STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (NO 2) 2006 - SCHEDULE 1
This legislation has been repealed.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (NO 2) 2006 - SCHEDULE 1
SCHEDULE 1 – Minor amendments
1.1 - Australian Museum Trust Act 1975 No 95
Schedule 1 Composition and procedure of the Trust
Insert after clause 8:
8A Disclosure of pecuniary interests(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trust, and(b) the interest appears to raise a conflict with the proper performance of the trustee's duties in relation to the consideration of the matter,the trustee must, as soon as possible after the relevant facts have come to the trustee's knowledge, disclose the nature of the interest at a meeting of the Trust.(2) A disclosure by a trustee at a meeting of the Trust that the trustee:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).(3) Particulars of any disclosure made under this clause must be recorded by the Trust in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Trust.(4) After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the Trust otherwise determines:(a) be present during any deliberation of the Trust with respect to the matter, or(b) take part in any decision of the Trust with respect to the matter.(5) For the purposes of the making of a determination by the Trust under subclause (4), a trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Trust for the purpose of making the determination, or(b) take part in the making by the Trust of the determination.(6) A contravention of this clause does not invalidate any decision of the Trust.(7) This clause applies to a member of a committee of the Trust and the committee in the same way as it applies to a trustee of the Trust and the Trust.
Note: The proposed amendment requires a trustee of the Australian Museum Trust ( "the Trust") to disclose any pecuniary interest the trustee may have in any matter considered by the Trust that may raise a conflict with the proper performance of the trustee's duties. After a trustee has disclosed a pecuniary interest, the trustee must not, unless the Trust otherwise determines, be present during any deliberation, or take part in any decision, of the Trust with respect to the matter.
1.2 - Children (Interstate Transfer of Offenders) Act 1988 No 85
Section 3 Definitions
Omit paragraph (b) from the definition of "Minister". Insert instead:
(b) in the case of the Australian Capital Territory--a person holding Ministerial office under the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, or
Note: The Children (Interstate Transfer of Offenders) Act 1988 allows the Minister for Juvenile Justice to enter into certain arrangements with a Minister of another State or Territory to facilitate the transfer of young offenders to, from and through New South Wales. The proposed amendment updates the definition of "Minister" (in relation to the Australian Capital Territory) under that Act to reflect the change of the Australian Capital Territory to self-government.
1.3 - Commercial Agents and Private Inquiry Agents Act 2004 No 70
Sections 10 (1) and 17 (1)
Omit "becomes" wherever occurring. Insert instead "is".
Note: Sections 10 (1) and 17 (1) of the Commercial Agents and Private Inquiry Agents Act 2004 currently require the Commissioner of Police to cancel a master licence or an operator licence, respectively, if the licensee "becomes" a disqualified individual or corporation (as the case may be). This suggests that the provisions do not apply to a licensee unless the licensee becomes disqualified after being licensed. The proposed amendment amends those provisions so as to require cancellation of a licence if it is discovered that a licensee is a disqualified individual or corporation after a licence was granted as well as before it was granted.
1.4 - Commission for Children and Young People Amendment Act 2005 No 108
Schedule 1 Amendment of Commission for Children and Young People Act 1998
Insert ", or otherwise attempt to obtain," after "apply for" in proposed section 33C (1) (a) in Schedule 1 [31].
Note: The proposed amendment amends an uncommenced provision of the Commission for Children and Young People Act 1998 inserted by the Commission for Children and Young People Amendment Act 2005 .
Under proposed section 33C (1) (a) of the Commission for Children and Young People Act 1998 , a prohibited person must not apply for child-related employment. The proposed amendment makes it clear that the provision extends to a prohibited person who otherwise attempts to obtain child-related employment. A "prohibited person" is a person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence (as defined in proposed section 33B of the Commission for Children and Young People Act 1998 ) or who is a registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 .
1.5 - Contaminated Land Management Act 1997 No 140
[1] Section 53D Annual returns and other notifications
Omit "March" from section 53D (2). Insert instead "July".
[2] Section 53D (6), definition of "return period"
Omit "1 March and ending
on the last day of February".
Insert instead "1 July and ending on 30 June".
[3] Schedule 2 Savings and transitional provisions
Insert after clause 10:
11 Annual returns and other notifications Despite the definition of "return period" in section 53D (6), the return period for the year ending 30 June 2007 is, for the purposes of section 53D, to commence on 1 March 2006 rather than 1 July 2006.
Note: Section 53D (1) of the Contaminated Land Management Act 1997 ( "the Principal Act") provides that an accredited site auditor must furnish the Environment Protection Authority with a return that shows site audits that have been commenced or completed during the return period. Currently, the return period is the year commencing on 1 March and ending on the last day of February. The return must be furnished not later than the 31 March next following the end of the return period.
Item [1] of the proposed amendments amends section 53D (2) of the Principal Act to provide that the return must now be furnished by a site auditor not later than the 31 July next following the end of the return period.
Item [2] of the proposed amendments amends the definition of "return period" in section 53D (6) of the Principal Act so that the return period is now the year commencing on 1 July and ending on 30 June.
Item [3] of the proposed amendments inserts a transitional provision which provides that the return period for the 2006-2007 year is the period commencing on 1 March 2006 and ending on 30 June 2007.
1.6 - Conveyancing Act 1919 No 6
[1] Section 195D Signatures and consents
Insert after section 195D (3):
(3A) Without limiting the other provisions of this section, if a plan presented for lodgment under this Division purports to have been executed under a power of attorney, the Registrar-General may refuse:(a) to accept the plan for lodgment, or(b) to register or record the plan or take any other action in respect of it,unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003 .
[2] Section 203AA
Insert after section 203:
203AA Keeping of plans and other documents(1) The Registrar-General may keep plans and other documents lodged with the Registrar-General under this or any other Act (whether lodged for registration or recording or for another purpose) in or on any medium or combination of media capable of having information recorded in or on it or them.(2) Subsection (1) applies regardless of whether the plans or other documents were lodged manually or electronically.(3) The Registrar-General may, from time to time, vary the manner or form in which the plans and other documents are kept.(4) This section does not apply to any plan or other document that is required to be kept in a manner or form specified in or under any other provision of this Act or in or under any provision of any other Act.
Note: Item [1] of the proposed amendments inserts in the Conveyancing Act 1919 ( "the Principal Act") a provision that permits the Registrar-General to refuse to accept for lodgment under Division 3 (Plans) of Part 23 (Registration) of the Principal Act, or to register or record, a plan that purports to have been executed under a power of attorney, unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003 . The proposed provision is similar to section 36 (2) of the Real Property Act 1900 .
Item [2] of the proposed amendments inserts proposed section 203AA in the Principal Act. The proposed section provides that the Registrar-General may keep plans or other documents lodged with the Registrar-General "in or on any medium or combination of media capable of having information recorded in or on it or them" (unless another provision of the Principal Act, or a provision of another Act, specifies the way in which the plans or documents are to be kept). Section 184C (3) and (4) of the Principal Act contain provisions to similar effect in relation to the General Register of Deeds maintained for the purposes of Division 1 (General Register of Deeds) of Part 23 (Registration) of the Principal Act.
1.7 - Co-operatives Act 1992 No 18
Section 178 Effect of relevant share and voting interests on voting rights
Omit "A member" from
section 178 (1).
Insert instead "Subject to section 176 (5) and (6), a member".
Note: The proposed amendment clarifies that section 178 of the Co-operatives Act 1992 , which deals with the effect of relevant shares and voting interests on voting rights, is to be read subject to section 176 (5) and (6) of that Act (which deal with joint membership and joint share holdings).
1.8 - Criminal Procedure Act 1986 No 209
[1] Schedule 1 Indictable offences triable summarily
Omit "serious offence" from clause 15 (1) in Table
1.
Insert instead "serious indictable offence".
[2] Schedule 1, Table 1
Insert after clause 23A:
23AA Royal Commissions Act 1923 An offence under section 21, 22 or 23A of the Royal Commissions Act 1923 .
23AB Special Commissions of Inquiry Act 1983 An offence under section 27, 28 or 30 of the Special Commissions of Inquiry Act 1983 .
Note: Item [1] of the proposed amendments updates terminology.
Item [2] of the proposed amendments requires certain offences under the Royal Commissions Act 1923 or the Special Commissions of Inquiry Act 1983 to be tried summarily unless the person charged or prosecutor elects otherwise. The offences relate to the giving of false or misleading testimony, subornation and delay or obstruction.
1.9 - Crown Lands Act 1989 No 6
[1] Section 102A Minister's consent not required for certain leases, licences or easements
Omit section 102A (1). Insert instead:
(1) This section applies to a reserve trust managed by any of the following:(a) a trust board or a corporation (other than a council) that has been appointed under section 93 or 95, but only if the land comprising the reserve for which the reserve trust has been appointed as trustee is being used, occupied or administered by a government agency (other than a rural lands protection board),(b) a council that has been appointed under section 95.
[2] Section 102A (6)
Omit "council" where firstly occurring.
Insert instead "trust board, corporation or council concerned".
[3] Section 102A (6) (a)
Insert "trust board, corporation or" before "council".
[4] Section 102A (6) (b)
Insert "in the case of a reserve trust managed by a council--" before "any public".
Note: Section 102A of the Crown Lands Act 1989 enables a reserve trust managed by a council, if authorised to do so by the Minister for Lands, to grant a lease, licence or easement over a Crown reserve without having to obtain the Minister's consent each time. Item [1] of the proposed amendments extends this power to reserve trusts managed by a trust board or corporation if the Crown reserve concerned is being used, occupied or administered by a government agency (other than a rural lands protection board).
Items [2]-[4] are consequential amendments.
1.10 - Film and Television Office Act 1988 No 18
[1] Section 3 Definitions
Omit the definition of "Director" from section 3 (1). Insert instead:
"chief executive officer" means the chief executive officer of the Office holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 .
[2] Sections 6D, 6E and 9A
Omit "Director" wherever occurring. Insert instead "chief executive officer".
[3] Schedule 1 Savings, transitional and other provisions
Insert after Part 3:
Part 4 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2006
8 Construction of references to Director Unless the regulations otherwise provide, on and from the commencement of this clause, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind, to the Director of the New South Wales Film and Television Office is to be read as a reference to the chief executive officer of the New South Wales Film and Television Office.
Note: Items [1] and [2] of the proposed amendments rename the position of Director of the New South Wales Film and Television Office as chief executive officer of the Office. The role of the position is unchanged.
Item [3] of the proposed amendments is a savings and transitional provision that provides for references to the Director of the New South Wales Film and Television Office to be read as references to the chief executive officer of the Office.
1.11 - Fisheries Management Act 1994 No 38
[1] Schedule 7 Savings, transitional and other provisions
Omit ", but only until the commencement of the management plan for the fishery" from clause 6D (2).
[2] Schedule 7, clause 6D (2A)
Insert after clause 6D (2):
(2A) A shareholder in a fishery (within the extended meaning of that expression given by section 77A (8)) is not required to pay a rental charge under section 77A in respect of any period that is after the beginning of the first period for which a community contribution for right of access to the fishery is payable under the management plan for the fishery.
Note: Clause 6D of Schedule 7 to the Fisheries Management Act 1994 ( "the Principal Act") is a transitional provision that provides for the continuation of the payment of rental charges under section 77A of the Principal Act for access to fisheries following the transition of those fisheries from category 2 share management fisheries to category 1 share management fisheries. The payment of charges for access to a category 1 share management fishery is normally dealt with under the management plan for the fishery. However, the management plans for the new category 1 share management fisheries are yet to commence. Currently, clause 6D provides that a shareholder in a fishery is required to pay the rental charge under section 77A of the Principal Act only until the commencement of the management plan for the fishery, but this does not take into account the possibility that the provisions of the management plan dealing with rental charges may take effect at a later date.
Item [1] of the proposed amendments omits the requirement that a shareholder in a fishery is required to pay the rental charge under section 77A of the Principal Act only until the commencement of the management plan for the fishery.
Item [2] of the proposed amendments provides that a shareholder in a fishery is not required to pay a rental charge under section 77A of the Principal Act in respect of any period that is after the beginning of the first period for which a community contribution for right of access to the fishery is payable under the management plan for the fishery.
1.12 - Food Act 2003 No 43
[1] Section 102 Regulations relating to establishment of food safety schemes
Omit section 102 (6) and (7).
[2] Section 139 Regulations
Insert after section 139 (2B):
(2C) The regulations may provide for an application to be made to the Administrative Decisions Tribunal by a person for a review of a decision, of a class prescribed by the regulations, that is made under this Act or the regulations.
(2D) A regulation referred to in subsection (2C) may be made only with the concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 .
Note: Item [1] of the proposed amendments repeals section 102 (6) and (7) of the Food Act 2003 ( "the Principal Act"). Currently, section 102 (6) and (7) enable the regulations under the Principal Act to provide that a person may make an application to the Administrative Decisions Tribunal for a review of a decision under the regulations in relation to a licence or an application for the granting of a licence. Such a regulation may not be made without the concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 .
Item [2] of the proposed amendments inserts into the general regulation-making power in section 139 of the Principal Act, provisions enabling the regulations to allow a person to make an application to the Administrative Decisions Tribunal for a review of any decision made under the Principal Act or the regulations that is a decision of a class prescribed by the regulations. The concurrence of the Minister administering the Administrative Decisions Tribunal Act 1997 is required for the making of any such regulation.
1.13 - Funeral Funds Act 1979 No 106
[1] Section 49J Cooling-off period
Omit
"pre-paid funeral fund" from section 49J (1).
Insert instead "funeral service supplier, or the person's legal
representative,".
[2] Section 49J (1)
Omit "the fund". Insert instead "the funeral service supplier".
[3] Section 49J (2)
Omit "If a person".
Insert instead "If a person or the person's legal representative".
[4] Section 49J (2)
Omit "pre-paid funeral fund" wherever occurring.
Insert instead "funeral service supplier".
[5] Section 49J (3)
Insert after section 49J (2):
(3) In this section:
"funeral service supplier" means a person who agrees to supply a funeral service under a pre-paid contract.
Note: Pre-paid contracts, within the meaning of the Funeral Funds Act 1979 ( "the Principal Act"), are contracts under which a person pays for the person's funeral before he or she dies. Section 49J of the Principal Act provides for a cooling-off period for any such contract. However, that section incorrectly states that the pre-paid contract is between the person and a pre-paid funeral fund rather than between the person and the person who agrees to supply the funeral under the contract.
Items [1], [2], [4] and [5] of the proposed amendments make it clear that the cooling-off period provided for in section 49J applies to pre-paid contracts between a person and a funeral service supplier.
Items [1] and [3] of the proposed amendments allow a pre-paid contract to be ended during the cooling-off period by a person's legal representative.
1.14 - Growth Centres (Development Corporations) Act 1974 No 49
[1] Section 6 Provisions relating to constitution and procedure of development corporation
Insert after section 6 (1C):
(1D) The employment of a chief executive appointed by the Minister under subsection (1A) is subject to Part 3.1 of the Public Sector Employment and Management Act 2002 , but is not subject to Chapter 1A or 2 of that Act.
[2] Schedule 2 Provisions relating to the constitution and procedure of development corporations
Omit "the Director-General" from clauses 3 (2), 4
(2) and 7 wherever occurring.
Insert instead "a chief executive".
[3] Schedule 2, clause 5
Omit the clause. Insert instead:
5 Application of Public Sector Employment and Management Act 2002(1) The Public Sector Employment and Management Act 2002 (other than Chapter 5) does not apply to or in respect of the appointment of a member and a member is not, in the member's capacity as a member, to be subject to the provision of that Act (other than Chapter 5) during the member's term of office.(2) In this clause, a reference to a "member" is a reference to a member other than a chief executive.
[4] Schedule 2, clause 6 (1)
Omit "An appointed member".
Insert instead "A member (other than a chief executive)".
[5] Schedule 2, clause 6 (1) (e)
Omit "an appointed member". Insert instead "a member".
[6] Schedule 2, clause 6 (2)
Omit "appointed member".
Insert instead "member (other than a chief executive)".
Note: An amendment to the Public Sector Employment and Management Act 2002 in this Schedule makes a person appointed as a chief executive of a development corporation under section 6 (1A) of the Growth Centres (Development Corporations) Act 1974 ( "the Principal Act") a member of the Senior Executive Service.
Item [1] of the proposed amendments sets out how the Public Sector Employment and Management Act 2002 applies to a chief executive appointed under section 6 (1A) of the Principal Act.
Items [2]-[6] exclude provisions of the Principal Act (such as term of appointment, remuneration and vacancy of office) from applying to a chief executive as these matters are dealt with under the Public Sector Employment and Management Act 2002 .
1.15 - Historic Houses Act 1980 No 94
[1] Schedule 1 Provisions relating to trustees and procedure of the Trust
Insert after clause 8:
8A Disclosure of pecuniary interests(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trust, and(b) the interest appears to raise a conflict with the proper performance of the trustee's duties in relation to the consideration of the matter,the trustee must, as soon as possible after the relevant facts have come to the trustee's knowledge, disclose the nature of the interest at a meeting of the Trust.(2) A disclosure by a trustee at a meeting of the Trust that the trustee:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).(3) Particulars of any disclosure made under this clause must be recorded by the Trust in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Trust.(4) After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the Trust otherwise determines:(a) be present during any deliberation of the Trust with respect to the matter, or(b) take part in any decision of the Trust with respect to the matter.(5) For the purposes of the making of a determination by the Trust under subclause (4), a trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Trust for the purpose of making the determination, or(b) take part in the making by the Trust of the determination.(6) A contravention of this clause does not invalidate any decision of the Trust.(7) This clause applies to a member of a committee of the Trust and the committee in the same way as it applies to a trustee of the Trust and the Trust.
[2] Schedule 1, clause 9A
Insert after clause 9:
9A Transaction of business outside meetings or by telephone(1) The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the Trust.(2) The Trust may, if it thinks fit, transact any of its business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the Chairperson and each trustee have the same voting rights as they have at an ordinary meeting of the Trust.(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.(5) Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
Note: Item [1] of the proposed amendments requires a trustee of the Historic Houses Trust ( "the Trust") to disclose any pecuniary interest the trustee may have in any matter considered by the Trust that may raise a conflict with the proper performance of the trustee's duties. After a trustee has disclosed a pecuniary interest, the trustee must not, unless the Trust otherwise determines, be present during any deliberation, or take part in any decision, of the Trust with respect to the matter.
Item [2] of the proposed amendments permits the Trust to conduct its business outside of meetings or by telephone, closed-circuit television or by other means.
1.16 - Landlord and Tenant (Amendment) Act 1948 No 25
[1] Section 5 Crown not bound
Omit section 5 (b). Insert instead:
(b) the New South Wales Land and Housing Corporation.
[2] Section 8 Definitions
Omit the definition of "Department" from section 8 (1). Insert instead:
"Department" means the Department of Commerce.
[3] Section 8 (1), definition of "Director-General"
Omit the definition. Insert instead:
"Director-General" means:(a) the Commissioner for Fair Trading, Department of Commerce, or(b) if there is no such position in that Department, the Director-General of that Department.
Note: Item [1] of the proposed amendments to the Landlord and Tenant (Amendment) Act 1948 updates a reference to the Housing Commission of New South Wales as that body no longer exists.
Item [2] of the proposed amendments updates a reference to the Department of Fair Trading as that Department no longer exists.
Item [3] of the proposed amendments provides for the Commissioner for Fair Trading, Department of Commerce to exercise the functions previously exercised by the Director-General of the Department of Fair Trading. However, if there is no position of Commissioner for Fair Trading within the Department of Commerce, the Director-General of that Department will exercise those functions.
1.17 - Landlord and Tenant (Rental Bonds) Act 1977 No 44
Section 4 Definitions
Omit the definition of "caravan" from section 4 (1).
Note: The proposed amendment omits a redundant definition.
1.18 - Library Act 1939 No 40
Schedule 1 Composition and procedure of the Council
Insert after clause 8:
8A Disclosure of pecuniary interests(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Council, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Council.(2) A disclosure by a member at a meeting of the Council that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).(3) Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Council.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Council otherwise determines:(a) be present during any deliberation of the Council with respect to the matter, or(b) take part in any decision of the Council with respect to the matter.(5) For the purposes of the making of a determination by the Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Council for the purpose of making the determination, or(b) take part in the making by the Council of the determination.(6) A contravention of this clause does not invalidate any decision of the Council.(7) This clause applies to a member of a committee of the Council and the committee in the same way as it applies to a member of the Council and the Council.
Note: The proposed amendment requires a member of the Library Council of New South Wales ( "the Council") to disclose any pecuniary interest the member may have in any matter considered by the Council that may raise a conflict with the proper performance of the member's duties. After a member has disclosed a pecuniary interest, the member must not, unless the Council otherwise determines, be present during any deliberation, or take part in any decision, of the Council with respect to the matter.
1.19 - Mine Safety (Cost Recovery) Act 2005 No 116
[1] Section 15 Service of documents
Insert after section 15 (1) (a) (iii):
(iv) sending it by email to the email address specified by the person for the service of documents, or
[2] Section 15 (1) (b) (iii)
Insert at the end of section 15 (1) (b) (ii):
, or
(iii) sending it by email to the email address of the body corporate or of any officer or employee of the body corporate specified by the body corporate for the service of documents.
Note: The proposed amendments provide for documents that are authorised or required by the Mine Safety (Cost Recovery) Act 2005 or the regulations under that Act to be served on any person to be served by email.
1.20 - Museum of Applied Arts and Sciences Act 1945 No 31
Section 8A
Insert after section 8:
8A Disclosure of pecuniary interests(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the trustees, and(b) the interest appears to raise a conflict with the proper performance of the trustee's duties in relation to the consideration of the matter,the trustee must, as soon as possible after the relevant facts have come to the trustee's knowledge, disclose the nature of the interest at a meeting of the trustees.(2) A disclosure by a trustee at a meeting of the trustees that the trustee:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).(3) Particulars of any disclosure made under this section must be recorded by the trustees in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the trustees.(4) After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the trustees otherwise determine:(a) be present during any deliberation of the trustees with respect to the matter, or(b) take part in any decision of the trustees with respect to the matter.(5) For the purposes of the making of a determination by the trustees under subsection (4), a trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the trustees for the purpose of making the determination, or(b) take part in the making by the trustees of the determination.(6) A contravention of this section does not invalidate any decision of the trustees.(7) This section applies to a member of a committee of the trustees and the committee in the same way as it applies to a trustee and the trustees.
Note: The proposed amendment requires a trustee who is one of the trustees of the Museum of Applied Arts and Sciences ( "the trustees") to disclose any pecuniary interest the trustee may have in any matter considered by the trustees that may raise a conflict with the proper performance of the trustee's duties. After a trustee has disclosed a pecuniary interest, the trustee must not, unless the trustees otherwise determine, be present during any deliberation, or take part in any decision, of the trustees with respect to the matter.
1.21 - National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Omit the definition of "Director-General" from section 5 (1). Insert instead:
"Director-General" means the Director-General of the Department of Environment and Conservation.
[2] Section 21 Delegation
Omit ", with the approval of the Minister," from section 21 (1) (b).
[3] Sections 47GA (3) (a), (4) and (5) and 71AY
Omit "state recreation area"
wherever occurring.
Insert instead "state conservation area".
[4] Section 47GA (5)
Omit "state recreation areas". Insert instead "state conservation areas".
[5] Section 91H Appeal against order
Omit "whole of any part of an area or
land" from section 91H (1).
Insert instead "whole or any part of an area of land".
Note: The Public Sector Employment and Management (Environment and Conservation) Order 2003 abolished the National Parks and Wildlife Service as a separate Department of the Public Service and transferred it as a branch of the Department of Environment and Conservation. That Order provided that all references to the National Parks and Wildlife Service are to be read as references to the Department of Environment and Conservation and all references to the Director-General of National Parks and Wildlife are to be read as references to the Director-General of the Department of Environment and Conservation.
Item [1] of the proposed amendments updates the definition of "Director-General" of the Service in the National Parks and Wildlife Act 1974 ( "the Principal Act").
Item [2] of the proposed amendments enables the Director-General to delegate functions without the need to obtain the approval of the Minister.
Items [3] and [4] of the proposed amendments update references to the classification of land reserved under the Principal Act.
Item [5] of the proposed amendments corrects typographical errors.
1.22 - Protection of the Environment Operations Act 1997 No 156
[1] Section 146D Littering reports
Omit "type of material that comprises litter deposited
during the period concerned and the quantity of each such type of material"
from section 146D (2).
Insert instead "composition and quantity of litter".
[2] Section 161 Notices
Insert after section 161 (6) (c):
(c1) having the vehicle tested or inspected by a person approved by the EPA for the purposes of section 207 (2) (c), or
[3] Section 161 (6) (d)
Insert "tested or" after "vehicle".
[4] Sections 246 (3) and 248 (2)
Omit " Local Courts (Civil Claims) Act 1970
" wherever occurring.
Insert instead " Civil Procedure Act 2005 ".
[5] Section 250 Additional orders
Omit "environmental organisation" from
section 250 (1) (e).
Insert instead "organisation".
[6] Schedule 5 Savings, transitional and other provisions
Insert " Environment " before " Operations " in clause 16 (4).
[7] Dictionary
Omit "state recreation area" from paragraph (c) of the
definition of
"public place".
Insert instead "state conservation area".
Note: Item [1] of the proposed amendments amends section 146D of the Protection of the Environment Operations Act 1997 ( "the Principal Act") to provide that the biennial report of the Environment Protection Authority ( "EPA") on littering is to contain estimates of the composition and quantity of litter (rather than the type of material that comprises the litter and the quantity of each type of material).
Item [2] of the proposed amendments amends section 161 of the Principal Act to provide that it will not be an offence against the section to drive a motor vehicle to a place for the purposes of having the vehicle tested or inspected by a person approved by the EPA for the purposes of section 207 (2) (c) of the Principal Act. Section 207 of the Principal Act provides that an authorised officer may require the owner or person in possession of an article to have the article tested or inspected, at a place approved by the EPA. Item [3] of the proposed amendments makes a consequential amendment.
Item [4] of the proposed amendments updates references to repealed legislation.
Item [5] of the proposed amendments amends section 250 (1) (e) of the Principal Act to allow a court to order an offender to pay a specified amount to a specified organisation for certain environmental purposes. Currently, that section allows payment only to a specified "environmental" organisation.
Item [6] of the proposed amendments corrects a citation.
Item [7] of the proposed amendments updates a reference to the classification of land reserved under the National Parks and Wildlife Act 1974 .
1.23 - Public Sector Employment and Management Act 2002 No 43
[1] Section 143 Regulations
Omit "Public Service". Insert instead "public sector service".
[2] Schedule 2 Executive positions (other than non-statutory SES positions)
Insert at the end of Part 3:
A chief executive of a development corporation appointed under section 6 (1A) of the Growth Centres (Development Corporations) Act 1974
Note: Item [1] of the proposed amendments provides that the regulations under the Public Sector Employment and Management Act 2002 ( "the Principal Act") may make provision for or with respect to the acquisition or disposal of goods or services for the public sector service. Currently, such regulations may only be made with respect to the Public Service (which is now part of the Government Service). The public sector service includes, amongst other things, the Government Service, the Teaching Service, NSW Police and the NSW Health Service.
Item [2] of the proposed amendments provides that a person appointed as a chief executive of a development corporation is a member of the Senior Executive Service for the purposes of the Principal Act.
1.24 - Real Property Act 1900 No 25
[1] Section 36 Lodgment and registration of documents
Omit "a
dealing or caveat" from section 36 (2).
Insert instead "a plan referred to in subsection (3), or a dealing or
caveat,".
[2] Section 36 (2)
Omit "the Conveyancing Act 1919 ".
Insert instead "the Powers of Attorney Act 2003 ".
Note: Section 36 (2) of the Real Property Act 1900 permits the Registrar-General to refuse to accept for lodgment, or to record or register or otherwise take action in respect of, a "dealing or caveat" presented for lodgment that purports to have been executed under a power of attorney, unless the power of attorney has been registered.
Item [1] of the proposed amendments extends section 36 (2) so as to confer the same power on the Registrar-General in relation to plans intended to be registered pursuant to the provisions of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 .
Currently, section 36 (2) refers to the power of attorney having been registered "as provided for by the Conveyancing Act 1919 ". Registration of powers of attorney is now provided for by the Powers of Attorney Act 2003 . Item [2] of the proposed amendments updates the outdated reference.
1.25 - Residential Tenancies Act 1987 No 26
[1] Section 6 Agreements and premises to which Act does not apply
Omit section 6 (2) (f). Insert instead:
(f) any premises used to provide residential care within the meaning of the Aged Care Act 1997 of the Commonwealth.
[2] Section 6 (3)
Omit "(e), (f) or (g)". Insert instead "(e) or (f)".
[3] Sections 123, 124 (1), 130 (3) and (5) and 133 (1) (i)-(k)
Omit the section, subsections and paragraphs.
Note: Item [1] of the proposed amendments to the Residential Tenancies Act 1987 updates a reference to the Aged or Disabled Persons Care Act 1954 of the Commonwealth which has been repealed.
Item [2] of the proposed amendments omits a cross-reference to a repealed paragraph.
Item [3] of the proposed amendments omits redundant provisions that relate to the former Residential Tenancies Tribunal. These matters are now dealt with in the Consumer, Trader and Tenancy Tribunal Act 2001 .
1.26 - Royal Commissions Act 1923 No 29
Section 21
Omit the section. Insert instead:
21 False and misleading testimony(1) Any witness before a commission who gives testimony that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.Maximum penalty: Imprisonment for 5 years.(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
Note: The object of this amendment is to bring the offence of giving false testimony that is found in section 21 of the Royal Commissions Act 1923 into line with similar offences found in section 87 of the Independent Commission Against Corruption Act 1988 and section 107 of the Police Integrity Commission Act 1996 . In order to do this, the offence has been expanded to cover the giving of misleading testimony (currently the offence applies only to false testimony) and to cover cases where the person giving the testimony does not believe it to be true (currently the person is guilty of the offence only if that person knowingly gives the false testimony). The amendment also applies sections 331 and 332 of the Crimes Act 1900 to the offence. Section 331 of that Act provides that where a person has made 2 statements on oath and one is irreconcilably in conflict with the other, a jury can find a person guilty of the offence if it is satisfied that one of the statements was made by the accused knowing it to be false or misleading, or not believing it to be true. It is not necessary for the jury to know which of the statements was so made. Section 332 of that Act provides that an accused person cannot rely on a technical defect in an instrument to prevent it being used in evidence at his or her trial for the offence.
1.27 - Security Industry Act 1997 No 157
[1] Section 26 Revocation of licence
Omit section 26 (1) (c).
[2] Section 32 Advertising
Omit "licence that authorises the person to carry
on that security activity" from section 32 (1).
Insert instead "master licence".
Note: Currently, section 26 of the Security Industry Act 1997 ( "the Principal Act") provides both a discretionary (section 26 (1) (c)) and mandatory (sections 15 (1) (a) and 26 (1A)) requirement for the Commissioner of Police to revoke a licence under the Principal Act if the licensee is no longer a fit and proper person to hold the licence. Item [1] of the proposed amendments makes it clear that such a requirement is mandatory.
Section 32 of the Principal Act currently provides that a person must not advertise that the person carries on or is willing to carry on any security activity unless the person is the holder of a licence that authorises the person to carry on that security activity. Item [2] of the proposed amendments provides instead that only the holder of a master licence may advertise in such a manner.
1.28 - Security Industry Amendment Act 2005 No 63
[1] Schedule 1 Amendment of Security Industry Act 1997
Omit proposed section 14 (5) in Schedule 1 [20]. Insert instead:
(5) In the case of an application for a class P1F licence, the applicant must also supply a letter of endorsement from the applicant's employer or proposed employer (being an approved master licensee providing uniformed cash in transit security services) that states that the applicant is or will be employed by the employer.
[2] Schedule 1 [33]
Omit "Special Crime and Internal Affairs Branch of NSW
Police".
Insert instead "Professional Standards Command of NSW Police".
[3] Schedule 1 [42]
Omit ", in accordance with section 14 (5), applied for
the P1F licence on the licensee's behalf" from proposed section 23C (2).
Insert instead "provided the licensee with a letter of endorsement, as
referred to in section 14 (5)".
[4] Schedule 1 [48]
Omit proposed section 29A. Insert instead:
29A Offence of permitting employee who is provisional licensee to carry on unsupervised security activity(1) A person who is the holder of a provisional licence must not carry on a security activity authorised by that licence otherwise than under the direct supervision (as determined in accordance with the regulations) of a person who holds a class 1 licence that authorises the carrying on of the security activity to which the provisional licence relates.(2) If subsection (1) is contravened, the person who is (at the time of the contravention) the employer of the person holding the provisional licence is guilty of an offence.Maximum penalty:(a) in the case of a corporation--200 penalty units, or(b) in the case of an individual--100 penalty units.
[5] Schedule 1 [54]
Omit the item.
[6] Schedule 1 [65]
Omit proposed section 38B (2). Insert instead:
(2) A person ( "the relevant person") must not, for fee or reward, supervise or monitor the performance of a person who holds a class 1 or class 2 licence unless the relevant person is:(a) the holder of a master licence, or(b) in the case of a master licence held by a corporation, government agency or public authority--the person nominated by the corporation, agency or authority for the purpose of such supervision or monitoring, or(c) the holder of a licence authorising the relevant person to carry on the security activity to which the class 1 or class 2 licence relates.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
Note: The proposed amendments amend uncommenced provisions of the Security Industry Act 1997 ( "the Principal Act") that are to be inserted by the Security Industry Amendment Act 2005 .
Under proposed section 14 (5) of the Principal Act, an application for a P1F licence is to be made on behalf of the applicant by the applicant's employer (being an approved master licensee providing uniformed cash in transit security services). Item [1] of the proposed amendments removes the requirement for the application to be made by the employer and provides instead that the applicant must supply a letter of endorsement from the applicant's employer with the application. Item [3] of the proposed amendments makes a consequential amendment.
Item [2] of the proposed amendments updates a reference to an office.
Item [4] of the proposed amendments substitutes proposed section 29A of the Principal Act to make it clear that it is an offence for the employer of the holder of a provisional licence to fail to ensure that the holder is directly supervised.
Proposed section 32 (2A) of the Principal Act makes it an offence for a person who is the holder of a provisional licence to advertise that the person carries on or is willing to carry on any security activity. Item [5] of the proposed amendments removes this offence as a consequence of the amendments proposed to be made to section 32 of the Principal Act contained elsewhere in this Schedule.
Proposed section 38B (2) of the Principal Act provides that a person must not supervise or monitor the performance of the holder of a class 1 or class 2 licence unless the person supervising or monitoring holds a master licence or a licence of the same kind as the person being supervised or monitored. Item [6] of the proposed amendments provides that in the case of a master licence held by a corporation, government agency or public authority, a person nominated by the corporation, agency or authority may also carry out such supervision or monitoring.
1.29 - Special Commissions of Inquiry Act 1983 No 90
Section 27
Omit the section. Insert instead:
27 False and misleading testimony(1) Any witness before a Special Commission who gives testimony that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.Maximum penalty: Imprisonment for 5 years.(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
Note: The object of this amendment is to bring the offence of giving false testimony that is found in section 27 of the Special Commissions of Inquiry Act 1983 into line with similar offences found in section 87 of the Independent Commission Against Corruption Act 1988 and section 107 of the Police Integrity Commission Act 1996 . In order to do this, the offence has been expanded to cover the giving of misleading testimony (currently the offence applies only to false testimony) and to cover cases where the person giving the testimony does not believe it to be true (currently the person is guilty of the offence only if that person knowingly gives the false testimony). The amendment also applies sections 331 and 332 of the Crimes Act 1900 to the offence. Section 331 of that Act provides that where a person has made 2 statements on oath and one is irreconcilably in conflict with the other, a jury can find a person guilty of the offence if it is satisfied that one of the statements was made by the accused knowing it to be false or misleading, or not believing it to be true. It is not necessary for the jury to know which of the statements was so made. Section 332 of that Act provides that an accused person cannot rely on a technical defect in an instrument to prevent it being used in evidence at his or her trial for the offence.
1.30 - State Records Act 1998 No 17
[1] Section 69 Establishment of Board
Insert ", to represent departments" after " Act 2002 " in section 69 (2) (b).
[2] Section 69 (4)
Omit the subsection.
Note: Section 69 of the State Records Act 1998 establishes a Board of the State Records Authority, two members of which are to be nominated by the Minister administering the Public Sector Employment and Management Act 2002 . The members nominated by that Minister are currently required to represent departments and declared authorities. However, as declared authorities no longer exist, items [1] and [2] of the proposed amendments remove the requirement to appoint a member to represent declared authorities and instead require both those members to represent departments.
1.31 - Sydney Opera House Trust Act 1961 No 9
[1] Section 2 Definitions
Omit the definition of "Opera House". Insert instead:
"Opera House" means the whole of the land comprised in Lot 4, Deposited Plan 787933, and Lot 5, Deposited Plan 775888, and includes any building, work or fixture on that land.
[2] Section 4 Objects and functions of Trust
Omit section 4 (5) and (6).
[3] Section 5 Authority of Trust in respect of Sydney Opera House
Omit the section.
[4] Section 12A
Insert after section 12:
12A Disclosure of pecuniary interests(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trust, and(b) the interest appears to raise a conflict with the proper performance of the trustee's duties in relation to the consideration of the matter,the trustee must, as soon as possible after the relevant facts have come to the trustee's knowledge, disclose the nature of the interest at a meeting of the Trust.(2) A disclosure by a trustee at a meeting of the Trust that the trustee:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).(3) Particulars of any disclosure made under this section must be recorded by the Trust in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Trust.(4) After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the Trust otherwise determines:(a) be present during any deliberation of the Trust with respect to the matter, or(b) take part in any decision of the Trust with respect to the matter.(5) For the purposes of the making of a determination by the Trust under subsection (4), a trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Trust for the purpose of making the determination, or(b) take part in the making by the Trust of the determination.(6) A contravention of this section does not invalidate any decision of the Trust.(7) This section applies to a member of a committee of the Trust and the committee in the same way as it applies to a trustee of the Trust and the Trust.
[5] Section 17 Sydney Opera House Management Account
Omit the section.
Note: The Sydney Opera House Trust Act 1961 ( "the Principal Act") provides for the establishment of the Sydney Opera House Trust ( "the Trust") and gives the Trust certain functions including the administration, care, control, management and maintenance of the Opera House. These functions were to apply to the Opera House in stages as various parts of it were completed and the Governor published a proclamation to that effect in the Gazette. Construction of the Opera House was completed in 1975.
Items [1]-[3] of the proposed amendments remove the provisions of the Principal Act that relate to the staged transfer of authority to the Trust and instead clearly set out the land over which the Trust is to have authority.
Item [4] of the proposed amendments requires a trustee to disclose any pecuniary interest the trustee may have in any matter considered by the Trust that may raise a conflict with the proper performance of the trustee's duties. After a trustee has disclosed a pecuniary interest, the trustee must not, unless the Trust otherwise determines, be present during any deliberation, or take part in any decision, of the Trust with respect to the matter.
Item [5] of the proposed amendments omits a provision that requires the Trust to operate only one bank account. This provision conflicts with requirements under fundraising legislation such as section 20 (6) of the Charitable Fundraising Act 1991 which requires money received in the course of a fundraising appeal to be placed in a separate account and also conflicts with section 16 of the Public Finance and Audit Act 1983 which provides that Authorities (including the Trust) may open such accounts in such banks, building societies and credit unions and on such terms as the Treasurer determines for the banking of public money. The opening of accounts by the Trust will now be provided for under the Public Finance and Audit Act 1983 .
1.32 - Sydney Water Act 1994 No 88
Section 106 Regulations
Insert after section 106 (4):
(5) The regulations may apply, adopt or incorporate any of the following publications as in force for the time being:(a) a standard published or adopted by Standards Australia,(b) the New South Wales Code of Practice--Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales.
Note: Section 69 (1) of the Interpretation Act 1987 provides that a reference to a publication in an Act or instrument is a reference to that publication as in force or current on the day specified in the Act or instrument, or if no such day is specified, the day on which the provision containing the reference took effect. Section 69 (2) goes on to provide that an Act or instrument can refer to a publication as in force for the time being if that intention appears in the Act or instrument and, if the intention appears in an instrument, the Act under which the instrument is made provides that such instruments may apply, adopt or incorporate publications, as in force for the time being.
The object of this amendment is to allow regulations under the Sydney Water Act 1994 to apply, adopt or incorporate a standard published or adopted by Standards Australia or the New South Wales Code of Practice--Plumbing and Drainage as in force for the time being.
1.33 - Western Lands Act 1901 No 70
[1] Section 5 Disqualification from office
Insert "(other than freehold land)" after "any land".
[2] Section 35S Minister may create easements for right of way
Omit section 35S (1) and (2). Insert instead:
(1) The Minister may, by instrument lodged with the Registrar-General, create the following easements over land within the Western Division that, in the Minister's opinion, is being used as a road or track:(a) an easement in the nature of a right of way,(b) such other easements as are appropriate to the construction and maintenance of a right of way.
(2) Such an instrument:(a) may not be lodged with respect to freehold land, and(b) may only be made with respect to land held under a lease on the application of the lessee or lessees of the land, and(c) must specify the beneficiary of the easement or the land to which the benefit of the easement is appurtenant.
[3] Section 35S (3)
Omit "A Minister's request".
Insert instead "An instrument lodged under subsection (1)".
[4] Section 35S (4)
Omit the subsection. Insert instead:
(4) On receiving an instrument lodged under subsection (1), the Registrar-General may record such particulars of the creation of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General's opinion, is affected by the creation of the easement.
[5] Section 35S (5) and (6)
Omit "a Minister's request" wherever occurring.
Insert instead "an instrument lodged under subsection (1)".
[6] Section 35S (12)
Insert after section 35S (11):
(12) In this section and in section 35T, "the Register" means the Register kept under the Real Property Act 1900 .
[7] Section 35T Minister may extinguish special easements
Omit section 35T (1) and (2). Insert instead:
(1) On the application of:(a) each beneficiary of a special easement, and(b) in the case of a special easement over land held under a lease, each lessee of the land,the Minister may, by instrument lodged with the Registrar-General, release the easement.
(2) On receiving an instrument lodged under subsection (1), the Registrar-General may record such particulars of the release of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General's opinion, is affected by the release of the easement.
[8] Section 35T (3)
Omit "a Minister's request".
Insert instead "an instrument lodged under subsection (1)".
Note: Item [1] of the proposed amendments makes it clear that the Western Lands Commissioner or an Assistant Commissioner are not prevented from having an interest in freehold land in the Western Division. The Commissioner and an Assistant Commissioner currently have no functions with respect to freehold land.
At present, the Minister for Natural Resources may request that the Registrar-General create special easements over certain land within the Western Division that is being used as a road or track and also to request the Registrar-General to extinguish any such easement. Items [2]-[8] of the proposed amendments will allow the Minister to create or extinguish special easements instead of having to request that the Registrar-General do so.