New South Wales Bills Explanatory Notes

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STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 1991

Act No. 17

STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 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* amendments to repealed Acts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 m a reprint under
the Reprints Act
* spent or unnecessary provisions of a saving or transitional nature
* validation provisions
(Schedule 3); and
(d) to repeal certain Acts containing uncommenced provisions (Schedule 3); and
(e) to make other provisions of a consequential or ancillary nature (Schedule 4).

SCHEDULE l--MINOR AMENDMENTS

Schedule 1 makes amendments to the following Acts:

Air Transport Act 1964 No. 36
Albury-Wodonga Development Act 1974 No. 47
Ambulance Services Act 1990 No. 16
Annual Holidays Act 1944 No. 31
Architects Act 1921 No. 8
Bread Act 1969 No. 54
Building and Construction Industry Long Service Payments Act 1986 No. 19
Business Franchise Licences (Petroleum Products) Act 1987 No. 94
Business Franchise Licences (Tobacco) Act 1987 No. 93


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Statute L a w (Miscellaneous Provisions) 1991
Children (Care and Protection) Act 1987 NO. 54
Children (Criminal Proceedings) Act 1987 NO. 55
Coal Mining Act 1973 No. 81
Commercial Vessels Act 1979 No. 41
Compensation Court Act 1984 NO. 89
Constitution Act 1902 No. 32
Crimes Act 1900 No. 40
Criminal Appeal Act 1912 No. 16
Criminal Procedure Act 1986 No. 209
Crown and Other Roads Act 1990 No. 54
Crown Lands Act 1989 No. 6
Crown Prosecutors Act 1986 No. 208
Drug Offensive Act 1987 No. 119
Education (Ancillary Staff) Act 1987 No. 240
Education Reform Act 1990 No. 8
Election Funding Act 1981 No. 78
Electricity Act 1945 (1946 No. 13)
Employment Protection Act 1982 No. 122
Energy Administration Act 1987 No. 103
Environmental Offences and Penalties Act 1989 No. 150
Factories, Shops and Industries Act 1962 No. 43
Forestry Act 1916 No. 55
Freedom of Information Act 1989 No. 5
Gaming and Betting Act 1912 No. 25
Government Insurance Act 1927 No. 18
Health Administration Act 1982 No. 135
Independent Commission Against Corruption Act 1988 No. 35
Industrial Arbitration Act 1940 No. 2
Justices Act 1902 No. 27
Lake Illawarra Authority Act 1987 No. 285
Land Tax Management Act 1956 No. 26
Landlord and Tenant (Rental Bonds) Act 1977 No. 44
Local Government Act 1919 No. 41
Long Service Leave Act 1955 No. 38
Long Service Leave (Metalliferous Mining Industry) Act 1963 No. 48
Lotto Act 1979 No. 53
Marine Administration Act 1989 No. 93
Maritime Services Act 1935 No. 47
Motor Accidents Act 1988 No. 102
Motor Accidents (Amendment) Act 1990 No. 90
National Parks and Wildlife Act 1974 No. 80
Ozone Protection Act 1989 No.. 208
Parramatta Stadium Trust Act 1988 No. 86
Plant Diseases Act 1924 No. 38
Police Regulation (Superannuation) Act 1906 No. 28
Poultry Processing Act 1969 No. 45
Prisons Act 1952 No. 9
Private Irrigation Districts Act 1973 No. 47
Public Sector Executives Superannuation Act 1989 No. 106
Residential Tenancies Act 1987 No. 26
Sentencing Act 1989 No. 87

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Act No. 17

Statute Law
(Miscellaneous
Provisions)
I991
State Authorities Non-contributory Superannuation Act 1987 NO. 212
State Authorities Superannuation Act 1987 No. 211
State Drug Crime Commission Act 1985 No. 117
State Sports Centre Trust Act 1984 No. 68
Statute Law (Miscellaneous Provisions) Act (No. 2) 1990 NO. 108
Statutory and Other Offices Remuneration Act 1975 (1976 NO. 4)
Subordinate Legislation Act 1989 No. 146
Superannuation Act 1916 No. 28
Swine Compensation Act 1928 No. 36
Therapeutic Goods and Cosmetics Act 1972 No. 14
Timber Marketing Act 1977 No. 72
Transport Administration Act 1988 No. 109
Treasury Corporation Act 1983 No. 75
Valuation of Land Act 1916 No. 2
Water Act 1912 No. 44
Water Board Act 1987 No. 141
The amendments to each Act are explained in detail in the explanatory note relating
to the Act concerned set out in Schedule 1.

A number of the amendments remove bars, which are based on age, on the
appointment of persons to offices or amend or repeal provisions which require
employees to retire from, or to vacate, office on or after attaining a specified age. These
amendments are consequential on the Anti-Discrimination (Compulsory Retirement)
Amendment Act 1990.

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 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 g 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.


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Statute Law (Miscellaneous Provisions) 1991
The Schedule also repeals a number of obsolete Acts relating to public works.

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.

The purpose of each provision is explained in detail in the explanatory note relating
to the provision concerned set out in Schedule 4.


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