STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 2) 2009

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STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 2) 2009

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 No , 2009 A Bill for An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.

Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2009. 3 2 Commencement 4 (1) This Act commences on 8 January 2010, except as provided by this 5 section. 6 (2) The amendments made by the Schedules to this Act commence on the 7 day or days specified in those Schedules in relation to the amendments 8 concerned. If a commencement day is not specified, the amendments 9 commence on 8 January 2010. 10 3 Repeal of this Act 11 (1) A subschedule of Schedule 1, 2, 3, 4 or 5 is repealed on the day 12 following the day on which all of the provisions of the subschedule have 13 commenced (except as provided by subsection (2)). 14 (2) If a subschedule of Schedule 1, 2, 3, 4 or 5 commences before the date 15 of assent to this Act, the subschedule is repealed on the day after the date 16 of assent to this Act. 17 (3) The repeal by this section of any such subschedule does not, because of 18 the operation of section 30 of the Interpretation Act 1987, affect any 19 amendment made by those subschedules. 20 4 Explanatory notes 21 The matter appearing under the heading "Explanatory note" in any of 22 the Schedules does not form part of this Act. 23 Page 2

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 Schedule 1 Minor amendments 1 1.1 Associations Incorporation Act 2009 No 7 2 Section 34 Public officer 3 Insert after section 34 (6): 4 (7) If there is any change in the address of the public officer of an 5 association, the public officer must notify the Director-General, 6 in the approved form, of the new address within 28 days after the 7 change occurs. 8 Maximum penalty: 1 penalty unit. 9 Explanatory note 10 The proposed amendment to the (uncommenced) Associations Incorporation Act 2009 11 (the Act) requires the public officer of an association registered under the Act to notify 12 the Director-General of any change in the public officer's address within 28 days of the 13 change occurring. The penalty for contravening the requirement is 1 penalty unit 14 (currently, $110). The same requirement and penalty are currently provided for in the 15 Associations Incorporation Act 1984, but with a 14-day period for notification. 16 1.2 Building Professionals Act 2005 No 115 17 Section 63 Accredited certifiers to have required insurance 18 Omit section 63 (3). Insert instead: 19 (3) Subsection (1) does not apply to the exercise of the functions of 20 a certifying authority by an accredited certifier if the certifier is 21 employed by a council and is exercising the functions on the 22 council's behalf, whether within or beyond its area. 23 Explanatory note 24 Section 63 (1) of the Building Professionals Act 2005 (the Act) makes it an offence for 25 an accredited certifier to exercise the functions of a certifying authority or hold out that 26 the accredited certifier has the required insurance unless the accredited certifier is 27 covered by insurance that complies with the regulations or, in the case of an accredited 28 certifier who is employed by a local council to exercise those functions, is covered by 29 the council's general insurance policy. 30 As some local councils have arrangements with other local councils to "self insure" 31 rather than to insure with insurance companies, they do not hold general insurance 32 policies. Accordingly, the proposed amendment to the Act provides that an accredited 33 certifier employed by a council and exercising the functions of a certifying authority on 34 the local council's behalf is exempt from the requirement in section 63 (1) of the Act to 35 be covered by the prescribed insurance. 36 Page 3

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments 1.3 Building Professionals Amendment Act 2008 No 37 1 [1] Schedule 1 Principal amendments 2 Omit proposed section 5 (1A) from Schedule 1 [5]. Insert instead: 3 (1A) An application for accreditation to carry out certification work 4 only on behalf of councils may not be made except on the 5 recommendation of a council. 6 [2] Schedule 1 [11] 7 Omit "a particular council" from proposed section 6A (1). 8 Insert instead "councils". 9 [3] Schedule 1 [17] 10 Omit "particular" from proposed section 8 (2) (b1). 11 Explanatory note 12 The proposed amendments to the Building Professionals Amendment Act 2008 amend 13 uncommenced amendments to the Building Professionals Act 2005 that provide for a 14 class of accreditation that is limited to exercising the functions of an accredited certifier 15 as an employee of a particular local council. An application for such accreditation can 16 only be made on the recommendation of the particular local council concerned. The 17 proposed amendments remove the references to "particular" from those provisions to 18 enable that class of accredited certifier to exercise functions for any local council and 19 not just the local council that recommended the application for accreditation. 20 1.4 Commission for Children and Young People Act 1998 No 146 21 Section 33 Definitions 22 Insert "and juvenile correctional centres (within the meaning of the Crimes 23 (Administration of Sentences) Act 1999)" after "Children (Detention Centres) 24 Act 1987)" in paragraph (a) (iv) of the definition of child-related employment 25 in section 33 (1). 26 Explanatory note 27 The proposed amendment to the Commission for Children and Young People Act 28 1998 (the Act) expands the definition of child-related employment so that the 29 provisions of the Act that prohibit certain persons from engaging in child-related 30 employment, and require background checks to be carried out, extend to employment 31 in a juvenile correctional centre. Currently, child-related employment includes 32 employment in child detention centres. However, children may also be detained in 33 juvenile correctional centres, which are administered by the Commissioner of 34 Corrective Services. 35 Page 4

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 1.5 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 1 [1] Section 4 Definitions 2 Omit the definition of authorised officer from section 4 (1). Insert instead: 3 authorised officer means: 4 (a) an authorised officer appointed under section 17, or 5 (b) a police officer. 6 [2] Section 17 Appointment of authorised officers 7 Omit section 17 (1). Insert instead: 8 (1) A Competent Authority may appoint a person, or persons 9 included in a class of persons, to be an authorised officer or 10 authorised officers. 11 [3] Section 20 Competent Authority may delegate functions 12 Insert after section 20 (a): 13 (a1) if the Competent Authority is the EPA, a police officer, or 14 [4] Section 21 General powers of authorised officers who are police officers 15 or appointed by EPA: application of Chapter 7 of Protection of the 16 Environment Operations Act 1997 17 Insert "who is a police officer or who is" before "appointed by the EPA" 18 wherever occurring in section 21 (1) and (2) (a). 19 [5] Section 34 Review of notices by Competent Authority 20 Omit section 34 (8). Insert instead: 21 (8) In this section, relevant Competent Authority means: 22 (a) the Competent Authority that appointed the authorised 23 officer who issued the notice concerned, or 24 (b) if the authorised officer who issued the notice is a police 25 officer, the EPA. 26 [6] Section 65 Protection from liability 27 Omit section 65 (2). Insert instead: 28 (2) A liability that would, apart from this section, attach to an 29 authorised officer attaches instead: 30 (a) to the Competent Authority that appointed the authorised 31 officer, or 32 (b) if the authorised officer is a police officer, to the EPA. 33 Page 5

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments [7] Section 66 Confidentiality and disclosure of information 1 Omit "or a police officer" from section 66 (2) (d). 2 Explanatory note 3 Item [1] of the proposed amendments to the Dangerous Goods (Road and Rail 4 Transport) Act 2008 (the Act) extends the definition of authorised officer for the 5 purposes of the Act to include police officers. Currently, the term applies only to 6 persons appointed under the Act as authorised officers by a Competent Authority, 7 being the Environment Protection Authority (the EPA) or the WorkCover Authority. 8 Item [4] enables an authorised officer who is a police officer to exercise the same 9 general powers under the Act as authorised officers appointed under the Act by the 10 EPA. 11 Items [3], [5] and [6] are consequential amendments that make the EPA the Competent 12 Authority in relation to authorised officers who are police officers in provisions of the Act 13 dealing with the delegation of a Competent Authority's functions under the Act to 14 authorised officers (item [3]), the review by a Competent Authority of certain notices 15 issued under the Act by authorised officers (item [5]) and the vicarious liability of a 16 Competent Authority for the acts or omissions of authorised officers (item [6]). 17 Item [7] is a consequential amendment that removes a redundant reference to a police 18 officer in a provision that refers to an authorised officer and a police officer in the 19 alternative. 20 Item [2] of the proposed amendments allows a Competent Authority to appoint persons 21 included in a class of persons to be authorised officers. 22 1.6 Environmental Planning and Assessment Act 1979 No 203 23 [1] Section 34B Special provision for development in Sydney water 24 catchment relating to water quality 25 Omit "Water Management Act 2000" from section 34B (4) (a). 26 Insert instead "Sydney Water Catchment Management Act 1998". 27 [2] Section 53 Minister may make environmental planning instruments for 28 local areas (LEPs) 29 Omit "(or delegate)" from section 53 (1). 30 [3] Section 59 Making of local environmental plan by Minister 31 Omit "(or the Minister's delegate)" wherever occurring in section 59 (2)�(4). 32 [4] Section 59 (2) (a) and (4) 33 Omit "(or delegate)" wherever occurring. 34 [5] Section 145B Exemption from liability--contaminated land 35 Insert ", including a planning proposal for the proposed environmental 36 planning instrument" after "instrument" in section 145B (2) (a). 37 Page 6

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 [6] Section 145B (2) (c) 1 Insert "and any application under Part 3A" after "development application". 2 Explanatory note 3 State environmental planning policies declaring Sydney drinking water 4 catchment 5 Section 34B of the Environmental Planning and Assessment Act 1979 (the EP&A Act) 6 requires the approval of the Minister administering the Water Management Act 2000 7 before the making of a State environmental planning policy declaring a Sydney drinking 8 water catchment is recommended by the Minister administering the EP&A Act. Item [1] 9 of the proposed amendments replaces the reference to the Minister administering the 10 Water Management Act 2000 with a reference to the Minister administering the Sydney 11 Water Catchment Management Act 1998, as being the Minister whose approval is 12 required. 13 Delegation of Minister's power to make local environmental plans 14 Section 23 of the EP&A Act provides comprehensively for the delegation of functions 15 under that Act, including the delegation of Ministerial functions. Under that section, any 16 act or thing done or suffered while acting under the power of a delegation from the 17 Minister has the same force and effect as if the act or thing had been done or suffered 18 by the Minister. Items [2]�[4] remove unnecessary references to the Minister's delegate 19 in sections of the EP&A Act dealing with the making of local environmental plans. 20 Exemption from liability relating to contaminated land 21 Section 145B of the EP&A Act provides for exemption from liability for contaminated 22 land for actions in good faith taken in exercising a planning function under the EP&A 23 Act. Items [5] and [6] include, as planning functions to which the exemption applies, the 24 preparation of a planning proposal (required under the EP&A Act before the making of 25 an environmental planning instrument) and (in addition to the existing function of 26 processing and determination of development applications) the processing and 27 determination of applications under Part 3A of the EP&A Act. The proposed 28 amendments correct inadvertent admissions. 29 1.7 Environmental Planning and Assessment Amendment Act 30 2008 No 36 31 [1] Schedule 1 Amendments relating to environmental planning 32 Omit the uncommenced part of Schedule 1.1 [11] (namely, proposed section 33 56 (2) (g) and the sentence following that paragraph). 34 [2] Schedule 2 Amendments relating to development assessment 35 Omit "or (b)" from proposed section 78A (8) (c) in Schedule 2.1 [17]. 36 Explanatory note 37 Delegation of function relating to making of environmental planning instruments 38 Section 23 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) 39 provides comprehensively for the delegation of functions under that Act, including the 40 delegation of Ministerial functions. Item [1] of the proposed amendments to the 41 Environmental Planning and Assessment Amendment Act 2008 omits an 42 uncommenced amendment which would require that the Minister determine whether or 43 not to delegate a plan-making function when reviewing a plan-making proposal. Any 44 Page 7

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments such determination and delegation may be made under the existing section 23 of the 1 EP&A Act. 2 Documents to accompany development applications 3 Section 78A (8) of the EP&A Act requires certain development applications to be 4 accompanied by an environmental impact statement. Item [2] ensures that a statement 5 of environmental effects is required, even where a species impact statement is also 6 required. 7 1.8 Fisheries Management Act 1994 No 38 8 [1] Sections 185 and 186 9 Omit "is infected with" wherever occurring. 10 Insert instead "is, or is infected with,". 11 [2] Section 187 Regulations relating to diseased fish and marine vegetation 12 Omit "is infected or suspected of being infected with" from section 187 (2) (a). 13 Insert instead "is, or is suspected of being, a declared disease or infected with". 14 [3] Section 187 (2) (c) 15 Insert "the presence or suspected presence of a declared disease or" after 16 "officer of". 17 Explanatory note 18 The proposed amendments to the Fisheries Management Act 1994 (the Act) extend 19 references in the Act to fish or marine vegetation infected with a declared disease 20 (being a disease declared under the Act to be subject to certain prohibitions and 21 quarantine provisions) to accommodate the possibility (provided for in the Act) that fish 22 and marine vegetation may themselves be declared to be a disease if they are a 23 parasite or pest. 24 1.9 Industrial Relations Amendment (Jurisdiction of Industrial 25 Relations Commission) Act 2009 No 32 26 [1] Schedule 2 Amendment of other legislation 27 Omit "Sections 123 (1), 124 (1) and 141 (1)" from Schedule 2.16 [1]. 28 Insert instead "Sections 123 (1) and 124 (1)". 29 [2] Schedule 2.16 [5] 30 Omit "Sections 124 (2) and 141 (2)". Insert instead "Section 124 (2)". 31 Commencement 32 The amendments commence, or are taken to have commenced, immediately before 33 the commencement of Schedule 2.16 to the Industrial Relations Amendment 34 (Jurisdiction of Industrial Relations Commission) Act 2009. 35 Page 8

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 Explanatory note 1 The proposed amendments to the Industrial Relations Amendment (Jurisdiction of 2 Industrial Relations Commission) Act 2009 prevent certain amendments made by that 3 Act to section 141 of the Rail Safety Act 2008 (which would otherwise become 4 unincorporable on the commencement of amendments elsewhere in this Schedule that 5 are proposed to be made to that section) from taking effect. 6 1.10 Interpretation Act 1987 No 15 7 [1] Section 26 Exercise of certain powers between enactment and 8 commencement of Acts and making and commencement of instruments 9 Insert after section 26 (3): 10 (4) This section applies to an instrument that does not commence on 11 its making in the same way as it applies to an Act that does not 12 commence on its enactment. For that purpose, a reference in this 13 section to an amendment of some other Act includes a reference 14 to an amendment of some other instrument. 15 [2] Section 45C Publication on NSW legislation website 16 Insert after section 45C (5): 17 (6) For the purpose of facilitating public access to instruments on the 18 NSW legislation website, the Parliamentary Counsel may 19 determine the following matters: 20 (a) the requirements for lodging instruments required to be 21 published on that website, 22 (b) standard technical requirements with respect to the 23 drafting of those instruments. 24 [3] Section 68 References to amended Acts and instruments 25 Omit "subsection (3)" from section 68 (3A). Insert instead "this section". 26 [4] Section 68 (5) 27 Insert after section 68 (4): 28 (5) This section extends to a reference to a repealed Act or 29 instrument that is replaced by Commonwealth legislation 30 (including legislation enacted in reliance on a referral of 31 legislative power by the State). 32 Explanatory note 33 Exercise of certain powers between making and commencement of instruments 34 The effect of item [1] of the proposed amendments to the Interpretation Act 1987 (the 35 Act) is to enable instruments of a legislative or administrative character to be made 36 under an uncommenced regulation or other instrument that would, if it had 37 commenced, confer a power to make such an instrument. The purpose of the provision 38 Page 9

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments being applied (which currently applies only in relation to uncommenced Acts) is to 1 enable certain acts to be done, such as the making of an appointment, where the 2 provision enabling the act to be done has been made but has not yet commenced. 3 Authority relating to publication of legislation on NSW website 4 Item [2] amends section 45C of the Act relating to the publication of legislation on the 5 NSW legislation website. The making of regulations and certain other statutory 6 instruments is now required to be published on the NSW legislation website maintained 7 by the Parliamentary Counsel's Office (instead of in the Gazette). Schedule 3 contains 8 amendments to legislation to extend the requirement for publication on the website to 9 additional categories of statutory instruments (as part of a staged program for the 10 publication on the website of statutory instruments of a legislative nature). Apart from 11 the publication of instruments, the website also provides public access to up-to-date in 12 force versions of regulations and other statutory instruments. 13 For the purpose of facilitating public access to those statutory instruments, item [2] 14 authorises the Parliamentary Counsel to determine: 15 (a) the requirements for lodging instruments required to be published on that 16 website (such as the email, fax or other address to which they are to be sent; 17 and special arrangements for urgent publications), and 18 (b) standard technical requirements with respect to the drafting of those 19 instruments (such as requirements for a unique name or citation; requirements 20 relating to the electronic file type; and requirements relating to standard 21 numbering and other formatting used in NSW legislation). 22 References to repealed Acts or instruments re-enacted or remade in another 23 jurisdiction 24 Item [4] provides that the provisions of section 68 of the Act that require references to 25 repealed Acts and instruments to be construed as references to any re-enacted Act or 26 remade instrument extend to re-enacting or remaking in another jurisdiction. This 27 ensures the provisions will apply where the State refers powers to the Commonwealth 28 and a State law is replaced by a Commonwealth law. 29 Item [3] makes an amendment consequential on that made by item [4]. 30 1.11 Local Government Act 1993 No 30 31 Section 733 Exemption from liability--flood liable land and land in 32 coastal zone 33 Omit "or development" from section 733 (3) (a). 34 Insert instead ", including a planning proposal for the proposed environmental 35 planning instrument, or a development". 36 Explanatory note 37 Section 733 of the Local Government Act 1993 (the Act) exempts councils from liability 38 for actions in good faith in exercising a planning or local government function relating 39 to flooding or the likelihood of flooding or coastline hazards. 40 The effect of the proposed amendment to the Act is to include within the exemption the 41 preparation of a planning proposal that, under section 55 of the Environmental 42 Planning and Assessment Act 1979, is required before the making of an environmental 43 planning instrument. This amendment is consequential on the changes to the 44 plan-making procedures made by the Environmental Planning and Assessment 45 Amendment Act 2008 and by oversight was not made by that Act. 46 Page 10

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 1.12 Marine Safety Act 1998 No 121 1 [1] Schedule 1 Alcohol and drug use--random breath testing and related 2 matters 3 Omit "blood, and" from clause 7 (3) (d). Insert instead "blood.". 4 [2] Schedule 1, clause 7 (3) (e) 5 Omit the paragraph. 6 [3] Schedule 1, clause 7 (4) 7 Omit the subclause. Insert instead: 8 (4) The medical practitioner must, as soon as reasonably practicable 9 after the sample of blood is taken, arrange for the sample to be 10 submitted to a laboratory prescribed by the regulations for 11 analysis by an analyst to determine the concentration of alcohol 12 in the blood. 13 [4] Schedule 1, clauses 7 (5A), 15 (5A) and 20 (5A) 14 Insert after clauses 7 (5), 15 (5) and 20 (5), respectively: 15 (5A) An authorised officer may make the arrangements referred to in 16 subclause (4). The making of such arrangements under this 17 subclause operates to discharge the duty provided for in 18 subclause (4) to make those arrangements. 19 [5] Schedule 1, clause 12 (5A) 20 Insert after clause 12 (5): 21 (5A) The making of arrangements under subclause (5) for analysis of 22 a blood sample to determine the concentration of alcohol in the 23 blood operates to discharge the duty referred to in subclause (2) 24 to make those arrangements. 25 Explanatory note 26 Items [1]�[5] make amendments to the Marine Safety Act 1998 parallel to those made 27 by items [1]�[4], [6] and [7] of the proposed amendments to the Road Transport (Safety 28 and Traffic Management) Act 1999 elsewhere in this Schedule. 29 Page 11

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments 1.13 Protection of the Environment Operations Act 1997 No 156 1 [1] Schedule 1 Scheduled activities 2 Omit the definition of general chemicals storage from clause 9 (1). 3 Insert instead: 4 general chemicals storage, meaning the storage or packaging in 5 containers, bulk storage facilities or stockpiles of any chemical 6 substance classified as a dangerous good in the Transport of 7 Dangerous Goods Code, other than the following: 8 (a) petroleum or petroleum products, 9 (b) radioactive substances within the meaning of the 10 Radiation Control Act 1990. 11 [2] Schedule 1, clause 13 (2) 12 Omit "concrete or". 13 Explanatory note 14 General chemicals storage is an activity in relation to which a licence under the 15 Protection of the Environment Operations Act 1997 (the Act) is required in specified 16 circumstances. Item [1] of the proposed amendments amends the definition of general 17 chemicals storage to reinstate a broad description of the chemical substances to 18 which the term applies (in line with the broad description of the chemicals to which the 19 term applied in the previous definition of the term). The current definition of the term 20 (which was inserted in recent amendments to the Act) incorrectly refers to the storage 21 or packaging of chemicals classified as dangerous goods in the Transport of 22 Dangerous Goods Code (as defined in the Act) as being excluded from the term. 23 Item [2] omits redundant wording from a provision of the Act applying to concrete 24 works (being a term that previously included the production of both pre-mixed concrete 25 and concrete products, but which now includes only the latter). 26 1.14 Public Finance and Audit Act 1983 No 152 27 [1] Section 27B The Auditor-General 28 Insert after section 27B (6): 29 (6A) Towards defraying the costs and expenses of any particular audit 30 or audit-related service provided at the request of both Houses of 31 Parliament or of a Minister under subsection (3), there is payable 32 to the Auditor-General, out of funds available for the expenditure 33 of Parliament or of the Minister (as the case requires), such 34 amounts at such times as the Treasurer decides. 35 Page 12

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 [2] Section 43A General audit of former statutory bodies 1 Insert at the end of section 43A (2) (b): 2 and 3 (c) a statement referred to in section 41C (1B) in relation to 4 the financial report is to be prepared and submitted, 5 [3] Section 43A (3) 6 Insert "and statement" after "The financial report". 7 [4] Section 43A (3) 8 Insert ", or by any entity that controlled the body" after "continuation of the 9 body". 10 Explanatory note 11 Item [1] of the proposed amendments to the Public Finance and Audit Act 1983 allows 12 the Auditor-General to recoup his or her costs of audit from Parliament or a Minister if 13 Parliament or a Minister requests a particular audit or audit-related service. 14 Items [2]�[4] relate to the audit of statutory bodies that have ceased to exist. Items [2] 15 and [3] ensure that the former managers of the body or a successor of the body may, 16 in addition to preparing and submitting the last financial report for the body, prepare and 17 submit the necessary statement about the accuracy of the report to the 18 Auditor-General. Item [4] extends the provisions to a controlling entity of the former 19 body. 20 1.15 Rail Safety Act 2008 No 97 21 [1] Section 132 Proceedings for offences 22 Omit section 132 (1) and (2). Insert instead: 23 (1) Proceedings for an offence under this Act or the regulations may 24 be dealt with summarily: 25 (a) before the Local Court (if the offence is under a regulation 26 made under section 131), or 27 (b) before either the Local Court or the Industrial Court of 28 New South Wales (if the offence is under a regulation 29 made under Schedule 1), or 30 (c) before the Industrial Court of New South Wales (in any 31 other case). 32 [2] Section 132 (3) 33 Omit the subsection. 34 Page 13

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments [3] Section 141 Enforcement of undertakings 1 Omit "Local Court constituted by an Industrial Magistrate" from section 2 141 (1). 3 Insert instead "Industrial Court of New South Wales". 4 [4] Section 141 (2) 5 Omit "the Local Court". Insert instead "the Court". 6 Commencement 7 The amendments commence, or are taken to have commenced, on the 8 commencement of Schedule 1 [15] to the Industrial Relations Amendment (Jurisdiction 9 of Industrial Relations Commission) Act 2009. 10 Explanatory note 11 The Rail Safety Act 2008 (the Act) provides that proceedings for offences under the 12 Act or its regulations may be dealt with by the Local Court or the Industrial Court of New 13 South Wales (the Industrial Court). Item [1] of the proposed amendments to the Act 14 particularises which of these proceedings may be dealt with only by the Local Court 15 (being proceedings for offences relating to passenger conduct and the regulation and 16 control of trains, drivers and railways), which may be dealt with by either the Local 17 Court or the Industrial Court (being offences relating to the presence of alcohol or drugs 18 in persons carrying out rail safety work, and refusals or failures to undergo alcohol or 19 drug tests) and which may be dealt with only by the Industrial Court (being proceedings 20 for all other offences under the Act and its regulations). Item [1] also omits a provision 21 as a consequence of the amendment just described. 22 Item [2] omits a provision that will become redundant on the commencement of certain 23 amendments to the Industrial Relations Act 1996. The provision allows proceedings for 24 offences under the Act or its regulations that are dealt with by the Local Court (other 25 than certain offences relating to passenger conduct and the regulation and control of 26 trains, drivers and railways) to be appealed to the Full Bench of the Industrial Court. 27 Item [3] updates a reference to the Court that may enforce certain voluntary 28 undertakings given under the Act, as a consequence of (uncommenced) amendments 29 to the Industrial Relations Act 1996 that abolish the office of Industrial Magistrate. 30 Item [4] makes a consequential amendment. 31 1.16 Retirement Villages Amendment Act 2008 No 121 32 [1] Schedule 1 Amendments 33 Omit Schedule 1 [56]. 34 Page 14

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 [2] Schedule 1 [57] 1 Omit the item. Insert instead: 2 [57] Section 77 (4) 3 Omit the subsection. Insert instead: 4 (4) An appointment of the operator of a retirement 5 village or close associate of the operator of a 6 retirement village as a proxy is of no effect. 7 Explanatory note 8 Item [1] of the proposed amendments to the Retirement Villages Amendment Act 2008 9 repeals an uncommenced amendment to the Retirement Villages Act 1999 (the 10 principal Act) that would list the kinds of persons who can be appointed as the proxy 11 of a retirement village resident to vote at resident meetings. 12 Repealing the amendment will retain the existing provision of the principal Act that 13 allows any person to be appointed as a proxy (except the retirement village operator or 14 a close associate of the operator). 15 Item [2] makes a consequential change to a related uncommenced amendment to the 16 principal Act (by deleting a provision that will be redundant as a result of item [1]). 17 1.17 Road Transport (Safety and Traffic Management) Act 1999 18 No 20 19 [1] Section 18 Procedure to be followed for breath analysis 20 Omit "blood, and" from section 18 (3) (d). Insert instead "blood.". 21 [2] Section 18 (3) (e) 22 Omit the paragraph. 23 [3] Section 18 (4) 24 Omit the subsection. Insert instead: 25 (4) The medical practitioner must, as soon as reasonably practicable 26 after the sample of blood is taken, arrange for the sample to be 27 submitted to a laboratory prescribed by the regulations for 28 analysis by an analyst to determine the concentration of alcohol 29 in the blood. 30 [4] Sections 18 (5A), 18E (5A) and 24B (5A) 31 Insert after sections 18 (5), 18E (5) and 24B (5), respectively: 32 (5A) A police officer may make the arrangements referred to in 33 subsection (4). The making of such arrangements under this 34 subsection operates to discharge the duty provided for in 35 subsection (4) to make those arrangements. 36 Page 15

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments [5] Section 18D Providing an oral fluid sample for oral fluid analysis 1 following arrest 2 Insert after section 18D (4): 3 (4A) A police officer may carry out an oral fluid test on a portion of an 4 oral fluid sample provided under subsection (1) before dealing 5 with the remaining portion of the sample in accordance with 6 subsection (4). 7 (4B) If an oral fluid test is carried out under subsection (4A) on a 8 portion of an oral fluid sample, a reference in this Division and 9 sections 33A and 33B to the sample that is required under 10 subsection (4) to be submitted to a laboratory is taken to be a 11 reference to the remaining portion of the sample. 12 [6] Section 23 Analysis of samples of blood taken under this Division 13 Insert after section 23 (5): 14 (5A) The making of arrangements under subsection (5) for analysis of 15 a blood sample to determine the concentration of alcohol in the 16 blood operates to discharge the duty referred to in subsection (2) 17 to make those arrangements. 18 [7] Section 27 Procedure for taking samples following arrest 19 Insert after section 27 (2C): 20 (2D) A police officer may make the arrangements referred to in 21 subsection (2B). The making of such arrangements under this 22 subsection operates to discharge the duty referred to in subsection 23 (2B) to make those arrangements. 24 [8] Dictionary, clause 1 25 Omit "methylenedioxymethylamphetamine" from paragraph (c) of the 26 definition of prescribed illicit drug. 27 Insert instead "3,4�methylenedioxymethylamphetamine". 28 Explanatory note 29 Duty to arrange for blood samples to be submitted to prescribed laboratory 30 Items [2] and [3] of the proposed amendments to the Road Transport (Safety and 31 Traffic Management) Act 1999 (the Act) replace a requirement in the Act for a police 32 officer to arrange for certain blood samples taken under the Act to be submitted to a 33 prescribed laboratory for analysis, with a requirement for the medical practitioner who 34 took the sample to make those arrangements (in line with the duty imposed in 35 comparable provisions of the Act on health care workers who take blood samples). 36 Item [1] makes a consequential amendment. 37 However, items [4], [6] and [7] provide that the duty of a health care worker under the 38 Act to arrange for a blood or urine sample to be submitted to a prescribed laboratory 39 for analysis is discharged if a police officer makes those arrangements instead. 40 Page 16

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 Oral fluid testing 1 Under the Act, police officers may conduct random oral fluid drug testing of drivers for 2 specified illicit drugs, arrest a person who fails or refuses to undergo the test and 3 require the arrested person to provide an oral fluid sample for analysis by an analyst at 4 a prescribed laboratory. 5 Item [5] confirms the current practice of police of conducting a further oral fluid test on 6 a portion of the oral fluid sample. The further test is conducted at the roadside by 7 means of an approved oral fluid testing device that more accurately indicates the 8 presence of illicit drugs than the approved oral fluid testing device used in the initial 9 roadside test. The purpose of conducting the further oral fluid test is to determine 10 whether to proceed to take action (under the Law Enforcement (Powers and 11 Responsibilities) Act 2002) to prohibit the person from driving a motor vehicle for a 12 period of 24 hours. 13 Item [5] also inserts an interpretative provision as a consequence of the above 14 proposed amendment. 15 Definition 16 Item [8] corrects a reference in a definition in the Act to the chemical name for the drug 17 commonly known as "ecstasy". 18 1.18 Strata Schemes Management Act 1996 No 138 19 Section 183 Order for reallocation of unit entitlements 20 Insert after section 183 (8): 21 (9) Lodgment of order 22 The owners corporation must ensure that a copy of an order made 23 by the Tribunal under this section is lodged in the 24 Registrar-General's office no more than 2 years after the order is 25 made. 26 Note. Section 209 contains provisions with respect to the lodgment of an 27 order made under this section. 28 (10) Nothing in this section prevents a person referred to in 29 subsection (8) from lodging a copy of an order made under this 30 section. 31 Explanatory note 32 The proposed amendment to the Strata Schemes Management Act 1996 requires the 33 owners corporation to ensure that a copy of an order for the reallocation of unit 34 entitlements in respect of a strata scheme is lodged in the Registrar-General's office no 35 more than 2 years after the order is made. 36 A strata lot owner, the owners corporation, the lessor of a leasehold strata scheme or 37 the local council may apply to the Consumer, Trader and Tenancy Tribunal for an order 38 to reallocate unit entitlements in a strata scheme. Currently, there is no requirement for 39 such an order to be lodged with the Registrar-General once it is made by the Tribunal. 40 The proposed amendment requires the owners corporation to ensure that a copy of the 41 order is lodged so that the Registrar-General can amend the schedule of unit 42 entitlements in the folio of the Register within a reasonable time frame after the making 43 of the order. 44 Page 17

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 1 Minor amendments 1.19 Travel Agents Act 1986 No 5 1 Section 33 Certain particulars to be displayed 2 Omit "in the prescribed form that contains the prescribed particulars and". 3 Insert instead "in the form approved by the Director-General that". 4 Explanatory note 5 The proposed amendment to the Travel Agents Act 1986 (the Act) replaces a 6 requirement for licensed travel agents to display at their business premises a notice in 7 the form, and containing the particulars, prescribed by the regulations with a 8 requirement that they display at those premises a notice in the form approved by the 9 Director-General of the Department administering the Act. 10 1.20 Water Management Act 2000 No 92 11 [1] Section 71M Transfer of access licences 12 Omit "major water utility" from section 71M (3). 13 Insert instead "major utility". 14 [2] Section 323 Definitions 15 Insert after section 323 (2) (b): 16 (b1) a reference to an approval or an access licence includes a 17 reference to an entitlement (within the meaning of clause 2 18 of Schedule 10) that confers a corresponding authority, 19 and 20 [3] Sections 329 (4) (a) and 331 (a) (i) 21 Omit "to which this Part applies" wherever occurring. 22 [4] Section 367 Evidentiary certificates 23 Insert after section 367 (5): 24 (6) In this section: 25 (a) a reference to a water management work includes a 26 reference to a corresponding kind of work to which Part 2, 27 5 or 8 of the Water Act 1912 extends, and 28 (b) a reference to an approval or access licence includes a 29 reference to an entitlement (within the meaning of clause 2 30 of Schedule 10) that confers a corresponding authority. 31 Page 18

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Minor amendments Schedule 1 [5] Dictionary 1 Insert "by a person," after "owned" in the definition of landholding. 2 Explanatory note 3 Item [1] of the proposed amendments to the Water Management Act 2000 (the Act) 4 corrects a reference to a term that is defined in the Act. 5 Item [2] extends the meaning of approval and access licence for the purposes of a 6 Part of the Act that enables the Minister to give directions to landholders and other 7 persons for the purpose of enforcing compliance with the requirements of the Act. The 8 meanings of those terms are extended to include corresponding entitlements that are 9 generally held under the Water Act 1912 (which is to be repealed by the Act). 10 Item [4] makes a consequential amendment, extending the meaning of those terms in 11 the same way for the purposes of a provision of the Act that allows the Minister to issue 12 evidentiary certificates with respect to various matters concerning access licences and 13 approvals. For consistency, the extended meaning currently given to water 14 management work for the purposes of the Part of the Act referred to above is also 15 applied for the purposes of the provision. 16 Item [3] omits superfluous qualifying words in sections 329 and 331 of the Act. Those 17 sections currently refer to the taking of water from a water source to which Part 1 of 18 Chapter 7 of the Act applies. However, as the Act neither provides that the Part applies 19 to any particular water source nor enables the Part to be applied to any particular water 20 source, the qualifying words have nothing to which to relate. 21 A landholding is defined in the Act to be a holding that is owned or occupied by a 22 person (either alone or together with some other person with whom he or she has an 23 association of a kind prescribed by the regulations). Item [5] clarifies that the qualifying 24 words (in parentheses) relate only to an occupier of a holding. An owner of land is 25 already defined in the Act to include joint or several owners. 26 Page 19

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision Schedule 2 Amendments by way of statute law 1 revision 2 2.1 Baulkham Hills Local Environmental Plan 2005 3 Schedule 1, Part 2 4 Omit "Arberdour" from the matter relating to Rouse Hill Cemetery. 5 Insert instead "Aberdour". 6 Explanatory note 7 The proposed amendment corrects a typographical error. 8 2.2 Civil Procedure Act 2005 No 28 9 Section 34 (b) 10 Omit "having being". Insert instead "having been". 11 Explanatory note 12 The proposed amendment corrects a typographical error. 13 2.3 Confiscation of Proceeds of Crime Act 1989 No 90 14 Section 7, definition of "serious offence" 15 Omit "Poisons Act 1966" from paragraph (b). 16 Insert instead "Poisons and Therapeutic Goods Act 1966". 17 Explanatory note 18 The proposed amendment updates a reference to a renamed Act. 19 2.4 Consumer, Trader and Tenancy Tribunal Act 2001 No 82 20 [1] Section 53 (3) 21 Omit "with regulations". Insert instead "with the regulations". 22 [2] Section 64 (b) 23 Omit "having being". Insert instead "having been". 24 Explanatory note 25 Item [1] of the proposed amendments inserts a missing word. 26 Item [2] of the proposed amendments corrects a typographical error. 27 Page 20

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 2.5 Consumer, Trader and Tenancy Tribunal Regulation 2009 1 Clause 3 (2) 2 Insert "(except in Schedule 1)" after "in this Regulation". 3 Explanatory note 4 The proposed amendment clarifies the status of notes. 5 2.6 Contaminated Land Management Act 1997 No 140 6 Section 40 (7) 7 Insert after section 40 (6): 8 (7) The provisions of this section have effect despite anything 9 contained in section 42 of the Real Property Act 1900. 10 Explanatory note 11 The proposed amendment remakes a provision that was inserted by the Real Property 12 and Conveyancing Legislation Amendment Act 2009 and was later inadvertently 13 omitted. 14 2.7 Crimes Act 1900 No 40 15 Section 428A, definition of "drug" 16 Omit "Poisons Act 1966". 17 Insert instead "Poisons and Therapeutic Goods Act 1966". 18 Explanatory note 19 The proposed amendment updates a reference to a renamed Act. 20 2.8 Drug Misuse and Trafficking Act 1985 No 226 21 Sections 3 (1), definition of "Poisons List", 8, 10 (2) (a), 11 (2) (c), 22 13 (2) (a), 24 (4) (a), 25 (4) (a) and 42 23 Omit "Poisons Act 1966" wherever occurring. 24 Insert instead "Poisons and Therapeutic Goods Act 1966". 25 Explanatory note 26 The proposed amendment updates references to a renamed Act. 27 2.9 Eastern Gas Pipeline (Special Provisions) Act 1996 No 126 28 Section 5 (2) and (4) 29 Omit the subsections. 30 Explanatory note 31 The proposed amendment omits redundant provisions. 32 Page 21

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision 2.10 Electricity Supply Act 1995 No 94 1 Section 97BE (2) 2 Omit "and greenhouse". Insert instead "and a greenhouse". 3 Explanatory note 4 The proposed amendment inserts a missing word. 5 2.11 Environmental Planning and Assessment Act 1979 No 203 6 [1] Sections 5B (1), 5C (2) (c), 5D, note, 26 (1B) (a) and (b), 76A (6) (c) (ii), 79B 7 (3), (4) (a), (5) and (6), 110C, 112B (2), 112C�112E and 115N (5) 8 Omit "Director-General of National Parks and Wildlife" wherever occurring. 9 Insert instead "Director-General of the Department of Environment, Climate 10 Change and Water". 11 [2] Section 5C (2) (c) 12 Omit "Director of NSW Fisheries". 13 Insert instead "Director-General of the Department of Industry and 14 Investment". 15 [3] Section 33B (4) 16 Omit from "The Minister may" to "repeal of an instrument". 17 Insert instead "The Minister may, under Division 4, make a local 18 environmental plan to take effect on the repeal of an instrument". 19 [4] Section 34A (2), (5) and (7) 20 Omit "and Climate Change" wherever occurring. 21 Insert instead ", Climate Change and Water". 22 [5] Section 34A (7) 23 Omit "Primary Industries". Insert instead "Industry and Investment". 24 [6] Sections 75H (5) (b) and 75JA (3) 25 Omit "and Conservation" wherever occurring. 26 Insert instead ", Climate Change and Water". 27 [7] Section 75S (3) 28 Omit "project, but section 109S does not apply.". Insert instead "project.". 29 Page 22

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 [8] Section 117A (1) and (2) 1 Omit "Infrastructure, Planning and Natural Resources" wherever occurring. 2 Insert instead "Planning". 3 [9] Section 117A (1) and (2) 4 Omit "Department of Local Government" wherever occurring. 5 Insert instead "Department of Premier and Cabinet". 6 Explanatory note 7 Items [1], [2], [4]�[6], [8] and [9] of the proposed amendments update references to 8 Departments. 9 Item [3] of the proposed amendments confirms the effect of two separate amendments 10 to the same section which were commenced in a different order to that originally 11 anticipated. 12 Item [7] of the proposed amendments omits a reference to a repealed provision. 13 2.12 Environmental Planning and Assessment Amendment Act 14 2008 No 36 15 Schedule 3.1 [5] 16 Omit the item. 17 Explanatory note 18 The proposed amendment omits a redundant provision. 19 2.13 Environmental Planning and Assessment Regulation 2000 20 [1] Clause 3 (1), definition of "Department" 21 Omit the definition. 22 [2] Clauses 8J (8) (a), 8N (3), 245M (1), 277 (a) and 288 (3), definition of 23 "Sydney Opera House" 24 Omit "Projects" wherever occurring. Insert instead "Development". 25 [3] Schedule 3, clause 38, definition of "saline soil" 26 Omit "(Ds/m)". Insert instead "(dS/m)". 27 [4] Schedule 4, clause 4 28 Omit "Public Works". 29 Insert instead "Services, Technology and Administration". 30 [5] Schedule 4, clause 17 (2) 31 Omit "37 (1)". Insert instead "38 (1)". 32 Page 23

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision Explanatory note 1 Item [1] of the proposed amendments omits a redundant definition. 2 Item [2] of the proposed amendments updates references to a renamed instrument. 3 Item [3] of the proposed amendments corrects a typographical error. 4 Item [4] of the proposed amendments updates a reference to a Department. 5 Item [5] of the proposed amendments corrects a cross-reference. 6 2.14 Fisheries Management (Estuary General Share Management 7 Plan) Regulation 2006 8 Appendix, Schedule 1 9 Insert "(Zoning Plans)" after "Marine Parks" in Column 1 in the matter 10 relating to Port Stephens�Set Mesh Nets. 11 Explanatory note 12 The proposed amendment updates a reference to a renamed instrument. 13 2.15 Lake Macquarie Local Environmental Plan 2004 14 Schedule 8, item 6 15 Renumber paragraph "(j)" where secondly occurring in Column 2 as 16 paragraph "(l)". 17 Explanatory note 18 The proposed amendment corrects numbering. 19 2.16 Law Enforcement (Powers and Responsibilities) Regulation 20 2005 21 [1] Clause 3 (3) 22 Insert "(except in Schedule 1)" after "in this Regulation". 23 [2] Schedule 1, Form 20A, item 8 24 Omit "Responsibilities Act 2002)". Insert instead "Responsibilities) Act 2002". 25 [3] Schedule 1, Form 21 26 Omit "Authorised officer". Insert instead "Eligible issuing officer". 27 Explanatory note 28 Item [1] of the proposed amendments clarifies the status of notes. 29 Item [2] of the proposed amendments corrects a typographical error. 30 Item [3] of the proposed amendments updates a reference to an officer. 31 Page 24

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 2.17 Lismore Local Environmental Plan 2000 1 Schedule 6, Part 3 2 Omit "113776" from Column 3 of the matter relating to 50 Oliver Avenue, 3 Goonellabah. 4 Insert instead "1137726". 5 Explanatory note 6 The proposed amendment corrects a typographical error. 7 2.18 Local Government (General) Regulation 2005 8 Schedule 1, clause 16 (4) 9 Omit "residence of place". Insert instead "residence or place". 10 Explanatory note 11 The proposed amendment corrects a typographical error. 12 2.19 Maitland Local Environmental Plan 1993 13 Schedule 2, Column 1 14 Omit "Hiland Cresent" from under the heading "East Maitland". 15 Insert instead "Hiland Crescent". 16 Explanatory note 17 The proposed amendment corrects a typographical error. 18 2.20 Marine Parks (Zoning Plans) Regulation 1999 19 [1] Clause 2.31 (2) 20 Omit the subclause. 21 [2] Clause 3.2 22 Omit "From point 14A,100" from the matter relating to Bowen Island. 23 Insert instead "From point 14A, 100". 24 [3] Clause 3.11 (1) 25 Omit "Huskinson". Insert instead "Huskisson". 26 [4] Clause 5.4 (3) 27 Omit "issued under Part 3A of this Regulation to authorise". 28 Insert instead "authorising". 29 Page 25

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision [5] Clauses 6.7 (1) and 7.5 (1) 1 Omit "clause 6" wherever occurring. Insert instead "clause 1.7". 2 Explanatory note 3 Item [1] of the proposed amendments omits a redundant provision. 4 Items [2] and [3] of the proposed amendments correct typographical errors. 5 Item [4] of the proposed amendments omits a redundant cross-reference. 6 Item [5] of the proposed amendments updates cross-references. 7 2.21 Mining Amendment Act 2008 No 19 8 Schedule 1 [213], proposed section 246W (1) (a) 9 Insert "by the regulations" after "prescribed". 10 Explanatory note 11 The proposed amendment inserts missing words. 12 2.22 Motor Accidents (Determination of Non-Economic Loss) 13 Order 2009 14 Clause 3 (2) 15 Omit "sublclause". Insert instead "subclause". 16 Explanatory note 17 The proposed amendment corrects a typographical error. 18 2.23 Motor Dealers Act 1974 No 52 19 Section 4 (9) 20 Insert after section 4 (8): 21 (9) Notes included in this Act do not form part of this Act. 22 Explanatory note 23 The proposed amendment clarifies the status of notes. 24 2.24 Motor Sports (World Rally Championship) Act 2009 No 55 25 Section 17 (1) 26 Omit "This section applies to the extent that the regulations otherwise 27 provide". 28 Insert instead "This section applies except to the extent that the regulations 29 otherwise provide". 30 Explanatory note 31 The proposed amendment inserts a missing word. 32 Page 26

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 2.25 Occupational Health and Safety Regulation 2001 1 Clause 220B (2) (b) 2 Omit "certificate". Insert instead "card". 3 Explanatory note 4 The proposed amendment updates terminology. 5 2.26 Pesticides Act 1999 No 80 6 Section 39 (2) (k) 7 Insert "not" after "may or may". 8 Explanatory note 9 The proposed amendment inserts a missing word. 10 2.27 Police Integrity Commission Act 1996 No 28 11 [1] Section 18A (1) 12 Omit "64 (5)". Insert instead "71 (3)". 13 [2] Section 143 (2) (a) 14 Omit "Public Sector Management Act 1988". 15 Insert instead "Public Sector Employment and Management Act 2002". 16 Explanatory note 17 Item [1] of the proposed amendments corrects a cross-reference. 18 Item [2] of the proposed amendments updates a reference to an Act. 19 2.28 Protection of the Environment Operations (General) 20 Regulation 2009 21 [1] Schedule 6 22 Omit "confectionary" from Column 1 of the matter relating to section 145 of 23 the Protection of the Environment Operations Act 1997. 24 Insert instead "confectionery". 25 [2] Schedule 8, clause 7 26 Insert "the" after "Protection of". 27 Explanatory note 28 Items [1] and [2] of the proposed amendments correct typographical errors. 29 Page 27

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision 2.29 Public Finance and Audit Act 1983 No 152 1 Schedule 3, Column 2 2 Omit "General Manager of the Office" from the matter relating to Office of the 3 Board of Studies. 4 Insert instead "Chief Executive of the Office". 5 Explanatory note 6 The proposed amendment updates a reference to an office. 7 2.30 Public Health (Tobacco) Regulation 2009 8 Clause 3 (4) 9 Insert at the end of clause 3: 10 (4) Notes included in this Regulation do not form part of this 11 Regulation. 12 Explanatory note 13 The proposed amendment clarifies the status of notes. 14 2.31 Public Lotteries Regulation 2007 15 Clause 12 (4) (a) 16 Omit "Minister". Insert instead "Authority". 17 Explanatory note 18 The proposed amendment corrects a cross-reference. 19 2.32 Real Property Act 1900 No 25 20 Section 45B (1) 21 Omit the definition of ordinary folio of the Register. 22 Explanatory note 23 The proposed amendment omits a redundant definition. 24 2.33 Rice Marketing Regulation 2005 25 Schedule 2 26 Omit "Marketing of Primary Products Regulation 2005" and "Marketing of 27 Primary Products Regulation 2005" wherever occurring. 28 Insert instead "Rice Marketing Regulation 2005" and "Rice Marketing 29 Regulation 2005", respectively. 30 Explanatory note 31 The proposed amendment updates references to a renamed instrument. 32 Page 28

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 2.34 Road Transport (Safety and Traffic Management) Regulation 1 1999 2 Schedule 3 3 Omit "Mt Druit" wherever occurring in Column 2 of the matter relating to the 4 Western Sydney Area Health Service. 5 Insert instead "Mt Druitt". 6 Explanatory note 7 The proposed amendment corrects typographical errors. 8 2.35 South Sydney Local Environmental Plan 1998 9 Schedule 2, item 91 10 Omit "Capel" from the Column headed `Description'. 11 Insert instead "Chapel". 12 Explanatory note 13 The proposed amendment corrects a typographical error. 14 2.36 Sporting Venues Authorities Act 2008 No 65 15 [1] Section 22, definition of "relevant authority" 16 Omit "table". Insert instead "Schedule". 17 [2] Section 22, definition of "transfer date" 18 Omit "property" from paragraph (a). Insert instead "land". 19 Explanatory note 20 Item [1] of the proposed amendments corrects a cross-reference. 21 Item [2] of the proposed amendments corrects a typographical error. 22 2.37 Sporting Venues (Invasions) Regulation 2006 23 Clause 3 24 Omit "Energy Australia". Insert instead "EnergyAustralia". 25 Explanatory note 26 The proposed amendment corrects a typographical error. 27 Page 29

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision 2.38 Standard Instrument (Local Environmental Plans) 1 Amendment (Entertainment Venues) Order 2009 2 Schedule 1 [2] and [3] 3 Omit "Department of Services, Technology and Administration" wherever 4 occurring. 5 Insert instead "Land and Property Management Authority". 6 Explanatory note 7 The proposed amendment updates references to a Department. 8 2.39 State Environmental Planning Policy (Affordable Rental 9 Housing) 2009 10 [1] Clause 4 (3) 11 Insert "and examples" after "Notes". 12 [2] Clause 9 (2) (d) 13 Omit "trust". Insert instead "Trust". 14 Explanatory note 15 Item [1] of the proposed amendments clarifies the status of examples in the Policy. 16 Item [2] of the proposed amendments corrects a typographical error. 17 2.40 State Environmental Planning Policy (Exempt and 18 Complying Development Codes) Amendment (Commercial 19 and Industrial) 2009 20 Schedule 1 [86] 21 Omit "up to 3.8m". Insert instead "more than 3.8m". 22 Explanatory note 23 The proposed amendment corrects an incorporation direction. 24 2.41 State Environmental Planning Policy No 59--Central 25 Western Sydney Regional Open Space and Residential 26 Part 3, Division 2, heading 27 Omit "sec 94B". Insert instead "sec 94EA". 28 Explanatory note 29 The proposed amendment corrects a cross-reference. 30 Page 30

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 2.42 Sydney Regional Environmental Plan No 24--Homebush 1 Bay Area 2 Clause 6 (3) 3 Insert at the end of clause 6: 4 (3) Notes included in this plan do not form part of this plan. 5 Explanatory note 6 The proposed amendment clarifies the status of notes. 7 2.43 Telecommunications (Interception and Access) (New South 8 Wales) Act 1987 No 290 9 Section 3 (1), definitions of "record" and "restricted record" 10 Omit "section 11 or 11A of the Commonwealth Act or Part IV of that Act" 11 wherever occurring in paragraph (c) of the definition of record and 12 paragraph (b) of the definition of restricted record. 13 Insert instead "section 11A of the Commonwealth Act". 14 Explanatory note 15 The proposed amendment omits references to repealed provisions. 16 2.44 Threatened Species Conservation Act 1995 No 101 17 Schedule 1, Part 2 18 Omit "Petameles" from the matter relating to "Peramelidae" under the 19 heading "Mammals". 20 Insert instead "Perameles". 21 Explanatory note 22 The proposed amendment corrects a typographical error. 23 2.45 Water Sharing Plan for the Central Coast Unregulated Water 24 Sources 2009 25 [1] Clauses 15 (3) (c) and (d) and 35 (2) (a) (iii) and (iv) 26 Omit "Water Sharing Plan for" wherever occurring. 27 Insert instead "Water Sharing Plan for the". 28 [2] Clause 17 (4), note 29 Omit "with the levels". Insert instead "within the levels". 30 Page 31

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision [3] Clause 21 1 Omit "section and 20". Insert instead "section 20". 2 [4] Clause 35 (3) and (4) 3 Omit "2003" wherever occurring in the second note to subclause (3) and the 4 first note to subclause (4). 5 Insert instead "2009". 6 [5] Clauses 40 (2), 41 and 42 7 Omit "and should, be" wherever occurring. Insert instead "should be". 8 [6] Clause 47 (11) 9 Omit "may this Plan to amend clause 47". 10 Insert instead "may amend this Plan". 11 [7] Clause 60 (2) 12 Omit "to of from". Insert instead "to or from". 13 [8] Clause 63 (3) 14 Renumber paragraph (e) as paragraph (d). 15 [9] Clause 75 (1) (d) 16 Omit "clauses 72". Insert instead "clause 72". 17 Explanatory note 18 Items [1] and [4] of the proposed amendments correct cross-references. 19 Items [2], [3], [5]�[7] and [9] of the proposed amendments correct typographical errors. 20 Item [8] of the proposed amendments corrects numbering. 21 2.46 Water Sharing Plan for the Coffs Harbour Area Unregulated 22 and Alluvial Water Sources 2009 23 [1] Clause 33 (2) 24 Insert "Note." before "Section 61 (b)". 25 [2] Clause 56, note 26 Omit "subclauses (4) and (5)". Insert instead "subclauses (2) and (3)". 27 [3] Clause 78 (d) 28 Omit "subclause". Insert instead "paragraph". 29 Page 32

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 Explanatory note 1 Item [1] of the proposed amendments clarifies the status of a note. 2 Items [2] and [3] of the proposed amendments correct cross-references. 3 2.47 Water Sharing Plan for the Hunter Unregulated and Alluvial 4 Water Sources 2009 5 [1] Clause 4 (4) (f) 6 Omit "2004". Insert instead "2003". 7 [2] Clause 4 (4) (g) 8 Omit "2008". Insert instead "2007". 9 [3] Clause 17 (1) (v), note 10 Omit "95thth". Insert instead "95th". 11 [4] Clause 39 (4) 12 Omit "amened". Insert instead "amended". 13 [5] Clause 45 14 Renumber subclause (3), where secondly occurring, as subclause (4). 15 [6] Clause 70 (2) (h) (ii), note 16 Omit "2002". Insert instead "2004". 17 [7] Schedule 1, definition of "stream order" 18 Omit "Gazette no 37" from the second note. 19 Insert instead "Gazette No 37". 20 Explanatory note 21 Items [1], [2] and [6] of the proposed amendments correct cross-references. 22 Items [3], [4] and [7] of the proposed amendments correct typographical errors. 23 Item [5] of the proposed amendments corrects numbering. 24 2.48 Water Sharing Plan for the Lower North Coast Unregulated 25 and Alluvial Water Sources 2009 26 [1] Clause 16 (2) 27 Omit "subclause 17 (2) of this Plan". Insert instead "clause 17 (2)". 28 [2] Clause 16 (3) 29 Omit "subclause 17 (2) (h) of this Plan". Insert instead "clause 17 (2) (h)". 30 Page 33

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 2 Amendments by way of statute law revision [3] Clause 19 (5) 1 Omit "subclause 19 (3)". Insert instead "subclause (3)". 2 [4] Clause 28 3 Renumber paragraph (d), where secondly occurring, as paragraph (f). 4 [5] Clause 34 (2) (b) 5 Insert "Note." before "Section 61 (b)". 6 [6] Clauses 40 (1) (b), 84 (1) (c) and (d), 87 (3) (b) and 88 (4) (b) 7 Omit "subclause (a)" wherever occurring. Insert instead "paragraph (a)". 8 [7] Clause 71 (3) 9 Omit "subclauses 2 (a), 2 (b) and 2 (c)". 10 Insert instead "subclause (2) (a), (b) and (c)". 11 [8] Clause 71 (4) 12 Omit "subclauses 2 (a) and 2 (b)". Insert instead "subclause (2) (a) and (b)". 13 [9] Clause 71 (5) and (6) 14 Omit "subclause 2 (c)" wherever occurring. Insert instead "subclause (2) (c)". 15 [10] Clause 82 (d) 16 Omit "subclause (c)". Insert instead "paragraph (c)". 17 [11] Clause 87 (3) (b) 18 Renumber subparagraphs (iii)�(vii) as subparagraphs (ii)�(vi), respectively. 19 [12] Clause 87 (3) (b) (ii) (as renumbered by item [11]) 20 Omit "clause 10 (a) and 9 (b)". Insert instead "clause 10 (a) and (b)". 21 Explanatory note 22 Items [1]�[3], [6]�[10] and [12] of the proposed amendments correct cross-references. 23 Items [4] and [11] of the proposed amendments correct numbering. 24 Item [5] of the proposed amendments clarifies the status of a note. 25 2.49 Wingecarribee Local Environmental Plan 1989 26 Clause 9, Table 27 Omit "Item 4" from Item 3 of the matter relating to Zone No 4 (a). 28 Insert instead "this Item". 29 Page 34

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments by way of statute law revision Schedule 2 Explanatory note 1 The proposed amendment corrects a cross-reference. 2 2.50 Woollahra Local Environmental Plan 1995 3 Schedule 3 4 Omit "Amercian" from the matter relating to Loftus Rd, Darling Point, within 5 road reserve. 6 Insert instead "American". 7 Explanatory note 8 The proposed amendment corrects a typographical error. 9 Page 35

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 3 On-line publication of making of statutory instruments Schedule 3 On-line publication of making of 1 statutory instruments 2 Explanatory note This Schedule contains amendments to legislation to extend the 3 requirement for publication on the NSW legislation website to additional categories of statutory 4 instruments (as part of a staged program for the publication on the website of statutory 5 instruments of a legislative nature). Apart from the publication of instruments, the website also 6 provides public access to up-to-date in force versions of Acts, regulations and other statutory 7 instruments. 8 Schedule 3.5, 3.19, 3.22, 3.23, 3.31 and 3.38 also remove redundant provisions relating to the 9 making of regulations (already provided for in Part 6 of the Interpretation Act 1987) and 10 Schedule 3.21 clarifies that certain orders are required to be published in the Gazette. 11 3.1 Anti-Discrimination Act 1977 No 48 12 Section 49ZYI (3) 13 Insert "published on the NSW legislation website" after "proclamation". 14 3.2 Architects Act 2003 No 89 15 Schedule 3, clause 3 (3) 16 Insert "published on the NSW legislation website" after "proclamation". 17 3.3 Australian Jockey Club Act 2008 No 52 18 Section 12 (3), note 19 Omit "in the Gazette". Insert instead "on the NSW legislation website". 20 3.4 Business Names Act 2002 No 97 21 Schedule 2, clause 3 (3) 22 Insert "published on the NSW legislation website" after "proclamation". 23 3.5 Charcoal (Producer Gas) Act 1941 No 60 24 Section 3 (4) 25 Omit the subsection. 26 3.6 Choice of Law (Limitation Periods) Act 1993 No 94 27 Section 7 (1) 28 Insert "published on the NSW legislation website" after "proclamation" where 29 firstly occurring. 30 Page 36

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 On-line publication of making of statutory instruments Schedule 3 3.7 City Tattersall's Club Act of 1912 1 Section 13 (1) 2 Insert "published on the NSW legislation website" after "proclamation". 3 3.8 Commercial Agents and Private Inquiry Agents Act 2004 4 No 70 5 Schedule 4, clause 3 (3) 6 Insert "published on the NSW legislation website" after "proclamation". 7 3.9 Commonwealth Powers (De Facto Relationships) Act 8 2003 No 49 9 Section 5 (1) and (3) 10 Omit "in the Gazette" wherever occurring. 11 Insert instead "on the NSW legislation website". 12 3.10 Commonwealth Powers (Family Law--Children) Act 1986 13 No 182 14 Section 4 15 Omit "in the Gazette". Insert instead "on the NSW legislation website". 16 3.11 Commonwealth Powers (State Banking) Act 1992 No 104 17 Section 7 18 Insert "published on the NSW legislation website" after "proclamation". 19 3.12 Consumer Credit (New South Wales) Act 1995 No 7 20 Section 10B (6) 21 Insert "published on the NSW legislation website" after "proclamation". 22 3.13 Corporations (Commonwealth Powers) Act 2001 No 1 23 Sections 6 (1) and 7 (1) and (3) 24 Omit "in the Gazette" wherever occurring. 25 Insert instead "on the NSW legislation website". 26 Page 37

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 3 On-line publication of making of statutory instruments 3.14 Environmental Planning and Assessment Amendment Act 1 2008 No 36 2 [1] Schedule 3.1 [7], proposed clause 20 (1) and (4) 3 Omit "in the Gazette" wherever occurring. 4 Insert instead "on the NSW legislation website". 5 [2] Schedule 3.2 [1], proposed section 26 (1) and (3) 6 Omit "in the Gazette" wherever occurring. 7 Insert instead "on the NSW legislation website". 8 3.15 Explosives Act 2003 No 39 9 Schedule 1, clause 6 (3) 10 Insert "published on the NSW legislation website" after "proclamation". 11 3.16 Financial Agreement Ratification Act 1928 No 14 12 Section 5 13 Omit "in the Gazette". Insert instead "on the NSW legislation website". 14 3.17 HomeFund Commissioner Act 1993 No 9 15 Section 46 (1) 16 Insert "published on the NSW legislation website" after "proclamation". 17 3.18 Industrial Arbitration (Special Provisions) Act 1984 No 121 18 Section 4 19 Omit "in the Gazette". Insert instead "on the NSW legislation website". 20 3.19 Interest Reduction Act 1931 No 44 21 Section 14 (2) and (3) 22 Omit the subsections. 23 Page 38

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 On-line publication of making of statutory instruments Schedule 3 3.20 Jurisdiction of Courts (Cross-vesting) Act 1987 No 125 1 Section 16 (1) and (3)�(6) 2 Omit "in the Gazette" wherever occurring. 3 Insert instead "on the NSW legislation website". 4 3.21 Marine Pollution Act 1987 No 299 5 Section 62 (1) 6 Omit the subsection. Insert instead: 7 (1) An order made in pursuance of the regulations must be published 8 in the Gazette. 9 (1A) Sections 30, 40 and 41 of the Interpretation Act 1987 apply to an 10 order made in pursuance of the regulations in the same way as 11 they apply to a statutory rule. 12 3.22 Moratorium Act 1932 No 57 13 Section 47 (3) 14 Omit the subsection. 15 3.23 Moree and District War Memorial Educational Centre Act 16 1962 No 15 17 Section 10 (2) 18 Omit the subsection. 19 3.24 Motor Accidents Act 1988 No 102 20 Section 80 (1) 21 Omit "in the Gazette". Insert instead "on the NSW legislation website". 22 3.25 Motor Accidents Compensation Act 1999 No 41 23 Section 146 (1) 24 Omit "in the Gazette". Insert instead "on the NSW legislation website". 25 Page 39

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 3 On-line publication of making of statutory instruments 3.26 Mutual Recognition (New South Wales) Act 1992 No 61 1 Section 4 (4) 2 Insert "published on the NSW legislation website" after "proclamation". 3 3.27 National Rail Corporation (Agreement) Act 1991 No 82 4 Section 6 (2) 5 Insert "published on the NSW legislation website" after "proclamation". 6 3.28 Personal Property Securities (Commonwealth Powers) Act 7 2009 No 35 8 Section 7 (1) and (3) 9 Omit "in the Gazette" wherever occurring. 10 Insert instead "on the NSW legislation website". 11 3.29 Pharmacy Practice Act 2006 No 59 12 Schedule 8, clause 11 (3) 13 Insert "published on the NSW legislation website" after "proclamation". 14 3.30 Roads Act 1993 No 33 15 Schedule 2, clauses 5 (2) and 6 (4) 16 Insert "published on the NSW legislation website" after "proclamation" 17 wherever occurring. 18 3.31 Sir Joseph Banks Memorial Act 1945 No 30 19 Section 6 (2) 20 Omit the subsection. 21 3.32 Snowy Hydro Corporatisation Act 1997 No 99 22 Section 7 (2) 23 Insert "published on the NSW legislation website" after "proclamation". 24 Page 40

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 On-line publication of making of statutory instruments Schedule 3 3.33 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 1 No 114 2 Schedule 5, clause 4 (1) and (3) (a) 3 Omit "in the Gazette" wherever occurring. 4 Insert instead "on the NSW legislation website". 5 3.34 Subordinate Legislation (Repeal) Act 1985 No 232 6 Section 4 (1) and (3) (a) 7 Omit "in the Gazette" wherever occurring. 8 Insert instead "on the NSW legislation website". 9 3.35 Surveying Act 2002 No 83 10 Schedule 3, clause 3 (3) 11 Insert "published on the NSW legislation website" after "proclamation". 12 3.36 Teaching Service Act 1980 No 23 13 Section 100 (2) 14 Omit "in the Government Gazette under section 39 of the Interpretation Act 15 1987". 16 Insert instead "on the NSW legislation website". 17 3.37 Terrorism (Commonwealth Powers) Act 2002 No 114 18 Section 5 (1) and (3) 19 Omit "in the Gazette" wherever occurring. 20 Insert instead "on the NSW legislation website". 21 3.38 The Standard Insurance Company Limited and Certain Other 22 Insurance Companies Act 1963 No 18 23 Section 9 (2) and (3) 24 Omit the subsections. 25 Page 41

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 3 On-line publication of making of statutory instruments 3.39 Totalizator Agency Board Privatisation Act 1997 No 43 1 Section 20 (2) 2 Insert "published on the NSW legislation website" after "proclamation". 3 3.40 Trans-Tasman Mutual Recognition (New South Wales) Act 4 1996 No 102 5 Section 4 (3) 6 Insert "published on the NSW legislation website" after "proclamation". 7 3.41 University of New South Wales (St George Campus) Act 8 1999 No 45 9 Sections 6 (2) and 7 (7) 10 Insert "published on the NSW legislation website" after "proclamation" 11 wherever occurring. 12 3.42 Valuation of Land Act 1916 No 2 13 [1] Section 4 (1), definition of "Proclamation" 14 Omit the definition. 15 [2] Schedule 2, clause 7 (2) 16 Insert "published on the NSW legislation website" after "proclamation". 17 3.43 Veterinary Practice Act 2003 No 87 18 Schedule 4, clause 19 (4) 19 Insert "published on the NSW legislation website" after "proclamation". 20 3.44 Water (Commonwealth Powers) Act 2008 No 69 21 Section 5 (1) and (2) 22 Omit "in the Gazette" wherever occurring. 23 Insert instead "on the NSW legislation website". 24 3.45 Western Sydney Parklands Act 2006 No 92 25 Schedule 4, clause 3 (2) 26 Omit "in the Gazette". Insert instead "on the NSW legislation website". 27 Page 42

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments consequential on enactment of Local Court Act 2007 Schedule 4 Schedule 4 Amendments consequential on 1 enactment of Local Court Act 2007 2 Explanatory note 3 The proposed amendments are consequential on the enactment of the Local Court Act 4 2007. That Act repealed the Local Courts Act 1982 and replaced the Local Courts 5 throughout New South Wales with the Local Court (which sits at various places 6 throughout New South Wales). Accordingly, references in other Acts and instruments 7 to the 1982 Act are replaced with references to the 2007 Act and references to "a Local 8 Court" are replaced with references to "the Local Court". 9 4.1 Assisted Reproductive Technology Act 2007 No 69 10 Sections 54 (1) and 63 (1) (a) and (2) 11 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 12 4.2 Associations Incorporation Act 2009 No 7 13 Section 94 (1) 14 Omit "a Local Court". Insert instead "the Local Court". 15 4.3 Bail Regulation 2008 16 Clauses 3 (1), paragraph (e) of the definition of "registrar of a court", 17 4 (c) (i) and (d) (i), 8, 23 (1) (a) (ii) and (c) (ii) and 25 (1) 18 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 19 4.4 Banana Industry Regulation 2008 20 Clauses 10 (4) and 35 (4) 21 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 22 4.5 Barangaroo Delivery Authority Act 2009 No 2 23 Section 44 24 Omit "a Local Court". Insert instead "the Local Court". 25 4.6 Child Protection (Offenders Prohibition Orders) Regulation 26 2007 27 Clauses 4 (1) (a) and 6 (1) 28 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 29 Page 43

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 4 Amendments consequential on enactment of Local Court Act 2007 4.7 Civil Procedure Regulation 2005 1 [1] Schedule 1, Part 4, heading 2 Omit "Local Courts". Insert instead "Local Court". 3 [2] Schedule 1, Part 4 4 Omit "Part 7" and "Part 6" wherever occurring. 5 Insert instead "Part 3" and "Part 4", respectively. 6 [3] Schedule 1, Part 4 7 Omit "Local Courts Act 1982" wherever occurring. 8 Insert instead "Local Court Act 2007". 9 [4] Schedule 1, Part 4 10 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 11 4.8 Confiscation of Proceeds of Crime Act 1989 No 90 12 [1] Section 87 (3A), (6) and (7) 13 Omit "Local Courts Act 1982" wherever occurring. 14 Insert instead "Local Court Act 2007". 15 [2] Section 87 (6) and (7) 16 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 17 4.9 Crimes (Administration of Sentences) Regulation 2008 18 Clause 194 (2) (d) 19 Omit "a Local Court". Insert instead "the Local Court". 20 4.10 Crimes (Criminal Organisations Control) Act 2009 No 6 21 Section 36 (1) and (3) 22 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 23 4.11 Crimes (Domestic and Personal Violence) Act 2007 No 80 24 [1] Section 84 (1A) and (5A) 25 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 26 Page 44

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments consequential on enactment of Local Court Act 2007 Schedule 4 [2] Section 84 (1B) 1 Omit "A Local Court". Insert instead "The Local Court". 2 4.12 Criminal Case Conferencing Trial Act 2008 No 10 3 Sections 6 (2) (c), 9 (3) and (5) and 12 (4) 4 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 5 4.13 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 6 [1] Sections 47 (2) (a), (4), (5) (a) and (6) and 51 (4), definition of "the court" 7 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 8 [2] Section 56 (3) 9 Omit "A Local Court". Insert instead "The Local Court". 10 4.14 Dangerous Goods (Road and Rail Transport) Regulation 11 2009 12 Clause 236 (1) (b) 13 Omit "a Local Court". Insert instead "the Local Court". 14 4.15 District Court Act 1973 No 9 15 [1] Section 18L (1) 16 Omit "The registrar of a Local Court". 17 Insert instead "A registrar of the Local Court". 18 [2] Section 18L (2) 19 Omit "The deputy registrar of a Local Court". 20 Insert instead "A deputy registrar of the Local Court". 21 [3] Section 18L (3) 22 Omit "a Local Court". Insert instead "the Local Court". 23 4.16 Fines Act 1996 No 99 24 Section 49 (3B) 25 Omit "a Local Court". Insert instead "the Local Court". 26 Page 45

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 4 Amendments consequential on enactment of Local Court Act 2007 4.17 Government Information (Information Commissioner) Act 1 2009 No 53 2 Section 46 3 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 4 4.18 Government Information (Public Access) Act 2009 No 52 5 Section 128 (1) 6 Omit "a Local Court". Insert instead "the Local Court". 7 4.19 Homebush Motor Racing (Sydney 400) Act 2008 No 106 8 Section 42 (1) (a) and (2) 9 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 10 4.20 Mental Health (Forensic Provisions) Act 1990 No 10 11 Section 77B (1) 12 Omit "a Local Court". Insert instead "the Local Court". 13 4.21 Moratorium Act 1932 No 57 14 Section 31 (4) 15 Omit "a Local Court". Insert instead "the Local Court". 16 4.22 Motor Sports (World Rally Championship) Act 2009 No 55 17 Section 22 (1) (a) and (2) 18 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 19 4.23 NSW Trustee and Guardian Act 2009 No 49 20 [1] Section 20 (2) 21 Omit "Local Courts Act 1982". Insert instead "Local Court Act 2007". 22 [2] Section 105 (3) (e) 23 Omit "a Local Court". Insert instead "the Local Court". 24 Page 46

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments consequential on enactment of Local Court Act 2007 Schedule 4 4.24 Public Health (Tobacco) Act 2008 No 94 1 Sections 49 (1) and 54 2 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 3 4.25 Road Transport (Driver Licensing) Regulation 2008 4 Clause 57 (6) 5 Omit "a Local Court". Insert instead "the Local Court". 6 4.26 Road Transport (General) Regulation 2005 7 [1] Clauses 29A (1) and 29B (3) 8 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 9 [2] Clause 29B (1) 10 Omit "A Local Court". Insert instead "The Local Court". 11 4.27 Road Transport (Safety and Traffic Management) Regulation 12 1999 13 Clause 126P (2) (b1) 14 Omit "a Local Court". Insert instead "the Local Court". 15 4.28 Sporting Venues Authorities Act 2008 No 65 16 Section 39 17 Omit "a Local Court". Insert instead "the Local Court". 18 4.29 Surveillance Devices Act 2007 No 64 19 Section 5 (5) 20 Omit "a Local Court". Insert instead "the Local Court". 21 4.30 Water Act 1912 No 44 22 Section 4G (3) 23 Omit "a Local Court". Insert instead "the Local Court". 24 Page 47

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 4 Amendments consequential on enactment of Local Court Act 2007 4.31 Water Management Act 2000 No 92 1 [1] Sections 353C (2) and 353G (2) 2 Omit "A Local Court" wherever occurring. Insert instead "The Local Court". 3 [2] Sections 353C (2), 353F (3), definition of "the court" and 364 (1) (a) 4 and (6) 5 Omit "a Local Court" wherever occurring. Insert instead "the Local Court". 6 Page 48

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments updating references to liquor, registered clubs and casino Schedule 5 legislation Schedule 5 Amendments updating references to 1 liquor, registered clubs and casino 2 legislation 3 Explanatory note 4 The proposed amendments update certain references to liquor, registered clubs and 5 casino legislation consequent on the enactment of the Liquor Act 2007 and the Casino, 6 Liquor and Gaming Control Authority Act 2007, including as follows: 7 (a) by updating references to the repealed Liquor Act 1982, 8 (b) by replacing references to registration under the Registered Clubs Act 1976 9 with references to the holding of a club licence under the Liquor Act 2007, 10 (c) by updating references to the types of licences that may be held under the 11 Liquor Act 2007, 12 (d) by updating references to provisions of the Registered Clubs Act 1976, the 13 Liquor Act 1982, and the Casino Control Act 1992 about matters now dealt with 14 in the Casino, Liquor and Gaming Control Authority Act 2007. 15 5.1 Australian Jockey Club Act 2008 No 52 16 [1] Section 15 (1), definition of "AJC's regulatory authorisations" 17 Omit "Liquor Act 1982 or the" from paragraph (a) of the definition. 18 [2] Section 15 (1), definition of "AJC's regulatory authorisations" 19 Omit paragraph (d) of the definition. 20 5.2 Combat Sports Act 2008 No 116 21 Section 53 (3), definition of "public entertainment" 22 Omit "or registered under the Registered Clubs Act 1976" from paragraph (b) 23 (i) of the definition. 24 5.3 Conveyancing Act 1919 No 6 25 Section 129 (3) and (6) (c) (iii) 26 Omit "Liquor Act 1982" wherever occurring. 27 Insert instead "Liquor Act 2007". 28 5.4 Co-operatives Act 1992 No 18 29 Section 177 (3) (a) 30 Omit "registered under the Registered Clubs Act 1976". 31 Insert instead "that holds a club licence under the Liquor Act 2007". 32 Page 49

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 5 Amendments updating references to liquor, registered clubs and casino legislation 5.5 Innkeepers Act 1968 No 24 1 Section 9 2 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 3 5.6 Landlord and Tenant Act 1899 No 18 4 Section 2AA (1) (a) 5 Omit "or permit is in force under the Liquor Act 1982". 6 Insert instead "is in force under the Liquor Act 2007". 7 5.7 Local Government Act 1993 No 30 8 [1] Section 644A (2) (b) 9 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 10 [2] Section 644A (2) (c) 11 Omit the paragraph. 12 [3] Dictionary, definition of "alcohol" 13 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 14 5.8 Lord Howe Island Regulation 2004 15 Clause 103 (6), definition of "alcohol" 16 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 17 5.9 Lotteries and Art Unions Act 1901 No 34 18 [1] Sections 4B (7) and 4C (2) (a) 19 Omit "registered under the Registered Clubs Act 1976" wherever occurring. 20 Insert instead "that holds a club licence under the Liquor Act 2007". 21 [2] Section 4E (2) (a) 22 Omit "Liquor Act 1982 or on the premises of a club registered under the 23 Registered Clubs Act 1976". 24 Insert instead "Liquor Act 2007". 25 [3] Section 18B (2) 26 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 27 Page 50

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments updating references to liquor, registered clubs and casino Schedule 5 legislation 5.10 Luna Park Site Act 1990 No 59 1 Section 19A (5), definition of "noise abatement action" 2 Omit "section 104 of the Liquor Act 1982 or section 17AA of the Registered 3 Clubs Act 1976" from paragraph (c) of the definition. 4 Insert instead "Division 3 of Part 5 of the Liquor Act 2007". 5 5.11 Moratorium Act 1932 No 57 6 Section 9 (1) (d) 7 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 8 5.12 Parramatta Stadium Trust By-law 2005 9 Clause 8 10 Omit the clause. Insert instead: 11 8 Liquor 12 A person must not bring liquor onto the trust land except for the 13 purpose of supply to premises that are the subject of a licence 14 under the Liquor Act 2007. 15 Maximum penalty: 5 penalty units. 16 5.13 Photo Card Act 2005 No 20 17 Section 22 (4) (d) 18 Insert ", under clause 18 of Schedule 1 to the Liquor Act 2007" after "this 19 section". 20 5.14 Police Integrity Commission Act 1996 No 28 21 Section 61 (1) (a), (b), (d) and (e) 22 Omit the paragraphs. Insert instead: 23 (a) section 17 of the Casino, Liquor and Gaming Control 24 Authority Act 2007, 25 Page 51

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 5 Amendments updating references to liquor, registered clubs and casino legislation 5.15 Private Health Facilities Act 2007 No 9 1 Schedule 5.18 2 Omit the Subschedule. Insert instead: 3 5.18 Liquor Act 2007 No 90 4 Section 6 Exemptions from Act 5 Omit section 6 (1) (k) (ii). Insert instead: 6 (ii) is an overnight patient of a private health facility 7 within the meaning of the Private Health Facilities 8 Act 2007, or 9 5.16 Public Lotteries Regulation 2007 10 Clause 16 (2) 11 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 12 5.17 Public Sector Employment and Management Act 2002 No 43 13 Section 91, note 14 Omit "Liquor Act 1982". 15 Insert instead "Casino, Liquor and Gaming Control Authority Act 2007". 16 5.18 Restricted Premises Act 1943 No 6 17 Section 2, definitions of "Licensed premises" and "Liquor" 18 Omit "Liquor Act 1982" wherever occurring. 19 Insert instead "Liquor Act 2007". 20 5.19 Royal Commission (Police Service) Act 1994 No 60 21 Section 32 (1) 22 Omit the subsection. Insert instead: 23 (1) Section 17 of the Casino, Liquor and Gaming Control Authority 24 Act 2007 does not apply to the divulging of information, or the 25 production of any document or other thing, pursuant to a 26 requirement made by or under this Act or the 1923 Act. 27 Page 52

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Amendments updating references to liquor, registered clubs and casino Schedule 5 legislation 5.20 Security Industry Regulation 2007 1 [1] Schedule 1, item 5 2 Omit "section 106 of the Casino Control Act 1992". 3 Insert instead "section 20 of the Casino, Liquor and Gaming Control Authority 4 Act 2007". 5 [2] Schedule 1, item 8 6 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 7 [3] Schedule 1, item 9 8 Omit the item. 9 5.21 Smoke-free Environment Act 2000 No 69 10 [1] Section 10A (1), definition of "hotel" 11 Omit "hotelier's licence in force under the Liquor Act 1982". 12 Insert instead "hotel licence in force under the Liquor Act 2007". 13 [2] Section 10A (1), definition of "nightclub" 14 Omit "a nightclub licence in force under the Liquor Act 1982". 15 Insert instead "an on-premises licence in force under the Liquor Act 2007 that 16 relates to a public entertainment venue (other than a cinema or theatre)". 17 5.22 Summary Offences Act 1988 No 25 18 Sections 11 (7), definition of "liquor" and 21B (2) (b) 19 Omit "Liquor Act 1982" wherever occurring. 20 Insert instead "Liquor Act 2007". 21 5.23 Sydney Harbour Foreshore Authority Regulation 2006 22 Clause 3 (1), definition of "liquor" 23 Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 24 Page 53

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 5 Amendments updating references to liquor, registered clubs and casino legislation 5.24 Sydney Olympic Park Authority Regulation 2007 1 Clauses 3 (1), definition of "liquor" and 6 (3) 2 Omit "Liquor Act 1982" wherever occurring. 3 Insert instead "Liquor Act 2007". 4 5.25 Trustee Act 1925 No 14 5 Section 36 (5) 6 Omit "Liquor Act 1982" from the proviso. Insert instead "Liquor Act 2007". 7 5.26 Workplace Injury Management and Workers Compensation 8 Act 1998 No 86 9 Schedule 1, clause 15 (1) (b) and (d) 10 Omit "the premises of a club registered under the Registered Clubs Act 1976" 11 wherever occurring. 12 Insert instead "premises subject to a club licence under the Liquor Act 2007". 13 Page 54

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Repeals Schedule 6 Schedule 6 Repeals 1 1 Repeal of Acts that are redundant 2 The following Acts are repealed: 3 Appropriation Act 2008 No 45 4 Appropriation (Budget Variations) Act 2008 No 25 5 Appropriation (Parliament) Act 2008 No 46 6 Appropriation (Special Offices) Act 2008 No 47 7 Companies (Receiver and Manager) Act 1959 No 8 8 Matrimonial Causes Act 1899 No 14 9 Wollongong Sportsground and Old Roman Catholic Cemetery 10 Legislation Amendment (Transfer of Land) Act 2001 No 103 11 2 Repeal of Act that contains only amendments that have commenced 12 The Fisheries Management Amendment Act 2006 No 18 is repealed. 13 3 Repeal of Acts that contain only amendments that have commenced or 14 cannot be incorporated because of subsequent changes 15 The following Acts are repealed: 16 Biofuel (Ethanol Content) Amendment Act 2009 No 11 17 Miscellaneous Acts (Local Court) Amendment Act 2007 No 94 18 Road Transport (Driver Licensing) Amendment (Demerit Points 19 System) Act 2008 No 82 20 4 Repeal of provisions of Acts that contain only amendments that have 21 commenced or cannot be incorporated because of subsequent changes 22 The following provisions of the following Acts are repealed: 23 Act Provisions repealed Building Professionals Amendment Schedules 1 [4], [6], [9], [12], [13], Act 2008 No 37 [15], [16], [19], [21], [33], [34], [36], [37], [39], [42], [47] and [48] and 2 [8], [12], [15] and [16] Community Justice Centres Schedule 1 [20], [30] and [32] and Amendment Act 2007 No 70 Schedule 2 Courts and Crimes Legislation Schedules 1 and 22 Amendment Act 2008 No 53 Crimes and Courts Legislation Schedule 1.12 Amendment Act 2006 No 107 Page 55

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 6 Repeals Act Provisions repealed Environmental Planning and Schedules 1.1 [1]�[10] and [12]�[15], Assessment Amendment Act 2008 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 2.1 [1], No 36 [2], [6]�[12], [15], [21]�[25], [39]�[56], 2.2 [1]�[15], [19], [27], [33], [39] and [46]�[74], 2.3, 2.4, 2.6�2.9, 2.10 [10] and [11], 4.1 [1], [6], [9], [15], [23], [27] and [29], 4.2 [1], [3] and [8]�[10], 5.1 [1], [3]�[6], [8] and [11] and 5.7 Fines Further Amendment Act 2008 Schedule 1 [21], [22] and [29]�[33] No 110 First State Superannuation Schedule 3.6 and 3.11�3.13 Legislation Amendment (Conversion) Act 2005 No 91 Marine Safety Amendment Act 2008 Schedule 1 [13], [15], [17]�[19], No 59 [23], [24], [29] and [34]�[39] Photo Card Act 2005 No 20 Schedule 2.3 Security Industry Amendment Act Schedule 1 [5] and [12] 2008 No 113 Water Management Amendment Act Schedule 4 [1]�[3], [8] and [9] 2008 No 73 Explanatory note 1 Clause 1 repeals Acts that are redundant. 2 Clause 2 repeals an Act that contains only amendments that have commenced. 3 Clause 3 repeals Acts that contain only amendments that have commenced and 4 amendments that cannot be incorporated, because the Acts they amend have been 5 amended or repealed. 6 Clause 4 repeals provisions of Acts that contain only amendments that have 7 commenced and amendments that cannot be incorporated, because the Acts they 8 amend have been amended or repealed. 9 In relation to the repeal of amending provisions, it should be noted that the provisions 10 are repealed simply to rationalise the legislation in force and that the repeals have no 11 substantive effect on the amendments made by the provisions, or any associated 12 provisions. The Acts and instruments that were amended by the provisions being 13 repealed are up-to-date on the NSW legislation website maintained by the 14 Parliamentary Counsel's Office (www.legislation.nsw.gov.au). 15 Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not 16 affected when an Act or statutory rule is amended or repealed: 17 (a) the proof of any past act or thing, 18 (b) any right, privilege, obligation or liability saved by the operation of the Act or 19 statutory rule, 20 Page 56

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Repeals Schedule 6 (c) any amendment or validation made by the Act or statutory rule, 1 (d) the operation of any savings or transitional provision contained in the Act or 2 statutory rule. 3 Page 57

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 7 General savings, transitional and other provisions Schedule 7 General savings, transitional and other 1 provisions 2 1 Effect of amendment of amending provisions 3 (1) An amendment made by Schedule 1, 2, 3 or 5 to an amending provision 4 contained in an Act or instrument is, if the amending provision has 5 commenced before the Schedule 1, 2, 3 or 5 amendment concerned, 6 taken to have effect as from the commencement of the amending 7 provision (whether or not the amending provision has been repealed). 8 (2) In this clause: 9 amending provision means a provision of an Act or instrument that 10 makes a direct amendment to an Act or instrument by: 11 (a) the repeal or omission of matter contained in the amended Act or 12 instrument without the insertion of any matter instead of the 13 repealed or omitted matter, or 14 (b) the omission of matter contained in the amended Act or 15 instrument and the insertion of matter instead of the omitted 16 matter, or 17 (c) the insertion into the amended Act or instrument of matter, not 18 being matter inserted instead of matter omitted from the Act or 19 instrument. 20 Explanatory note 21 This clause ensures that certain amendments, including amendments correcting errors 22 in technical provisions (for example, headings indicating the section to be amended or 23 directions as to where a new section is to be inserted) and rectifying minor drafting 24 errors (for example, corrections in numbering of provisions, correction or insertion of 25 cross-references, omission of unnecessary matter or insertion of omitted matter), will 26 be taken to have commenced on the date the amendments to which they relate 27 commenced. 28 2 Effect of amendment or repeal on acts done or decisions made 29 Except where it is expressly provided to the contrary, if this Act: 30 (a) amends a provision of an Act or an instrument, or 31 (b) repeals and re-enacts (with or without modification) a provision 32 of an Act or an instrument, 33 any act done or decision made under the provision amended or repealed 34 has effect after the amendment or repeal as if it had been done or made 35 under the provision as so amended or repealed. 36 Explanatory note 37 This clause ensures that the amendment or repeal of a provision will not, unless 38 expressly provided, vitiate any act done or decision made under the provision as in 39 force before the amendment or repeal. 40 Page 58

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 General savings, transitional and other provisions Schedule 7 3 Effect of amendment on instruments 1 Except where expressly provided to the contrary, any instrument made 2 under an Act amended by this Act, that is in force immediately before 3 the commencement of the amendment, is taken to have been made 4 under the Act as amended. 5 Explanatory note 6 This clause ensures that, unless expressly provided, any instrument that is in force and 7 made under a provision of an Act that is amended or substituted by the proposed Act 8 will be taken to have been made under the Act as amended. 9 4 Revocation of repeal 10 (1) The Governor may by proclamation published on the NSW legislation 11 website revoke the repeal of any Act or instrument effected by the 12 following: 13 this Act 14 Statute Law (Miscellaneous Provisions) Act (No 2) 2007 15 Statute Law (Miscellaneous Provisions) Act 2008 16 (2) Any Act or instrument the subject of a proclamation under subclause (1) 17 is taken not to be, and never to have been, repealed by the Act 18 concerned. 19 (3) Subclause (2) does not operate in respect of any Act or instrument so as: 20 (a) to affect in a manner prejudicial to any person (other than the 21 State or an authority of the State) the rights of that person existing 22 before the date of publication on the NSW legislation website of 23 the proclamation under subclause (1) in respect of that Act or 24 instrument, or 25 (b) to impose liabilities on any person (other than the State or an 26 authority of the State) in respect of anything done or omitted to 27 be done before the date of publication of that proclamation. 28 (4) A reference in this clause to an Act or instrument includes a reference 29 to a provision of any Act or instrument. 30 Explanatory note 31 This clause enables the Governor, by proclamation, to revoke the repeal of any Act or 32 instrument or the provision of any Act or instrument repealed by this Act or any of the 33 other statute law revision Acts listed. The Act or instrument or provision of an Act or 34 instrument the subject of the revocation of repeal is taken not to be, and never to have 35 been, repealed. 36 Page 59

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Schedule 7 General savings, transitional and other provisions 5 Regulations 1 (1) The Governor may make regulations containing provisions of a savings 2 or transitional nature consequent on the enactment of this Act. 3 (2) Any such provision may, if the regulations so provide, take effect from 4 the date of assent to this Act or a later date. 5 (3) To the extent to which any such provision takes effect from a date that 6 is earlier than the date of its publication on the NSW legislation website, 7 the provision does not operate so as: 8 (a) to affect, in a manner prejudicial to any person (other than the 9 State or an authority of the State), the rights of that person 10 existing before the date of its publication, or 11 (b) to impose liabilities on any person (other than the State or an 12 authority of the State) in respect of anything done or omitted to 13 be done before the date of its publication. 14 Explanatory note 15 This clause enables the making of regulations of a savings or transitional nature having 16 a short term effect and relating to incidental matters arising out of the proposed Act with 17 regard to which no specific, or sufficient, provision has been made in the proposed Act. 18 Page 60

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Notes 1 Index of Acts and instruments amended by Schedules 1�6 2 Anti-Discrimination Act 1977 No 48--Schedule 3 3 Architects Act 2003 No 89--Schedule 3 4 Assisted Reproductive Technology Act 2007 No 69--Schedule 4 5 Associations Incorporation Act 2009 No 7--Schedules 1 and 4 6 Australian Jockey Club Act 2008 No 52--Schedules 3 and 5 7 Bail Regulation 2008--Schedule 4 8 Banana Industry Regulation 2008--Schedule 4 9 Barangaroo Delivery Authority Act 2009 No 2--Schedule 4 10 Baulkham Hills Local Environmental Plan 2005--Schedule 2 11 Building Professionals Act 2005 No 115--Schedule 1 12 Building Professionals Amendment Act 2008 No 37--Schedule 1 13 Business Names Act 2002 No 97--Schedule 3 14 Charcoal (Producer Gas) Act 1941 No 60--Schedule 3 15 Child Protection (Offenders Prohibition Orders) Regulation 2007--Schedule 4 16 Choice of Law (Limitation Periods) Act 1993 No 94--Schedule 3 17 City Tattersall's Club Act of 1912--Schedule 3 18 Civil Procedure Act 2005 No 28--Schedule 2 19 Civil Procedure Regulation 2005--Schedule 4 20 Combat Sports Act 2008 No 116--Schedule 5 21 Commercial Agents and Private Inquiry Agents Act 2004 No 70--Schedule 3 22 Commission for Children and Young People Act 1998 No 146--Schedule 1 23 Commonwealth Powers (De Facto Relationships) Act 2003 No 49--Schedule 3 24 Commonwealth Powers (Family Law--Children) Act 1986 No 182--Schedule 3 25 Commonwealth Powers (State Banking) Act 1992 No 104--Schedule 3 26 Confiscation of Proceeds of Crime Act 1989 No 90--Schedules 2 and 4 27 Consumer Credit (New South Wales) Act 1995 No 7--Schedule 3 28 Consumer, Trader and Tenancy Tribunal Act 2001 No 82--Schedule 2 29 Consumer, Trader and Tenancy Tribunal Regulation 2009--Schedule 2 30 Contaminated Land Management Act 1997 No 140--Schedule 2 31 Conveyancing Act 1919 No 6--Schedule 5 32 Co-operatives Act 1992 No 18--Schedule 5 33 Corporations (Commonwealth Powers) Act 2001 No 1--Schedule 3 34 Crimes Act 1900 No 40--Schedule 2 35 Page 61

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Crimes (Administration of Sentences) Regulation 2008--Schedule 4 1 Crimes (Criminal Organisations Control) Act 2009 No 6--Schedule 4 2 Crimes (Domestic and Personal Violence) Act 2007 No 80--Schedule 4 3 Criminal Case Conferencing Trial Act 2008 No 10--Schedule 4 4 Dangerous Goods (Road and Rail Transport) Act 2008 No 95--Schedules 1 and 4 5 Dangerous Goods (Road and Rail Transport) Regulation 2009--Schedule 4 6 District Court Act 1973 No 9--Schedule 4 7 Drug Misuse and Trafficking Act 1985 No 226--Schedule 2 8 Eastern Gas Pipeline (Special Provisions) Act 1996 No 126--Schedule 2 9 Electricity Supply Act 1995 No 94--Schedule 2 10 Environmental Planning and Assessment Act 1979 No 203--Schedules 1 and 2 11 Environmental Planning and Assessment Amendment Act 2008 No 36--Schedules 1, 12 2 and 3 13 Environmental Planning and Assessment Regulation 2000--Schedule 2 14 Explosives Act 2003 No 39--Schedule 3 15 Financial Agreement Ratification Act 1928 No 14--Schedule 3 16 Fines Act 1996 No 99--Schedule 4 17 Fisheries Management Act 1994 No 38--Schedule 1 18 Fisheries Management (Estuary General Share Management Plan) Regulation 19 2006--Schedule 2 20 Government Information (Information Commissioner) Act 2009 No 53--Schedule 4 21 Government Information (Public Access) Act 2009 No 52--Schedule 4 22 Homebush Motor Racing (Sydney 400) Act 2008 No 106--Schedule 4 23 HomeFund Commissioner Act 1993 No 9--Schedule 3 24 Industrial Arbitration (Special Provisions) Act 1984 No 121--Schedule 3 25 Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) 26 Act 2009 No 32--Schedule 1 27 Innkeepers Act 1968 No 24--Schedule 5 28 Interest Reduction Act 1931 No 44--Schedule 3 29 Interpretation Act 1987 No 15--Schedule 1 30 Jurisdiction of Courts (Cross-vesting) Act 1987 No 125--Schedule 3 31 Lake Macquarie Local Environmental Plan 2004--Schedule 2 32 Landlord and Tenant Act 1899 No 18--Schedule 5 33 Law Enforcement (Powers and Responsibilities) Regulation 2005--Schedule 2 34 Lismore Local Environmental Plan 2000--Schedule 2 35 Local Government Act 1993 No 30--Schedules 1 and 5 36 Local Government (General) Regulation 2005--Schedule 2 37 Page 62

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Lord Howe Island Regulation 2004--Schedule 5 1 Lotteries and Art Unions Act 1901 No 34--Schedule 5 2 Luna Park Site Act 1990 No 59--Schedule 5 3 Maitland Local Environmental Plan 1993--Schedule 2 4 Marine Parks (Zoning Plans) Regulation 1999--Schedule 2 5 Marine Pollution Act 1987 No 299--Schedule 3 6 Marine Safety Act 1998 No 121--Schedule 1 7 Mental Health (Forensic Provisions) Act 1990 No 10--Schedule 4 8 Mining Amendment Act 2008 No 19--Schedule 2 9 Moratorium Act 1932 No 57--Schedules 3, 4 and 5 10 Moree and District War Memorial Educational Centre Act 1962 No 15--Schedule 3 11 Motor Accidents Act 1988 No 102--Schedule 3 12 Motor Accidents Compensation Act 1999 No 41--Schedule 3 13 Motor Accidents (Determination of Non-Economic Loss) Order 2009--Schedule 2 14 Motor Dealers Act 1974 No 52--Schedule 2 15 Motor Sports (World Rally Championship) Act 2009 No 55--Schedules 2 and 4 16 Mutual Recognition (New South Wales) Act 1992 No 61--Schedule 3 17 National Rail Corporation (Agreement) Act 1991 No 82--Schedule 3 18 NSW Trustee and Guardian Act 2009 No 49--Schedule 4 19 Occupational Health and Safety Regulation 2001--Schedule 2 20 Parramatta Stadium Trust By-law 2005--Schedule 5 21 Personal Property Securities (Commonwealth Powers) Act 2009 No 35--Schedule 3 22 Pesticides Act 1999 No 80--Schedule 2 23 Pharmacy Practice Act 2006 No 59--Schedule 3 24 Photo Card Act 2005 No 20--Schedule 5 25 Police Integrity Commission Act 1996 No 28--Schedules 2 and 5 26 Private Health Facilities Act 2007 No 9--Schedule 5 27 Protection of the Environment Operations Act 1997 No 156--Schedule 1 28 Protection of the Environment Operations (General) Regulation 2009--Schedule 2 29 Public Finance and Audit Act 1983 No 152--Schedules 1 and 2 30 Public Health (Tobacco) Act 2008 No 94--Schedule 4 31 Public Health (Tobacco) Regulation 2009--Schedule 2 32 Public Lotteries Regulation 2007--Schedules 2 and 5 33 Public Sector Employment and Management Act 2002 No 43--Schedule 5 34 Rail Safety Act 2008 No 97--Schedule 1 35 Real Property Act 1900 No 25--Schedule 2 36 Page 63

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Restricted Premises Act 1943 No 6--Schedule 5 1 Retirement Villages Amendment Act 2008 No 121--Schedule 1 2 Rice Marketing Regulation 2005--Schedule 2 3 Road Transport (Driver Licensing) Regulation 2008--Schedule 4 4 Road Transport (General) Regulation 2005--Schedule 4 5 Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 1 6 Road Transport (Safety and Traffic Management) Regulation 1999--Schedules 2 7 and 4 8 Roads Act 1993 No 33--Schedule 3 9 Royal Commission (Police Service) Act 1994 No 60--Schedule 5 10 Security Industry Regulation 2007--Schedule 5 11 Sir Joseph Banks Memorial Act 1945 No 30--Schedule 3 12 Smoke-free Environment Act 2000 No 69--Schedule 5 13 Snowy Hydro Corporatisation Act 1997 No 99--Schedule 3 14 South Sydney Local Environmental Plan 1998--Schedule 2 15 Sporting Venues Authorities Act 2008 No 65--Schedules 2 and 4 16 Sporting Venues (Invasions) Regulation 2006--Schedule 2 17 Standard Instrument (Local Environmental Plans) Amendment (Entertainment 18 Venues) Order 2009--Schedule 2 19 State Environmental Planning Policy (Affordable Rental Housing) 2009-- 20 Schedule 2 21 State Environmental Planning Policy (Exempt and Complying Development Codes) 22 Amendment (Commercial and Industrial) 2009--Schedule 2 23 State Environmental Planning Policy No 59--Central Western Sydney Regional 24 Open Space and Residential--Schedule 2 25 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114--Schedule 3 26 Strata Schemes Management Act 1996 No 138--Schedule 1 27 Subordinate Legislation (Repeal) Act 1985 No 232--Schedule 3 28 Summary Offences Act 1988 No 25--Schedule 5 29 Surveillance Devices Act 2007 No 64--Schedule 4 30 Surveying Act 2002 No 83--Schedule 3 31 Sydney Harbour Foreshore Authority Regulation 2006--Schedule 5 32 Sydney Olympic Park Authority Regulation 2007--Schedule 5 33 Sydney Regional Environmental Plan No 24--Homebush Bay Area--Schedule 2 34 Teaching Service Act 1980 No 23--Schedule 3 35 Telecommunications (Interception and Access) (New South Wales) Act 1987 36 No 290--Schedule 2 37 Page 64

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Terrorism (Commonwealth Powers) Act 2002 No 114--Schedule 3 1 The Standard Insurance Company Limited and Certain Other Insurance Companies 2 Act 1963 No 18--Schedule 3 3 Threatened Species Conservation Act 1995 No 101--Schedule 2 4 Totalizator Agency Board Privatisation Act 1997 No 43--Schedule 3 5 Trans-Tasman Mutual Recognition (New South Wales) Act 1996 No 102-- 6 Schedule 3 7 Travel Agents Act 1986 No 5--Schedule 1 8 Trustee Act 1925 No 14--Schedule 5 9 University of New South Wales (St George Campus) Act 1999 No 45--Schedule 3 10 Valuation of Land Act 1916 No 2--Schedule 3 11 Veterinary Practice Act 2003 No 87--Schedule 3 12 Water Act 1912 No 44--Schedule 4 13 Water (Commonwealth Powers) Act 2008 No 69--Schedule 3 14 Water Management Act 2000 No 92--Schedules 1 and 4 15 Water Sharing Plan for the Central Coast Unregulated Water Sources 2009-- 16 Schedule 2 17 Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water 18 Sources 2009--Schedule 2 19 Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources 2009-- 20 Schedule 2 21 Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water 22 Sources 2009--Schedule 2 23 Western Sydney Parklands Act 2006 No 92--Schedule 3 24 Wingecarribee Local Environmental Plan 1989--Schedule 2 25 Woollahra Local Environmental Plan 1995--Schedule 2 26 Workplace Injury Management and Workers Compensation Act 1998 No 86-- 27 Schedule 5 28 Index of Acts wholly repealed by Schedule 6 29 Appropriation Act 2008 No 45 30 Appropriation (Budget Variations) Act 2008 No 25 31 Appropriation (Parliament) Act 2008 No 46 32 Appropriation (Special Offices) Act 2008 No 47 33 Biofuel (Ethanol Content) Amendment Act 2009 No 11 34 Companies (Receiver and Manager) Act 1959 No 8 35 Fisheries Management Amendment Act 2006 No 18 36 Matrimonial Causes Act 1899 No 14 37 Page 65

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009 Notes Miscellaneous Acts (Local Court) Amendment Act 2007 No 94 1 Road Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008 2 No 82 3 Wollongong Sportsground and Old Roman Catholic Cemetery Legislation 4 Amendment (Transfer of Land) Act 2001 No 103 5 Index of Acts partly repealed by Schedule 6 6 Building Professionals Amendment Act 2008 No 37 7 Community Justice Centres Amendment Act 2007 No 70 8 Courts and Crimes Legislation Amendment Act 2008 No 53 9 Crimes and Courts Legislation Amendment Act 2006 No 107 10 Environmental Planning and Assessment Amendment Act 2008 No 36 11 Fines Further Amendment Act 2008 No 110 12 First State Superannuation Legislation Amendment (Conversion) Act 2005 No 91 13 Marine Safety Amendment Act 2008 No 59 14 Photo Card Act 2005 No 20 15 Security Industry Amendment Act 2008 No 113 16 Water Management Amendment Act 2008 No 73 17 Page 66

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