imposed by subclause (8))" from
clause 2 (5).
Explanatory note
Item [1] of the proposed amendments updates a reference to a Department.
Item [2] of the proposed amendments omits a reference to a repealed subclause.
1.7 Education (Ancillary Staff) Act 1987 No 240
[1] The whole Act (except the matter dealt with in items [2][4] below)
Omit "ancillary staff" wherever occurring.
Insert instead "school administrative and support staff".
[2] Long title
Omit "ancillary staff in the Department of Education".
Insert instead "school administrative and support staff in the Department
of Education and Training".
[3] Section 1 Name of Act
Omit "Education (Ancillary Staff) Act 1987".
Insert instead "Education (School Administrative and Support Staff)
Act 1987".
[4] Section 3 Definitions
Omit the definition of ancillary staff from section 3 (1).
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[5] Section 3 (1)
Insert in alphabetical order:
Department means the Department of Education and
Training.
school administrative and support staff means school
administrative and support staff of the Department.
[6] Section 3 (1), definition of "Director-General"
Omit "Education". Insert instead "the Department".
[7] Sections 4 (1), 5 (1), 8, 17 (1), 18 (1) and 21 (1)
Omit "of Education" wherever occurring.
Explanatory note
The proposed amendments change the name of the Education (Ancillary Staff)
Act 1987 to the Education (School Administrative and Support Staff) Act 1987 and
update references in that Act to the Department of Education (now the Department of
Education and Training). They also make the necessary consequential amendments.
1.8 Education (Ancillary Staff) Regulation 1998
[1] Clause 1 Name of Regulation
Omit "Education (Ancillary Staff) Regulation 1998".
Insert instead "Education (School Administrative and Support Staff)
Regulation 1998".
[2] Clause 3 Definitions
Omit "Education (Ancillary Staff) Act 1987" from the definition of
the Act.
Insert instead "Education (School Administrative and Support Staff)
Act 1987".
Explanatory note
The proposed amendments are consequential on the change of name of the Education
(Ancillary Staff) Act 1987 proposed to be made elsewhere in this Schedule.
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
1.9 Fisheries Management Act 1994 No 38
[1] Section 7C Fishery management strategy for designated activities
Insert after section 7C (3):
(4) A draft fishery management strategy becomes the existing
fishery management strategy when it is approved by the
Minister. However, the first fishery management strategy to
be approved in respect of a designated fishing activity must be
approved in accordance with section 7F.
[2] Section 7F Revision of draft strategy and publication of approved
strategy following environmental assessment
Omit section 7F (1). Insert instead:
(1) Following a determination under Division 5 of Part 5 of the
EPA Act, the Minister is to revise the draft fishery
management strategy for the designated fishing activity
concerned and make any amendment that is necessary to
reflect the result of the determination.
[3] Section 7F (2)
Omit "resource". Insert instead "Resource".
[4] Section 50 Method of determining eligibility and entitlement to
shares
Omit "became a share management fishery" from section 50 (4).
Insert instead "ceased to be a restricted fishery".
[5] Section 50 (4)
Insert "or, if a person is entitled to take fish for sale in the restricted fishery
as the employee or nominee of some other person, that other person" after
"entitled to take fish for sale in the restricted fishery".
[6] Section 77A Rental charge for access to category 2 share
management fishery
Insert "or, if a person is authorised to take fish in the fishery as the
employee or nominee of some other person, that other person" after "a
person authorised to take fish in the fishery" in section 77A (8) (b).
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
Explanatory note
Fishery management strategies
Item [1] of the proposed amendments makes it clear that a draft fishery management
strategy under Part 1A of the Fisheries Management Act 1994 (the Act) becomes the
actual fishery management strategy when it is approved by the Minister.
Item [2] of the proposed amendments makes it clear that the revision of a draft fishery
management strategy that is required after a determination is made under Division 5 of
Part 5 of the Environmental Planning and Assessment Act 1979 in respect of the
designated fishing activity to which the draft strategy relates will not necessarily give
rise to any amendments to the draft strategy. The proposed amendment also allows
other amendments to be made to the draft strategy before it is approved (even if those
amendments do not arise out of the determination) provided that the Minister has
consulted the Fisheries Resource Conservation and Assessment Council in relation to
them.
Allocation of shares in share management fishery
Section 50 (4) of the Act provides for the allocation of shares in a share management
fishery that is also a restricted fishery. It provides that if a restricted fishery becomes a
share management fishery, the persons entitled to shares in the fishery are the persons
who, immediately before the restricted fishery became a share management fishery,
were entitled to take fish for sale in the restricted fishery. The provision aims to
preserve the entitlements of fishers in the restricted fishery. Under section 55 of the Act,
a share management fishery that is a restricted fishery ceases to be a restricted fishery
when the limited access stage of the share management fishery commences.
Item [4] of the proposed amendments makes it clear that a restricted fishery "becomes"
a share management fishery when it ceases to be a restricted fishery, so as to ensure
that shares are allocated on the basis of the fishing entitlements held by fishers in the
restricted fishery immediately before the fishery ceases to be a restricted fishery (and
to recognise any transfers of restricted fishery entitlements that take place before the
start of the limited access stage of the share management fishery).
Under the current regulations relating to restricted fisheries, persons who are entitled
to take fish for sale in a restricted fishery may in some circumstances nominate other
persons to take fish in the fishery on their behalf. Item [5] of the proposed amendments
makes it clear that, in such circumstances, it is the person who is entitled to nominate
the fisher, and not a nominee or employee of the person so entitled, who is to be
allocated shares in the share management fishery. Similarly, item [6] makes it clear
that, if a person is entitled to nominate a fisher to take fish in a category 2 share
management fishery, it is the person who is entitled to nominate that other person, and
not the nominee or an employee of the person, who is liable to pay a rental charge
under that provision.
Statute law revision
Item [3] of the proposed amendments corrects a typographical error.
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
1.10 Gas Supply Act 1996 No 38
[1] Sections 27 (1) (e), 33C (1) (b) and 4 (b) and 33J (paragraphs (a)
and (d) of the definition of "retail market business system") and
clause 19 (1) (e) of Schedule 2
Omit "distribution system" wherever occurring.
Insert instead "distribution pipeline".
[2] Section 33C (4) (b)
Omit "the system". Insert instead "the pipeline".
[3] Section 33K Market operations rules
Omit "distribution systems" wherever occurring from section 33K (1) (a)
and (c).
Insert instead "distribution pipelines".
[4] Dictionary
Omit "distribution system" from paragraph (a) of the definition of
ancillary market participant.
Insert instead "distribution pipeline".
[5] Dictionary, definition of "distribution pipeline"
Omit the definition. Insert instead:
distribution pipeline means the gas pipes and associated
equipment that are used to convey and control the conveyance
of natural gas to the premises of customers, but does not
include:
(a) any pipeline in respect of which a licence is in force
under the Pipelines Act 1967 (other than a pipeline that
the regulations declare to be, or to form part of, a
distribution pipeline), or
(b) any gas installation, or
(c) any gas pipe or associated equipment that is wholly
situated on land owned by the person who owns or
controls the gas pipe or equipment, or
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
(d) any gas pipe or associated equipment that the
regulations declare not to be, or not to form part of, a
distribution pipeline.
Explanatory note
Section 5 of the Gas Supply Act 1996 (the Act) prohibits a person from operating a
distribution pipeline for the purpose of conveying natural gas to any other person,
and from supplying natural gas to any other person by means of such a pipeline,
otherwise than under the authority of an authorisation (within the meaning of the Act).
Section 34 of the Act imposes a similar prohibition in respect of the conveyance of
certain other gases by way of a distribution system otherwise than under the authority
of a distributor's licence (within the meaning of the Act).
At present, the Dictionary to the Act provides that the term distribution pipeline has
the same meaning as it has in the Gas Pipelines Access (New South Wales) Law.
However, certain small distribution networks do not fall within the ambit of that
definition. To ensure that those distribution networks are subject to the authorisation
requirement (and the other relevant provisions of the Act), item [5] of the proposed
amendments repeals and re-enacts the definition of distribution pipeline in terms that
parallel the definition of distribution system.
As the scheme of the Act is to use the term distribution pipeline in relation to the
conveyance and supply of natural gas, and the term distribution system in relation to
the conveyance of gases other than natural gas, the remaining proposed amendments
correct the incorrect use of the term distribution system in provisions relating to
natural gas (items [1][4]).
1.11 Gas Supply (Natural Gas Retail Competition)
Regulation 2001
Clause 7 Small retail customers who are entitled to apply to be
supplied under the standard form customer supply contract
Omit "distribution system" wherever occurring.
Insert instead "distribution pipeline".
Explanatory note
The proposed amendment is consequential on the amendment proposed to be made
to section 33C of the Gas Supply Act 1996 elsewhere in this Schedule.
1.12 Hay Irrigation Act 1902 No 57
Section 5 Definitions
Omit the definitions of Domestic use, Irrigated lot, Justice and Stock.
Explanatory note
The proposed amendment omits definitions of terms that are no longer used in the Hay
Irrigation Act 1902.
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
1.13 Licensing and Registration (Uniform Procedures) Act 2002
No 28
[1] Section 25 Periodic administration fees for continuing licences
Insert at the end of the section:
(2) If payment is made by means of electronic communication,
the licence administration fee otherwise payable:
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the
nearest whole dollar,
whichever results in the greater reduction.
[2] Section 54 Periodic administration fees for continuing
registration
Insert at the end of the section:
(2) If payment is made by means of electronic communication,
the registration administration fee otherwise payable:
(a) is to be reduced by $5, or
(b) is to be reduced by 10 per cent, and rounded to the
nearest whole dollar,
whichever results in the greater reduction.
[3] Schedule 4 Amendment of other Acts and statutory rules
Omit item [2] of Schedule 4.11 (Pawnbrokers and Second-hand Dealers
Act 1996).
Insert instead:
[2] Sections 10 and 10A
Omit the sections. Insert instead:
10 Duration of licence
A licence remains in force for a period of 12 months
from the date of its grant.
Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[4] Schedule 4.30 Motor Dealers Act 1974 No 52
Insert at the end of Schedule 4.30:
[2] Section 20 Annual fee and annual statement
Omit section 20 (10) and (11).
[5] Schedule 4.32 Travel Agents Act 1986 No 5
Insert at the end of Schedule 4.32:
[2] Section 17 Annual fee and annual statement
Omit section 17 (12) and (13).
Explanatory note
Sections 13 and 42 of the Licensing and Registration (Uniform Procedures) Act 2002
(the Act) currently provide for a reduction in processing fees for applications for
licences and registration that are made by means of electronic communication. Items
[1] and [2] of the proposed amendments amend sections 25 and 54 of that Act so as to
provide similar reductions for periodic administration fees that are paid by electronic
communication.
Schedule 4.11 [2] to the Act omits sections 10 and 10A of the Pawnbrokers and
Second-hand Dealers Act 1996. Item [3] of the proposed amendments amends
Schedule 4.11 [2] so as to replace the repealed sections with a new section that retains
a provision that specifies the period for which a licence under the 1996 Act has effect.
Schedule 4.30 and 4.32 of the Act amend the Motor Dealers Act 1974 and the Travel
Agents Act 1986. Items [4] and [5] of the proposed amendments make further
amendments to those Acts so as to omit provisions that create offences of giving false
information.The giving of false information is to be dealt with under the Crimes Act 1900
as a consequence of the amendments to that Act that are made by Schedule 4.27 to
the Licensing and Registration (Uniform Procedures) Act 2002.
1.14 Local Government Act 1993 No 30
[1] Section 22 Other functions
Omit "those periods" from the matter relating to the Rural Fires Act 1997
in the Note to the section.
Insert instead "bush fire danger periods".
[2] Section 22, Note
Omit the matter relating to the Unhealthy Building Land Act 1990.
Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[3] Section 413 Preparation of financial reports
Omit section 413 (3) (a). Insert instead:
(a) the publications issued by the Australian Accounting
Standards Board, as in force for the time being, subject
to the regulations, and
[4] Schedule 8 Savings, transitional and other provisions consequent
on the enactment of other Acts
Insert at the end of the Schedule, with appropriate numbering:
Provision consequent on enactment of
Statute Law (Miscellaneous Provisions)
Act (No 2) 2002
Preparation of general purpose financial report
Until such time as a publication issued by the Australian
Accounting Standards Board supersedes a particular
publication that was issued by the Australian Accounting
Research Foundation (on behalf of the Australian Society of
Certified Practising Accountants and the Institute of
Chartered Accountants in Australia) under the title Australian
Accounting Standards, section 413 (3) (a) is to be construed
as if it referred to the latter publication rather than to the
publication issued by the Australian Accounting Standards
Board.
Explanatory note
Financial reports
Item [3] of the proposed amendments amends section 413 (Preparation of financial
reports) of the Act to reflect the fact that the Australian Accounting Standards Board,
which was formerly part of the Australian Accounting Research Foundation (the
Foundation), is now a separate body. That body is in the process of issuing accounting
standards to replace those issued by the Foundation. Accordingly, the proposed
amendment requires the general purpose financial report to be prepared in accordance
with (among other things) the new standards. Item [4] inserts a transitional provision.
Statute law revision
Item [1] of the proposed amendments clarifies wording.
Item [2] of the proposed amendments repeals matter dealing with an Act that is to be
repealed by section 4 (2).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
1.15 Marine Safety Act 1998 No 121
[1] Section 71 Definitions
Insert "(and, if those services are provided by way of a subsidiary,
includes the subsidiary)" after "the Port Corporation" in paragraph (a) of
the definition of pilotage service provider in section 71 (1).
[2] Section 71 (1)
Insert in alphabetical order:
subsidiary, in relation to a Port Corporation, means a body
corporate that would be a subsidiary (as determined by the
Corporations Act 2001 of the Commonwealth) of the Port
Corporation if the Port Corporation were a company.
[3] Schedule 3 Amendment of other Acts
Omit Schedule 3.7 [4] and [12].
[4] Schedule 3.7 [7]
Omit "under Division 3 of Part 2 of the Ports Corporatisation and
Waterways Management Act 1995" from proposed section 26A (2).
Insert instead "(whether directly or by way of a subsidiary)".
Explanatory note
Amendments to the Ports Corporatisation and Waterways Management Act 1995 (the
1995 Act) proposed to be made elsewhere in this Schedule include certain
amendments to and in relation to Part 6 (Pilotage) of that Act. Part 6 is to be repealed
and replaced by Part 6 of the Marine Safety Act 1998 (the 1998 Act). Items [1], [2] and
[4] of the proposed amendments to the 1998 Act ensure that the effect of the
amendments relating to pilotage made to the 1995 Act are preserved. Item [4] also
omits an unnecessary reference.
Item [3] of the proposed amendments repeals two uncommenced amendments. The
amendment proposed to be made by Schedule 3.7 [4] is not necessary, and the
amendment proposed to be made by Schedule 3.7 [12] has been superseded by item
[5] of the amendments proposed to be made to the 1995 Act elsewhere in this
Schedule.
1.16 National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Renumber paragraph (d) of the definition of Crown lands in section 5 (1)
as paragraph (a).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[2] Section 5 (1), definition of "Jenolan Caves Reserve Trust lands"
Omit "dedicated" wherever occurring. Insert instead "reserved".
[3] Section 9 Audit and compliance
Omit section 9 (4) (b).
[4] Section 9 (5)
Omit "subsection (2)". Insert instead "subsection (4)".
[5] Section 47M Review of classification as state conservation area
Omit "natural reserve" from section 47M (2).
Insert instead "nature reserve".
[6] Section 49 Reservation of nature reserves
Omit "subsection (1) or (2)" from section 49 (6).
Insert instead "Division 1".
[7] Section 71BC Addition of lands not already reserved under Act
Insert "of" after "Part 2" in section 71BC (5) (b).
[8] Section 72 Plans of management
Omit "state recreation areas" from section 72 (2A).
Insert instead "state conservation areas".
[9] Section 164 Powers of entry and seizure
Omit "relic" from section 164 (5) (b). Insert instead "Aboriginal object".
[10] Schedule 9A, Transfer of assets, rights and liabilities
Omit "state recreation area" wherever occurring in the heading to clause 2
and in clause 3 (1).
Insert instead "state conservation area".
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[11] Schedule 9A, clause 2 (1) and (2)
Omit "section 47B or 47O" wherever occurring.
Insert instead "section 30A in relation to a state conservation area or a
regional park".
[12] Schedule 9A, clause 2 (2) and 3 (1)
Omit "an SRA trust" wherever occurring.
Insert instead "a state conservation area trust".
[13] Schedule 9A, clause 2 (2) (a) and (b) and heading to clause 3
Omit "SRA trust" wherever occurring.
Insert instead "state conservation area trust".
Explanatory note
Membership of Audit and Compliance Committee
Item [3] of the proposed amendments omits a provision requiring the Audit and
Compliance Committee established under section 9 of the National Parks and Wildlife
Act 1974 (the Act) to include an officer of the New South Wales Audit Office. The
provision was inserted by a non-Government amendment at the committee stage of the
Bill for the National Parks and Wildlife Amendment Act 2001 (which inserted the new
section 9 in the Act). However, after representations from the Auditor-General, both the
mover of the amendment and the Minister administering the Act now agree that the
provision is inappropriate.
Statute law revision
Item [1] of the proposed amendments corrects the numbering of a paragraph.
Items [2], [8][10], [12] and [13] of the proposed amendments update terminology used
in the Act.
Item [7] of the proposed amendments inserts a missing word.
Item [5] of the proposed amendments corrects a typographical error.
Items [4], [6] and [11] of the proposed amendments correct incorrect cross-references.
1.17 Occupational Health and Safety Act 2000 No 40
Section 108 Penalty notices for certain offences
Insert after section 108 (6) (c):
, and
(d) prescribe different amounts of penalties for the same
penalty notice offence.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
Explanatory note
The proposed amendment enables regulations under the Occupational Health and
Safety Act 2000 to prescribe different amounts of penalties for the same penalty notice
offence under that Act (for example, according to whether the offender is a corporation
or a natural person, or according to the circumstances in which the offence is
committed).
1.18 Ombudsman Act 1974 No 68
[1] Part 6
Insert after Part 5:
Part 6 Complaint handling by relevant agencies
41 Definitions
(1) In this Part:
complaint means a complaint (however described) that is
made to a relevant agency.
consent includes consent that is given orally.
relevant agency means an agency specified in Schedule 1A.
relevant complaints legislation, in relation to a complaint,
means the Act or statutory rule that governs the making of
such a complaint.
sensitive personal information, in relation to a complainant,
means information relating to the complainant's ethnic or
racial origin, political opinions, religious or philosophical
beliefs, trade union membership, health or sexual activities.
(2) For the purposes of this Part:
(a) a reference to a complaint having been made to a
relevant agency includes a reference to a complaint
having been referred to the agency under section 42,
and
(b) a reference to a complaint being within a relevant
agency's jurisdiction is a reference to a complaint that
a person is authorised by law to make to the agency or
that the agency is authorised by law to deal with.
(3) Schedule 1A may be amended or replaced by proclamation.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
42 Referral of complaints between relevant agencies
(1) Two or more relevant agencies may enter into an arrangement
for the referral of complaints between them (a complaint
referral arrangement).
(2) Under a complaint referral arrangement:
(a) any agency that is party to the arrangement may be
authorised to refer to any other such agency any
complaint received by it that appears to be within, or
partly within, the other agency's jurisdiction, and
(b) a complaint that is within, or partly within, more than
one agency's jurisdiction may be referred to one of
them, some of them or all of them.
(3) A complaint may be referred under a complaint referral
arrangement regardless of any action that has been taken in
relation to the complaint by the agency that received it.
(4) Despite subsection (2), a complaint may not be referred from
one agency to another except with the express consent of the
complainant.
(5) Subject to the terms of the complaint referral arrangement, the
referral of a complaint discharges the agency that received the
complaint from any further obligations with respect to the
complaint to the extent to which the complaint is not within
its jurisdiction, but does not prevent that agency from
continuing to deal with the complaint to the extent to which
the complaint is within its jurisdiction.
(6) A complaint that is referred to an agency under this section is
taken to have been duly made to that agency under the
relevant complaints legislation.
(7) An agency has the same immunities with respect to a
complaint that it refers to another agency under this section as
it has with respect to any complaint that it deals with under the
relevant complaints legislation.
(8) Any report in relation to complaints dealt with by a relevant
agency that is prepared by the agency for the purposes of:
(a) the relevant complaints legislation, or
(b) the Annual Reports (Departments) Act 1985, or
(c) the Annual Reports (Statutory Bodies) Act 1984,
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
must distinguish between those complaints that are made
directly to the agency and those that are referred to the
agency, whether under this Part or otherwise.
(9) This section does not limit the operation of any other Act
under which an agency is authorised or required to refer
complaints to another agency.
43 Sharing of information by relevant agencies
(1) Two or more relevant agencies may enter into an arrangement
for the sharing of information held by them (an information
sharing arrangement).
(2) Under an information sharing arrangement, any agency that is
party to the arrangement may be authorised to do either or
both of the following (but only to the extent that the activity
concerned is reasonably necessary to assist the agency to
carry out its functions):
(a) to receive information obtained by any other such
agency with respect to a complaint dealt with by that
other agency,
(b) to be present during any investigation or hearing
conducted by any other such agency with respect to a
complaint.
(3) An agency that, under an information sharing arrangement, is
authorised to receive information obtained by some other
agency may do so, and the agency by which the information
was obtained may provide the information to the agency so
authorised, despite any other Act or law.
(4) An agency that, under an information sharing arrangement, is
authorised to be present during an investigation or hearing
conducted by some other agency may do so, despite any other
Act or law.
(5) For the purpose of enabling an agency so authorised to be
present during such an investigation, the agency may exercise
any power of entry exercisable by the other agency, and has
all the immunities of the other agency with respect to the
exercise of any such power, despite any other Act or law.
(6) Despite any other provision of this section, an agency must
not, except with the complainant's express consent:
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
(a) disclose to any other agency any information obtained
by it with respect to a complaint, or
(b) permit any other agency to be present during any
investigation or hearing conducted by it with respect to
a complaint,
if the agency has (or should have) reason to suspect that the
information is or includes sensitive personal information
about the complainant.
(7) This section does not limit the operation of any other Act
under which an agency is authorised or required to disclose
information to another agency.
44 Delegation
Despite any other Act or law, a relevant agency may delegate
any of its functions under this Part to an officer of the agency.
45 Inter-agency agreements to be publicly available
A relevant agency that enters into a complaint referral
arrangement under section 42 or an information sharing
arrangement under section 43 must ensure that copies of the
arrangement are made available for public inspection at each
of its offices.
[2] Schedule 1A
Insert after Schedule 1:
Schedule 1A Agencies
(Section 41)
Community Services Commission
Health Care Complaints Commission
Legal Services Commissioner
Ombudsman
President of the Anti-Discrimination Board
Privacy Commissioner
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
Explanatory note
The proposed amendments permit the Community Services Commission, the Health
Care Complaints Commission, the Legal Services Commissioner, the Ombudsman,
the President of the Anti-Discrimination Board and the Privacy Commissioner (each of
which is a relevant agency) to enter into arrangements:
(a) for the referral of complaints among themselves, and
(b) for the sharing of information held by them.
1.19 Passenger Transport Act 1990 No 39
Section 59 Penalty notices for certain offences
Insert after section 59 (3):
(3A) The regulations may:
(a) prescribe different amounts of penalties for different
offences or classes of offences, and
(b) prescribe different amounts of penalties for the same
penalty notice offence.
Explanatory note
The proposed amendment enables regulations under the Passenger Transport
Act 1990 to prescribe different amounts of penalties for different offences or classes of
offences and to prescribe different amounts of penalties for the same penalty notice
offence under that Act (for example, according to whether the offender is a corporation
or a natural person, or according to the circumstances in which the offence is
committed).
1.20 Ports Corporatisation and Waterways Management Act 1995
No 13
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
subsidiary, in relation to a Port Corporation, means a body
corporate that would be a subsidiary (as determined by the
Corporations Act 2001 of the Commonwealth) of the Port
Corporation if the Port Corporation were a company.
[2] Section 6 Establishment of Newcastle Port Corporation as
statutory SOC
Omit section 6 (2).
[3] Section 7 Establishment of Port Kembla Port Corporation as
statutory SOC
Omit section 7 (2).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[4] Section 50 Imposition of navigation service charge
Omit section 50 (2). Insert instead:
(2) Unless the regulations otherwise provide, the charge:
(a) is payable on each entry by the vessel into any
designated port, and
(b) is to be calculated by reference to the gross tonnage of
the vessel.
[5] Section 59 Meaning of "site"
Omit "office of the Minister" from section 59 (1).
Insert instead "office of the relevant port authority".
[6] Section 60 Site occupation charge
Insert after section 60 (3):
(4) This section does not apply in respect of so much of a site as
is leased by the relevant port authority as lessor.
[7] Section 61 Wharfage charge
Omit "The charge" from section 61 (2).
Insert instead "Unless the regulations otherwise provide, the charge".
[8] Section 70 Interest on overdue payments
Omit section 70 (1). Insert instead:
(1) The relevant port authority may charge interest, at a rate
determined by the authority, on charges under this Part that
are unpaid by the due date.
[9] Section 77 Definitions
Insert after section 77 (2):
(3) A reference in this Part to pilotage services provided by a Port
Corporation includes a reference to pilotage services provided
by a subsidiary of the Port Corporation, and a reference to a
pilotage service provider is to be construed as including a
reference to any such subsidiary providing pilotage services.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[10] Section 108 Service of documents
Insert "a Port Corporation or" before "the Waterways Authority"
wherever occurring in section 108 (1) and (2).
[11] Section 108 (1) (a) and (b)
Insert "relevant Port Corporation or the" before "Authority" wherever
occurring.
Explanatory note
Repeals
Items [2] and [3] of the proposed amendments repeal provisions of the Ports
Corporatisation and Waterways Management Act 1995 (the Act) that amended the
State Owned Corporations Act 1989. The amendments have been incorporated in the
latter Act, which is up-to-date on the Legislation Database maintained by the
Parliamentary Counsel's Office and available electronically.
Port charges
At present, section 50 (2) of the Act provides that a navigation service charge is
payable on each entry (by a vessel liable for the charge) into any designated port
(within the meaning of Part 5 of the Act) and that, unless the regulations otherwise
provide, the charge is to be calculated by reference to the gross tonnage of the vessel.
Item [4] of the proposed amendments repeals and re-enacts section 50 (2) so as to
permit the regulations to vary the requirement for payment on every entry to a
designated port (as well as the method of calculation of the charge).
Item [7] of the proposed amendments amends section 61 of the Act so as to permit the
regulations to vary the manner of calculation of wharfage charges payable under that
section.
These proposed amendments mirror other provisions of the Act (for example, sections
56 (3), 60 (2) and 70 (3)).
Item [6] of the proposed amendments inserts a new subsection in section 60 (Site
occupation charge) so as to make it clear that a site occupation charge payable under
Part 5 of the Act is not payable by a lessee who leases the site from the relevant port
authority (within the meaning of that Part). Item [5] amends the definition of site to
reflect the fact that the map defining the area of a site is now kept at the office of the
relevant port authority and not at that of the Minister.
Miscellaneous
At present, section 70 (1) of the Act provides that charges under Part 5 that are unpaid
by the due date "attract interest" at a rate determined by the relevant port authority. Item
[8] of the proposed amendments repeals and re-enacts section 70 (1) so as to provide
for such interest to be charged at the discretion of the relevant port authority (rather
than compulsorily).
Item [9] of the proposed amendments inserts a referential provision in Part 6 (Pilotage)
of the Act to reflect the fact that pilotage services may be provided by a Port
Corporation by means of a subsidiary. Item [1] inserts a definition of subsidiary in
section 3 (Definitions) for the purposes of the Act.
At present, section 108 of the Act specifies certain ways in which documents might be
served on the Waterways Authority. Items [10] and [11] of the proposed amendments
extend the ambit of that section to include service of documents on Port Corporations.
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
1.21 Property, Stock and Business Agents Act 2002 No 66
[1] Section 86 Trust money to be paid into trust account
Omit "licencee" from section 86 (1). Insert instead "licensee".
[2] Schedule 2 Consequential amendments
Omit so much of item [2] of Schedule 2.7 (Property, Stock and Business
Agents Act 2002) as would insert section 17 (4), and renumber proposed
section 17 (5) as section 17 (4).
[3] Schedule 2.7 [3]
Omit the item. Insert instead:
[3] Sections 18, 19 and 24
Omit the sections. Insert instead:
19 Certain applications to be refused
An application must not be granted unless the applicant
is eligible to be granted the licence or certificate of
registration concerned (as provided by section 14).
[4] Schedule 2.7 [5]
Omit the item. Insert instead:
[5] Section 26 Effect of applying for restoration of expired licence
Omit section 26 (1)(5).
[5] Schedule 2.10 Strata Schemes Management Act 1996 No 138
Omit "Property, Stock and Business Agents Act 2001" from Schedule
2.10 [8].
Insert instead "Property, Stock and Business Agents Act 2002".
Explanatory note
Amendments relating to enactment of Licensing and Registration (Uniform
Procedures) Act 2002
Schedule 2.7 [2] to the Property, Stock and Business Agents Act 2002 repeals and re-
enacts section 17 of the Property, Stock and Business Agents Act 2002 (and inserts
section 17A) as a consequence of the enactment of the Licensing and Registration
(Uniform Procedures) Act 2002. Item [2] of the proposed amendments omits an
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
unnecessary subsection of the new section 17 and re-numbers the following
subsection in consequence of that omission.
Schedule 2.7 [3] to the Property, Stock and Business Agents Act 2002 omits sections
18, 19 and 24 of the Property, Stock and Business Agents Act 2002 as a consequence
of the enactment of the Licensing and Registration (Uniform Procedures) Act 2002.
Item [3] of the proposed amendments amends Schedule 2.7 [3] so as to replace the
repealed sections with a new section 19 that restores a provision that currently
specifies grounds on which an application for a licence or certificate of registration is to
be refused.
Schedule 2.7 [5] to the Property, Stock and Business Agents Act 2002 omits sections
26 and 27 of the Property, Stock and Business Agents Act 2002 as a consequence of
the enactment of the Licensing and Registration (Uniform Procedures) Act 2002. Item
[4] of the proposed amendments amends Schedule 2.7 [5] so as to restore section 27
(dealing with appeals to the Administrative Decisions Tribunal) and so as to keep a
provision that currently resurrects an expired licence, for limited purposes, when an
application to restore the licence is made.
Statute law amendments
Item [1] of the proposed amendments corrects a typographical error.
Item [5] of the proposed amendments corrects the citation of an Act.
1.22 Protected Disclosures Act 1994 No 92
[1] Section 8 Disclosure must be made by public officials
Omit section 8 (1) (c). Insert instead:
(c) to:
(i) another officer of the public authority or
investigating authority to which the public
official belongs, or
(ii) an officer of the public authority or investigating
authority to which the disclosure relates,
in accordance with any procedure established by the
authority concerned for the reporting of allegations of
corrupt conduct, maladministration or serious and
substantial waste of public money by that authority or
any of its officers, or
[2] Section 14 Disclosures to public officials
Insert "or by another public authority or any of its officers" after "by the
authority or any of its officers" in section 14 (1).
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
[3] Section 14 (2)
Omit the subsection. Insert instead:
(2) To be protected by this Act, a disclosure by a public official
to:
(a) another officer of the public authority to which the
public official belongs, or
(b) an officer of the public authority to which the disclosure
relates,
in accordance with any procedure established by the authority
concerned for the reporting of allegations of corrupt conduct,
maladministration or serious and substantial waste of public
money by that authority or any of its officers must be a
disclosure of information that shows or tends to show such
corrupt conduct, maladministration or serious and substantial
waste (whether by that authority or any of its officers or by
another public authority or any of its officers).
[4] Section 26 Referral of disclosures by public officials
Insert after section 26 (1):
(1A) If the public official to whom the disclosure referred to in
subsection (1) was made does not belong to the public
authority or investigating authority to which the disclosure
relates, the public official must refer the disclosure to the
principal officer of, or officer who constitutes, the authority
concerned, or to an investigating authority, for investigation
or other action.
Explanatory note
The Protected Disclosures Act 1994 (the Act) currently provides protection to a public
official (as defined in the Act) who makes a disclosure of information that shows or
tends to show corrupt conduct, maladministration or serious and substantial waste of
public money by a public authority or investigating authority (both of which are
defined in the Act) or any of its officers if the disclosure is made to certain persons
specified in the Act. Those persons include the principal officer of (or officer who
constitutes) the authority the subject of the disclosure. However, protection is afforded
to a public official who discloses such information to the principal officer (or another
officer, in accordance with internal procedure) of the authority to which the public official
belongs only if the disclosure is in respect of that authority. Protection is not afforded if
the disclosure relates to another authority.
Item [1] of the proposed amendments provides for a public official to make a disclosure
to an officer of the authority to which the disclosure relates in accordance with any
procedure established by the authority concerned for that purpose.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
Item [2] of the proposed amendments protects a disclosure made by a public official to
the principal officer of, or officer who constitutes, the public or investigating authority to
which the disclosing officer belongs even if it is a disclosure relating to another public
or investigating authority.
Item [3] of the proposed amendments provides the same protection in respect of such
a disclosure when it is made to another officer of the authority to which the disclosure
relates in accordance with any procedure established by the authority concerned for
that purpose.
Item [4] of the proposed amendments inserts a new subsection in section 26 of the Act
so as to require a public official to whom a disclosure under Part 2 (Protected
disclosures) of the Act is made in respect of another public authority to refer the
disclosure to the principal officer of (or officer who constitutes) the public authority to
which the disclosure relates.
1.23 Protection of the Environment Operations Act 1997 No 156
[1] Section 187 Appointment of authorised officers
Renumber section 187 (3) (as inserted by the Statute Law (Miscellaneous
Provisions) Act 2002) as section 187 (2A).
[2] Section 244 Orders generally
Insert after section 244 (2):
(3) Other action not required
Orders may be made under this Part regardless of whether any
penalty is imposed, or other action taken, in relation to the
offence.
Explanatory note
Item [1] of the proposed amendments corrects duplicate numbering.
Section 244 in Part 8.3 of the Protection of the Environment Operations Act 1997
(the Act) provides for the making of orders of various kinds under that Part in relation
to offences against the Act (or the regulations made under the Act) that a court finds
proved. (The orders that may be made under Part 8.3 include orders to make good any
environmental damage caused by the offence, orders requiring the offender to pay
certain costs and expenses, and orders requiring the offender to carry out a specified
project for the restoration or enhancement of the environment in a public place or for
the public benefit.) Section 244 (2) provides that orders may be made under Part 8.3 in
addition to any penalty that may be imposed or any other action that may be taken in
relation to the offence concerned.
Item [2] of the proposed amendments inserts an additional subsection in section 244
to make it clear that the imposition of a penalty, or the taking of any other action, in
relation to the offence is not a prerequisite to the making of such an order.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
1.24 Public Trustee Act 1913 No 19
Section 5 Office of Public Trustee
Insert after section 5 (1):
(1A) Subject to this Act, the person appointed to the office of
Public Trustee holds office for such period (not exceeding 5
years) as is specified in his or her instrument of appointment,
but is eligible (if otherwise qualified) for re-appointment.
Explanatory note
At present, the person appointed to the office of Public Trustee under section 5 of the
Public Trustee Act 1913 is appointed for an indefinite term. The appointee ceases to
hold that office only in the circumstances specified in the section (for example, if he or
she resigns or dies, or is removed by the Governor for misbehaviour or incompetence
after a resolution of each House of Parliament declaring that he or she ought to be
removed).
The proposed amendment inserts a new subsection in section 5 to provide that the
appointee is to be appointed for a specified term (which is not to exceed 5 years).
However, there is no limit on the number of times that an appointee may be re-
appointed (if otherwise qualified) to the office.
As the office is currently vacant, there is no need for a transitional provision.
1.25 Real Property Act 1900 No 25
[1] Section 74F Lodgment of caveats against dealings, possessory
applications, plans and applications for cancellation of
easements or extinguishment of restrictive covenants
Insert "(and, if that address is a box at a document exchange, an alternative
address in New South Wales that is not such a box)" after "the caveator"
in section 74F (5) (b) (viii).
[2] Section 74I Lapse of caveat where dealing etc subsequently
lodged for recording
Omit "the caveator takes the action referred to in subsection (3), the caveat
will lapse to the extent provided by that subsection and the dealing or plan
will be recorded or registered." from section 74I (1).
Insert instead:
the caveator has:
(c) obtained from the Supreme Court an order extending
the operation of the caveat for such further period as is
specified in the order or until the further order of that
Court, and
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
(d) lodged with the Registrar-General the order or an office
copy of the order,
the caveat will (subject to evidence of due service of the
notice on the caveator) lapse in accordance with
subsection (5) and the dealing or plan will be recorded or
registered.
[3] Section 74I (2)
Omit "the caveator takes the action referred to in subsection (3), the caveat
will lapse to the extent provided by that subsection and the possessory
application may be granted.".
Insert instead:
the caveator has:
(a) obtained from the Supreme Court an order extending
the operation of the caveat for such further period as is
specified in the order or until the further order of that
Court, and
(b) lodged with the Registrar-General the order or an office
copy of the order,
the caveat will (subject to evidence of due service of the
notice on the caveator) lapse in accordance with
subsection (5) and the possessory application may be granted.
[4] Section 74I (3)(5)
Omit subsection (3). Insert instead:
(3) The applicant must, within 4 weeks after the issue of the
notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-
General may accept, evidence of the due service of the notice
on the caveator.
(4) If the applicant does not comply with subsection (3), the
Registrar-General:
(a) may refuse to take any further action in connection with
the notice prepared under subsection (1) or (2) (as
relevant), or
(b) may serve on the applicant a notice allowing a further
4 weeks from the date of service of that notice for
lodgment of the evidence and, if the evidence is not
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
lodged within the further period, may refuse to take any
further action in connection with the notice prepared
under subsection (1) or (2) (as relevant).
(5) If:
(a) the evidence required by subsection (3) is lodged within
the time permitted by this section, and
(b) the caveator has not lodged with the Registrar-General
the order or office copy of the order referred to in
subsection (1) or (2) (as the case may require) in
accordance with the relevant subsection,
the Registrar-General is to make a recording in the Register to
the effect that the caveat has, to the extent that it would
prohibit the recording of the dealing or the registration of the
delimitation plan, or the granting of the possessory
application, lapsed, and the caveat so lapses on the making of
that recording.
[5] Section 74J Lapse of caveat on application of proprietor of estate
or interest
Omit "the caveator takes the action referred to in subsection (2) before the
expiry of 21 days after the date of service of the notice, the caveat will
lapse." from section 74J (1).
Insert instead:
the caveator has, before the expiry of 21 days after the date of
service of the notice:
(a) obtained from the Supreme Court an order extending
the operation of the caveat for such further period as is
specified in the order or until the further order of that
Court, and
(b) lodged with the Registrar-General the order or an office
copy of the order,
the caveat will (subject to evidence of due service of the
notice on the caveator) lapse in accordance with
subsection (4).
Page 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[6] Section 74J (2)(4)
Omit subsection (2). Insert instead:
(2) The applicant must, within 4 weeks after the issue of the
notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-
General may accept, evidence of the due service of the notice
on the caveator.
(3) If the applicant does not comply with subsection (2), the
Registrar-General:
(a) may refuse to take any further action in connection with
the notice prepared under subsection (1), or
(b) may serve on the applicant a notice allowing a further
4 weeks from the date of service of that notice for
lodgment of the evidence and, if the evidence is not
lodged within the further period, may refuse to take any
further action in connection with the notice prepared
under subsection (1).
(4) If:
(a) the evidence required by subsection (2) is lodged within
the time permitted by this section, and
(b) the caveator has not lodged with the Registrar-General
the order or office copy of the order referred to in
subsection (1) in accordance with that subsection,
the Registrar-General is to make a recording in the Register to
the effect that the caveat has lapsed, and the caveat so lapses
on the making of that recording.
[7] Section 74JA Lapse of caveat regarding extinguishment of
restrictive covenant
Omit "the caveator takes the action referred to in subsection (4), the caveat
will lapse to the extent provided by that subsection and the restrictive
covenant will be extinguished." from section 74JA (3).
Insert instead:
the caveator has:
(a) obtained from the Supreme Court an order extending
the operation of the caveat for such further period as is
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
specified in the order or until the further order of that
Court, and
(b) lodged with the Registrar-General the order or an office
copy of the order,
the caveat will (subject to evidence of due service of the
notice on the caveator) lapse in accordance with
subsection (6) and the restrictive covenant will be
extinguished.
[8] Section 74JA (4)(6)
Omit subsection (4). Insert instead:
(4) The applicant must, within 4 weeks after the issue of the
notice, lodge with the Registrar-General, in the form of a
statutory declaration or such other form as the Registrar-
General may accept, evidence of the due service of the notice
on the caveator.
(5) If the applicant does not comply with subsection (4), the
Registrar-General:
(a) may refuse to take any further action in connection with
the notice prepared under subsection (3), or
(b) may serve on the applicant a notice allowing a further
4 weeks from the date of service of that notice for
lodgment of the evidence and, if the evidence is not
lodged within the further period, may refuse to take any
further action in connection with the notice prepared
under subsection (3).
(6) If:
(a) the evidence required by subsection (4) is lodged within
the time permitted by this section, and
(b) the caveator has not lodged with the Registrar-General
the order or office copy of the order referred to in
subsection (3) in accordance with that subsection,
the Registrar-General is to make a recording in the Register to
the effect that the caveat has, to the extent that it would
prohibit the extinguishment of the restrictive covenant
concerned, lapsed, and the caveat so lapses on the making of
that recording.
Page 38
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[9] Schedule 3 Savings and transitional provisions
Insert after clause 18:
Part 7 Statute Law (Miscellaneous Provisions)
Act (No 2) 2002
19 Lapsing of caveats
Sections 74I, 74J and 74JA, as in force immediately before
the commencement of Schedule 1.25 to the Statute Law
(Miscellaneous Provisions) Act (No 2) 2002, continue to
apply to and in respect of applications made under those
sections before that commencement as if that Act had not
been enacted.
Explanatory note
Section 74F (5) of the Real Property Act 1900 (the Act) sets out the requirements for
a caveat lodged under section 74F. Section 74F (5) (b) (viii) provides that the caveat
must specify an address in New South Wales at which notices may be served on the
caveator. Frequently, solicitors who are members of a document exchange (DX)
specify their DX number as the address. However, persons who are not members of
the DX cannot use the DX to serve a notice. Item [1] of the proposed amendments
ensures that, if a DX number is specified as the address, an alternative, non-DX,
address must also be specified.
Items [2][8] of the proposed amendments give statutory force to the Registrar-
General's current administrative arrangements relating to the lapsing of caveats. At
present, sections 74I, 74J and 74JA of the Act provide that the caveats to which those
sections relate lapse at the expiry of the period of 21 days after the date of service on
the caveator of a notice warning the caveator that the caveat will lapse unless, within
that period, the caveator obtains and lodges with the Registrar-General an order from
the Supreme Court extending the operation of the caveat.
The proposed amendments amend those sections so as to require the person seeking
the lapsing of the caveat to lodge with the Registrar-General evidence of service of the
warning notice on the caveator within 4 weeks after the issue of the notice. They also
provide for an extension of time for that service, and enable the Registrar-General to
refuse to take any further action in relation to the lapsing of the caveat if the applicant
fails to provide the evidence of service of the notice within the time allowed.
Item [9] of the proposed amendments inserts a transitional provision in the Act to
ensure that applications made under sections 74I, 74J and 74JA before the
amendment of those sections by this Act are dealt with in accordance with those
sections as in force at the time the applications were made.
Page 39
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
1.26 Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Section 10AA
Insert after section 10:
10AA Tribunal assistance to other entities
(1) The Tribunal may enter into arrangements with any Minister
or government agency or other body or person in the public
sector for the provision of assistance by the Tribunal to the
Minister, agency or other body or person by means of the
provision of services that are within the Tribunal's field of
expertise and relevant to its functions.
(2) However, the Tribunal is not to enter into an arrangement
under this section:
(a) for the provision of services relating to the
remuneration or allowances payable to the holder of an
office specified in Schedule 1, 2, 3 or 4, or
(b) unless the Minister has approved of the arrangement
(either generally or in a particular case).
(3) In entering into an arrangement under this section, the
Tribunal has a duty to ensure that giving effect to the
arrangement will not interfere with the ability of the Tribunal
to exercise its functions.
Explanatory note
The proposed amendment inserts a new section in the Statutory and Other Offices
Remuneration Act 1975 (the Act) so as to permit the Statutory and Other Offices
Remuneration Tribunal (the Tribunal) to provide assistance to Ministers, government
agencies and other bodies and persons (in the public sector only) in the form of
services that are within the Tribunal's field of expertise and relevant to its functions.
However, that assistance will not extend to matters relating to remuneration or
allowances determined by the Tribunal under the Act.
The proposed new section is similar to a provision of the Independent Pricing and
Regulatory Tribunal Act 1992.
Page 40
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
1.27 Strata Schemes (Freehold Development) Act 1973 No 68
[1] Section 8 Registration of strata plans
Insert after section 8 (6) (a):
(a1) if the certificate of title or Crown grant for the land
comprising the proposed parcel does not accompany
the plan (or is not produced in the office of the
Registrar-General within such time as the Registrar-
General considers reasonable), unless evidence is
furnished to the Registrar-General's satisfaction that:
(i) the certificate of title or Crown grant is in his or
her custody, and that he or she has authority to
use the instrument in connection with the
registration of the plan, or
(ii) the certificate of title or Crown grant has been
lost, mislaid or destroyed and application has
been duly made (and is being duly prosecuted)
under section 111 of the Real Property Act 1900,
or
[2] Section 11 Unit entitlements of lots in subdivisions involving
common property
Omit "section 37A (5) (b)" from section 11 (b).
Insert instead "section 37A (5) (c)".
[3] Section 27 Dedication of common property
Omit "unanimous resolution" from section 27 (2).
Insert instead "special resolution".
Explanatory note
Section 15 (2) of the Strata Schemes (Freehold Development) Act 1973 (the Act)
permits the Registrar-General to refuse to register a strata plan of subdivision or
consolidation, a notice of conversion or a building alteration plan if it is not
accompanied by the certificate of title for the common property (except in certain
circumstances--for example, if the certificate is lost and application for a replacement
has been duly made and is being prosecuted). Item [1] of the proposed amendments
inserts a similar power in relation to the registration of an initial strata plan and the
certificate of title (or Crown grant) for the land to which the proposed strata plan relates.
Item [2] of the proposed amendments corrects a cross-reference.
Page 41
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
The Conveyancing Legislation Amendment (e-plan) Act 2002 repealed and re-enacted
(among other things) section 27 (2) of the Act. That subsection requires the common
property in a strata scheme that is to be dedicated as public road, public reserve or
drainage reserve to be identified on a plan and relate to a statement of intention to so
dedicate that is acknowledged by endorsement of the seal of the owners corporation
"pursuant to a unanimous resolution". However, an earlier amendment (made by the
Strata Schemes Legislation Amendment Act 2001) had altered section 27 (2), as then
in force, so as to require only a special resolution (that is, a resolution passed at a duly
convened general meeting of the owners corporation and against which not more than
one-quarter in value (ascertained as provided by the Act) of votes is cast), rather than
a unanimous resolution. Item [3] of the proposed amendments gives effect to the earlier
amendment.
1.28 Strata Schemes (Leasehold Development) Act 1986 No 219
[1] Section 7 Registration of strata plans
Insert after section 7 (2E) (b):
(b1) if the certificate of title or Crown grant for the land
comprising the proposed parcel does not accompany
the plan (or is not produced in the office of the
Registrar-General within such time as the Registrar-
General considers reasonable), unless evidence is
furnished to the Registrar-General's satisfaction that:
(i) the certificate of title or Crown grant is in his or
her custody, and that he or she has authority to
use the instrument in connection with the
registration of the plan, or
(ii) the certificate of title or Crown grant has been
lost, mislaid or destroyed and application has
been duly made (and is being duly prosecuted)
under section 111 of the Real Property Act 1900,
or
[2] Section 14 Unit entitlements of lots in subdivisions involving
common property
Omit "section 66A (5) (b)" from section 14 (b).
Insert instead "section 66A (5) (c)".
[3] Section 31 Dedication of common property
Omit "unanimous resolution" from section 31 (2).
Insert instead "special resolution".
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Minor amendments Schedule 1
[4] Section 35 Powers of lessor where no current lease
Omit "prescribed authority" from section 35 (2).
Insert instead "proprietor".
Explanatory note
Section 18 (2) of the Strata Schemes (Leasehold Development) Act 1986 (the Act)
permits the Registrar-General to refuse to register a strata plan of subdivision or
consolidation, a notice of conversion or a building alteration plan if it is not
accompanied by the certificate of title for the common property (except in certain
circumstances--for example, if the certificate is lost and application for a replacement
has been duly made and is being prosecuted). Item [1] of the proposed amendments
inserts a similar power in relation to the registration of an initial strata plan and the
certificate of title (or Crown grant) for the land to which the proposed strata plan relates.
Item [2] of the proposed amendments corrects a cross-reference.
The Conveyancing Legislation Amendment (e-plan) Act 2002 repealed and re-enacted
(among other things) section 31 (2) of the Act. That subsection requires the common
property in a strata scheme that is to be dedicated as public road, public reserve or
drainage reserve to be identified on a plan and relate to a statement of intention to so
dedicate that is acknowledged by endorsement of the seal of the owners corporation
"pursuant to a unanimous resolution". However, an earlier amendment (made by the
Strata Schemes Legislation Amendment Act 2001) had altered section 31 (2), as then
in force, so as to require only a special resolution (that is, a resolution passed at a duly
convened general meeting of the owners corporation and against which not more than
one-quarter in value (ascertained as provided by the Act) of votes is cast), rather than
a unanimous resolution. Item [3] of the proposed amendments gives effect to the earlier
amendment.
Originally, the leasehold strata scheme established by the Act could be utilised only by
a prescribed authority (the Crown or a public authority, including a local council).
When the Act was later amended to allow privately owned land to be the subject of such
a scheme, the expression "prescribed authority" was replaced by the expression
"proprietor". However, one such expression was missed. Item [4] of the proposed
amendments makes the necessary correction.
1.29 Strata Schemes Management Act 1996 No 138
Section 112 Agreement for payment to owner of consideration on
transfer or lease of common property
Omit "unanimous resolution". Insert instead "special resolution".
Explanatory note
On 1 June 2001, the Strata Schemes (Freehold Development) Act 1973 and the Strata
Schemes (Leasehold Development) Act 1986 were amended to allow common
property to be dealt with by special resolution rather than unanimous resolution.
The proposed amendment makes a consequential amendment to a provision that is
concerned solely with common property.
Page 43
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 1 Minor amendments
1.30 Unlawful Gambling Act 1998 No 113
Section 6 Definition of "prohibited gaming device"
Insert after section 6 (3):
(4) A device that would otherwise be a prohibited gaming device
is not a prohibited gaming device if:
(a) it is kept in a State-owned museum or similar public
institution, and
(b) it is not used for the purposes of gambling, and
(c) it is used only for educational or cultural purposes.
Explanatory note
Section 15 of the Unlawful Gambling Act 1998 (the Act) creates the offence of
possessing, or permitting the use or operation of a prohibited gaming device, which
is defined in section 6 of the Act.
The proposed amendment amends section 6 so as to allow State-owned museums and
similar public institutions to hold, display, and demonstrate the operation of, such
gaming devices.
1.31 Wentworth Irrigation Act 1890 No 7
Section 4 Definitions
Omit the definitions of Domestic use, Regulations and Stock.
Explanatory note
The proposed amendment omits definitions of terms (domestic use and stock) that
are no longer used in the Wentworth Irrigation Act 1890. It also omits the definition of
a term (regulations) that is dealt with in section 20 of the Interpretation Act 1987.
Page 44
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Amendments by way of statute law revision Schedule 2
Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Burwood Planning Scheme Ordinance
Clause 78DA Development of land at Webb Street, Croydon
Omit "(within the meaning of the Unhealthy Building Land Act 1990)"
from clause 78DA (6).
Commencement
The amendment to the Burwood Planning Scheme Ordinance commences on the
commencement of section 4 (2).
Explanatory note
The proposed amendment is consequential on the proposed repeal of the Unhealthy
Building Land Act 1990 by section 4 (2).
2.2 Conveyancing (Sale of Land) Regulation 2000
Schedule 3 Prescribed warranties
Omit item 7 from Part 3.
Commencement
The amendment to the Conveyancing (Sale of Land) Regulation 2000 commences on
the commencement of section 4 (2).
Explanatory note
The proposed amendment is consequential on the proposed repeal of the Unhealthy
Building Land Act 1990 by section 4 (2).
2.3 Crimes (Administration of Sentences) Act 1999 No 93
Section 198 Matters to be considered in relation to certain
advisory functions
Omit "served" where secondly occurring from section 198 (3) (e).
Insert instead "serve".
Explanatory note
The proposed amendment corrects incorrect grammar.
Page 45
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 2 Amendments by way of statute law revision
2.4 Environmental Planning and Assessment Act 1979 No 203
Section 118 Appointment of environmental planning
administrator
Omit "section 94A" from section 118 (1). Insert instead "section 94E".
Explanatory note
The proposed amendment corrects a cross-reference.
2.5 Firearms (General) Amendment (Temporary Amnesty for
pre-1900 Firearms) Regulation 2002
Clause 3
Omit the clause. Insert instead:
3 Amendment of Firearms (General) Regulation 1997
The Firearms (General) Regulation 1997 is amended as set
out in Schedule 1.
Commencement
The amendment to the Firearms (General) Amendment (Temporary Amnesty for pre-
1900 Firearms) Regulation 2002 is taken to have commenced on 1 July 2002.
Explanatory note
The proposed amendment corrects the incorrect citations of a statutory instrument.
2.6 Gaming Machines Act 2001 No 127
Section 47A Prohibition on accepting transfer of prize winning
cheques
Omit "limited" from section 47A (2). Insert instead "limiting".
Explanatory note
The proposed amendment corrects a typographical error.
2.7 Gas Supply (Network Safety Management) Regulation 2002
[1] Clause 3 Definitions
Insert "(1)" before "In this Regulation".
Page 46
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Amendments by way of statute law revision Schedule 2
[2] Clause 3 (1) (as gazetted)
Renumber the subclause as subclause (2).
Explanatory note
The proposed amendments number an unnumbered subclause and make a
consequential amendment to the numbering of another subclause.
2.8 Health Records and Information Privacy Act 2002 No 71
Schedule 3 Amendment of Privacy and Personal Information
Protection Act 1998
Omit "1998" from the Note to section 45 (2A) in Schedule 3 [18].
Insert instead "2002".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
2.9 Landlord and Tenant (Amendment) Act 1948 No 25
Sections 30 and 32
Omit "Controller's" wherever occurring.
Insert instead "Director-General's".
Explanatory note
The proposed amendment updates terminology.
2.10 Leeton Local Environmental Plan No 35
Schedule 1 Definitions
Omit the definition of unhealthy building land.
Explanatory note
The proposed amendment omits the definition of a term (defined by reference to an Act
that is to be repealed by section 4 (2)) that is not used in the local environmental plan.
2.11 Marine Pollution Act 1987 No 299
Section 25 Interpretation
Insert ", or" after "pipeline" in paragraph (e) (ii) of the definition of
appropriate person in section 25 (1).
Explanatory note
The proposed amendment inserts missing punctuation and a missing conjunction.
Page 47
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 2 Amendments by way of statute law revision
2.12 National Parks and Wildlife Amendment Act 2001 No 130
[1] Schedule 1 Amendment of National Parks and Wildlife Act 1974
relating to classification and management of land
Omit "138 (1) (b) (ix)" from the heading to Schedule 1 [73].
Insert instead "138 (1) (b) (xi)".
[2] Schedule 1 [80]
Omit "Sections 33 (4) (b)" from the item heading.
Insert instead "Sections 33 (4) (a)".
Explanatory note
The proposed amendments correct incorporating directions.
2.13 Police Service Amendment (NSW Police) Act 2002 No 51
Schedule 1 Amendment of Police Service Act 1990
Insert "or where occurring in the name of an Act" after "this Schedule" in
Schedule 1 [2].
Explanatory note
The proposed amendment corrects an incorporating direction.
2.14 Protection of the Environment Administration Act 1991
No 60
Section 3 Definitions
Omit "Unhealthy Building Land Act 1990," from the list of Acts in the
definition of environment protection legislation.
Commencement
The amendment to the Protection of the Environment Administration Act 1991
commences on the commencement of section 4 (2).
Explanatory note
The proposed amendment omits a reference to an Act that is to be repealed by section
4 (2).
Page 48
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Amendments by way of statute law revision Schedule 2
2.15 Public Sector Employment and Management Act 2002 No 43
Section 28 Period of employment
Omit "temporary" where secondly occurring from section 28 (2).
Explanatory note
The proposed amendment omits a superfluous word.
2.16 Public Sector Employment and Management (General)
Regulation 1996
[1] Clause 3 Definitions
Insert "a" before "member of staff" in the definition of temporary work
location in clause 3 (1).
[2] Clause 3 (1), definition of "temporary work location"
Omit "public servant". Insert instead "member of staff".
Explanatory note
Item [1] of the proposed amendments inserts a missing word.
Item [2] of the proposed amendments updates obsolete terminology.
2.17 Radiation Control Act 1990 No 13
Schedule 2 Savings and transitional provisions
Renumber Part 3 (where secondly occurring) as Part 4.
Explanatory note
The proposed amendment corrects duplicated numbering of Parts.
2.18 Radiation Control Regulation 1993
Clause 6 Safe dose limits to be taken into account by Authority
Omit "a a decision". Insert instead "a decision".
Explanatory note
The proposed amendment omits a superfluous word.
2.19 Rail Safety Regulation 1999
Schedule 1 Penalty notice offences
Omit "(Offences)" from the heading to Part 2.
Explanatory note
The proposed amendment corrects an incorrect citation of a Regulation.
Page 49
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 2 Amendments by way of statute law revision
2.20 Road Transport (Heavy Vehicles Registration Charges) Act
1995 No 72
Section 9 Variations in charges
Insert "in" after "specified" wherever occurring in section 9 (1), (3) and
(4).
Explanatory note
The proposed amendment inserts missing words.
2.21 Rural Fires Act 1997 No 65
Sections 86 (Notice and certain authorities required before certain
fires lit) and 89 (Issue of permits)
Omit "Environmental Planning Assessment Act 1979" wherever occurring
from sections 86 (1A) (b) and 89 (2) (b).
Insert instead "Environmental Planning and Assessment Act 1979".
Explanatory note
The proposed amendment corrects incorrect citations of an Act.
2.22 Statute Law (Miscellaneous Provisions) Act 2002 No 53
Schedule 2 Amendments by way of statute law revision
Omit "170 (1)" from Schedule 2.16 [1] wherever occurring.
Insert instead "170A (1)".
Explanatory note
The proposed amendment corrects an incorporating direction.
2.23 Sutherland Local Environmental Plan--Menai Town Centre
1992
Clause 33 What is complying development?
Omit "1997" from clause 33 (3) (i). Insert instead "1977".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
Page 50
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Amendments by way of statute law revision Schedule 2
2.24 Sydney Regional Environmental Plan No 17--Kurnell
Peninsula (1989)
Clause 36 What is complying development?
Omit "1997" from clause 36 (3) (p). Insert instead "1977".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
2.25 Western Lands Act 1901 No 70
Section 20 Annual rent (as inserted by the Western Lands
Amendment Act 2002)
Omit "Annual rent = Base rent + Cultivation charge + Intensive
agriculture charge Rehabilitation rebate" from section 20 (1).
Insert instead "Annual rent = Base rent + Cultivation charge + Intensive
agriculture charge - Rehabilitation rebate".
Commencement
The amendment to the Western Lands Act 1901 commences (or is taken to have
commenced) on the commencement of Schedule 2 [2] to the Western Lands
Amendment Act 2002.
Explanatory note
The proposed amendment inserts a minus sign that was in the Bill for the Western
Lands Amendment Act 2002 as introduced into Parliament and passed by both Houses
but which was inadvertently omitted from the Act that was presented to the Governor
for assent and assented to.
2.26 Young Offenders Act 1997 No 54
Section 4 Definitions
Omit "access" from the definition of on-line service.
Insert instead "accessed".
Explanatory note
The proposed amendment corrects incorrect grammar.
Page 51
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 3 Repeals
Schedule 3 Repeals
(Section 4)
Name of Act or statutory rule Extent of repeal
Loan Fund Companies Act 1976 No 94 Sections 9, 10, 11 and 284
Section 463
Meat Industry Act 1978 No 54
Hire-Purchase (Repeal) Act 1981 No 127 Whole Act3
Children (Equality of Status) Amendment Act 1984 No 6 Whole Act2
Optical Dispensers (Amendment) Act 1987 No 276 Schedule 1 (1), (2), (4) and
(10)4
Schedule 23
Public Authorities Superannuation (Government Whole Regulation3
Initiatives Transfer) (Savings and Transitional)
Regulation 1987
Public Authorities Superannuation (Cootamundra Shire Whole Regulation3
Council Gas Employees) (Savings and Transitional)
Regulation 1988
Catchment Management Act 1989 No 235 The reference to the Upper
Parramatta River Catchment
Management Trust in Part 2 of
Schedule 14
Superannuation (Government Insurance Office Whole Regulation3
Employees) (Savings and Transitional) Regulation 1990
State Authorities Superannuation (Australian Securities Whole Regulation3
Commission Employees) Savings and Transitional
Regulation 1991
State Authorities Superannuation (NSW Health Whole Regulation3
Department Computer and Information Systems Branch
Employees Transfer) Transitional Regulation 1991
Superannuation (Australian Securities Commission Whole Regulation3
Employees) Savings and Transitional Regulation 1991
Superannuation (NSW Health Department Computer and Whole Regulation3
Information Systems Branch Employees Transfer)
Transitional Regulation 1991
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Repeals Schedule 3
Name of Act or statutory rule Extent of repeal
Medical Practice Act 1992 No 94 Section 64
Whole Regulation3
State Authorities Superannuation (First State Computing
Employees) Transitional Regulation 1992
State Authorities Superannuation (Government Insurance Whole Regulation3
Office Employees) Transitional Regulation 1992
State Authorities Superannuation (GrainCorp Employees) Whole Regulation3
Transitional Regulation 1992
Whole Regulation3
State Authorities Superannuation (Sydney Ports Pilotage
Service Employees) Transitional Regulation 1992
Superannuation (First State Computing Employees) Whole Regulation3
Transitional Regulation 1992
Superannuation (GrainCorp Employees) Transitional Whole Regulation3
Regulation 1992
Whole Regulation3
Superannuation (Sydney Ports Pilotage Service
Employees) Transitional Regulation 1992
State Authorities Superannuation (ABRI Employees) Whole Regulation3
Transitional Regulation 1993
State Authorities Superannuation (FINCOM Employees) Whole Regulation3
Transitional Regulation 1993
State Authorities Superannuation (Joint Coal Board--Coal Whole Regulation3
Industry Tribunal Employees) Transitional Regulation
1993
State Authorities Superannuation (Lismore City Council) Whole Regulation3
Transitional Regulation 1993
Superannuation (FINCOM Employees) Transitional Whole Regulation3
Regulation 1993
Superannuation (Joint Coal Board--Coal Industry Whole Regulation3
Tribunal Employees) Transitional Regulation 1993
State Authorities Superannuation (Centre for Bone and Whole Regulation3
Joint Diseases Employees' Superannuation)
Regulation 1994
State Authorities Superannuation (FRC--NRC Transfer) Whole Regulation3
Regulation 1994
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 3 Repeals
Name of Act or statutory rule Extent of repeal
State Authorities Superannuation (Government Cleaning Whole Regulation3
Service Employees Transfer) Regulation 1994
State Authorities Superannuation (SRA--Goninan Whole Regulation3
Transfer) Regulation 1994
Superannuation (Government Cleaning Service Employees Whole Regulation3
Transfer) Regulation 1994
State Authorities Superannuation (Department of Whole Regulation3
Agriculture Employees) Transitional Regulation 1995
Superannuation (Department of Agriculture Employees) Whole Regulation3
Transitional Regulation 1995
State Authorities Superannuation (Eastern Creek Raceway Whole Regulation3
Employees) Transitional Regulation 1996
State Authorities Superannuation (Integral Energy Whole Regulation3
Australia) Transitional Regulation 1996
Superannuation (Eastern Creek Raceway Employees) Whole Regulation3
Transitional Regulation 1996
Superannuation (Integral Energy Australia) Transitional Whole Regulation3
Regulation 1996
Liquor and Registered Clubs Legislation Amendment Act Whole Act6
1997 No 155
State Authorities Superannuation (Dairy Corporation Whole Regulation3
Employees) Transitional Regulation 1997
Superannuation (Dairy Corporation Employees) Whole Regulation3
Transitional Regulation 1997
Parliamentary Contributory Superannuation Legislation Whole Act2
Amendment Act 1998 No 13
Rural Lands Protection Act 1998 No 143 Clause 11 of Schedule 74
Road Transport (Safety and Traffic Management) (Road Division 4 of Part 5 (clauses
Rules) Regulation 1999 123B123H)3
State Authorities Superannuation (APRA Employees) Whole Regulation3
Transitional Regulation 1999
Page 54
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Repeals Schedule 3
Name of Act or statutory rule Extent of repeal
Superannuation (APRA Employees) Transitional Whole Regulation3
Regulation 1999
Tow Truck Industry Amendment Act 1999 No 61 Whole Act2
Medical Practice Amendment Act 2000 No 64 Whole Act2
Unlawful Gambling Amendment (Betting) Act 2000 No 66 Whole Act2
Road Transport (Heavy Vehicles Registration Charges) Whole Act2
Amendment Act 2000 No 68
Plant Diseases Amendment Act 2000 No 70 Whole Act2
Administrative Decisions Tribunal Legislation Amendment Whole Act2
(Revenue) Act 2000 No 72
Legal Profession Amendment (Incorporated Legal Whole Act2
Practices) Act 2000 No 73
Rural Assistance Amendment Act 2000 No 79 Whole Act2
Protection of the Environment Operations Amendment Whole Act2
(Balloons) Act 2000 No 82
Crimes at Sea Amendment Act 2000 No 83 Whole Act2
General Government Debt Elimination Amendment Act Whole Act2
2000 No 84
Passenger Transport Amendment Act 2000 No 85 Whole Act2
Electricity Legislation Amendment (TransGrid) Act 2000 Whole Act2
No 88
Mining and Petroleum Legislation Amendment Act 2000 Whole Act2
No 90
Protection of the Environment Operations Amendment Whole Act2
(Tradeable Emission Schemes) Act 2000 No 91
Banana Industry Amendment Act 2000 No 94 Whole Act2
Horticultural Legislation Amendment Act 2000 No 96 Whole Act2
Legal Aid Commission Amendment Act 2000 No 98 Whole Act2
Page 55
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 3 Repeals
Name of Act or statutory rule Extent of repeal
Police Service Amendment (Selection and Appointment) Whole Act2
Act 2000 No 99
Superannuation Legislation Amendment Act 2000 No 100 Whole Act2
University of Western Sydney Amendment Act 2000 Whole Act2
No 101
Rural Fires Amendment Act 2000 No 104 Whole Act2
State Revenue Legislation Further Amendment Act 2000 Whole Act2
No 105
Valuation of Land Amendment Act 2000 No 106 Whole Act2
Crimes Legislation Further Amendment Act 2000 No 107 Whole Act2
Racing and Totalizator Legislation Amendment Act 2000 Whole Act2
No 108
Crimes (Administration of Sentences) Amendment Act Whole Act2
2000 No 110
Law Reform (Miscellaneous Provisions) Amendment Act Whole Act2
2000 No 111
Marine Parks Amendment Act 2000 No 113 Whole Act2
Whole Regulation3
State Authorities Superannuation (Rail Fleet Services
Limited Employees) Transitional Regulation 2000
Superannuation Legislation Amendment (Same Sex Whole Act2
Partners) Act 2000 No 114
Superannuation (Rail Fleet Services Limited Employees) Whole Regulation3
Transitional Regulation 2000
Whole Act3
Appropriation (Budget Variations) Act 2001 No 2
Appropriation Act 2001 No 36 Whole Act3
Appropriation (Parliament) Act 2001 No 37 Whole Act3
Appropriation (Special Offices) Act 2001 No 38 Whole Act3
Home Building Legislation Amendment Act 2001 No 51 Section 44
Criminal Legislation Amendment Act 2001 No 117 Schedule 115
Page 56
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Repeals Schedule 3
Name of Act or statutory rule Extent of repeal
Fisheries Management (General) Amendment (Fees) Whole Regulation3
Regulation 2002 (as published in Gazette No 106 on 28
June 2002 at pages 47194726)
Key
1 indicates repeal of an Act that was assented to in 2001 or earlier and that
contains only amendments or amendments and repeals
2 indicates repeal of an Act that was assented to in 2001 or earlier and that
contains only amendments and spent provisions (or other provisions that
do not need to be preserved)
3 indicates repeal of an Act, statutory rule or provision that is spent or no
longer of practical utility
4 indicates repeal of an Act or provision that is uncommenced but is not to
be commenced because it is no longer of practical utility
5 indicates repeal of an uncommenced Act (or provision) that cannot be
commenced
6 indicates repeal of an Act (or part of an Act) containing, among other
things, uncommenced provisions that cannot be commenced or are not
to be commenced because they are no longer of practical utility
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 or provisions being repealed are up-to-date on the
Legislation Database maintained by the Parliamentary Counsel's Office and are
available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or
repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that
the following matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act,
(c) any amendment or validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
Page 57
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 4 General savings, transitional and other provisions
Schedule 4 General savings, transitional and other
provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision
contained in an Act is, if the amending provision has commenced
before the date of assent to this Act, taken to have effect as from the
commencement of the amending provision.
(2) In this clause:
amending provision means a provision of an Act that makes a direct
amendment to an Act by:
(a) the repeal or omission of matter contained in the amended Act
without the insertion of any matter instead of the repealed or
omitted matter, or
(b) the omission of matter contained in the amended Act and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act of matter, not being matter
inserted instead of matter omitted from the Act,
whether the provision was enacted before or after the
commencement of the Reprints Act 1972.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors
in 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 an instrument, or
(b) repeals and re-enacts (with or without modification) a
provision of an Act or an instrument,
any act done or decision made under the provision amended or
repealed has effect after the amendment or repeal as if it had been
done or made under the provision as so amended or repealed.
Page 58
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
General savings, transitional and other provisions Schedule 4
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless
expressly provided, vitiate any act done or decision made under the provision as in
force before the amendment or repeal.
3 Application of Interpretation Act 1987 to amendments to statutory
rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply
to any amendments to statutory rules made by this Act.
Explanatory note
This clause makes it clear that certain provisions concerning the making, tabling and
disallowance of statutory rules do not apply to amendments to statutory rules made by
the proposed Act.
4 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation
made under an Act amended by this Act, that is in force immediately
before the commencement of the amendment, is taken to have been
made under the Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any regulation made under an Act
amended by the proposed Act, and in force immediately before the commencement of
the amendment, will be taken to have been made under the amended Act.
5 Effect of amendment on environmental planning instruments
The amendment of an environmental planning instrument by this
Act does not prevent its later amendment or repeal by another
environmental planning instrument.
Explanatory note
This clause ensures that the amendment of a local environmental plan or other
environmental planning instrument does not prevent its amendment or repeal by an
environmental planning instrument.
6 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:
Page 59
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Schedule 4 General savings, transitional and other provisions
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having
a short term effect and relating to incidental matters arising out of the proposed Act with
regard to which no specific, or sufficient, provision has been made in the Act.
Page 60
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
Notes
Index of Acts and instruments amended by Schedules 1 and 2
Adoption Act 2000 No 75--Schedule 1
Burwood Planning Scheme Ordinance--Schedule 2
Casino Control Act 1992 No 15--Schedule 1
Children and Young Persons (Care and Protection) Act 1998 No 157--
Schedule 1
Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2--
Schedule 1
Conveyancing (Sale of Land) Regulation 2000--Schedule 2
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 2
Crown Lands Act 1989 No 6--Schedule 1
Crown Lands (Continued Tenures) Act 1989 No 7--Schedule 1
Education (Ancillary Staff) Act 1987 No 240--Schedule 1
Education (Ancillary Staff) Regulation 1998--Schedule 1
Environmental Planning and Assessment Act 1979 No 203--Schedule 2
Firearms (General) Amendment (Temporary Amnesty for pre-1900 Firearms)
Regulation 2002--Schedule 2
Fisheries Management Act 1994 No 38--Schedule 1
Gaming Machines Act 2001 No 127--Schedule 2
Gas Supply Act 1996 No 38--Schedule 1
Gas Supply (Natural Gas Retail Competition) Regulation 2001--Schedule 1
Gas Supply (Network Safety Management) Regulation 2000--Schedule 2
Hay Irrigation Act 1902 No 57--Schedule 1
Health Records and Information Privacy Act 2002 No 71--Schedule 2
Landlord and Tenant (Amendment) Act 1948 No 25--Schedule 2
Leeton Local Environmental Plan No 35--Schedule 2
Licensing and Registration (Uniform Procedures) Act 2002 No 28--Schedule 1
Local Government Act 1993 No 30--Schedule 1
Page 61
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
Marine Pollution Act 1987 No 299--Schedule 2
Marine Safety Act 1998 No 121--Schedule 1
National Parks and Wildlife Act 1974 No 80--Schedule 1
National Parks and Wildlife Amendment Act 2001 No 130--Schedule 2
Occupational Health and Safety Act 2000 No 40--Schedule 1
Ombudsman Act 1974 No 68--Schedule 1
Passenger Transport Act 1990 No 39--Schedule 1
Police Service Amendment (NSW Police) Act 2002 No 51--Schedule 2
Ports Corporatisation and Waterways Management Act 1995 No 13--
Schedule 1
Property, Stock and Business Agents Act 2002 No 66--Schedule 1
Protected Disclosures Act 1994 No 92--Schedule 1
Protection of the Environment Administration Act 1991 No 60--Schedule 2
Protection of the Environment Operations Act 1997 No 156--Schedule 1
Public Sector Employment and Management Act 2002 No 43--Schedule 2
Public Sector Employment and Management (General) Regulation 1996--
Schedule 2
Public Trustee Act 1913 No 19--Schedule 1
Radiation Control Act 1990 No 13--Schedule 2
Radiation Control Regulation 1993--Schedule 2
Rail Safety Regulation 1999--Schedule 2
Real Property Act 1900 No 25--Schedule 1
Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72--
Schedule 2
Rural Fires Act 1997 No 65--Schedule 2
Statute Law (Miscellaneous Provisions) Act 2002 No 53--Schedule 2
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 1
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 1
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 1
Strata Schemes Management Act 1996 No 138--Schedule 1
Page 62
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
Sutherland Local Environmental Plan--Menai Town Centre 1992--Schedule 2
Sydney Regional Environmental Plan No 17--Kurnell Peninsula (1989)--
Schedule 2
Unlawful Gambling Act 1998 No 113--Schedule 1
Wentworth Irrigation Act 1890 No 7--Schedule 1
Western Lands Act 1901 No 70--Schedule 2
Young Offenders Act 1997 No 54--Schedule 2
Index of Acts and statutory rules wholly repealed by Schedule 3
Administrative Decisions Tribunal Legislation Amendment (Revenue) Act 2000
No 72
Appropriation Act 2001 No 36
Appropriation (Budget Variations) Act 2001 No 2
Appropriation (Parliament) Act 2001 No 37
Appropriation (Special Offices) Act 2001 No 38
Banana Industry Amendment Act 2000 No 94
Children (Equality of Status) Amendment Act 1984 No 6
Crimes (Administration of Sentences) Amendment Act 2000 No 110
Crimes at Sea Amendment Act 2000 No 83
Crimes Legislation Further Amendment Act 2000 No 107
Electricity Legislation Amendment (TransGrid) Act 2000 No 88
Fisheries Management (General) Amendment (Fees) Regulation 2002 (as
published in Gazette No 106 on 28 June 2002 at pages 47194726)
General Government Debt Elimination Amendment Act 2000 No 84
Hire-Purchase (Repeal) Act 1981 No 127
Horticultural Legislation Amendment Act 2000 No 96
Law Reform (Miscellaneous Provisions) Amendment Act 2000 No 111
Legal Aid Commission Amendment Act 2000 No 98
Legal Profession Amendment (Incorporated Legal Practices) Act 2000 No 73
Marine Parks Amendment Act 2000 No 113
Page 63
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
Medical Practice Amendment Act 2000 No 64
Mining and Petroleum Legislation Amendment Act 2000 No 90
Parliamentary Contributory Superannuation Legislation Amendment Act 1998
No 13
Passenger Transport Amendment Act 2000 No 85
Plant Diseases Amendment Act 2000 No 70
Police Service Amendment (Selection and Appointment) Act 2000 No 99
Protection of the Environment Operations Amendment (Balloons) Act 2000
No 82
Protection of the Environment Operations Amendment (Tradeable Emission
Schemes) Act 2000 No 91
Public Authorities Superannuation (Cootamundra Shire Council Gas
Employees) (Savings and Transitional) Regulation 1988
Public Authorities Superannuation (Government Initiatives Transfer) (Savings
and Transitional) Regulation 1987
Racing and Totalizator Legislation Amendment Act 2000 No 108
Road Transport (Heavy Vehicles Registration Charges) Amendment Act 2000
No 68
Rural Assistance Amendment Act 2000 No 79
Rural Fires Amendment Act 2000 No 104
State Authorities Superannuation (ABRI Employees) Transitional Regulation
1993
State Authorities Superannuation (APRA Employees) Transitional Regulation
1999
State Authorities Superannuation (Australian Securities Commission
Employees) Savings and Transitional Regulation 1991
State Authorities Superannuation (Centre for Bone and Joint Diseases
Employees' Superannuation) Regulation 1994
State Authorities Superannuation (Dairy Corporation Employees) Transitional
Regulation 1997
State Authorities Superannuation (Department of Agriculture Employees)
Transitional Regulation 1995
Page 64
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
State Authorities Superannuation (Eastern Creek Raceway Employees)
Transitional Regulation 1996
State Authorities Superannuation (FINCOM Employees) Transitional
Regulation 1993
State Authorities Superannuation (First State Computing Employees)
Transitional Regulation 1992
State Authorities Superannuation (FRC--NRC Transfer) Regulation 1994
State Authorities Superannuation (Government Cleaning Service Employees
Transfer) Regulation 1994
State Authorities Superannuation (Government Insurance Office Employees)
Transitional Regulation 1992
State Authorities Superannuation (GrainCorp Employees) Transitional
Regulation 1992
State Authorities Superannuation (Integral Energy Australia) Transitional
Regulation 1996
State Authorities Superannuation (Joint Coal Board--Coal Industry Tribunal
Employees) Transitional Regulation 1993
State Authorities Superannuation (Lismore City Council) Transitional
Regulation 1993
State Authorities Superannuation (NSW Health Department Computer and
Information Systems Branch Employees Transfer) Transitional Regulation 1991
State Authorities Superannuation (Rail Fleet Services Limited Employees)
Transitional Regulation 2000
State Authorities Superannuation (SRA--Goninan Transfer) Regulation 1994
State Authorities Superannuation (Sydney Ports Pilotage Service Employees)
Transitional Regulation 1992
State Revenue Legislation Further Amendment Act 2000 No 105
Superannuation (APRA Employees) Transitional Regulation 1999
Superannuation (Australian Securities Commission Employees) Savings and
Transitional Regulation 1991
Superannuation (Dairy Corporation Employees) Transitional Regulation 1997
Superannuation (Department of Agriculture Employees) Transitional
Regulation 1995
Page 65
Statute Law (Miscellaneous Provisions) Bill (No 2) 2002
Notes
Schedule
4Notes
Superannuation (Eastern Creek Raceway Employees) Transitional Regulation
1996
Superannuation (FINCOM Employees) Transitional Regulation 1993
Superannuation (First State Computing Employees) Transitional Regulation
1992
Superannuation (Government Cleaning Service Employees Transfer)
Regulation 1994
Superannuation (Government Insurance Office Employees) (Savings and
Transitional) Regulation 1990
Superannuation (GrainCorp Employees) Transitional Regulation 1992
Superannuation (Integral Energy Australia) Transitional Regulation 1996
Superannuation (Joint Coal Board--Coal Industry Tribunal Employees)
Transitional Regulation 1993
Superannuation Legislation Amendment Act 2000 No 100
Superannuation Legislation Amendment (Same Sex Partners) Act 2000 No 114
Superannuation (NSW Health Department Computer and Information Systems
Branch Employees Transfer) Transitional Regulation 1991
Superannuation (Rail Fleet Services Limited Employees) Transitional
Regulation 2000
Superannuation (Sydney Ports Pilotage Service Employees) Transitional
Regulation 1992
Tow Truck Industry Amendment Act 1999 No 61
University of Western Sydney Amendment Act 2000 No 101
Unlawful Gambling Amendment (Betting) Act 2000 No 66
Valuation of Land Amendment Act 2000 No 106
Page 66
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