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STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL
(No. 2) 1992
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· amendments to repealed Acts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 or transitional nature
· validation provisions
(Schedule 3); and
(d) to repeal certain Acts which are no longer of practical utility (Schedule 3); and
(e) 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 to the Act
containing amendments, repeals and savings, transitional and other provisions.
Clause 6 makes it clear that the explanatory notes contained in the Schedules do not
form part of the proposed Act.
SCHEDULE 1--MINOR AMENDMENTS
Schedule 1 makes amendments to the following Acts:
Business Franchise Licences (Petroleum Products) Act 1987 No. 94
Business Franchise Licences (Tobacco) Act 1987 No. 93
Clean Air Act 1961 No. 69
Clean Waters Act 1970 No. 78
Conveyancing Act 1919 No. 6
Co-operation Act 1923 (1924 No. 1)
Crown Lands Act 1989 No. 6
Debits Tax Act 1990 No. 112
District Court Act 1973 No. 9
Environmental Offences and Penalties Act 1989 No. 150
Environmentally Hazardous Chemicals Act 1985 No. 14
Fire Brigades Act 1989 No. 192
Forestry Act 1916 No. 55
Friendly Societies Act 1989 No. 232
Health Insurance Levies Act 1982 No. 159
Industrial Relations Act 1991 No. 34
Interpretation Act 1987 No. 15
Judgment Creditors' Remedies Act 1901 No. 8
Land Tax Management Act 1956 No. 26
Local Courts (Civil Claims) Act 1970 No. 11
Local Government Act 1919 No. 41
Noise Control Act 1975 No. 35
Pay-roll Tax Act 1971 No. 22
Plant Diseases Act 1924 No. 38
Police Regulation (Superannuation) Act 1906 No. 28
Pollution Control Act 1970 No. 95
Protection of the Environment Administration Act 1991 No. 60
Soil Conservation Act 1938 No. 10
Stamp Duties Act 1920 No. 47
Supreme Court Act 1970 No. 52
Swimming Pools Act 1992 No. 49
Sydney Market Authority Act 1968 No. 11
Transport Administration Act 1988 No. 109
Valuation of Land Act 1916 No. 2
Waste Disposal Act 1970 No. 97
Wild Dog Destruction Act 1921 No. 17
The amendments to each Act are explained in detail in the explanatory note relating
to the Act concerned set out in Schedule 1.
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 in 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 to Acts listed in Schedule 2 relate to land acquisition
and are purely consequential on the enactment of the Land Acquisition (Just Terms
Compensation) Act 1991. A full explanation of the purpose of these amendments is set
out in the explanatory note relating to the amendments to the Aboriginal Land Rights
Act 1983. A number of other amendments are made relating to formal drafting matters
and minor corrections.
The amendments to each Act are explained in detail in the explanatory note relating
to the Act concerned set out in Schedule 2.
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 Schedule also repeals a number of obsolete Acts. These include the following
Acts:
· the Census Act 1901 which was superseded by arrangements for the taking of a
national census
· the Statute Law Revision Act 1924 which repealed various obsolete Acts
· the State Taxation Collection Act 1942 which enabled arrangements to be made
for the Commonwealth to collect arrears of State income tax on the State's
behalf following the handover of the power to collect income tax to the
Commonwealth during World War II
· the Land Sales Control Act 1948 which was in force only for a period of 12
months from 20 September 1948
· the General Loan Account Appropriation Acts 19541981 which were required
when a distinction existed between Consolidated Revenue and General Loan
appropriations (General Loan appropriations ceased with the 198182 Budget)
· various Acts dealing with area adjustments which revoked the reservation or
dedication of lands as, or as parts of, national parks and nature reserves and
which are now spent
· the Elizabeth Bay House Trust (Repeal) Act 1980 which repealed the Elizabeth
Bay House Trust Act 1977, dissolved the Elizabeth Bay House Trust and vested
its property in the Historic Houses Trust of New South Wales
· the New South Wales Government Engineering and Shipbuilding Undertaking
(Repeal) Act 1987 which repealed various legislative provisions relating to the
New South Wales Government Engineering and Shipbuilding Undertaking and
the State Dockyard of New South Wales
· certain Appropriation, Parliamentary Committees Enabling and Supply Acts
which operated for limited periods that have now expired.
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 in Schedule 1 or 2.
The purpose of each provision is explained in detail in the explanatory note relating
to the provision concerned set out in Schedule 4.