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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Repeals 2
5 General savings, transitional and other provisions 2
6 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 50
Schedule 3 Repeals 64
Schedule 4 General savings, transitional and other provisions 70
Notes 73
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, , 2004
New South Wales
Statute Law (Miscellaneous
Provisions) Bill 2004
Act No , 2004
An Act to repeal certain Acts, provisions of Acts and an instrument 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 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2004.
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 2 commence on the day
or days specified in those Schedules in relation to the amendments
concerned. If a commencement day is not specified, the
amendments commence on the date of assent.
3 Amendments
The Acts and instruments specified in Schedules 1 and 2 are
amended as set out in those Schedules.
4 Repeals
Each Act and instrument specified in Schedule 3 is, to the extent
indicated in that Schedule, repealed.
5 General savings, transitional and other provisions
Schedule 4 has effect.
6 Explanatory notes
The matter appearing under the heading "Explanatory note" in any
of the Schedules does not form part of this Act.
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Statute Law (Miscellaneous Provisions) Bill 2004
Minor amendments Schedule 1
Schedule 1 Minor amendments
(Section 3)
1.1 Anglican Clergy Provident Fund (Sydney) Act 1908
[1] Sections 3 (2) and 8
Omit "Church of England" wherever occurring.
Insert instead "Anglican Church of Australia".
[2] Section 9
Insert after section 8:
9 Power to delegate to Standing Committee of Synod
The Anglican Church of Australia Synod of the Diocese of
Sydney may, by ordinance, delegate to the Standing
Committee of that Synod any one or more of the powers
conferred on the Synod by sections 3 (2) and 8.
Explanatory note
Item [1] of the proposed amendments updates outdated references.
Item [2] of the proposed amendments permits the Anglican Church of Australia Synod
of the Diocese of Sydney to delegate to the Standing Committee of that Synod any one
or more of the Synod's powers under sections 3 (2) and 8 of the Anglican Clergy
Provident Fund (Sydney) Act 1908 (the Act). Those powers include the power to
change, by ordinance, the name of the Board of Directors of the Anglican Provident
Fund (the Fund) established by the Act, to amend or repeal any ordinance made under
the Act (such as the Anglican Provident Fund Ordinance 1990 that is currently in force)
and to provide for the admission to membership of the Fund of teachers in Anglican
schools, officials of Anglican Diocesan Registries and certain other lay persons
engaged in the work of the Anglican Church or employed by any institution, school or
organisation of that Church.
1.2 Apprenticeship and Traineeship Act 2001 No 80
Section 7 Applications to establish apprenticeships and
traineeships
Omit "An employer who employs a person as an apprentice or trainee
may, with the person's consent," from section 7 (1).
Insert instead "An employer who employs, or proposes to employ, a
person as an apprentice or trainee may".
Explanatory note
At present, section 7 (1) of the Apprenticeship and Traineeship Act 2001 (the Act)
permits a person who employs another person as an apprentice or trainee to apply,
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 1 Minor amendments
with the consent of the apprentice or trainee, to the Commissioner for Vocational
Training for the establishment of an apprenticeship or traineeship under the Act.
Section 7 (2) of the Act requires the employer to make such an application (if the
employer has not already done so) within 28 days after the date on which the employer
employs the apprentice or trainee. Failure to comply with that requirement constitutes
an offence.
The proposed amendment extends section 7 (1) so as to permit an application under
that subsection to be made by a person who has not yet actually employed the
apprentice or trainee but who proposes to do so. In view of the requirement imposed
by section 7 (2), the amendment also dispenses with the necessity to obtain the
consent of the employee or prospective employee before making the application.
1.3 Associations Incorporation Act 1984 No 143
[1] Section 65 Powers of Director-General in relation to documents
Insert "or under section 11 of the Country Women's Association of New
South Wales Incorporation Act 1931" after "lodgment under this Act" in
section 65 (1).
[2] Section 65 (1) (d)
Omit "this Act or the regulations".
Insert instead "this Act or the Country Women's Association of New South
Wales Incorporation Act 1931 (as the case may require) or with the
requirements of the regulations made under the relevant Act".
Commencement
The amendments to the Associations Incorporation Act 1984 commence on a day to
be appointed by proclamation.
Explanatory note
The proposed amendments are related to the amendments proposed to be made to the
Country Women's Association of New South Wales Incorporation Act 1931 elsewhere
in this Schedule. The Explanatory note to those proposed amendments explains the
effect of the proposed amendments to the Associations Incorporation Act 1984.
1.4 Building and Construction Industry Long Service Payments
Act 1986 No 19
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
Chief Executive Officer means the Chief Executive Officer
of the WorkCover Authority.
[2] Section 3 (1)
Omit the definition of Director-General.
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Minor amendments Schedule 1
[3] Sections 4 (2), (3) and (5), 6 (3), 8 (2) (a), 45, 47 (5), 60 and 62
Omit "Director-General" wherever occurring.
Insert instead "Chief Executive Officer".
[4] Section 7 Delegation
Omit "Department of Industrial Relations" wherever occurring in section
7 (1) (a) and (b).
Insert instead "WorkCover Authority".
[5] Section 28 Entitlement to long service payments
Omit "subsection (1) (a) or (f)" from section 28 (2) (a).
Insert instead "subsection (1) (a), (f) or (g)".
[6] Section 28 (3)-(3B)
Insert after section 28 (2):
(3) A payment made by the Corporation in respect of an
application under subsection (2) is valid and effectual against
any demand in respect of the payment by any other person.
(3A) If payment is made in respect of an application under
subsection (2), before the grant of letters of administration of
the estate, to the personal representative of a person who died
intestate, the personal representative holds the payment
subject to the same trusts as if he or she had obtained such a
grant.
(3B) A payment must not be made in respect of an application
under subsection (2) after evidence has been produced to the
Corporation of the grant of letters of administration of the
estate, or probate of the will, of the deceased person, except to
the person who has obtained the letters of administration or
probate of the will (as appropriate).
[7] Section 28 (5)
Insert after section 28 (4):
(5) In this section, personal representative, in relation to a
payment in respect of a person who has died, means:
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Schedule 1 Minor amendments
(a) in the case of a person who died wholly or partially
intestate--any person who appears to the Corporation
to be entitled to obtain a grant of letters of
administration of the estate of the person, and
(b) in the case of a person who died testate--any person
who appears to the Corporation to be entitled to receive
the relevant payment under the will of the person.
[8] Section 29 Amount of long service payment
Omit "section 28 (1) (a) or (f)" from section 29 (2) (a).
Insert instead "section 28 (1) (a), (f) or (g)".
[9] Section 29 (3)
Omit paragraph (a) of the definition of P. Insert instead:
(a) in the case of a registered worker who, in the opinion of
the Corporation, performed work under a contract of
employment during the whole or a majority of the
relevant period before that date--the amount of
ordinary pay that is, in the opinion of the Corporation:
(i) payable for the classification of the registered
worker under the award fixing a rate of pay for
that work, calculated as at that date in respect of
work on 5 working days during those hours in
which ordinary pay is payable, or
(ii) payable under an award fixing a rate of pay for
work that is equivalent, or substantially
equivalent, to the type of work carried out by the
registered worker, calculated as at that date in
respect of work on 5 working days during those
hours in which ordinary pay is payable, or
(iii) if the registered worker is a person referred to in
paragraph (c) (i) of the definition of building and
construction work in section 3--payable under
an award fixing a rate of pay for work that is
equivalent, or substantially equivalent, to the
type of work carried out by workers under the
supervision of the registered worker, calculated
as at that date in respect of work on 5 working
days during those hours in which ordinary pay is
payable, or
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Minor amendments Schedule 1
(iv) if the registered worker is a person referred to in
paragraph (c) (ii) of the definition of building
and construction work in section 3--payable
under an award fixing a rate of pay for work that
is equivalent, or substantially equivalent, to the
type of work carried out by workers for whom the
registered worker has responsibility in his or her
capacity as a clerk of works, calculated as at that
date in respect of work on 5 working days during
those hours in which ordinary pay is payable, or
[10] Section 32 Payments to employers
Omit paragraph (a) of the definition of P in section 32 (1). Insert instead:
(a) in the case of a registered worker who, in the opinion of
the Corporation, performed work under a contract of
employment during the whole or a majority of the
relevant period before that date--the amount of
ordinary pay that is, in the opinion of the Corporation:
(i) payable for the classification of the registered
worker under the award fixing a rate of pay for
that work, calculated as at that date in respect of
work on 5 working days during those hours in
which ordinary pay is payable, or
(ii) payable under an award fixing a rate of pay for
work that is equivalent, or substantially
equivalent, to the type of work carried out by the
registered worker, calculated as at that date in
respect of work on 5 working days during those
hours in which ordinary pay is payable, or
(iii) if the registered worker is a person referred to in
paragraph (c) (i) of the definition of building and
construction work in section 3--payable under
an award fixing a rate of pay for work that is
equivalent, or substantially equivalent, to the
type of work carried out by workers under the
supervision of the registered worker, calculated
as at that date in respect of work on 5 working
days during those hours in which ordinary pay is
payable, or
(iv) if the registered worker is a person referred to in
paragraph (c) (ii) of the definition of building
and construction work in section 3--payable
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 1 Minor amendments
under an award fixing a rate of pay for work that
is equivalent, or substantially equivalent, to the
type of work carried out by workers for whom the
registered worker has responsibility in his or her
capacity as a clerk of works, calculated as at that
date in respect of work on 5 working days during
those hours in which ordinary pay is payable, or
[11] Section 32 (4)
Omit "section 19 (1)" where firstly occurring. Insert instead "section 19".
[12] Section 32 (4)
Omit "section 19 (1)" where secondly occurring.
Insert instead "section 19 (2A) or (3)".
[13] Section 32A Entitlement to long service benefit for service in a
reciprocating State or Territory
Insert after section 32A (4):
(4A) A payment made by the Corporation in respect of an
application under subsection (2) is valid and effectual against
any demand in respect of the payment by any other person.
(4B) If payment is made in respect of an application under
subsection (2), before the grant of letters of administration of
the estate, to the personal representative of a registered
worker who died intestate, the personal representative holds
the payment subject to the same trusts as if he or she had
obtained such a grant.
(4C) A payment must not be made in respect of an application
under subsection (2) after evidence has been produced to the
Corporation of the grant of letters of administration of the
estate, or probate of the will, of the deceased registered
worker, except to the person who has obtained the letters of
administration or probate of the will (as appropriate).
[14] Section 32A (9)
Insert after section 32A (8):
(9) In this section, personal representative, in relation to a
payment in respect of a deceased registered worker, means:
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Statute Law (Miscellaneous Provisions) Bill 2004
Minor amendments Schedule 1
(a) in the case of a person who died wholly or partially
intestate--any person who appears to the Corporation
to be entitled to obtain a grant of letters of
administration of the estate of the person, and
(b) in the case of a person who died testate--any person
who appears to the Corporation to be entitled to receive
the relevant payment under the will of the person.
[15] Schedule 1 Provisions relating to members and procedure of
Committee
Insert after clause 12:
13 Transaction of business outside meetings or by telephone
(1) The Committee may, if it thinks fit, transact any of its
business by the circulation of papers among all the members
of the Committee for the time being, and a resolution in
writing approved in writing by a majority of those members is
taken to be a decision of the Committee.
(2) The Committee may, if it thinks fit, transact any of its
business at a meeting at which members (or some members)
participate by telephone, closed-circuit television or other
means, but only if any member who speaks on a matter before
the meeting can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights
as they have at an ordinary meeting of the Committee.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of
the Committee.
(5) Papers may be circulated among the members for the
purposes of subclause (1) by facsimile or other transmission
of the information in the papers concerned.
Explanatory note
Administrative changes
Items [1]-[4] of the proposed amendments reflect the administrative changes made by
clause 4 of the Public Sector Employment and Management (Long Service Payments
Corporation) Order 2003 which was gazetted on 19 December 2003.
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Schedule 1 Minor amendments
Item [1] inserts a definition of Chief Executive Officer in section 3 (Definitions) of the
Building and Construction Industry Long Service Payments Act 1986 (the Act) and
item [2] repeals the definition of Director-General in that section. Items [3] and [4]
make consequential amendments.
Personal representative's application for long service payment
Section 28 (2) of the Act specifies the circumstances in which the personal
representative of a person who died having service credits (as provided for in the Act)
may apply for a long service payment in respect of the person.
Among other things, the subsection provides that application may be made if,
immediately prior to the deceased's death, he or she was entitled to apply for a long
service payment by virtue of section 28 (1) (a) or (f)--that is, because the deceased
had completed 10 years' service as a worker (paragraph (a)) or had completed a further
5 years' service as a worker on top of the original 10 years' service (paragraph (f)).
However, section 28 (1) (g), which was not in that section when the original section 28
was repealed and re-enacted in 1986, now provides an additional entitlement to living
workers for long service payment in respect of every subsequent 5 years' service as a
worker after the original 15 years' service dealt with by paragraphs (a) and (f).
Paragraph (g) is not reflected in section 28 (2).
Item [5] of the proposed amendments amends section 28 (2) (a) so as to ensure that,
for parity with living workers, an entitlement to long service payment in respect of a
deceased worker includes an entitlement in respect of each 5 years' service of the
worker that is subsequent to the worker's original 15 years' service.
Item [8] makes a consequential amendment.
Meaning of "personal representative"
Section 32A (2) permits the personal representative of a deceased registered worker
to apply for the payment of a long service benefit in respect of the deceased worker's
service as a worker in another State or Territory (if that State or Territory is a
reciprocating State or Territory within the meaning of the Act).
"Personal representative" is not defined in the Act. Items [7] and [14] of the proposed
amendments define that term for the purposes of sections 28 and 32A, respectively, so
as to include:
(a) in the case of a deceased worker who died without having made a will (or having
made a will that does not dispose of the whole of the deceased's estate)--any
person who appears to the Building and Construction Industry Long Service
Payments Corporation (the Corporation) to be entitled to obtain a grant of
letters of administration of the estate of the deceased worker, and
(b) in the case of a deceased worker who died having made a will that disposes of
the whole of the deceased's estate--any person who appears to the
Corporation to be entitled to receive the relevant payment under the deceased
worker's will.
In consequence of permitting payment to be made to a beneficiary or prospective
administrator in advance of the grant of probate or letters of administration, items [6]
and [13] of the proposed amendments insert additional provisions in sections 28 and
32A, respectively. Those provisions:
(a) protect the Corporation against any subsequent claims for payment after it has
paid out in respect of an application under section 28 (2) or 32A (2) to a personal
representative, and
(b) provide that any prospective administrator who is paid in respect of an
application under either of those subsections in advance of the grant of letters
of administration holds the payment on the same trusts as if that grant had been
made, and
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Minor amendments Schedule 1
(c) prohibit payment in respect of an application under those subsections, once
letters of administration or probate of a will have been granted, to anyone but
the administrator of the estate or executor of the will (as appropriate).
A similar provision is to be found in section 83 of the Co-operatives Act 1992.
Amount of long service payment
Sections 29 and 32 of the Act contain formulas for calculation of the long service
payment to be made to registered workers or their personal representatives (section
29) and employers (section 32). The sections contain identical definitions of P (pay).
Paragraph (a) in each of the definitions applies to registered workers who, in the
opinion of the Corporation, performed work under a contract of employment during the
whole or the majority of the relevant period (within the meaning of the sections).
However, paragraph (a) in each case assumes that the registered workers concerned
are all covered by rates of pay fixed by an award. This is not the case in respect of
clerks of works or certain supervisors--the persons referred to in paragraph (c) of the
definition of building and construction work in section 3 of the Act. Consequently,
there is no mechanism in section 29 or 32 by which the payments relevant to those
persons can be calculated.
Items [9] and [10] of the proposed amendments repeal and re-enact paragraph (a) of
the definition of P in those sections so as to provide such a mechanism (paragraph (a)
(ii)-(iv)).
Transaction of business outside meetings or by telephone
Item [15] of the proposed amendments inserts a standard provision permitting the
Building and Construction Industry Long Service Payments Committee constituted by
the Act to transact any of its business by circulation of papers among all its members
or by telephone, closed-circuit television or the like.
Statute law revision
Items [11] and [12] of the proposed amendments are consequential on the
reorganisation of section 19 of the Act by the Building and Construction Industry Long
Service Payments Amendment Act 1998.
1.5 Centenary Institute of Cancer Medicine and Cell Biology Act
1985 No 192
[1] Section 7 Constitution of the Board
Omit section 7 (3) (c) and (d). Insert instead:
(c) 2 are to be persons approved by the Central Sydney
Area Health Service,
[2] Schedule 1 Provisions relating to the governors
Insert after clause 9:
10 Transitional provision
A person appointed as a governor under section 7 (3) (c) or (d)
and holding office as such immediately before the
commencement of the amendment made to section 7 (3) by
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Schedule 1 Minor amendments
the Statute Law (Miscellaneous Provisions) Act 2004 is taken
to have been appointed under that section as so amended.
Explanatory note
Section 7 of the Centenary Institute of Cancer Medicine and Cell Biology Act 1985 (the
Act) constitutes the Centenary Institute Board, consisting of 13 governors appointed
by the Governor. Section 7 (3) specifies who the governors are to be. Section 7 (3) (c)
provides that one governor is to be "the Chairman of the Board of the Royal Prince
Alfred Hospital or the Chairman's nominee, approved by the Board of that Hospital",
and section 7 (3) (d) provides that another governor is to be the General
Superintendent of that Hospital (or the General Superintendent's nominee), approved
in the same way.
The Royal Prince Alfred Hospital was transferred to an area health service under the
Area Health Services Act 1986 and, under Schedule 6 to that Act, the members of its
Board ceased to hold office on that transfer. However, the position of the governors of
the Centenary Institute Board appointed under section 7 (3) (c) and (d) of the Act was
preserved by section 7 (6), which was inserted in the Act by the Miscellaneous Acts
(Area Health Services) Amendment Act 1986 in the following terms:
"If the Royal Prince Alfred Hospital is, under the Area Health Services Act 1986,
transferred to an area health service constituted under that Act--
(a) the governor referred to in subsection (3) (c) or (d) does not cease to hold office
because of that transfer; and
(b) the person who may, after that transfer, be appointed as such a governor shall
be a person approved by the area health service."
Section 7 (6) was repealed by the Health Services Act 1997, which also repealed the
Area Health Services Act 1986 (to which section 7 (6) referred).
Item [1] of the proposed amendments preserves the effect of section 7 (6) (b). Item [2]
of the proposed amendments inserts a transitional provision.
1.6 Conveyancers Licensing Act 2003 No 3
Section 53 Payment of trust money into trust account and
payment of controlled money as directed
Omit section 53 (4) (b). Insert instead:
(b) may not be exercised unless:
(i) the licensee has disclosed to the client, in
accordance with Division 5 of Part 3, the basis of
the costs for the conveyancing work concerned,
or
(ii) if such a disclosure is not required to be made (as
provided by sections 39 and 40 and any relevant
regulations)--the licensee has served a bill of
costs on the client.
Explanatory note
At present, section 53 of the Conveyancers Licensing Act 2003 (the Act) provides for
the way in which money received for or on behalf of any person by a licensed
conveyancer in connection with the licensee's conveyancing business is to be dealt
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Minor amendments Schedule 1
with. Generally, the money is to be held in a trust account or, if the person for or on
whose behalf the money is received directs that it be paid otherwise than into a general
trust account, is to be paid as directed and, pending that payment, is to be held (in
certain circumstances) in accordance with the regulations relating to controlled money.
Section 53 (3) (c) provides for the licensee to exercise a general retaining lien for
unpaid costs and disbursements in respect of certain money in a trust account or
controlled money account. Section 53 (4) (b) provides that such a lien may not be
exercised "unless the licensee has delivered an outline bill of costs and
disbursements".
The term "outline bill of costs and disbursements" is not used elsewhere in the Act.
Division 5 of Part 3 of the Act (sections 36-41) requires the basis of the costs for
conveyancing work to be carried out for a client to be disclosed to the client in
accordance with that Division, unless disclosure is not required to be made (as
provided by sections 39 and 40 and the regulations).
The proposed amendment removes the reference to an "outline bill of costs and
disbursements" from section 53 (4) (b) and provides, instead, that the lien is not
exercisable unless the licensee has disclosed the basis of the costs to the client in
accordance with Division 5 of Part 3 or, if that disclosure is not required, has served a
bill of costs on the client. (The Act defines costs as including disbursements.)
1.7 Country Women's Association of New South Wales
Incorporation Act 1931
[1] Section 11 Registration of rules
Omit "shall be registered in the Companies Office established under the
Companies Act 1961, as amended by subsequent Acts, in a manner similar
to that in which documents filed or lodged under that Act, as so amended,
are recorded, filed and kept, and the said rules or any alteration or repeal
of any rule or any new rule shall not be in force until so registered".
Insert instead "is to be lodged in the same way as a notice setting out
particulars of an alteration of the rules of an association incorporated
under the Associations Act is required by section 20 (2) of that Act to be
lodged, and, on and after the commencement of subsection (3), any
alteration or repeal of any rule or any new rule does not take effect until
the copy is so lodged".
[2] Section 11
Omit the last sentence of the section.
[3] Section 11 (2)-(5)
Insert at the end of section 11:
(2) Section 59 (3) of the Associations Act (which provides for the
inspection of documents lodged under that Act, and for the
provision of copies or extracts of such documents, on the
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Schedule 1 Minor amendments
payment of a fee prescribed under that Act) applies in respect
of any copy of the rules, and in respect of any copy of any
alteration or repeal of any rule and any copy of any new rule,
lodged under this section as if the copy were a document
lodged under the Associations Act.
(3) For the purposes of subsection (1), the following provisions
have effect in respect of references in section 20 (2) of the
Associations Act:
(a) a reference to the public officer of an incorporated
association is taken to be a reference to the president of
the said corporation,
(b) a reference to a special resolution is taken to be a
reference to the method of altering or repealing a rule or
of making a new rule specified in section 10,
(c) a reference to a notice in an approved form verified as
prescribed is taken to be a reference to a copy of the
alteration or repeal of the rule or of the new rule (as the
case may be) proved to be such in accordance with
subsection (1).
(4) For avoidance of doubt:
(a) the penalty provided by section 20 (2) of the
Associations Act for failure to comply with that
subsection does not apply in respect of a failure to
comply with this section, and
(b) any fee that is required to be paid under the
Associations Act in connection with a lodgment of a
notice under section 20 (2) of that Act is also to be paid
in connection with a lodgment under this section, and
(c) section 64 of the Associations Act (relating to the
failure to pay any requisite fee on the lodgment of
documents under that Act) applies in respect of a
lodgment under this section as if it were a lodgment
under that Act.
(5) In this section, the Associations Act means the Associations
Incorporation Act 1984.
Commencement
The amendments to the Country Women's Association of New South Wales
Incorporation Act 1931 commence on a day or days to be appointed by proclamation.
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Minor amendments Schedule 1
Explanatory note
Lodgment of copies of rules of Country Women's Association
The Country Women's Association of New South Wales (the CWA) is incorporated
under the Country Women's Association of New South Wales Incorporation Act 1931
(the CWA Act).
At present, section 11 of the CWA Act requires copies of the rules of the CWA, and of
any alteration or repeal of any rule and of every new rule, to be "registered in the
Companies Office established under the Companies Act 1961". The Companies Office
no longer exists, and the Companies Act 1961 has been effectively superseded by the
Corporations Act 2001 of the Commonwealth.
As the CWA is an incorporated association rather than a company, item [1] of the
proposed amendments amends section 11 so as to require the copies of the rules, and
of the alteration or repeal of a rule, and of any new rule, to be lodged in the same way
as evidence of an alteration of any rule of an association incorporated under the
Associations Incorporation Act 1984 (the Associations Act) is required under section
20 (2) of that Act to be lodged.
Supplemental provisions
Item [2] of the proposed amendments omits the last sentence of the current section 11
of the CWA Act. That sentence provides that any copy of a document lodged under
section 11 is to be open for inspection at all reasonable times by the public. The
provision is silent as to the cost of any such inspection.
Item [3] of the proposed amendments inserts four new subsections in section 11.
Proposed section 11 (2) provides for the inspection of copy documents lodged under
section 11 as if they had been lodged under the Associations Act (which also provides
for the provision of copies or extracts of the documents and involves the payment of a
fee for an inspection, copy or extract).
Proposed section 11 (3) "translates" certain references in section 20 (2) of the
Associations Act for the purposes of section 11 of the CWA Act as amended by item [1].
Proposed section 11 (4) removes any doubt as to the operation of certain other
provisions of the Associations Act in respect of the lodgment of material under section
11 (1).
Proposed section 11 (5) inserts a definition for the purposes of section 11.
Related amendments are proposed to be made to section 65 of the Associations Act
elsewhere in this Schedule. The effect of those amendments will be to permit the
rejection, and require the rectification, of documents lodged under section 11 if the
documents are deficient in some way.
1.8 Crimes (Administration of Sentences) Amendment Act 2002
No 36
Section 4 Monitoring of amendments by Ombudsman
Omit section 4 (3). Insert instead:
(3) For that purpose, the Ombudsman may require NSW Police,
the Department of Corrective Services or the Attorney
General's Department to provide information concerning its
participation in the operation of the relevant provisions.
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Explanatory note
Section 4 of the Crimes (Administration of Sentences) Amendment Act 2002 (the Act)
requires the Ombudsman to keep under scrutiny, for a period of 2 years after the
commencement of the section (that is, the period of 2 years commencing on 21
February 2003), the operation of the provisions amended by the Act and the provisions
of the Summary Offences Act 1988 amended or inserted by the Summary Offences
Amendment (Places of Detention) Act 2002 (which was cognate with the Act).
Section 4 (3) of the Act provides that, for the purpose of that scrutiny, the Ombudsman
may require the Department of Corrective Services or the Attorney General's
Department to provide information concerning the Department's participation in the
operation of the relevant provisions.
However, those provisions may also require the participation of NSW Police.
Accordingly, the proposed amendment extends the Ombudsman's power to require the
provision of information so as to permit the Ombudsman to make that requirement of
NSW Police as well as of the relevant Department.
1.9 Criminal Appeal Act 1912 No 16
[1] Section 2 Definitions
Omit "Victims Compensation Act 1996" from paragraph (f) of the
definition of sentence in section 2 (1).
Insert instead "Victims Support and Rehabilitation Act 1996".
[2] Section 2 (1), definition of "sentence"
Omit "section 126" from paragraph (g). Insert instead "section 43".
[3] Section 2 (1), definition of "sentence"
Omit "Part 6" from paragraph (h). Insert instead "Division 3 of Part 5".
Explanatory note
Item [1] of the proposed amendments updates a reference to the "Victims
Compensation Act 1996" in consequence of the renaming of that Act as the Victims
Support and Rehabilitation Act 1996.
Item [2] of the proposed amendments corrects a cross-reference to section 126 of the
Criminal Procedure Act 1986 in consequence of the rearrangement and renumbering
of the provisions of that Act by the Criminal Procedure Amendment (Justices and Local
Courts) Act 2001. Section 126 was renumbered as section 43.
Item [3] of the proposed amendments corrects a cross-reference to "Part 6 of Chapter
4" of the Criminal Procedure Act 1986. The renumbering of the Criminal Procedure Act
1986 did not include a Part 6 in Chapter 4. The correct reference is to Division 3 of Part
5 of Chapter 4.
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1.10 Dental Practice Act 2001 No 64
Schedule 7 Savings and transitional provisions
Omit "the subject of an inquiry by a Professional Standards Committee or
an inquiry by or appeal before the Dental Tribunal under that Act" from
clause 15 (2).
Insert instead "the subject of an inquiry by or appeal before the old
Board".
Commencement
The amendment to the Dental Practice Act 2001 commences, or is taken to have
commenced, on the commencement of clause 15 of Schedule 7 to that Act.
Explanatory note
Clause 15 of Schedule 7 to the Dental Practice Act 2001 (the new Act) deals with
complaints that have been made to the Dental Board constituted by the Dentists Act
1989 (the old Act) and not finally disposed of as at the commencement of the new Act.
Generally, those complaints are to be dealt with as if they had been made under the
new Act. However, clause 15 (2) provides that such a complaint is to be dealt with
under the old Act as if that Act had not been repealed if, on the commencement of
clause 15, the complaint "is the subject of an inquiry by a Professional Standards
Committee or an inquiry by or appeal before the Dental Tribunal under [the old Act]".
Although many health professional Acts provide for Professional Standards
Committees, neither the old Act nor the new Act does so, and the old Act did not provide
for a Dental Tribunal (although the new Act does).
Accordingly, the proposed amendment removes the references to those bodies and
provides, instead, that a complaint under the old Act is to be dealt with under that Act
if, at the commencement of clause 15 of Schedule 7, the complaint was the subject of
an inquiry by or an appeal before the Dental Board constituted by the old Act.
1.11 Forestry Act 1916 No 55
[1] Section 27 Penalty for unlawfully taking timber, products or forest
materials
Omit "Native Vegetation Conservation Act 1997" from section
27 (3) (a) (ia).
Insert instead "Native Vegetation Act 2003".
[2] Section 27H (d1)
Omit "Native Vegetation Conservation Act 1997".
Insert instead "Native Vegetation Act 2003".
Commencement
Item [1] of the amendments to the Forestry Act 1916 commences, or is taken to have
commenced, on the commencement of Part 3 of the Native Vegetation Act 2003.
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Schedule 1 Minor amendments
Item [2] of the amendments to the Forestry Act 1916 commences, or is taken to have
commenced, on the commencement of section 6 of the Native Vegetation Act 2003.
Explanatory note
The proposed amendments are consequential on the repeal of the Native Vegetation
Conservation Act 1997 and its replacement by the Native Vegetation Act 2003.
1.12 Gaming Machine Tax Act 2001 No 72
[1] Section 9 Calculation and assessment of tax
Insert "(and the hotelier or registered club concerned)" after "the Chief
Commissioner" in section 9 (1) (b).
[2] Section 9 (2A)
Insert after section 9 (2):
(2A) The Chief Commissioner must notify the hotelier or
registered club concerned of any recalculation advised to the
Chief Commissioner under subsection (2).
Explanatory note
Section 8 of the Gaming Machine Tax Act 2001 (the Act) provides that the Liquor
Administration Board (the Board) may, from time to time, require certain (or all)
hoteliers and registered clubs that keep gaming machines to lodge a return in relation
to the performance of those gaming machines and the tax payable under the Act in
respect of them. The return is to be lodged with the holder of the centralised monitoring
system licence under the Gaming Machines Act 2001 (the CMS licensee).
Section 9 (1) of the Act requires the CMS licensee, as soon as practicable after the
receipt of such a return, to calculate the amount of each quarterly instalment of tax
payable by the hotelier or registered club concerned and to advise the Chief
Commissioner of State Revenue (the Chief Commissioner) of the calculated amount.
Section 9 (2) of the Act permits the Board, in certain circumstances, to recalculate the
amount of any such quarterly instalment and to advise the Chief Commissioner
accordingly.
Item [1] of the proposed amendments requires the CMS licensee to advise the hotelier
or registered club concerned, as well as the Chief Commissioner, of the amount it has
calculated in respect of the hotelier or registered club.
Item [2] of the proposed amendments requires the Chief Commissioner to notify the
hotelier or registered club concerned of any recalculation of that amount advised to the
Chief Commissioner under section 9 (2).
1.13 Geographical Names Act 1966 No 13
[1] Section 3 Geographical Names Board
Omit "Department of Urban Affairs and Planning" from section 3 (2) (b).
Insert instead "Department of Infrastructure, Planning and Natural
Resources".
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Minor amendments Schedule 1
[2] Section 3 (2) (d)
Omit "Department of Information Technology and Management".
Insert instead "Department of Lands".
[3] Section 5 Powers and functions of board
Insert at the end of section 5:
(2) The board may compile, maintain and publish a list of road
names.
[4] Section 7A
Insert after section 7:
7A Certain names taken to be recorded names
(1) The board may resolve to regard a name of a place as the
recorded name of the place if the name appears in the same
way on or in more than one map or other publication, or
database, published or maintained:
(a) by a government agency, or
(b) by any other body, if:
(i) the publication or database has been publicly
available for a minimum of three years, and
(ii) the board is of the opinion that the publication or
database is of a reliable cartographic and
geospatial standard.
(2) A name cannot be the subject of a resolution under this
section if the board is aware that the name appears differently
on or in two or more publications or databases referred to in
subsection (1), even if the name appears in the same way on
or in more than one such publication or database.
(3) A name the subject of a resolution under this section is taken
to be a recorded name for the purposes of this Act.
[5] Section 18 Delegation of powers
Omit "Under Secretary" from section 18 (2) (a) and (c) wherever
occurring.
Insert instead "Director-General".
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Schedule 1 Minor amendments
Explanatory note
Updating of references
Items [1], [2] and [5] of the proposed amendments update outdated references in the
Geographical Names Act 1966 (the Act) to the names of two Departments and to a
position in a Department.
Powers and functions of Geographical Names Board
Section 5 of the Act sets out the powers and functions of the Geographical Names
Board (the Board) constituted under the Act. Those powers and functions include the
function of publishing a gazetteer of geographical names. There is no reference in the
section to road names.
Item [3] of the proposed amendments specifically authorises (but does not oblige) the
Board to compile, maintain and publish a list of road names.
Assignment of geographical names to places
Section 7 of the Act permits the Board to assign, by notice in the Gazette, a recorded
name as the geographical name of a place. (A recorded name is "the name of a place
as it appears on a Lands Department map".) If the Board proposes to assign as the
geographical name of a place a name that is not a recorded name, section 8 of the Act
requires the Board to give notice of its intention to do so in the Gazette and in a
newspaper circulating in the neighbourhood of the place concerned. Section 9 of the
Act provides for the making and consideration of public submissions in respect of any
such proposal.
Item [4] of the proposed amendments inserts section 7A in the Act so as to permit the
Board to assign as the geographical name of a place a name that is not a recorded
name, without giving notice of its intention to do so, if the name appears in the same
way on or in more than one map or other publication (including a database) of a kind
specified in the section.
1.14 National Environment Protection Council (New South
Wales) Act 1995 No 4
[1] Section 14 Council may make national environment protection
measures
Omit "National Road Transport Commission" from section 14 (2) (a).
Insert instead "National Transport Commission".
[2] Section 14 (2) (b)
Omit "National Road Transport Commission Act 1991".
Insert instead "National Transport Commission Act 2003".
Explanatory note
The proposed amendments are consequential on the repeal of the National Road
Transport Commission Act 1991 of the Commonwealth and its replacement by the
National Transport Commission Act 2003 of that jurisdiction.
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1.15 Ombudsman Act 1974 No 68
[1] Section 34 Disclosure by Ombudsman or officer
Omit "or" where lastly occurring in section 34 (1) (c).
[2] Section 34 (1) (c1)
Insert after section 34 (1) (c):
(c1) to a police officer (or any other investigative authority
that the Ombudsman considers appropriate) for the
purpose of making any inquiry, or carrying out any
investigation, to determine whether any proceedings
referred to in paragraph (c) should be instituted, or
Explanatory note
Section 34 (1) of the Ombudsman Act 1974 (the Act) prohibits the disclosure, by the
Ombudsman or an officer of the Ombudsman, of "any information obtained by the
Ombudsman or officer in the course of the Ombudsman's or officer's office" unless the
disclosure is made in the circumstances set out in section 34.
Section 34 (1) (c) permits the making of such a disclosure "for the purpose of any
proceedings under section 37 [of the Act] or under Part 3 of the Royal Commissions
Act 1923 or Part 4 of the Special Commissions of Inquiry Act 1983". The Parts 3 and 4
referred to are in substantially the same terms, and create offences relating to the
relevant commission (such as failure to comply with a summons to attend the
commission or to produce documents to it, the giving of false testimony before the
commission, and the like). Section 37 of the Act creates offences under the Act (such
as failure to comply with any lawful requirement of the Ombudsman).
At present, section 34 (1) (c) does not permit a disclosure for the purpose of an
investigation to determine whether proceedings should be instituted under section 37
or Part 3 or Part 4 (for example, an investigation to determine whether a witness has
given false testimony to a Royal Commission and should, therefore, be prosecuted for
that offence).
Item [2] of the proposed amendments extends section 34 (1) (c) accordingly. Item [1]
makes a consequential amendment.
1.16 Optometrists Act 2002 No 30
Section 21 Authority for use of drugs by optometrists
Omit "and miotics" from section 21 (5).
Insert instead ", miotics and such other drugs (being one or more of the
drugs prescribed under section 29A (2) of the Optometrists Act 1930
immediately before the repeal of that section)".
Commencement
The amendment to the Optometrists Act 2002 commences, or is taken to have
commenced, on the commencement of section 21 of that Act.
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Schedule 1 Minor amendments
Explanatory note
Section 29A of the Optometrists Act 1930 (the 1930 Act--which is to be repealed and
replaced by the Optometrists Act 2002--the 2002 Act) prohibits a registered
optometrist from (among other things) using in the practice of optometry "any drugs
other than cycloplegics, local anaesthetics, mydriatics, myotics and such other drugs
as may be prescribed".
Section 21 of the 2002 Act and section 17B of the Poisons and Therapeutic Goods Act
1966 set up a new scheme, under which the Optometrists Drug Authority Committee
established under section 17B (the Committee) may from time to time approve of the
use in the practice of optometry of "specified poisons and restricted substances". The
holder of an optometrists drug authority under section 21 of the 2002 Act is authorised
to "possess, use, supply or prescribe, in the practice of optometry, such poisons and
restricted substances" as are approved under section 17B in respect of the class of
authority concerned.
To avoid the necessity for the Committee to evaluate and approve the use by
optometrists of drugs that optometrists have been using for many years under the 1930
Act, section 21 (5) of the 2002 Act provides that, despite the provisions of the Poisons
and Therapeutic Goods Act 1966, a registered optometrist "is authorised to possess
and use, in the practice of optometry, such cyclopegics, local anaesthetics, mydriatics
and miotics as may be prescribed". However, section 21 (5) omits the reference to
"such other drugs" contained in section 29A of the 1930 Act.
The proposed amendment inserts the missing reference, so as to ensure that drugs
prescribed under the 1930 Act may also be prescribed under the 2002 Act. However,
the amendment limits that reference so that it applies only in respect of drugs that are
prescribed under the 1930 Act immediately before the repeal of the relevant provision.
Any other drugs (including any new drugs that may be developed) will require approval
by the Committee before they may be used by registered optometrists in the practice
of optometry.
1.17 Parliamentary Electorates and Elections Act 1912 No 41
[1] Sections 6A and 31
Omit "members of the police force" wherever occurring.
Insert instead "police officers".
[2] Sections 90 (7), 93, 114 (1), 151D, 178, 181 and 184
Omit "member of the police force" wherever occurring.
Insert instead "police officer".
[3] Section 178 (2)
Insert at the end of section 178:
(2) This section does not apply (and is taken never to have
applied) so as to prevent a police officer from being a
candidate for election to the Legislative Assembly or
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Minor amendments Schedule 1
Legislative Council or from doing anything done by a police
officer as such a candidate.
Explanatory note
Items [1] and [2] of the proposed amendments update outdated references in the
Parliamentary Electorates and Elections Act 1912 (the Act) to a "member of the police
force". That term has been replaced by the term "police officer" (which is defined in
section 21 of the Interpretation Act 1987).
Item [3] of the proposed amendments makes it clear that the provision of the Act that
imposes a penalty on a police officer who "takes part in any election (except by
recording his or her vote) or seeks to influence in any manner any elector in giving his
or her vote for any candidate or candidates" does not prevent a police officer from being
a candidate in the election concerned and does not apply to anything done by the police
officer in the capacity of a candidate.
1.18 Plantations and Reafforestation Act 1999 No 97
Section 27 Content of Code
Omit "Native Vegetation Conservation Act 1997" from section 27 (2) (a).
Insert instead "Native Vegetation Act 2003".
Commencement
The amendment to the Plantations and Reafforestation Act 1999 commences, or is
taken to have commenced, on the commencement of section 3 of the Native
Vegetation Act 2003.
Explanatory note
The proposed amendment is consequential on the repeal of the Native Vegetation
Conservation Act 1997 and its replacement by the Native Vegetation Act 2003.
1.19 Property, Stock and Business Agents Act 2002 No 66
[1] Section 43 Duty of licensee not to employ certain persons
Omit "(unless the person currently holds a licence or certificate of
registration)" from section 43 (1) (b) and (c) wherever occurring.
Insert instead "(unless a licence or certificate of registration has
subsequently been granted to the person and is not suspended or
cancelled)".
[2] Section 55 No entitlement to commission or expenses without
agency agreement
Omit "may order that the commission or expenses" from section 55 (4).
Insert instead ", or before which a licensee is a respondent to a consumer
claim relating to commission or expenses (as referred to in section 36),
may order that the commission or expenses concerned".
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 1 Minor amendments
Explanatory note
Employment by licensee
At present, section 43 of the Property, Stock and Business Agents Act 2002 (the Act)
prohibits a person licensed under the Act (a licensee) from employing a person "in any
capacity in connection with the carrying on of the business conducted by the licensee"
if the person (among other things):
(a) has had his or her licence or certificate of registration suspended or cancelled
under the Act (section 43 (1) (b)), or
(b) has had an application for a licence or certificate of registration refused on the
ground that the person was not a fit and proper person to hold a licence or
certificate of registration (section 43 (1) (c)),
unless (in each case) "the person currently holds a licence or certificate of registration".
The exceptions are provided because (for example) problems that gave rise to the
suspension or cancellation of the licence or certificate of registration might have been
rectified by the person concerned, or the circumstances of an applicant for a licence or
certificate of registration who had been found not to be a "fit and proper person" might
have changed so as to render the applicant a fit and proper person, and a licence or
certificate of registration has subsequently been issued to the person or applicant
concerned.
However, the holding of a licence or certificate of registration is not a prerequisite for
all employment in a licensee's agency (for example, employment in an administrative
capacity). Accordingly, item [1] of the proposed amendments alters the exceptions
provided by section 43 (1) (b) and (c) so as to permit the employment of a person
whose licence or certificate has previously been cancelled or suspended, or whose
application has previously been refused, if the person has subsequently been granted
a licence or certificate even if the person has allowed the licence or certificate to lapse
(but not if the subsequent licence or certificate has been suspended or cancelled).
Waiver of technical requirement
Section 55 of the Act provides that a licensee "is not entitled to any commission or
expenses from a person for or in connection with services performed by the licensee in
the capacity of licensee for or on behalf of the person" unless certain requirements of
the Act are complied with. One of those requirements is that the licensee serve a copy
of the relevant agency agreement (signed by or on behalf of the licensee) on the person
concerned within 48 hours after the agreement was signed by or on behalf of that
person (section 55 (1) (c)).
Section 55 (4) and (5) of the Act permit, in certain circumstances, a court or tribunal
"before which proceedings are taken by a licensee for the recovery of commission or
expenses" to order that the commission or expenses are wholly or partly recoverable
despite the failure of the licensee to comply with section 55 (1) (c).
Item [2] of the proposed amendments ensures that the section 55 (1) (c) requirement
in relation to the service of the agency agreement may be waived in consumer claim
proceedings under section 36 (which relate to commission or expenses) in which the
licensee is the respondent in the same way as it may be waived in proceedings in which
the licensee is the applicant.
1.20 Protection of the Environment Operations Act 1997 No 156
[1] Section 80 Surrender of licence
Omit section 80 (3).
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Minor amendments Schedule 1
[2] Section 189 Identification
Insert "or other" after "regulatory" in section 189 (1).
[3] Section 216 Time within which summary proceedings may be
commenced
Insert "or application" after "court attendance notice" in section 216 (3).
[4] Section 216 (3)
Omit "information or application".
Insert instead "court attendance notice or application".
[5] Schedule 5 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Provisions consequent on enactment of
Statute Law (Miscellaneous Provisions)
Act 2004
Surrender of licences
Fees relating to any surrendered licence (including a licence
that was surrendered before the repeal of section 80 (3) by the
Statute Law (Miscellaneous Provisions) Act 2004) may be
refunded or waived in accordance with this Act and the
regulations.
Explanatory note
Surrender of licences
Item [1] of the proposed amendments repeals section 80 (3) of the Protection of the
Environment Operations Act 1997 (the Act). That subsection currently provides that no
fees are refundable on the surrender of a licence under the Act.
Item [5] of the proposed amendments inserts a transitional provision to make it clear
that fees relating to licences that were surrendered before the repeal of section 80 (3)
may be refunded or waived in accordance with the Act and the regulations. A related
amendment is proposed to be made to the Protection of the Environment Operations
(General) Regulation 1998 elsewhere in this Schedule.
Appointment of enforcement officers
At present, section 189 (1) of the Act requires a regulatory authority (as defined in the
Act) that appoints an authorised officer or an enforcement officer for the purposes of
the Act to provide the officer concerned with an identification card. However,
enforcement officers may be appointed by authorities other than regulatory authorities.
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Schedule 1 Minor amendments
Item [2] of the proposed amendments amends section 189 (1) to take account of that
fact.
Originating process
Section 216 of the Act provides that proceedings for an offence that is to be dealt with
summarily under the Act may be commenced:
(a) within a specified time after the date on which the offence is alleged to have
been committed, or
(b) within a specified time after the date on which evidence of the alleged offence
first came to the attention of any relevant authorised officer within the meaning
of the Act.
In the latter case, section 216 (3) of the Act requires the originating process to contain
particulars of the date on which that evidence first came to the attention of the officer
concerned. The originating process is referred to as a "court attendance notice" in the
Local Court and an "application" in the Land and Environment Court and Supreme
Court.
Items [3] and [4] of the proposed amendments correct incomplete or inaccurate
references to that originating process.
1.21 Protection of the Environment Operations (General)
Regulation 1998
[1] Clause 15 Refunds and waivers--annual licence fees
Omit the Note to the clause.
[2] Clause 15 (5)
Insert after clause 15 (4):
(5) Without limiting the other provisions of this clause, on
approval of an application under section 80 of the Act for
surrender of a licence, the EPA may waive the payment of all
or any part of an administrative fee that is an annual licence
fee in respect of the licence concerned if the EPA considers it
appropriate to do so having regard to the administrative costs
incurred by the EPA in connection with the licence.
Explanatory note
Item [1] of the proposed amendments omits a Note to clause 15 of the Protection of the
Environment Operations (General) Regulation 1998 (the Regulation) to the effect that
section 80 (3) of the Protection of the Environment Operations Act 1997 provides that
no fees are refundable on the surrender of a licence. Section 80 (3) is repealed by an
amendment proposed to be made elsewhere in this Schedule.
Item [2] of the proposed amendments inserts an additional subclause in clause 15 of
the Regulation so as to permit the waiver of payment of certain administrative fees in
relation to a licence that is surrendered. The grounds for the waiver are the same as
those for the refund of fees actually paid (as currently set out in the clause).
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1.22 Public Reserves Management Fund Act 1987 No 179
[1] Section 3 Definitions
Omit "within the meaning of Part 3B of the Crown Lands Consolidation
Act 1913" from paragraph (a) of the definition of public reserve.
Insert instead "within the meaning of Part 5 of the Crown Lands
Act 1989".
[2] Section 5 Payments into Public Reserves Management Fund
Omit "under Part 3B of the Crown Lands Consolidation Act 1913" from
section 5 (e).
Insert instead "under Division 5 of Part 5 of the Crown Lands Act 1989".
[3] Section 5 (f)
Omit "under section 136L of the Crown Lands Consolidation Act 1913 or
section 39A of the Closer Settlement Act 1904".
Insert instead "under Division 5 of Part 4 of the Crown Lands Act 1989".
[4] Section 6 Payments out of Public Reserves Management Fund
Omit "under Part 3B of the Crown Lands Consolidation Act 1913" from
section 6 (d).
Insert instead "under Division 7 of Part 5 of the Crown Lands Act 1989".
[5] Section 6 (e) and (f)
Omit "under section 37HH of the Crown Lands Consolidation Act 1913"
wherever occurring.
Insert instead "under section 111 of the Crown Lands Act 1989".
Explanatory note
The proposed amendments update outdated references to repealed Acts.
1.23 Radiation Control Act 1990 No 13
[1] Section 4 Definitions
Omit the definitions of sealed radioactive source and unsealed
radioactive source from section 4 (1).
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[2] Section 4 (1)
Insert in alphabetical order:
sealed radioactive source means a radioactive substance
sealed in a capsule, or closely bound in a solid form, so as:
(a) to prevent escape or dispersion of the radioactive
substance, and
(b) to allow the emission of ionising radiation.
sealed source device means equipment or a gauge, instrument
or device that contains a sealed radioactive source and permits
the controlled emission of radiation, but does not include a
container used solely for the storage or transport of a sealed
radioactive source.
[3] Section 7 Responsibilities of owners of sealed source devices and
certain radiation apparatus
Omit "sealed radioactive sources" from section 7 (1) (a).
Insert instead "sealed source devices".
[4] Section 7 (4) and (5)
Omit "sealed radioactive source" wherever occurring.
Insert instead "sealed source device".
[5] Section 8 Responsibilities of occupier of premises on which
certain radioactive substances are kept or used
Omit "an unsealed radioactive source" from section 8 (1).
Insert instead "a radioactive substance that is not contained in a sealed
source device".
[6] Section 8 (2)
Omit "unsealed radioactive source kept".
Insert instead "radioactive substance that is not contained in a sealed
source device and is kept".
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[7] Section 9A Authority may seek advice from Council
Omit "sealed radioactive source" from section 9A (b).
Insert instead "sealed source device".
[8] Section 18 Notices to take action
Omit "the owner" from section 18 (2) (c). Insert instead "the person".
[9] Schedule 2 Savings and transitional provisions
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Statute Law (Miscellaneous Provisions)
Act 2004
Construction of references to "sealed radioactive source"
(1) A reference to a sealed radioactive source in any licence,
accreditation or registration (and in any related document,
such as a variation, suspension, surrender or cancellation),
being a licence, accreditation, registration or other document
that is issued by the Authority for the purposes of this Act and
that was in force immediately before the repeal and re-
enactment of the definition of sealed radioactive source in
section 4 by the Statute Law (Miscellaneous Provisions)
Act 2004 is taken to be a reference to a sealed source device.
(2) Subclause (1) applies in respect of any application made to the
Authority in the same way as it applies in respect of a
document issued by the Authority.
Commencement
Items [1]-[4], [7] and [9] of the amendments to the Radiation Control Act 1990
commence, or are taken to have commenced, on 1 July 2004.
Items [5] and [6] of the amendments to the Radiation Control Act 1990 commence, or
are taken to have commenced, on the commencement of section 8 of that Act.
Explanatory note
Definitions
Section 4 (1) of the Radiation Control Act 1990 (the Act) defines (among other terms)
sealed radioactive source and unsealed radioactive source for the purposes of the
Act. At present, section 4 (1) defines sealed radioactive source as "a radioactive
substance enclosed in a container which prevents escape of the substance and
permits controlled emission of radiation from the container". In certain other
jurisdictions, the two concepts embodied in this definition are contained in separate
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definitions. The concept of the sealed radioactive source is contained in one definition
and the concept of a container or device that holds the sealed radioactive source and
controls the emission of radiation is contained in another definition.
For consistency with those other jurisdictions, item [2] of the proposed amendments
inserts a new definition of sealed radioactive source and a definition of sealed
source device to provide for the separate embodiment of the two concepts. Item [1] of
the proposed amendments repeals the current definition of sealed radioactive source
and the definition of unsealed radioactive source (which is used in only one section
of the Act). The changes effected by item [2] are changes in terminology only, not
changes of substance.
Items [3]-[7] of the proposed amendments make consequential amendments. Item [9]
inserts a savings provision.
Statute law amendment
Section 18 of the Act permits an authorised officer to serve a notice on a person whom
the authorised officer believes to be in breach of certain requirements or responsible
for unnecessary exposure to or contamination by radiation. The notice may direct the
person to take certain steps specified in it.
Section 18 (2) (c) provides that the notice must contain a statement to the effect that
the person on whom it is served is entitled to make a submission to the Environment
Protection Authority as to why "the owner" should not comply with the direction
concerned.
Item [8] of the proposed amendments corrects the incorrect reference to the owner.
1.24 Radiation Control Regulation 2003
[1] Clause 9
Omit the clause. Insert instead:
9 Exemptions from section 7 registration requirements for
certain sealed source devices
The sealed source devices specified in Schedule 3A are
exempt from the application of section 7 of the Act.
[2] Clause 12 Consulting radiation experts
Omit "sealed radioactive sources" from clause 12 (1) (e)-(h) wherever
occurring.
Insert instead "sealed source devices".
[3] Clause 17 Personal monitoring devices
Omit "unsealed radioactive sources" from clause 17 (1) (d).
Insert instead "radioactive substances that are not contained in sealed
source devices".
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[4] Clause 26 Certain occurrences are taken to be radiation accidents
Omit "sealed radioactive source" from clause 26 (2) (c).
Insert instead "sealed source device".
[5] Clause 29 Faults or defects
Omit "sealed radioactive source" from clause 29 (2) wherever occurring.
Insert instead "sealed source device".
[6] Schedule 3 Exemptions from licensing
Omit "Sealed radioactive sources" from item 2 in Part 1.
Insert instead "Sealed source devices".
[7] Schedule 3A
Insert after Schedule 3:
Schedule 3A Exemptions from application of
section 7 of the Act
(Clause 9)
1 Gas chromatography detectors
2 Enclosed x-ray diffraction, absorption and fluorescence analysers that
comply with the requirements for enclosed units as defined in the document
published by the National Health and Medical Research Council entitled
Code of practice for protection against ionizing radiation emitted from X-
ray analysis equipment (or as defined in any document replacing that
document that is published by the Australian Radiation Protection and
Nuclear Safety Agency)
Commencement
The amendments to the Radiation Control Regulation 2003 commence, or are taken to
have commenced, on 1 July 2004.
Explanatory note
Items [2]-[6] of the proposed amendments (and item [1] in part) are consequential on
certain of the amendments to the Radiation Control Act 1990 (the Act) proposed to be
made elsewhere in this Schedule. The amendments concerned are the repeal and re-
enactment of the definition of sealed radioactive source and the insertion of a
definition of sealed source device.
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Clause 9 of the Radiation Control Regulation 2003 currently provides an exemption
from the registration requirements of section 7 of the Act for all "sealed radioactive
sources" (in the current terminology) other than fixed radiation gauges. That exemption
is due to expire on 1 July 2004. Items [1] and [7] of the proposed amendments continue
the exemption in respect of certain of those "sealed source devices" (in the new
terminology).
1.25 Real Property Act 1900 No 25
Section 135J Appeals to Land and Environment Court
Insert after section 135J (3):
(3A) The appellant must join each owner of land adjoining the
boundary (except, in each case, an appellant owner) as a party
to the following proceedings:
(a) proceedings on an appeal under this section,
(b) proceedings on any appeal under the Land and
Environment Court Act 1979 in respect of the appeal.
Explanatory note
At present, section 135J of the Real Property Act 1900 (the Act) permits a person who
is dissatisfied with a boundary determination under Part 14A of the Act to appeal to the
Land and Environment Court for a determination by that Court of the position of the
boundary.
Section 135J (2) provides that the persons entitled to appeal under the section are the
following:
(a) an owner of land adjoining the boundary,
(b) a person who applied for the determination as purchaser under a contract for
the sale of land adjoining the boundary,
(c) a public or local authority or the Head of a Government Department.
The proposed amendment inserts a new subclause in section 135J to require the
appellant to join all owners of land adjoining the boundary concerned as parties to
proceedings on the appeal (and in proceedings on any subsequent appeal). Any owner
so joined who does not wish to be actively involved in the proceedings may either file
a submitting appearance or apply to the Court for removal from the proceedings.
1.26 Registered Clubs Act 1976 No 31
[1] Section 41C Disclosure of interests in contracts
Omit "section 41X" from section 41C (2) (a).
Insert instead "section 41ZC".
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[2] Section 41H Annual reporting requirements
Omit section 41H (1) (k). Insert instead:
(k) the total amount of the profits (within the meaning of
the Gaming Machine Tax Act 2001) from the operation
of approved gaming machines in the club during the
gaming machine tax period relating to the reporting
period,
[3] Section 41H (3)
Omit the subsection. Insert instead:
(3) In this section:
gaming machine tax period means:
(a) in relation to the financial year of a registered club that
includes 31 August 2004--the period of 9 months
beginning on 1 December 2003 and ending on 31
August 2004, and
(b) in relation to the financial year of a registered club
immediately preceding the financial year referred to in
paragraph (a)--the period of 12 months ending on 30
November 2003, and
(c) in relation to each financial year of a registered club
subsequent to the financial year referred to in paragraph
(a)--the period of 12 months beginning on 1 September
in the financial year concerned and ending on 31
August in the following year.
reporting period means the relevant financial year of the
registered club in relation to which the information is
provided.
Explanatory note
Gaming machine tax
As originally enacted, the Gaming Machine Tax Act 2001 provided that a tax year, in
relation to a registered club, meant the period of 12 months commencing on 1
December in any year. The State Revenue Legislation Amendment Act 2003 amended
that definition to provide, instead, that the tax year of a registered club is the period of
12 months commencing on 1 September.
Section 41H (Annual reporting requirements) of the Registered Clubs Act 1976 (the
Act) requires registered clubs to send to each of their members written information
relating to each financial year of the club ending after the commencement of that
section. (The section commenced on 9 April 2004.) Among the information that must
be provided is "the total amount of the profits (within the meaning of the Gaming
Machine Tax Act 2001) from the operation of approved gaming machines in the club
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Schedule 1 Minor amendments
during the period of 12 months ending on 30 November in the year to which the report
relates (the gaming machine tax period)"--section 41H (1) (k).
In view of the change in the definition of tax year, item [2] of the proposed amendments
repeals and re-enacts section 41H (1) (k) so as to remove the reference to 30
November and to refer, instead, to the gaming machine tax period relating to the
reporting period in respect of which the information is being provided.
Section 41H (3) of the Act currently defines reporting period for the purposes of
section 41H. Item [3] of the proposed amendments repeals and re-enacts that
subsection (without any change to the definition of reporting period) so as to permit
the insertion of a definition of gaming machine tax period. The latter definition covers
the transitional 9-month period from 1 December 2003 to 31 August 2004 that is
provided for in Schedule 2A to the Gaming Machine Tax Act 2001 (which was also
inserted in that Act by the State Revenue Legislation Amendment Act 2003).
Statute law revision
Item [1] of the proposed amendments corrects an incorrect cross-reference.
1.27 Road and Rail Transport (Dangerous Goods) Act 1997
No 113
[1] Section 34 Application orders and emergency orders
Omit section 34 (2).
[2] Section 41 Use of codes of practice etc in proceedings
Omit "the Ministerial Council for Road Transport or" from section 41 (1).
Explanatory note
Item [1] of the proposed amendments repeals a provision relating to certain provisions
of the Agreements scheduled in the now-repealed National Road Transport
Commission Act 1991 of the Commonwealth. The Agreements themselves have been
independently terminated (by clause 21 of the Inter-Governmental Agreement for
Regulatory and Operational Reform in Road, Rail and Intermodal Transport).
Item [2] of the proposed amendment omits a reference in section 41 (1) of the Road
and Rail Transport (Dangerous Goods) Act 1997 to a body that has been replaced by
the Australian Transport Council (to which section 41 (1) also refers).
1.28 Road Transport (Driver Licensing) Act 1998 No 99
[1] Section 3 Objects of Act
Insert at the end of the Note to the section:
The Commonwealth Act referred to in paragraph (a) has been repealed
and replaced by the National Transport Commission Act 2003 of the
Commonwealth, and the agreements scheduled to the repealed Act
have been independently terminated and replaced by the Inter-
Governmental Agreement for Regulatory and Operational Reform in
Road, Rail and Intermodal Transport.
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Minor amendments Schedule 1
[2] Section 19 Regulations generally
Omit "National Road Transport Commission" from section 19 (2).
Insert instead "National Transport Commission (formerly the National
Road Transport Commission)".
[3] Dictionary
Omit "section 3 of the National Road Transport Commission Act 1991"
from the definition of Australian Transport Council.
Insert instead "section 4 of the National Transport Commission Act 2003".
Explanatory note
The proposed amendments are consequential on the repeal of the National Road
Transport Commission Act 1991 of the Commonwealth and its replacement by the
National Transport Commission Act 2003 of that jurisdiction.
1.29 Road Transport (General) Act 1999 No 18
[1] Section 12 Application orders and emergency orders
Omit section 12 (2).
[2] Section 12 (5)
Omit "section 3 of the National Road Transport Commission Act 1991"
from the definition of Australian Transport Council.
Insert instead "section 4 of the National Transport Commission Act 2003".
Explanatory note
Item [1] of the proposed amendments repeals a provision relating to certain provisions
of the Agreements scheduled in the now-repealed National Road Transport
Commission Act 1991 of the Commonwealth (the Commonwealth Act). The
Agreements themselves have been independently terminated (by clause 21 of the
Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail
and Intermodal Transport).
Item [2] of the proposed amendments is consequential on the repeal of the
Commonwealth Act and its replacement by the National Transport Commission
Act 2003 of that jurisdiction.
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1.30 Road Transport (Heavy Vehicles Registration Charges)
Act 1995 No 72
[1] Section 9 Variations in charges
Omit section 9 (2). Insert instead:
(2) Before such a regulation is made, the Minister must cause
notice to be published in the Gazette of the maximum
registration charges that may be imposed for the time being,
as calculated:
(a) in accordance with such procedures (if any) as are for
the time being approved, and
(b) subject to such parameters (if any) as are for the time
being set,
by the Australian Transport Council or the National Transport
Commission under the Agreement referred to in section 4 of
the Commonwealth Act.
[2] Section 9 (5)
Omit the subsection. Insert instead
(5) In this section:
Australian Transport Council has the same meaning as it has
in the Commonwealth Act.
National Transport Commission means the Commission of
that name established by the Commonwealth Act.
the Commonwealth Act means the National Transport
Commission Act 2003 of the Commonwealth.
Explanatory note
The proposed amendments are consequential on the repeal of the National Road
Transport Commission Act 1991 of the Commonwealth and its replacement by the
National Transport Commission Act 2003 of that jurisdiction.
1.31 Road Transport (Mass, Loading and Access)
Regulation 1996
[1] Clause 27 Issuing a Class 3 notice or permit
Omit "National Road Transport Commission" from clause 27 (6).
Insert instead "National Transport Commission".
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Minor amendments Schedule 1
[2] Dictionary
Omit "National Road Transport Commission's Heavy Vehicle
Accreditation Scheme" from the definition of Mass Management
Accreditation Scheme.
Insert instead "National Heavy Vehicle Accreditation Scheme".
[3] Dictionary, definition of "Ministerial Council"
Omit the definition.
[4] Dictionary, definition of "National Road Transport Commission"
Omit the definition. Insert instead:
National Transport Commission means the National
Transport Commission established under the National
Transport Commission Act 2003 of the Commonwealth.
Explanatory note
Items [1] and [4] of the proposed amendments are consequential on the repeal of the
National Road Transport Commission Act 1991 of the Commonwealth and its
replacement by the National Transport Commission Act 2003 of that jurisdiction.
Item [2] of the proposed amendments updates a reference to a national scheme.
Item [3] of the proposed amendments omits a definition of a term that is no longer used
in the Regulation.
1.32 Road Transport (Safety and Traffic Management) Act 1999
No 20
[1] Section 3 Objects of Act
Insert after section 3 (a):
Note. The Agreements concerned were the Heavy Vehicle Agreement
and the Light Vehicle Agreement. The Commonwealth Act referred to
has been repealed and replaced by the National Transport Commission
Act 2003. That Act does not have any Agreements scheduled to it but
does make provision for an Agreement "entered into in relation to [that]
Act". That Agreement is the Inter-Governmental Agreement for
Regulatory and Operational Reform in Road, Rail and Intermodal
Transport.
[2] Section 32 Evidence of alcohol concentration revealed by breath
or blood analysis in proceedings for offence under section 9
Omit "under Division 4" from section 32 (1) (b).
Insert instead "under this Part".
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[3] Section 33 Certificate evidence about breath or blood analysis in
proceedings for offences under section 9
Omit "under this section" from section 33 (6) (a).
Insert instead "under this Part".
[4] Section 71 Regulations
Omit "National Road Transport Commission" from section 71 (3) (a), (4),
(5) (d) and (6) wherever occurring (including where occurring in the
heading to section 71 (6)).
Insert instead "National Transport Commission".
[5] Section 72A
Insert after section 72:
72A Rules
(1) The Governor may make rules, not inconsistent with this Act,
for or with respect to any matter for or with respect to which
the Governor may make regulations under this Act.
(2) The rules may repeal or amend the regulations and the
regulations may repeal or amend the rules.
(3) A reference in this or any other Act or law to a matter
prescribed by the regulations under this Act (however
expressed) includes a reference to a matter prescribed by the
rules.
(4) The same legal rules and principles apply to the resolution of
an inconsistency between a rule and a regulation as apply to
the resolution of an inconsistency between regulations.
[6] Dictionary
Omit "section 3 of the National Road Transport Commission Act 1991"
from the definition of Australian Transport Council.
Insert instead "section 4 of the National Transport Commission Act 2003".
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Minor amendments Schedule 1
[7] Dictionary, definition of "National Road Transport Commission"
Omit the definition. Insert instead:
National Transport Commission means the National
Transport Commission established under the National
Transport Commission Act 2003 of the Commonwealth.
Explanatory note
Evidence arising from analysis of blood samples
Items [2] and [3] of the proposed amendments arise out of the repeal of the Traffic Act
1909 (the 1909 Act) and the re-enactment of many of its provisions in the Road
Transport (Safety and Traffic Management) Act 1999 (the current Act).
Section 9 of the current Act creates the offence of driving (or attempting to drive, or
supervising a learner driver) with a prescribed concentration of alcohol in the blood.
Section 32 (1) (b) of the current Act provides that, in proceedings for an offence under
section 9, evidence may be given of the concentration of alcohol present in the blood
of the person charged as determined by "an analysis of the person's blood under
Division 4". This reflects section 4G (8) of the 1909 Act, changing the reference to an
analysis "under this section" in that subsection to a reference to an analysis "under
Division 4" [of Part 2] of the current Act.
Section 33 (6) (a) of the current Act provides for the giving of certificate evidence in
such proceedings and refers to a certificate concerning "a sample of a specified
person's blood...submitted for analysis under this section". This reflects section 4G (11)
(a) of the 1909 Act, but omits to change the reference to an analysis "under this section"
in that subsection.
Under the current Act, blood is submitted and analysed under section 18 of Division 3
of Part 2 (following random breath testing), section 23 of Division 4 of that Part
(following a driving accident) or section 27 of Division 5 of that Part (following arrest for
failure to submit to, or to pass, a sobriety assessment).
Accordingly, items [2] and [3] of the proposed amendments replace the incorrect
references in section 32 (1) (b) and section 33 (6) (a) with references to Part 2.
Power to make rules
Item [5] of the proposed amendments enables the Governor to make rules instead of
regulations for the purposes of the Act. Rules made by the Governor are statutory rules
for the purposes of the Interpretation Act 1987 and are therefore disallowable. Such
rules are also subject to staged repeal under the Subordinate Legislation Act 1989
unless specifically excluded from repeal under that Act.
The amendment does not confer any power to make statutory rules under the Road
Transport (Safety and Traffic Management) Act 1999 in respect of additional
subject-matters.
Amendments consequential on certain repeal
Items [1], [4], [6] and [7] of the proposed amendments are consequential on the repeal
of the National Road Transport Commission Act 1991 of the Commonwealth and its
replacement by the National Transport Commission Act 2003 of that jurisdiction.
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1.33 Road Transport (Safety and Traffic Management) (Driver
Fatigue) Regulation 1999
[1] Clause 46 What is an approved DSMD
Omit the Note to the clause. Insert instead:
Note. Information about approved DSMDs can be obtained from the
National Transport Commission, Level 15/628 Bourke Street, Melbourne
Vic 3000 or through the National Transport Commission's web site (URL:
www.ntc.gov.au).
[2] Dictionary
Omit the Note to the definition of approved fatigue management training
course.
Insert instead:
Note. Information about approved fatigue management training courses
can be obtained from the National Transport Commission, Level 15/628
Bourke Street, Melbourne Vic 3000 or through the National Transport
Commission's web site (URL: www.ntc.gov.au).
Explanatory note
The proposed amendments are consequential on the repeal of the National Road
Transport Commission Act 1991 of the Commonwealth (which established the National
Road Transport Commission) and its replacement by the National Transport
Commission Act 2003 of that jurisdiction (which establishes the National Transport
Commission).
1.34 Road Transport (Vehicle Registration) Act 1997 No 119
Section 3 Objects of Act
Insert after section 3 (a):
Note. The Agreements concerned were the Heavy Vehicle Agreement
and the Light Vehicle Agreement. The Commonwealth Act referred to
has been repealed and replaced by the National Transport Commission
Act 2003 of the Commonwealth. That Act does not have any
Agreements scheduled to it but does make provision for an Agreement
"entered into in relation to [that] Act". That Agreement is the Inter-
Governmental Agreement for Regulatory and Operational Reform in
Road, Rail and Intermodal Transport.
Explanatory note
The proposed amendment is consequential on the repeal of the National Road
Transport Commission Act 1991 of the Commonwealth and its replacement by the
National Transport Commission Act 2003 of that jurisdiction.
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1.35 Road Transport (Vehicle Registration) Regulation 1998
[1] Schedule 4 Vehicle standards
Omit "apply" from clause 123 (2). Insert instead "applies".
[2] Schedule 4, clause 160
Omit the Note to the clause. Insert instead:
Note. The Roadworthiness Guidelines were published by the National
Road Transport Commission (subsequently replaced by the National
Transport Commission) and are available from Ausinfo Bookshops. The
Ministerial Council was the Ministerial Council for Road Transport which
was established by a national agreement called the Heavy Vehicles
Agreement. The Council's functions are now exercised by the Australian
Transport Council, which was established on 11 June 1993.
[3] Dictionary
Omit "National Road Transport Commission's" from the definition of
Maintenance Management Accreditation Scheme.
[4] Dictionary, definition of "Ministerial Council"
Omit the definition.
[5] Dictionary, definition of "Non-national Maintenance Scheme"
Insert "or the National Transport Commission" after "National Road
Transport Commission".
Explanatory note
Item [1] of the proposed amendments corrects a grammatical error.
Item [2] of the proposed amendments updates a Note relating to a body (the National
Road Transport Commission) established by a now-repealed Act of the
Commonwealth. The new Note also elucidates a reference to the "Ministerial Council".
Item [3] of the proposed amendments repeals a reference to the abolished body.
Item [4] of the proposed amendments repeals the outdated definition of Ministerial
Council.
Item [5] of the proposed amendments adds a reference to the body that has replaced
the National Road Transport Commission to a definition.
1.36 Royal Botanic Gardens and Domain Trust Act 1980 No 19
Section 22 Regulations
Omit "5 penalty units" from section 22 (4).
Insert instead "10 penalty units".
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Schedule 1 Minor amendments
Explanatory note
At present, section 22 (4) of the Royal Botanic Gardens and Domain Trust Act 1980
provides that the regulations made under that Act may impose a penalty "not exceeding
5 penalty units" for any breach of a regulation. A penalty unit currently equates to $110.
The proposed amendment will permit the regulations to impose a penalty of up to 10
penalty units. This is the same maximum penalty as may be imposed by regulations
under the Centennial Park and Moore Park Trust Act 1983 and the Parramatta Park
Trust Act 2001.
1.37 Rural Fires Act 1997 No 65
Section 100C Carrying out of bush fire hazard reduction work
Omit "Native Vegetation Conservation Act 1997" from section 100C (4).
Insert instead "Native Vegetation Act 2003".
Commencement
The amendment to the Rural Fires Act 1997 commences, or is taken to have
commenced, on the commencement of section 12 of the Native Vegetation Act 2003.
Explanatory note
The proposed amendment is consequential on the repeal of the Native Vegetation
Conservation Act 1997 and its replacement by the Native Vegetation Act 2003.
1.38 Rural Lands Protection Act 1998 No 143
[1] Sections 85 (1), 86 (1), 87 (1), 88 (1) and (3), 101 (3) (b), 129 and
133 (1) and (3)
Omit "Minister for Land and Water Conservation" wherever occurring.
Insert instead "Minister administering the Crown Lands Act 1989".
[2] Section 92 Relationship to other Acts
Omit "Native Vegetation Conservation Act 1997".
Insert instead "Native Vegetation Act 2003".
[3] Dictionary
Omit the definition of Minister for Crown Lands.
Commencement
Item [2] of the amendments to the Rural Lands Protection Act 1998 commences, or is
taken to have commenced, on the commencement of Part 3 of the Native Vegetation
Act 2003.
Explanatory note
Item [1] of the proposed amendments updates outdated references.
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Minor amendments Schedule 1
Item [2] of the proposed amendments is consequential on the repeal of the Native
Vegetation Conservation Act 1997 and its replacement by the Native Vegetation Act
2003.
Item [3] of the proposed amendments repeals a definition of a term that is no longer
used in the Rural Lands Protection Act 1998 or in the Regulations made under that Act.
1.39 Shops and Industries Act 1962 No 43
[1] Section 8 Variation, suspension or cancellation of approval
Insert ", at the request of the bank that holds the approval or on the
Director-General's own initiative," after "The Director-General may" in
section 8 (1).
[2] Section 8 (2) (b)
Insert at the end of the paragraph:
, or
(c) the bank has requested the suspension or cancellation.
[3] Section 8 (4)
Omit "the cancellation of".
Insert instead "a variation of a condition of, or the suspension or
cancellation of,".
Explanatory note
Section 8 of the Shops and Industries Act 1962 (the Act) provides for the variation,
suspension or cancellation, by the Director-General (the Director-General) of the
Department of Industrial Relations (now the Department of Commerce), of approvals
for banks to open on weekends.
Section 8 (3) prohibits the Director-General from varying the conditions of, or
suspending or cancelling, such an approval unless the Director-General has:
(a) given the bank concerned both written reasons for the Director-General's
intention to vary, suspend or cancel and an opportunity to make submissions in
respect of that intention, and
(b) considered any submissions duly made by the bank.
Section 8 (4) provides that section 8 (3) does not apply to the cancellation of an
approval at the request of the bank that holds the approval.
Although section 8 (4) necessarily implies that a bank holding an approval may request
the cancellation of the approval, the Act does not make this explicit.
Item [1] of the proposed amendments explicitly provides that a bank holding an
approval to open at the weekend may request the cancellation (or suspension) of the
approval, or the variation of a condition of the approval. Item [3] of the proposed
amendments extends the operation of section 8 (4) to cover a bank-initiated request for
the suspension of, or variation of a condition of, its approval.
It might be noted that an approval for a bank to open on weekends does not oblige the
bank to do so.
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Schedule 1 Minor amendments
1.40 Subordinate Legislation Act 1989 No 146
[1] Section 10 Staged repeal of statutory rules
Omit section 10 (3). Insert instead:
(3) Despite the other provisions of this Part, the Seeds
Regulation 1994 remains in force until 1 September 2005,
unless sooner repealed.
[2] Schedule 3 Matters not requiring regulatory impact statements
Omit item 4A. Insert instead:
4A Matters involving the substantial implementation of Agreed
Reforms, within the meaning of the Inter-Governmental
Agreement for Regulatory and Operational Reform in Road,
Rail and Intermodal Transport entered into by the
Commonwealth and each of the States and Territories (which
came into effect on 15 January 2004), being Reforms that
have been progressed in accordance with clause 11 of that
Agreement.
Explanatory note
Staged repeal of statutory rules
The Subordinate Legislation Act 1989 (the Act) provides for the automatic repeal of
statutory rules. The repeal takes effect on the fifth anniversary of the date on which the
statutory rule was published (in the case of a statutory rule published on 1 September
in any year) or on the 1 September following the fifth anniversary of the date on which
it was published (in any other case)--see section 10 (2) of the Act. Unless it is intended
to allow the statutory rule to lapse, a statutory rule that is due for repeal under the Act
is usually remade in advance of the repeal date.
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of
the Governor, for a period of one year. However, the repeal of a particular statutory rule
cannot be postponed on more than five occasions.
The repeal of the Seeds Regulation 1994 (the Regulation) has been postponed on five
occasions, and the Regulation is now due to be repealed on 1 September 2004.
However, it is intended to repeal the Seeds Act 1982 (under which the Regulation is
made). In view of this, there seems little point in remaking the Regulation. On the other
hand, it is desirable to keep the regulatory scheme of the Regulation in place until such
time as replacement provisions come into force under other legislation.
Accordingly, item [1] of the proposed amendments has the effect of keeping the
Regulation in force for a further period of one year after the date on which it would
otherwise be repealed by the Act, unless the Regulation is sooner repealed by other
legislation (such as the repeal of the Seeds Act 1982).
The current section 10 (3) of the Act, which the proposed amendment repeals, is a
spent provision that had the effect of keeping certain regulations concerning
occupational health and safety in force until 1 April 2001.
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Exemptions from requirement for regulatory impact statements
Schedule 3 to the Act specifies matters that do not require the preparation of a
regulatory impact statement under section 5 of the Act. Item [2] of the proposed
amendments repeals an item of that Schedule referring to the implementation of the
Agreements scheduled in the now-repealed National Road Transport Commission Act
1991 of the Commonwealth. (The Agreements themselves have been independently
terminated by clause 21 of the Inter-Governmental Agreement for Regulatory and
Operational Reform in Road, Rail and Intermodal Transport.) The provision is re-
enacted so as to refer, instead, to the "Agreed Reforms" within the meaning of a new
Agreement that provides generally for assessment of Proposed Reforms before they
become Agreed Reforms.
1.41 Sydney Water Catchment Management Act 1998 No 171
[1] Section 7 Board
Insert after section 7 (2) (a):
(a1) the Chief Executive, and
[2] Schedule 1 Constitution and procedure of Board
Insert "or the Chief Executive" after "Managing Director" in the definition
of appointed member in clause 1.
[3] Schedule 1, clause 12 (2)
Omit the subclause. Insert instead:
(2) The Chief Executive (if present) is to preside at a meeting of
the Board in the absence of the Chairperson. If both the
Chairperson and the Chief Executive are absent, the
Managing Director (if present) is to preside.
Explanatory note
Board of Sydney Catchment Authority
Section 7 of the Sydney Water Catchment Management Act 1998 (the Act) provides
for a Board of the Sydney Catchment Authority (the Authority) constituted by the Act.
The Board consists of the Managing Director of the Authority and at least 4 but no more
than 8 members appointed by the Minister (two of whom are nominees of specified
organisations and one of whom is an elected councillor of a local government area
within the catchment area).
Item [1] of the proposed amendments adds the Chief Executive of the Authority to the
Board.
Item [2] of the proposed amendments makes a consequential amendment.
Presiding member at Board meetings
Clause 12 (1) of Schedule 1 to the Act provides that the Chairperson of the Board is to
preside at a meeting of the Board. If the Chairperson is absent from the meeting, the
members of the Board who are present at the meeting are, "subject to subclause (2)",
to elect one of their number to preside. Clause 12 (2) provides that the Managing
Director, if present, is to preside in the absence of the Chairperson.
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Item [3] of the proposed amendments repeals and re-enacts clause 12 (2) so as to
provide for the Chief Executive of the Authority (rather than the Managing Director), if
present, to preside in the absence of the Chairperson. If both the Chairperson and the
Chief Executive are absent, the Managing Director is to preside (if present).
1.42 Transport Administration Act 1988 No 109
[1] Section 42L Disclosure of information by ITSRR
Omit "Rail Safety Act 2003" from section 42L (6).
Insert instead "Rail Safety Act 2002".
[2] Section 53 Miscellaneous functions of RTA
Insert at the end of section 53 (1) (c):
, and
(d) perform, in accordance with the Interstate Road
Transport Act 1985 of the Commonwealth, the
functions of a Regulatory Authority under that Act.
[3] Section 119 Regulations
Insert after section 119 (1):
(1A) Without limiting subclause (1), the regulations may prescribe
fees in respect of the performance by the Roads and Traffic
Authority of the functions of a Regulatory Authority under
the Interstate Road Transport Act 1985 of the
Commonwealth.
[4] Schedule 6 Transfer of certain staff
Omit "former Railcorp staff" from clause 1.
Insert instead "former RailCorp staff".
Explanatory note
Functions of Roads and Traffic Authority
Section 6 of the Interstate Road Transport Act 1985 of the Commonwealth (the Cth
Act) provides for the Governor-General to make an arrangement with the Governor of
a State "for and in relation to designating an authority or officer of the State as the
authority or officer who is to perform the functions of" a Registration Authority or a
Licensing Authority (collectively, a Regulatory Authority) under that Act and the
regulations.
The Cth Act prescribes various fees--for example, the fee to accompany an application
for registration of a motor vehicle. Section 3 (10) of the Cth Act provides that a
reference in that Act to a prescribed fee is a reference to "in the case where the fee
relates to the performance of a function of a Regulatory Authority in respect of a State,
not being the Minister--the fee (if any) payable under a law of the State in respect of
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Statute Law (Miscellaneous Provisions) Bill 2004
Minor amendments Schedule 1
the performance of that function, not being a fee that exceeds the maximum fee
specified in the regulations made under this Act in respect of the performance of that
function".
The Roads and Traffic Authority (the RTA) has been nominated as a Regulatory
Authority in an agreement under section 6 of the Cth Act. Accordingly:
(a) item [2] of the proposed amendments formally confers on the RTA the power
under New South Wales law to perform the functions of a Regulatory Authority
in accordance with the Cth Act, and
(b) item [3] enables the regulations to prescribe fees payable in respect of the
performance of that function, as contemplated by the Cth Act.
Statute law revision
Item [1] of the proposed amendments corrects an incorrect citation of an Act.
Item [4] of the proposed amendments corrects a typographical error.
1.43 Valuation of Land Act 1916 No 2
Section 37 Right of appeal
Omit section 37 (1). Insert instead:
(1) Any person entitled under Part 3 to object to a valuation may
appeal to the Land and Environment Court if the person is
dissatisfied with the Valuer-General's determination of any
such objection to the valuation concerned (whether or not the
person was the objector).
Explanatory note
Part 3 (Notices and objections) of the Valuation of Land Act 1916 (the Act) provides
for the making of objections to determinations of land values under the Act. Notices of
valuation are required to be given to owners of land, such lessees who are liable to pay
any rate or tax in respect of the land, and mortgagees in possession. Each person who
is given such a notice, and any public taxing or rating authority, is entitled to object to
the valuation (see sections 29 and 31 of the Act).
Part 4 (Appeals to Land and Environment Court) provides a right of appeal against the
Valuer-General's determination of an objection. Under section 37 (1), "[an] owner of
land" may make such an appeal if dissatisfied with the Valuer-General's determination
of the owner's objection. Prior to the enactment of the Valuation of Land Amendment
Act 2000, that right was conferred on "an objector" and every person entitled under
section 29 to receive notice of a valuation, not merely on the owner.
The proposed amendment repeals and re-enacts section 37 (1) so as to reinstate the
right of appeal to all persons on whom it was previously conferred. The loss of that right
has ramifications for the Land Tax Management Act 1956 also, as that Act applies
Parts 3 and 4 of the Act in respect of various determinations of the Valuer-General
under that Act.
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1.44 Waste Avoidance and Resource Recovery Act 2001 No 58
[1] Schedule 4 Savings, transitional and other provisions
Omit "material" wherever occurring in clause 12 (2), (3) and (4).
Insert instead "materials".
[2] Schedule 4, clause 12 (3) (a)
Omit "1 July 2004". Insert instead "1 July 2006".
[3] Schedule 4, clause 12 (3A)
Insert after clause 12 (3):
(3A) Paragraph 5.1 of the used packaging materials IWRP is to be
construed as if it read as follows:
This Plan comes into force on the commencement date and
will continue in force until 1 July 2006, or until a date
appointed by proclamation for the purposes of clause 12 of
Schedule 4 to the Waste Avoidance and Resource Recovery
Act 2001, whichever occurs first.
[4] Schedule 4, clause 12 (4)
Omit "subclause (3)". Insert instead "subclauses (3) and (3A)".
Commencement
The amendments to the Waste Avoidance and Resource Recovery Act 2001
commence, or are taken to have commenced, on 1 July 2004.
Explanatory note
The Used Packaging Materials Industry Waste Reduction Plan (the IWRP) was made
under Part 4 of the Waste Minimisation and Management Act 1995 (the former Act).
On the repeal of the former Act by the Waste Avoidance and Resource Recovery Act
2001, clause 12 (3) of Schedule 4 (Savings, transitional and other provisions) to the
latter Act provided that the IWRP continues to have effect until 1 July 2004 or a date
appointed by proclamation for the purposes of clause 12 (whichever first occurs).
Clause 12 (4) provides that the relevant provisions of the former Act (and related
provisions of the Protection of the Environment Operations Act 1997) continue to have
effect, despite their repeal, with respect to the IWRP while it continues to have effect
under clause 12 (3).
Item [2] of the proposed amendments extends the life of the IWRP until 1 July 2006
(unless it is sooner terminated by proclamation), and item [3] ensures that the IWRP
itself is to be construed in the same way. Item [4] makes a consequential amendment.
Item [1] of the proposed amendments corrects incorrect citations of the abbreviated
form of the IWRP.
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1.45 Western Lands Act 1901 No 70
Schedule 2 Applicable provisions of the Crown Lands Act 1989
Insert at the end of the provision numbered as 50A in Part 4:
(2) Despite subsection (1), the consent of the lessee is not
required in respect of a licence to remove gravel, sand or any
other material that is not a mineral within the meaning of the
Mining Act 1992.
Explanatory note
Schedule 2 (previously Schedule B) to the Western Lands Act 1901 (the WL Act)
applies certain provisions of the Crown Lands Act 1989 (the CL Act) to and in respect
of land in the Western Division of the State. One of those provisions is section 49 (3)
of the CL Act, which provides for the granting of licences for the removal of certain
extractive material (such as gravel and sand) from land.
The Western Lands Amendment Act 2002 introduced a deemed section 50A in the CL
Act for the purposes of the WL Act. That section is to the effect that the Minister may
grant a licence for any purpose over land the subject of a lease granted under the WL
Act, but only with the consent of the lessee. However, Schedule 2 continues to apply
section 49 (3) for the purposes of the WL Act.
An unintended consequence of the introduction of section 50A is that the consent of
the lessee is now required in relation to a licence to remove extractive material from the
land, when that consent had not previously been required. To overcome this
unintended consequence, the proposed amendment makes it clear that the lessee's
consent is not required in the case of a licence to remove that material.
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Statute Law (Miscellaneous Provisions) Bill 2004
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Schedule 2 Amendments by way of statute law
revision
(Section 3)
2.1 Apiaries Act 1985 No 16
Section 38 General powers of inspection
Renumber paragraphs (a), (b) and (c) where secondly occurring in
section 38 (9) as paragraphs (d), (e) and (f), respectively.
Explanatory note
The proposed amendment corrects duplicate paragraph numbering.
2.2 Children's Services Regulation 2004
Clause 76 Information and access to be denied to certain persons
Insert "and" at the end of clause 76 (1) (b).
Explanatory note
The proposed amendment inserts a missing conjunction.
2.3 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
Schedule 1 Divisions of the Tribunal
Omit "section 42A of the Property, Stock and Business Agents Act 1941"
from clause 1 (a) (i) and (b) wherever occurring.
Insert instead "section 36 of the Property, Stock and Business Agents
Act 2002".
Explanatory note
The proposed amendment updates a cross-reference.
2.4 Contaminated Land Management Act 1997 No 140
[1] Section 58 EPA's record of current declarations and orders
Omit "section 52" from section 58 (1) (c). Insert instead "section 53B".
[2] Section 59 Local authorities to be informed
Omit "Section 52" from the Note to section 59 (1).
Insert instead "Section 53B".
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[3] Section 59 (1), Note
Omit "site audits for the purposes of statutory requirements".
Insert instead "statutory site audits".
Commencement
The amendments to the Contaminated Land Management Act 1997 are taken to have
commenced on 1 February 2004.
Explanatory note
The proposed amendments are consequential on amendments made by the
Contaminated Land Management Amendment Act 2003 and are taken to have
commenced on the commencement of that Act (1 February 2004).
2.5 Contractors Debts Act 1997 No 110
Section 14 Attachment order
Omit "a money" from section 14 (1). Insert instead "money".
Explanatory note
The proposed amendment omits an unnecessary word.
2.6 Conveyancing (General) Regulation 2003
Clause 51 Easements in gross
Renumber clause 51 (1) (n) and (o) where firstly occurring as
clause 51 (1) (m1) and (m2) respectively.
Explanatory note
The proposed amendment corrects duplicate paragraph numbering.
2.7 Crimes Act 1900 No 40
Section 431A Life sentences
Insert "section" before "61JA" in section 431A (2).
Explanatory note
The proposed amendment inserts a missing word.
2.8 Crimes (Administration of Sentences) Act 1999 No 93
Section 236E Definitions
Omit "In this Part". Insert instead "In this Division".
Commencement
The amendment to the Crimes (Administration of Sentences) Act 1999 commences, or
is taken to have commenced, on the commencement of section 236E of that Act as
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Schedule 2 Amendments by way of statute law revision
inserted by Schedule 1 [14] to the Crimes (Administration of Sentences) Further
Amendment Act 2002.
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
2.9 Duties Act 1997 No 123
[1] Sections 101 (2) and 298 (1)
Omit "a form approved by the Chief Commissioner" wherever occurring.
Insert instead "an approved form".
[2] Schedule 1 Savings, transitional and other provisions
Omit "State Revenue Legislation Further Amendment Act (No 2) 2001"
from clause 24.
Insert instead "State Revenue Legislation Further Amendment (No 2)
Act 2001".
Explanatory note
Item [1] of the proposed amendments updates terminology.
Item [2] of the proposed amendments corrects an incorrect citation of an Act.
2.10 Environmentally Hazardous Chemicals Act 1985 No 14
Schedule 1 Provisions relating to the Committee
Omit "officer of the Board of Fire Commissioners for the time being
nominated by the Minister for Police and Emergency Services" from
clause 2 (g).
Insert instead "officer of New South Wales Fire Brigades for the time
being nominated by the Minister administering the Fire Brigades
Act 1989".
Explanatory note
The proposed amendment updates a reference to the dissolved Board of Fire
Commissioners and a reference to a portfolio.
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Statute Law (Miscellaneous Provisions) Bill 2004
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2.11 Eurobodalla Urban Local Environmental Plan 1999
Clause 73 What special controls apply to development on
archaeological sites that have Aboriginal or non-Aboriginal
heritage significance?
Omit "Heritage Act 1997" from clause 73 (2) (c).
Insert instead "Heritage Act 1977".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
2.12 Evidence (Audio and Audio Visual Links) Act 1998 No 105
Section 5B Taking evidence and submissions from outside
courtroom or place where court is sitting--proceedings generally
Omit "make direction" from section 5B (2A).
Insert instead "make a direction".
Explanatory note
The proposed amendment inserts a missing word.
2.13 Financial Transaction Reports Act 1992 No 99
Sections 6 (2) (b) and 7 (1) (b) and (7) (b)
Omit "Drug Trafficking (Civil Proceedings) Act 1990" wherever
occurring.
Insert instead "Criminal Assets Recovery Act 1990".
Explanatory note
The proposed amendments updates references to a renamed Act.
2.14 Food Production (Dairy Food Safety Scheme)
Regulation 1999
Schedule 1 Dairy Food Safety Scheme
Omit "Safe Food's" from clause 45H (1) (e) (ii).
Insert instead "the Food Authority's".
Explanatory note
The proposed amendment updates terminology.
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Schedule 2 Amendments by way of statute law revision
2.15 Food Production (Meat Food Safety Scheme)
Regulation 2000
[1] Clause 9 Renewal of licence
Omit "Safe Food's" from clause 9 (3) (b) (ii).
Insert instead "Food Authority's".
[2] Clause 13 Suspension or cancellation of licence
Omit "Safe Food's" from clause 13 (1) (e) (ii).
Insert instead "the Food Authority's".
Explanatory note
The proposed amendments update terminology.
2.16 Greater Taree Local Environmental Plan 1995
Clause 16 Subdivision and development within Zone No 1 (c1) or
1 (c2)
Renumber clause 16 (7) where secondly occurring as clause 16 (7A).
Explanatory note
The proposed amendment corrects duplicate subclause numbering.
2.17 Home Building Act 1989 No 147
[1] Section 3 Definitions
Omit the definitions of contractor contractor licence, contractor licence
and endorsed contractor contractor licence from section 3 (1).
[2] Section 3 (1)
Insert in alphabetical order:
contractor licence means a contractor licence referred to in
section 4, 5 or 16A.
endorsed contractor licence means a contractor licence
endorsed under this Act to show that it is the equivalent of a
supervisor certificate.
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[3] Sections 3 (1) (definitions of "nominated supervisor" and
"plumbing work"), 13 (1), 14 (1) (a), 15, 16, 24 (2), 28, 33 (a), 37,
53 (1) and (2), 83A (a) and 131 (b)
Omit "endorsed contractor contractor licence" wherever occurring.
Insert instead "endorsed contractor licence".
[4] Section 18K Form of contracts
Omit "business consultancy" from section 18K (6).
Insert instead "building consultancy".
Explanatory note
Items [1]-[3] of the proposed amendments:
(a) repeal and replace with a single definition two definitions that purport to define
the same term ("contractor licence") for the purposes of the Home Building Act
1989, and
(b) repeal and replace another definition containing duplicated words, and
(c) omit duplicated wording in respect of the latter definition elsewhere in the Home
Building Act 1989.
Item [4] of the proposed amendments corrects a typographical error.
2.18 Lake Macquarie Local Environmental Plan 2004
Dictionary
Omit "Crimes Act 1990" from paragraph (b) of the definition of restricted
premises.
Insert instead "Crimes Act 1900".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
2.19 Local Courts (Civil Claims) Act 1970 No 11
Schedule 2 Savings and transitional provisions
Renumber clause 1 where secondly, thirdly, fourthly, fifthly, sixthly and
seventhly occurring in Parts 5-10 as clauses 3-8 respectively.
Explanatory note
The proposed amendment corrects duplicated clause numbering.
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Statute Law (Miscellaneous Provisions) Bill 2004
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2.20 Local Government Act 1993 No 30
Chapter 14 Honesty and disclosure of interests
Omit the bullet point and matter relating to periodic returns in the table
following section 448 and headed "Disclosure of Interests".
Explanatory note
The proposed amendment omits matter relating to a repealed Schedule.
2.21 Lotteries and Art Unions Regulation 2002
Clause 112M Definitions
Omit "In this part" from clause 112M (1). Insert instead "In this Part".
Explanatory note
The proposed amendment corrects a typographical error.
2.22 Mental Health Act 1990 No 9
Section 84 Release of persons after review
Omit "Minister for Police and Emergency Services" from section 84 (3).
Insert instead "Minister for Police".
Explanatory note
The proposed amendment updates a reference to a renamed portfolio.
2.23 Mental Health (Criminal Procedure) Act 1990 No 10
Sections 18 (b) and 29 (3)
Omit "Minister for Police and Emergency Services" wherever occurring.
Insert instead "Minister for Police".
Explanatory note
The proposed amendment updates references to a renamed portfolio.
2.24 New South Wales Crime Commission Act 1985 No 117
[1] Section 6 Principal functions of the Commission
Omit "Drug Trafficking (Civil Proceedings) Act 1990" from
section 6 (1A).
Insert instead "Criminal Assets Recovery Act 1990".
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Statute Law (Miscellaneous Provisions) Bill 2004
Amendments by way of statute law revision Schedule 2
[2] Section 24 (1) (a) and Schedule 3, clause 3 (1)
Omit "Minister for Police and Emergency Services" wherever occurring.
Insert instead "Minister for Police".
[3] Schedule 3, clause 6
Omit the clause.
Explanatory note
Item [1] of the proposed amendments updates a reference to a renamed Act.
Item [2] of the proposed amendments updates references to a renamed portfolio.
Item [3] of the proposed amendments repeals a spent provision.
2.25 Occupational Health and Safety Regulation 2001
[1] Clause 287A Immediate suspension
Omit "assessor, or" from clause 287A (1) (b). Insert instead "assessor."
[2] Schedule 3 Savings and transitional provisions
Omit "creylic formaldehyde resin" from clause 2 (c).
Insert instead "cresylic formaldehyde resin".
Explanatory note
Item [1] of the proposed amendments omits a superfluous word.
Item [2] of the proposed amendments corrects a typographical error.
2.26 Passenger Transport Act 1990 No 39
Schedule 5 Transport safety employees--alcohol or other drugs
Insert "or 53C as the case requires" after "section 9C" in the definition of
transport safety work in clause 1.
Explanatory note
The proposed amendment inserts a missing cross-reference.
2.27 Passenger Transport (Ferry Services) Regulation 2000
[1] Clause 39 Penalty notice offences
Omit "Column 4" from section 39 (1) (b). Insert instead "Column 2".
[2] Schedule 1 Penalty notice offences
Omit "(Clauses 39 and 40)". Insert instead "(Clause 39)".
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 2 Amendments by way of statute law revision
[3] Schedule 1, Part 1
Renumber Column 4 as Column 2.
Explanatory note
Before the repeal of section 145B of the Justices Act 1902 (which authorised the
making of regulations prescribing short descriptions of offences), Columns 2 and 3 of
Schedule 1 to the Passenger Transport (Ferry Services) Regulation 2000 contained
short descriptions of offences under that Act and related processing codes. Columns 2
and 3 no longer appear in that Schedule.
Schedule 1 [16] to the Passenger Transport (Ferry Services) Amendment (Safety and
Reliability) Regulation 2003 omitted clause 40 from the Passenger Transport (Ferry
Services) Regulation 2000. Item [2] makes a consequential amendment.
Item [3] of the proposed amendments renumbers Column 4 in consequence of the
omission of Columns 2 and 3. Item [1] makes a consequential amendment.
2.28 Passenger Transport (Taxi-cab Services) Regulation 2001
Clause 52 Criteria to be met by applicants for authorisation to
operate taxi-cab networks
Omit "areas of operations" from clause 52 (7) (a) (ii).
Insert instead "areas of operation".
Explanatory note
The proposed amendment updates terminology.
2.29 Police Integrity Commission Act 1996 No 28
Sections 19 and 84
Omit "Drug Trafficking (Civil Proceedings) Act 1990" wherever
occurring (including where occurring in the heading to section 19 and in
the Note to section 84 (2)).
Insert instead "Criminal Assets Recovery Act 1990".
Explanatory note
The proposed amendment updates references to a renamed Act.
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Statute Law (Miscellaneous Provisions) Bill 2004
Amendments by way of statute law revision Schedule 2
2.30 Police Regulation (Superannuation) Act 1906 No 28
Section 2H Constitution of Committee
Omit "Minister for Police and Emergency Services" from
section 2H (3) (e).
Insert instead "Minister administering the Police Act 1990".
Explanatory note
The proposed amendment updates a reference to a renamed portfolio.
2.31 Public Authorities Superannuation Act 1985 No 41
Schedule 5 Repeal, savings and transitional provisions
Omit "this Act" from clause 11 (2). Insert instead "the Act concerned".
Explanatory note
The proposed amendment is consequential on an amendment made to clause 11 (1)
of Schedule 5 to the Public Authorities Superannuation Act 1985. That amendment
extended the power to make savings and transitional regulations in consequence of the
enactment of the Superannuation Legislation Amendment (Family Law) Act 2003.
2.32 Public Finance and Audit Regulation 2000
Clause 17 Definitions of "authority" and "officer of an authority"
Omit ", Resource NSW" from clause 17 (11).
Explanatory note
The proposed amendment is consequential on the dissolution of the statutory body
Resource NSW by clause 14 of Schedule 4 to the Waste Avoidance and Resource
Recovery Act 2001.
2.33 Public Sector Management (Goods and Services)
Regulation 2000
[1] Schedule 1 Provisions relating to members of Board
Omit "(Clause 10 (1))". Insert instead "(Clause 44 (1))".
[2] Schedule 2 Provisions relating to procedure of Board
Omit "(Clause 10 (2))". Insert instead "(Clause 44 (2))".
Explanatory note
Items [1] and [2] of the proposed amendments correct incorrect cross-references.
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 2 Amendments by way of statute law revision
2.34 State Environmental Planning Policy No 4--Development
Without Consent and Miscellaneous Exempt and Complying
Development
Clause 2 Definitions
Omit "Division 2 of Part 4" from clause 2 (4) (c) and (d) wherever
occurring.
Insert instead "Division 10 of Part 4".
Explanatory note
The proposed amendment corrects incorrect cross-references.
2.35 State Environmental Planning Policy No 29--Western
Sydney Recreation Area
Clause 3 Definitions
Omit "hyraulic" from paragraph (b) of the definition of public utility
undertaking.
Insert instead "hydraulic".
Explanatory note
The proposed amendment corrects a spelling error.
2.36 State Environmental Planning Policy No 72--Linear
Telecommunications Development--Broadband
Clause 12 Amendment of master plans
Omit "disatisfied" from clause 12 (5). Insert instead "dissatisfied".
Explanatory note
The proposed amendment corrects a spelling error.
2.37 Strata Schemes Management Act 1996 No 138
Schedule 2 Meetings and procedure of owners corporation
Omit "In this Part" from clause 30. Insert instead "In this Division".
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
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Statute Law (Miscellaneous Provisions) Bill 2004
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2.38 Strata Schemes Management Amendment Act 2004 No 9
Schedule 1 Amendment of Strata Schemes Management Act 1996
Omit "Property, Stock and Business Agent's Act 2002" from
Schedule 1 [59].
Insert instead "Property, Stock and Business Agents Act 2002".
Explanatory note
The proposed amendment corrects an incorrect citation of an Act.
2.39 Sydney Regional Environmental Plan No 28--Parramatta
[1] Clause 28 Special Areas
Omit "seperation" from clause 28 (2) (i) (xviii).
Insert instead "separation".
[2] Clause 69 Development within foreshore building line
Renumber clause 69 (6) (g) where secondly occurring as
section 69 (6) (g1).
Explanatory note
Item [1] of the proposed amendments corrects a spelling error.
Item [2] of the proposed amendments corrects duplicate paragraph numbering.
2.40 Sydney Water Regulation 2000
Clause 32 Investigation of suspected contraventions
Omit "subclause (2)" from clause 32 (2). Insert instead "subclause (1)".
Explanatory note
The proposed amendment corrects an incorrect cross-reference.
2.41 Totalizator Act 1997 No 45
Section 43A Additional conditions of TAB Limited licences
Insert "of the Totalizator Agency Board Privatisation Act 1997" after
"section 37A (6)" in the definition of nominated in section 43A (4).
Commencement
The amendment to section 43A of the Totalizator Act 1997 commences, or is taken to
have commenced, on the commencement of section 43A of that Act as inserted by
Schedule 2 [6] to the Totalizator Legislation Amendment Act 2003.
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 2 Amendments by way of statute law revision
Explanatory note
The proposed amendment completes an incomplete cross-reference.
2.42 Transport Administration (General) Regulation 2000
[1] Clause 3 Definitions
Omit "Chief Executive of the RailCorp" from paragraph (c) of the
definition of traffic control officer.
Insert instead "Chief Executive of RailCorp".
[2] Clause 16 Penalty notice offences
Omit "Column 4" from clause 16 (1) (b). Insert instead "Column 2".
[3] Schedule 1 Penalty notice offences
Omit "(Clauses 16 and 17)". Insert instead "(Clause 16)".
[4] Schedule 1, Parts 1 and 2
Renumber Column 4 as Column 2 wherever occurring.
Explanatory note
Item [1] of the proposed amendments omits a superfluous word.
Before the repeal of section 145B of the Justices Act 1902 (which authorised the
making of regulations prescribing short descriptions of offences), Columns 2 and 3 of
Schedule 1 to the Transport Administration (General) Regulation 2000 contained short
descriptions of offences under that Act and related processing codes. Columns 2 and
3 no longer appear in that Schedule.
Schedule 1 [10] to the Transport Administration (General) Amendment (RailCorp)
Regulation 2003 omitted clause 17 from the Transport Administration (General)
Regulation 2000. Item [3] makes a consequential amendment.
Item [4] renumbers Column 4 in consequence of the omission of Columns 2 and 3. Item
[2] makes a consequential amendment.
2.43 Veterinary Practice Act 2003 No 87
Section 51 Tribunal's powers when complaint proved
Omit "25,000" from section 51 (1) (d). Insert instead "$25,000".
Explanatory note
The proposed amendment inserts a missing dollar sign in a provision specifying the
maximum amount of a particular fine.
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Statute Law (Miscellaneous Provisions) Bill 2004
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2.44 Victims Support and Rehabilitation Act 1996 No 115
Section 68 Payments into Compensation Fund
Omit "Drug Trafficking (Civil Proceedings) Act 1990" from
section 68 (b).
Insert instead "Criminal Assets Recovery Act 1990".
Explanatory note
The proposed amendment updates a reference to a renamed Act.
2.45 Witness Protection Act 1995 No 87
Section 3 Definitions
Insert at the end of the section:
(2) Notes in the text of this Act do not form part of this Act.
Explanatory note
The proposed amendment inserts a standard provision in the Witness Protection Act
1995 to clarify the status of Notes in that Act.
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Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 3 Repeals
Schedule 3 Repeals
(Section 4)
Name of Act Extent of repeal
ocal Government (Areas) Act 1948 No 30 Divisions 3, 5, 6, 8, 10, 11
and 13 of Part 3 and
sections 27 (1) and 32 (2)2
New South Wales Retirement Benefits Act 1972 No 70 Section 512
Coal Acquisition Act 1981 No 109 Section 5A2
Marketing of Primary Products Act 1983 No 176 Section 1652
Public Authorities Superannuation Act 1985 No 41 Clause 3A of Schedule 72
Gas Industry Restructuring Act 1986 No 213 Section 722
Workers Compensation Act 1987 No 70 Part 7A2
egal Profession Act 1987 No 109 Section 36 (6) and
Schedule 2A2
Federation of New South Wales Police-Citizens Youth Clubs Whole Act2
(Reconstitution) Act 1989 No 163
Part 20 of Schedule 82
ocal Government Act 1993 No 30
Fisheries Management Act 1994 No 38 Section 221K2
Energy Services Corporations Act 1995 No 95 Clause 14 of Schedule 52
Gas Supply Act 1996 No 38 Clauses 5 and 7 of
Schedule 22
Superannuation Administration Act 1996 No 39 Clause 25 of Schedule 32
Fines Act 1996 No 99 Clause 5A of Schedule 32
Page 64
Statute Law (Miscellaneous Provisions) Bill 2004
Repeals Schedule 3
Name of Act Extent of repeal
Accommodation Levy Act 1997 No 32 Whole Act2
Irrigation Corporations Amendment Act 1998 No 125 Whole Act1
Consumer Claims Act 1998 No 162 Clauses 3, 4, 5, 5A and 6
of Schedule 12
Intergovernmental Agreement Implementation (GST) Sections 6 and 72
Act 2000 No 44
AGL Corporate Conversion Act 2002 No 16 Section 292
Whole Act1
Police Service Amendment (NSW Police) Act 2002 No 51
Road Transport Legislation Amendment (Interlock Devices) Whole Act1
Act 2002 No 72
egislation Review Amendment Act 2002 No 77 Whole Act1
Guardianship Amendment (Enduring Guardians) Act 2002 Whole Act1
No 89
Rail Safety Act 2002 No 96 Clause 6 of Schedule 52
State Revenue Legislation Amendment Act 2002 No 108 Whole Act1
Summary Offences Amendment (Spray Paint Cans) Act 2002 Whole Act1
No 118
Driving Instructors Amendment Act 2002 No 127 Whole Act1
Defamation Amendment Act 2002 No 136 Whole Act1
Crimes Legislation Amendment (Property Identification) Whole Act1
Act 2003 No 5
Rural Lands Protection Amendment Act 2003 No 6 Whole Act1
Page 65
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 3 Repeals
Name of Act Extent of repeal
City of Sydney Amendment (Electoral Rolls) Act 2003 No 7 Whole Act1
ocal Government Amendment (National Competition Policy Whole Act1
Review) Act 2003 No 8
Victims Legislation Amendment Act 2003 No 10 Whole Act1
Gaming Machines Amendment (Shutdown Periods) Act 2003 Whole Act1
No 16
otteries and Art Unions Amendment Act 2003 No 19 Whole Act1
Bail Amendment Act 2003 No 22 Whole Act1
Crimes Legislation Amendment (Parole) Act 2003 No 25 Whole Act1
Commission for Children and Young People Amendment Whole Act1
(Child Death Review Team) Act 2003 No 26
Whole Act1
Crimes Legislation Amendment Act 2003 No 27
ocal Government Amendment (Employment Protection) Whole Act1
Act 2003 No 30
State Revenue Legislation Amendment Act 2003 No 34 Whole Act1
Firearms Amendment (Prohibited Pistols) Act 2003 No 36 Whole Act1
Whole Act1
National Parks and Wildlife Amendment
(Telecommunications Facilities) Act 2003 No 37
Valuation of Land Amendment (Valuer-General) Act 2003 Whole Act1
No 41
Criminal Procedure Amendment (Sexual Offence Evidence) Whole Act1
Act 2003 No 42
Whole Act1
Drug Summit Legislative Response Amendment (Trial Period
Extension) Act 2003 No 47
Page 66
Statute Law (Miscellaneous Provisions) Bill 2004
Repeals Schedule 3
Name of Act Extent of repeal
Industrial Relations Amendment (Adoption Leave) Act 2003 Whole Act1
No 48
Community Relations Commission and Principles of Whole Act1
Multiculturalism Amendment Act 2003 No 50
Education Amendment (Computing Skills) Act 2003 No 51 Whole Act1
Whole Act1
Health Legislation Amendment Act 2003 No 52
Prevention of Cruelty to Animals Amendment (Penalties) Whole Act1
Act 2003 No 54
Sydney Water Amendment (Water Restrictions) Act 2003 Whole Act1
No 55
ocal Government Amendment (Cudgegong (Abattoir) Whole Act1
County Council Dissolution) Act 2003 No 56
Whole Act1
Evidence Legislation Amendment (Accused Child Detainees)
Act 2003 No 57
Gaming Machines Amendment (Miscellaneous) Act 2003 Whole Act1
No 58
Police Association Employees (Superannuation) Amendment Whole Act1
Act 2003 No 59
Whole Act1
Environmental Planning and Assessment Amendment
(Development Consents) Act 2003 No 60
Industrial Relations Amendment (Public Vehicles and Whole Act1
Carriers) Act 2003 No 63
Transport Legislation Amendment (Safety and Reliability) Act Whole Act1
2003 No 65
Whole Act1
Coptic Orthodox Church (NSW) Property Trust Amendment
Act 2003 No 67
Page 67
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 3 Repeals
Name of Act Extent of repeal
Motor Accidents Compensation Amendment (Terrorism) Act Whole Act1
2003 No 68
Sydney Water Catchment Management Amendment Act 2003 Whole Act1
No 70
Courts Legislation Amendment Act 2003 No 71 Whole Act1
Whole Act1
Coroners Amendment Act 2003 No 72
Independent Commission Against Corruption Amendment Whole Act1
(Ethics Committee) Act 2003 No 73
Police Legislation Amendment (Civil Liability) Act 2003 Whole Act1
No 74
Evidence (Audio and Audio Visual Links) Amendment Whole Act1
Act 2003 No 76
Whole Act1
City Tattersall's Club Amendment Act 2003 No 78
Duties Amendment (Land Rich) Act 2003 No 79 Whole Act1
State Revenue Legislation Further Amendment Act 2003 Whole Act1
No 80
Occupational Health and Safety Amendment (Prosecutions) Whole Act1
Act 2003 No 83
Marketing of Primary Products Amendment (Rice Marketing) Whole Act1
Act 2003 No 86
Contaminated Land Management Amendment Act 2003 Whole Act1
No 91
Firearms and Crimes Legislation Amendment (Public Safety) Whole Act1
Act 2003 No 92
Environmental Planning and Assessment Amendment Whole Act3
(Quality of Construction) Act 2003 No 95
Page 68
Statute Law (Miscellaneous Provisions) Bill 2004
Repeals Schedule 3
Name of Act Extent of repeal
Workers Compensation Legislation Amendment (Trainees) Whole Act1
Act 2003 No 97
Public Finance and Audit (SOCOG and State Brickworks) Whole Regulation1
Regulation 2004
Key
1 indicates repeal of an Act or statutory rule that contains only
amendments or amendments and repeals
2 indicates repeal of an Act or provision that is spent or no longer of
practical utility or that has expired or ceased to have effect
3 indicates repeal of an Act or provisions that include one or more
uncommenced provisions that are not to be commenced
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.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an Act or statutory rule
is amended or repealed, no amendment made by the Act or statutory rule 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 or
statutory rule,
(c) any amendment or validation made by the Act or statutory rule,
(d) the operation of any savings or transitional provision contained in the Act or
statutory rule.
Page 69
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 4 General savings, transitional and other provisions
Schedule 4 General savings, transitional and other
provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 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 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 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 an instrument, or
(b) repeals and re-enacts (with or without modification) a
provision of an Act or an instrument,
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.
Page 70
Statute Law (Miscellaneous Provisions) Bill 2004
General savings, transitional and other provisions Schedule 4
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless
expressly provided, vitiate any act done or decision made under the provision as in
force before the amendment or repeal.
3 Application of Interpretation Act 1987 to amendments to statutory
rules
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply
to any amendments to statutory rules made by this Act.
Explanatory note
This clause makes it clear that certain provisions concerning the making, tabling and
disallowance of statutory rules do not apply to amendments to statutory rules made by
the proposed Act.
4 Effect of amendment on regulations
Except where expressly provided to the contrary, any regulation
made under an Act amended by this Act, that is 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.
5 Effect of amendment on environmental planning instruments
The amendment of an environmental planning instrument by this
Act does not prevent its later amendment or repeal by another
environmental planning instrument.
Explanatory note
This clause ensures that the amendment of a local environmental plan or other
environmental planning instrument does not prevent its amendment or repeal by an
environmental planning instrument.
6 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:
Page 71
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 4 General savings, transitional and other provisions
(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.
Page 72
Statute Law (Miscellaneous Provisions) Bill 2004
Notes Schedule 4
Notes
Index of Acts and instruments amended by Schedules 1 and 2
Anglican Clergy Provident Fund (Sydney) Act 1908--Schedule 1
Apiaries Act 1985 No 16--Schedule 2
Apprenticeship and Traineeship Act 2001 No 80--Schedule 1
Associations Incorporation Act 1984 No 143--Schedule 1
Building and Construction Industry Long Service Payments Act 1986 No 19--
Schedule 1
Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192--
Schedule 1
Children's Services Regulation 2004--Schedule 2
Consumer, Trader and Tenancy Tribunal Act 2001 No 82--Schedule 2
Contaminated Land Management Act 1997 No 140--Schedule 2
Contractors Debts Act 1997 No 110--Schedule 2
Conveyancers Licensing Act 2003 No 3--Schedule 1
Conveyancing (General) Regulation 2003--Schedule 2
Country Women's Association of New South Wales Incorporation Act 1931--
Schedule 1
Crimes Act 1900 No 40--Schedule 2
Crimes (Administration of Sentences) Act 1999 No 93--Schedule 2
Crimes (Administration of Sentences) Amendment Act 2002 No 36--Schedule 1
Criminal Appeal Act 1912 No 16--Schedule 1
Dental Practice Act 2001 No 64--Schedule 1
Duties Act 1997 No 123--Schedule 2
Environmentally Hazardous Chemicals Act 1985 No 14--Schedule 2
Eurobodalla Urban Local Environmental Plan 1999--Schedule 2
Evidence (Audio and Audio Visual Links) Act 1998 No 105--Schedule 2
Financial Transaction Reports Act 1992 No 99--Schedule 2
Food Production (Dairy Food Safety Scheme) Regulation 1999--Schedule 2
Page 73
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 4 Notes
Food Production (Meat Food Safety Scheme) Regulation 2000--Schedule 2
Forestry Act 1916 No 55--Schedule 1
Gaming Machine Tax Act 2001 No 72--Schedule 1
Geographical Names Act 1966 No 13--Schedule 1
Greater Taree Local Environmental Plan 1995--Schedule 2
Home Building Act 1989 No 147--Schedule 2
ake Macquarie Local Environmental Plan 2004--Schedule 2
ocal Courts (Civil Claims) Act 1970 No 11--Schedule 2
ocal Government Act 1993 No 30--Schedule 2
otteries and Art Unions Regulation 2002--Schedule 2
Mental Health Act 1990 No 9--Schedule 2
Mental Health (Criminal Procedure) Act 1990 No 10--Schedule 2
National Environment Protection Council (New South Wales) Act 1995 No 4--
Schedule 1
New South Wales Crime Commission Act 1985 No 117--Schedule 2
Occupational Health and Safety Regulation 2001--Schedule 2
Ombudsman Act 1974 No 68--Schedule 1
Optometrists Act 2002 No 30--Schedule 1
Parliamentary Electorates and Elections Act 1912 No 41--Schedule 1
Passenger Transport Act 1990 No 39--Schedule 2
Passenger Transport (Ferry Services) Regulation 2000--Schedule 2
Passenger Transport (Taxi-cab Services) Regulation 2001--Schedule 2
Plantations and Reafforestation Act 1999 No 97--Schedule 1
Police Integrity Commission Act 1996 No 28--Schedule 2
Police Regulation (Superannuation) Act 1906 No 28--Schedule 2
Property, Stock and Business Agents Act 2002 No 66--Schedule 1
Protection of the Environment Operations Act 1997 No 156--Schedule 1
Protection of the Environment Operations (General) Regulation 1998--
Schedule 1
Public Authorities Superannuation Act 1985 No 41--Schedule 2
Page 74
Statute Law (Miscellaneous Provisions) Bill 2004
Notes Schedule 4
Public Finance and Audit Regulation 2000--Schedule 2
Public Reserves Management Fund Act 1987 No 179--Schedule 1
Public Sector Management (Goods and Services) Regulation 2000--Schedule 2
Radiation Control Act 1990 No 13--Schedule 1
Radiation Control Regulation 2003--Schedule 1
Real Property Act 1900 No 25--Schedule 1
Registered Clubs Act 1976 No 31--Schedule 1
Road and Rail Transport (Dangerous Goods) Act 1997 No 113--Schedule 1
Road Transport (Driver Licensing) Act 1998 No 99--Schedule 1
Road Transport (General) Act 1999 No 18--Schedule 1
Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72--
Schedule 1
Road Transport (Mass, Loading and Access) Regulation 1996--Schedule 1
Road Transport (Safety and Traffic Management) Act 1999 No 20--Schedule 1
Road Transport (Safety and Traffic Management) (Driver Fatigue)
Regulation 1999--Schedule 1
Road Transport (Vehicle Registration) Act 1997 No 119--Schedule 1
Road Transport (Vehicle Registration) Regulation 1998--Schedule 1
Royal Botanic Gardens and Domain Trust Act 1980 No 19--Schedule 1
Rural Fires Act 1997 No 65--Schedule 1
Rural Lands Protection Act 1998 No 143--Schedule 1
Shops and Industries Act 1962 No 43--Schedule 1
State Environmental Planning Policy No 4--Development Without Consent and
Miscellaneous Exempt and Complying Development--Schedule 2
State Environmental Planning Policy No 29--Western Sydney Recreation
Area--Schedule 2
State Environmental Planning Policy No 72--Linear Telecommunications
Development--Broadband--Schedule 2
Strata Schemes Management Act 1996 No 138--Schedule 2
Strata Schemes Management Amendment Act 2004 No 9--Schedule 2
Subordinate Legislation Act 1989 No 146--Schedule 1
Page 75
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 4 Notes
Sydney Regional Environmental Plan No 28--Parramatta--Schedule 2
Sydney Water Catchment Management Act 1998 No 171--Schedule 1
Sydney Water Regulation 2000--Schedule 2
Totalizator Act 1997 No 45--Schedule 2
Transport Administration Act 1988 No 109--Schedule 1
Transport Administration (General) Regulation 2000--Schedule 2
Valuation of Land Act 1916 No 2--Schedule 1
Veterinary Practice Act 2003 No 87--Schedule 2
Victims Support and Rehabilitation Act 1996 No 115--Schedule 2
Waste Avoidance and Resource Recovery Act 2001 No 58--Schedule 1
Western Lands Act 1901 No 70--Schedule 1
Witness Protection Act 1995 No 87--Schedule 2
Index of Acts wholly repealed by Schedule 3
Accommodation Levy Act 1997 No 32
Bail Amendment Act 2003 No 22
City of Sydney Amendment (Electoral Rolls) Act 2003 No 7
City Tattersall's Club Amendment Act 2003 No 78
Commission for Children and Young People Amendment (Child Death Review
Team) Act 2003 No 26
Community Relations Commission and Principles of Multiculturalism
Amendment Act 2003 No 50
Contaminated Land Management Amendment Act 2003 No 91
Coptic Orthodox Church (NSW) Property Trust Amendment Act 2003 No 67
Coroners Amendment Act 2003 No 72
Courts Legislation Amendment Act 2003 No 71
Crimes Legislation Amendment Act 2003 No 27
Crimes Legislation Amendment (Parole) Act 2003 No 25
Crimes Legislation Amendment (Property Identification) Act 2003 No 5
Criminal Procedure Amendment (Sexual Offence Evidence) Act 2003 No 42
Page 76
Statute Law (Miscellaneous Provisions) Bill 2004
Notes Schedule 4
Defamation Amendment Act 2002 No 136
Driving Instructors Amendment Act 2002 No 127
Drug Summit Legislative Response Amendment (Trial Period Extension)
Act 2003 No 47
Duties Amendment (Land Rich) Act 2003 No 79
Education Amendment (Computing Skills) Act 2003 No 51
Environmental Planning and Assessment Amendment (Development Consents)
Act 2003 No 60
Environmental Planning and Assessment Amendment (Quality of Construction)
Act 2003 No 95
Evidence (Audio and Audio Visual Links) Amendment Act 2003 No 76
Evidence Legislation Amendment (Accused Child Detainees) Act 2003 No 57
Federation of New South Wales Police-Citizens Youth Clubs (Reconstitution)
Act 1989 No 163
Firearms Amendment (Prohibited Pistols) Act 2003 No 36
Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 No 92
Gaming Machines Amendment (Miscellaneous) Act 2003 No 58
Gaming Machines Amendment (Shutdown Periods) Act 2003 No 16
Guardianship Amendment (Enduring Guardians) Act 2002 No 89
Health Legislation Amendment Act 2003 No 52
Independent Commission Against Corruption Amendment (Ethics Committee)
Act 2003 No 73
Industrial Relations Amendment (Adoption Leave) Act 2003 No 48
Industrial Relations Amendment (Public Vehicles and Carriers) Act 2003 No 63
Irrigation Corporations Amendment Act 1998 No 125
egislation Review Amendment Act 2002 No 77
ocal Government Amendment (Cudgegong (Abattoir) County Council
Dissolution) Act 2003 No 56
ocal Government Amendment (Employment Protection) Act 2003 No 30
ocal Government Amendment (National Competition Policy Review) Act 2003
No 8
Page 77
Statute Law (Miscellaneous Provisions) Bill 2004
Schedule 4 Notes
otteries and Art Unions Amendment Act 2003 No 19
Marketing of Primary Products Amendment (Rice Marketing) Act 2003 No 86
Motor Accidents Compensation Amendment (Terrorism) Act 2003 No 68
National Parks and Wildlife Amendment (Telecommunications Facilities) Act
2003 No 37
Occupational Health and Safety Amendment (Prosecutions) Act 2003 No 83
Police Association Employees (Superannuation) Amendment Act 2003 No 59
Police Legislation Amendment (Civil Liability) Act 2003 No 74
Police Service Amendment (NSW Police) Act 2002 No 51
Prevention of Cruelty to Animals Amendment (Penalties) Act 2003 No 54
Road Transport Legislation Amendment (Interlock Devices) Act 2002 No 72
Rural Lands Protection Amendment Act 2003 No 6
State Revenue Legislation Amendment Act 2002 No 108
State Revenue Legislation Amendment Act 2003 No 34
State Revenue Legislation Further Amendment Act 2003 No 80
Summary Offences Amendment (Spray Paint Cans) Act 2002 No 118
Sydney Water Amendment (Water Restrictions) Act 2003 No 55
Sydney Water Catchment Management Amendment Act 2003 No 70
Transport Legislation Amendment (Safety and Reliability) Act 2003 No 65
Valuation of Land Amendment (Valuer-General) Act 2003 No 41
Victims Legislation Amendment Act 2003 No 10
Workers Compensation Legislation Amendment (Trainees) Act 2003 No 97
Page 78
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