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TASMANIA
__________
STATUTE LAW REVISION BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
Schedule 1 Consequential Amendments
[Bill 7]-IX
2
STATUTE LAW REVISION BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to revise the statute law of the State by
altering certain references and penalties
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Statute Law Revision Act
2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Consequential amendments
3. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
[Bill 7] 3
sch. 1 No. Statute Law Revision 2003
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Adoption Act 1988
1. Section 3(1) is amended by omitting paragraph (c) from
the definition of "natural parent".
2. Section 29(3) is amended as follows:
(a) by omitting from paragraph (b) "paternity" and
substituting "parentage";
(b) by omitting paragraph (c);
(c) by omitting subparagraph (i) from paragraph
(e) and substituting the following
subparagraph:
(i) he is conclusively presumed to be a
parent of the child under section
8B(1) of the Status of Children Act
1974; or
Anzac Day Observance Act 1929
1. Section 3 is amended by inserting "as in force
immediately before the repeal of that Part by a
proclamation made under section 197 of the Public Health
Act 1997" after "Part V of the Public Health Act 1962" in
the definition of "place of public entertainment".
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2003 Statute Law Revision No. sch. 1
Boundary Fences Act 1908
1. Section 6 is amended by omitting "Commissioner of
Crown Lands" and substituting "Director-General of
Lands".
2. Section 48 is amended as follows:
(a) by omitting from subsection (1)(b) "noxious
weed" and substituting "declared weed, within
the meaning of the Weed Management Act
1999";
(b) by omitting subsection (3).
Building and Construction Industry Training
Fund Act 1990
1. Section 5(1) is amended as follows:
(a) by omitting from paragraph (b) "Industrial
and Commercial Training Act 1985" and
substituting "Vocational Education and
Training Act 1994";
(b) by omitting from paragraph (c) "an employee,
within the meaning of the Tasmanian State
Service Act 1984" and substituting "a State
Service officer or State Service employee";
(c) by omitting from paragraph (c) "Education Act
1932" and substituting "Education Act 1994".
2. Section 34(4) is amended by omitting "Training
Authority of Tasmania" and substituting "Tasmanian
State Training Authority".
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sch. 1 No. Statute Law Revision 2003
3. Clause 2(c) of Schedule 2 is amended by omitting
"Commission" and substituting "Corporation".
Children, Young Persons and Their Families Act
1997
1. Section 14(1) is amended as follows:
(a) by omitting "Psychologists Registration Act
1976" from paragraph (d) of the definition of
"prescribed person" and substituting
"Psychologists Registration Act 2000";
(b) by omitting "under section 4 of the Probation
of Offenders Act 1973" from paragraph (g) of
the definition of "prescribed person" and
substituting "or employed under section 5 of
the Corrections Act 1997".
2. Section 74(7) is amended by omitting "court of requests"
and substituting "Magistrates Court (Civil Division)".
3. Schedule 3 is amended by omitting "Tasmanian State
Service Act 1984" from clause 18(4) of Part 3 and
substituting "State Service Act 2000".
Chiropractors and Osteopaths Registration Act
1997
1. Section 67(1) is amended by omitting paragraphs (a)
and (b) from the definition of "prescribed instrument" and
substituting:
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2003 Statute Law Revision No. sch. 1
(a) an initial order, a continuing care order or a
community treatment order under the Mental
Health Act 1996; or
Christ College Act 1926
1. Section 44 is amended by omitting "as public schools
under the Education Act 1932" and substituting "under
Part 5 of the Education Act 1994".
Commissions of Inquiry Act 1995
1. Section 22(5) is amended by omitting "Prison Act 1977"
and substituting "Corrections Act 1997".
Constitution Act 1934
1. Section 32(4) is amended by omitting the definition of
"Public Account" and substituting the following definition:
"Public Account" means the Public Account as
defined in the Public Account Act 1986;
2. Section 33 is amended as follows:
(a) by omitting from subsection (3)(f)(ii)
"Investment Trust" and substituting "Board";
(b) by omitting "Investment Trust" from
paragraph (fb) of the definition of "State
instrumentality" in subsection (6) and
substituting "Board";
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sch. 1 No. Statute Law Revision 2003
(c) by omitting paragraph (h) from the definition
of "State instrumentality" in subsection (6)
and substituting the following paragraph:
(h) the Hobart Regional Water
Authority.
Cooperatives Act 1999
1. Section 330(2) is amended as follows:
(a) by omitting from paragraph (a) "person
appointed or employed under the Tasmanian
State Service Act 1984" and substituting "State
Service officer or State Service employee";
(b) by omitting from paragraph (b) "person
appointed or employed under the Tasmanian
State Service Act 1984" and substituting "State
Service officer or State Service employee".
2. Section 430(3)(b) is amended by omitting "person
appointed or employed under the Tasmanian State Service
Act 1984" and substituting "State Service officer or State
Service employee".
Coroners Act 1995
1. Section 3 is amended as follows:
(a) by inserting the following definition after the
definition of "coroner's associate":
"correctional officer" means a
correctional officer within the
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2003 Statute Law Revision No. sch. 1
meaning of the Corrections Act
1997;
(b) by omitting subparagraph (ii) from paragraph
(a) of the definition of "person held in custody"
and substituting the following subparagraph:
(ii) a correctional officer; or
(c) by omitting "Prison Act 1977" from paragraph
(b)(i) of the definition of "person held in
custody" and substituting "Corrections Act
1997";
(d) by omitting the definition of "prison officer";
(e) by omitting "prison officer" from paragraph (d)
of the definition of "reportable death" and
substituting "correctional officer".
2. Section 19(4) is amended as follows:
(a) by omitting from paragraph (c) "prison officer"
and substituting "correctional officer";
(b) by omitting "prison officer" second occurring
and substituting "correctional officer".
3. Section 24(1)(e) is amended by omitting "prison officers"
and substituting "correctional officers".
Criminal Code Act 1924
1. Schedule 1 is amended as follows:
(a) by omitting from section 195 "within the
meaning of the Mental Health Act 1963";
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(b) by omitting from section 388A(7) "under Part
IV of the Public Account Act 1957" and
substituting "established under section 13(2)
of the Public Account Act 1986";
(c) by omitting subparagraph (i) from section
401(3)(a);
(d) by omitting from section 401(3)(a)(ii) "section 7
(2) of the Probation of Offenders Act 1973" and
substituting "the Sentencing Act 1997";
(e) by omitting from section 401(3)(b) "section 7
(2) of the Probation of Offenders Act 1973" and
substituting "the Sentencing Act 1997".
Crown Lands Act 1976
1. Section 2 is amended as follows:
(a) by omitting "Mining Act 1929" from the
definition of "mining operations" and
substituting "Mineral Resources Development
Act 1995";
(b) by omitting the definition of "mining right"
and substituting the following definition:
"mining right" means any right
accruing
(a) under the Mineral Resources
Development Act 1995 to the
holder of a mineral
tenement within the
meaning of that Act; and
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2003 Statute Law Revision No. sch. 1
(b) to any person who has made
an application under section
70 or 96 of the Mineral
Resources Development Act
1995;
(c) by omitting "Tasmanian State Service Act
1984" from paragraph (a) of the definition of
"State instrumentality" and substituting
"State Service Act 2000";
(d) by omitting "Tasmanian State Service Act
1984" from paragraph (b) of the definition of
"State instrumentality" and substituting
"State Service Act 2000".
2. Section 38(1) is amended by omitting "Mining Act 1929"
and substituting "Mineral Resources Development Act
1995".
3. Section 54 is amended as follows:
(a) by omitting from subsection (1) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(b) by omitting from subsection (2) "Groundwater
Act 1985" and substituting "Water
Management Act 1999";
(c) by omitting subsection (3).
4. Section 56(5) is amended by omitting "Mining Act 1929"
and substituting "Mineral Resources Development Act
1995".
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sch. 1 No. Statute Law Revision 2003
Dental Prosthetists Registration Act 1996
1. Section 68(1) is amended by omitting paragraphs (a)
and (b) and substituting the following paragraph:
(a) an initial order, a continuing care order or a
community treatment order under the Mental
Health Act 1996; or
Elderly Citizens' Clubs and Youth Centres Act
1966
1. Section 2(1) is amended by omitting "Public Health Act
1962" from the definition of "Minister for Health" and
substituting "Public Health Act 1997".
Employment Incentive Assistance Act 1984
1. Section 3(1) is amended by omitting the definition of
"Authority" and substituting the following definition:
"Authority" means the Tasmanian State Training
Authority constituted under the Vocational
Education and Training Act 1994;
2. Section 4(1)(a)(iii) is amended by omitting "a declared
vocation, within the meaning of the Industrial and
Commercial Training Act 1985 or a scheme of training or
scheme of pre-vocational training as mentioned in that
Act" and substituting "an accredited training program
required under a training agreement as defined in the
Vocational Education and Training Act 1994".
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2003 Statute Law Revision No. sch. 1
Fire Damage Relief Act 1967
1. Section 9(3)(a)(iv) is amended as follows:
(a) by omitting ", a bailiff" and substituting "or a
bailiff";
(b) by omitting "or the Mining Act 1929";
(c) by omitting "or a person authorized to seize
and sell under section forty-nine of the
Maintenance Act 1967,".
2. Section 11(1) is amended by omitting "Crown Lands Act
1935" and substituting "Crown Lands Act 1976".
Fire Service Act 1979
1. Section 29(10)(e)(ii) is amended by omitting "Part V of
the Public Health Act 1962" and substituting "the Public
Health Act 1997".
2. Section 50 is amended as follows:
(a) by omitting from subsection (1)(a) "Part V of
the Public Health Act 1962" and substituting
"the Public Health Act 1997";
(b) by omitting subparagraph (i) from subsection
(2) and substituting the following
subparagraph:
(i) Public Health Act 1997;
(c) by omitting subparagraph (v) from subsection
(2) and substituting the following
subparagraph:
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sch. 1 No. Statute Law Revision 2003
(v) Education Act 1994;
3. Section 133(3) is amended by omitting paragraph (d)
and substituting the following paragraph:
(d) the Public Health Act 1997;
Fire Service (Miscellaneous) Regulations 1996
1. Clause 3 of Schedule 2 is amended by omitting "section
54 of the Public Health Act 1962" and substituting "the
Public Health Act 1997".
Florentine Valley Paper Industry Act 1935
1. Section 3(1) is amended by omitting "Mining Act 1929"
from the definition of "private land" and substituting
"Mineral Resources Development Act 1995".
2. Section 18(1) is amended as follows:
(a) by omitting "Commissioner of Crown" and
substituting "Director-General of";
(b) by omitting "Crown Lands Act 1935" and
substituting "Crown Lands Act 1976";
(c) by omitting "said Commissioner" and
substituting "Director-General of Lands".
3. Section 19 is amended as follows:
(a) by omitting from subsection (2) "Commissioner
of Crown" and substituting "Director-General
of";
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2003 Statute Law Revision No. sch. 1
(b) by omitting from subsection (3) "said
Commissioner" and substituting "Director-
General of Lands".
4. Section 20 is repealed and the following section is
substituted:
Application of Mineral Resources Development
Act 1995
20. (1) Parts 4 and 8 of the Mineral Resources
Development Act 1995 apply to the exercise by the
Promoter of the powers conferred by section 19(1) in
relation to private land as if the Promoter were
engaged in mining operations and as if the powers
exercisable under that subsection were exercisable
under Part 4 of that Act.
(2) Part 4 of the Mineral Resources
Development Act 1995 applies to the said lands, any
private land and any other land used or occupied by
the Promoter in connection with the industry as if
that land were used or occupied for mining purposes.
Forestry Act 1920
1. Section 4(1) is amended by omitting the definition of
"forest offence".
2. Section 29(1)(a) is amended by omitting "against this
Act".
Gaming Control Act 1993
1. Section 8 is amended by omitting subsection (5).
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sch. 1 No. Statute Law Revision 2003
2. Section 9 is amended by omitting subsection (4).
3. Section 76ZZJ is amended by omitting subsection (3).
Gas Act 2000
1. Section 93(2) is amended by omitting "an employee
within the meaning of the Tasmanian State Service Act
1984" and substituting "a State Service officer or State
Service employee".
Guardianship and Administration Act 1995
1. Section 4(2) is amended by omitting "a ward of the
State, the Director for Community Welfare" and
substituting "under the guardianship of the Secretary of
the department administering the Children, Young
Persons and Their Families Act 1997 pursuant to a care
and protection order made under that Act, the Secretary of
that department".
2. Section 53(1) is amended by inserting "or under section
30 of the Powers of Attorney Act 2000" after "section 11A of
the Powers of Attorney Act 1934".
3. Section 78(3) is amended by omitting "section 72 of the
Public Trust Office Act 1930" and substituting "section 72
of the Public Trustee Act 1930".
Health Services Act 1960
1. Section 2 is amended by omitting "Public Health Act
1962" and substituting "Public Health Act 1997".
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2003 Statute Law Revision No. sch. 1
2. Section 3(1)(b) is amended by omitting "Public Health
Act 1962" and substituting "Public Health Act 1997".
Inland Fisheries Act 1995
1. Section 10 is amended by omitting "Water Act 1957"
and substituting "Water Management Act 1999".
2. Section 126(2) is amended as follows:
(a) by omitting paragraph (a);
(b) by omitting from paragraph (d) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995".
Irrigation Clauses Act 1973
1. Section 14(1) is amended by omitting "sum not
exceeding $15 for every such offence, and an additional
sum of $15" and substituting "fine not exceeding 0.15
penalty unit for each offence and an additional fine not
exceeding 0.15 penalty unit".
2. Section 62 is amended as follows:
(a) by omitting from subsection (1) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(b) by omitting from subsection (2)(a) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
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sch. 1 No. Statute Law Revision 2003
(c) by omitting from subsection (2) "Mining Act
1929" second occurring and substituting
"Mineral Resources Development Act 1995";
(d) by omitting from subsection (2) "Crown Lands
Act 1935" and substituting "Crown Lands Act
1976";
(e) by omitting from subsection (3) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(f) by omitting from subsection (4) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995".
Jury Act 1899
1. Section 61(2) is amended by omitting "Revenue" and
substituting "Fund".
2. Schedule I is amended as follows:
(a) by omitting paragraph (d) from clause 1;
(b) by omitting from clause 1(l)(iii) "Prison Act
1977" and substituting "Corrections Act 1997";
(c) by omitting from clause 5(b) "Part IV of the
Education Act 1932" and substituting "Part 5
of the Education Act 1994".
Justices Act 1959
1. Section 3(1) is amended as follows:
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2003 Statute Law Revision No. sch. 1
(a) by omitting "Prison Act 1977" from the
definition of "gaol" and substituting
"Corrections Act 1997";
(b) by omitting the definition of "gaoler" and
substituting the following definition:
"gaoler" means
(a) in relation to a prisoner or
detainee, as defined in the
Corrections Act 1997, in a
place declared under section
9(1) of the Corrections Act
1997 to be a prison, the
Director of Corrective
Services; or
(b) in relation to a person in a
place declared to be a prison
under the Corrections Act
1997 that is available for use
for the detention in lawful
custody of persons other
than prisoners or detainees
under section 9(2) of the
Corrections Act 1997, a
police officer;
(c) by omitting "Probation of Offenders Act 1973"
from the definition of "probation officer" and
substituting "Corrections Act 1997".
2. Section 16(1) is amended by omitting "Magistrates Act
1987" and substituting "Magistrates Court Act 1987".
3. Section 106GC is amended by omitting "interstate" and
substituting "external".
4. Section 129 is amended as follows:
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sch. 1 No. Statute Law Revision 2003
(a) by omitting "a court of requests" and
substituting "Magistrates Court (Civil
Division)";
(b) by omitting "commissioner" and substituting
"magistrate";
(c) by omitting "court of requests" second
occurring and substituting "Magistrates Court
(Civil Division)".
5. Section 131 is amended as follows:
(a) by omitting from subsection (1) "court of
requests of competent jurisdiction" and
substituting "Magistrates Court (Civil
Division)";
(b) by omitting from subsection (2) "court of
requests" twice occurring and substituting
"Magistrates Court (Civil Division)".
6. Section 138(2) is amended by omitting "Revenue" and
substituting "Fund".
7. Section 143 is amended as follows:
(a) by omitting from subsection (1) "Revenue" and
substituting "Fund";
(b) by omitting from subsection (4) "Revenue" and
substituting "Fund";
(c) by omitting from subsection (5) "Revenue" and
substituting "Fund".
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2003 Statute Law Revision No. sch. 1
Land Titles Act 1980
1. Section 50(10) is amended by omitting "Revenue" and
substituting "Fund".
2. Section 157(3) is amended by omitting "Revenue" and
substituting "Fund".
3. Section 169A(1) is amended by omitting "Powers of
Attorney Act 1934" and substituting "Powers of Attorney
Act 2000".
Land Use Planning and Approvals Act 1993
1. Section 20(7)(b) is amended by omitting "under the
Mining Act 1929" and substituting "issued under the
Mineral Resources Development Act 1995, provided that
any mineral exploration carried out is consistent with the
standards specified in the Mineral Exploration Code of
Practice".
Libraries Act 1984
1. Clause 6 of Schedule 1 is amended as follows:
(a) by omitting paragraph (d) from subclause (1)
and substituting the following paragraph:
(d) if he becomes unable to perform
competently the duties of the
office;
(b) by omitting from subclause (3) "Municipal"
and substituting "Local Government";
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sch. 1 No. Statute Law Revision 2003
(c) by omitting from subclause (4) "Municipal"
and substituting "Local Government".
Local Government Act 1993
1. Section 96 is amended by omitting the definition of
"water district" and substituting the following definition:
"water district" means a water district created
under the Water Management Act 1999.
Local Government (Building and Miscellaneous
Provisions) Act 1993
1. Section 92(2) is amended by omitting "subsection (2)"
and substituting "subsection (1)".
2. Section 109(3)(k) is amended by omitting "Mining Act
1929" and substituting "Mineral Resources Development
Act 1995".
Local Government (Highways) Act 1982
1. Section 7(5) is amended by omitting "or under any other
Act under the Roads and Jetties Act 1935" and
substituting "under the Roads and Jetties Act 1935 or any
other Act".
2. Section 77(6) is amended by omitting "Revenue" twice
occurring.
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2003 Statute Law Revision No. sch. 1
3. Section 81(2) is amended by omitting "penalty not
exceeding $200" and substituting "fine not exceeding 2
penalty units".
4. Section 101(2) is amended by omitting "penalty not
exceeding $100" and substituting "fine not exceeding 1
penalty unit".
Long Service Leave Act 1976
1. Section 4(1) is amended by omitting "Industrial
Relations Act 1975" and substituting "Industrial Relations
Act 1984".
2. Section 5(1)(f) is amended by omitting "Training
Authority of Tasmania or of any committee established
under the Industrial and Commercial Training Act 1985"
and substituting "Tasmanian State Training Authority or
of any committee established under the Vocational
Education and Training Act 1994".
3. Section 8(3A) is amended by omitting "section 84 of the
Repatriation Act 1920" and substituting "the Veterans'
Entitlements Act 1986".
4. Section 8A(3A) is amended by omitting "section 84 of
the Repatriation Act 1920" and substituting "the Veterans'
Entitlements Act 1986".
5. Section 24(2) is amended by omitting "$40" and
substituting "0.4 penalty unit".
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sch. 1 No. Statute Law Revision 2003
Magistrates Court (Small Claims Division) Act
1989
1. Section 32(2) is amended by omitting "a writ" and
substituting "an order".
Marine Farming Planning Act 1995
1. Section 67(1)(a) is amended by omitting "Public Health
Act 1962" and substituting "Public Health Act 1997".
2. Section 68(1)(b) is amended by omitting "farm" twice
occurring and substituting "farming".
3. Section 92(1)(a)(ii) is amended by omitting "farm" and
substituting "farming".
Medical Practitioners Registration Act 1996
1. Section 75(1) is amended by omitting paragraphs (a)
and (b) and substituting the following paragraph:
(a) an initial order, a continuing care order or a
community treatment order under the Mental
Health Act 1996; or
2. Clause 2(2) of Schedule 5 is amended by omitting
"section 50 (1) (b)" and substituting "section 50(2)(b)".
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2003 Statute Law Revision No. sch. 1
Medical Radiation Science Professionals
Registration Act 2000
1. Section 11(4) is amended by omitting "an employee or a
person holding or acting in an office under the Tasmanian
State Service Act 1984, or in an Agency within the
meaning of that Act," and substituting "a State Service
officer or State Service employee".
2. Section 12(3) is amended by omitting "Tasmanian State
Service Act 1984" and substituting "State Service Act
2000".
3. Section 13(1) is amended by omitting "an Agency within
the meaning of the Tasmanian State Service Act 1984 for
the services of persons" and substituting "a State Service
Agency for the services of State Service officers and State
Service employees".
4. Section 18(5) is amended by omitting "section 33AB(2)
of the Tasmanian State Service Act 1984" and substituting
"section 36(3) of the State Service Act 2000".
Plumbers and Gas-fitters Registration Act 1951
1. Section 2(1) is amended by omitting the definition of
"septic tank".
2. Section 3(2)(e) is amended by omitting "Public Health
Act 1962" and substituting "Public Health Act 1997".
3. Section 9(5) is amended as follows:
(a) by omitting "the Chief Inspector of Explosives
under the regulations made and in force under
the Dangerous Goods Act 1976" and
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sch. 1 No. Statute Law Revision 2003
substituting "a Competent Authority under
the Dangerous Goods Act 1998";
(b) by omitting "within the meaning of those
regulations".
4. Section 10(14) is amended by omitting "such
examination or trade course conducted under the
Education Act 1932" and substituting "training course in
plumbing under the Vocational Education and Training
Act 1994".
Poisons Act 1971
1. Section 3(1) is amended as follows:
(a) by omitting "stipendiary" from the definition of
"court";
(b) by omitting "Pharmacy Act 1908" from
paragraph (a) of the definition of "wholesale
dealing" and substituting "Pharmacists
Registration Act 2001".
2. Section 27(1)(b) is amended as follows:
(a) by omitting "stipendiary";
(b) by omitting "or warden of the municipality"
and substituting "of the municipal area".
3. Section 58(2) is amended by omitting "stipendiary".
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2003 Statute Law Revision No. sch. 1
Police Offences Act 1935
1. Section 3(1) is amended by omitting "marine boards
and harbour trusts constituted under the Marine Act 1976"
from the definition of "public authority" and substituting
"appropriate companies constituted under the Port
Companies Act 1997".
2. Section 13 is amended by omitting subsection (14).
3. Section 44(3) is amended by omitting the definition of
"newspaper".
4. Section 57B(3) is amended by omitting "police
magistrate" and substituting "magistrate".
5. Schedule II is amended by omitting Forms IX and X.
Prisoners (Interstate Transfer) Act 1982
1. Section 3(1) is amended as follows:
(a) by omitting "Prison Act 1977, is the prison
officer or police officer" from the definition of
"gaoler" and substituting "Corrections Act
1997, is the correctional officer";
(b) by omitting "section 3 of the Prison Act 1977"
from the definition of "prison" and substituting
"section 3 of the Corrections Act 1997";
(c) by omitting "prison officer under the Prison
Act 1977" from the definition of "prison officer"
and substituting "correctional officer under the
Corrections Act 1997";
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sch. 1 No. Statute Law Revision 2003
(d) by omitting "Prison Act 1977" from the
definition of "remission regulations" and
substituting "Corrections Act 1997".
2. Section 26(1A) is amended by omitting "section 12A of
the Parole Act 1975" and substituting "section 68 of the
Corrections Act 1997".
Public Bodies Assistance Act 1971
1. Section 2(1) is amended by omitting "Public Health Act
1962" from the definition of "Minister for Health" and
substituting "Public Health Act 1997".
Registration of Deeds Act 1935
1. Section 4 is amended by omitting "Powers of Attorney
Act 1934" and substituting "Powers of Attorney Act 2000".
2. Section 41 is amended by omitting subsections (2) and
(3).
Roads and Jetties Act 1935
1. Section 17C(5)(c) is amended by omitting subparagraph
(ii) and substituting the following subparagraph:
(ii) the Public Health Act 1997;
2. Section 49(2)(d) is amended by omitting "noxious weed
within the meaning of the Noxious Weeds Act 1964" and
substituting "declared weed within the meaning of the
Weed Management Act 1999".
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2003 Statute Law Revision No. sch. 1
3. Section 52D(1) is amended by omitting "section 52C"
and substituting "section 52CC".
Rules Publication Act 1953
1. Section 4(1) is amended by omitting paragraph (d).
Status of Children Act 1974
1. Section 9(3) is amended by omitting "paternity under
section 10 or where a court makes an order under section
26 or section 27 of the Maintenance Act 1967 the Registrar
of the Supreme Court or the clerk of the court (as the case
requires) shall forward a copy of the declaration or order"
and substituting "parentage under section 10 the Registrar
of the Supreme Court is to forward a copy of the
declaration".
Teachers Registration Act 2000
1. Section 8(2) is amended by omitting "Tasmanian State
Service Act 1984" and substituting "State Service Act
2000".
Threatened Species Protection Act 1995
1. Section 8(3) is amended by omitting "employees within
the meaning of the Tasmanian State Service Act 1984" and
substituting "State Service officers or State Service
employees".
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sch. 1 No. Statute Law Revision 2003
2. Section 35(2) is amended as follows:
(a) by omitting "Fisheries Act 1959" and
substituting "Living Marine Resources
Management Act 1995";
(b) by omitting "for Primary Industry and
Fisheries" and substituting "administering
that Act".
3. Clause 5 of Schedule 2 is amended by omitting
"Tasmanian State Service Act 1984" and substituting
"State Service Act 2000".
Trustee Act 1898
1. Section 25AA(8) is amended by omitting "Powers of
Attorney Act 1934" and substituting "Powers of Attorney
Act 2000".
TT-Line Gaming Act 1993
1. Section 4 is amended by omitting subsection (7).
2. Section 5(1) is amended by omitting paragraph (b).
3. Section 9 is amended by omitting subsection (4).
Waterworks Clauses Act 1952
1. Section 11 is amended as follows:
30
2003 Statute Law Revision No. sch. 1
(a) by omitting from subsection (1) "police
magistrate" and substituting "magistrate";
(b) by omitting from subsection (2) "police
magistrate" and substituting "magistrate".
2. Section 20(1)(b) is amended by omitting "Public Health
Act 1962" and substituting "Public Health Act 1997".
3. Section 32(3) is amended by omitting "penalty of two
hundred dollars" and substituting "fine not exceeding 2
penalty units".
4. Section 42(2) is amended by omitting "penalty of ten
dollars" and substituting "fine not exceeding 0.1 penalty
unit".
5. Section 64 is amended as follows:
(a) by omitting from subsection (1) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(b) by omitting from subsection (2)(a) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(c) by omitting from subsection (2)(b) "Mining Act
1929 or in the Crown Lands Act 1935" and
substituting "Mineral Resources Development
Act 1995 or in the Crown Lands Act 1976";
(d) by omitting from subsection (3) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995";
(e) by omitting from subsection (4) "Mining Act
1929" and substituting "Mineral Resources
Development Act 1995".
31
sch. 1 No. Statute Law Revision 2003
6. Section 72(1) is amended by omitting "penalty of ten
dollars for every breach of such a duty, together with a
daily penalty of $2" and substituting "fine not exceeding
0.1 penalty unit for every breach of that duty, together
with a daily fine not exceeding 0.02 penalty unit".
Workplace Health and Safety Act 1995
1. Section 27(7)(a) is amended by omitting "Industrial
Relations Act 1988" and substituting "Workplace Relations
Act 1996".
32 Government Printer, Tasmania