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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill 2013
No , 2013
A Bill for
An Act to repeal certain Acts and to amend certain other Acts and instruments in
various respects and for the purpose of effecting statute law revision; and to make
certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2013. 3
2 Commencement 4
(1) This Act commences on 5 July 2013. 5
(2) However, the amendments made by the Schedules to this Act 6
commence on the day or days specified in those Schedules in relation to 7
the amendments concerned. If a commencement day is not specified, 8
the amendments commence in accordance with subsection (1). 9
3 Explanatory notes 10
The matter appearing under the heading "Explanatory note" in any of 11
the Schedules does not form part of this Act. 12
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Aboriginal Land Rights Act 1983 No 42 2
Section 89 Transfer of assets, rights and liabilities 3
Insert after section 89 (6): 4
(7) An order under this section must, if the Aboriginal Land Council 5
from which the assets, rights or liabilities are to be transferred 6
under this section is a deductible gift recipient, provide for the 7
transfer of the assets, rights or liabilities to an Aboriginal Land 8
Council that is also a deductible gift recipient. 9
(8) In this section, an Aboriginal Land Council is a deductible gift 10
recipient if the Council is endorsed as a deductible gift recipient 11
under the Income Tax Assessment Act 1997 of the 12
Commonwealth. 13
Explanatory note 14
The proposed amendment to the Aboriginal Land Rights Act 1983 (the Act) provides 15
that if the Minister makes an order under section 87 of the Act dissolving or changing 16
the name or area of a Local Aboriginal Land Council (an LALC) that is a deductible gift 17
recipient, any assets, rights and liabilities of the LALC that are transferred by a 18
subsequent order under section 89 of the Act must be transferred to another LALC that 19
is also a deductible gift recipient. The proposed amendment ensures that the 20
provisions relating to the transfer of assets, rights and liabilities of an LALC that is 21
endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of 22
the Commonwealth are consistent with the requirements for endorsement as a 23
deductible gift recipient under that Act. 24
1.2 Aboriginal Land Rights Regulation 2002 25
Schedule 2 Model rules for Local Aboriginal Land Councils 26
Insert after clause 23: 27
24 Revocation of endorsement as deductible gift recipient 28
The Council must, if the Council ceases to be endorsed as a 29
deductible gift recipient under the Income Tax Assessment Act 30
1997 of the Commonwealth, transfer to another Local Aboriginal 31
Land Council that is endorsed as a deductible gift recipient under 32
that Act any gifts, contributions or other money as required by 33
section 30-125 (6) of that Act. 34
Explanatory note 35
The proposed amendment to the Aboriginal Land Rights Regulation 2002 amends the 36
model rules for Local Aboriginal Land Councils to provide that if a Council that is 37
endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of 38
the Commonwealth ceases to be so endorsed, certain gifts, contributions and other 39
money received by the Council must be transferred to another Local Aboriginal Land 40
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
Council that is endorsed as a deductible gift recipient. The proposed amendment 1
ensures that the rules of Local Aboriginal Land Councils that are endorsed as 2
deductible gift recipients are consistent with the requirements of the Income Tax 3
Assessment Act 1997 of the Commonwealth for endorsement as a deductible gift 4
recipient. A related amendment is made to the Aboriginal Land Rights Act 1983 in 5
Schedule 1.1. 6
1.3 Anatomy Act 1977 No 126 7
Section 4 Definitions 8
Insert at the end of paragraph (b) of the definition of forensic institution in 9
section 4 (1): 10
or 11
(c) an institution that is under the control of the Health 12
Administration Corporation, 13
Explanatory note 14
The proposed amendment to the Anatomy Act 1977 extends the definition of forensic 15
institution to reflect the change in institutions providing forensic pathology and 16
medicine services. Those services were formerly provided by institutions under the 17
control of a public health organisation but are now provided by institutions under the 18
control of the Health Administration Corporation. 19
1.4 Biofuels Act 2007 No 23 20
Section 24 Expert Panel 21
Omit section 24 (1) (a2). Insert instead: 22
(a2) the Chairperson of the Environment Protection Authority 23
or the Chairperson's nominee, 24
Explanatory note 25
The object of the proposed amendment to the Biofuels Act 2007 is to include in the 26
Expert Panel established under that Act the Chairperson of the Environment Protection 27
Authority (or the Chairperson's nominee) in place of the Chief Executive of the Office 28
of Environment and Heritage (or the Chief Executive's nominee). The amendment is 29
consequential on the transfer of certain staff from the Office of Environment and 30
Heritage to the Office of the Environment Protection Authority by the Public Sector 31
Employment and Management (Office of the Environment Protection Authority) Order 32
2012. 33
1.5 Building Professionals Act 2005 No 115 34
[1] Section 97 Review of Act 35
Omit "as soon as possible after the period of 7 years from the date of assent to 36
this Act" from section 97 (2). 37
Insert instead "before the beginning of December 2015". 38
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
[2] Section 97 (3) 1
Omit "within 12 months after the end of the period of 7 years". 2
Insert instead "before the beginning of December 2016". 3
Explanatory note 4
The proposed amendments to the Building Professionals Act 2005 (the Act) provide 5
that the statutory review of the Act (being the review to determine whether the policy 6
objectives of the Act remain valid and whether the terms of the Act remain appropriate 7
for securing those objectives) is to be undertaken before the beginning of December 8
2015, rather than as soon as possible after the period of 7 years after the date of assent 9
to the Act (which occurred on 7 December 2005). The report on the outcome of the 10
review is to be tabled in each House of Parliament before the beginning of 11
December 2016. 12
1.6 Charles Sturt University Act 1989 No 76 13
[1] Section 30 Seal of University 14
Insert at the end of the section: 15
Note. Documents requiring authentication may be sufficiently 16
authenticated without a seal in accordance with section 50 (3) of the 17
Interpretation Act 1987. 18
[2] Schedule 3 Duties of Council members 19
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 20
"section 24G" in clause 5 (7). 21
Explanatory note 22
Item [1] of the proposed amendments to the Charles Sturt University Act 1989 (the Act) 23
inserts a note to make it clear that documents requiring authentication may be 24
sufficiently authenticated without a seal in accordance with section 50 (3) of the 25
Interpretation Act 1987. 26
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 27
of the Council of Charles Sturt University (the Council) from taking part in any 28
deliberation or decision of the Council with respect to a matter in which the member has 29
a material interest. The amendment makes it clear that the provision does not prevent 30
the member from taking part in any consideration, discussion or voting with respect to 31
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 32
1.7 Community Land Management Act 1989 No 202 33
Section 109G Annual report of Director-General 34
Omit the section. 35
Explanatory note 36
The proposed amendment to the Community Land Management Act 1989 (the Act) 37
removes the requirement for the Commissioner for Fair Trading to prepare an annual 38
report for the Minister for Fair Trading of the operations of the Commissioner under 39
Part 5A of the Act (which sets out the functions of the Commissioner under the Act). 40
The report on the operations of the Commissioner will instead be included in the annual 41
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
report of the Department of Finance and Services prepared under the Annual Reports 1
(Departments) Act 1985. 2
1.8 Community Services (Complaints, Reviews and Monitoring) 3
Act 1993 No 2 4
[1] Section 4 Definitions 5
Omit "the Minister for Community Services" from paragraph (f) of the 6
definition of service provider in section 4 (1). 7
Insert instead "a Minister of the State of New South Wales". 8
[2] Section 8 Functions of Official Community Visitors 9
Omit "provided by the Department of Community Services or the Department 10
of Ageing, Disability and Home Care, or by a funded agency" from 11
paragraph (a) of the definition of visitable service in section 8 (6). 12
[3] Section 35 Application of Part 13
Omit "and authorised or funded under the Disability Services Act 1993" from 14
section 35 (1) (f). 15
Commencement 16
The amendments to the Community Services (Complaints, Reviews and Monitoring) 17
Act 1993 commence on 1 July 2013. 18
Explanatory note 19
Item [1] of the proposed amendments to the Community Services (Complaints, 20
Reviews and Monitoring) Act 1993 extends the definition of service provider to include 21
a person or organisation that is covered by an arrangement between a Minister of the 22
State of New South Wales and a State or Commonwealth Minister, under which 23
arrangement that State or Commonwealth Minister agrees to the person or 24
organisation being a service provider for the purposes of that Act. This amendment 25
ensures that the intergovernmental agreement for the National Disability Insurance 26
Scheme (made between the Premier of New South Wales and the Prime Minister) is 27
captured by that definition. This amendment will enable the NSW Ombudsman to 28
monitor and review any service provider for people with disability and investigate 29
complaints about a person or organisation who is a service provider. 30
Item [2] extends the definition of visitable service to any accommodation service 31
where a person using the service is in the full-time care of the service provider. 32
Currently, a visitable service is defined to include an accommodation service provided 33
by the Department of Community Services or the Department of Ageing, Disability and 34
Home Care, or by a funded agency where a person using the service is in the full-time 35
care of the service provider. The amendment has the effect of enabling an Official 36
Community Visitor to exercise functions and powers (including powers of entry and 37
inspection) with respect to any accommodation service where a person using the 38
service is in the full-time care of the service provider (whether or not the 39
accommodation service is provided by a Department or funded agency). 40
Item [3] extends the application of Part 6 (Reviews of deaths of children in care and 41
certain other children and persons with disabilities in care) to a person who was living 42
in, or temporarily absent from, residential care provided by any service provider. 43
Currently, Part 6 applies only to deaths of persons who were living in, or temporarily 44
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
absent from, residential care provided by a service provider if the residential care is 1
authorised or funded under the Disability Services Act 1993. 2
1.9 Conveyancers Licensing Act 2003 No 3 3
Schedule 1 Savings and transitional provisions 4
Insert at the end of the Schedule: 5
Part 4 Provision consequent on enactment of 6
Statute Law (Miscellaneous Provisions) 7
Act 2008 8
20 Displacement provision 9
The declaration of a provision of Part 8 of this Act as a 10
Corporations legislation displacement provision for the purposes 11
of section 5G of the Corporations Act extends to a provision of 12
that Part as amended by the Statute Law (Miscellaneous 13
Provisions) Act 2008. 14
Explanatory note 15
The proposed amendment to the Conveyancers Licensing Act 2003 (the Act) ensures 16
that a provision of Part 8 of the Act, as amended by the Statute Law (Miscellaneous 17
Provisions) Act 2008, is a Corporations legislation displacement provision for the 18
purposes of section 5G of the Corporations Act 2001 of the Commonwealth (the 19
Corporations Act). Section 5G of the Corporations Act provides that if a State law 20
declares a provision of a State law to be a Corporations legislation displacement 21
provision, any provision of the Corporations legislation with which the State provision 22
would otherwise be inconsistent does not apply to the extent necessary to avoid the 23
inconsistency. 24
1.10 Conveyancing Act 1919 No 6 25
[1] Sections 66V (9) and 66ZE (9) 26
Omit "Stamp duty", "stamp duty" and "Stamp Duties Act 1920" wherever 27
occurring. 28
Insert instead "Duty", "duty" and "Duties Act 1997" respectively. 29
[2] Section 165 Stamping of documents not to give notice of trust or written 30
contract 31
Omit "Commissioner or Assistant Commissioner of Stamp Duties". 32
Insert instead "Chief Commissioner or Commissioner of State Revenue". 33
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
[3] Section 195A Lodgment of plans and related documents with 1
Registrar-General 2
Omit "The plan must be lodged with a separate document in the approved form 3
relating to the plan." from section 195A (1). 4
[4] Section 195A (4) 5
Insert after section 195A (3): 6
(4) A plan lodged under this section must be lodged with a separate 7
document in the approved form relating to the plan. 8
[5] Section 195E Recording of plans which are not to be registered 9
Omit "pursuant to" from section 195E (2). Insert instead "under". 10
Explanatory note 11
Items [1] and [2] of the proposed amendments to the Conveyancing Act 1919 (the Act) 12
update certain references as a consequence of the repeal of the Stamp Duties Act 13
1920. 14
Items [3] and [4] make it clear that a separate document in an approved form (known 15
as an administration sheet) must accompany all plans lodged in the office of the 16
Registrar-General for registration or recording under Division 3 of Part 23 of the Act. 17
Item [5] makes the language of section 195E consistent with that of section 195A. 18
1.11 Electricity Supply Act 1995 No 94 19
Section 107 Liable acquisitions 20
Omit "a person who is" from section 107 (1). 21
Insert instead "any other person, whether or". 22
Explanatory note 23
The proposed amendment to the Electricity Supply Act 1995 (the Act) amends a 24
provision relating to the energy savings scheme established under the Act. Under that 25
scheme, a participant in the scheme is required to meet an individual energy savings 26
target by surrendering energy savings certificates (the total value of which must meet 27
or exceed the individual energy savings target). The individual energy savings target is 28
equivalent to a defined percentage (specified in Schedule 5 to the Act) of the scheme 29
participant's liable acquisitions, as defined in Part 9 of the Act. The proposed 30
amendment extends the definition of liable acquisition to include a purchase of 31
electricity by a scheme participant from any person, whether or not a registered 32
participant under the National Electricity (NSW) Law. Currently, a purchase of 33
electricity by a scheme participant from a person who is a registered participant under 34
the National Electricity (NSW) Law is excluded from that definition (and, consequently, 35
from the calculation of the scheme participant's individual energy savings target). 36
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
1.12 Energy and Utilities Administration Act 1987 No 103 1
[1] Section 3 Definitions 2
Insert after paragraph (a) of the definition of State water agency in 3
section 3 (1): 4
(a1) Gosford City Council, or 5
(a2) Wyong Shire Council, or 6
[2] Section 3 (1), definition of "water savings area" 7
Insert after paragraph (a) of the definition: 8
(a1) the local government area of Gosford City Council under 9
the Local Government Act 1993, or 10
(a2) the local government area of Wyong Shire Council under 11
the Local Government Act 1993, or 12
Explanatory note 13
The proposed amendments to the Energy and Utilities Administration Act 1987 (the 14
Act) extend the definitions of State water agency and water savings area to include 15
Gosford City Council and Wyong Shire Council, and their respective local government 16
areas, which are currently prescribed as State water agencies and water savings areas 17
for the purposes of the Act by the Energy and Utilities Administration Regulation 2006 18
(which is due to be repealed on 1 September 2013). 19
1.13 Health Administration Act 1982 No 135 20
Schedule 2A Health professional councils 21
Insert in alphabetical order: 22
Chinese Medicine Council of New South Wales established 23
under the Health Practitioner Regulation National Law (NSW) 24
Medical Radiation Practice Council of New South Wales 25
established under the Health Practitioner Regulation National 26
Law (NSW) 27
Occupational Therapy Council of New South Wales established 28
under the Health Practitioner Regulation National Law (NSW) 29
Explanatory note 30
The proposed amendment to the Health Administration Act 1982 updates the list of 31
health professional councils for which the Health Administration Corporation is to 32
manage accounts, to make it consistent with the Health Practitioner Regulation 33
National Law (NSW). 34
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
1.14 Home Care Service Act 1988 No 6 1
[1] Section 3 Definitions 2
Omit "Department of Community Services" from the definition of 3
Department in section 3 (1). 4
Insert instead "Department of Family and Community Services". 5
[2] Section 3 (1), definition of "Hostel and Care Program" 6
Omit the definition. 7
[3] Section 5 The Board 8
Omit "General Manager" from section 5 (1) (b). 9
Insert instead "Executive Director". 10
[4] Section 5 (1) (c) 11
Omit "9". Insert instead "7". 12
[5] Section 5 (1A) 13
Omit the subsection. 14
[6] Section 5 (2) (b) 15
Omit "Director-General, and". Insert instead "Director-General.". 16
[7] Section 5 (2) (c) 17
Omit the paragraph. 18
[8] Section 6 Objects of the Service 19
Omit "who are ill, disabled or" from section 6 (1) (a) (i). 20
Insert instead "with disability, or who are ill or". 21
[9] Part 3A Hostel and Care Program 22
Omit the Part. 23
[10] Section 11 Power to accept gifts etc 24
Omit "Stamp Duties Act 1920" from section 11 (3). 25
Insert instead "Duties Act 1997". 26
[11] Schedule 1 Provisions relating to the constitution and procedure of the 27
Board 28
Omit "6 members" from clause 8 (1). Insert instead "5 members". 29
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
[12] Schedule 1, clause 8 (2) 1
Omit the subclause. 2
Explanatory note 3
Item [9] of the proposed amendments to the Home Care Service Act 1988 repeals 4
provisions relating to the Hostel and Care Program, which is no longer part of the Home 5
Care Service. Items [2], [4]-[7], [11] and [12] make consequential amendments. 6
Items [1], [3] and [10] update obsolete references. 7
Item [8] updates obsolete terminology. 8
1.15 Human Tissue Act 1983 No 164 9
[1] Section 4 Definitions 10
Insert at the end of paragraph (b) of the definition of forensic institution in 11
section 4 (1): 12
or 13
(c) an institution that is under the control of the Health 14
Administration Corporation, 15
[2] Section 4 (1), definition of "governing body" 16
Insert at the end of paragraph (b) (ii): 17
, or 18
(iii) in the case of a forensic institution that is controlled 19
by the Health Administration Corporation--the 20
Director-General. 21
Explanatory note 22
Item [1] of the proposed amendments to the Human Tissue Act 1983 (the Act) extends 23
the definition of forensic institution to reflect the change in institutions providing 24
forensic pathology and medicine services. Those services were formerly provided by 25
institutions under the control of a public health organisation but are now provided by 26
institutions under the control of the Health Administration Corporation. 27
Item [2] amends the definition of governing body to provide that, for the purposes of 28
the Act, the governing body of a forensic institution that is under the control of the 29
Health Administration Corporation is the Director-General of the Ministry of Health. 30
1.16 Impounding Act 1993 No 31 31
Dictionary 32
Insert after the matter relating to the Sydney Harbour Foreshore Authority in 33
the definition of area of operations: 34
· in the case of an impounding officer appointed by the Western 35
Sydney Parklands Trust, Trust land within the meaning of the 36
Western Sydney Parklands Act 2006. 37
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Impounding Act 1993 (the Act) provides that, for the 2
purposes of the Act, the area of operations of the Western Sydney Parklands Trust (the 3
Trust) is land vested in or owned by the Trust. Impounding officers appointed by the 4
Trust may exercise their powers to impound certain animals and articles under the Act 5
in the Trust's area of operations. The amendment is consequent on the enactment of 6
the Western Sydney Parklands Act 2006, which made the Trust an impounding 7
authority under the Act. 8
1.17 Interpretation Act 1987 No 15 9
[1] Section 21 Meanings of commonly used words and expressions 10
Omit the definition of Gazette from section 21 (1). Insert instead: 11
Gazette or Government Gazette means the New South Wales 12
Government Gazette published in print or on the NSW legislation 13
website. 14
[2] Section 23 Commencement of Acts 15
Omit "in the Gazette or" from section 23 (8). 16
[3] Section 44 Publication of certain miscellaneous statutory instruments 17
on NSW legislation website 18
Omit the section. 19
[4] Section 45C Publication on NSW legislation website 20
Insert after section 45C (1) (a): 21
(a1) the Gazette (as individual gazette notices or as a collection 22
of gazette notices), and 23
[5] Section 45C (2), (3) and (4) 24
Insert ", the Gazette" before "or other matter" wherever occurring. 25
[6] Section 45C (5) 26
Omit the subsection. Insert instead: 27
(5) The Parliamentary Counsel is to compile and maintain a database 28
of legislation or Gazettes published on the NSW legislation 29
website, and may certify the form of legislation or Gazettes so 30
published that is correct. 31
[7] Section 45C (6) (b) 32
Insert "or form" after "drafting". 33
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
[8] Section 45D Publication of paper reprints of legislation 1
Omit the section. 2
[9] Section 67 Citation of instruments etc 3
Omit "published in the Gazette" from section 67 (1) (b) (i). 4
Insert instead "published in a printed copy of the Gazette". 5
[10] Section 67 (1) (b) (ia) 6
Insert after section 67 (1) (b) (i): 7
(ia) in the case of an instrument that has been published 8
on the NSW legislation website--the date of its 9
publication on that website, or 10
[11] Section 75 Publication of statutory notices 11
Omit "or journals" and "or journal". Insert instead "or other location". 12
[12] Section 75 13
Omit "the number, date and page or pages of the Gazette". 14
Insert instead "the date of publication of the Gazette". 15
[13] Schedule 3 Savings and transitional provisions 16
Omit clause 10. 17
Explanatory note 18
The proposed amendments to the Interpretation Act 1987 authorise the NSW 19
Government Gazette to be published on the NSW legislation website (item [4]) and give 20
official status to the online version of the Gazette (item [6]). The Gazette will be able to 21
be published on that website as individual gazette notices or as a collection of gazette 22
notices (with a facility to search over those gazette notices and any previous editions 23
of the printed Gazette made available on that website). Apart from consequential 24
amendments, the amendments also repeal existing provisions relating to the 25
production of paper reprints of legislation which has now ceased. 26
1.18 Local Government Act 1993 No 30 27
Section 54L Payment of environmental upgrade charge 28
Omit "must" from section 54L (3). Insert instead "may". 29
Explanatory note 30
The proposed amendment to the Local Government Act 1993 (the Act) will enable a 31
council to hold money paid to it in respect of an environmental upgrade charge, pending 32
its payment to a finance provider, in its consolidated fund in accordance with 33
section 409 of the Act. Currently, such money is required to be held in the council's trust 34
fund in trust for the finance provider. 35
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
1.19 Macquarie University Act 1989 No 126 1
[1] Section 27 Seal of University 2
Insert at the end of the section: 3
Note. Documents requiring authentication may be sufficiently 4
authenticated without a seal in accordance with section 50 (3) of the 5
Interpretation Act 1987. 6
[2] Schedule 2A Duties of Council members 7
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 8
"section 21G" in clause 5 (7). 9
Explanatory note 10
Item [1] of the proposed amendments to the Macquarie University Act 1989 (the Act) 11
inserts a note to make it clear that documents requiring authentication may be 12
sufficiently authenticated without a seal in accordance with section 50 (3) of the 13
Interpretation Act 1987. 14
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 15
of the Council of Macquarie University (the Council) from taking part in any 16
deliberation or decision of the Council with respect to a matter in which the member has 17
a material interest. The amendment makes it clear that the provision does not prevent 18
the member from taking part in any consideration, discussion or voting with respect to 19
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 20
1.20 Plumbing and Drainage Act 2011 No 59 21
[1] Section 3 Definitions 22
Insert in alphabetical order in section 3 (1): 23
county council has the same meaning as in the Local 24
Government Act 1993. 25
[2] Section 4 Plumbing and drainage work--meaning 26
Omit "or local council" from section 4 (5) (c). 27
Insert instead ", local council or county council". 28
[3] Section 16 Supply of plans 29
Insert ", or county council of the area of operations," after "local council of the 30
area" where firstly occurring in section 16 (3). 31
[4] Section 16 (3) 32
Omit "the local council of the area". 33
Insert instead "that local council or county council". 34
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
[5] Section 21 Delegation 1
Insert "or county council" after "local council" in section 21 (1) (a). 2
[6] Section 21 (2) 3
Insert "or county council" after "local council" where firstly occurring. 4
[7] Section 21 (2) (b) 5
Omit "local". 6
[8] Section 22 Appointment of inspectors 7
Insert "or county council" after "local council" in section 22 (2) (b). 8
[9] Section 23 Appointment of enforcement officers 9
Insert "or county council" after "local council" in section 23 (2) (b). 10
[10] Section 47 Certain information may be provided to and by plumbing 11
regulator 12
Insert "or county council" after "local council" where firstly occurring in 13
section 47 (1) (a). 14
[11] Section 47 (1) (a) 15
Omit "local" where secondly and thirdly occurring. 16
[12] Section 47 (2) 17
Insert ", county council" after "local council". 18
[13] Section 48 Exclusion of liability 19
Insert "or county council" after "local council" in paragraph (c) of the 20
definition of protected person in section 48 (2). 21
[14] Section 52 Regulations 22
Insert "or county councils" after "local councils" in section 52 (3). 23
Explanatory note 24
The proposed amendments to the Plumbing and Drainage Act 2011 (the Act) extend 25
certain functions, powers and exclusions under the Act that apply in respect of local 26
councils so that they also apply in respect of county councils established under the 27
Local Government Act 1993. 28
Item [5] enables the Commissioner for Fair Trading to delegate certain functions under 29
the Act to county councils. Items [6] and [7] enable a county council to subdelegate 30
functions to the general manager of the council or to certain contractors engaged by 31
the council. Items [3] and [4] make consequential amendments. 32
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
Items [8] and [9] enable the Commissioner for Fair Trading to appoint county council 1
officers or employees as inspectors and enforcement officers for the purposes of the 2
Act. 3
Items [10]-[12] enable the Commissioner for Fair Trading and county councils to share 4
information that is obtained in connection with the administration of the Act or that is 5
necessary to enable the Commissioner to exercise functions under the Act. 6
Item [13] provides that county councils are not protected persons for the purpose of a 7
provision that excludes such persons from liability for things done or omitted in the 8
exercise of functions under the Act. This is consistent with the existing position of local 9
councils under the Act. 10
Item [14] enables regulations to be made providing for the setting of fees, by county 11
councils, for the exercise of functions delegated to the county councils. 12
Items [1] and [2] make consequential amendments. 13
1.21 Property, Stock and Business Agents Act 2002 No 66 14
Schedule 1 Savings and transitional provisions 15
Insert after Part 3: 16
Part 3A Provision consequent on enactment of 17
Statute Law (Miscellaneous Provisions) 18
Act 2008 19
23A Displacement provision 20
The declaration of a provision of Part 9 of this Act as a 21
Corporations legislation displacement provision for the purposes 22
of section 5G of the Corporations Act extends to a provision of 23
that Part as amended by the Statute Law (Miscellaneous 24
Provisions) Act 2008. 25
Explanatory note 26
The proposed amendment to the Property, Stock and Business Agents Act 2002 (the 27
Act) ensures that a provision of Part 9 of the Act, as amended by the Statute Law 28
(Miscellaneous Provisions) Act 2008, is a Corporations legislation displacement 29
provision for the purposes of section 5G of the Corporations Act 2001 of the 30
Commonwealth (the Corporations Act). Section 5G of the Corporations Act provides 31
that if a State law declares a provision of a State law to be a Corporations legislation 32
displacement provision, any provision of the Corporations legislation with which the 33
State provision would otherwise be inconsistent does not apply to the extent necessary 34
to avoid the inconsistency. 35
1.22 Public Finance and Audit Act 1983 No 152 36
[1] Section 28 Appointment etc 37
Omit "7 years" from section 28 (1). Insert instead "8 years". 38
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[2] Schedule 4 Savings, transitional and other provisions 1
Insert at the end of the Schedule: 2
Part 7 Provision consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act 2013 5
15 Term of appointment of Auditor-General 6
The amendment made to section 28 by the Statute Law 7
(Miscellaneous Provisions) Act 2013 does not apply in respect of 8
an appointment made before the commencement of that 9
amendment. 10
Explanatory note 11
Item [1] of the proposed amendments to the Public Finance and Audit Act 1983
extends, from 7 years to 8 years, the term of appointment of the Auditor-General under 12
13
that Act. Item [2] provides that the new term of appointment does not apply in respect 14
of an appointment made before the commencement of the amendment. 15
1.23 Radiation Control Act 1990 No 13 16
[1] Section 25 Proceedings for offences 17
Omit "under this Act" wherever occurring in section 25 (1) and (3). 18
Insert instead "against this Act". 19
[2] Section 25 (5) 20
Omit "under this Act". Insert instead "against this Act or the regulations". 21
[3] Section 29 Radiation Advisory Council 22
Omit section 29 (2) (k). Insert instead: 23
(k) a person nominated by the Director-General of the 24
Ministry of Health, and 25
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Schedule 1 Minor amendments
[4] Schedule 2 Savings and transitional provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provision consequent on enactment of 3
Statute Law (Miscellaneous Provisions) 4
Act 2013 5
Ministry of Health member of Radiation Advisory Council 6
The member of the Radiation Advisory Council who was 7
appointed under section 29 (2) (k), as in force immediately before 8
its substitution by the Statute Law (Miscellaneous Provisions) 9
Act 2013, is taken have been appointed on the same terms under 10
that paragraph as substituted. 11
Explanatory note 12
Item [2] of the proposed amendments to the Radiation Control Act 1990 (the Act) 13
makes it clear that a provision of the Act that specifies the time limit for commencing 14
proceedings for an offence against the Act applies to proceedings for an offence 15
against regulations made under the Act. The time limit for commencing proceedings is 16
12 months after the date on which the offence is alleged to have been committed or 17
evidence of the alleged offence first came to the attention of an authorised officer. 18
Item [1] changes the terminology used in reference to proceedings for offences to make 19
it consistent with other provisions of the Act that relate to offences. 20
Item [3] removes a paragraph that provides that the Minister administering the Act is to 21
appoint an officer of the Ministry of Health to the Radiation Advisory Council and 22
instead provides for the appointment of a person nominated by the Director-General of 23
the Ministry of Health. Item [4] inserts a transitional provision consequent on the 24
amendment made by item [3]. 25
1.24 Radiation Control Amendment Act 2010 No 91 26
[1] Schedule 1 Amendment of Radiation Control Act 1990 No 13 27
Omit "An authorised officer may serve a notice under this section on a person 28
if the authorised officer" from proposed section 18 (1) in Schedule 1 [6]. 29
Insert instead "The Authority, or person authorised by the Authority, may 30
serve a notice under this section on a person if the Authority, or person 31
authorised by the Authority,". 32
[2] Schedule 1 [6], proposed section 18 (3) 33
Omit "authorised officer issues". Insert instead "service of". 34
[3] Schedule 1 [6], proposed section 18 (6) 35
Omit "of the Authority". Insert instead "to serve a notice". 36
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Minor amendments Schedule 1
Commencement 1
The amendments to the Radiation Control Amendment Act 2010 commence, or are 2
taken to have commenced, immediately before the commencement of Schedule 1 [6] 3
to the Radiation Control Amendment Act 2010. 4
Explanatory note 5
Item [1] of the proposed amendments to the Radiation Control Amendment Act 2010 6
(the amending Act) amends Schedule 1 [6] to the amending Act (which inserts a 7
proposed new section 18 into the Radiation Control Act 1990 (the Principal Act)) to 8
provide that the Environment Protection Authority (the Authority) or a person 9
authorised by the Authority may serve a notice on a person if the Authority or person 10
authorised believes on reasonable grounds that the person is, or is likely to become, 11
responsible for certain contraventions. Currently, only an authorised officer may serve 12
such a notice under that section. Item [2] makes a consequential amendment. 13
Item [3] makes it clear that a person on whom a notice is served under proposed new 14
section 18 of the Principal Act may appeal to the District Court against the decision to 15
serve the notice, whether the decision is made by the Authority, or a person authorised 16
by the Authority, or by a public body authorised to exercise the functions of the 17
Authority under section 5A of the Principal Act (as inserted by Schedule 1 [4] to the 18
amending Act). 19
1.25 Real Property Act 1900 No 25 20
[1] Section 56C Confirmation of identity of mortgagor 21
Omit "the following" from section 56C (3). 22
[2] Section 56C (3) (a) 23
Insert "or" after "subsection (1),". 24
[3] Section 61 Application for foreclosure order 25
Insert after section 61 (1): 26
(1A) Prior to making an application under subsection (1), and subject 27
to subsection (2A), a notice in writing of the intention of the 28
mortgagee or covenant chargee to make the application must be 29
served in accordance with the provisions of section 170 (1) of the 30
Conveyancing Act 1919 on: 31
(a) the mortgagor or covenant charger, and 32
(b) all registered mortgagees, chargees or covenant chargees 33
under registered mortgages, charges or covenant charges 34
which have less priority than that of the applicant, and 35
(c) each caveator (if any) who claims as an unregistered 36
mortgagee or chargee to be entitled to an estate or interest 37
in the land mortgaged or charged. 38
[4] Section 61 (2) (b) 39
Insert "(unless dispensed with under section 58A)" after "notice was given". 40
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Schedule 1 Minor amendments
[5] Section 61 (2) (d) 1
Omit the paragraph. Insert instead: 2
(d) that notice in writing of the intention of the mortgagee or 3
covenant chargee to make the application has been served 4
in accordance with this section. 5
[6] Section 61 (5) 6
Omit the subsection. 7
[7] Section 74N Service of notices on caveators for purposes of Part 8
Omit section 74N (1) (b) (i). Insert instead: 9
(i) the address for service of notices specified in the 10
caveat under section 74B (2) (b) (vi) or 74F (5) (b) 11
(viii), or 12
Explanatory note 13
Items [1] and [2] of the proposed amendments to the Real Property Act 1900 provide 14
that a mortgagee will satisfy a certain record-keeping requirement if the mortgagee 15
keeps for 7 years from the date of registration of a mortgage either a written record of 16
the steps taken, or a copy of any document obtained, by the mortgagee to confirm the 17
identity of the mortgagor. It amends the current requirement to keep both, in line with 18
the record-keeping requirements of the Anti-Money Laundering and Counter-Terrorism 19
Financing Act 2006 of the Commonwealth. 20
Item [3] makes it clear that a notice of a mortgagee's or covenant chargee's intention 21
to make an application for a foreclosure order must be served on various parties in 22
accordance with the Conveyancing Act 1919. Item [5] makes a consequential 23
amendment. 24
Items [4] and [6] together restate an existing exception relating to the giving of notice 25
of intended foreclosure. 26
Item [7] clarifies that the correct address for service of a notice on a caveator is an 27
address specified in the caveat lodged with the Registrar-General at which notices may 28
be served on the caveator. 29
1.26 Residential Tenancies Act 2010 No 42 30
[1] Section 102 Termination of agreement or co-tenancies by Tribunal 31
Insert "or former co-tenant" after "co-tenant" wherever occurring in 32
section 102 (1) and (4). 33
[2] Section 102 (3) 34
Insert "or former co-tenants" after "co-tenants". 35
[3] Section 126 Application and interpretation 36
Insert "(other than section 134 (2A))" after "Division" in section 126 (1). 37
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Minor amendments Schedule 1
[4] Section 134 Orders by Tribunal relating to goods 1
Insert after section 134 (2): 2
(2A) The Tribunal may, on application by a former co-tenant, make an 3
order requiring a tenant or co-tenant, or a tenant or co-tenant's 4
agent, to deliver goods left behind on residential premises by the 5
former co-tenant after the co-tenant vacated the premises (in 6
circumstances where one or more other tenants or co-tenants 7
continue to occupy the premises) into the former co-tenant's 8
possession. 9
Explanatory note 10
Items [1] and [2] of the proposed amendments to the Residential Tenancies Act 2010 11
(the Act) extend to former co-tenants the right to apply to the Consumer, Trader and 12
Tenancy Tribunal for an order terminating the tenancy of the former co-tenant, or 13
another co-tenant or former co-tenant, under a residential tenancy agreement, an order 14
terminating the residential tenancy agreement or any necessary ancillary order. At 15
present, only a current co-tenant has those rights under section 102 of the Act. 16
Items [3] and [4] provide that the Tribunal may make an order requiring a tenant or 17
co-tenant, or a tenant or co-tenant's agent, to deliver to a former co-tenant goods left 18
behind on residential premises by the former co-tenant after vacating the premises (in 19
circumstances where one or more other tenants or co-tenants continue to occupy the 20
premises). A similar provision currently exists in relation to goods left by former tenants 21
on abandoned premises. 22
1.27 Retirement Villages Act 1999 No 81 23
[1] Section 102A 24
Insert before section 103: 25
102A Meaning of "prescribed CPI variation" 26
(1) In relation to a proposed variation in recurrent charges that is the 27
first variation under a village contract, the prescribed CPI 28
variation is, for the purposes of this Division, the variation that 29
would result from the recurrent charges being increased in 30
proportion to the difference between: 31
(a) the Consumer Price Index published most recently before 32
the village contract was entered into, and 33
(b) the Consumer Price Index published most recently before 34
the written notice of the proposed variation is given, 35
rounded to the nearest dollar. 36
(2) In relation to a proposed variation in recurrent charges that is not 37
the first variation under a village contract, the prescribed CPI 38
variation is, for the purposes of this Division, the variation that 39
would result from the recurrent charges being increased in 40
proportion to the difference between: 41
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Schedule 1 Minor amendments
(a) the Consumer Price Index published most recently before 1
those charges were last varied, and 2
(b) the Consumer Price Index published most recently before 3
the written notice of the proposed variation is given, 4
rounded to the nearest dollar. 5
[2] Section 105A Recurrent charges varied otherwise than by a fixed 6
formula--not exceeding variation in CPI 7
Omit section 105A (1) (b). Insert instead: 8
(b) the variation does not exceed the prescribed CPI variation. 9
[3] Section 105A (2) 10
Omit the subsection. 11
[4] Section 106 Recurrent charges varied otherwise than by a fixed 12
formula--exceeding variation in CPI 13
Omit section 106 (1) (b). Insert instead: 14
(b) the variation exceeds the prescribed CPI variation. 15
[5] Section 106 (1A) 16
Omit the subsection. 17
[6] Section 106 (2) (c) 18
Omit "variation in the Consumer Price Index". 19
Insert instead "prescribed CPI variation". 20
[7] Section 180 Payments to former occupants who were registered interest 21
holders 22
Insert before section 180 (1): 23
Note. This section deals with payments to such former occupants of 24
residential premises following the sale of the premises. The sale of 25
premises includes: 26
(a) in the case where the former occupant was the registered 27
proprietor of land, the owner of a lot in a strata scheme or the 28
proprietor of a lot in a community land scheme and as such had 29
a residence right in respect of residential premises--the sale of 30
that land or interest in that land, and 31
(b) in the case where the former occupant was the owner of shares 32
in a company title scheme that gave rise to a residence right in 33
respect of residential premises-- the sale of that residence right 34
(see section 4 (3)), and 35
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Minor amendments Schedule 1
(c) in the case where the former occupant's residence contract was 1
in the form of a registered long term lease that included a 2
provision that entitled the former occupant to at least 50% of any 3
capital gain--the sale of that residence right (see section 150). 4
[8] Schedule 1 Consent of residents 5
Omit "(including a measure or action that requires a special resolution)" from 6
clause 3 (1). 7
Insert instead "other than a measure or action that requires a special 8
resolution". 9
Explanatory note 10
Items [1]-[6] of the proposed amendments to the Retirement Villages Act 1999 provide 11
for the calculation of the CPI variation in recurrent charges payable under a village 12
contract in circumstances where there has not previously been a variation. In such 13
cases, movements in the Consumer Price Index since the village contract was entered 14
into will be taken into account. (The current provisions only specify how to calculate the 15
CPI variation in cases where there has been a previous variation of recurrent charges.) 16
Item [7] clarifies the meaning of the expression "sale of the premises" in a provision 17
about payments to former occupants who were registered interest holders. The 18
proposed amendment inserts a note that the sale of premises includes the sale of 19
shares in a company title scheme or the sale of a residence right under a registered 20
long term lease that included a provision that entitled the holder of the residence right 21
to at least 50% of any capital gain. 22
Item [8] amends a provision that incorrectly provides that a vote in relation to a measure 23
or action that requires a special resolution may be taken by a show of hands. (Clause 5 24
of Schedule 1 sets out the correct procedure, which is that a special resolution requires 25
a ballot conducted in accordance with the regulations.) 26
1.28 Southern Cross University Act 1993 No 69 27
[1] Section 28 Seal of University 28
Insert at the end of the section: 29
Note. Documents requiring authentication may be sufficiently 30
authenticated without a seal in accordance with section 50 (3) of the 31
Interpretation Act 1987. 32
[2] Schedule 2A Duties of Council members 33
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 34
"section 21G" in clause 5 (7). 35
Explanatory note 36
Item [1] of the proposed amendments to the Southern Cross University Act 1993 (the 37
Act) inserts a note to make it clear that documents requiring authentication may be 38
sufficiently authenticated without a seal in accordance with section 50 (3) of the 39
Interpretation Act 1987. 40
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 41
of the Council of Southern Cross University (the Council) from taking part in any 42
deliberation or decision of the Council with respect to a matter in which the member has 43
a material interest. The amendment makes it clear that the provision does not prevent 44
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Schedule 1 Minor amendments
the member from taking part in any consideration, discussion or voting with respect to 1
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 2
1.29 Strata Schemes Management Act 1996 No 138 3
Section 216 Annual report of Director-General 4
Omit the section. 5
Explanatory note 6
The proposed amendment to the Strata Schemes Management Act 1996 removes the 7
requirement for the Commissioner for Fair Trading to prepare an annual report for the 8
Minister for Fair Trading of the operations of the Commissioner under that Act. The 9
report on the operations of the Commissioner will instead be included in the annual 10
report of the Department of Finance and Services prepared under the Annual Reports 11
(Departments) Act 1985. 12
1.30 Subordinate Legislation Act 1989 No 146 13
[1] Section 10A Certain statutory rules to remain in force 14
Omit section 10A (1A). Insert instead: 15
(1) Despite the other provisions of this Part, unless sooner repealed, 16
a statutory rule listed in Schedule 5 remains in force until the date 17
specified in that Schedule for the rule or, if more than one date is 18
so specified, the later of those dates. 19
[2] Section 10A (3) 20
Omit the subsection. 21
[3] Schedule 5 22
Insert after Schedule 4: 23
Schedule 5 Further postponement of repeal of 24
certain statutory rules 25
(Section 10A (1)) 26
1 Postponement of statutory rules due for repeal in 2013 27
The following statutory rules remain in force until 1 September 28
2014, unless sooner repealed: 29
(a) Aboriginal Land Rights Regulation 2002, 30
(b) Adoption Regulation 2003, 31
(c) Electricity Supply (General) Regulation 2001, 32
(d) Employment Protection Regulation 2001, 33
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Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
(e) Environmental Planning and Assessment Regulation 1
2000, 2
(f) Gas Supply (Natural Gas Retail Competition) Regulation 3
2001, 4
(g) Industrial Relations (General) Regulation 2001, 5
(h) Property, Stock and Business Agents Regulation 2003, 6
(i) Road Transport (Safety and Traffic Management) 7
Regulation 1999. 8
Commencement 9
Item [2] of the amendments commences on 2 September 2013. 10
Explanatory note 11
The proposed amendments to the Subordinate Legislation Act 1989 (the Act) have the 12
effect of keeping a number of regulations in force for a further period of one year after 13
the date on which they would otherwise be repealed by the Act. However, any of the 14
regulations may be repealed sooner by other legislation. 15
This is necessary as the regulations have each been postponed on at least 5 occasions 16
and are now due to be repealed by the Act on 1 September 2013. 17
Each of the regulations continues to be required and the repeal of each of the 18
regulations is to be further postponed until 1 September 2014 for the following reasons: 19
(a) The Department of Education and Communities is currently undertaking a 20
review of the Aboriginal Land Rights Act 1983 that may result in amendments 21
to that Act. It is proposed to await the outcome of that review before remaking 22
the Aboriginal Land Rights Regulation 2002. 23
(b) The Department of Family and Community Services is undertaking a review of 24
child protection legislation and it is anticipated that consequential amendments 25
to the Adoption Act 2000 may be required. It is proposed to await the outcome 26
of that review before remaking the Adoption Regulation 2003. 27
(c) The Ministerial Council on Energy is currently undertaking a national energy 28
market reform program which is expected to result in significant regulatory 29
changes to areas that are dealt with by the Electricity Supply (General) 30
Regulation 2001 and the Gas Supply (Natural Gas Retail Competition) 31
Regulation 2001. It is therefore proposed to await these changes before 32
remaking these regulations. 33
(d) The Department of Finance and Services is proposing to undertake a full review 34
of the Industrial Relations Act 1996 and the Employment Protection Act 1982 as 35
a consequence of the operation of the Fair Work Act 2009 of the 36
Commonwealth and the referral of certain matters relating to industrial relations 37
to the Commonwealth. In light of this, it is considered to be premature to remake 38
the Employment Protection Regulation 2001 and the Industrial Relations 39
(General) Regulation 2001. 40
(e) The Department of Planning and Infrastructure is currently preparing a new 41
planning bill to repeal and replace the Environmental Planning and Assessment 42
Act 1979 (and consequently repeal the Environmental Planning and 43
Assessment Regulation 2000). It is therefore proposed to postpone the repeal 44
of the Environmental Planning and Assessment Regulation 2000 under the 45
Subordinate Legislation Act 1989 pending the replacement regime taking effect. 46
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Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
(f) Proposed national regulations under the Occupational Licensing National Law 1
relating to property occupations are due to be made later in 2013. It is proposed 2
to postpone remaking the Property, Stock and Business Agents Regulation 3
2003 until after those national regulations are made. 4
(g) The Road Transport (Safety and Traffic Management) Regulation 1999 is due 5
to be repealed on the commencement of Schedule 1 to the Road Transport 6
Legislation (Repeal and Amendment) Act 2013. 7
The proposed amendments also simplify the structure of the Act by placing these 8
postponements in a new schedule to the Act (rather than in section 10A of the Act, as 9
is currently the case) and by repealing spent provisions. 10
1.31 Sydney Cricket and Sports Ground Act 1978 No 72 11
[1] Schedule 4 12
Omit the heading. Insert instead: 13
Schedule 4 Savings, transitional and other 14
provisions 15
[2] Schedule 4, Part 4 16
Insert after Part 3: 17
Part 4 Rugby League Central 18
11 Granting of lease 19
The Trust may lease to National Rugby League Limited 20
approximately 1,200 square metres of land, consisting of that part 21
of the designated land described as the "Site" in the licence 22
granted by the Trust to National Rugby League Limited on 23
31 August 2010, for a total period (including any option for the 24
grant of a further term after an initial term has expired) not 25
exceeding 80 years. 26
Explanatory note 27
Item [2] of the proposed amendments will enable the Sydney Cricket and Sports 28
Ground Trust to lease land for a total period not exceeding 80 years to National Rugby 29
League Limited in respect of the National Rugby League headquarters at Moore Park. 30
Item [1] is a consequential amendment. 31
1.32 Sydney Water Catchment Management Act 1998 No 171 32
[1] Section 35 Definition 33
Omit "Department of Health" from paragraph (a) of the definition of 34
regulatory agencies. 35
Insert instead "Ministry of Health". 36
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Minor amendments Schedule 1
[2] Section 35, paragraph (b) of the definition of "regulatory agencies" 1
Omit "Director-General of the Department of Environment and Climate 2
Change". 3
Insert instead "Chief Executive of the Office of Environment and Heritage". 4
[3] Section 35, paragraph (b) of the definition of "regulatory agencies" 5
Omit "Department of Industry and Investment". 6
Insert instead "Department of Trade and Investment, Regional Infrastructure 7
and Services". 8
[4] Section 43 Definitions 9
Omit "Director-General of the Department of Environment and Climate 10
Change" from the definition of joint sponsors. 11
Insert instead "Chief Executive of the Office of Environment and Heritage". 12
[5] Section 72 13
Insert after section 71: 14
72 Delegation 15
The Minister may delegate the exercise of any function of the 16
Minister under this Act (other than this power of delegation) to: 17
(a) the Chief Executive or any member of staff of the Sydney 18
Catchment Authority Division, or 19
(b) any person, or any class of persons, authorised for the 20
purposes of this section by the regulations. 21
Explanatory note 22
Item [5] of the proposed amendments to the Sydney Water Catchment Management 23
Act 1998 (the Act) allows the Minister administering the Act (currently the Minister for 24
Regional Infrastructure and Services jointly with the Minister for Primary Industries) to 25
delegate the exercise of any of the Minister's functions under the Act (other than this 26
power of delegation) to the Chief Executive of the Sydney Catchment Authority, any 27
member of staff of the Sydney Catchment Authority Division or certain persons 28
authorised by regulations made under the Act. 29
Items [1]-[4] update references to Government agencies and heads of agencies as a 30
consequence of departmental restructuring. 31
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Schedule 1 Minor amendments
1.33 Tattoo Parlours Act 2012 No 32 1
Section 36A 2
Insert after section 36: 3
36A Certificate evidence 4
(1) A certificate purporting to have been signed by the 5
Director-General and stating any of the following is admissible in 6
evidence in any proceedings and is evidence of the matters stated: 7
(a) that on a specified day, or during a specified period, a 8
specified person was, or was not, the holder of a licence, 9
(b) that on a specified day a licence formerly held by a 10
specified person had been cancelled or surrendered, 11
(c) that on a specified day, or during a specified period, a 12
licence held by a specified person was suspended, 13
(d) that on a specified day, or during a specified period, a 14
licence held by a specified person was subject to specified 15
conditions, 16
(e) that on a specified day, or during a specified period, 17
specified premises were, or were not, licensed premises, 18
(f) that on a specified day, or during a specified period, a 19
specified person was, or was not, the holder of a permit 20
issued under the regulations, 21
(g) that on a specified day a permit issued under the 22
regulations that was formerly held by a specified person 23
had been revoked or had expired, 24
(h) that on a specified day, or during a specified period, a 25
permit issued under the regulations and held by a specified 26
person was subject to specified conditions. 27
(2) A certificate purporting to have been signed by the 28
Commissioner and stating that on a specified day, or during a 29
specified period, specified premises were, or were not, subject to 30
an interim closure order, is admissible in evidence in any 31
proceedings and is evidence of the matters stated. 32
Explanatory note 33
The proposed amendment to the Tattoo Parlours Act 2012 provides that the 34
Commissioner for Fair Trading or Commissioner of Police may issue certificates 35
(relating to licences, permits and interim closure orders) that are admissible in evidence 36
in any proceedings as evidence of the truth of the statements they contain. 37
The admission of such certificates into evidence means that those matters will not need 38
to be proven in any court or tribunal proceedings, unless a doubt is raised about a 39
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Minor amendments Schedule 1
matter stated in the certificate. The proposed amendment is consistent with evidentiary 1
provisions of other Acts that create a licensing or registration regime. 2
1.34 Travel Agents Act 1986 No 5 3
Section 57 Regulations 4
Insert "(including any substitution of the trust deed)" after "trust deed" in 5
section 57 (2) (c). 6
Explanatory note 7
The proposed amendment to the Travel Agents Act 1986 (the Act) clarifies a 8
regulation-making power relating to the amendment of the trust deed that establishes 9
a scheme for compensation under the Act. The scheme, which is set out in Schedule 1 10
to the Travel Agents Regulation 2011, compensates persons who suffer pecuniary loss 11
as a result of the acts or omissions of travel agents. The amendment makes it clear that 12
the amendments of the trust deed which may be incorporated from time to time (by 13
regulations amending that Schedule) include any substitution of the trust deed. 14
1.35 University of New England Act 1993 No 68 15
[1] Section 27 Seal of University 16
Insert at the end of the section: 17
Note. Documents requiring authentication may be sufficiently 18
authenticated without a seal in accordance with section 50 (3) of the 19
Interpretation Act 1987. 20
[2] Schedule 2A Duties of Council members 21
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 22
"section 21G" in clause 5 (7). 23
Explanatory note 24
Item [1] of the proposed amendments to the University of New England Act 1993 (the 25
Act) inserts a note to make it clear that documents requiring authentication may be 26
sufficiently authenticated without a seal in accordance with section 50 (3) of the 27
Interpretation Act 1987. 28
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 29
of the Council of the University of New England (the Council) from taking part in any 30
deliberation or decision of the Council with respect to a matter in which the member has 31
a material interest. The amendment makes it clear that the provision does not prevent 32
the member from taking part in any consideration, discussion or voting with respect to 33
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 34
1.36 University of New South Wales Act 1989 No 125 35
[1] Section 26 Seal of University 36
Insert at the end of the section: 37
Note. Documents requiring authentication may be sufficiently 38
authenticated without a seal in accordance with section 50 (3) of the 39
Interpretation Act 1987. 40
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Schedule 1 Minor amendments
[2] Schedule 2A Duties of Council members 1
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 2
"section 20G" in clause 5 (7). 3
Explanatory note 4
Item [1] of the proposed amendments to the University of New South Wales Act 1989 5
(the Act) inserts a note to make it clear that documents requiring authentication may 6
be sufficiently authenticated without a seal in accordance with section 50 (3) of the 7
Interpretation Act 1987. 8
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 9
of the Council of the University of New South Wales (the Council) from taking part in 10
any deliberation or decision of the Council with respect to a matter in which the member 11
has a material interest. The amendment makes it clear that the provision does not 12
prevent the member from taking part in any consideration, discussion or voting with 13
respect to the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 14
1.37 University of Newcastle Act 1989 No 68 15
[1] Section 27 Seal of University 16
Insert at the end of the section: 17
Note. Documents requiring authentication may be sufficiently 18
authenticated without a seal in accordance with section 50 (3) of the 19
Interpretation Act 1987. 20
[2] Schedule 2A Duties of Council members 21
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 22
"section 21G" in clause 5 (7). 23
Explanatory note 24
Item [1] of the proposed amendments to the University of Newcastle Act 1989 (the Act) 25
inserts a note to make it clear that documents requiring authentication may be 26
sufficiently authenticated without a seal in accordance with section 50 (3) of the 27
Interpretation Act 1987. 28
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 29
of the Council of the University of Newcastle (the Council) from taking part in any 30
deliberation or decision of the Council with respect to a matter in which the member has 31
a material interest. The amendment makes it clear that the provision does not prevent 32
the member from taking part in any consideration, discussion or voting with respect to 33
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 34
1.38 University of Sydney Act 1989 No 124 35
[1] Section 35 Seal of University 36
Insert at the end of the section: 37
Note. Documents requiring authentication may be sufficiently 38
authenticated without a seal in accordance with section 50 (3) of the 39
Interpretation Act 1987. 40
Page 30
Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
[2] Schedule 2A Duties of Fellows 1
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 2
"section 26G" in clause 5 (7). 3
Explanatory note 4
Item [1] of the proposed amendments to the University of Sydney Act 1989 (the Act) 5
inserts a note to make it clear that documents requiring authentication may be 6
sufficiently authenticated without a seal in accordance with section 50 (3) of the 7
Interpretation Act 1987. 8
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 9
of the Senate of the University of Sydney (the Senate) from taking part in any 10
deliberation or decision of the Senate with respect to a matter in which the member has 11
a material interest. The amendment makes it clear that the provision does not prevent 12
the member from taking part in any consideration, discussion or voting with respect to 13
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 14
1.39 University of Technology, Sydney, Act 1989 No 69 15
[1] Section 27 Seal of University 16
Insert at the end of the section: 17
Note. Documents requiring authentication may be sufficiently 18
authenticated without a seal in accordance with section 50 (3) of the 19
Interpretation Act 1987. 20
[2] Schedule 2A Duties of Council members 21
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 22
"section 21G" in clause 5 (7). 23
Explanatory note 24
Item [1] of the proposed amendments to the University of Technology, Sydney, Act 25
1989 (the Act) inserts a note to make it clear that documents requiring authentication 26
may be sufficiently authenticated without a seal in accordance with section 50 (3) of the 27
Interpretation Act 1987. 28
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 29
of the Council of the University of Technology, Sydney (the Council) from taking part 30
in any deliberation or decision of the Council with respect to a matter in which the 31
member has a material interest. The amendment makes it clear that the provision does 32
not prevent the member from taking part in any consideration, discussion or voting with 33
respect to the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 34
1.40 University of Western Sydney Act 1997 No 116 35
[1] Section 39 Seal of University 36
Insert at the end of the section: 37
Note. Documents requiring authentication may be sufficiently 38
authenticated without a seal in accordance with section 50 (3) of the 39
Interpretation Act 1987. 40
Page 31
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 1 Minor amendments
[2] Schedule 2A Duties of Board members 1
Insert "or the person's remuneration pursuant to clause 11 of Schedule 1" after 2
"section 32G" in clause 5 (7). 3
Explanatory note 4
Item [1] of the proposed amendments to the University of Western Sydney Act 1997 5
(the Act) inserts a note to make it clear that documents requiring authentication may 6
be sufficiently authenticated without a seal in accordance with section 50 (3) of the 7
Interpretation Act 1987. 8
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 9
of the Board of Trustees of the University of Western Sydney (the Board) from taking 10
part in any deliberation or decision of the Board with respect to a matter in which the 11
member has a material interest. The amendment makes it clear that the provision does 12
not prevent the member from taking part in any consideration, discussion or voting with 13
respect to the member's remuneration pursuant to clause 11 of Schedule 1 to the Act. 14
1.41 University of Wollongong Act 1989 No 127 15
[1] Section 27 Seal of University 16
Insert at the end of the section: 17
Note. Documents requiring authentication may be sufficiently 18
authenticated without a seal in accordance with section 50 (3) of the 19
Interpretation Act 1987. 20
[2] Schedule 2A Duties of Council members 21
Insert "or the person's remuneration pursuant to clause 10 of Schedule 1" after 22
"section 21G" in clause 5 (7). 23
Explanatory note 24
Item [1] of the proposed amendments to the University of Wollongong Act 1989 (the 25
Act) inserts a note to make it clear that documents requiring authentication may be 26
sufficiently authenticated without a seal in accordance with section 50 (3) of the 27
Interpretation Act 1987. 28
Item [2] makes a clarifying amendment to a provision of the Act prohibiting a member 29
of the Council of the University of Wollongong (the Council) from taking part in any 30
deliberation or decision of the Council with respect to a matter in which the member has 31
a material interest. The amendment makes it clear that the provision does not prevent 32
the member from taking part in any consideration, discussion or voting with respect to 33
the member's remuneration pursuant to clause 10 of Schedule 1 to the Act. 34
1.42 Water Efficiency Labelling and Standards (New South 35
Wales) Act 2005 No 12 36
Section 10 Object of this Part 37
Insert at the end of the section: 38
(3) For the purposes of this Part, offences include contraventions for 39
which a civil penalty may be imposed. 40
Page 32
Statute Law (Miscellaneous Provisions) Bill 2013
Minor amendments Schedule 1
Explanatory note 1
The proposed amendment to the Water Efficiency Labelling and Standards (New South 2
Wales) Act 2005 (the Act) provides, for the purposes of Part 4 of the Act, that an 3
offence includes a contravention for which a civil penalty may be imposed. Part 4 of the 4
Act provides for an offence against the provisions of the Water Efficiency Labelling and 5
Standards Act 2005 of the Commonwealth (the Commonwealth Act), which is applied 6
by the Act as a law of New South Wales, to be treated as if it were an offence against 7
a law of the Commonwealth. Since the enactment of the Commonwealth Act, the 8
Commonwealth has enacted the Water Efficiency Labelling and Standards 9
Amendment (Scheme Enhancements) Act 2012, which introduces civil penalties as an 10
alternative to criminal offences. 11
Page 33
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Adoption Act 2000 No 75 3
[1] Section 124A (3), definition of "Guardian Ad Litem Panel" 4
Omit "Department of Justice and Attorney General". 5
Insert instead "Department of Attorney General and Justice". 6
[2] Dictionary, definitions of "Department", "designated person" and 7
"information source" 8
Omit "Department of Community Services" wherever occurring. 9
Insert instead "Department of Family and Community Services". 10
[3] Dictionary, paragraph (d) of definition of "designated person" and 11
paragraph (b) of definition of "information source" 12
Omit "Department of Health" and "of the Department" wherever occurring. 13
Insert instead "Ministry of Health" and "of the Ministry", respectively. 14
[4] Dictionary, definition of "Director-General" 15
Omit "of Community Services". 16
Explanatory note 17
The proposed amendments update references to Government Departments. 18
2.2 Baptist Churches of New South Wales Property Trust Act 19
1984 No 4 20
Section 4 (1), definition of "deacon" 21
Omit "by the Baptist Union" wherever occurring. 22
Commencement 23
The amendment to the Baptist Churches of New South Wales Property Trust Act 1984 24
commences on the date of assent to the Baptist Churches of New South Wales 25
Property Trust Amendment Act 2013 or 5 July 2013, whichever is the later. 26
Explanatory note 27
The proposed amendment corrects inconsistent terminology. 28
Page 34
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
2.3 Blayney Local Environmental Plan 2012 1
Schedule 5, Part 2 2
Omit "heritage map" from the heading to the second column. 3
Insert instead "Heritage Map". 4
Explanatory note 5
The proposed amendment corrects a reference to a defined map. 6
2.4 Boarding Houses Act 2012 No 74 7
Schedule 2, clause 5 (4) (a) 8
Omit "the YSC Act". Insert instead "the YCS Act". 9
Explanatory note 10
The proposed amendment corrects a typographical error. 11
2.5 Children and Young Persons (Care and Protection) Act 1998 12
No 157 13
[1] Section 3, definition of "Department" 14
Omit "Department of Community Services". 15
Insert instead "Department of Family and Community Services". 16
[2] Section 27A (1), paragraph (d) of the definition of "relevant agency" 17
and (11) 18
Omit "Department of Health" wherever occurring. 19
Insert instead "Ministry of Health". 20
[3] Section 27A, paragraph (g) of the definition of "relevant agency" 21
Omit "Department of Human Services". 22
Insert instead "Department of Family and Community Services". 23
[4] Section 78A (4) (e) 24
Omit "Minister for Community Services". 25
Insert instead "Minister for Family and Community Services". 26
[5] Section 101A (3), definition of "Guardian Ad Litem Panel" 27
Omit "Department of Justice and Attorney General". 28
Insert instead "Department of Attorney General and Justice". 29
Page 35
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendments update references to Government Departments and a 2
Minister. 3
2.6 Clarence Valley Local Environmental Plan 2011 4
Schedule 5, matter relating to item I412 5
Omit "Calyspso". Insert instead "Calypso". 6
Explanatory note 7
The proposed amendment corrects a typographical error. 8
2.7 Consumer, Trader and Tenancy Tribunal Act 2001 No 82 9
[1] Section 5 (2), note 10
Insert in alphabetical order: 11
Boarding Houses Act 2012 12
[2] Schedule 1 Divisions of the Tribunal 13
Insert after clause 1 (a) (iA): 14
(iB) occupancy principles disputes under the Boarding 15
Houses Act 2012, and 16
Explanatory note 17
The proposed amendments make changes consequential on the enactment of the 18
Boarding Houses Act 2012. Item [1] of the proposed amendments updates a note 19
listing the Acts that confer jurisdiction on the Consumer, Trader and Tenancy Tribunal 20
(the Tribunal), to include the Boarding Houses Act 2012 (which confers jurisdiction on 21
the Tribunal). 22
Item [2] makes it clear that the Tribunal's jurisdiction in respect of disputes under the 23
Boarding Houses Act 2012 is to be exercised in the General Division of the Tribunal. 24
2.8 Coonabarabran Local Environmental Plan 1990 25
Clause 17 (2) (b) 26
Omit "reasonbly". Insert instead "reasonably". 27
Explanatory note 28
The proposed amendment corrects a spelling error. 29
2.9 Crime Commission Act 2012 No 66 30
Section 25 Failure of witnesses to attend and answer questions etc 31
Insert at the end of the section: 32
Maximum penalty: 20 penalty units or imprisonment for 2 years, 33
or both. 34
Page 36
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment specifies the penalty for an existing offence. The penalty is 2
the penalty that applied to the same offence under section 18 of the New South Wales 3
Crime Commission Act 1985 (when that Act was in force). When that Act was replaced 4
by the Crime Commission Act 2012, section 18 was divided into 2 provisions 5
(sections 25 and 37). Due to a drafting oversight, the penalty was moved to section 37 6
and not replicated in section 25. 7
2.10 Dams Safety Act 1978 No 96 8
Schedule 1, matter relating to Horningsea Park Detention Basin 9
Omit "Tributory". Insert instead "Tributary". 10
Explanatory note 11
The proposed amendment corrects a spelling error. 12
2.11 Environmental Planning and Assessment Regulation 2000 13
Clause 136E (1) (a) 14
Omit "clause 318 of the Occupational Health and Safety Regulation 2001". 15
Insert instead "clause 458 of the Work Health and Safety Regulation 2011". 16
Explanatory note 17
The proposed amendment updates a cross-reference. 18
2.12 Government Property NSW Act 2006 No 40 19
Schedule 1, matter relating to 79 George Street under the heading 20
Leases 21
Omit "Parrarnatta". Insert instead "Parramatta". 22
Explanatory note 23
The proposed amendment corrects a spelling error. 24
2.13 Guyra Local Environmental Plan 2012 25
Schedule 2, clause relating to Signage--business identification signs in 26
industrial zones 27
Omit "centerline" from paragraph (d). Insert instead "centreline". 28
Explanatory note 29
The proposed amendment corrects a typographical error. 30
2.14 Holroyd Local Environmental Plan 2013 31
Clause 4.4 (2B) 32
Omit "where:". Insert "where:" after the formula. 33
Page 37
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment inserts a missing word. 2
2.15 Hurstville Local Environmental Plan 2012 3
Schedule 2, clause relating to Signage--all signs 4
Omit "Codes 2008" from paragraph (d). Insert instead "Codes) 2008". 5
Explanatory note 6
The proposed amendment corrects a typographical error. 7
2.16 Interpretation Act 1987 No 15 8
Section 21 (1), definition of "ASIC Regulations" 9
Insert "of the Commonwealth" after "2001" in paragraph (b). 10
Explanatory note 11
The proposed amendment clarifies a reference to a Commonwealth Act. 12
2.17 Kogarah Local Environmental Plan 2012 13
Schedule 5, matter relating to item I55 14
Insert "Local" in the column headed "Significance". 15
Explanatory note 16
The proposed amendment inserts a missing word. 17
2.18 Land and Environment Court Act 1979 No 204 18
[1] Section 20 (1) (cg) 19
Omit "section 176A". Insert instead "section 193". 20
[2] Section 20 (1) (ck) 21
Omit "section 147". Insert instead "section 141F". 22
Explanatory note 23
The proposed amendments update references to sections that have been renumbered. 24
2.19 Manly Local Environmental Plan 2013 25
Schedule 5, Part 2 26
Omit "heritage map" from the heading to the second column. 27
Insert instead "Heritage Map". 28
Explanatory note 29
The proposed amendment corrects a reference to a defined map. 30
Page 38
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
2.20 Newcastle Local Environmental Plan 2012 1
[1] Clause 7.10 2
Renumber clause 7.10 (3)-(7) as clause 7.10 (2)-(6). 3
[2] Clause 7.10 (2) (a) (as renumbered by item [1]) 4
Omit "subclause (2)". Insert instead "subclause (1)". 5
[3] Clause 7.10 (2) (c) (as renumbered by item [1]) 6
Omit "subclause (6)". Insert instead "subclause (5)". 7
[4] Clause 7.10 (5) (as renumbered by item [1]) 8
Omit "subclauses (2)-(5)". Insert instead "subclauses (1)-(4)". 9
Explanatory note 10
The proposed amendments correct numbering and related cross-references. 11
2.21 Queanbeyan Local Environmental Plan 2012 12
[1] Clause 4.2B, note 13
Omit "Development) Codes". Insert instead "Development Codes)". 14
[2] Schedule 5, Part 1, matter relating to item I18 15
Omit "Steet". Insert instead "Street". 16
Explanatory note 17
The proposed amendments correct typographical errors. 18
2.22 Security Industry Act 1997 No 157 19
[1] Section 12 (3), note 20
Omit "Firearms (General) Regulation 1997". 21
Insert instead "Firearms Regulation 2006". 22
[2] Section 39C (1) 23
Omit "Security Industry Registry". 24
Insert instead "Security Licensing and Enforcement Directorate". 25
Explanatory note 26
Item [1] of the proposed amendments updates a reference to a Regulation. 27
Item [2] updates a reference to a body. 28
Page 39
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
2.23 Shellharbour Local Environmental Plan 2013 1
Dictionary, definition of "Additional Permitted Uses Map" 2
Omit "uses". Insert instead "Uses". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.24 State Environmental Planning Policy (Exempt and 6
Complying Development Codes) 2008 7
Clause 7.6 (2) 8
Omit "Occupational Health and Safety Regulation 2001". 9
Insert instead "Work Health and Safety Regulation 2011". 10
Explanatory note 11
The proposed amendment updates a cross-reference. 12
2.25 State Environmental Planning Policy (Infrastructure) 2007 13
Clause 129 (2) (c), note 14
Omit "Emergency". Insert instead "Temporary". 15
Explanatory note 16
The proposed amendment updates a reference relating to the Coastal Protection Act 17
1979. 18
2.26 State Environmental Planning Policy (Sydney Region 19
Growth Centres) 2006 20
Clause 21 (4) 21
Renumber paragraph (g) (as inserted by State Environmental Planning Policy 22
(Sydney Region Growth Centres) Amendment (The Hills Growth Centre 23
Precincts) 2013) as paragraph (j). 24
Explanatory note 25
The proposed amendment corrects duplicated provision numbering. 26
2.27 State Environmental Planning Policy (Western Sydney 27
Parklands) 2009 28
Clause 14A (4) 29
Omit "clause" where lastly occurring. Insert instead "Policy". 30
Explanatory note 31
The proposed amendment corrects a cross-reference. 32
Page 40
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
2.28 Strathfield Local Environmental Plan 2012 1
Clause 4.4C, table 2
Omit "> 1,000". Insert instead " 1,000". 3
Explanatory note 4
The proposed amendment corrects a typographical error. 5
2.29 Sydney Local Environmental Plan 2012 6
Schedule 5, matter relating to Dawes Point 7
Omit "Street)" including" wherever occurring in the matters relating to 82-86 8
and 82-88 Windmill Street. 9
Insert instead "Street) including". 10
Explanatory note 11
The proposed amendment corrects typographical errors. 12
2.30 Tenterfield Local Environmental Plan 2013 13
Schedule 2, matter relating to Signage--signs on business or industrial 14
premises 15
Omit "and" from subclause (2) (d). 16
Explanatory note 17
The proposed amendment removes an unnecessary word. 18
2.31 The Hills Local Environmental Plan 2012 19
[1] Clause 7.7 (1) 20
Omit "architectual". Insert instead "architectural". 21
[2] Schedule 5, Part 3, heading 22
Omit "Archaelogical". Insert instead "Archaeological". 23
Explanatory note 24
The proposed amendments correct spelling errors. 25
2.32 Transport Administration Act 1988 No 109 26
Schedule 7, clauses 188 (4) and 189 (4) 27
Omit "Transport for New South Wales" wherever occurring. 28
Insert instead "Transport for NSW". 29
Explanatory note 30
The proposed amendment corrects a reference to a Government agency. 31
Page 41
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
2.33 Transport Administration (General) Regulation 2005 1
[1] Clause 35 2
Omit "the RTA" wherever occurring. Insert instead "RMS". 3
[2] Clause 35 (1) (f) 4
Omit "ANVIS agreement". Insert instead "DVRS agreement". 5
[3] Clause 35 (2) 6
Omit "ANVIS agreement" and "Authorised New Vehicle Inspection 7
Scheme". 8
Insert instead "DVRS agreement" and "Dealer Vehicle Registration Scheme", 9
respectively. 10
Explanatory note 11
Item [1] of the proposed amendments updates references to a body. 12
Items [2] and [3] update the name of an agreement authorising the performance of 13
functions relating to vehicle registration. 14
2.34 Walcha Local Environmental Plan 2012 15
Schedule 5, Parts 2 and 4 16
Omit "heritage map" wherever occurring in the headings to the second 17
columns. 18
Insert instead "Heritage Map". 19
Explanatory note 20
The proposed amendment corrects references to a defined map. 21
2.35 Water Sharing Plan for the Barwon-Darling Unregulated and 22
Alluvial Water Sources 2012 23
Clause 73 (2) (c) (ii) 24
Omit ", 2003". 25
Explanatory note 26
The proposed amendment removes redundant matter. 27
2.36 Water Sharing Plan for the Bellinger River Area Unregulated 28
and Alluvial Water Sources 2008 29
Clause 76 (2) 30
Omit "Part 11 of Division 4". Insert instead "Division 4 of Part 11". 31
Page 42
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment corrects a cross-reference. 2
2.37 Water Sharing Plan for the Central Coast Unregulated Water 3
Sources 2009 4
[1] Clause 47 (11) 5
Omit "amend". 6
[2] Clause 78 (1) (e) 7
Omit "add an". Insert instead "add a". 8
Explanatory note 9
Item [1] of the proposed amendments removes a redundant word. 10
Item [2] corrects a typographical error. 11
2.38 Water Sharing Plan for the Gwydir Unregulated and Alluvial 12
Water Sources 2012 13
Appendix 5 14
Omit "Pox". Insert instead "Box". 15
Explanatory note 16
The proposed amendment corrects a typographical error. 17
2.39 Water Sharing Plan for the Hunter Unregulated and Alluvial 18
Water Sources 2009 19
[1] Clause 38, note 20
Omit "applying a minimum". Insert instead "applying minimum". 21
[2] Clause 68 (2) 22
Omit "shall be subject to the same mandatory condition(s) imposed under 23
clause 76 of this Plan on an unregulated river access licence in the same water 24
source or management zone as the aquifer access licence." 25
Insert instead "shall, from year six of this Plan, be subject to the same access 26
rules as unregulated river access licences for the corresponding water source 27
or management zone specified in clause 19 of this Plan." 28
Explanatory note 29
Item [1] of the proposed amendments omits a redundant word. 30
Item [2] corrects an error in the form in which a previous amendment was made. 31
Page 43
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
2.40 Water Sharing Plan for the Lachlan Unregulated and Alluvial 1
Water Sources 2012 2
[1] Clause 4 (5) (d) 3
Omit "Murray-Darling". Insert instead "Murray Darling". 4
[2] Clause 49 (3) (b) and (f) 5
Omit "and" wherever occurring. 6
[3] Clause 53 (2), note 7
Omit "clauses". Insert instead "clause". 8
[4] Clause 57 (1) (c) 9
Omit "meters". Insert instead "metres". 10
[5] Clause 63 (k) 11
Omit "access that". Insert instead "access licence that". 12
[6] Clause 66 (1) (d), (h) and (i) 13
Omit "or" wherever lastly occurring. 14
[7] Clause 66 (1) (j) 15
Omit "nominates" where firstly occurring. Insert instead "nominate". 16
[8] Clause 72 (2) (c) (ii) 17
Omit ", 2003". 18
[9] Dictionary, definition of "Aboriginal person" 19
Omit "Lands Rights". Insert instead "Land Rights". 20
Explanatory note 21
The proposed amendments correct spelling and grammar, correct the citations of 22
instruments, remove redundant words and insert missing words. 23
2.41 Water Sharing Plan for the Murrumbidgee Unregulated and 24
Alluvial Water Sources 2012 25
Clause 37 (6) (a) 26
Omit "Country". Insert instead "County". 27
Explanatory note 28
The proposed amendment corrects a typographical error. 29
Page 44
Statute Law (Miscellaneous Provisions) Bill 2013
Amendments by way of statute law revision Schedule 2
2.42 Water Sharing Plan for the NSW Murray Darling Basin 1
Fractured Rock Groundwater Sources 2011 2
Clause 4 (13) (j) 3
Omit "Water Sharing Plan for the Murray Darling Basin Porous Rock 4
Groundwater Sources 2011". 5
Insert instead "Water Sharing Plan for the NSW Murray Darling Basin Porous 6
Rock Groundwater Sources 2011". 7
Explanatory note 8
The proposed amendment corrects the citation of an instrument. 9
2.43 Wellington Local Environmental Plan 2012 10
Land Use Table, Zone RU5, item 4 11
Omit "gounds". Insert instead "grounds". 12
Explanatory note 13
The proposed amendment corrects a typographical error. 14
2.44 Workers Compensation Act 1987 No 70 15
[1] Sections 163A (3) and 163B (1)-(3) 16
Omit "authorised officer" wherever occurring. 17
Insert instead "inspector". 18
[2] Section 163B (5) 19
Omit "authorised officer". Insert instead "inspector". 20
Explanatory note 21
The proposed amendments update references to persons authorised as inspectors. 22
2.45 Workplace Injury Management and Workers Compensation 23
Act 1998 No 86 24
[1] Section 49 (2) 25
Omit "section 43A". Insert instead "section 32A". 26
[2] Section 54 (4) (a) 27
Omit "section 152 (Recovery of excess from employer)". 28
Insert instead "section 160 (Recovery of excess from employer) of the 1987 29
Act". 30
Page 45
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 2 Amendments by way of statute law revision
[3] Sections 273 and 277 1
Omit "and section 152 of this Act apply" wherever occurring. 2
Insert instead "applies". 3
[4] Sections 273 and 277 4
Omit "those sections" wherever occurring. Insert instead "that section". 5
Explanatory note 6
Items [1] and [2] of the proposed amendments update cross-references. 7
Items [3] and [4] remove references to a repealed section. 8
2.46 Young Offenders Act 1997 No 54 9
Schedule 3 10
Renumber Part 4 and clause 7 (as inserted by the Crimes Legislation 11
Amendment Act 2012) as Part 5 and clause 8, respectively. 12
Explanatory note 13
The proposed amendment corrects duplicated numbering. 14
Page 46
Statute Law (Miscellaneous Provisions) Bill 2013
Repeals Schedule 3
Schedule 3 Repeals 1
1 Repeal of redundant Acts and provision of instrument 2
The following Acts and provision of an instrument are repealed: 3
Act or instrument Provisions repealed
Road Transport (Vehicle Registration) Clause 95
Regulation 2007
Statute Law (Miscellaneous Provisions) Act Whole Act
(No 2) 2009 No 106
Statute Law (Miscellaneous Provisions) Act Whole Act
(No 2) 2012 No 95
2 Repeal of amending instrument that has commenced 4
The following instrument is repealed: 5
Instrument Provisions repealed
State Environmental Planning Policy Whole instrument
(Affordable Rental Housing) Amendment
(Group Homes) 2012
3 Repeal of provision of instrument that amends instrument that has since 6
been repealed 7
The following provision of an instrument is repealed: 8
Instrument Provisions repealed
State Environmental Planning Policy Schedule 3.14
(Affordable Rental Housing) 2009
Page 47
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 4 General savings, transitional and other provisions
Schedule 4 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1 or 2 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1 or 2 amendment concerned, taken to 6
have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter) will be 26
taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment on or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
Page 48
Statute Law (Miscellaneous Provisions) Bill 2013
General savings, transitional and other provisions Schedule 4
any act done or decision made under the provision amended or repealed 1
has effect after the amendment or repeal as if it had been done or made 2
under the provision as so amended or repealed. 3
Explanatory note 4
This clause ensures that the amendment or repeal of a provision will not, unless 5
expressly provided, vitiate any act done or decision made under the provision as in 6
force before the amendment or repeal. 7
3 Effect of amendment on instruments 8
Except where expressly provided to the contrary, any instrument made 9
under an Act amended by this Act, that is in force immediately before 10
the commencement of the amendment, is taken to have been made 11
under the Act as amended. 12
Explanatory note 13
This clause ensures that, unless expressly provided, any instrument that is in force and 14
made under a provision of an Act that is amended or substituted by the proposed Act 15
will be taken to have been made under the Act as amended. 16
4 Revocation of repeal 17
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts 18
or instruments, or provisions of Acts or instruments, by this Act. 19
Explanatory note 20
The effect of this clause is to enable the Governor, by proclamation, to revoke the 21
repeal by the proposed Act of any Act or instrument or any provision of an Act or 22
instrument. The Act, instrument or provision the subject of the revocation of repeal is 23
taken not to be, and never to have been, repealed. 24
5 Regulations 25
(1) The Governor may make regulations containing provisions of a savings 26
or transitional nature consequent on the enactment of this Act. 27
(2) Any such provision may, if the regulations so provide, take effect from 28
the date of assent to this Act or a later date. 29
(3) To the extent to which any such provision takes effect from a date that 30
is earlier than the date of its publication on the NSW legislation website, 31
the provision does not operate so as: 32
(a) to affect, in a manner prejudicial to any person (other than the 33
State or an authority of the State), the rights of that person 34
existing before the date of its publication, or 35
Page 49
Statute Law (Miscellaneous Provisions) Bill 2013
Schedule 4 General savings, transitional and other provisions
(b) to impose liabilities on any person (other than the State or an 1
authority of the State) in respect of anything done or omitted to 2
be done before the date of its publication. 3
Explanatory note 4
This clause enables the making of regulations of a savings or transitional nature having 5
a short term effect and relating to incidental matters arising out of the proposed Act with 6
regard to which no specific, or sufficient, provision has been made in the proposed Act. 7
Page 50
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