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Provisions) Bill (No 2) 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
to make minor amendments to various Acts and regulations
(Schedule l), and
to amend certain other Acts for the purpose of effecting statute law
revision (Schedule 2), and
to replace gender-specific language with gender-neutral language
(Schedule 3), and
to make minor amendments consequential on the enactment of the
Industrial Relations Act 1996 (Schedule 4), and
to transfer certain savings and transitional provisions of on-going
effect from some amending Acts into the relevant Principal Act, so as
to permit the repeal of otherwise obsolete amending Acts (Schedule 5),
and
* Amended in committee--see table at end of volume.
(f)
to repeal certain Acts (Schedule 6), and
(g) to make other provisions of a consequential or ancillary nature
(Schedule 7).
Clause 2 provides for the commencement of the proposed Act.
Clauses 35 are machinery provisions that give effect to the Schedules of 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 amemdments
Schedule 1 makes amendments to the following Acts and regulations:
Casino Control Act 1992 No 15
Drug Misuse and Trafficking Act 1985 No 226
Electricity Supply Act 1995 No 94
Energy Services Corporations Act 1995 No 95
Freedom of Information Act 1989 No 5
Greyhound Racing Control Board Act 1985 No 119
Interpretation Act 1987 No 15
Irrigation Corporations Act 1994 No 41
Landlord and Tenant (Rental Bonds) Act 1977 No 44
Local Government Act 1993 No 30
Local Government (Consequential Provisions) Act 1993 No 32
National Parks and Wildlife Act 1974 No 80
Noxious Weeds Act 1993 No 11
Poisons and Therapeutic Goods Act 1966 No 3 1
Poisons and Therapeutic Goods Regulation 1994
Police Regulation (Superannuation) Act 1906 No 28
Public Authorities (Financial Arrangements) Act 1987 No 33
Public Authorities (Financial Arrangements) Regulation 1995
Explanatory note page 2
Royal Blind Society of New South Wales Act 1901 No 56
State Authorities Non-contributory Superannuation Act 1987 No 212
State Authorities Superannuation Act 1987 No 211
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Subordinate Legislation Act 1989 No 146
Superannuation Act 1916 No 28
Superannuation Administration Act 1996 No 39
Threatened Species Conservation Act 1995 No 101
Water Act 1912 No 44
The amendments to each Act are explained in detail in the explanatory note
relating to the Act concerned set out in Schedule 1.
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 other amendments are made relating to formal drafting
matters and minor corrections. Several of the amendments update references
to statutory bodies and statutory offices.
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
Amendments replacing gender-specific
language
Schedule 3 substitutes gender-neutral language for the gender-specific
language in various Acts. A policy of using gender-neutral language in New
South Wales legislation was formally announced by the Governor in his
speech for the opening of Parliament on 16 August 1983 and has been strictly
applied ever since. However, gender-specific language remains in many of
the statutes currently in force that were enacted before the policy was
implemented. It is intended that the statute law revision program will
continue the process of removal of that
until it has all been
replaced.
Explanatory note page 3
Schedule 4
Minor amendments
on
enactment of Industrial Relations Act 1996
Schedule 4 makes amendments to certain Acts that are consequential on the
enactment of the Industrial Relations Act 1996.
The Industrial Relations Act 1996 revised the law concerning industrial
relations and repealed the Industrial Relations Act 1991 (which in turn had
repealed the Industrial Arbitration Act 1940, the Trade Union Act 1881 and
the Truck Act 1900). The object of the Schedule is to make minor
amendments of a statute law revision nature so that changes made by the
Industrial Relations Act 1996 are reflected in other New South Wales
legislation.
The Schedule replaces references to repealed provisions of the Industrial
Relations Act 1991, the Industrial Arbitration Act I940 and the other
repealed Acts with the appropriate references to the Industrial Relations Act
1996. (References to the repealed Acts are affected by clause 40 of Schedule
4 to the Industrial Relations Act 1996, which provides for the construction of
those references.)
The Schedule also amends references to judicial bodies, and other
organisations, that were made redundant by the repeal of the repealed Acts.
The following table indicates some of the changes:
Old term New term
Industrial Court
Industrial Relations Commission in
Court Session
Industrial Commission
Industrial Relations Commission
Conciliation Committee
Industrial Committee
award or agreement
State industrial instrument
industrial agreement or enterprise enterprise agreement
agreement
industrial union of employees or industrial organisation of employees or
employers employers
The Schedule also makes minor amendments of a statute law revision nature
to the Industrial Relations Act I996 and repeals an uncommenced amending
provision of that Act.
Explanatory note page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 1996 [Act 1996 No 121]
Explanatory note
Schedule 5 Amendment transferring provisions
Schedule 5 transfers into their parent Act a number of savings, transitional
and other provisions of on-going effect contained in certain amending Acts,
the other provisions of which have been incorporated in reprints or are spent.
The removal of these provisions from the amending Acts permits the repeal
(by Schedule 6 to the proposed Act) of those Acts.
Schedule 6
Repeals
Schedule 6 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. It also
repeals certain other amending Acts, the on-going provisions of which are
transferred (by Schedule 5) to their parent Act and repeals several Acts which
are no longer of practical utility.
Schedule 7
General savings, transitional and other
provisions
Schedule 7 contains savings, transitional and other provisions of a more
general effect than those set out in Schedule 1.
The purpose of each provision is explained in detail in the explanatory note
relating to the provision concerned set out in Schedule 7.
Explanatory note page 5