STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (NO 2) 2001 - SCHEDULE 2
This legislation has been repealed.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (NO 2) 2001 - SCHEDULE 2
SCHEDULE 2 – Amendments by way of statute law revision
2.1 - Agricultural Industry Services Act 1998 No 45
[1] Section 21
Renumber subsections (3) and (4) (as inserted by the Corporations (Consequential Amendments) Act 2001 ) as subsections (2A) and (2B) respectively.
[2] Section 21 (2B) (as renumbered by item [1])
Omit "subsection (3)". Insert instead "subsection (2A)".
Note: The proposed amendments correct a duplication of subsection numbers.
2.2 - Associations Incorporation Act 1984 No 143
Section 3
Omit "Commissioner"
from the definition of
"approved".
Insert instead "Director-General".
Note: The proposed amendment updates a reference to an office holder.
2.3 - Bail Regulation 1999
Clause 23 Prescribed information respecting forfeiture of bail money
Omit the clause.
Note: The proposed amendment omits a redundant clause in a regulation, the empowering provision for which has been repealed.
2.4 - Betting Tax Act 2001 No 43
[1] Section 12 Rebate of tax to racing clubs
Omit " section 6" from section 12 (1). Insert instead "Part 2".
[2] Schedule 3 Amendment of Totalizator Act 1997
Omit "section 71 (4)" from Schedule 3 [5]. Insert instead "section 71 (3)".
Note: Item [1] of the proposed amendments corrects a cross-reference.
Item [2] of the proposed amendments corrects an incorporating direction.
2.5 - Business Names Act 1962 No 11
Section 4
Omit "Commissioner" from the
definition of
"approved" in section 4 (1).
Insert instead "Director-General".
Note: The proposed amendment updates a reference to an office holder.
2.6 - Confiscation of Proceeds of Crime Act 1989 No 90
Section 4
Omit "State Drug
Crime Commission" from paragraph (b) of the definition of
"prescribed authority" in section 4 (1).
Insert instead "New South Wales Crime Commission".
Note: The proposed amendment updates a reference to a statutory body.
2.7 - Conveyancing (Sale of Land) Regulation 2000
Schedule 3
Omit " Energy
Services Corporation Act 1995 " from item 3 of Part 3.
Insert instead " Energy Services Corporations Act 1995 ".
Note: The proposed amendment corrects the citation of an Act.
2.8 - Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11
Section 129
Omit "entitities" from section 129 (a). Insert instead "entities".
Note: The proposed amendment corrects a typographical error.
2.9 - Co-operatives Regulation 1997
Clause 15
Omit " Corporations (Ancillary
Provision) Act 2001 " from clause 15 (1).
Insert instead " Corporations (Ancillary Provisions) Act 2001 ".
Note: The proposed amendment corrects the citation of an Act.
2.10 - Corporations (Consequential Amendments) Act 2001 No 34
[1] Schedule 4
Omit
"articles or association" from Schedule 4.58 [22].
Insert instead "articles of association".
[2] Schedule 4.62
Omit "53" wherever occurring and in the Explanatory note to
the Schedule item.
Insert instead "58".
Note: The proposed amendments correct incorporating directions.
2.11 - Crimes (Administration of Sentences) Act 1999 No 93
Schedule 5
Renumber Part 3 and clause 60 (as inserted by the Crimes (Administration of Sentences) Amendment Act 2000 ) as Part 2A and clause 59A respectively.
Note: The proposed amendment rectifies a duplication of numbers.
2.12 - Criminal Assets Recovery Act 1990 No 23
Section 4
Omit the definition of "Commission" from section 4 (1). Insert instead:
"Commission" means the New South Wales Crime Commission constituted under the New South Wales Crime Commission Act 1985 .
Note: The proposed amendment updates a reference to a statutory body and the Act under which it is constituted.
2.13 - Criminal Records Act 1991 No 8
Section 13
Omit "State Drug Crime Commission" from paragraph (h) of the
definition of
"law enforcement agency" in section 13 (5).
Insert instead "New South Wales Crime Commission".
Note: The proposed amendment updates a reference to a statutory body.
2.14 - Crown Lands (General Reserves) By-law 2001
[1] Schedule 1 Reserves to which this By-law applies
Insert "Reserve" after "Moonee Beach" in the matter relating to Moonee Beach in the column headed "Reserve name" in Part 1 of Schedule 1.
[2] Schedule 1, matter relating to Moonee Beach
Omit "Reserve" where secondly occurring in the column headed "Corporate name".
Note: The proposed amendments correct errors arising from the transposition of a word.
2.15 - Dust Diseases Tribunal Act 1989 No 63
Section 10 Jurisdiction and functions of the Tribunal
Insert "declared to be" after "following matters are" in section 10 (6).
Commencement
The proposed amendment is taken to have commenced on 15 July 2001.
Note: The proposed amendment ensures that consistent terminology is used in provisions that invoke section 5F of the Corporations Act 2001 of the Commonwealth.
2.16 - Entertainment Industry Act 1989 No 230
Section 4
Omit
"mean" from the definition of
"director" in section 4 (1).
Insert instead "meaning".
Note: The proposed amendment corrects a typographical error.
2.17 - Environmental Planning and Assessment Regulation 2000
Clause 3
Renumber paragraphs (d) and (e) of the definition of "fire safety schedule" as paragraphs (a) and (b).
Note: The proposed amendment corrects an error in paragraph numbering.
2.18 - Exotic Diseases of Animals Act 1991 No 73
Section 3
Omit the section. Insert instead:
3 Definitions Words and expressions that are defined in the Dictionary at the end of this Act have the meanings set out in that Dictionary.
Note: The proposed amendment removes a listing of terms defined in the Dictionary.
2.19 - Forestry Act 1916 No 55
[1] Section 27
Omit "or, or" from section 27 (3) (a) (v).
[2] Section 27 (3) (a) (vi)
Renumber the subparagraph (as inserted by the Rural Lands Protection Act 1998 ) as subparagraph (va) and insert "or" at the end of the subparagraph.
Note: Item [1] of the proposed amendments omits redundant words.
Item [2] of the proposed amendments corrects paragraph numbering.
2.20 - Freight Rail Corporation (Sale) Act 2001 No 35
[1] Section 2
Omit the section. Insert instead:
2 Commencement(1) This Act (other than section 53 and Schedule 3) is taken to have commenced on 13 July 2001.(2) Section 53 and Schedule 3 to this Act commence on a day or days to be appointed by proclamation.
Note: A proclamation commencing the Freight Rail Corporation (Sale) Act 2001 (other than section 53 and Schedule 3) on 13 July 2001 was published in Gazette No 111 of 13 July 2001 at page 5369. An earlier proclamation purporting to commence the whole of the Act on 6 July 2001 should not have been published. The mistake was corrected by an erratum notice published in Gazette No 111 of 13 July 2001 at page 5370. The amendment confirms the effect of the proclamation published on 13 July 2001.
[2] Schedule 1 clause 1
Omit "from whom any assets" from the definition of
"transferee".
Insert instead "to whom any assets".
Omit "to whom any assets" from the definition of
"transferor".
Insert instead "from whom any assets".
Note: Schedule 1 to the Freight Rail Corporation (Sale) Act 2001 deals with the transfer of assets, rights and liabilities (under transfer orders to be made pursuant to the sale of FreightCorp) from the transferor to the transferee. The amendment corrects a mistake in the definitions of "transferee" and "transferor" caused by the transposition of the terms "to whom" and "from whom".
2.21 - Funeral Funds Act 1979 No 106
[1] Section 74A
Omit "Registrar
of Funeral Funds" from section 74A (1) (a).
Insert instead "Director-General of the Department of Fair Trading".
[2] Section 74A (1) (a)
Omit "Registrar" where secondly occurring.
Insert instead "Director-General".
[3] Section 74A (1) (b)
Omit "Registrar of Funeral Funds" where firstly
occurring.
Insert instead "Director-General of the Department of Fair Trading".
[4] Section 74A (1) (b)
Omit "Registrar of Funeral Funds" where secondly
occurring.
Insert instead "Director-General".
Note: The proposed amendments update references to an office holder.
2.22 - Home Building Legislation Amendment Act 2001 No 51
[1] Schedule 7
Omit "from" from Schedule 7 [8]. Insert instead "wherever occurring in".
[2] Schedule 9
Omit so much of Schedule 9 [2] as inserts clause 56 into Part 8 of Schedule 4 to the Home Building Act 1989 .
Note: Item [1] of the proposed amendments clarifies an incorporation direction.
Item [2] of the proposed amendments omits an uncommenced provision that validates certain certificates of insurance provided under insurance contracts issued by HIH Casualty and General Insurance Limited or FAI General Insurance Company Limited. The clause is now redundant as the certificates of insurance concerned have been validated by clause 67 of Schedule 4 to the Home Building Act 1989 as inserted by the Insurance (Policyholders Protection) Legislation Amendment Act 2001 .
2.23 - Hunters Hill Congregational Church Act 1977 No 30
Section 9
Omit "persn" from section 9 (1) (b). Insert instead "person".
Note: The proposed amendment corrects a typographical error.
2.24 - Innovation Council Act 1996 No 77
Schedule 1
Omit "renumeration" from clause 4 (4). Insert instead "remuneration".
Note: The proposed amendment corrects a typographical error.
2.25 - Motor Accidents Compensation Regulation (No 2) 1999
Clause 16AA Third-party insurance policies issued under Motor Accidents Act 1988 where insurer becomes insolvent
Omit the clause.
Note: The proposed amendment omits a provision of a savings and transitional nature that is transferred to the Motor Accidents Compensation Act 1999 by an amendment made in Schedule 4.
2.26 - Ombudsman Act 1974 No 68
Schedule 1
Omit item 19. Insert instead:
19 Conduct of a public authority where acting as a member of the New South Wales Crime Commission, or the New South Wales Crime Commission Management Committee, under the New South Wales Crime Commission Act 1985 .
Note: The proposed amendment updates references to statutory bodies and to an Act.
2.27 - Passenger Transport (Private Hire Vehicle Services) Regulation 2001
Schedule 1
Omit "employer" from Column 3 of the matter relating to
clause 24 (2) in Part 2.
Insert instead "employee".
Note: The proposed amendment corrects a typographical error.
2.28 - Prevention of Cruelty to Animals Act 1979 No 200
Section 8
Omit " Rural Lands
Protection Act 1989 " from section 8 (4).
Insert instead " Rural Lands Protection Act 1998 ".
Note: The proposed amendment updates a reference to an Act.
2.29 - Protection of the Environment Operations Act 1997 No 156
Section 146D Littering reports
Omit "or the State Waste Advisory Council" from section 146D (5).
Note: The proposed amendment omits a reference to a body that was abolished by the Waste Avoidance and Resource Recovery Act 2001 .
2.30 - Racing Administration Act 1998 No 114
Section 26I
Omit "Mininster" from section 26I (6). Insert instead "Minister".
Note: The proposed amendment corrects a typographical error.
2.31 - Rural Lands Protection (General) Regulation 2001
Schedule 6
Omit "18 (2)" from Column 1 of Part 2. Insert instead "18 (3)".
Note: The proposed amendment corrects a cross reference.
2.32 - State Owned Corporations Act 1989 No 134
[1] Schedule 6
Insert "of any requirement" after "contravention" in clause 2 (2).
[2] Schedule 7
Insert "of any requirement" after "contravention" in clause 2 (2).
Note: The proposed amendments give effect to amendments made by the Statute Law (Miscellaneous Provisions) Act 2001 that were unincorporable because the Schedules were replaced before that Act came into force. Those amendments inserted omitted words.
2.33 - Statute Law (Miscellaneous Provisions) Act 2001 No 56
[1] Schedule 1
Insert "where firstly occurring" after "controlled activity" in Schedule 1.22 [2].
[2] Schedule 4
Omit " Consumer Credit (New South Wales) Act 1993 No 7 ".
Insert instead " Consumer Credit (New South Wales) Act 1995 No 7 ".
Commencement
Item [2] of the amendments to the Statute Law (Miscellaneous Provisions) Act 2001 is taken to have commenced on 17 July 2001.
Note: Item [1] of the proposed amendments clarifies an incorporation direction.
Item [2] of the proposed amendments corrects the citation of an Act.
2.34 - Superannuation Administration (Electricity Superannuation Scheme Transitional Provisions) Regulation 1997
[1] Part 5 (where firstly occurring)
Renumber the Part as Part 6 and insert it after clause 39.
[2] Part 6 (as renumbered)
Renumber clauses 18 and 19 as clauses 40 and 41.
Note: The proposed amendments correct duplicated numbering.
2.35 - Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997
[1] Part 5 (where firstly occurring)
Renumber the Part as Part 6 and insert it after clause 40.
[2] Part 6 (as renumbered)
Renumber clauses 19 and 20 as clauses 41 and 42.
Note: The proposed amendments correct duplicated numbering.
2.36 - Telecommunications (Interception) (New South Wales) Act 1987 No 290
[1] Section 3
Omit "State Drug Crime Commission" wherever occurring.
Insert instead "New South Wales Crime Commission".
[2] Section 21
Omit " State Drug Crime Commission Act 1985 " from paragraph
(b) (iv).
Insert instead " New South Wales Crime Commission Act 1985 ".
Note: The proposed amendments update references to a statutory body and the Act under which it is constituted.
2.37 - Trade Measurement Administration Act 1989 No 234
Section 5
Omit "Commissioner" in section 5 (2). Insert instead "Director-General".
Note: The proposed amendment updates a reference to an office holder.
2.38 - Victims Compensation Rule 1997
Clause 12E
Omit " Local Court (Civil Claims)
Act 1970 " from clause 12E (2).
Insert instead " Local Courts (Civil Claims) Act 1970 ".
Note: The proposed amendment corrects the citation of an Act.
2.39 - Warnervale Airport (Restrictions) Act 1996 No 57
Section 8
Omit "incease" from section 8 (4). Insert instead "increase".
Note: The proposed amendment corrects a typographical error.
2.40 - Waste Avoidance and Resource Recovery Act 2001 No 58
[1] Section 18
Omit the last sentence of section 18 (2).
[2] Section 18 (4)
Insert after section 18 (3):
(4) The EPA is, not later than 3 months after the closing date for submissions, to publish a report on any submissions received by the EPA and to make the report available to the public.
[3] Section 19
Insert "Waste" before "Fund" in section 19 (3).
Note: Items [1] and [2] of the proposed amendments transfer a provision to a more appropriate part of a section.
Item [3] of the proposed amendments inserts an omitted word.
2.41 - Water Management Act 2000 No 92
[1] Section 198
Omit the definitions of "ratable land" and "ratable person".
[2] Section 201
Omit "members" from section 201 (4) (a). Insert instead "directors".
Note: Item [1] of the proposed amendments omits defined terms that are not used in the Act.
Item [2] of the proposed amendments corrects a reference to office holders.
2.42 - Workers Compensation Act 1987 No 70
Section 147
Insert "declared to be" after "following matters are" in section 147 (5).
Commencement
The proposed amendment is taken to have commenced on 15 July 2001.
Note: The proposed amendment ensures that consistent terminology is used in provisions that invoke section 5F of the Corporations Act 2001 of the Commonwealth.