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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Revenue and Other Legislation
Amendment (Budget) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Duties Act 1997 No 123 3
Schedule 2 Amendment of Gaming Machines Act 2001 No 127 8
Schedule 3 Amendment of Land Tax Act 1956 No 27 11
Schedule 4 Amendment of Transport Administration Act 1988 No 109 13
Schedule 5 Amendment of other Acts 20
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
State Revenue and Other Legislation
Amendment (Budget) Bill 2007
Act No , 2007
An Act to make miscellaneous amendments to State revenue legislation and other
legislation in connection with the Budget for the year 200708.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 State Revenue and Other Legislation Amendment (Budget) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Revenue and Other Legislation Amendment
(Budget) Act 2007.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) The following provisions commence, or are taken to have commenced,
on the dates indicated:
Schedule 1 [9] and [10]--1 September 2007
Schedule 2--1 July 2007
Schedule 4 (except Schedule 4 [4] and [8][12]) and Schedule 5--on
the date of assent to this Act or 1 July 2007, whichever is the later
Schedule 4 [4] and [8][12]--1 July 2007
3 Amendment of Acts
The Acts specified in Schedules 15 are amended as set out in those
Schedules.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Duties Act 1997 No 123 Schedule 1
Schedule 1 Amendment of Duties Act 1997 No 123
(Section 3)
[1] Section 77 Eligible mortgages
Insert at the end of section 77:
Note. See also section 221B, which extends a general mortgage duty
exemption to all mortgages associated with owner occupied housing,
and takes effect on and from 1 September 2007.
[2] Section 203A Abolition of mortgage duty--effective 1 July 2009
Omit "1 January 2011" wherever occurring.
Insert instead "1 July 2009".
[3] Section 210 How is mortgage duty charged?
Omit "subsections (2)(4)" from section 210 (1).
Insert instead "subsection (2)".
[4] Section 210 (2)
Omit ", except as provided by subsection (4)".
[5] Section 210 (3) and (4)
Omit the subsections and note (3) at the end of the subsections.
[6] Section 221 Eligible mortgages under First Home Plus
Insert after section 221 (2):
(3) This section does not prevent section 221B from applying in
respect of a mortgage.
Note. Section 221B extends a general mortgage duty exemption to all
mortgages associated with owner occupied housing, and takes effect on
and from 1 September 2007.
[7] Chapter 7, Part 3A
Insert after Part 3:
Part 3A Exemptions for mortgages associated with
housing
221A Definitions
In this Part:
Page 3
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 1 Amendment of Duties Act 1997 No 123
alterations or additions, in relation to a private dwelling house,
includes:
(a) any improvements to the parcel of land on which the
dwelling house is constructed, and
(b) the maintenance, repair or renovation of the dwelling
house or of an improvement referred to in paragraph (a).
APRA reporting standard means a reporting standard
determined by the Australian Prudential Regulation Authority
under section 13 of the Financial Sector (Collection of Data) Act
2001 of the Commonwealth.
private dwelling house includes:
(a) a lot within the meaning of the Strata Schemes
Management Act 1996, and
(b) a land use entitlement that confers a right to occupy a
private dwelling house.
residential land means a parcel of vacant land that is zoned or
otherwise designated for use under an environmental planning
instrument (within the meaning of the Environmental Planning
and Assessment Act 1979) for residential or principally for
residential purposes.
221B Mortgages associated with owner occupied housing
(1) Mortgage duty is not chargeable in respect of a mortgage if the
mortgage secures an advance or advances made for the purpose
of owner occupied housing and no other advances.
(2) If a mortgage secures an advance made for the purpose of owner
occupied housing and another advance that is not made for that
purpose, mortgage duty is not chargeable in respect of the
mortgage in relation to the amount advanced for the purpose of
owner occupied housing.
(3) This section applies in respect of a mortgage only if the borrower
under the mortgage is a natural person or, if there is more than
one borrower, each of them is a natural person.
(4) An advance is made for the purpose of owner occupied housing
if it is to be applied wholly or predominantly for one or more of
the following purposes:
(a) financing the acquisition of a residence,
(b) financing the construction of a residence,
(c) financing alterations or additions to a residence,
(d) financing the acquisition of residential land,
Page 4
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Duties Act 1997 No 123 Schedule 1
(e) repaying another advance, if the advance to be repaid was
made for the purpose of owner occupied housing (within
the meaning of this section).
(5) For the purposes of this section, a residence is a private dwelling
house that is used and occupied or intended to be used and
occupied by the borrower, or by any of the borrowers, as a place
of residence.
(6) To avoid doubt, an exemption provided for by this section is not
available in respect of any advance that is to be applied wholly or
predominantly for business or investment purposes (or both).
(7) The Chief Commissioner may, by written instrument, determine
the criteria that may be applied by lenders for the purpose of
establishing that the exemption provided for by this section
applies in respect of an advance.
(8) Without limiting subsection (7), the Chief Commissioner may
determine that an advance is taken to be made for the purpose of
owner occupied housing if it meets criteria set out in any APRA
reporting standard relating to housing finance that is specified by
the Chief Commissioner to be applicable to the exemption under
this section.
(9) A determination made by the Chief Commissioner under this
section:
(a) may be varied or revoked by the making of a further
determination, and
(b) has effect according to its tenor.
(10) The exemption provided for by this section takes effect on and
from 1 September 2007.
221C Mortgages associated with investment housing
(1) Mortgage duty is not chargeable in respect of a mortgage if the
mortgage secures an advance or advances made for the purpose
of investment housing and no other advances.
(2) If a mortgage secures an advance made for the purpose of
investment housing and another advance that is not made for that
purpose, mortgage duty is not chargeable in respect of the
mortgage in relation to the amount advanced for the purpose of
investment housing.
(3) This section applies in respect of a mortgage only if the borrower
under the mortgage is a natural person or, if there is more than
one borrower, each of them is a natural person.
Page 5
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 1 Amendment of Duties Act 1997 No 123
(4) An advance is made for the purpose of investment housing if it is
to be applied wholly or predominantly for one or more of the
following purposes:
(a) financing the acquisition of investment housing,
(b) financing the construction of investment housing,
(c) financing alterations or additions to investment housing,
(d) repaying another advance, if the advance to be repaid was
made for the purposes of investment housing (within the
meaning of this section).
(5) For the purposes of this section, investment housing is any
private dwelling house that is used, or is intended to be used or
sold, for investment or business purposes (or both) by the
borrower or by any of the borrowers.
(6) The Chief Commissioner may, by written instrument, determine
the criteria that may be applied by lenders for the purpose of
establishing that the exemption provided for by this section
applies in respect of an advance.
(7) Without limiting subsection (6), the Chief Commissioner may
determine that an advance is taken to be made for the purpose of
investment housing if it meets criteria set out in any APRA
reporting standard relating to personal or commercial finance that
is specified by the Chief Commissioner to be applicable to the
exemption under this section.
(8) A determination made by the Chief Commissioner under this
section:
(a) may be varied or revoked by the making of a further
determination, and
(b) has effect according to its tenor.
(9) The exemption provided for by this section takes effect on and
from 1 July 2008.
[8] Chapter 7, Part 4, heading
Omit the heading. Insert instead:
Part 4 Other exemptions
[9] Section 223 Mortgages associated with certain credit contracts
Omit section 223 (4).
Page 6
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Duties Act 1997 No 123 Schedule 1
[10] Section 223 (5), definition of "private dwelling house"
Omit the definition.
[11] Section 278 Department of Housing and Aboriginal Housing Office
tenants
Insert after section 278 (9):
(10) This section does not prevent section 221B from applying in
respect of a mortgage.
Note. Section 221B extends a general mortgage duty exemption to all
mortgages associated with owner occupied housing, and takes effect on
and from 1 September 2007.
[12] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
State Revenue and Other Legislation Amendment (Budget) Act
2007
[13] Schedule 1
Insert at the end of Schedule 1, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
State Revenue and Other Legislation
Amendment (Budget) Act 2007
Changes to mortgage duty provisions
(1) An exemption provision does not apply to a mortgage or
instrument of security first executed before the effective date of
the exemption provision unless an advance or further advance is
made in respect of the mortgage or instrument on or after that
effective date (and in such a case the exemption provision applies
only in respect of the advance or further advance).
(2) For the purposes of this clause:
effective date of an exemption provision means the date on and
from which the exemption provided for by the exemption
provision takes effect, as set out in the exemption provision.
exemption provision means section 221B or 221C, as inserted by
the State Revenue and Other Legislation Amendment (Budget)
Act 2007.
Page 7
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 2 Amendment of Gaming Machines Act 2001 No 127
Schedule 2 Amendment of Gaming Machines Act
2001 No 127
(Section 3)
[1] Section 15A Large-scale clubs required to reduce their allocated number
of poker machine entitlements
Omit "2 July" from section 15A (2A). Insert instead "31 July".
[2] Section 15A (2A)
Omit "are forfeited".
Insert instead "are, except as provided by section 15B, forfeited".
[3] Section 15B
Insert after section 15A:
15B Transitional scheme relating to reduction of certain poker machine
entitlements allocated to large-scale clubs
(1) This section applies in relation to a large-scale club that has not,
by 31 July 2007, reduced the number of poker machine
entitlements allocated in respect of its relevant premises to the
number required under section 15A (1).
(2) A large-scale club to which this section applies may, on or before
31 July 2007 or such later date as may be prescribed by the
regulations (the due date), pay the Director-General a levy
(calculated in accordance with subsection (3)) to retain any or all
of the remaining poker machine entitlements that would
otherwise be forfeited under section 15A (2A).
(3) The levy is $3,390 for each of the remaining poker machine
entitlements that the large-scale club intends to retain in
accordance with this section (the retained entitlements).
(4) If, on or before the due date, the large-scale club:
(a) pays the levy for each of the retained entitlements, and
(b) is authorised under Part 5 to dispose of the number of
approved poker machines that corresponds to the number
of poker machine entitlements that the club was required,
in accordance with the regulations, to transfer in respect of
the year ending 2 April 2007 (the 2007 annual target), and
(c) removes that number of approved poker machines from its
relevant premises, and
Page 8
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Gaming Machines Act 2001 No 127 Schedule 2
(d) forfeits to the Board one-third of the entitlements
comprising the 2007 annual target,
the retained entitlements are not forfeited under section
15A (2A).
(5) If:
(a) the large-scale club forfeits poker machine entitlements
under subsection (4) (d), and
(b) the club subsequently transfers, in accordance with this
Division, any of the retained entitlements,
each of the entitlements forfeited under subsection (4) (d) is, for
the purposes of that subsequent transfer, taken to be one of the
entitlements that the club is required to forfeit to the Board under
section 20 (3) (b).
(6) Accordingly, the large-scale club is exempt from the operation of
section 20 (3) (b) to the extent that the club is not required to
forfeit poker machine entitlements from a transfer block under
that section if those entitlements are, because of subsection (5),
already taken to have been forfeited under this section.
(7) If a large-scale club to which this section applies has not, by
1 December 2008, reduced the number of poker machine
entitlements allocated in respect of its relevant premises to the
number required under section 15A (1), the remaining number of
entitlements that the club was required to transfer in order to
reach that reduced number are forfeited to the Board.
(8) Any levy paid to the Director-General under this section is to be
paid into a fund, called the Community Development Fund,
administered by the Department of the Arts, Sport and
Recreation.
(9) Money held in the Community Development Fund may be
applied:
(a) for such community benefits as the Director-General
considers appropriate, or
(b) for such other purposes as may be authorised or permitted
by or under this or any other Act.
[4] Section 21A Special provisions relating to transfer by large-scale clubs
of poker machine entitlements
Omit section 21A (3) and (4).
Page 9
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 2 Amendment of Gaming Machines Act 2001 No 127
[5] Section 210 Regulations
Insert after section 210 (2) (x):
(y) the purposes for which money in the Community
Development Fund (as referred to in section 15B) may be
applied.
[6] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
State Revenue and Other Legislation Amendment (Budget) Act
2007, but only to the extent that it amends this Act
Page 10
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Land Tax Act 1956 No 27 Schedule 3
Schedule 3 Amendment of Land Tax Act 1956 No 27
(Section 3)
[1] Section 3AJ Levy of land tax after 31 December 2005 and before 31
December 2007
Insert "and ending with 2006" after "commencing with 2005" wherever
occurring in section 3AJ (1) and (2).
[2] Section 3AK
Insert after section 3AJ:
3AK Levy of land tax after 31 December 2007
(1) Except as provided by subsection (2), in respect of the taxable
value of all the land owned by any person at midnight on
31 December in any year (commencing with 2007) there is to be
charged, levied, collected and paid under the provisions of the
Principal Act and in the manner prescribed under that Act, land
tax for the period of 12 months commencing on 1 January in the
next succeeding year and at the rates set out in Schedule 12.
(2) In respect of the taxable value of all the land owned by a person
at midnight on 31 December in any year (commencing with
2007) where:
(a) the owner is a company classified under section 29 of the
Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
land tax for the period of 12 months commencing on 1 January in
the next succeeding year is, except as provided by section
27 (2A) of the Principal Act, to be charged, levied, collected and
paid as referred to in subsection (1) at the rate of 1.6 cents for
each $1 of the taxable value.
(3) If the total amount of land tax payable pursuant to this section by
any person in any year would, but for this subsection, be less than
$100, no land tax is payable.
Page 11
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 3 Amendment of Land Tax Act 1956 No 27
[3] Schedule 12
Insert after Schedule 11:
Schedule 12
(Section 3AK)
Where the taxable value assessed Rates of land tax payable
under the Principal Act
is not more than the tax threshold nil
is more than the tax threshold $100 plus 1.6c for each $1 in excess of
the tax threshold
Page 12
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Transport Administration Act 1988 No 109 Schedule 4
Schedule 4 Amendment of Transport Administration
Act 1988 No 109
(Section 3)
[1] Section 3 Definitions
Omit the definition of State Rail Authority from section 3 (1). Insert instead:
State Rail Authority Residual Holding Corporation (or SRA
Residual Holding Corporation) means the State Rail Authority
Residual Holding Corporation constituted under this Act.
[2] Section 88A Definitions
Omit ", the State Rail Authority" from the definition of rail authority.
[3] Section 88G Severance of rail infrastructure facilities and from leased or
licensed land
Omit ", RIC or the State Rail Authority" wherever occurring in section
88G (1) and (2).
Insert instead "or RIC".
[4] Section 94 Transfer of assets, rights and liabilities
Omit "State Rail Authority" from the definition of rail authority in section
94 (6).
Insert instead "SRA Residual Holding Corporation".
[5] Section 94 (7)
Insert after section 94 (6):
(7) In this section and Schedule 4, a reference to the Minister, in
relation to the transfer of any assets, rights or liabilities of the
SRA Residual Holding Corporation, is to be read as a reference
to the Treasurer.
[6] Schedule 6 Transfer of certain staff
Insert after clause 18:
19 Orders relating to SRA
(1) An order may not be made under this Part in relation to the
transfer of staff to or from the SRA after the commencement of
this clause.
(2) In this Schedule, SRA means the State Rail Authority.
Page 13
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 4 Amendment of Transport Administration Act 1988 No 109
[7] Schedule 6A Powers relating to rail infrastructure facilities and land
Omit paragraph (a) of the definition of rail authority in clause 1.
Insert instead:
(a) RailCorp, RIC and Transport Infrastructure Development
Corporation, and
[8] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
State Revenue and Other Legislation Amendment (Budget) Act
2007
[9] Schedule 7
Insert at the end of Schedule 7 with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
State Revenue and Other Legislation
Amendment (Budget) Act 2007
Chief Executive
(1) On the repeal of clause 6 of Schedule 8, the person holding office
as the Chief Executive of the State Rail Authority immediately
before that repeal ceases to hold that office.
(2) No compensation or remuneration is payable to any person
because of the operation of this clause.
References to State Rail Authority
(1) Subject to the regulations, a reference in any Act (other than this
Act) or instrument, or in any other document, to the State Rail
Authority is to be read as a reference to the SRA Residual
Holding Corporation.
(2) Without limiting subclause (1), the regulations may provide that
a reference in any Act (other than this Act), instrument or other
document to the State Rail Authority is to be read as a reference
to another statutory corporation.
[10] Schedule 8, heading and heading to Part 1 of Schedule 8
Omit "State Rail Authority" wherever occurring.
Insert instead "SRA Residual Holding Corporation".
Page 14
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Transport Administration Act 1988 No 109 Schedule 4
[11] Schedule 8, clause 1, Constitution of SRA Residual Holding Corporation
Insert after clause 1 (1):
(1A) On and from the commencement of this subclause:
(a) the corporate name of the State Rail Authority of New
South Wales is changed to the State Rail Authority
Residual Holding Corporation, and
(b) that body, for all purposes (including the rules of private
international law), continues in existence under its new
name so that its identity is not affected.
[12] Schedule 8, clause 1 (2)
Omit "State Rail Authority".
Insert instead "SRA Residual Holding Corporation".
[13] Schedule 8, clause 1A
Insert after clause 1:
1A Definitions
In this Schedule:
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
special lease means any lease or sublease, or any associated
contract or arrangement, under which the SRA Residual Holding
Corporation has rights or liabilities and which is declared by the
Treasurer, by order, to be a special lease for the purposes of this
Schedule.
[14] Schedule 8, clause 2, Objectives of SRA Residual Holding Corporation
Omit "State Rail Authority".
Insert instead "SRA Residual Holding Corporation".
[15] Schedule 8, clause 3, Functions of SRA Residual Holding Corporation
Omit clause 3 (1). Insert instead:
(1) The SRA Residual Holding Corporation has the following
functions:
(a) such functions as may be necessary or convenient to
enable it to exercise its rights and discharge its obligations
under or in connection with a special lease or any sublease
or sub-sublease of the property to which a special lease
applies,
Page 15
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 4 Amendment of Transport Administration Act 1988 No 109
(b) to acquire any or all of the property the subject of a special
lease or any other property that it is necessary or
convenient for the Corporation to acquire in connection
with the exercise of the Corporation's functions in relation
to a special lease,
(c) any other functions conferred or imposed on it by or under
this or any other Act.
(1A) The SRA Residual Holding Corporation may do any thing that is
supplemental or incidental to the exercise of its functions.
[16] Schedule 8, clause 3 (2)
Omit "State Rail Authority".
Insert instead "SRA Residual Holding Corporation".
[17] Schedule 8, clause 4
Omit the clause. Insert instead:
4 Disposal of property
(1) The SRA Residual Holding Corporation may sell, lease or
otherwise dispose of any of its property.
(2) Despite subclause (1), the SRA Residual Holding Corporation
may not transfer, novate or otherwise dispose of any rights or
liabilities under any special lease unless the Treasurer has
determined that the disposal will not breach any term of any
special lease or the disposal is required by a term of a special
lease.
[18] Schedule 8, Part 2, heading
Omit "State Rail Authority".
Insert instead "SRA Residual Holding Corporation".
[19] Schedule 8, clauses 57
Omit the clauses.
[20] Schedule 8, clause 8
Omit the clause. Insert instead:
8 Treasurer to manage and control affairs of SRA Residual Holding
Corporation
(1) The affairs of the SRA Residual Holding Corporation are to be
managed and controlled by the Treasurer.
Page 16
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Transport Administration Act 1988 No 109 Schedule 4
(2) Any act, matter or thing done in the name of, or on behalf of, the
SRA Residual Holding Corporation by the Treasurer is taken to
have been done by the Corporation.
[21] Schedule 8, clause 9
Omit the clause.
[22] Schedule 8, clause 10
Omit the clause. Insert instead:
10 Delegation of functions of SRA Residual Holding Corporation
(1) The SRA Residual Holding Corporation may delegate to any
person any of the functions of the Corporation, other than this
power of delegation.
(2) A delegate may sub-delegate to an authorised person any
function delegated by the SRA Residual Holding Corporation if
the delegate is authorised in writing to do so by the Corporation.
(3) In this clause, authorised person means:
(a) a member of staff of the SRA Residual Holding
Corporation, or
(b) a person of a class prescribed by the regulations or
approved by the Treasurer.
[23] Schedule 8, clauses 11 and 12
Omit the clauses. Insert instead:
11 Staff of SRA Residual Holding Corporation
(1) The SRA Residual Holding Corporation may arrange for the use
of the services of any staff or facilities of any government
department or public authority, including the staff or facilities of
RailCorp, RIC or the New South Wales Treasury Corporation.
(2) A person whose services are made use of by the SRA Residual
Holding Corporation under subclause (1) is taken to be a member
of staff of the Corporation.
(3) Without limiting subclause (1), the SRA Residual Holding
Corporation may appoint any such person to a position with the
Corporation that is designated by the Corporation and may
remove the person from that designated position at any time.
[24] Schedule 8, clauses 1315 and 17
Omit the clauses.
Page 17
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 4 Amendment of Transport Administration Act 1988 No 109
[25] Schedule 8, clause 16
Omit "State Rail Authority".
Insert instead "SRA Residual Holding Corporation".
[26] Schedule 8, clause 18
Omit the clause. Insert instead:
18 Seal
The seal of the SRA Residual Holding Corporation is to be kept
by the Treasurer and affixed to a document only:
(a) in the presence of the Treasurer or a member of staff of the
Corporation authorised by the Treasurer, and
(b) with an attestation by the signature of the Treasurer or that
member of staff of the fact of the affixing of the seal.
[27] Schedule 8, clause 18A
Omit the clause.
[28] Schedule 8, clause 19 Dissolution of SRA Residual Holding Corporation
and subsidiaries
Omit "State Rail Authority" wherever occurring.
Insert instead "SRA Residual Holding Corporation".
[29] Schedule 8, clause 19 (1A)
Insert after clause 19 (1):
(1A) A proclamation may not be made under subclause (1) unless the
Treasurer has certified that the dissolution of the SRA Residual
Holding Corporation will not result in a breach of any term of a
special lease.
[30] Schedule 8, clause 19 (2) and (5)
Omit "the Authority" wherever occurring.
Insert instead "the Corporation".
[31] Schedule 8, clause 19 (3)
Insert "except that, in so applying those provisions, a reference to the Minister
is to be read as a reference to the Treasurer" after "rail authority".
[32] Schedule 8, clause 19 (4)
Omit the subclause.
Page 18
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of Transport Administration Act 1988 No 109 Schedule 4
[33] Schedule 8, clause 20
Omit the clause.
[34] Schedule 8, clause 21 References to SRA Residual Holding Corporation
Omit "State Rail Authority" wherever occurring.
Insert instead "SRA Residual Holding Corporation".
[35] Schedule 8, clause 22 Previous transfer of assets, rights and liabilities of
SRA Residual Holding Corporation
Omit "State Rail Authority" wherever occurring.
Insert instead "SRA Residual Holding Corporation".
[36] Schedule 8, clause 23 Previous transfer of staff of SRA Residual Holding
Corporation
Omit "State Rail Authority" wherever occurring.
Insert instead "SRA Residual Holding Corporation".
Page 19
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 5 Amendment of other Acts
Schedule 5 Amendment of other Acts
(Section 3)
5.1 Bennelong Point (Parking Station) Act 1985 No 189
Schedule 2 Description of land
Omit "the State Rail Authority". Insert instead "RailCorp".
5.2 Electricity Supply Act 1995 No 94
Dictionary
Omit ", Rail Infrastructure Corporation or the State Rail Authority" from the
definition of rail network electricity system.
Insert instead "or Rail Infrastructure Corporation".
5.3 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Omit "State Rail Authority of New South Wales".
5.4 Glenreagh to Dorrigo Railway (Closure) Act 1993 No 65
[1] Long title
Omit "the State Rail Authority".
Insert instead "the Rail Infrastructure Corporation".
[2] Section 3 Definitions
Omit the definition of Authority. Insert instead:
Corporation means the Rail Infrastructure Corporation
constituted under the Transport Administration Act 1988.
[3] Sections 4 (1), 5, 6, 7 (1) and 8
Omit "Authority" wherever occurring. Insert instead "Corporation".
Page 20
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of other Acts Schedule 5
5.5 Local Government Act 1993 No 30
[1] Chapter 15, Part 8, Division 2, Note
Omit "the State Rail Authority".
Insert instead "the State Rail Authority Residual Holding Corporation".
[2] Section 600 Rebates in respect of certain land vested in public bodies
Omit "the State Rail Authority" from the definition of public body in section
600 (9).
Insert instead "the State Rail Authority Residual Holding Corporation
Corporation".
5.6 New South Wales Retirement Benefits Act 1972 No 70
[1] Schedule 2
Omit the matter relating to the State Rail Authority. Insert instead:
Rail Corporation All persons employed by the Corporation
[2] Schedule 2A Persons employed on a part-time basis
Omit "the State Rail Authority" wherever occurring in clauses 7 and 8.
Insert instead "Rail Corporation".
5.7 Pipelines Act 1967 No 90
Section 3 Definitions
Omit "State Rail Authority of New South Wales," from paragraph (a) of the
definition of public authority in section 3 (1).
5.8 Public Authorities Superannuation Act 1985 No 41
Schedule 3 Employers
Omit "The State Rail Authority." from Part 1.
5.9 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "State Rail Authority of New South Wales".
Insert instead "State Rail Authority Residual Holding Corporation".
Page 21
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Schedule 5 Amendment of other Acts
5.10 Public Sector Employment and Management Act 2002 No 43
[1] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit "Chief Executive of the State Rail Authority" from Part 2.
[2] Schedule 4 Savings, transitional and other provisions
Omit "the State Rail Authority" from clause 23 (1) (a).
Insert instead "the State Rail Authority Residual Holding Corporation".
[3] Schedule 4, clause 23 (1) (a)
Omit "that Authority". Insert instead "that Corporation".
5.11 Rural Fires Act 1997 No 65
[1] Section 27 Permission of RailCorp, RIC or TIDC required
Omit "the State Rail Authority,".
[2] Section 100A Definitions
Omit "the State Rail Authority," from paragraph (c) of the definition of
managed land in section 100A (1).
[3] Dictionary
Omit "the State Rail Authority," from paragraph (c) of the definition of
managed land.
5.12 State Authorities Non-contributory Superannuation Act
1987 No 212
Schedule 1 Employers
Omit "State Rail Authority of New South Wales" from Part 1.
5.13 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Omit "State Rail Authority of New South Wales" from Part 1.
Page 22
State Revenue and Other Legislation Amendment (Budget) Bill 2007
Amendment of other Acts Schedule 5
5.14 State Development and Industries Assistance Act 1966
No 10
Section 20 Ministerial Corporation's powers to make grants and pay
subsidies
Omit "the State Rail Authority," from section 20 (1) (b).
5.15 Superannuation Act 1916 No 28
[1] Schedule 3 List of employers
Omit "State Rail Authority of New South Wales" from Part 1.
[2] Schedule 26
Omit "State Rail Authority of New South Wales" from Part 1.
5.16 Transport Appeal Boards Act 1980 No 104
[1] Long title
Omit "the State Rail Authority and".
[2] Section 4 Definitions
Omit "the State Rail Authority," from the definition of Authority in section
4 (1).
Page 23
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