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New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Abolition of statutory and other bodies 2
5 Repeal of other Acts 3
6 General savings, transitional and other provisions 3
7 Explanatory notes 3
Schedules
1 Minor amendments 4
Anti-Discrimination Act 1977 No 48 4
Children and Young Persons (Care and Protection) Act
1998 No 157 4
Community Land Development Act 1989 No 201 6
Conveyancers Licensing Act 1995 No 57 6
Evidence Act 1995 No 25 7
Fair Trading Act 1987 No 68 10
Fair Trading Tribunal Act 1998 No 161 11
Food Production (Safety) Act 1998 No 128 12
Statute Law (Miscellaneous Provisions) Bill 2000
Contents
Page
Forestry Act 1916 No 55 13
Health Services Act 1997 No 154 13
Heritage Act 1977 No 136 14
Impounding Act 1993 No 31 16
Landlord and Tenant Act 1899 No 18 17
Landlord and Tenant (Rental Bonds) Act 1977 No 44 17
Local Government Act 1993 No 30 17
Meat Industry Act 1978 No 54 21
Motor Dealers Act 1974 No 52 22
National Trust of Australia (New South Wales) Act 1990
No 92 22
Pesticides Act 1999 No 80 25
Police Regulation (Superannuation) Act 1906 No 28 26
Property, Stock and Business Agents Act 1941 No 28 27
Protected Disclosures Act 1994 No 92 28
Protection of the Environment Operations Act 1997 No
156 28
Residential Tenancies Act 1987 No 26 29
Residential Tribunal Act 1998 No 168 30
Retirement Villages Act 1999 No 81 31
Rural Lands Protection Act 1989 No 197 32
State Emergency Service Act 1989 No 164 32
Strata Schemes (Freehold Development) Act 1973 No 68 32
Strata Schemes (Leasehold Development) Act 1986 No
219 33
Subordinate Legislation Act 1989 No 146 33
Travel Agents Act 1986 No 5 34
Workplace Injury Management and Workers
Compensation Act 1998 No 86 35
2 Amendments consequent on abolition of statutory and
other bodies 36
3 Amendments by way of statute law revision 49
4 Amendments transferring provisions 72
5 Repeals 77
6 General savings, transitional and other provisions 79
Notes 85
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2000
Act No , 2000
An Act to abolish certain statutory and other bodies, to repeal certain Acts and to
amend certain other Acts and instruments in various respects and for the purpose
of effecting statute law revision; and to make certain savings.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2000.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this
section.
(2) The amendments made by Schedules 1 and 3 commence on the day or
days specified, or provided for, in those Schedules in relation to the
amendments concerned. If a commencement day is not specified or
provided for, the amendments commence on the date of assent to this Act.
(3) The repeal of the School Forest Areas Act 1936 by section 4 (2)
commences on the day following the end of the period of 12 months
commencing on the date of assent to this Act.
3 Amendments
Each Act or regulation specified in Schedules 1-4 is amended as set out
in those Schedules.
4 Abolition of statutory and other bodies
(1) Such of the following bodies as were in existence immediately before the
commencement of this section are abolished:
(a) the Agricultural Marketing Finance Agency constituted by section
115 of the Marketing of Primary Products Act 1983,
(b) the Community Services Training Council established under
section 14 of the Community Welfare Act 1987,
(c) the Conveyancers Licensing Committee constituted under section
146 of the Conveyancers Licensing Act 1992 and continued in
existence by clause 20 of Schedule 2 to the Conveyancers
Licensing Act 1995,
(d) the corporation sole constituted by section 4 of the School Forest
Areas Act 1936,
(e) all district committees constituted under section 17 of the School
Forest Areas Act 1936,
(f) the Engine Drivers and Boiler Attendants Examination Board
established under the Engine Drivers and Boiler Attendants
Certification Regulations,
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Statute Law (Miscellaneous Provisions) Bill 2000 Clause 4
(g) the Hairdressers Council constituted under section 105 of the
Factories, Shops and Industries Act 1962,
(h) the Health Advisory Council appointed under section 20 of the
Health Administration Act 1982,
(i) the Marine Ministerial Holding Corporation constituted under
section 29 of the Ports Corporatisation and Waterways
Management Act 1995,
(j) the Prices Commission constituted by section 4 of the Prices
Regulation Act 1948,
(k) the Professional Services Advisory Council appointed under
section 20 of the Health Administration Act 1982,
(l) all school forest trusts constituted under section 5 of the School
Forest Areas Act 1936,
(m) The State Mines Control Authority incorporated by section 13 of
the State Coal Mines Act 1912,
(n) the State Environment Protection Community Consultation Forum
established under section 23 of the Protection of the Environment
Administration Act 1991,
(o) the West/South West Sydney Region Environment Protection
Community Consultation Forum established under section 23 of
the Protection of the Environment Administration Act 1991.
(2) The following Acts are repealed:
(a) the School Forest Areas Act 1936,
(b) the State Coal Mines Act 1912.
5 Repeal of other Acts
Each Act specified in Schedule 5 is repealed.
6 General savings, transitional and other provisions
Schedule 6 has effect.
7 Explanatory notes
The matter appearing under the heading "Explanatory note" in any of the
Schedules does not form part of this Act.
Page 3
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
Schedule 1 Minor amendments
(Section 3)
1.1 Anti-Discrimination Act 1977 No 48
[1] Section 91 Reference of complaint to Tribunal at requirement of
complainant
Omit "of that notification" from section 91 (1).
Insert instead "on which that notification was given".
[2] Section 91 (3)
Insert after section 91 (2):
(3) If a notification under section 89B (4) or 90 (1) is given by post,
the 21 day period referred to in subsection (1) is taken to run from,
and includes, the fourth day after the notification was posted.
Explanatory note
Section 89B (Prosecution for serious vilification) of the Anti-Discrimination Act 1977 provides
for a vilification complaint under the Act to be referred to the Attorney General under certain
circumstances, and for the complainant to be notified of that referral. Section 90 (President may
decline to entertain complaint) provides for the President of the Anti-Discrimination Board to
decline to entertain a complaint in certain circumstances and for the complainant to be notified
of the reasons for that decision.
Section 91 provides that the complainant may, within 21 days after the date of either such
notification, require the President to refer the complaint to the Administrative Decisions
Tribunal.
The proposed amendments provide that, if the notification is posted, the 21 day period
commences four days after postage of the notification.
1.2 Children and Young Persons (Care and Protection) Act 1998
No 157
[1] Section 45 Prompt application to Children's Court for care order
Insert after section 45 (3) (and before the note to the section):
(4) Sections 61, 64, 67, 68 and 70 apply to an application for an
emergency care and protection order. The other provisions of Part
2 do not apply to such an order.
[2] Section 135 What is "out-of-home care"?
Insert ", or by virtue of the child or young person being a protected person" after
"Court" in section 135 (1) (c) (i).
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Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[3] Section 135 (3)
Insert after section 135 (2):
(3) In this section, protected person means:
(a) a child or young person who is a ward of the Supreme
Court and of whom the Minister or the Director-General
has the custody or care pursuant to an order of the Supreme
Court, or
(b) a child or young person who is under the guardianship of
the Director-General pursuant to section 34 (Guardianship
of child awaiting adoption) of the Adoption of Children Act
1965, or
(c) a child or young person in respect of whom the Minister or
the Director-General has parental responsibility, either
wholly or partially, pursuant to an order in force under the
Family Law Act 1975 of the Commonwealth, or
(d) a non-citizen child or young person in respect of whom the
Director-General exercises the functions of a guardian
pursuant to the Immigration (Guardianship of Children)
Act 1946 of the Commonwealth, or
(e) a child or young person who, having been a child or young
person referred to in paragraph (a), (b) or (c), was in the
custody of a person referred to in section 91 (1) (d) (i) or
(ii) of the Children (Care and Protection) Act 1987
immediately before its repeal.
[4] Section 206 Application for licence
Insert "as may be prescribed by the regulations" after "staff)" in section 206 (1).
Explanatory note
Item [1] of the proposed amendments makes it clear that applications for emergency care and
protection orders under Part 1 of Chapter 5 of the Children and Young Persons (Care and
Protection) Act 1998 are not subject to all of the procedural requirements of care applications
under Part 2 of Chapter 5.
Items [2] and [3] of the proposed amendments specify the period for which certain children and
young persons (formerly categorised as "protected persons" under the Children (Care and
Protection) Act 1987) may be provided with out-of-home care.
Item [4] of the proposed amendments provides for the regulations to prescribe what documents
and information are required to accompany an application for a licence to provide children's
services.
Page 5
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
1.3 Community Land Development Act 1989 No 201
Section 49 Application of Part
Insert after section 49 (1):
(1A) Despite section 8 of the Land Acquisition (Just Terms
Compensation) Act 1991, a resumption of land to which both this
Part and that Act apply must comply with this Part and that Act.
This Part prevails to the extent of any inconsistency.
(1B) A resumption of land to which this Part applies and to which Part
12 of the Roads Act 1993 applies must comply with this Part and
that Part. This Part prevails to the extent of any inconsistency.
Explanatory note
The proposed amendment makes it clear that Part 6 of the Community Land Development Act
1989 (which relates to the resumption of land within a community scheme, a precinct scheme
or a neighbourhood scheme, or land within a strata scheme that is part of a community
scheme) prevails over any inconsistent provision relating to compulsory acquisition in the Land
Acquisition (Just Terms Compensation) Act 1991 or Part 12 of the Roads Act 1993.
1.4 Conveyancers Licensing Act 1995 No 57
[1] Section 21 Employment of disqualified persons
Omit "or by the Commercial Tribunal" from section 21 (2).
[2] Section 21 (3)
Omit the subsection. Insert instead:
(3) If the Director-General refuses an application by a person for leave
under this section, the person may apply to the Administrative
Decisions Tribunal for a review of the decision.
[3] Section 35 Secrecy
Omit "or the Commercial Tribunal" from section 35 (5) (d).
[4] Section 84 Functions of the Director-General
Omit "Commercial Tribunal" from section 84 (b).
Insert instead "Administrative Decisions Tribunal".
[5] Section 84 (b)
Omit "or Tribunal's".
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Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
Explanatory note
Section 21 (1) of the Conveyancers Licensing Act 1995 prohibits a licensee under the Act from
employing a disqualified person in connection with his or her conveyancing business. Such a
person may be employed in accordance with leave given by the Director-General or by the
Commercial Tribunal.
Item [1] of the proposed amendments omits that reference to the Commercial Tribunal, which
has been abolished.
Item [2] of the proposed amendments provides for the Administrative Decisions Tribunal to
review a decision of the Director-General of the Department of Fair Trading not to give leave
to a disqualified person. At present, an appeal lies to the Commercial Tribunal.
Items [3]-[5] of the proposed amendments make consequential amendments.
1.5 Evidence Act 1995 No 25
[1] Section 48 Proof of contents of documents
Omit "adducing oral evidence" from section 48 (4) (b).
Insert instead "adducing from a witness evidence".
[2] Section 48, note
Omit the note. Insert instead:
Notes.
1
Clause 5 of Part 2 of the Dictionary is about the availability of documents.
2
Section 182 of the Commonwealth Act gives section 48 of the Commonwealth Act a
wider application in relation to Commonwealth records and certain Commonwealth
documents.
[3] Section 49 Documents in foreign countries
Insert at the end of the section:
Note. Section 182 of the Commonwealth Act gives section 49 of the Commonwealth Act
a wider application in relation to Commonwealth records and certain Commonwealth
documents.
[4] Section 50 Proof of voluminous or complex documents
Omit "volume and complexity" from section 50 (1) (b).
Insert instead "volume or complexity".
[5] Section 51 Original document rule abolished
Insert "and certain Commonwealth documents" after "records" in the note to the
section.
Page 7
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[6] Section 59 The hearsay rule--exclusion of hearsay evidence
Insert after section 59 (2) (and before the note to the section):
(3) Subsection (1) does not apply to evidence of a representation
contained in a certificate or other document given or made under
regulations made under an Act other than this Act to the extent to
which the regulations provide that the certificate or other document
has evidentiary effect.
[7] Section 63 Exception: civil proceedings if maker not available
Omit "oral" from section 63 (2) (a).
[8] Section 64 Exception: civil proceedings if maker available
Omit "oral" from section 64 (2) (a).
[9] Section 65 Exception: criminal proceedings if maker not available
Omit "oral" from section 65 (8) (a).
[10] Section 76 The opinion rule
Insert at the end of the section (and before the note to the section):
(2) Subsection (1) does not apply to evidence of an opinion contained
in a certificate or other document given or made under regulations
made under an Act other than this Act to the extent to which the
regulations provide that the certificate or other document has
evidentiary effect.
[11] Section 82 Exclusion of evidence of admissions that is not first-hand
Omit "orally" from section 82 (a).
[12] Section 147 Documents produced by processes, machines and other
devices in the course of business
Insert "and certain Commonwealth documents" after "records" in the note to the
section.
[13] Section 149 Attestation of documents
Insert "and certain Commonwealth documents" after "records" in the note to the
section.
[14] Section 152 Documents produced from proper custody
Insert "and certain Commonwealth documents" after "records" in the note to the
section.
Page 8
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[15] Section 155A
Insert after section 155:
155A Evidence of Commonwealth documents
* * * * * *
Note. The Commonwealth Act includes a provision that relates to evidence of
Commonwealth documents.
[16] Section 160 Postal articles
Omit "Commonwealth records" from the note to the section.
Insert instead "postal articles sent by a Commonwealth agency".
[17] Part 4.6 Ancillary provisions
Insert "and certain Commonwealth documents" after "records" in the note at the
beginning of Division 1.
[18] Part 4.6, Division 2
Insert "and certain Commonwealth documents" after "records" in the note at the
beginning of the Division.
[19] Section 183 Inferences
Insert "and certain Commonwealth documents" after "records" in the note to the
section.
[20] Dictionary
Omit "Public Service Act 1922" from paragraph (a) of the definition of
Commonwealth record in Part 1.
Insert instead "Public Service Act 1999".
[21] Dictionary
Insert after clause 8 in Part 2:
8A References to offices etc
In this Act:
(a) a reference to a person appointed or holding office under
or because of an Australian law or a law of the
Commonwealth includes a reference to an APS employee
within the meaning of the Public Service Act 1999 of the
Commonwealth, and
Page 9
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
(b) in that context, a reference to an office is a reference to a
position occupied by the APS employee concerned, and a
reference to an officer includes a reference to a Secretary,
or APS employee, within the meaning of the Act.
Explanatory note
Amendments mirroring amendments made to the Evidence Act 1995 of the
Commonwealth by the Law and Justice Legislation Amendment Act 1999 of the
Commonwealth
Items [1]-[19] of the proposed amendments mirror amendments made to the Evidence Act
1995 of the Commonwealth by the Law and Justice Legislation Amendment Act 1999 of the
Commonwealth.
Item [1] of the proposed amendments will enable a party to give evidence of the contents of a
document that is not available to it by adducing evidence from a witness in oral or written form.
Items [2], [3], [5], [12]-[14] and [16]-[19] of the proposed amendments amend notes in the Act
and are consequential on the inclusion of a new subsection in the Evidence Act 1995 of the
Commonwealth, relating to Commonwealth documents, that is not mirrored in the NSW Act.
Item [4] of the proposed amendments makes it clear that a court can direct that a party may
give evidence of the contents of two or more non-complex documents in the form of a
summary.
Item [6] of the proposed amendments precludes the application of the hearsay rule in section
59 (1) of the Act to evidence of a statement in a certificate or other document given or made
under regulations, to the extent that the regulations provide that the certificate or document has
evidentiary effect.
Items [7]-[9] of the proposed amendments will ensure that evidence within the exceptions to
the hearsay rule set out in sections 63, 64 and 65 can be given in oral or written form.
Item [10] of the proposed amendments precludes the application of the opinion rule in section
76 (1) of the Act to evidence of a statement in a certificate or other document given or made
under regulations to the extent that the regulations provide that the certificate or document has
evidentiary effect.
Item [11] of the proposed amendments ensures that evidence by a person who witnessed an
admission can be given in oral or written form.
Item [15] of the proposed amendments inserts a note referring to a Commonwealth provision
(relating to evidence of Commonwealth documents) that is not mirrored in the NSW Act.
Amendments consequent on enactment of the Public Service Act 1999 of the
Commonwealth and the Public Employment (Consequential and Transitional)
Amendment Act 1999 of the Commonwealth
The Public Service Act 1999 of the Commonwealth created a new public service structure
which involves the engagement of people as "APS employees". Such people do not hold office
under an Australian law and are therefore not within the scope of many provisions of the
Evidence Act 1995 that purport to cover Commonwealth public servants.
Item [20] of the proposed amendments updates a reference to the Commonwealth Act.
Item [21] of the proposed amendments will have the effect that the Evidence Act 1995 of New
South Wales will continue to apply to the evidence of Commonwealth public servants despite
the changes to the structure of the Commonwealth public service.
1.6 Fair Trading Act 1987 No 68
[1] Section 25B Membership
Omit "7 members" from section 25B (1). Insert instead "16 members".
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Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[2] Section 25B (2) (b)
Omit "6 persons". Insert instead "15 persons".
[3] Sections 25E (1), 25H (1) and 25K (1)
Omit "14 members" wherever occurring. Insert instead "16 members".
[4] Section 25E Membership
Omit "13 other persons" from section 25E (2) (b).
Insert instead "15 other persons".
[5] Sections 25H (2) (b) and 25K (2) (b)
Omit "13 persons" wherever occurring. Insert instead "15 persons".
[6] Schedule 4A Provisions relating to advisory councils
Insert at the end of clause 6:
(2) The appointment must be made within 2 months of the office
becoming vacant, or such longer time as the Minister considers
appropriate in the circumstances.
Explanatory note
Items [1] and [2] of the proposed amendments increase the membership of the Fair Trading
Advisory Council from 7 members to 16 members, of whom one is the Director-General of the
Department of Fair Trading (or his or her nominee) and the remainder are persons appointed
by the Minister.
Items [3], [4] and [5] of the proposed amendments increase the membership of the Motor Trade
Advisory Council, the Property Services Advisory Council and the Home Building Advisory
Council from 14 members to 16 members, by providing for two additional Ministerial appointees.
Item [6] amends the provision requiring vacancies in the Advisory Councils to be filled, so as
to require them to be filled within 2 months or such longer time as the Minister considers
appropriate in the circumstances.
1.7 Fair Trading Tribunal Act 1998 No 161
[1] Section 37 Issue of summons
Insert after section 37 (1):
(1A) The fee prescribed by the regulations is payable for the issue of a
summons on the application of a party to the proceedings.
Page 11
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[2] Schedule 1 Provisions relating to members of Tribunal
Insert after clause 3 (2):
(3) Despite subclause (2), a member of the Tribunal may:
(a) hold, and exercise the functions of, a judicial office or
another statutory or other public office, or
(b) engage in any other employment,
with the consent of the Chairperson.
Explanatory note
Item [1] of the proposed amendments provides for the regulations to prescribe a fee for the
issue of a summons by the Registrar of the Fair Trading Tribunal.
Item [2] of the proposed amendments removes the obligation on a full-time member of the Fair
Trading Tribunal to devote the whole of his or her time to the duties of office if the Chairperson
of the Tribunal consents to the member holding, and exercising the functions of, a judicial office
or another statutory or other public office, or engaging in any other employment.
1.8 Food Production (Safety) Act 1998 No 128
[1] Schedule 3 Amendment of Meat Industry Act 1978
Omit "Clause 4 (1)" from Schedule 3 [3].
Insert instead "Section 4 (1)".
[2] Schedule 3 [3]
Omit "licence,", "licensed premises," and "sell,".
[3] Schedule 3 [5]
Omit the item.
[4] Schedule 3 [6]
Omit the item. Insert instead:
[6] Sections 18, 19, 21-28, 34 and Divisions 3A and 4 of Part 3
Omit the sections and Divisions.
Explanatory note
The Food Production (Safety) Act 1998 constituted Safe Food Production NSW and defined
its powers, authorities, duties and functions. The Act amended the Meat Industry Act 1978,
including by providing for the repeal of Part 2 (Licences) and Part 3 (Inspections and regulation
of the meat industry).
Items [2]-[4] of the proposed amendments provide for the continuation of Part 2 of the Meat
Industry Act 1978 and of certain provisions relating to inspectors' powers in Part 3 of that Act.
They are consequential on the amendments to the Meat Industry Act 1978 made elsewhere in
this Schedule.
Item [1] of the proposed amendments corrects an incorporation direction.
Page 12
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
1.9 Forestry Act 1916 No 55
Section 7 Incorporation
Insert after section 7 (3):
(4) In the exercise of its functions under this or any other Act, the
commission may use the name "State Forests of NSW".
Explanatory note
The proposed amendment enables the Forestry Commission of New South Wales, established
under the Forestry Act 1916, to use the name "State Forests of NSW" in exercising its functions
under that or any other Act.
1.10 Health Services Act 1997 No 154
[1] Chapter 8 Visiting practitioners
Omit "fee-for-service contracts and sessional contracts of visiting medical
officers" from the second paragraph of the Introduction to the Chapter.
Insert instead "fee-for-service contracts or sessional contracts of visiting medical
officers (or both)".
[2] Section 89 Application for appointment of arbitrator (cf PH Act s 29L)
Omit "fee-for-service contracts and sessional contracts" from section 89 (1) (a).
Insert instead "fee-for-service contracts or sessional contracts (or both)".
[3] Section 91 Nature of determination (cf PH Act s 29M)
Omit "fee-for-service contracts and sessional contracts" from section 91 (1) (a).
Insert instead "fee-for-service contracts or sessional contracts (or both)".
Explanatory note
Part 2 of Chapter 8 of the Health Services Act 1997 explains, and provides for the
prerequisites for the entry into, service contracts between public health organisations and
medical practitioners or practice companies. It also enables the relevant Minister, on application
from the Australian Medical Association (NSW) Limited or the Minister for Health (or both), to
appoint an arbitrator to determine certain matters involving contracts of visiting medical officers
throughout the public health system.
At present, Part 2 provides for the appointment of an arbitrator to determine terms and
conditions of work, and amounts or rates of remuneration, for visiting medical officers under fee-
for-service contracts and sessional contracts. The proposed amendments will make it clear that
an arbitration in relation to one class of contract can occur separately from the other class. This
will restore the position as it applied under sections 29L and 29M of the Public Hospitals Act
1929, which were the predecessors of sections 89 and 91 of the Health Services Act 1997.
Page 13
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
1.11 Heritage Act 1977 No 136
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
approved form means a form approved by the Minister.
[2] Section 4 (1), definitions of "Department" and "Director"
Omit the definitions. Insert in alphabetical order:
Director means the Director of the Heritage Office.
[3] Section 4 (1), definition of "relic"
Omit "aboriginal settlement" from paragraph (a) of the definition.
Insert instead "Aboriginal settlement".
[4] Section 8 Members of the Heritage Council
Omit "Director who is an officer of the Department" from section 8 (2) (a) (iv).
Insert instead "Director-General of the Department of Urban Affairs and
Planning who is an officer of that Department".
[5] Section 8 (2) (b) (i)
Omit "aboriginal heritage". Insert instead "Aboriginal heritage".
[6] Section 8 (3) (c)
Omit "of the Heritage Office".
[7] Section 11 Vacation of office
Omit "Department" from section 11 (g). Insert instead "Heritage Office".
[8] Section 36 Commissioner of Inquiry
Omit "of the Heritage Office" from section 36 (1) (e).
[9] Section 60 Form of application
Omit "prescribed form". Insert instead "approved form".
[10] Section 82 Heritage Council may request preparation of an
environmental planning instrument
Omit "Director" wherever occurring.
Insert instead "Director-General of the Department of Urban Affairs and
Planning".
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Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[11] Section 121 Failure to comply with order
Omit "Director" from section 121 (5) (c).
Insert instead "Director-General of the Department of Urban Affairs and
Planning".
[12] Section 136 Order restricting harm to buildings etc
Omit "the Minister" where secondly occurring in section 136 (1).
Insert instead "he or she".
[13] Section 140 Application for excavation permit
Omit "prescribed form" from section 140 (2).
Insert instead "approved form".
[14] Section 151 Evidence
Omit "Department" wherever occurring in section 151 (2) (b) and (3).
Insert instead "Heritage Office".
[15] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Heritage Amendment Act 1998
Explanatory note
Administrative arrangements
The Heritage Office was removed from the Department of Urban Affairs and Planning, and was
established as a department of the Public Service, by the Public Sector Management (Heritage
Office) Order 1996 (See Gazette No 77 of 28.6.1996, p 3473).
Items [2], [4], [6]-[8], [10], [11] and [14] of the proposed amendments update references in the
Heritage Act 1977 to office holders and departments, so as to reflect the current administrative
arrangements concerning the Heritage Office.
Approved forms
Item [9] of the proposed amendments provides for an application for approval in respect of the
doing or carrying out of an act, matter or thing referred to in section 57 (Effect of interim
heritage orders and listing on State Heritage Register) to be made in the approved form rather
than in the prescribed form.
Item [13] of the proposed amendments provides for an application for an excavation permit to
be in the approved form rather than the prescribed form.
Item [1] of the proposed amendments makes a consequential amendment.
Other amendments
Items [3] and [5] of the proposed amendments capitalise words to achieve consistency with the
rest of the statute book.
Item [12] of the proposed amendments corrects an error made when gender-specific language
in a provision was replaced with gender-neutral language.
Item [15] of the proposed amendments provides for the making of regulations of a savings or
transitional nature consequent on the enactment of the Heritage Amendment Act 1998.
Page 15
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
1.12 Impounding Act 1993 No 31
Section 39
Omit the section. Insert instead:
39 Time limit for applications
(1) This section has effect despite the provisions of the Administrative
Decisions Tribunal Act 1997.
(2) The time limit for making an application for review of an
impounding decision is 28 days from the date on which
impounding was notified.
(3) However, if the owner of an impounded item is not notified of the
impounding of the item, there is no time limit for making an
application for a review of the impounding decision.
(4) The time limit for making an application for review of any fee or
charge required to be paid for the release of an impounded item is
28 days from the date on which application was made for the
release of the impounded item.
(5) Nothing in this section affects the operation of section 24.
Explanatory note
The Impounding Act 1993 empowers an impounding officer to impound an article found in the
officer's area of operations if the officer believes on reasonable grounds that the article has
been abandoned or left unattended. A person can make an application to the Administrative
Decisions Tribunal to review an impounding decision. The time limit for applications relates to
the date on which the impounding officer notified the owner of the impounding. At present,
section 39 (c) provides that if notice of the impounding of an article has not been given, the time
limit for making an application for review is 28 days from the day on which the article was
impounded.
The proposed amendment provides that if the owner has not been given notice of the
impounding of an article there is no time limit for making an application to review the
impounding decision.
Page 16
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
1.13 Landlord and Tenant Act 1899 No 18
Section 1B Exclusion of certain agreements from operation of Act
Insert "or the Residential Parks Act 1998" after "Residential Tenancies Act
1987".
Explanatory note
The proposed amendment provides that the Landlord and Tenant Act 1899 does not apply to
a residential tenancy agreement, or to land that is subject to a residential tenancy agreement,
to which the Residential Parks Act 1998 applies. (Before the enactment of the Residential Parks
Act 1998, the Residential Tenancies Act 1987 applied to such agreements and land and, as a
result of the operation of section 1B of the Landlord and Tenant Act 1899, the 1899 Act did not
apply. The proposed amendment restores that position.)
1.14 Landlord and Tenant (Rental Bonds) Act 1977 No 44
[1] Section 6 Constitution and procedure of the Board
Omit "Director-General of the Department of Urban Affairs and Planning" from
section 6 (1) (b).
Insert instead "Director-General of the Department of Housing".
[2] Schedule 1 Provisions relating to constitution and procedure of the
Board
Omit "Department of Urban Affairs and Planning" from clause 2 (1).
Insert instead "Department of Housing".
Explanatory note
The proposed amendments provide for the Director-General of the Department of Housing to
be a member of the Rental Bond Board, rather than the Director-General of the Department of
Urban Affairs and Planning. (The proposed amendments are to the same effect as the Public
Sector Management (Rental Bond Board) Order 2000, published in Gazette No 46 of 14 April
2000, p 3273.)
1.15 Local Government Act 1993 No 30
[1] Section 12B Copies of documents
Omit "resumes" from section 12B (4) (b).
Insert instead "information sheets".
[2] Section 55 What are the requirements for tendering?
Insert ", other than the leasing of community land for a term exceeding 5 years
to a body that is not a non-profit organisation (see section 46A)" after "leasing
of land by the council" in section 55 (3).
Page 17
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[3] Sections 57, 58 (1), 59 (1), 60, 61, 62 (1) and (2), 63 (1), 65 and 66 (1), (3)
and (4)
Omit "Minister for Public Works" wherever occurring.
Insert instead "Minister for Land and Water Conservation".
[4] Section 271 Who is an "occupier" or "ratepaying lessee" for the
purposes of this Part?
Insert after section 271 (2):
(2A) If a corporation or trustees is or are occupiers of more than one
parcel of land in an area, or if joint or several occupiers of one
parcel of land in an area are also joint or several occupiers of any
other parcel of land in the area, it or they can nominate a person as
the occupier of rateable land only in respect of one of those
parcels.
[5] Section 305 Can an elector vote if his or her name is not on the roll of
electors?
Omit ", substitute returning officer".
[6] Section 309 Contested elections
Insert "that civic office for" after "respect of" where secondly occurring in
section 309 (3).
[7] Section 311 Uncontested elections
Insert "that civic office for" before "that ward" wherever occurring in section
311 (4).
[8] Section 328 Obligation to disclose donations and expenditure
Omit "ordinary election and each by-election" from section 328 (1).
Insert instead "election".
[9] Section 328 (3) (k) and (l)
Insert after section 328 (3) (j):
, and
(k) references to current elections were references to elections
(other than by-elections) under this Act, and
(l) references to by-elections were references to by-elections
under this Act.
Page 18
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[10] Section 345 Preparation and implementation of EEO management plans
Insert "EEO" before "management" in the heading to the section.
[11] Section 374 Certain circumstances do not invalidate council decisions
Insert ", or to refrain from the consideration or discussion of, or vote on, the
relevant matter," after "interest" in section 374 (d).
[12] Section 400 Application of Act to county councils
Omit "Divisions 1-2C" from section 400 (1).
Insert instead "Divisions 1 and 2".
[13] Section 548 Minimum amounts
Insert after section 548 (7):
(8) A minimum amount of a rate specified for a parcel of land may not
differ from a minimum amount specified for any other parcel of
land within the same category or sub-category unless:
(a) the land values of the parcels were last determined by
reference to different base dates, and
(b) the Minister approves the different minimum amounts.
[14] Section 625 How may councils invest?
Omit section 625 (2). Insert instead:
(2) Money may be invested only in a form of investment notified by
order of the Minister published in the Gazette.
[15] Section 628 Failure to comply with order
Omit ", 7-12 and 15-17" from section 628 (1).
Insert instead "and 7-12".
[16] Section 736 Proclamations
Omit "under this Act" from section 736 (1).
Insert instead "under the Local Government Act 1919 or this Act".
[17] Section 742 Dispute resolution
Insert "or between one or more councils and one or more county councils," after
"county councils," in section 742 (1).
Page 19
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[18] Schedule 7 Savings, transitional and other provisions consequent on
the enactment of this Act
Omit clause 5. Insert instead:
5 Saving of certain proclamations
Any proclamation in force under the old Act immediately before
1 July 1993 is taken to be a proclamation under this Act.
Explanatory note
Item [1] of the proposed amendments updates a reference to candidate information sheets
(formerly called "resumes") which are required by section 308 of the Local Government Act
1993 to accompany the nomination of a candidate for election to a civic office.
Item [2] of the proposed amendments amends a provision that excludes contracts for the
leasing of land from the tendering requirements in section 55 of the Act. The amendment
makes the provision consistent with section 46A of the Act, which requires a lease or licence
of community land for a term exceeding 5 years to be granted only by tender (unless the lease
or licence is in favour of a non-profit organisation).
Item [3] of the proposed amendments updates references to the Minister responsible for the
construction of works of water supply, sewerage or stormwater drainage under the Public
Works Act 1912. (The Minister for Land and Water Conservation administers the relevant
provision of the Public Works Act 1912, namely section 34 (3).)
Item [4] of the proposed amendments provides that persons who are occupiers of more than
one parcel of land in a council area will not have more than one vote for a council election.
(Similar provisions apply to the voting rights of owners and ratepaying lessees.)
Item [5] of the proposed amendments omits a redundant reference to the substitute returning
officer. (Section 296 (2) of the Act provides that the substitute returning officer exercises the
functions of the returning officer in his or her absence.)
Items [6] and [7] of the proposed amendments make it clear that if a candidate for civic office
dies before candidates are elected, the election fails only to the extent that it applied to the
election to the particular civic office for which the candidate was nominated.
Items [8] and [9] of the proposed amendments require disclosure of electoral donations and
expenditure for all council elections. (At present, the obligation applies only to ordinary elections
and by-elections.)
Item [10] of the proposed amendments updates the heading to a section.
Item [11] of the proposed amendments makes it clear that the participation of a councillor or
a member of a council committee in the consideration or discussion of or vote on a matter
relating to a matter in which the councillor or other member has a pecuniary interest does not
invalidate the proceedings of the meeting.
Item [12] of the proposed amendments corrects a cross-reference.
Item [13] of the proposed amendments deals with the minimum amount of a rate that must be
levied in respect of a parcel of land. The amendment provides that different minimum amounts
may be specified within the same rating category or sub-category in the area when the land
values have been last determined by reference to different base dates and the Minister
approves of them.
Item [14] of the proposed amendments omits a redundant reference to investment by councils
in securities authorised under another Act. (Securities are no longer authorised under the
Trustee Act 1925.) The amended section provides for councils to invest money only in a form
of investment notified by order of the Minister.
Item [15] of the proposed amendments removes redundant references to certain orders (which
are also referred to in section 628 (1A)).
Page 20
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
Item [16] of the proposed amendments provides for the Governor to rescind, revoke, amend
or vary the operation of proclamations made under the Local Government Act 1919 (which are
saved by item [18] of the proposed amendments).
Item [17] of the proposed amendments provides for the Minister for Local Government to
determine disputes that arise between one or more councils and one or more county councils.
(The Minister currently has power to determine disputes between councils or between county
councils.)
Item [18] of the proposed amendments omits a redundant provision and replaces it with a
provision that saves proclamations made under the Local Government Act 1919.
1.16 Meat Industry Act 1978 No 54
Sections 6A and 6B
Insert after section 6:
6A Limited application of Act
(1) On and from the commencement of this subsection, Part 2 applies
to and in respect of saleyard licences only.
(2) A reference:
(a) in Part 2 to the Authority is to be read as a reference to
Safe Food, and
(b) in this Act to an inspector is to be read as a reference to an
authorised officer within the meaning of the Food
Production (Safety) Act 1998.
(3) The regulations in force immediately before the substitution of
section 77 (2) continue to have effect in respect of saleyard
licences as if that subsection had not been substituted and those
regulations may be amended or repealed accordingly.
(4) On and from 1 August 2003, the following provisions of this Act
are repealed:
(a) the definitions of licence, licensed premises and sell in
section 4 (1),
(b) Part 2,
(c) Part 3,
(d) subsections (1)-(3) of this section.
Page 21
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
6B Branding of meat
(1) Regulations under the Food Production (Safety) Act 1998 may
include provisions requiring the branding of meat to identify
whether it is lamb or hogget regardless of whether the purpose of
those provisions relates to the safety of the meat for human
consumption.
(2) Any such provisions cease to have effect on and from 1 August
2003 unless sooner repealed.
Commencement
The amendment to the Meat Industry Act 1978 commences on a day appointed by
proclamation.
Explanatory note
The Food Production (Safety) Act 1998 amended the Meat Industry Act 1978, including by
providing for the repeal of Part 2 (Licences) and Part 3 (Inspections and regulation of the meat
industry).
The proposed amendments to the Food Production (Safety) Act 1998 (made elsewhere in this
Schedule) provide for the continuation of Part 2 of the Meat Industry Act 1978 and of certain
provisions relating to inspectors' powers in Part 3 of that Act.
The proposed amendments to the Meat Industry Act 1978 apply those continued provisions,
until 1 August 2003, to and in respect of saleyard licences only (see proposed section 6A). The
proposed amendments also make it clear that (until 1 August 2003) the regulations made under
the Food Production (Safety) Act 1998 may include provisions relating to the branding of meat
to identify whether it is lamb or hogget even though the purpose of those provisions may not
relate to the safety of the meat for human consumption.
1.17 Motor Dealers Act 1974 No 52
Section 10 Application for licence
Insert after section 10 (2) (b) (ii):
, or
(iii) by a body corporate having only one director--by
that director.
Explanatory note
The proposed amendment provides for the making of an application for a licence under the
Motor Dealers Act 1974 by a body corporate that has only one director.
1.18 National Trust of Australia (New South Wales) Act 1990 No 92
[1] Section 8 The Board
Insert "Part 1 of" after "with" in section 8 (2) (a).
Page 22
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
[2] Section 8 (2) (a1)
Insert after section 8 (2) (a):
(a1) one director appointed by a unanimous decision of the
Board, in accordance with Part 2 of Schedule 1, and
[3] Schedule 1 Membership and procedure of the Board
Insert before clause 1:
Part 1 Directors elected by the Trust
[4] Schedule 1, clause 1
Omit "Schedule". Insert instead "Part".
[5] Schedule 1, clause 1
Insert "or the director referred to in section 8 (2) (a1)" after "Executive
Director".
[6] Schedule 1, clause 2 (3)
Omit "County of Cumberland" wherever occurring.
Insert instead "Sydney metropolitan area".
[7] Schedule 1, clause 2 (3) (b)
Omit "2". Insert instead "3".
[8] Schedule 1, clause 2 (5)
Insert after clause 2 (4):
(5) In this clause:
Sydney metropolitan area means the area comprising the
following local government areas:
Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Blue
Mountains, Botany, Burwood, Camden, Campbelltown,
Canterbury, Concord, Drummoyne, Fairfield, Gosford,
Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah,
Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly,
Marrickville, Mosman, North Sydney, Parramatta, Penrith,
Pittwater, Randwick, Rockdale, Ryde, South Sydney, Strathfield,
Sutherland, Sydney, Warringah, Waverley, Willoughby,
Wollondilly, Woollahra, Wyong.
Page 23
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[9] Schedule 1, Parts 2 and 3
Insert after clause 4:
Part 2 Director appointed by the Board
4A Definition
In this Part:
Board-appointed director means the director referred to in section
8 (2) (a1).
4B Appointment of Board-appointed director
(1) The Board-appointed director is to be appointed by unanimous
decision of the directors referred to in section 8 (2) (a).
(2) A person is not eligible for appointment as the Board-appointed
director if the person:
(a) is under the age of 18 years, or
(b) holds any office or place of profit under the Trust, or
(c) holds or has held the office of Board-appointed director, or
(d) was a candidate for election as a director referred in section
8 (2) (a) at the most recent election held for such directors.
4C Acting Board-appointed director
(1) The Board-appointed director may, from time to time and in
accordance with the rules, appoint a person to be an acting Board-
appointed director in his or her place and may revoke any such
appointment.
(2) In the absence of the Board-appointed director, any acting Board-
appointed director for that director:
(a) is, if available, to act in the place of the Board-appointed
director, and
(b) while so acting, has all the functions of the Board-
appointed director and is to be considered to be a director,
subject to the rules.
4D Term of office of Board-appointed director
Subject to this Schedule, a Board-appointed director holds office
for such period (not exceeding 2 years) as is specified in the
Board-appointed director's instrument of appointment.
Page 24
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
Part 3 General
4E Definition
In this Part:
non-executive director means a director of the Board other than
the Executive Director.
[10] Schedule 1, clause 7
Omit "an elected director" wherever occurring.
Insert instead "a non-executive director".
Transitional
The proposed amendments to the National Trust of Australia (New South Wales) Act 1990
apply in respect of the first election of elected directors under Part 1 of Schedule 1 to the Act
following the commencement of the amendments and in respect of subsequent elections.
Explanatory note
At present, the Board of The National Trust of Australia (New South Wales) consists of 12
elected directors and one Executive Director. Of the 12 elected directors at least 2 are required
to be ordinarily resident in the County of Cumberland and at least 2 are required to be ordinarily
resident elsewhere in New South Wales.
Item [2] of the proposed amendments increases the number of elected directors of the Board
from 12 to 13, with the thirteenth being appointed by the Board.
Items [6]-[8] of the proposed amendments provide for at least 2 of the directors elected by the
Trust to be ordinarily resident in the Sydney metropolitan area (which is a wider area than the
County of Cumberland) and increase the minimum number of directors elected by the Trust
who are required to be resident in non-metropolitan areas from 2 to 3.
The other proposed amendments are consequential on the amendment proposed by item [2].
1.19 Pesticides Act 1999 No 80
[1] Section 38 Making of pesticide control order
Insert after section 38 (5):
(5A) A pesticide control order may refer to or incorporate, with or
without modification, a standard or other document prepared or
published by a body specified in the order, as in force at a
particular time or from time to time.
[2] Section 41 Destruction of pesticides
Insert ", or cause any pesticide to be destroyed or rendered harmless," after "any
pesticide" in section 41 (4).
[3] Section 44 Disclosure of information
Omit "performance of the" from section 44 (3).
Insert instead "performance of".
Page 25
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
[4] Section 67 Establishment of Implementation Committee
Insert "to" after "regard" in section 67 (4).
Explanatory note
Pesticide control orders
Section 38 of the Pesticides Act 1999 provides for the making of pesticide control orders.
Item [1] of the proposed amendments provides for a pesticide control order to refer to or
incorporate standards or other documents.
Destruction of pesticides
Section 41 empowers an authorised officer to give directions for the destruction of, or rendering
harmless of, any pesticide if the authorised officer is of the opinion that it is necessary in the
interest of public health or of any person, or because of any harm or risk of harm to any person,
or to property, to the environment or a trade. Section 41 (4) provides that an authorised officer
may destroy or render harmless any pesticide if the owner of the pesticide authorises the
authorised officer to do so.
Item [2] of the proposed amendments provides that an authorised officer may cause a third
person to destroy or render harmless any pesticide if the owner of the pesticide authorises the
authorised officer to do so.
Other amendments
Item [3] of the proposed amendments omits a redundant word.
Item [4] of the proposed amendments inserts a missing word.
1.20 Police Regulation (Superannuation) Act 1906 No 28
Section 14AA Power of STC to reduce benefits to offset certain tax
liabilities of the Fund
Insert after section 14AA (2):
(2A) Subsections (1) and (2) apply to benefits that accrued on, before or
after 20 March 1989 (the date of commencement of this section)
and that are still payable to the former member, or a spouse of the
former member, on 1 July 2000.
(2B) For the purposes of the application of subsections (1) and (2) to a
benefit that accrued before 1 July 1997, the regulations may
provide for the reduction of the benefit on and from 1 July 2000 or
a later date specified in the regulations.
Commencement
The amendment to the Police Regulation (Superannuation) Act 1906 commences on 1 July
2000.
Explanatory note
Section 14AA of the Police Regulation (Superannuation) Act 1906 requires the trustee of the
Police Superannuation Fund to reduce the amount of benefits that become payable to or in
respect of a contributor, if the contributions that fund the benefits have been taxed under
Commonwealth tax legislation. The reduction applies only to those benefits specified in the
regulations and is calculated by a method prescribed by the regulations.
Page 26
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
The proposed amendment makes it clear that section 14AA (1) and (2) applies to pensions that
are being paid on 1 July 2000 and that became payable before or after the commencement of
the section (on 20 March 1989). In particular, the proposed amendments apply to pensions that
became payable between 1 July 1988 and 30 June 1997.
1.21 Property, Stock and Business Agents Act 1941 No 28
[1] Section 38B Inspection of records
Omit "in which that money is held" from section 38B (2A) (b).
[2] Section 42A Review of commissions, fees etc
Insert at the end of section 42A (4):
For the purpose of the application of the Consumer Claims Act
1998 to that person, a reference in that Act to a "consumer" is
taken to include a reference to that person.
[3] Section 86 Furnishing incorrect particulars in applications
Insert "or" at the end of section 86 (2) (a).
[4] Section 86A Officers of Department not to disclose information
Omit "or section 55" from section 86A (1).
[5] Section 86A (1) (a) (iii)
Omit "51D". Insert instead "60".
[6] Section 86A (1) (c)
Omit "section 74". Insert instead "section 64J".
Explanatory note
Inspection of documents of financial institutions
Section 38B of the Property, Stock and Business Agents Act 1941 empowers authorised
persons to require any bank, building society or credit union with which a licensee has
deposited any money in any account to produce for inspection its written records relating to the
account.
Item [1] of the proposed amendments makes it clear that the money need not still be in the
account when the requirement to produce records is made.
Review of commissions
Section 42A of the Act provides that a person served with a statement of claim from a real
estate agent can apply to have the agent's commission reviewed in accordance with section
6 of the Consumer Claims Act 1998. Section 6 applies only to "consumers", as defined in the
1998 Act.
Item [2] of the proposed amendments provides that a person who receives a statement of claim
can apply for review despite the fact that the person is not a "consumer" within the meaning of
section 6.
Page 27
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
Statute law revision
Item [3] of the proposed amendments makes it clear that two paragraphs operate as
alternatives.
Item [4] of the proposed amendments omits a reference to a repealed section.
Items [5] and [6] of the proposed amendments correct cross-references.
1.22 Protected Disclosures Act 1994 No 92
Section 4 Definitions
Insert "a State owned corporation, a subsidiary of a State owned corporation or"
after "employee of" in the definition of public official.
Explanatory note
The Protected Disclosures Act 1994 provides protection for public officials disclosing corrupt
conduct, maladministration and waste in the public sector.
The proposed amendment makes it clear that an employee of a State owned corporation or a
subsidiary of a State owned corporation is a public official for the purposes of the Act.
1.23 Protection of the Environment Operations Act 1997 No 156
[1] Section 198 Powers of authorised officers to do things at premises
Omit "Part" wherever occurring in section 198 (1) and (2) (i).
Insert instead "Chapter".
[2] Dictionary
Omit the definition of waste. Insert instead:
waste (unless specially defined) includes:
(a) any substance (whether solid, liquid or gaseous) that is
discharged, emitted or deposited in the environment in such
volume, constituency or manner as to cause an alteration in
the environment, or
(b) any discarded, rejected, unwanted, surplus or abandoned
substance, or
(c) any otherwise discarded, rejected, unwanted, surplus or
abandoned substance intended for sale or for recycling,
reprocessing, recovery or purification by a separate
operation from that which produced the substance, or
(d) any substance prescribed by the regulations to be waste for
the purposes of this Act.
A substance is not precluded from being waste for the purposes of
this Act merely because it can be reprocessed, re-used or recycled.
Page 28
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
Explanatory note
Investigations
Part 7.4 of the Protection of the Environment Operations Act 1997 sets out powers relating to
entry and search of premises. Section 198 of the Act sets out the powers of authorised officers
to do things at premises, including examining and inspecting any works, plant, vehicle, aircraft
or other article or taking and removing samples. That section empowers the doing of anything
that is in the opinion of the authorised officer necessary to be done for the purposes of Part 7.4
(which merely sets out powers of entry and search).
Item [1] of the proposed amendments provides for those powers to be exercised when
necessary for the purposes of Chapter 7 (Investigation).
Definition of "waste"
Item [2] of the proposed amendments inserts a definition of waste in the Protection of the
Environment Operations Act 1997. ("Waste" is presently defined by reference to the definition
in the Waste Minimisation and Management Act 1995.)
1.24 Residential Tenancies Act 1987 No 26
[1] Section 3 Definitions
Omit the definition of Residential Tenancies Program Account from section
3 (1).
[2] Section 129 Costs of administration
Omit the section.
Explanatory note
Section 129 of the Residential Tenancies Act 1987 provides that the cost of administration of
the Act and the Residential Parks Act 1998 in any year should not exceed the amount of
contributions paid for those purposes into the Residential Tenancies Program Account (which
is defined as an account that contains contributions from accounts under the Property, Stock
and Business Agents Act 1941 and the Landlord and Tenant (Rental Bonds) Act 1977).
However, section 20 (2A) of the Landlord and Tenant (Rental Bonds) Act 1977 provides that
payment of half of the costs of the administration of the Residential Tenancies Act 1987, the
Residential Tribunal Act 1998 and the Residential Parks Act 1998 will be met from contributions
from the Rental Bond Interest Account. Similarly, section 63E of the Property, Stock and
Business Agents Act 1941 provides that half of the costs of the administration of those Acts will
be paid from the Statutory Interest Account established under the 1941 Act. The proposed
amendments omit the redundant references to the Residential Tenancies Program Account.
Page 29
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
1.25 Residential Tribunal Act 1998 No 168
[1] Section 25A
Insert after section 25:
25A Parties to proceedings
(1) If a party to proceedings before the Tribunal has a right to proceed
against 2 or more persons having joint liability, it is sufficient if
any one or more of those persons is or are served with process in
the proceedings, and a decision in the proceedings may be given
or entered up and enforced against the person or persons subject to
the liability.
(2) Section 97 (Joint liability) of the Supreme Court Act 1970 applies
to and in respect of a decision given or entered up in proceedings
before the Tribunal in the same way as it applies to and in respect
of a judgment given in proceedings before the Supreme Court.
(3) If, at any time before or during proceedings before it, the Tribunal
is of the opinion that a person ought to be joined as a party to the
proceedings, the Tribunal may, by notice in writing given to the
person or by oral direction given during proceedings, join the
person as a party to the proceedings.
[2] Section 37 Issue of summons
Insert after section 37 (1):
(1A) The fee prescribed by the regulations is payable for the issue of a
summons on the application of a party to the proceedings.
[3] Schedule 1 Provisions relating to members of Tribunal
Insert after clause 3 (2):
(3) Despite subclause (2), a member of the Tribunal may:
(a) hold, and exercise the functions of, a judicial office or
another statutory or other public office, or
(b) engage in any other employment,
with the consent of the Chairperson.
Explanatory note
Item [1] of the proposed amendments provides for the conduct of proceedings, including the
service of notices, in relation to parties with a joint liability (for example, co-tenants). (The
inclusion of the amendment restores the position existing under the Residential Tenancies Act
1987.)
Page 30
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
Item [2] of the proposed amendments provides for the regulations to prescribe a fee for the
issue of a summons by the Registrar of the Residential Tribunal.
Item [3] of the proposed amendments removes the obligation on a full-time member of the
Residential Tribunal to devote the whole of his or her time to the duties of office if the
Chairperson of the Tribunal consents to the member holding, and exercising the functions of,
a judicial office or another statutory or other public office, or engaging in any other employment.
1.26 Retirement Villages Act 1999 No 81
[1] Section 20 Copies of certain documents to be available
Omit "3 months" from section 20 (1) (d).
Insert instead "4 months".
[2] Section 75 Attendance at meetings of residents
Insert "(other than a duly-appointed proxy of a resident)" after "A person" in
section 75 (2).
[3] Section 150 References to "owner" and sale of "residential premises"
Omit "the amount of any payment" from section 150 (1) (b).
Insert instead "the total payment".
[4] Section 172 Vendor's application to Tribunal concerning proposed
purchaser
Omit "resident" from section 172 (2). Insert instead "vendor".
[5] Section 202 Costs of administration
Omit "Council" from section 202 (b).
Explanatory note
Item [1] of the proposed amendments removes an inconsistency between two provisions
dealing with the keeping of accounts (namely sections 20 and 119). Section 20 is amended in
consequence of an amendment in committee made to section 119 during the passage of the
Bill for the Act through Parliament.
Item [2] of the proposed amendments removes any doubt that a duly-appointed proxy of a
resident of a retirement village has the right to attend meetings of the residents of the village.
Item [3] of the proposed amendments makes it clear that the reference to an amount of money
that an operator of a retirement village is required to pay, under a residence contract, to a
resident who has permanently vacated his or her premises in the village is a reference to the
total amount payable. (The reference occurs in a provision that deems certain residents of
retirement villages to be "owners" of their residential premises in the village for the purposes of
Part 10 (Matters relating to vacation of premises) of the Act.)
Item [4] of the proposed amendments amends a reference in section 172 (2) for consistency
with section 172 (1).
Item [5] of the proposed amendments corrects an incorrect reference to the name of an
account.
Page 31
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
1.27 Rural Lands Protection Act 1989 No 197
[1] Section 205 Penalty notices for certain offences
Omit "An authorised officer" from section 205 (1).
Insert instead "A prescribed officer".
[2] Section 205 (9)
Insert after section 205 (8):
(9) In this section, prescribed officer means:
(a) in the case of an offence under section 88, an authorised
officer or a police officer, or
(b) in any other case, an authorised officer.
Explanatory note
The proposed amendment provides for police officers to issue penalty notices for breaches of
section 88 of the Rural Lands Protection Act 1989, which imposes restrictions on the movement
of stock by vehicular transport.
1.28 State Emergency Service Act 1989 No 164
Section 17 Local controllers
Omit "Minister" from section 17 (6). Insert instead "Director-General".
Explanatory note
Section 17 of the State Emergency Service Act 1989 provides for the appointment of local
controllers for local government areas. Under the section, the relevant local government council
is required to provide suitable training facilities and storage and office accommodation to enable
the local controller to exercise his or her functions. Such facilities and accommodation are
required to be of a standard approved by the Minister.
The proposed amendment provides for the Director-General of the State Emergency Service,
rather than the Minister, to approve the standards of such facilities and accommodation.
1.29 Strata Schemes (Freehold Development) Act 1973 No 68
Section 34A
Insert after section 34:
34A Resumptions where resuming authority is bound by this Act
(1) Despite section 8 of the Land Acquisition (Just Terms
Compensation) Act 1991, a resumption of land to which both this
Division and that Act apply must comply with this Division and
that Act. This Division prevails to the extent of any inconsistency.
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Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
(2) A resumption of land to which this Division applies and to which
Part 12 of the Roads Act 1993 applies must comply with this
Division and that Part. This Division prevails to the extent of any
inconsistency.
Explanatory note
The proposed amendment makes it clear that Division 3 of Part 2 of the Strata Schemes
(Freehold Development) Act 1973 (which relates to the compulsory acquisition of lots and
common property the subject of a strata scheme) prevails over any inconsistent provision
relating to compulsory acquisition in the Land Acquisition (Just Terms Compensation) Act 1991
or Part 12 of the Roads Act 1993.
1.30 Strata Schemes (Leasehold Development) Act 1986 No 219
Section 63A
Insert after section 63:
63A Resumptions where resuming authority is bound by this Act
(1) Despite section 8 of the Land Acquisition (Just Terms
Compensation) Act 1991, a resumption of land to which both this
Division and that Act apply must comply with this Division and
that Act. This Division prevails to the extent of any inconsistency.
(2) A resumption of land to which this Division applies and to which
Part 12 of the Roads Act 1993 applies must comply with this
Division and that Part. This Division prevails to the extent of any
inconsistency.
Explanatory note
The proposed amendment makes it clear that Division 6 of Part 2 of the Strata Schemes
(Leasehold Development) Act 1986 (which relates to the compulsory acquisition of lots and
common property the subject of a leasehold strata scheme) prevails over any inconsistent
provision relating to compulsory acquisition in the Land Acquisition (Just Terms Compensation)
Act 1991 or Part 12 of the Roads Act 1993.
1.31 Subordinate Legislation Act 1989 No 146
[1] Section 10 Staged repeal of statutory rules
Omit section 10 (3)-(8).
[2] Section 10 (3)
Insert after section 10 (2):
(3) Despite subsection (1), the following regulations are repealed on
1 April 2001:
Page 33
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 1 Minor amendments
(a) Occupational Health and Safety (Confined Spaces)
Regulation 1990,
(b) Occupational Health and Safety (First-aid) Regulation
1989,
(c) Occupational Health and Safety (Floors, Passageways and
Stairs) Regulation 1990,
(d) Occupational Health and Safety (Notification of Accidents)
Regulation 1990,
(e) Occupational Health and Safety (Pest Control) Regulation
1988.
[3] Section 11 Postponement of repeal in specific cases
Omit "section 10 (3)-(8)" from section 11 (6).
Insert instead "section 10 (3)".
Explanatory note
Part 3 of the Subordinate Legislation Act 1989 provides for the staged repeal of statutory rules.
Section 10 sets out the dates on which statutory rules are repealed and section 11 provides for
the postponement of repeal in specific cases.
Item [1] of the proposed amendment omits spent subsections.
Item [2] of the proposed amendments extends until 1 April 2001 the repeal of certain regulations
made under the Occupational Health and Safety Act 1983. Section 11 (3) of the Subordinate
Legislation Act 1989 has the effect that no further postponement is otherwise available.
Item [3] of the proposed amendments makes a consequential amendment.
1.32 Travel Agents Act 1986 No 5
[1] Section 8 Application for licence
Omit "2 directors" from section 8 (2) (b).
Insert instead "1 director".
[2] Section 17 Annual fee and annual statement
Omit "2 directors" from section 17 (3) (b).
Insert instead "1 director".
Explanatory note
The proposed amendments provide for the making of an application for a licence under the
Travel Agents Act 1986, and for the making of an annual statement, by a body corporate that
has only one director.
Page 34
Statute Law (Miscellaneous Provisions) Bill 2000
Minor amendments Schedule 1
1.33 Workplace Injury Management and Workers Compensation Act
1998 No 86
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
conciliation certificate means a certificate issued under section 84.
[2] Sections 101 (1) (a) and (2), 102 (1) (a) and (2) and 103 (1) (a) and (2)
Omit "certificate of conciliation outcome" wherever occurring.
Insert instead "conciliation certificate".
Explanatory note
A certificate of conciliation outcome referred to in sections 101, 102 and 103 of the Workplace
Injury Management and Workers Compensation Act 1998 is one category of conciliation
certificate (referred to in section 84).
The proposed amendments makes the terminology in those provisions consistent.
Page 35
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
Schedule 2 Amendments consequent on abolition of
statutory and other bodies
(Section 3)
2.1 Community Welfare Act 1987 No 52
[1] Section 3 Definitions
Omit the definition of Community Services Training Council from section
3 (1).
[2] Section 3 (1), definition of "council"
Omit "the Community Services Training Council,".
[3] Section 14 Community Services Training Council
Omit the section.
[4] Schedule 1 Constitution of certain councils
Omit clause 2 of Schedule 1.
[5] Schedule 1, clause 11 (f) and (g)
Omit the paragraphs. Insert instead, at the end of paragraph (d):
or
(e) is removed from office by the Governor.
[6] Schedule 2 Procedure of certain councils and committees
Omit clause 7 (2).
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Community
Services Training Council.
2.2 Conveyancers Licensing Act 1995 No 57
Schedule 2 Savings, transitional and other provisions
Omit clause 20.
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Conveyancers
Licensing Committee.
Page 36
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
2.3 Dairy Industry Act 1979 No 208
[1] Section 4 Definitions
Omit the definition of Prices Commission from section 4 (1).
Insert instead, in alphabetical order:
IPART means the Independent Pricing and Regulatory Tribunal
established by the Independent Pricing and Regulatory Tribunal
Act 1992.
[2] The whole Act (except to the extent to which its provisions are
otherwise repealed or amended by this Act)
Omit "The Prices Commission" and "the Prices Commission" wherever
occurring.
Insert instead "IPART".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Prices
Commission.
2.4 Engine Drivers and Boiler Attendants Certification Regulations
[1] Regulation 2 Definitions
Omit the definition of The Board from Regulation 2 (1) (a).
[2] Part 2 Engine Drivers and Boiler Attendants Examination Board
Omit the Part.
[3] The whole Regulations (except the Third Schedule)
Omit "Board" wherever occurring. Insert instead "Authority".
[4] Regulation 4 Types of certificates
Omit "the Chairman of" from Regulation 4 (3).
[5] Regulation 4 (3)
Omit "Chairman" where secondly occurring. Insert instead "Authority".
[6] Third Schedule Certificates of competency
Omit "Engine Drivers and Boiler Attendants Examination Board" wherever
occurring.
Insert instead "WorkCover Authority".
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
[7] Third Schedule
Omit "Chairman" wherever occurring.
Insert instead "WorkCover Authority".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Engine Drivers and
Boiler Attendants Examination Board.
2.5 Factories, Shops and Industries Act 1962 No 43
[1] Section 104 Definitions
Omit the definitions of Council and Member.
[2] Part 6, Division 2 (sections 105 and 106)
Omit the Division.
[3] Section 112 Regulations
Omit section 112 (g).
[4] Section 152A Performance of Director-General's functions
Omit section 152A (3).
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Hairdressers
Council.
2.6 Fisheries Management Act 1994 No 38
Section 198 Application of Division
Omit "Marine Ministerial Holding Corporation" from section 198 (c).
Insert instead "Waterways Authority".
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
Page 38
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
2.7 Freedom of Information Regulation 2000
Schedule 3 Public authorities
Omit the matter relating to the Hairdressers Council, the Health Authority
Council and the Prices Commission from Part 3 of the Schedule.
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Hairdressers Council,
the Health Advisory Council and the Prices Commission.
2.8 Health Administration Act 1982 No 135
[1] Section 20 Appointment of advisory bodies
Omit section 20 (1)-(3).
[2] Section 20 (4)
Omit "other".
[3] Section 20 (5)
Omit "subsection (4)". Insert instead "this section".
[4] Section 20 (6), (8) and (9)
Omit "subsection (1) or (4)" wherever occurring. Insert instead "this section".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Health Advisory
Council and the Professional Services Advisory Council.
2.9 Impounding Act 1993 No 31
Dictionary
Omit "the Marine Ministerial Holding Corporation or" from the definition of
area of operations.
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
Page 39
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
2.10 Local Government Act 1993 No 30
Section 600 Rebates in respect of certain land vested in public bodies
Omit "the Marine Ministerial Holding Corporation," from the definition of
public body in section 600 (9).
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
2.11 Marine Safety Act 1998 No 121
Section 133 Proof of certain matters not required
Omit ", the Marine Ministerial Holding Corporation" from section 133 (2) (k).
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
2.12 Marketing of Primary Products Act 1983 No 176
[1] Section 4 Definitions
Omit the definitions of Agency and authority from section 4 (1).
Insert instead in alphabetical order:
authority means a board or a committee.
[2] Part 6, Division 2 (sections 113A-122)
Omit Division 2 of Part 6.
[3] Section 163 Regulations
Omit ", a committee or the Agency" from section 163 (2) wherever occurring.
Insert instead "or a committee".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Agricultural
Marketing Finance Agency.
Page 40
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
2.13 Ports Corporatisation and Waterways Management Act 1995
No 13
[1] Section 3 Definitions
Omit the definition of Ministerial Corporation from section 3 (1).
[2] Section 16 Transfer of MSB port assets, rights and liabilities
Omit section 16 (6) (a).
[3] Sections 17 (1), 26 (2) and 59 (4) (b)
Omit "Ministerial Corporation" wherever occurring.
Insert instead "Waterways Authority".
[4] Part 3 Marine safety and other functions of Minister
Omit the headings to Divisions 1 and 2.
[5] Sections 29, 30, 31, 32 and 34
Omit the sections.
[6] Section 33 Acquisition of land by Waterways Authority
Omit "Ministerial Corporation" wherever occurring in section 33 (1), (3) and
(4).
Insert instead "Minister".
[7] Section 33 (2A)
Insert after section 33 (2):
(2A) Land so acquired for the purposes of the Waterways Authority
may be transferred to the Waterways Authority, but only if the
Waterways Authority makes provision to the satisfaction of the
Minister for the payment of the purchase price or of compensation
for compulsory acquisition (together with all necessary charges and
expenses incidental to the acquisition).
[8] Section 40A
Insert after section 40:
40A Abolition of Marine Ministerial Holding Corporation
(1) On the abolition of the Marine Ministerial Holding Corporation,
the assets, rights and liabilities of the Marine Ministerial Holding
Corporation are transferred to the Waterways Authority.
Page 41
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
(2) Schedule 1 applies to the transfer of the assets, rights and liabilities
of the Marine Ministerial Holding Corporation.
(3) On the abolition of the Marine Ministerial Holding Corporation, a
reference in any Act, in any instrument made under any Act or in
any document of any kind to the Marine Ministerial Holding
Corporation is taken to be a reference to the Waterways Authority.
Note. The Marine Ministerial Holding Corporation was abolished by section 4
of the Statute Law (Miscellaneous Provisions) Act 2000.
[9] Section 41 Functions of Authority
Insert ", lease" after "use" in section 41 (3) (a).
[10] Section 41 (3) (a1), (a2) and (a3)
Insert after section 41 (3) (a):
(a1) hold on behalf of the State, retain, transfer and dispose of
assets, rights and liabilities transferred to it under this Act,
(a2) carry on any activity or business that relates to the assets,
rights and liabilities transferred to it or that is incidental or
ancillary to the assets, right and liabilities transferred to it,
(a3) develop and manage land transferred to it under this Act or
otherwise acquired by it,
[11] Section 45 Transfer of assets, rights and liabilities to or from
Waterways Authority
Omit the section.
[12] Section 47 Definitions generally
Omit section 47 (2).
[13] Section 58 Application of Division
Omit "or the Minister".
Insert instead ", the Minister or the Waterways Authority".
[14] Section 64 Application of Division
Insert "or the Waterways Authority" after "Minister".
[15] Section 107 Combined financial and other reporting by Authority and
Minister's Department
Omit ", the Ministerial Corporation" from section 107 (2).
Page 42
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
[16] Section 108 Service of documents
Omit "Ministerial Corporation or" wherever occurring in section 108 (1).
[17] Sections 108 (2) and 109 (1) and (2)
Omit "the Ministerial Corporation or" wherever occurring.
[18] Section 108 (3) and 109 (3)
Omit the subsections.
[19] Schedule 1
Insert "and of the Marine Ministerial Holding Corporation" after "subsidiaries"
in the heading to the Schedule.
[20] Schedule 1
Insert "(repealed), 40A," after "32" in the matter under the heading to the
Schedule.
[21] Schedule 1, clause 1
Insert at the end of the clause:
Ministerial Corporation means the Marine Ministerial Holding
Corporation as formerly constituted under Part 3 (as enacted).
[22] Schedule 1, clause 2 (2A)
Insert after clause 2 (2):
(2A) This Schedule also applies to the transfer of assets, rights and
liabilities to the Waterways Authority by the operation of section
40A and so applies as if that section were an order to which this
Schedule applies taking effect when that section takes effect.
[23] Schedule 1, clause 10
Insert "or the Waterways Authority" after "Corporation" in the heading to the
clause.
[24] Schedule 1, clause 10 (1)
Insert "(as in force immediately before its repeal) or the transfer to the
Waterways Authority of particular assets, rights or liabilities by the operation
of section 40A" after "section 32".
Page 43
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
[25] Schedule 1, clauses 11 and 12
Omit clause 11. Insert instead:
11 Successor of MSB, MSB subsidiary or Ministerial Corporation
The Waterways Authority is taken for all purposes, including the
rules of private international law, to be the successor of the MSB,
of each MSB subsidiary and of the Ministerial Corporation (except
in respect of assets, rights and liabilities transferred under this Act
to any other body or person).
12 Leases
(1) Any lease entered into by the Ministerial Corporation between 10
March 2000 and the date of commencement of this clause is taken
to have been entered into by the Ministerial Corporation as the
agent of the Waterways Authority.
(2) On and from the abolition of the Ministerial Corporation, any
interest of the Ministerial Corporation in any such lease is
transferred to the Waterways Authority.
[26] Schedule 5 Savings, transitional and other provisions
Omit clauses 7 and 8.
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Marine Ministerial
Holding Corporation constituted under the Ports Corporatisation and Waterways Management
Act 1995.
2.14 Prices Regulation Act 1948 No 26
[1] The whole Act (except to the extent to which its provisions are
otherwise repealed or amended by this Act)
Omit "Commission" wherever occurring. Insert instead "Tribunal".
[2] Section 3 Definitions
Omit the definitions of Commission, commissioner and meeting.
[3] Section 3
Insert in alphabetical order:
Tribunal means the Independent Pricing and Regulatory Tribunal
constituted under the Independent Pricing and Regulatory Tribunal
Act 1992.
Page 44
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
[4] Sections 4-8 (Provisions relating to Commission)
Omit the sections.
[5] Section 59 Offences and penalties
Omit "or of such commissioner" from section 59 (2).
[6] Section 62
Insert after section 61:
62 Savings, transitional and other provisions
Schedule 1 has effect.
[7] Schedule
Omit the Schedule. Insert instead:
Schedule 1 Savings, transitional and other provisions
(Section 62)
1 Construction of references to Prices Commission
Subject to the regulations, a reference in any other Act, any
statutory instrument or any other document to the Prices
Commission or the Chairperson of the Prices Commission is taken
to be a reference to the Tribunal or to the Chairperson of the
Tribunal, as the case may be.
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Prices
Commission.
2.15 Protection of the Environment Administration Act 1991 No 60
[1] Section 23 Establishment of Consultation Forums
Omit section 23 (a) and (b).
[2] Section 24 Membership and procedure of Consultation Forums
Omit section 24 (1). Insert instead:
(1) A Consultation Forum is to consist of:
(a) the Director-General, or his or her nominee, who is to be
Chairperson of the Consultation Forum, and
Page 45
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
(b) 12 members appointed by the Minister, of whom:
(i) 3 are to be representatives of industry (including,
for the purposes of the Hunter Region
Environment Protection Community Consultation
Forum, 1 representative of the rural sector chosen
from a panel of nominees provided to the Minister
by the New South Wales Farmers' Association),
and
(ii) 3 are to be representatives of non-government
organisations whose charters include, as a primary
aim, environment protection (including at least 1
representative chosen from a panel of nominees
provided to the Minister by the Nature
Conservation Council of New South Wales), and
(iii) 3 are to be representatives of authorities of the
State, and
(iv) 3 are to be representatives of local government
authorities or associations.
[3] Section 35 Personal liability
Omit "the Environment" from section 35 (2).
Insert instead "an Environment".
[4] Section 35 (2)
Insert "established under Part 6" after "Forum".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the State Environment
Protection Community Consultation Forum and the West/South West Sydney Region
Environment Protection Community Consultation Forum.
Page 46
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments consequent on abolition of statutory and other bodies Schedule 2
2.16 Public Authorities (Financial Arrangements) Act 1987 No 33
Schedule 1 Authorities
Omit "Marine Ministerial Holding Corporation.".
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
2.17 Public Authorities (Financial Arrangements) Regulation 1995
Schedule 1 Part 1 investment powers
Omit "Marine Ministerial Holding Corporation".
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
2.18 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit the following:
Agricultural Marketing Finance Agency
Marine Ministerial Holding Corporation
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Agricultural Marketing
Finance Agency and the Marine Ministerial Holding Corporation.
2.19 Public Finance and Audit (General) Regulation 1995
Clause 17 Definition of "authority" and "officer of an authority"
Omit "Marine Ministerial Holding Corporation" from Part B of the Table to
clause 17 (4).
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 2 Amendments consequent on abolition of statutory and other bodies
2.20 Rivers and Foreshores Improvement Act 1948 No 20
[1] Section 3 Works within areas vested in Waterways Authority
Omit "Marine Ministerial Holding Corporation" wherever occurring.
Insert instead "Waterways Authority".
[2] Section 22A Definitions
Omit "Marine Ministerial Holding Corporation" from paragraph (a) of the
definition of Constructing Authority.
Insert instead "Waterways Authority".
Explanatory note
The proposed amendments are consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
2.21 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 2 Public offices
Omit "Chairperson of the Prices Commission (being a full-time commissioner)"
from Part 1 of Schedule 2.
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Prices Commission.
2.22 Sydney Harbour Foreshore Authority Act 1998 No 170
Section 18 Management of land of other public authorities
Omit "Marine Ministerial Holding Corporation" from paragraph (b) of the
definition of public authority in section 18 (5).
Insert instead "Waterways Authority".
Explanatory note
The proposed amendment is consequent on the proposed abolition of the Marine Ministerial
Holding Corporation.
Page 48
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments by way of statute law revision Schedule 3
Schedule 3 Amendments by way of statute law
revision
(Section 3)
3.1 Children (Detention Centres) Act 1987 No 57
[1] Section 29 Application of Crimes (Administration of Sentences) Act
1999 to detainees
Omit "Parts". Insert instead "The provisions of Parts".
[2] Section 29
Omit "applies" where firstly occurring. Insert instead "apply".
[3] Section 29
Omit "it applies". Insert instead "they apply".
[4] Section 29
Omit "that Part, and so applies as if in that Part".
Insert instead "those provisions, and so apply as if in those provisions".
Explanatory note
The proposed amendments correct grammatical errors.
3.2 Conveyancing Act 1919 No 6
[1] Section 88B Creation and release of easements, profits à prendre and
restrictions on use of land by plans
Omit "88BA," from section 88B (3) (c).
[2] Section 88B (3) (d)
Insert "88BA," after "section".
Explanatory note
The proposed amendments correct cross-references.
3.3 Crimes Act 1900 No 40
[1] The whole Act (except Part headings, Division, Subdivision and
Schedule headings)
Omit all italicised or capitalised headings.
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 3 Amendments by way of statute law revision
[2] Section 4 Definitions
Omit section 4 (3).
[3] Part 3 Offences against the person
Insert after the heading to Part 3:
Division 1 Homicide
[4] Part 3, Division 2
Insert before section 26:
Division 2 Conspiracy to murder
[5] Part 3, Division 3
Insert before section 27:
Division 3 Attempts to murder
[6] Part 3, Division 4
Insert before section 31:
Division 4 Documents containing threats
[7] Part 3, Division 5
Insert before section 31A:
Division 5 Suicide
[8] Part 3, Division 6
Insert before section 32:
Division 6 Acts causing danger to life or bodily harm
[9] Part 3, Division 7
Insert before section 55:
Division 7 Possessing or making explosive etc with intent
to injure the person
Page 50
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments by way of statute law revision Schedule 3
[10] Part 3, Division 8
Insert before section 56:
Division 8 Assaults on members of the clergy, officers and
others
[11] Part 3, Division 9
Insert before section 61:
Division 9 Common assaults
[12] Part 3, Division 10
Insert after section 61:
Division 10 Offences in the nature of rape, offences relating
to other acts of sexual assault etc
[13] Part 3, Division 11
Insert before section 81C:
Division 11 Misconduct with regard to corpses
[14] Part 3, Division 12
Insert before section 82:
Division 12 Attempts to procure abortion
[15] Part 3, Division 13
Insert before section 85:
Division 13 Concealing birth of a child
[16] Part 3, Division 14
Insert before section 86:
Division 14 Abduction
Page 51
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 3 Amendments by way of statute law revision
[17] Part 3, Division 15
Insert before section 91C:
Division 15 Child prostitution and pornography
[18] Part 3, Division 16
Insert before section 92:
Division 16 Bigamy
[19] Part 4 Offences relating to property
Insert before section 93J:
Subdivision 1 General
[20] Part 4, Division 1
Insert before section 94:
Subdivision 2 Robbery
[21] Part 4, Division 1
Insert before section 99:
Subdivision 3 Extortion etc by menace or threat
[22] Part 4, Division 1
Insert before section 105A:
Subdivision 4 Sacrilege and housebreaking
[23] Section 114 Being armed with intent to commit indictable offence
Omit "a felony or misdemeanour" from section 114 (1) (d).
Insert instead "an indictable offence".
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Statute Law (Miscellaneous Provisions) Bill 2000
Amendments by way of statute law revision Schedule 3
[24] Part 4, Division 1
Insert before section 116:
Subdivision 5 Larceny
[25] Part 4, Division 1
Insert before section 155:
Subdivision 6 Embezzlement or larceny
[26] Part 4, Division 1
Insert before section 164:
Subdivision 7 Frauds by factors and other agents
[27] Part 4, Division 1
Insert before section 178A:
Subdivision 8 Fraudulent misappropriation
[28] Part 4, Division 1
Insert before section 178B:
Subdivision 9 Valueless cheques
[29] Part 4, Division 1
Insert before section 178BA:
Subdivision 10 Obtaining money etc by deception
[30] Part 4, Division 1
Insert before section 178BB:
Subdivision 11 Obtaining money etc by false or misleading
statements
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 3 Amendments by way of statute law revision
[31] Part 4, Division 1
Insert before section 178C:
Subdivision 12 Obtaining credit by fraud
[32] Part 4, Division 1
Insert before section 179:
Subdivision 13 False pretences
[33] Part 4, Division 1
Insert before section 185A:
Subdivision 14 Fraudulent arrangements
[34] Part 4, Division 1
Insert before section 186:
Subdivision 15 Corrupt rewards
[35] Part 4, Division 1
Insert before section 187:
Subdivision 16 Receivers
[36] Section 310H Application of Part
Omit "Division". Insert instead "Part".
[37] Section 356E Determining reasonable time
Omit "section 424A" from section 356E (2) (g).
Insert instead "section 108 of the Criminal Procedure Act 1986".
[38] Section 356F Certain times to be disregarded in calculating
investigation period
Omit "section 424A" from section 356F (1) (c).
Insert instead "section 108 of the Criminal Procedure Act 1986".
Page 54
Statute Law (Miscellaneous Provisions) Bill 2000
Amendments by way of statute law revision Schedule 3
[39] Part 10B Powers of search, powers of entry and discharge of persons
in custody
Insert before section 357:
Division 1 Powers of search
[40] Part 10B, Division 2
Insert before section 357EA:
Division 2 Powers of entry and search in cases of child
prostitution or pornography
[41] Part 10B, Division 3
Insert before section 357F:
Division 3 Powers of entry in cases of domestic violence
[42] Part 10B, Division 4
Insert before section 358B:
Division 4 Disposal of property in the custody of the police
[43] Part 10B, Division 5
Insert before section 358C:
Division 5 Offence relating to escaped prisoners
[44] Section 431A Life sentences
Omit section 431A (6).
[45] Part 14, heading
Insert "Former provisions relating to" before "Offences".
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[46] Part 14A
Insert after section 500:
Part 14A Summary offences
Division 1 Larceny and similar offences
[47] Part 14A, Division 2
Insert after section 528:
Division 2 Miscellaneous offences
[48] Part 14A, Division 3
Insert after section 547C:
Division 3 General
[49] Part 14A, Division 4
Omit the heading to the Division.
[50] Section 562BE Order must be made on guilty plea or guilt finding for
certain offences
Omit "section 556A" from section 562BE (4).
Insert instead "section 10 of the Crimes (Sentencing Procedure) Act 1999".
[51] Section 578A Prohibition of publication identifying victims of certain
sexual offences
Insert in alphabetical order in section 578A (1):
prescribed sexual offence has the same meaning as in the
Criminal Procedure Act 1986.
[52] Tenth Schedule, clause 1 heading
Insert before paragraph (a):
1 Offences punishable by the Supreme Court in its summary
jurisdiction
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Explanatory note
The Parliamentary Counsel's Office, which is responsible for the compilation and maintenance
of the New South Wales Legislation Database, is developing a new drafting and database
system based on SGML (Standard Generalised Markup Language).
Items [1]-[22], [24]-[35], [39]-[43], [45]-[49] and [52] of the proposed amendments remove
features of the Crimes Act 1900, namely certain capitalised and italicised headings, which are
incompatible with SGML.
Item [23] of the proposed amendments updates a reference to felonies and misdemeanours,
the distinction between which has been abolished. (See section 580E of the Crimes Act 1900,
in particular section 580E (4), which provides for the construction of references to felonies and
misdemeanours).
Items [36]-[38] and [50] of the proposed amendments update cross-references.
Item [44] of the proposed amendments omits a redundant subsection.
Item [51] of the proposed amendments inserts a reference to a definition in another Act.
3.4 Crimes (Administration of Sentences) Act 1999 No 93
Section 8 Release from custody
Omit "that term" from section 8 (1).
Insert instead "the term of that sentence".
Explanatory note
The proposed amendment corrects a grammatical error.
3.5 Crimes Legislation Amendment (Sentencing) Act 1999 No 94
[1] Schedule 2 Amendment of Criminal Procedure Act 1986
Omit "New section 4 (3)" from Schedule 2 [3].
Insert instead "New section 10 (3)".
[2] Schedule 2 [4]
Omit "New section 4 (4)". Insert instead "New section 10 (4)".
[3] Schedule 2 [6]
Omit "Parts 2-12". Insert instead "Parts 2-13".
[4] Schedule 2 [31]
Omit "Traffic Act 1900". Insert instead "Traffic Act 1909".
[5] Schedule 2 [68]
Omit proposed Division 3 of Part 4 of Schedule 2 to the Criminal Procedure Act
1986.
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[6] Schedule 3 Amendment of Crimes Act 1900
Omit "Sections 189 and 351" from Schedule 3 [42].
Insert instead "Section 189".
[7] Schedule 4 Amendment of other Acts and instruments
Omit "section 26 (6) (9)" from Schedule 4.69 [9].
Insert instead "section 26A".
[8] Schedule 4.76
Omit "Form 4". Insert instead "Form 5".
[9] Schedule 5 Further amendment of other Acts and instruments with
respect to abolition of penal servitude
Omit "Motor Accidents Compensation Act 1989 No 102" from Part 2.
Insert instead "Motor Accidents Compensation Act 1999 No 41".
Explanatory note
Items [1]-[3], [7] and [8] of the proposed amendments correct incorporating directions.
Item [5] of the proposed amendments omits superfluous uncommenced matter.
Item [6] of the proposed amendments omits a superfluous amendment.
Items [4] and [9] of the proposed amendments correct references to Acts.
3.6 Criminal Procedure Act 1986 No 209
[1] Section 35 Definitions and application
Omit "Part 9A" wherever occurring in subparagraph (a) (ii) of the definitions
of back up offence and related offence.
Insert instead "Division 3".
[2] Section 147 Interpretation
Omit "section 58" from the definition of protected confidence in section 147
(1).
Insert instead "section 148".
Explanatory note
The proposed amendments correct cross-references.
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3.7 Electricity Supply Act 1995 No 94
Section 43 Negotiated customer service contracts
Omit "clause" from section 43 (1). Insert instead "section".
Explanatory note
The proposed amendment corrects a reference to a provision.
3.8 Geographical Names Act 1966 No 13
Section 5 Powers and functions of board
Omit "aboriginal words" from section 5 (g).
Insert instead "Aboriginal words".
Explanatory note
The proposed amendment capitalises a word to achieve consistency with the rest of the statute
book.
3.9 Googong Dam Catchment Area Act 1975 No 4
Section 5 Regulations
Omit "workmen's" from section 5 (1) (e).
Insert instead "workers'".
Explanatory note
The proposed amendment replaces a gender-specific term with a gender-neutral term.
3.10 Health Insurance Levies Act 1982 No 159
Schedule 3 Transitional provisions
Omit "(Further Amendments)" from the heading to Part 3.
Insert instead "(Further Amendment)".
Explanatory note
The proposed amendment corrects a reference to an Act.
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3.11 Homebush Bay Operations Act 1999 No 77
Schedule 4 Amendment of Acts
Omit "Clause 3" from Schedule 4.3.
Insert instead "Section 3".
Explanatory note
The proposed amendment corrects an incorporating direction.
3.12 Liquor Act 1982 No 147
[1] Section 68 Grounds for complaint
Omit "or" where lastly occurring in section 68 (1) (j).
[2] Section 68 (1)
Renumber section 68 (1) (k) (as inserted by the Gambling Legislation
Amendment (Responsible Gambling) Act 1999) as section 68 (1) (l).
Explanatory note
The proposed amendments correct a duplication of paragraph numbering.
3.13 Marine Safety Act 1998 No 121
Schedule 1 Alcohol and drugs--breath analysis and related matters
Omit "Maximum penalty: 10 penalty units." from clause 22 (3).
Explanatory note
The proposed amendment omits a superfluous reference to a penalty from a provision about
defences.
3.14 Mining Act 1992 No 29
Section 281B Compensation payable by holders of authority
Omit "section 24MD or 24NA (as the case requires) (4) (b) (i)".
Insert instead "section 24MD (4) (b) (i) or 24NA (as the case requires)".
Explanatory note
The proposed amendment corrects a cross-reference.
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3.15 Motor Accidents Compensation Act 1999 No 41
[1] Section 3 Definitions
Omit "under that Act" from the definition of road.
Insert instead "under the Road Transport (General) Act 1999".
[2] Schedule 4 Consequential amendment of other Acts
Omit "Section 37 (3)" from Schedule 4.9 [3].
Insert instead "Section 140 (3) (b)".
Explanatory note
Item [1] of the proposed amendments corrects a reference to the Act under which certain
instruments are now made.
Item [2] of the proposed amendments corrects an incorporation direction.
3.16 National Parks and Wildlife Act 1974 No 80
Schedule 3 Savings, transitional and other provisions
Omit "aboriginal area" from clause 7 (6).
Insert instead "Aboriginal area".
Explanatory note
The proposed amendment capitalises a word to achieve consistency with the rest of the statute
book.
3.17 Plantations and Reafforestation Act 1999 No 97
Schedule 2 Amendment of other Acts
Omit "Parks" from the heading to Schedule 2.4.
Insert instead "Park".
Explanatory note
The proposed amendment corrects a reference to an Act.
3.18 Ports Corporatisation and Waterways Management Act 1995
No 13
Section 18 and Schedule 5, clause 10
Omit "State Owned Corporation Act 1989" wherever occurring.
Insert instead "State Owned Corporations Act 1989".
Explanatory note
The proposed amendment corrects a reference to an Act.
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3.19 Prices Regulation Act 1948 No 26
Section 3A Act not to apply to government monopoly services
Omit "Government Pricing Tribunal Act 1992".
Insert instead "Independent Pricing and Regulatory Tribunal Act 1992".
Explanatory note
The proposed amendment updates a reference to an Act.
3.20 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 25A Offences committed by disqualified drivers or drivers
whose licenses are suspended or cancelled
Omit "an offence against this section" from section 25A (6) (a).
Insert instead "any offence under subsection (1), (2) or (3) (a)".
[2] Section 25A (6) (b) (ii)
Omit "section 6 (1C)". Insert instead "section 6 (1C) or 7A".
[3] Section 25A (10)
Omit "subsection (1)" wherever occurring.
Insert instead "subsection (1), (2) or (3) (a)".
Explanatory note
Item [1] of the proposed amendments clarifies the operation of a provision.
Items [2] and [3] of the proposed amendments correct cross-references that were not
reproduced when the substantive provisions of section 7A of the Traffic Act 1909 were re-
enacted as section 25A of the Road Transport (Driver Licensing) Act 1998.
3.21 Road Transport Legislation Amendment Act 1999 No 19
Schedule 4 Other amendment of Acts
Omit "Road Transport (Driver Licensing) Act 1998" from Schedule 4.1 [11].
Insert instead "Road Transport Legislation Amendment Act 1999".
Explanatory note
The proposed amendment corrects a reference to an amending Act in a savings provision
consequent on the enactment of that Act.
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3.22 Road Transport (Safety and Traffic Management) Act 1999 No 20
Section 46 Certificates concerning use of approved speed measuring
devices
Omit "approved speed recording devices" from paragraph (a) of the definition
of appropriate officer in section 46 (3).
Insert instead "approved speed measuring devices".
Explanatory note
The proposed amendment corrects a reference to a defined term.
3.23 Statute Law (Miscellaneous Provisions) Act (No 2) 1997 No 147
Schedule 1 Minor amendments
Omit Schedule 1.7.
Explanatory note
The proposed amendment omits redundant (uncommenced) amendments to the Evidence Act
1995. (The amendments have been superseded by the amendments made to the Dictionary
to that Act by Schedule 1 to this Act.)
3.24 Strata Schemes Legislation Amendment (Strata Approvals) Act
1999 No 74
[1] Schedule 1 Amendment of Strata Schemes (Freehold Development) Act
1973 No 68
Insert "wherever occurring" before "from" in Schedule 1 [24].
[2] Schedule 2 Amendment of Strata Schemes (Leasehold Development)
Act 1986 No 219
Insert "wherever occurring" before "from" in Schedule 2 [24].
Explanatory note
The proposed amendments correct incorporation directions.
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3.25 Superannuation Legislation Further Amendment Act 1999 No 86
[1] Schedule 1 Amendments relating to closure of Public Sector
Executives Superannuation Scheme
Omit Schedule 1.8 [9]. Insert instead:
[9] Section 20AB (4)
Omit "eligible to become or being a member of the Public Sector
Executives Superannuation Scheme".
Insert instead "an executive officer".
[2] Schedule 1.8 [11]
Insert after Schedule 1.8 [10]:
[11] Section 52IA (1)
Omit "eligible to become or who is a member of the Public Sector
Executives Superannuation Scheme".
Insert instead "an executive officer".
Explanatory note
The proposed amendments correct incorporation directions.
3.26 Supreme Court Act 1970 No 52
[1] Section 69C Stay of execution of conviction, order or sentence pending
review
Omit "a notice of appeal is given in accordance with this Division" from section
69C (2).
Insert instead "proceedings seeking judicial review are commenced".
[2] Section 69C (3)
Omit "an appellant". Insert instead "a person (the claimant)".
[3] Section 69C (3)
Omit "the appeal is made".
Insert instead "proceedings seeking judicial review are commenced".
[4] Section 69C (3)
Omit "the appellant". Insert instead "the claimant".
[5] Section 69C (4)
Omit "appeal is". Insert instead "proceedings for judicial review are".
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Commencement
The amendments to the Supreme Court Act 1970 are taken to have commenced on 1 March
1999.
Explanatory note
Section 69C of the Supreme Court Act 1970 imposes a stay of execution on a conviction or
order imposed by a Local Court that is the subject of appeal proceedings in the District Court
if proceedings are taken in the Supreme Court for judicial review of a determination made by
the District Court. The section commenced on 1 March 1999. The proposed amendments to
that section change references to appeals and other language related to appeals to terms
related to proceedings for judicial review, so as to reflect the kind of proceedings in which the
stay arises.
3.27 Threatened Species Conservation Act 1995 No 101
[1] Schedule 1 Endangered species, populations and ecological
communities
Insert an asterisk before the following entry appearing under the subheadings
"Animals", "Vertebrates", "Amphibians" and "Hylidae" in Part 1:
Litoria castanea (Steindachner, 1867)
[2] Schedule 1, Part 1, Animals, Vertebrates
Insert an asterisk before each of the following entries appearing under the
subheadings "Amphibians" and "Myobatrachidae":
Mixophyes iteratus Straughan, 1968
Pseudophryne corroboree Moore, 1953
[3] Schedule 1, Part 1, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Reptiles" and "Agamidae":
Tympanocryptis lineata pinguicolla Mitchell, 1948
[4] Schedule 1, Part 1 Animals, Vertebrates
Insert "Centralian Ranges Rock-skink" alongside "Egernia margaretae Storr,
1968" under the subheadings "Reptiles" and "Scincidae".
[5] Schedule 1, Part 1, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Reptiles" and "Scincidae":
Eulamprus leuraensis Wells & Wellington, 1984
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[6] Schedule 1, Part 1, Animals, Vertebrates
Omit the asterisk appearing before the following entry appearing under the
subheadings "Reptiles" and "Elapidae":
Hoplocephalus bungaroides (Schlegel, 1837)
[7] Schedule 1, Part 1, Animals, Vertebrates
Insert "Interior Blind Snake" alongside "Ramphotyphlops endoterus (Waite,
1918)" under the subheadings "Reptiles" and "Typhlopidae".
[8] Schedule 1, Part 1, Animals, Vertebrates
Omit the asterisk appearing before the matter relating to Leipoa ocellata Gould,
1840 under the subheadings "Birds" and "Megapodiidae".
[9] Schedule 1, Part 1, Animals, Vertebrates
Omit the asterisk appearing before the following entry appearing under the
subheadings "Birds" and "Laridae":
Sterna albifrons Pallas, 1764
[10] Schedule 1, Part 1, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Birds" and "Pardalotidae":
Dasyornis brachypterus (Latham, 1801)
[11] Schedule 1, Part 1, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Mammals" and "Muridae":
Pseudomys fumeus Brazenor, 1934
[12] Schedule 1, Part 1, Plants
Omit "*Psoralea parva F. Muell." from under the subheading "Fabaceae".
Insert in alphabetical order under that subheading:
*Cullen parvum (F. Muell.) J. W. Grimes
[13] Schedule 1, Part 1, Plants
Omit "Stipa nullanulla J. Everett & S.W.L. Jacobs" from under the subheading
"Poaceae".
Insert in alphabetical order under that subheading:
Austrostipa nullanulla (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs
& J. Everett
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[14] Schedule 1, Part 1, Plants
Omit "*Stipa wakoolica Vickery, S.W.L. Jacobs & J. Everett" from under the
subheading "Poaceae".
Insert in alphabetical order under that subheading:
*Austrostipa wakoolica (Vickery, S.W.L. Jacobs & J. Everett)
S.W.L. Jacobs & J. Everett
[15] Schedule 1, Part 1, Plants
Omit "*Hakea sp. B Kowmung River (M. Doherty 17-24)" from under the
subheading "Proteaceae".
Insert in alphabetical order under that subheading:
*Hakea dohertyi Haegi
[16] Schedule 1, Part 4 Species presumed extinct
Omit "*Trianthema cypseloides (Fenzl) Benth." from under the subheadings
"Plants" and "Aizoaceae".
Insert instead:
*Trianthema cypseleoides (Fenzl) Benth.
[17] Schedule 2 Vulnerable species
Insert an asterisk before each of the following entries appearing under the
subheadings "Animals", "Vertebrates", "Amphibians" and "Hylidae":
Litoria olongburensis Liem & Ingram, 1977
Litoria piperata Tyler & Davies, 1985
[18] Schedule 2, Animals, Vertebrates
Insert an asterisk before each of the following entries appearing under the
subheadings "Amphibians" and "Myobatrachidae":
Heleioporus australiacus (Shaw & Nodder, 1795)
Mixophyes balbus Straughan, 1968
Pseudophryne pengilleyi Wells and Wellington, 1985
[19] Schedule 2 Animals, Vertebrates
Omit the matter relating to Elseya sp. (Namoi and Gwydir Rivers) from under
the subheadings "Reptiles" and "Chelidae".
Insert instead:
Elseya belli (Gray, 1844) Bell's Turtle
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[20] Schedule 2, Animals, Vertebrates
Omit "Emydura macquarii (Gray, 1830) (Bellinger River Form)" from under the
subheadings "Reptiles" and "Chelidae".
Insert instead:
Emydura macquarii (Gray, 1830) (Bellinger River)
[21] Schedule 2, Animals, Vertebrates
Insert an asterisk before each of the following entries appearing under the
subheadings "Reptiles" and "Gekkonidae":
Christinus guentheri (Boulenger, 1885)
Underwoodisaurus sphyrurus (Ogilby, 1892)
[22] Schedule 2, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Reptiles" and "Pygopodidae":
Aprasia parapulchella Kluge, 1974
[23] Schedule 2, Animals, Vertebrates
Insert an asterisk before each of the following entries appearing under the
subheadings "Reptiles" and "Scincidae":
Coeranoscincus reticulatus (Gunther, 1873)
Pseudemoia lichenigera (O'Shaughnessy, 1874)
[24] Schedule 2, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Birds" and "Diomedeidae":
Phoebetria fusca (Hilsenberg, 1822)
[25] Schedule 2, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Birds" and "Psittacidae":
Polytelis swainsonii (Desmarest, 1826)
[26] Schedule 2, Animals, Vertebrates
Insert an asterisk before the following entry appearing under the subheadings
"Birds" and "Maluridae":
Stipiturus mallee Campbell, 1908
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[27] Schedule 2, Animals, Vertebrates
Omit the asterisk appearing before the following entry appearing under the
subheadings "Mammals" and "Burramyidae":
Burramys parvus Broom, 1896
[28] Schedule 2, Animals, Vertebrates
Insert an asterisk before each of the following entries appearing under the
subheadings "Marine mammals" and "Balaenopteridae":
Balaenoptera borealis Lesson, 1828
Balaenoptera physalus (Linnaeus, 1758)
Megaptera novaeangliae (Borowski, 1781)
[29] Schedule 2, Plants
Omit "*Ozothamnus tesselatus (Maiden & R. Barker) Anderberg" from under
the subheading "Asteraceae".
Insert instead:
*Ozothamnus tessellatus (Maiden & R. Barker) Anderberg
[30] Schedule 2, Plants
Omit "*Stipa metatoris J. Everett & S.W.L. Jacobs" from under the subheading
"Poaceae".
Insert in alphabetical order under that subheading:
*Austrostipa metatoris (J. Everett & S.W.L. Jacobs) S.W.L. Jacobs
& J. Everett
[31] Schedule 2, Plants
Omit "*Hakea sp. Manning River SF--Broken Bago SF (P. Hind 4662)" from
under the subheading "Proteaceae".
Insert in alphabetical order under that subheading:
Hakea archaeoides W.R. Barker
[32] Schedule 2, Plants
Omit "*Restio longipes L.A.S Johnson & O.D. Evans" from under the
subheading "Restionaceae".
Insert instead:
*Baloskion longipes (L.A.S. Johnson & O.D. Evans) B.G. Briggs
& L.A.S. Johnson
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Schedule 3 Amendments by way of statute law revision
Explanatory note
Schedule 1 to the Threatened Species Conservation Act 1995 contains lists of endangered
species, populations and ecological communities and species presumed extinct. Schedule 2
lists vulnerable species.
Items [4] and [7] of the proposed amendments include the common name of a species.
Items [12]-[15], [19], [20] and [30]-[32] of the proposed amendments reflect a change in the
classification of a species.
Items [16] and [29] of the proposed amendments correct spelling mistakes.
Species that are listed in the analogous Schedules to the Endangered Species Protection Act
1992 of the Commonwealth are marked with an asterisk. The Commonwealth Act has been
amended.
Items [1]-[3], [5], [10], [11], [17], [18], [21]-[26] and [28] of the proposed amendments insert
appropriate asterisks. Items [6]-[9] and [27] of the proposed amendments omit inappropriate
asterisks.
3.28 Transport Administration Act 1988 No 109
Section 46 Constitution of RTA
Omit "Traffic Act 1909" from section 46 (2) (a).
Insert instead "Road Transport (General) Act 1999".
Explanatory note
The proposed amendment updates a reference to a repealed Act.
3.29 Transport Appeal Boards Act 1980 No 104
Section 7 Term of office of Chairperson and Vice-Chairperson
Omit "the Public Service Act 1979" from section 7 (2).
Insert instead "Part 2 of the Public Sector Management Act 1988".
Explanatory note
The proposed amendment updates a reference to an Act.
3.30 Water Act 1912 No 44
Section 12 Licence
Omit ", except" from section 12 (2) (b). Insert instead "except".
Explanatory note
The amendment removes an unnecessary comma.
Page 70
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3.31 Water Legislation Amendment Act 1999 No 98
Schedule 4 Amendment of other Acts
Omit Schedule 4.3.
Explanatory note
Schedule 4.3 to the Water Legislation Amendment Act 1999 is an uncommenced amendment
that omits clause 6 of Schedule 2 to the Water Administration Act 1986. The amendment is no
longer appropriate because it was merely consequential on proposed amendments to section
7 of the Water Act 1912 that were removed before the enactment of the amending Act.
Page 71
Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 4 Amendments transferring provisions
Schedule 4 Amendments transferring provisions
(Section 3)
4.1 Dairy Industry Act 1979 No 208
[1] Schedule 5 Savings and transitional provisions
Insert at the beginning of the list of Acts in clause 16A (1):
Dairy Industry (Amendment) Act 1983
[2] Schedule 5, clause 16B
Insert before clause 17:
16B Dairy Industry (Amendment) Act 1983
(1) An appointment of an authorised agent under section 19 and in
force immediately before 6 January 1984 is taken to be an
appointment under section 19, as substituted by the amending Act.
(2) This clause is taken to have commenced on 31 December 1983
(the date of assent to the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) clause 7 of
Schedule 3 to the amending Act. Subclause (1) is a transferred
provision to which section 30A of the Interpretation Act 1987
applies.
(4) In this clause:
amending Act means the Dairy Industry (Amendment) Act 1983.
Explanatory note
The proposed amendments insert into Schedule 5 (Savings and transitional provisions) to the
Dairy Industry Act 1979 the substance of a savings provision (of possible ongoing effect)
contained in the Dairy Industry (Amendment) Act 1983. The enactment of the amendments
enables the repeal, by Schedule 5 to this Act, of that Act. In accordance with section 30A of the
Interpretation Act 1987, the transfer of the provision does not affect the operation (if any) or
meaning of the provision.
4.2 Library Act 1939 No 40
[1] Section 4 Appointment and procedure
Omit "The Schedule" from section 4 (2). Insert instead "Schedule 1".
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Amendments transferring provisions Schedule 4
[2] Section 17
Insert after section 16:
17 Savings and transitional provisions
Schedule 2 has effect.
[3] Schedule Composition and procedure of the Council
Rename the Schedule as Schedule 1.
[4] Schedule 2
Insert after Schedule 1 (as renamed by item [3]):
Schedule 2 Savings and transitional provisions
(Section 17)
1 Savings and transitional provisions consequent on enactment
of Library (Amendment) Act 1975
(1) A reference, in any other Act, in any instrument made under any
Act or in any document of any kind:
(a) to The Trustees of the Public Library of New South Wales,
the Library Board of New South Wales or the Council of
the Library of New South Wales is to be read as a
reference to the Council, and
(b) to the Principal Librarian of the Public Library of New
South Wales is to be read as a reference to the State
Librarian, and
(c) to the Public Library of New South Wales or the Library of
New South Wales is to be read as a reference to the State
Library.
(2) Officers and employees appointed or employed under the Library
of New South Wales Act 1969, are taken to have been appointed or
employed under this Act, as amended by the amending Act, and
the repeal of the Library of New South Wales Act 1969 does not
affect any rights, privileges or entitlements accrued or accruing to
those officers or employees under any other Act, award or
industrial agreement.
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(3) On and from 1 July 1975 (the date of commencement of this
clause):
(a) subject to subclause (4), all real and personal property, all
right and interest in that property and all management and
control of that property that, immediately before that date,
was vested in or belonged to either of the former bodies is
to vest in and belong to the Council, and
(b) all money and liquidated and unliquidated claims that,
immediately before that date, were payable to or
recoverable by either of the former bodies is to be payable
to or recoverable by the Council, and
(c) all proceedings commenced before that date by either of
the former bodies and pending immediately before that date
are taken to be proceedings pending on that date by the
Council and all proceedings so commenced by any person
against either of the former bodies and pending
immediately before that date are taken to be proceedings
pending on that date by that person against the Council,
and
(d) all contracts, agreements, arrangements and undertakings
entered into with, and all securities lawfully given to or by,
either of the former bodies and in force immediately before
that date are taken to be contracts, agreements,
arrangements and undertakings entered into with and
securities given to or by the Council, and
(e) the Council may, in addition to pursuing any other
remedies or exercising any other powers that may be
available to it, pursue the same remedies for the recovery
of money and claims referred to in this subclause and for
the prosecution of proceedings so referred to as either of
the former bodies might have done but for the enactment of
the amending Act, and
(f) the Council may enforce and realise any security or charge
existing immediately before that date in favour of either of
the former bodies and may exercise any powers conferred
on either of the former bodies by the security or charge as
if the security or charge were a security or charge in favour
of the Council, and
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Amendments transferring provisions Schedule 4
(g) all debts, money and claims, liquidated and unliquidated,
that, immediately before that date, were due or payable by,
or recoverable against, either of the former bodies are to be
debts due by, money payable by and claims recoverable
against, the Council, and
(h) all liquidated and unliquidated claims for which either of
the former bodies would, but for the enactment of the
amending Act, have been liable are to be liquidated and
unliquidated claims for which the Council is to be liable.
(4) All property vested in or belonging to the Council by the operation
of subclause (3) (a) is to be held by the Council subject to any
conditions on which it was held immediately before 1 July 1975.
(5) No attornment to the Council by a lessee from either of the former
bodies is to be required.
(6) All acts, matters and things done or omitted by, or done or suffered
in relation to, either of the former bodies before the
commencement of this clause, being acts, matters and things not
referred to in subclause (3), on and from that commencement, have
the same force and effect as if they had been done or omitted by,
or done or suffered in relation to, the Council.
(7) This clause is taken to have commenced on 1 July 1975 (the date
of commencement of the amending Act).
(8) Subclauses (1)-(6) re-enact (with minor modifications) sections
7-9 of the amending Act. Subclauses (1)-(6) are transferred
provisions to which section 30A of the Interpretation Act 1987
applies.
(9) In this clause:
amending Act means the Library (Amendment) Act 1975.
former bodies means The Council of the Library of New South
Wales and the Library Board of New South Wales.
Explanatory note
The proposed amendments insert Schedule 2 (Savings and transitional provisions) into the
Library Act 1939. The Schedule includes the substance of savings and transitional provisions
(of possible ongoing effect) contained in the Library (Amendment) Act 1975. The enactment of
the amendments enables the repeal, by Schedule 5 to this Act, of that Act. In accordance with
section 30A of the Interpretation Act 1987, the transfer of the provisions does not affect the
operation (if any) or meaning of the provisions.
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 4 Amendments transferring provisions
4.3 Stock Diseases Act 1923 No 34
Schedule 2 Savings, transitional and other provisions
Insert after clause 1:
Part 1AA Provision consequent on enactment of
Stock Diseases (Swine Branding)
Amendment Act 1981
1AA Savings provision
(1) Where the Swine Branding Act 1940, an instrument made under
that Act or any provision of that Act or of any such instrument is
referred to in any other Act or any instrument made under any
other Act, the reference is, on and from 1 July 1983, to extend to
this Act, as in force for the time being, to any corresponding
instrument made under this Act, as so in force, or to any
corresponding provision of this Act or of an instrument made
under this Act, as so in force.
(2) This clause is taken to have commenced on 22 April 1981 (the
date of assent to the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) clause 10 of
Schedule 5 to the amending Act. Subclause (1) is a transferred
provision to which section 30A of the Interpretation Act 1987
applies.
(4) In this clause:
amending Act means the Stock Diseases (Swine Branding)
Amendment Act 1981.
Explanatory note
The proposed amendment inserts into Schedule 2 (Savings, transitional and other provisions)
to the Stock Diseases Act 1923 the substance of a savings provision (of possible ongoing
effect) contained in the Stock Diseases (Swine Branding) Amendment Act 1981. The enactment
of the amendment enables the repeal, by Schedule 5 to this Act, of that Act. In accordance with
section 30A of the Interpretation Act 1987, the transfer of the provision does not affect the
operation (if any) or meaning of the provision.
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Statute Law (Miscellaneous Provisions) Bill 2000
Repeals Schedule 5
Schedule 5 Repeals
(Section 5)
Monopolies Act 1923 No 543
Library (Amendment) Act 1975 No 412
Stock Diseases (Swine Branding) Amendment Act 1981 No 102
Dairy Industry (Amendment) Act 1983 No 1562
Crimes Amendment (Child Pornography) Act 1995 No 491
Land Sales Amendment Act 1998 No 41
Pawnbrokers and Second-hand Dealers Amendment Act 1998 No 241
Roads and Traffic Legislation Amendment (Load Restraint) Act 1998 No 251
Sydney Cove Redevelopment Authority Amendment Act 1998 No 321
Coastal Protection Amendment Act 1998 No 461
Young Offenders Amendment Act 1998 No 511
Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998
No 571
Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998
No 591
Local Government Amendment (Parking and Wheel Clamping) Act 1998
No 621
Superannuation Legislation Amendment Act 1998 No 721
Local Government Amendment (Ombudsman's Recommendations) Act 1998
No 901
Legal Profession Amendment (Practice of Foreign Law) Act 1998 No 931
Industrial Relations Amendment (Unfair Contracts) Act 1998 No 1061
Local Government Amendment (Community Land Management) Act 1998
No 1401
Local Government Legislation Amendment (Elections) Act 1998 No 1411
Waste Minimisation and Management Amendment Act 1998 No 1551
Industrial Relations Amendment (Federal Award Employees) Act 1998 No 1641
Pay-roll Tax Amendment (Apprentices Concession and Rate Reduction) Act
1999 No 71
Australia Acts (Request) Act 1999 No 113
Roads Amendment (Transitways) Act 1999 No 291
Pay-roll Tax Amendment (Further Rate Reduction) Act 1999 No 361
Public Finance and Audit Amendment (Consolidated Financial Statements) Act
1999 No 371
Local Government Amendment (Amalgamations and Boundary Changes) Act
1999 No 381
Shop Trading (Special Provisions) Act 1999 No 843
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 5 Repeals
Key
1
indicates repeal of a recent amending Act that contains no substantive
provision that needs to be retained, where the amendments made by the Act
have been incorporated in a paper reprint of the Act amended
2
indicates repeal of an amending Act whose savings, transitional or other
provisions of ongoing effect are transferred to, or re-enacted in, the
Principal Act (by Schedule 4 to this Act)
3
indicates repeal of an Act that is no longer of practical utility
Explanatory note
The repeals are explained in detail in the Explanatory note relating to this Act. In relation to the
repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the
legislation in force and that the repeals have no substantive effect on the amendments made
by the Acts or any associated provisions. The Acts that were amended by the Acts or
provisions being repealed are up-to-date on the Legislation Database maintained by the
Parliamentary Counsel's Office and are available electronically (at www.austlii.edu.au).
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act is amended or repealed,
no amendment made by the Act is affected. Section 30 (2) also ensures that the following
matters are not affected:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act,
(c) any validation made by the Act,
(d) the operation of any savings or transitional provision contained in the Act.
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Statute Law (Miscellaneous Provisions) Bill 2000
General savings, transitional and other provisions Schedule 6
Schedule 6 General savings, transitional and other
provisions
(Section 6)
Part 1 General
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 3 to an amending provision
contained in an Act is, if the amending provision has commenced before
the date of assent to this Act, taken to have effect as from the
commencement of the amending provision.
(2) In this clause:
amending provision means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes a direct
amendment to an Act by:
(a) the repeal or omission of matter contained in the amended Act
without the insertion of any matter instead of the repealed or
omitted matter, or
(b) the omission of matter contained in the amended Act and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act of matter, not being matter
inserted instead of matter omitted from the Act,
whether the provision was enacted before or after the commencement of
the Reprints Act 1972.
Explanatory note
This clause ensures that certain amendments, including amendments correcting errors in the
technical provisions (for example, headings indicating the section to be amended or directions
as to where a new section is to be inserted) and rectifying minor drafting errors (for example,
corrections in numbering of provisions, correction or insertion of cross-references, omission of
unnecessary matter or insertion of omitted matter), will commence on the date the amendments
to which they relate commenced.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act or regulation, or
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 6 General savings, transitional and other provisions
(b) repeals and re-enacts (with or without modification) a provision of
an Act or regulation,
any act done or decision made under the provision amended or repealed
has effect after the amendment or repeal as if it had been done or made
under the provision as so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless expressly
otherwise provided, vitiate any act done or decision made under the provision as in force before
the amendment or repeal.
3 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation made
under an Act amended by this Act, and in force immediately before the
commencement of the amendment, is taken to have been made under the
Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any regulation made under an Act
amended by the proposed Act, and in force immediately before the commencement of the
amendment, will be taken to have been made under the amended Act.
4 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from the
date of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is
earlier than the date of its publication in the Gazette, the provision does not
operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State
or an authority of the State), the rights of that person existing
before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to be
done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature having a short
term effect and relating to incidental matters arising out of the proposed Act with regard to
which no specific, or sufficient, provision has been made in the Act.
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Statute Law (Miscellaneous Provisions) Bill 2000
General savings, transitional and other provisions Schedule 6
Part 2 Provisions consequent on the abolition of certain
statutory and other bodies
Division 1 Former office holders
5 Former office holders
(1) This clause applies to the bodies listed in section 4 (1).
(2) Any person who, immediately before the date on which a body to which
this clause applies was abolished by this Act, held office as a member of
the body, or as the person by whom the body was established or
constituted:
(a) is taken to have ceased to hold office as such on that date, and
(b) is not entitled to any remuneration or compensation because of the
loss of that office.
Division 2 Staff, assets, rights and liabilities
6 Definitions
In this Division:
instrument means an instrument (other than this Act) that creates,
modifies or extinguishes rights or liabilities (or would do so if lodged, filed
or registered in accordance with any law), and includes any judgment,
order or process of a court.
relevant Minister, in relation to a transfer order relating to a body to which
clause 7 applies, means the Minister administering the Act or regulation
under which the body was constituted or established immediately before
it was abolished by this Act.
transfer order means an order referred to in clause 7.
transferee means the body or person to whom any assets, rights or
liabilities are transferred by a transfer order.
transferor means the body or person from whom any assets, rights or
liabilities are transferred by a transfer order.
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 6 General savings, transitional and other provisions
7 Transfer of assets, rights and liabilities of other former bodies
(1) This clause applies to the following bodies:
(a) the Agricultural Marketing Finance Agency constituted by section
115 of the Marketing of Primary Products Act 1983,
(b) the corporation sole constituted by section 4 of the School Forest
Areas Act 1936,
(c) all school forest trusts constituted under section 5 of the School
Forest Areas Act 1936,
(d) all district committees constituted under section 17 of the School
Forest Areas Act 1936,
(e) The State Mines Control Authority incorporated by section 13 of
the State Coal Mines Act 1912.
(2) The relevant Minister may direct, by order in writing, that any specified,
assets, rights or liabilities of a body to which this clause applies be
transferred to such person or body acting on behalf of the Crown as is
specified in the order.
(3) Such an order may be made on such terms and conditions as are specified
in the order.
(4) Any assets, rights or liabilities of a body to which this clause applies that
are not transferred by such an order become assets, rights and liabilities of
the Crown.
8 Vesting of undertaking in transferee
(1) When any assets, rights or liabilities are transferred by a transfer order, the
following provisions have effect (subject to the order):
(a) those assets of the transferor vest in the transferee by virtue of this
Division and without the need for any conveyance, transfer,
assignment or assurance,
(b) those rights or liabilities of the transferor become by virtue of this
Division the rights or liabilities of the transferee,
(c) all proceedings relating to those assets, rights or liabilities
commenced before the transfer by or against the transferor or a
predecessor of the transferor and pending immediately before the
transfer are taken to be proceedings pending by or against the
transferee,
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Statute Law (Miscellaneous Provisions) Bill 2000
General savings, transitional and other provisions Schedule 6
(d) any act, matter or thing done or omitted to be done in relation to
those assets, rights or liabilities before the transfer by, to or in
respect of the transferor is (to the extent to which that act, matter
or thing has any force or effect) taken to have been done or omitted
by, to or in respect of the transferee,
(e) a reference in any Act, in any instrument made under any Act or in
any document of any kind to the transferor or a predecessor of the
transferor is (to the extent that it relates to those assets, rights or
liabilities but subject to the regulations) to be read as, or as
including, a reference to the transferee.
9 Operation of Division
(1) The operation of this Division is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong,
or
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities,
or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument, because of
a change in the beneficial or legal ownership of any asset, right or
liability.
(2) The operation of this Division is not to be regarded as an event of default
under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is required.
(4) The operation of this Division includes the making of a transfer order.
10 Date of vesting
A transfer order takes effect on the date specified in the order.
11 Consideration for vesting
A transfer order may specify the consideration on which the order is made
and the value or values at which the assets, rights or liabilities are
transferred.
12 Duty
Duty is not chargeable in respect of:
(a) the transfer of assets, rights and liabilities by a transfer order, or
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Statute Law (Miscellaneous Provisions) Bill 2000
Schedule 6 General savings, transitional and other provisions
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
registration of an interest in land).
13 Transfer of interests in land
(1) A transfer order may transfer an interest in respect of land vested in the
transferor without transferring the whole of the interests of that body in
that land.
(2) If the interest transferred is not a separate interest, the order operates to
create the interest transferred in such terms as are specified in the order.
(3) This clause does not limit any other provision of this Division.
Division 3 Miscellaneous
14 School forest areas
(1) At any time after the date of assent to this Act and before the repeal of the
School Forest Areas Act 1936:
(a) the Minister administering that Act may, by order published in the
Gazette, declare that any land set apart under that Act as a school
forest area (being land that formerly comprised Crown land within
the meaning of the Crown Lands Act 1989) is to be a State forest
within the meaning of the Forestry Act 1916, and
(b) on publication of any such order, the land to which the order
relates is taken to have been dedicated as a State forest under the
Forestry Act 1916.
(2) On the repeal of the School Forest Areas Act 1936:
(a) land set apart under that Act as a school forest area (being land that
formerly comprised the whole or any part of a State forest within
the meaning of the Forestry Act 1916) is taken to have been
dedicated as a State forest under that Act, and
(b) land set apart under that Act as a school forest area (being land that
formerly comprised Crown land within the meaning of the Crown
Lands Act 1989, other than land the subject of an order under
subclause (1)) is taken to have become Crown land.
Explanatory note
This Part makes savings and transitional provisions consequent on the abolition of certain statutory and
other bodies by section 4.
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Statute Law (Miscellaneous Provisions) Bill 2000
Notes
Notes
Index of Acts and Regulations amended by Schedules 1-4
Anti-Discrimination Act 1977 No 48--Schedule 1
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 1
Children (Detention Centres) Act 1987 No 57--Schedule 3
Community Land Development Act 1989 No 201--Schedule 1
Community Welfare Act 1987 No 52--Schedule 2
Conveyancers Licensing Act 1995 No 57--Schedules 1 and 2
Conveyancing Act 1919 No 6--Schedule 3
Crimes Act 1900 No 40--Schedule 3
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 3
Crimes Legislation Amendment (Sentencing) Act 1999 No 94--Schedule 3
Criminal Procedure Act 1986 No 209--Schedule 3
Dairy Industry Act 1979 No 208--Schedules 2 and 4
Electricity Supply Act 1995 No 94--Schedule 3
Engine Drivers and Boiler Attendants Certification Regulations--Schedule 2
Evidence Act 1995 No 25--Schedule 1
Factories, Shops and Industries Act 1962 No 43--Schedule 2
Fair Trading Act 1987 No 68--Schedule 1
Fair Trading Tribunal Act 1998 No 161--Schedule 1
Fisheries Management Act 1994 No 38--Schedule 2
Food Production (Safety) Act 1998 No 128--Schedule 1
Forestry Act 1916 No 55--Schedule 1
Freedom of Information Regulation 2000--Schedule 2
Geographical Names Act 1966 No 13--Schedule 3
Googong Dam Catchment Area Act 1975 No 4--Schedule 3
Health Administration Act 1982 No 135--Schedule 2
Health Insurance Levies Act 1982 No 159--Schedule 3
Health Services Act 1997 No 154--Schedule 1
Heritage Act 1977 No 136--Schedule 1
Homebush Bay Operations Act 1999 No 77--Schedule 3
Impounding Act 1993 No 31--Schedules 1 and 2
andlord and Tenant Act 1899 No 18--Schedule 1
andlord and Tenant (Rental Bonds) Act 1977 No 44--Schedule 1
ibrary Act 1939 No 40--Schedule 4
iquor Act 1982 No 147--Schedule 3
ocal Government Act 1993 No 30--Schedules 1 and 2
Marine Safety Act 1998 No 121--Schedules 2 and 3
Marketing of Primary Products Act 1983 No 176--Schedule 2
Meat Industry Act 1978 No 54--Schedule 1
Mining Act 1992 No 29--Schedule 3
Motor Accidents Compensation Act 1999 No 41--Schedule 3
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Statute Law (Miscellaneous Provisions) Bill 2000
Notes
Motor Dealers Act 1974 No 52--Schedule 1
National Parks and Wildlife Act 1974 No 80--Schedule 3
National Trust of Australia (New South Wales) Act 1990 No 92--Schedule 1
Pesticides Act 1999 No 80--Schedule 1
Plantations and Reafforestation Act 1999 No 97--Schedule 3
Police Regulation (Superannuation) Act 1906 No 28--Schedule 1
Ports Corporatisation and Waterways Management Act 1995 No 13--Schedules 2
and 3
Prices Regulation Act 1948 No 26--Schedules 2 and 3
Property, Stock and Business Agents Act 1941 No 28--Schedule 1
Protected Disclosures Act 1994 No 92--Schedule 1
Protection of the Environment Administration Act 1991 No 60--Schedule 2
Protection of the Environment Operations Act 1997 No 156--Schedule 1
Public Authorities (Financial Arrangements) Act 1987 No 33--Schedule 2
Public Authorities (Financial Arrangements) Regulation 1995--Schedule 2
Public Finance and Audit Act 1983 No 152--Schedule 2
Public Finance and Audit (General) Regulation--Schedule 2
Residential Tenancies Act 1987 No 26--Schedule 1
Residential Tribunal Act 1998 No 168--Schedule 1
Retirement Villages Act 1999 No 81--Schedule 1
Rivers and Foreshores Improvement Act 1948 No 20--Schedule 2
Road Transport (Driver Licensing) Act 1998 No 99--Schedule 3
Road Transport Legislation Amendment Act 1999 No 19--Schedule 3
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 3
Rural Lands Protection Act 1989 No 197--Schedule 1
State Emergency Service Act 1989 No 164--Schedule 1
Statute Law (Miscellaneous Provisions) Act (No 2) 1997 No 147--Schedule 3
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 2
Stock Diseases Act 1923 No 34--Schedule 4
Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 No 74--
Schedule 3
Strata Schemes (Freehold Development) Act 1973 No 68--Schedule 1
Strata Schemes (Leasehold Development) Act 1986 No 219--Schedule 1
Subordinate Legislation Act 1989 No 146--Schedule 1
Superannuation Legislation Further Amendment Act 1999 No 86--Schedule 3
Supreme Court Act 1970 No 52--Schedule 3
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 2
Sydney Harbour Foreshore Authority Act 1998 No 170--Schedule 2
Threatened Species Conservation Act 1995 No 101--Schedule 3
Transport Administration Act 1988 No 109--Schedule 3
Transport Appeal Boards Act 1980 No 104--Schedule 3
Travel Agents Act 1986 No 5--Schedule 1
Water Act 1912 No 44--Schedule 3
Water Legislation Amendment Act 1999 No 98--Schedule 3
Page 86
Statute Law (Miscellaneous Provisions) Bill 2000
Notes
Workplace Injury Management and Workers Compensation Act 1998 No 86--
Schedule 1
Index of Acts repealed by section 4 and Schedule 5
Australia Acts (Request) Act 1999 No 11
Coastal Protection Amendment Act 1998 No 46
Crimes Amendment (Child Pornography) Act 1995 No 49
Dairy Industry (Amendment) Act 1983 No 156
Industrial Relations Amendment (Federal Award Employees) Act 1998 No 164
Industrial Relations Amendment (Unfair Contracts) Act 1998 No 106
and Sales Amendment Act 1998 No 4
andlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 No 57
egal Profession Amendment (Practice of Foreign Law) Act 1998 No 93
ibrary (Amendment) Act 1975 No 41
ocal Government Amendment (Amalgamations and Boundary Changes) Act 1999
No 38
ocal Government Amendment (Community Land Management) Act 1998 No 140
ocal Government Amendment (Ombudsman's Recommendations) Act 1998 No 90
ocal Government Amendment (Parking and Wheel Clamping) Act 1998 No 62
ocal Government Legislation Amendment (Elections) Act 1998 No 141
Monopolies Act 1923 No 54
Pawnbrokers and Second-hand Dealers Amendment Act 1998 No 24
Pay-roll Tax Amendment (Apprentices Concession and Rate Reduction) Act 1999
No 7
Pay-roll Tax Amendment (Further Rate Reduction) Act 1999 No 36
Property, Stock and Business Agents Amendment (Penalty Notices) Act 1998 No 59
Public Finance and Audit Amendment (Consolidated Financial Statements) Act 1999
No 37
Roads Amendment (Transitways) Act 1999 No 29
Roads and Traffic Legislation Amendment (Load Restraint) Act 1998 No 25
School Forest Areas Act 1936 No 20
Shop Trading (Special Provisions) Act 1999 No 84
State Coal Mines Act 1912 No 70
Stock Diseases (Swine Branding) Amendment Act 1981 No 10
Superannuation Legislation Amendment Act 1998 No 72
Sydney Cove Redevelopment Authority Amendment Act 1998 No 32
Waste Minimisation and Management Amendment Act 1998 No 155
Young Offenders Amendment Act 1998 No 51
Page 87
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