New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL
(No. 2) 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to make minor amendments to various Acts (Schedule 1); and
(b) to amend certain other Acts for the purpose of effecting statute law revision
(Schedule 2); and
(c) to repeal certain Acts containing only the following:
· amendments to repealed Acts
· amendments to other Acts that have been incorporated in a reprint under
the Reprints Act 1972
· spent or unnecessary provisions of a saving of transitional nature
· validation provisions
(Schedule 3); and
(d) to repeal certain Acts containing uncommenced provisions (Schedule 3); and
(e) to repeal certain Acts which are no longer of public utility (Schedule 3); and
(f) to make other provisions of a consequential or ancillary nature (Schedule 4).
Clauses 15 are machinery provisions specifying the short title of the proposed Act,
providing for its commencement and giving effect to the Schedules of the Act
containing amendments, repeals and savings, transitional and other provisions.
Clause 6 makes it cleare that the Explanatory notes contained in the Schedules do not
form part of the proposed Act.
Statute Law (Miscellaneous Provisions) (No. 2 ) 1991
SCHEDULE 1--MINOR AMENDMENTS
Schedule 1 makes amendments to the following Acts:
Animal Research Act 1985 No. 123
Anzac Memorial (Building) Act 1923 No. 27
Archives Act 1960 No. 46
Area Health Services Act 1986 No. 50
Australian Museum Trust Act 1975 No. 95
Board of Adult and Community Education Act 1990 No. 119
Boxing and Wrestling Control Act 1986 No. 11
Business Licences Act 1990 No. 72
Catchment Management Act 1989 No. 235
Children (Care and Protection) Act 1987 No. 54
Commercial Tribunal Act 1984 No. 98
Community Land Development Act 1989 No. 201
Community Land Management Act 1989 No. 202
Compensation Court Act 1984 No. 89
Construction Safety Act 1912 No. 38
Credit Act 1984 No. 94
Credit (Administration) Act 1984 No. 95
Crown Lands Act 1989 No. 6
Crown Lands (Continued Tenures) Act 1989 No. 7
Dangerous Goods Act 1975 No. 68
Dentists Act 1989 No. 139
District Court Act 1973 No. 9
Dried Fruits Act 1939 No. 7
Electricity Act 1945 (1946 No. 13)
Environmental Offences and Penalties Act 1989 No. 150
Exhibited Animals Protection Act 1986 No. 123
Factories, Shops and Industries Act 1962 No. 43
Fair Trading Act 1987 No. 68
Freedom of Information Act 1989 No. 5
Grain Marketing Act 1991 No. 15
Health Administration Act 1982 No. 135
Industrial Arbitration Act 1940 No. 2
Interpretation Act 1987 No. 15
Irrigation Act 1912 No. 73
Judges' Pensions Act 1953 No. 41
Land and Environment Court Act 1979 No. 204
Local Government Act 1919 No. 41
Lotto Act 1979 No. 53
Marine Administration Act 1989 No. 93
Maritime Services Act 1935 No. 47
Medical Practitioners Act 1938 No. 37
Motor Dealers Act 1974 No. 52
Nurses Act 1991 No. 9
Occupational Health and Safety Act 1983 No. 20
Parliamentary Electorates and Elections Act 1912 No. 41
Pharmacy Act 1964 No. 48
Physiotherapists Registration Act 1945 No. 9
Where necessary, provisions of a saving or transitional nature relating to the
amendment concerned have also been set out in Schedule 1.
The expression "penalty unit" used m the explanatory note relating to an amendment
to an Act set out in Schedule 1 has its basis in section 56 of the Interpretation Act 1987.
At present, 1 penalty unit is equivalent to $100.
SCHEDULE 2--AMENDMENTS BY WAY OF STATUTE LAW REVISION
Schedule 2 amends certain other Acts for the purpose of effecting statute law
revision A number of amendments are made relating to formal drafting matters and
minor corrections.
The amendments to each Act are explained in detail m the explanatory note relating
to the Act concerned set out in Schedule 2.
Statute Law (Miscellaneous Provisions) (No. 2) 1991
SCHEDULE 3--REPEALS
Schedule 3 repeals a number of Acts. Since the Statute Law (Miscellaneous
Provisions) Act 1985 the number of Acts in force has been gradually reduced by
repealing amending Acts once the amendments contained in the Acts have been
incorporated in a reprint. The Schedule continues this process.
The Schedule also repeals amending Acts and Acts containing uncommenced
provisions which are superfluous because the principal Acts they amend or to which
they relate have been repealed or amended in a way that would now make the provisions
inappropriate. The Acts to be repealed include the Land Aggregation Tax Act 1971 and
the Land Aggregation Tax Management Act 1971 (which is largely uncommenced).
These Acts were intended to discourage undue aggregation of certain freehold land used
for primary production if restrictions on transfer of the land were removed (after the
commencement of the Crown Lands and Other Lands (Amendment) Act 1970) by
imposing an aggregation tax on owners of such land. The tax has never been levied.
The Schedule also repeals a number of obsolete Acts. These include the following
Acts:
· the Canned Fruits Marketing Act 1979 which complemented an Act of the
Commonwealth which has been repealed
· the Egg Industry (Repeal and Deregulation) Act 1989 and the Potato Growers
Licensing Act 1940 which deal with schemes relating to regulation of
agricultural industries which are no longer carried out by the State
· the Maritime Services Co-ordination Board Act 1932 (which set up a Board to
carry out investigations in relation to the co-ordination of maritime services
before the enactment of the Maritime Services Act 1935)
· the Appropriation Acts 1965 to 1989 (section 23 (1) of the Public Finance and
Audit Act 1983 provides for the lapsing of every appropriation for any financial
year at the close of the year) and Supply Acts 1968 to 1989.
The effect of the repeal of amending Acts is explained in detail in the explanatory
note set out in Schedule 3.
SCHEDULE 4--GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
Schedule 4 contains savings, transitional and other provisions of a more general
effect than those set out m Schedule 1.
The purpose of each provision is explained in detail m the explanatory note relating
to the provision concerned set out m Schedule 4.