New South Wales Bills Explanatory Notes

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STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 1997

[Act 1997 No 55]
New South Wales
Statute Law (Miscellaneous

Provisions) Bill 1997

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.*

Overview of Bill

The objects of this Bill are:

(a) to make minor amendments to various Acts and regulations
(Schedule l), and
(b) to amend certain other Acts for the purpose of effecting statute law
revision (Schedule 2), and
(c) to replace gender-specific language with gender-neutral language
(Schedule 3), and
(d) 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 4),
and
* Amended in committee--see table at end of volume.


Statute Law (Miscellaneous Provisions) Bill 1997 [Act 1997 No 55]
Explanatory note

(e) to repeal certain Acts (Schedule
and
(f) to make other provisions of a consequential or ancillary nature
(Schedule 6).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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 amendments

Schedule 1 makes amendments to the following Acts and regulations.

Bookmakers (Taxation) Act 1917 No 15
Community Land Development Act 1989 No 201
Conveyancing Act 1919 No 6
Director of Public Prosecutions Act 1986 No 207
Eastern Gas Pipeline (Special Provisions) Act 1996 No 126
Encroachment of Buildings Act 1922 No 23
Evidence Act 1995 No 25
Fertilizers Act 1985 No 5
Gas Supply Act 1996 No 38
Industrial Relations Act 1996 No 17
Interpretation Act 1987 No 15
Landlord and Tenant (Rental Bonds) Act 1977 No 44
Law Foundation Act 1979 No 32
Motor Accidents Act 1988 No 102

Explanatory note page 2


Statute Law (Miscellaneous Provisions) Bill 1997 [Act 1997 No 55]
Explanatory note

National Parks and Wildlife Act 1974 No 80
Public Authorities (Financial Arrangements) Act 1987 No 33
Public Authorities (Financial Arrangements) Regulation 1995
Real Property Act 1900 No 25
Roads Act 1993 No 33
Road Transport (Mass, Loading and Access) Regulation 1996
Roman Catholic Church Communities' Lands Act 1942 No 23
Roman Catholic Church Trust Property Act 1936 No 24
Strata Schemes Management Act 1996 No 138
Strata Titles Act 1973 No 68
Strata Titles (Leasehold) Act 1986 No 219
Subordinate Legislation Act 1989 No 146
Teacher Housing Authority Act 1975 No 27
Threatened Species Conservation Act 1995 No 101
Waste Minimisation and Management Act 1995 No 102
Wilderness Act 1987 No 196
The amendments to each Act and regulation 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.

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

Explanatory note page 3


Statute Law (Miscellaneous Provisions) Bill 1997 [Act 1997 No 55]
Explanatory note

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 language until it has all been
replaced.

Schedule 4 Amendments transferring provisions

Schedule 4 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 5 to the proposed Act) of those Acts.

Schedule 5 Repeals

Schedule 5 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 4) to their parent Act.

Schedule 6 General savings, transitional and other provisions

Schedule 6 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 6.

Explanatory note page 4


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