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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to make minor amendments to various Acts and regulations (Schedule 1), and
(b) to amend certain other Acts and instruments for the purpose of effecting statute law revision
(Schedule 2), and
(c) to make minor amendments to various Acts and instruments consequent on the enactment
of the Government Sector Employment Act 2013 (Schedule 3), and
(d) to amend certain Acts to enable the repeal of regulations by Schedule 6 (by transferring into
those Acts provisions of the regulations to be repealed that are of possible ongoing effect)
(Schedule 5), and
(e) to repeal various Acts and instruments and provisions of Acts and instruments (Schedule 6),
and
(f) to make other provisions of a consequential or ancillary nature (Schedules 4 and 7).
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 makes it clear that the explanatory notes contained in the Schedules do not form part of
the proposed Act.
b2014-129-12.d07
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Explanatory note
Schedule 1 Minor amendments
Schedule 1 makes amendments to the following Acts and regulations:
Aboriginal Land Rights Act 1983 No 42
Biological Control Act 1985 No 199
Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63
Conveyancers Licensing Act 2003 No 3
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11
Co-operative Housing and Starr-Bowkett Societies Regulation 2005
Crime Commission Act 2012 No 66
Environmental Planning and Assessment Act 1979 No 203
Environmental Planning and Assessment Amendment Act 2014 No 79
Environmental Planning and Assessment Regulation 2000
Gambling (Two-up) Act 1998 No 115
Gaming Machines Act 2001 No 127
Health Care Complaints Act 1993 No 105
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88
Holiday Parks (Long-term Casual Occupation) Regulation 2009
Home Building Act 1989 No 147
iquor Act 2007 No 90
Mental Health Amendment (Statutory Review) Act 2014 No 85
Passenger Transport Act 2014 No 46
Prevention of Cruelty to Animals Act 1979 No 200
Public Health Act 2010 No 127
Registered Clubs Act 1976 No 31
Residential (Land Lease) Communities Act 2013 No 97
Saint John's College Act 1857
State Emergency and Rescue Management Act 1989 No 165
Subordinate Legislation Act 1989 No 146
University of Technology, Sydney, Act 1989 No 69
University of Western Sydney Act 1997 No 116
Veterinary Practice Act 2003 No 87
The amendments to each Act and regulation are explained in detail in the explanatory note relating
to the Act or regulation concerned set out in Schedule 1.
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Explanatory note
Schedule 2 Amendments by way of statute law revision
Schedule 2 amends certain Acts and instruments for the purpose of effecting statute law revision.
The amendments to each Act and instrument are explained in detail in the explanatory note
relating to the Act or instrument concerned set out in Schedule 2.
Schedule 3 Consequential amendments relating to
enactment of Government Sector Employment
Act 2013
Schedule 3 makes minor amendments to various Acts and instruments consequent on the
enactment of the Government Sector Employment Act 2013.
The nature of the amendments contained in Schedule 3 is explained in detail in the explanatory
note at the beginning of the Schedule.
Schedule 4 Amendments consequent on renaming of
University of Technology, Sydney
Schedule 4 makes amendments consequent on amendments made to the University of
Technology, Sydney, Act 1989 by Schedule 1.
Schedule 5 Amendments that transfer provisions and enable
repeals
Schedule 5 contains amendments that enable the repeal of 2 regulations by clause 4 of Schedule 6.
The amendments transfer provisions of possible ongoing effect into the Acts under which the
regulations were made.
Section 30A of the Interpretation Act 1987 ensures that the transfer of a provision of a statutory
rule to an Act does not affect the operation (if any) or meaning of the provision.
Schedule 6 Repeals
Schedule 6 repeals a number of Acts and instruments and provisions of Acts and instruments.
Clause 1 repeals redundant Acts and redundant provisions of an Act.
Clause 2 repeals provisions of regulations that contain commenced amendments to other
legislation.
Clause 3 repeals the Gambling (Two-up) Regulation 2010, which is enabled by the amendment
of the Gambling (Two-up) Act 1998 in Schedule 1.
Clause 4 repeals regulations whose repeal is enabled by the transfer of provisions of those
regulations by Schedule 5.
Schedule 7 General savings, transitional and other
provisions
Schedule 7 contains savings, transitional and other provisions of general effect.
The purpose of each provision is explained in detail in the explanatory note relating to the
provision concerned set out in the Schedule.
Page 3
First print
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 17
Schedule 3 Consequential amendments relating to enactment of Government
Sector Employment Act 2013 29
Schedule 4 Amendments consequent on renaming of University of Technology,
Sydney 60
Schedule 5 Amendments that transfer provisions and enable repeals 63
Schedule 6 Repeals 66
Schedule 7 General savings, transitional and other provisions 67
b2014-129-12.d07
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2015
No , 2015
A Bill for
An Act to repeal certain Acts and instruments 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.
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2015. 3
2 Commencement 4
(1) This Act commences on 8 July 2015, except as provided by this section. 5
(2) The amendments made by Schedule 1 commence on the day or days specified in that 6
Schedule in relation to the amendments concerned. If a commencement day is not 7
specified, the amendments commence in accordance with subsection (1). 8
(3) Schedule 3 commences on 15 July 2015. 9
(4) Schedule 4 commences on 1 August 2015. 10
(5) Schedule 7 commences on the date of assent to this Act. 11
3 Explanatory notes 12
The matter appearing under the heading "Explanatory note" in any of the Schedules 13
does not form part of this Act. 14
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments 1
1.1 Aboriginal Land Rights Act 1983 No 42 2
[1] Section 84 Approval of community, land and business plans 3
Insert after section 84 (1): 4
(1A) A Local Aboriginal Land Council resolution that approves the adoption of a 5
community, land and business plan must be passed by not less than 80 per cent 6
of the voting members of the Council present at a meeting at which a quorum 7
is present. 8
[2] Section 111 New South Wales Aboriginal Land Council's responsibilities in relation 9
to certain arrangements and transfers 10
Omit section 111 (7) (as inserted by the Aboriginal Land Rights Amendment Act 2014). 11
Insert instead: 12
(7) Requirement for approval resolutions 13
A resolution that approves the New South Wales Aboriginal Land Council's 14
proposed transfer or disposal of an asset or termination of an arrangement 15
under this section must contain a statement identifying the purpose of the 16
proposed action and any conditions to which the approval is subject. 17
[3] Section 165 Functions of Registrar 18
Insert after section 165 (h1): 19
(h2) to keep and maintain a register in relation to Aboriginal Land 20
Agreements made under section 36AA, 21
[4] Schedule 3 Procedure of Boards and Councils 22
Omit "A decision" from clause 5 (1). 23
Insert instead "Except as otherwise provided by this Act, a decision". 24
Commencement 25
Item [2] of the amendments to the Aboriginal Land Rights Act 1983 commences, or is taken to have 26
commenced, on the commencement of Schedule 1 [43] to the Aboriginal Land Rights Amendment 27
Act 2014. 28
Explanatory note 29
Item [1] of the proposed amendments requires a resolution approving a Local Aboriginal Land 30
Council's community, land and business plan to be passed by not less than 80% of the voting 31
members of the Council present at the meeting concerned. A Local Aboriginal Land Council's 32
community, land and business plan sets out, among other things, the Council's strategies and 33
objectives for land and business dealings.The proposed amendment is consistent with the 34
requirement in section 42G of the Aboriginal Land Rights Act 1983 (the principal Act) relating to 35
resolutions approving land dealings by a Local Aboriginal Land Council. Item [4] makes a 36
consequential amendment. 37
Item [2] removes special requirements for the transfer or disposal of an asset, or the termination of 38
certain arrangements, by the New South Wales Aboriginal Land Council (NSWALC) to be approved 39
by a resolution passed by not less than 80% of the voting members present at a meeting that has 40
been notified at least 14 days before the date of the meeting. The proposed amendment will result in 41
an ordinary notice and resolution being sufficient, consistent with the position applying in relation to 42
other decisions of the NSWALC. 43
Item [3] makes it clear that the functions of the Registrar appointed under the principal Act include 44
keeping and maintaining a register of Aboriginal Land Agreements made under the new section 36AA 45
of the principal Act (which is to be inserted by the Aboriginal Land Rights Amendment Act 2014). 46
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
1.2 Biological Control Act 1985 No 199 1
Section 3 Definitions 2
Omit the definition of Council from section 3 (1). Insert instead: 3
Council means the Agriculture Ministers' Forum or, if that body ceases to 4
exist: 5
(a) any body that replaces that body and has as its members Ministers of 6
Australian (or Australian and New Zealand) jurisdictions with portfolio 7
responsibility for primary industries, or 8
(b) if the Minister, by order published in the Gazette, prescribes a body that 9
has as its members Ministers of Australian (or Australian and New 10
Zealand) jurisdictions with portfolio responsibility for primary 11
industries--that prescribed body. 12
Explanatory note 13
The proposed amendment will update a definition of the body (the Council) that is recognised by the 14
Act as having the function of making recommendations to the New South Wales Biological Control 15
Authority with respect to the biological control of pests. The definition of Council currently refers to 16
the former Agricultural and Resource Management Council of Australia and New Zealand. The 17
proposed amendment updates the definition to refer to the Agriculture Ministers' Forum (or, if that 18
body ceases to exist, either a ministerial body that replaces that body or a ministerial body prescribed 19
by the Minister for Primary Industries by order published in the Gazette). 20
1.3 Classification (Publications, Films and Computer Games) 21
Enforcement Act 1995 No 63 22
[1] Section 7 Classified films not to be sold or exhibited under different title or in altered 23
form 24
Omit "of the Commonwealth Act" from section 7 (2) (b). 25
Insert instead "or (3) of the Commonwealth Act or to which section 20A of that Act 26
applies". 27
[2] Sections 15 (4) (b), 20 (2) (b), 21 (3) (b), 23 (3) (b), 34 (5) (b), 42 (2) (b) and 43 (3) (b) 28
Insert "or 22CH (1)" after "section 22B (3)" wherever occurring. 29
[3] Sections 20 (2) (a), 21 (3) (a), 23 (3) (a), 42 (2) (a) and 43 (3) (a) 30
Insert "22CH (4)," after "section" wherever occurring. 31
[4] Section 28 Classified computer games not to be sold or demonstrated under 32
different title or in altered form 33
Insert at the end of the section: 34
(2) Subsection (1) is not contravened by the sale or demonstration of a classified 35
computer game: 36
(a) under a title different from that under which it is classified if it is 37
contained on one device that consists only of 2 or more classified 38
computer games, or 39
(b) with modifications to which section 20A of the Commonwealth Act 40
applies or that are referred to in section 21 (2) or (3) of that Act, 41
or both. 42
Explanatory note 43
The proposed amendments are generally consequential on changes to the National Classification 44
Scheme that extend the types of modifications that do not affect the classification of classified material 45
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
and that provide for a new method for classifying material under the Classification (Publications, Films 1
and Computer Games) Act 1995 of the Commonwealth. 2
Item [1] includes the new types of modifications as modifications excluded from the offence of selling 3
or exhibiting a classified film under a different title or in an altered form. 4
Item [4] excludes from the offence of selling or demonstrating classified computer games under a 5
different title or in an altered form, the same modifications and alterations in title that apply to the 6
corresponding offence applying to classified films. 7
Items [2] and [3] extend various provisions (that allow certain material, the classification of which has 8
been revoked or that has been reclassified, to bear its previous classification markings, or that allow 9
the display of those previous markings and associated consumer advice, for a limited period after the 10
revocation or reclassification) to revocation of a classification, or reclassification, made using the new 11
method of classification referred to above. 12
1.4 Conveyancers Licensing Act 2003 No 3 13
[1] Section 19 Business names 14
Omit section 19 (1) and (2). 15
[2] Section 19 (4) 16
Omit "The provisions of this section are". Insert instead "Subsection (3) is". 17
Explanatory note 18
Item [1] of the proposed amendments removes provisions relating to the approval of business names 19
of licensed conveyancers by the Commissioner for Fair Trading, including an offence of conducting a 20
conveyancing business under an unapproved business name. The Business Names Registration 21
Act 2011 of the Commonwealth provides for the registration of business names by the Australian 22
Securities and Investments Commission (ASIC) and includes an offence of carrying on a business 23
under an unregistered business name (section 18). The proposed amendment removes an 24
unnecessary duplication of both roles (of the Commissioner for Fair Trading and ASIC) and offences. 25
Item [2] makes a consequential amendment. 26
1.5 Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11 27
Section 145 Final audit on merger etc 28
Omit "prescribed statements and information" from section 145 (1). 29
Insert instead "the statements referred to in section 143 (2)". 30
Explanatory note 31
The proposed amendment to the Co-operative Housing and Starr-Bowkett Societies Act 1998 32
removes a requirement for matters that must be contained in certain audits to be prescribed by a 33
regulation and recreates in that Act the substance of the relevant provision of the Co-operative 34
Housing and Starr-Bowkett Societies Regulation 2005. 35
1.6 Co-operative Housing and Starr-Bowkett Societies Regulation 2005 36
[1] Part 9, heading 37
Omit the heading. Insert instead: 38
Part 9 Returns 39
[2] Clause 24 Prescribed statements and information 40
Omit the clause. 41
Explanatory note 42
Item [2] of the proposed amendments is consequential on the proposed amendment to section 145 43
of the Co-operative Housing and Starr-Bowkett Societies Act 1998 in this Schedule. Item [1] makes 44
a consequential amendment. 45
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
1.7 Crime Commission Act 2012 No 66 1
[1] Section 50 Members of the Management Committee 2
Omit section 50 (1) (e). Insert instead: 3
(e) the Secretary of the Department of Justice or a senior executive of that 4
Department nominated by the Secretary. 5
[2] Schedule 2 Provisions relating to the members and procedure of the Management 6
Committee 7
Omit clause 2 (2) (d). Insert instead: 8
(d) the Secretary of the Department of Justice or the Secretary's nominee. 9
Commencement 10
The amendments to the Crime Commission Act 2012 commence, or are taken to have commenced, 11
on 1 July 2015. 12
Explanatory note 13
At present the Chief Executive of the Ministry for Police and Emergency Services is an ex-officio 14
member of the New South Wales Crime Commission Management Committee. The Ministry for 15
Police and Emergency Services is to be amalgamated with the Department of Justice on 1 July 2015 16
by administrative arrangements order and references to the Ministry and the Chief Executive of the 17
Ministry will be construed as references to the Department of Justice and the Secretary of that 18
Department, respectively. 19
Item [1] of the proposed amendments enables the Secretary of the Department of Justice to nominate 20
a senior executive of that Department to be a member of the Management Committee instead of the 21
Secretary. Item [2] is a consequential amendment. 22
1.8 Environmental Planning and Assessment Act 1979 No 203 23
Section 79BA Consultation and development consent--certain bush fire prone land 24
Omit "the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6," 25
from section 79BA (1) (a). 26
Insert instead "the version (as prescribed by the regulations) of the document entitled 27
Planning for Bush Fire Protection". 28
Explanatory note 29
The proposed amendment makes it clear that the regulations may prescribe a version of the 30
document that a consent authority must take into account in determining whether development 31
consent can be granted in relation to bush fire prone land. 32
1.9 Environmental Planning and Assessment Amendment Act 2014 No 79 33
[1] Schedule 2 Amendment of Environmental Planning and Assessment Act 1979 34
No 203--Enforcement powers 35
Insert "(including a tenant or other lawful occupant who is not the owner)" after "the 36
premises" in the definition of occupier in proposed section 119A in Schedule 2 [2]. 37
[2] Schedule 3 Amendment of Environmental Planning and Assessment Act 1979 38
No 203--ePlanning 39
Insert after item [5]: 40
[5A] Section 79 Public participation--designated development 41
Omit "in a newspaper circulating in the locality" from section 79 (1) (d). 42
Commencement 43
Item [1] of the amendments to the Environmental Planning and Assessment Amendment Act 2014 44
commences on the date of assent to the Statute Law (Miscellaneous Provisions) Act 2015. 45
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
Item [1] of the proposed amendments makes it clear that the definition of occupier of premises 2
includes a tenant or other lawful occupant who is not the owner of the premises. 3
Item [2] inserts an additional amendment relating to the proposed introduction of the NSW planning 4
portal website. The amendment removes the requirement that notice of a development application for 5
designated development be published in a newspaper circulating in the locality and allows instead for 6
notification in accordance with the regulations. The amendment was inadvertently omitted when other 7
amendments were made by the Environmental Planning and Assessment Amendment Act 2014 to 8
enable notification on the NSW planning portal website when the website becomes operational for the 9
purposes of notification. 10
1.10 Environmental Planning and Assessment Regulation 2000 11
Clause 272 Planning for Bush Fire Protection 12
Omit "the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, 13
prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, 14
dated December 2006,". 15
Insert instead "the version of the document entitled Planning for Bush Fire Protection with 16
ISBN 0 9751033 2 6 and dated December 2006". 17
Explanatory note 18
The proposed amendment is consequential on the proposed amendment to section 79BA of the 19
Environmental Planning and Assessment Act 1979 in this Schedule. 20
1.11 Gambling (Two-up) Act 1998 No 115 21
Section 4A 22
Omit the section. Insert instead: 23
4A Meaning of "commemorative day" 24
A commemorative day means any of the following: 25
(a) 15 August (in any year), 26
(b) 11 November (in any year, but only that part of that day that is after 27
12 noon), 28
(c) any other day or part of a day prescribed by the regulations as a 29
commemorative day for the purposes of this Act. 30
Explanatory note 31
The proposed amendment incorporates into the Gambling (Two-up) Act 1998 a provision in the 32
Gambling (Two-up) Regulation 2010 that allows two-up to be played in certain circumstances on 33
Victory in the Pacific Day (15 August) and after 12 noon on Remembrance Day (11 November). These 34
dates have been prescribed by regulations for about 10 years as commemorative days on which a 35
game of two-up is allowed to be played. 36
The Regulation is made redundant by the proposed amendment and consequently its repeal is 37
contained in Schedule 6. 38
1.12 Gaming Machines Act 2001 No 127 39
Section 32 Gaming machine thresholds for venues 40
Omit "or any hotel or club premises in respect of which gaming machine entitlements have 41
not been allocated as at the commencement of this section (as inserted by the Gaming 42
Machines Amendment Act 2008)," from section 32 (4). 43
Explanatory note 44
The proposed amendment removes redundant text relating to the setting by the Independent Liquor 45
and Gaming Authority of a zero gaming machine threshold (ie the maximum number of gaming 46
machines that may be authorised to be kept in a hotel or club) for those hotels or clubs that had not 47
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
been allocated gaming machine entitlements at the time the gaming machine threshold scheme was 1
introduced. 2
1.13 Health Care Complaints Act 1993 No 105 3
[1] Section 25 Notification of certain complaints to Health Secretary 4
Insert after the matter relating to the Anatomy Act 1977 in section 25 (1): 5
• Assisted Reproductive Technology Act 2007 6
[2] Schedule 4 Savings, transitional and other provisions 7
Insert after Part 8: 8
Part 9 Provision consequent on enactment of Statute Law 9
(Miscellaneous Provisions) Act 2015 10
23 Notification of certain complaints relating to breach of Assisted Reproductive 11
Technology Act 2007 12
The amendment made to section 25 by the Statute Law (Miscellaneous 13
Provisions) Act 2015 extends to any complaint made before 8 July 2015 14
(except for any complaint that the Commission is no longer dealing with on 15
that day). 16
Explanatory note 17
Item [1] of the proposed amendments ensures that the Health Care Complaints Commission is 18
required to notify the Health Secretary of the details of complaints that have been assessed by the 19
Commission and appear to it to involve a possible breach of the Assisted Reproductive Technology 20
Act 2007. As is the case with other Acts listed in section 25 (1) of the Health Care Complaints 21
Act 1993, enforcement of the Assisted Reproductive Technology Act 2007 is primarily the 22
responsibility of the Health Secretary. Item [2] extends the proposed amendment to complaints that 23
the Commission has received before the amendment commences and is still dealing with on that 24
commencement. 25
1.14 Holiday Parks (Long-term Casual Occupation) Act 2002 No 88 26
[1] Section 3 Definitions 27
Insert in alphabetical order in section 3 (1): 28
approved form means a form approved by the principal registrar of the 29
Tribunal. 30
[2] Section 30 Enforcement of orders for possession 31
Omit "in or to the effect of the form prescribed by the regulations" from section 30 (1). 32
Insert instead "in the approved form". 33
Explanatory note 34
The proposed amendments replace a requirement for certain warrants for possession to be in the 35
form prescribed by regulations with a requirement for those warrants to be in the form approved by 36
the principal registrar of the Civil and Administrative Tribunal of New South Wales. The warrants for 37
possession concerned are issued by that principal registrar. A similar amendment is proposed to be 38
made to the Residential (Land Lease) Communities Act 2013 in this Schedule. 39
1.15 Holiday Parks (Long-term Casual Occupation) Regulation 2009 40
[1] Clause 12 Warrant enforcing order for possession of premises 41
Omit the clause. 42
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
[2] Schedule 1 Form 1
Omit the Schedule. 2
Explanatory note 3
The proposed amendments are consequential on the proposed amendments to the Holiday Parks 4
(Long-term Casual Occupation) Act 2002 in this Schedule. 5
1.16 Home Building Act 1989 No 147 6
[1] Section 127 Power to obtain information 7
Omit "authorised officer" from section 127 (7). Insert instead "authorised person". 8
[2] Section 127 (7) 9
Omit "the officer". Insert instead "the authorised person". 10
[3] Section 127A Power to request name and address of persons undertaking residential 11
building work or specialist work 12
Omit "authorised officer" wherever occurring in section 127A (1), (2) and (5). 13
Insert instead "authorised person". 14
[4] Section 127A (6) 15
Omit the subsection. Insert instead: 16
(6) In this section: 17
authorised person means: 18
(a) a person authorised in writing by the Chief Executive for the purposes 19
of this section and holding a certificate issued by the Chief Executive as 20
to that authority, or 21
(b) an investigator appointed under section 18 of the Fair Trading 22
Act 1987. 23
[5] Schedule 4 Savings and transitional provisions 24
Omit clause 91 (4). 25
Explanatory note 26
Items [3] and [4] of the proposed amendments extend a power to request the name and address of 27
persons undertaking residential building or specialist work to investigators appointed under the Fair 28
Trading Act 1987. (Relevantly, such investigators also have the power to obtain certain information 29
under section 127 of the Home Building Act 1989.) 30
Items [1] and [2] correct terminology. 31
Item [5] removes a transitional annual reporting obligation that is no longer required. 32
1.17 Liquor Act 2007 No 90 33
[1] Section 48 Community impact 34
Omit the note to section 48 (3D). 35
[2] Section 49B Special provisions relating to multi-occasion ETAs 36
Omit section 49B (5). 37
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
[3] Section 144F 3 strikes--remedial action 1
Omit "the third strike was incurred" from section 144F (3) (b) (i) and (c) and (4) (a) 2
wherever occurring. 3
Insert instead "the prescribed offence resulting in the third strike being incurred was 4
committed". 5
Explanatory note 6
Item [2] of the proposed amendments removes a provision that has had the unintended effect of 7
automatically revoking any ongoing extended trading authorisation (including those that do not relate 8
to late trading) for licensed premises when a multi-occasion extended trading authorisation is granted 9
for those premises. Item [1] makes a consequential amendment. 10
Item [3] makes it clear that the disqualification of a licensee, manager, business owner or close 11
associate under the 3-strikes disciplinary scheme applies in relation to the person who was the 12
licensee, manager, business owner or close associate at the time when the offence that resulted in 13
the third strike being incurred was committed. 14
1.18 Mental Health Amendment (Statutory Review) Act 2014 No 85 15
[1] Schedule 1 Amendment of Mental Health Act 2007 No 8 16
Insert "or the director of community treatment" after "officer" in proposed section 72A (3) 17
in Schedule 1 [44]. 18
[2] Schedule 1 [82] 19
Omit "serious harm" wherever occurring in proposed item 1 (b). 20
Insert instead "serious physical harm". 21
[3] Schedule 1 [86] 22
Insert "or the director of community treatment" after "The authorised medical officer" in 23
the proposed note. 24
Explanatory note 25
Item [1] of the proposed amendments inserts a missing reference to a director of community treatment 26
in a provision that applies in relation to both an authorised medical officer and a director of community 27
treatment. Item [3] makes a consequential amendment to a note. 28
Item [2] revises the mental health certificate required to be given by a medical practitioner or 29
accredited person under section 19 of the Mental Health Act 2007 when detaining a mentally 30
disordered person to reflect more accurately the definition of mentally disordered person in that Act. 31
1.19 Passenger Transport Act 2014 No 46 32
[1] Section 123 Referrals to IPART 33
Omit section 123 (6). Insert instead: 34
(6) A referral may be varied or withdrawn by the Minister, with the approval of 35
the Minister administering the Independent Pricing and Regulatory Tribunal 36
Act 1992. A variation or withdrawal of a referral does not affect the operation 37
of this Act or that Act in respect of a report on the referral, or the 38
subject-matter of the report, if the report was received by the Minister from 39
IPART before the variation or withdrawal. 40
[2] Section 166 Penalty notices 41
Omit section 166 (10). Insert instead: 42
(10) In this section: 43
authorised officer means: 44
(a) a police officer, or 45
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
(b) another authorised officer authorised in writing by TfNSW or RMS as 1
an authorised officer for the purposes of this section. 2
[3] Schedule 3 Savings, transitional and other provisions 3
Insert "during any period during which the existing air service licence is taken to be an air 4
route licence under this Act" after "this Act" in clause 5 (5). 5
Explanatory note 6
Item [1] of the proposed amendments clarifies that a report, or the subject-matter of a report, by the 7
Independent Pricing and Regulatory Tribunal in response to a referral of the Minister for Transport 8
and Infrastructure to it (for recommendations as to fares for public passenger services) is not affected 9
by a variation or withdrawal of the referral if the Minister received the report before the variation or 10
withdrawal was made. 11
Item [2] removes the requirement for police officers to be specifically authorised by Transport for NSW 12
or Roads and Maritime Services to issue penalty notices under the Passenger Transport Act 2014 13
(the new Act). This corrects a drafting oversight and continues the existing situation in relation to the 14
issue of penalty notices under the Passenger Transport Act 1990 (which is to be repealed and 15
replaced by the new Act). 16
Item [3] corrects a savings provision to ensure that an air route to which a deemed air route licence 17
applies is only deemed to be a "regulated air route" for the purposes of the new Act until the date on 18
which either the relevant licence would have expired under the Air Transport Act 1964 (if that Act had 19
not been repealed by the new Act) or the licence is sooner cancelled under the new Act. 20
1.20 Prevention of Cruelty to Animals Act 1979 No 200 21
[1] The whole Act (except section 4) 22
Omit "Director-General" wherever occurring. Insert instead "Secretary". 23
[2] Section 4 Definitions 24
Omit the definition of Director-General from section 4 (1). 25
Insert in alphabetical order: 26
Secretary means the Secretary of the Department. 27
[3] Section 4 (1), definition of "officer" 28
Omit paragraph (b). Insert instead: 29
(b) an officer of an approved charitable organisation who is appointed as an 30
officer for the purposes of this Act by the Minister or by the Secretary 31
or a Deputy Secretary of the Department, or 32
Explanatory note 33
Item [3] of the proposed amendments will allow the Secretary or a Deputy Secretary of the 34
Department (and not just the Minister for Primary Industries, as at present) to appoint an officer of an 35
approved charitable organisation as an officer for the purposes of the Prevention of Cruelty to 36
Animals Act 1979. An officer has certain enforcement powers under that Act. Such an officer may also 37
be authorised by the Minister, Secretary or a Deputy Secretary to exercise the functions of an 38
inspector under that Act. 39
Items [1] and [2] make minor amendments that update terminology consequent on the enactment of 40
the Government Sector Employment Act 2013. 41
Page 11
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
1.21 Public Health Act 2010 No 127 1
Section 98 Public health and disease registers 2
Omit the definition of personal information from section 98 (7). Insert instead: 3
personal information has the same meaning as in the Health Records and 4
Information Privacy Act 2002. 5
Explanatory note 6
The proposed amendment removes an existing limitation on a power to provide personal information 7
that prevents the power from being used to provide personal information that is health information. 8
The amended provision will enable the Secretary of the Ministry of Health, or a person authorised by 9
the Secretary, to provide personal information (whether or not it is also health information) to a health 10
records linkage organisation (such as the Centre for Health Records Linkage) so that it can establish 11
and provide unique identifier numbers for the purposes of public health or disease registers. 12
Currently, only personal information that is not health information can be provided to a health records 13
linkage organisation and, therefore, public health and disease registers established under the Public 14
Health Act 2010 (apart from the Pap Test Register) cannot contain any information collected in 15
providing a health service. Unique identifier numbers are used on the registers in place of identifying 16
particulars (such as names and addresses) of the individuals to whom information contained in the 17
registers relates. 18
1.22 Registered Clubs Act 1976 No 31 19
[1] Schedule 2 Savings, transitional and other provisions 20
Omit the note to clause 94 (1). 21
[2] Schedule 2, clause 94 (2A) and (2B) 22
Omit "subclause (1)" wherever occurring. Insert instead "subclause (2)". 23
[3] Schedule 2, clause 94 (2B) (a) 24
Omit "that restricts the on-premises trading hours of the club's premises to the standard 25
trading period under that Act". 26
Insert instead "to reduce the on-premises trading hours of the club's premises". 27
Explanatory note 28
Item [3] of the proposed amendments provides that if a condition that has been imposed under the 29
Liquor Act 2007 on a club reducing its trading hours is subsequently revoked under that Act, the club's 30
trading hours automatically revert to the unrestricted trading hours that previously applied to the club 31
before the commencement of the Liquor Act 2007. At present, the automatic reversion to previous 32
unrestricted trading hours only applies if the revoked condition operated to restrict the club's trading 33
hours to the standard trading period under the Liquor Act 2007. 34
Item [1] removes a superfluous note and item [2] corrects cross-references. 35
1.23 Residential (Land Lease) Communities Act 2013 No 97 36
Section 134 Enforcement of possession orders 37
Omit "approved form" from section 134 (4). 38
Insert instead "form approved by the principal registrar of the Tribunal". 39
Explanatory note 40
The proposed amendment replaces a requirement for certain warrants for possession to be in the 41
form approved by the Commissioner for Fair Trading with a requirement for those warrants to be in 42
the form approved by the principal registrar of the Civil and Administrative Tribunal of New South 43
Wales. The warrants for possession concerned are issued by that principal registrar. A similar 44
amendment is proposed to be made to the Holiday Parks (Long-term Casual Occupation) Act 2002 45
in this Schedule. 46
Page 12
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
1.24 Saint John's College Act 1857 1
Section 8B Extraordinary vacancies in offices of fellows 2
Insert after section 8B (4): 3
(4A) The visitor may, in consultation with the Vice-Chancellor, extend the term of 4
office of a fellow appointed under this section for a further period of up to 5
2 years. 6
Explanatory note 7
The proposed amendment enables the Roman Catholic Archbishop of Sydney, in consultation with 8
the Vice-Chancellor of the University of Sydney, to extend, for a further period of up to 2 years, the 9
term of office of certain members of the governing body of Saint John's College. 10
1.25 State Emergency and Rescue Management Act 1989 No 165 11
[1] Section 3 Definitions 12
Omit the definition of Chief Executive, Emergency Services from section 3 (1). 13
Insert in alphabetical order: 14
Secretary means the Secretary of the Department of Justice. 15
[2] Section 3 (1), definition of "government agency" 16
Omit paragraph (a). Insert instead: 17
(a) a Public Service agency, 18
[3] Sections 12 (4) and 17 (1) 19
Omit "the Chief Executive, Emergency Services" wherever occurring. 20
Insert instead "the Secretary". 21
[4] Section 12 (4) (a) 22
Omit "the Chief Executive determines". Insert instead "the Secretary determines". 23
[5] Section 20A 24
Omit the section. Insert instead: 25
20A State Emergency Recovery Controller 26
(1) There is to be a State Emergency Recovery Controller. 27
(2) The office of the State Emergency Recovery Controller is to be held: 28
(a) by the Secretary (unless a person is designated under paragraph (b)), or 29
(b) by a senior executive of the Department of Justice designated by the 30
Secretary. 31
[6] Section 63A Staff 32
Omit "is to be employed under Chapter 1A of the Public Sector Employment and 33
Management Act 2002" from section 63A (1). 34
Insert instead "are to be employed in the Public Service under the Government Sector 35
Employment Act 2013". 36
Page 13
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
[7] Section 63AA 1
Insert after section 63A: 2
63AA Delegation by Secretary 3
The Secretary may delegate any of the Secretary's functions under this Act 4
(other than this power of delegation) to an employee of the Department of 5
Justice. 6
[8] Schedule 2 Provisions relating to members and procedure of emergency 7
management organisations 8
Omit clause 5 (1). Insert instead: 9
(1) The provisions of the Government Sector Employment Act 2013 relating to the 10
employment of Public Service employees do not apply to a member. 11
Commencement 12
Items [1], [3]-[5] and [7] of the amendments to the State Emergency and Rescue Management Act 13
1989 commence, or are taken to have commenced, on 1 July 2015. 14
Explanatory note 15
The role of Chief Executive, Emergency Services under the State Emergency and Rescue 16
Management Act 1989 (the Act) is currently held by the Chief Executive of the Ministry for Police and 17
Emergency Services. The role includes the functions of the State Emergency Recovery Controller 18
(SERCON) under the Act. The Ministry for Police and Emergency Services is to be amalgamated with 19
the Department of Justice on 1 July 2015 by an administrative arrangements order and references to 20
the Chief Executive will be required by that order to be construed as references to the Secretary of 21
the Department. 22
Items [1], [3] and [4] of the proposed amendments replace references to the Chief Executive of the 23
Ministry for Police and Emergency Services with references to the Secretary of the Department of 24
Justice. 25
Item [5] provides that the office of the SERCON is to be held by the Secretary of the Department of 26
Justice or by a senior executive of that Department designated by the Secretary. Item [5] also 27
abolishes the office of the Deputy SERCON (who has the functions of the SERCON during the 28
absence or a vacancy in that office) as such an absence or vacancy can be filled in the ordinary way 29
under the Government Sector Employment Act 2013. 30
Item [7] enables the Secretary of the Department of Justice to delegate the Secretary's functions 31
under the Act to an employee of the Department. 32
Items [2], [6] and [8] update terminology and references relating to Public Service employees and 33
related matters as a consequence of the Government Sector Employment Act 2013. 34
1.26 Subordinate Legislation Act 1989 No 146 35
Schedule 5 Further postponement of repeal of certain statutory rules 36
Insert after clause 3: 37
4 Postponement of repeal of other statutory rules due for repeal in 2015 38
The following statutory rules remain in force until 1 September 2016, unless 39
sooner repealed: 40
(a) Community Services (Complaints, Reviews and Monitoring) Regulation 41
2004, 42
(b) Employment Protection Regulation 2001, 43
(c) Local Government (General) Regulation 2005, 44
(d) Local Government (Manufactured Home Estates, Caravan Parks, 45
Camping Grounds and Moveable Dwellings) Regulation 2005. 46
Page 14
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
5 Postponement of repeal of Water Industry Competition (Access to 1
Infrastructure Services) Regulation 2007 due for repeal in 2015 2
The Water Industry Competition (Access to Infrastructure Services) 3
Regulation 2007 remains in force until 1 September 2019, unless sooner 4
repealed. 5
Explanatory note 6
The proposed amendment keeps a number of regulations in force for a further period after the date 7
on which they would otherwise be repealed by the Subordinate Legislation Act 1989. However, any 8
of the regulations may be repealed sooner by other legislation. 9
The proposed amendment is necessary as the regulations have each been postponed on at least 5 10
occasions and are due to be repealed by the Subordinate Legislation Act 1989 on 1 September 2015. 11
Each of the regulations continues to be required and the repeal of each of the regulations is to be 12
further postponed until 1 September 2016 (in the case of the regulations referred to in proposed 13
clause 4) or 1 September 2019 (in the case of the Water Industry Competition (Access to 14
Infrastructure Services) Regulation 2007) for the following reasons: 15
(a) The Community Services (Complaints, Reviews and Monitoring) Regulation 2004 contains 16
provisions that relate to safeguards for vulnerable children and people with a disability. A 17
review is currently being undertaken to determine the national safeguards framework for the 18
National Disability Insurance Scheme. It is therefore proposed to postpone the repeal of the 19
Regulation pending the conclusion of that review. 20
(b) The Office of Industrial Relations is to undertake a review of the Employment Protection Act 21
1982 and other industrial legislation in light of the enactment of the Government Sector 22
Employment Act 2013 and related legislation. It is considered that it would be premature to 23
remake the Employment Protection Regulation 2001 before the conclusion of that review. 24
(c) The Local Government (General) Regulation 2005 contains provisions that support the 25
day-to-day operation of the Local Government Act 1993. That Act is currently under 26
comprehensive review. It is considered that it would be premature to remake the Regulation 27
before the conclusion of that review. 28
(d) The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and 29
Moveable Dwellings) Regulation 2005 sets standards for the design and operation of caravan 30
parks, camping grounds and manufactured home estates and for the design and construction 31
of manufactured homes and other moveable dwellings with the aim of promoting the safety 32
and amenity of residents. A review is being undertaken to determine whether the Regulation 33
should be remade or replaced and whether to align it with the outcome of the current review 34
of the Local Government Act 1993. It is considered that it would be premature to remake the 35
Regulation before the conclusion of that review. 36
(e) The Water Industry Competition (Access to Infrastructure Services) Regulation 2007 relates 37
to an access regime under Part 3 of the Water Industry Competition Act 2006 that has been 38
certified as an effective access regime under the Competition and Consumer Act 2010 of the 39
Commonwealth until 2019. Given that the Commonwealth certification, the access regime and 40
the Regulation are not proposed to be reviewed until 2019, it is proposed to postpone the 41
repeal of that Regulation until that time. 42
1.27 University of Technology, Sydney, Act 1989 No 69 43
[1] Long title 44
Omit "University of Technology, Sydney;". 45
Insert instead "University of Technology Sydney;". 46
[2] Section 1 Name of Act 47
Omit "University of Technology, Sydney, Act 1989". 48
Insert instead "University of Technology Sydney Act 1989". 49
[3] Section 3 Definitions 50
Omit "University of Technology, Sydney," from the definition of University in 51
section 3 (1). 52
Insert instead "University of Technology Sydney". 53
Page 15
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 1 Minor amendments
[4] Section 5 Incorporation of University 1
Omit "University of Technology, Sydney". 2
Insert instead "University of Technology Sydney". 3
Commencement 4
The amendments to the University of Technology, Sydney, Act 1989 commence on 1 August 2015. 5
Explanatory note 6
Items [3] and [4] of the proposed amendments remove the comma from the name of the University of 7
Technology, Sydney. 8
Items [1] and [2] make consequential amendments. Consequential amendments to other Acts and 9
instruments are contained in Schedule 4. 10
1.28 University of Western Sydney Act 1997 No 116 11
Schedule 1 Provisions relating to members and procedure of Board 12
Omit clause 2 (b). 13
Explanatory note 14
The proposed amendment removes the requirement that an appointed or elected member of the 15
Board of Trustees of the University of Western Sydney reside in New South Wales or the Australian 16
Capital Territory. 17
1.29 Veterinary Practice Act 2003 No 87 18
Section 21 Qualifications for full registration 19
Omit "5" from section 21 (1) (a). Insert instead "4". 20
Explanatory note 21
The proposed amendment reduces, from 5 academic years to 4 academic years, the minimum length 22
of the course in veterinary science that a person must complete to be eligible for full registration as a 23
veterinary practitioner. 24
Page 16
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law revision 1
2.1 Adoption Act 2000 No 75 2
Section 26 3
Insert "of" after "behalf" where secondly occurring. 4
Explanatory note 5
The proposed amendment inserts a missing word. 6
2.2 Associations Incorporation Act 2009 No 7 7
Section 85 (2) (note) and (3) 8
Omit "Division 3 of Part 5" wherever occurring. Insert instead "Part 5A". 9
Explanatory note 10
The proposed amendment updates cross-references. 11
2.3 Births, Deaths and Marriages Registration Regulation 2011 12
[1] Clause 18 13
Omit "(other than a service that is fee exempt under clause 19)". 14
[2] Clause 19 15
Omit the clause. 16
Explanatory note 17
Item [2] of the proposed amendments repeals a spent provision. Item [1] makes a consequential 18
amendment. 19
2.4 Child Protection (Offenders Prohibition Orders) Act 2004 No 46 20
Section 17A 21
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 22
Insert instead "Crimes (Appeal and Review) Act 2001". 23
Explanatory note 24
The proposed amendment updates a cross-reference. 25
2.5 Children (Community Service Orders) Act 1987 No 56 26
Section 28 (2) (a) 27
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 28
Insert instead "Crimes (Appeal and Review) Act 2001". 29
Explanatory note 30
The proposed amendment updates a cross-reference. 31
2.6 Children (Criminal Proceedings) Act 1987 No 55 32
Section 21 (3) 33
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 34
Insert instead "Crimes (Appeal and Review) Act 2001". 35
Explanatory note 36
The proposed amendment updates a cross-reference. 37
Page 17
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.7 Coastal Protection Act 1979 No 13 1
Section 4B (2) 2
Omit the subsection. 3
Explanatory note 4
The proposed amendment omits duplicated matter. 5
2.8 Commercial Agents and Private Inquiry Agents Act 2004 No 70 6
Section 30 (2) (note) and (3) 7
Omit "Division 3 of Part 5" wherever occurring. Insert instead "Part 5A". 8
Explanatory note 9
The proposed amendment updates cross-references. 10
2.9 Crimes (Administration of Sentences) Act 1999 No 93 11
Section 62 (1) and (2) 12
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 13
Insert instead "Crimes (Appeal and Review) Act 2001". 14
Explanatory note 15
The proposed amendment updates cross-references. 16
2.10 Crimes (Administration of Sentences) Regulation 2014 17
Clause 166 (3) (a) 18
Omit "and". Insert instead "or". 19
Explanatory note 20
The proposed amendment corrects a conjunction. 21
2.11 Crimes (Forensic Procedures) Act 2000 No 59 22
Section 115A 23
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 24
Insert instead "Crimes (Appeal and Review) Act 2001". 25
Explanatory note 26
The proposed amendment updates cross-references. 27
2.12 Crimes (Sentencing Procedure) Act 1999 No 92 28
Section 10A (2) and note 29
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 30
Insert instead "Crimes (Appeal and Review) Act 2001". 31
Explanatory note 32
The proposed amendment updates cross-references. 33
Page 18
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.13 Criminal Appeal Act 1912 No 16 1
Section 5F (7) 2
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 3
Insert instead "Crimes (Appeal and Review) Act 2001". 4
Explanatory note 5
The proposed amendment updates a cross-reference. 6
2.14 Criminal Procedure Act 1986 No 209 7
[1] Section 8 (3) 8
Omit "is". Insert instead "are". 9
[2] Sections 121 (paragraph (c) of the definition of "criminal proceedings") and 256 10
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 11
Insert instead "Crimes (Appeal and Review) Act 2001". 12
Explanatory note 13
Item [1] of the proposed amendments corrects a grammatical error. Item [2] updates 14
cross-references. 15
2.15 Director of Public Prosecutions Act 1986 No 207 16
Section 3 (1), paragraph (a) of the definition of "appeal" 17
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 18
Insert instead "Crimes (Appeal and Review) Act 2001". 19
Explanatory note 20
The proposed amendment updates a cross-reference. 21
2.16 District Court Rules 1973 22
[1] Part 3, rule 3 (5) 23
Insert "to" after "not". 24
[2] Part 53, rules 2-3, 7 (2), 10 (2) (gi) and 12A 25
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 26
Insert instead "Crimes (Appeal and Review) Act 2001". 27
Explanatory note 28
Item [1] of the proposed amendments inserts a missing word. Item [2] updates cross-references. 29
2.17 Electricity Supply (Corrosion Protection) Regulation 2014 30
Clause 6 (1) 31
Omit "made be". Insert instead "be made". 32
Explanatory note 33
The proposed amendment corrects word order. 34
Page 19
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.18 Electricity Supply (General) Regulation 2014 1
Part 4, heading, and clauses 14 (1), 21 (4), 22 (1) (a) and 67 2
Omit "service providers" wherever occurring. Insert instead "distributors". 3
Explanatory note 4
The proposed amendment updates terminology. 5
2.19 Environmental Planning and Assessment Amendment Act 2014 No 79 6
Schedule 2 [2], proposed section 119E (4) (b) 7
Omit "the of". Insert instead "the". 8
Explanatory note 9
The proposed amendment omits a redundant word. 10
2.20 Environmental Planning and Assessment Regulation 2000 11
[1] Clause 108 (1) (a) and (b) 12
Omit "to be to be" wherever occurring. Insert instead "to be". 13
[2] Schedule 3, clause 38, paragraph (c) of the definition of "environmentally sensitive 14
area" 15
Omit "Division 2 of Part 7 of the Fisheries Management Act 1994". 16
Insert instead "Division 2 of Part 5 of the Marine Estate Management Act 2014". 17
Explanatory note 18
Item [1] of the proposed amendments removes duplicate words. Item [2] updates a cross-reference. 19
2.21 Financial Transaction Reports Act 1992 No 99 20
[1] Section 4 (2), note 21
Omit the note. 22
[2] Note at end of Act 23
Omit the note. 24
Explanatory note 25
The proposed amendments omit redundant matter. 26
2.22 Fines Act 1996 No 99 27
Schedule 1 28
Omit "Electricity Supply Act 1995, section 103A". 29
Insert instead "Electricity Supply Act 1995, section 187". 30
Explanatory note 31
The proposed amendment updates a cross-reference. 32
Page 20
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.23 Fisheries Management Act 1994 No 38 1
Section 220O, note 2
Omit ", declaration of aquatic reserves (ss 194-197)". 3
Explanatory note 4
The proposed amendment removes matter made redundant by the enactment of the Marine Estate 5
Management Act 2014. 6
2.24 Health Practitioner Regulation (Adoption of National Law) Act 2009 7
No 86 8
Schedule 1 [25], Schedule 5A 9
Insert "[NSW]" at the end of the heading to Part 6. 10
Explanatory note 11
The proposed amendment inserts a missing reference. 12
2.25 Industrial Relations Act 1996 No 17 13
[1] Section 197 (2) 14
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 15
Insert instead "Crimes (Appeal and Review) Act 2001". 16
[2] Section 382 (1) 17
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 18
[3] Schedule 2, clause 13 (5) 19
Omit "section". Insert instead "clause". 20
Explanatory note 21
Items [1] and [2] of the proposed amendments update cross-references. Item [3] corrects terminology. 22
2.26 Industrial Relations Amendment (Jurisdiction of Industrial Relations 23
Commission) Act 2009 No 32 24
[1] Schedule 2.3 25
Omit the subschedule. 26
[2] Schedule 2.17, heading 27
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 28
Explanatory note 29
Item [1] of the proposed amendments repeals an uncommenced amendment to a repealed Act. 30
Item [2] updates a cross-reference. 31
2.27 Landlord and Tenant Act 1899 No 18 32
[1] Section 2AA (1) (c) 33
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 34
Page 21
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
[2] Section 31 (2) and (3) 1
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 2
Insert instead "Crimes (Appeal and Review) Act 2001". 3
Explanatory note 4
The proposed amendments update cross-references. 5
2.28 Landlord and Tenant (Amendment) Act 1948 No 25 6
[1] Section 8 (1B) (b) (i) 7
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 8
[2] Section 41 (2) 9
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 10
Insert instead "Crimes (Appeal and Review) Act 2001". 11
Explanatory note 12
The proposed amendments update cross-references. 13
2.29 Law Enforcement and National Security (Assumed Identities) Act 2010 14
No 73 15
Section 6 (4) (c) 16
Omit "a an". Insert instead "an". 17
Explanatory note 18
The proposed amendment omits a redundant word. 19
2.30 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 20
Section 144 21
Omit "Disorderly Houses Act 1943". Insert instead "Restricted Premises Act 1943". 22
Explanatory note 23
The proposed amendment updates a cross-reference. 24
2.31 Lithgow Local Environmental Plan 2014 25
Schedule 5, Part 1 26
Omit "forrner" from the matter relating to item I113. Insert instead "former". 27
Explanatory note 28
The proposed amendment corrects a spelling error. 29
2.32 Marine Estate Management Regulation 2009 30
Clause 26 31
Omit "its". Insert instead "their". 32
Explanatory note 33
The proposed amendment corrects a grammatical error. 34
Page 22
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.33 Marine Pollution Regulation 2014 1
Clause 15 (1) (c) (iv) and (v) 2
Omit the subparagraphs. Insert instead: 3
(iv) a marine park or an aquatic reserve (within the meaning of the 4
Marine Estate Management Act 2014), 5
Explanatory note 6
The proposed amendment updates references consequent on the enactment of the Marine Estate 7
Management Act 2014. 8
2.34 Mining Act 1992 No 29 9
Section 175C (1A) 10
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 11
Insert instead "Crimes (Appeal and Review) Act 2001". 12
Explanatory note 13
The proposed amendment updates a cross-reference. 14
2.35 Minors (Property and Contracts) Act 1970 No 60 15
Section 27 (7) 16
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 17
Insert instead "Crimes (Appeal and Review) Act 2001". 18
Explanatory note 19
The proposed amendment updates a cross-reference. 20
2.36 Motor Dealers and Repairers Regulation 2014 21
[1] Clause 54 (i) 22
Omit "and". Insert instead "any". 23
[2] Schedule 2, Form 9, heading 24
Omit "Motor Vehicle (Caravans and Trailers)". 25
Insert instead "Towable Recreational Vehicles". 26
[3] Schedule 2, Form 9 27
Omit "MOTOR VEHICLES (Caravans and Trailers)". 28
Insert instead "TOWABLE RECREATIONAL VEHICLES". 29
[4] Schedule 2, Form 12 30
Omit "make take". Insert instead "may take". 31
Explanatory note 32
Items [1] and [4] of the proposed amendments correct typographical errors. Items [2] and [3] update 33
terminology. 34
2.37 Narromine Local Environmental Plan 2011 35
[1] Clause 4.2D (4) 36
Renumber paragraph (b) where secondly occurring as paragraph (c). 37
Page 23
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
[2] Clause 4.2D, note 1
Omit "sets". Insert instead "set". 2
Explanatory note 3
The proposed amendments correct typographical errors. 4
2.38 National Parks and Wildlife Act 1974 No 80 5
[1] Section 71M, note 6
Omit "71R-71U" and "71R-71T". 7
Insert instead "71R, 71S and 71U" and "71R and 71S", respectively. 8
[2] Sections 71AB (1) and 71BD (1) 9
Omit ", 71S and 71T" wherever occurring. Insert instead "and 71S". 10
[3] Section 71AY 11
Omit "state game reserve,". 12
[4] Section 88 (1) 13
Omit "section 87". Insert instead "Division 2". 14
[5] Section 154 (k) 15
Omit "permits issued under section 87". 16
Insert instead "Aboriginal heritage impact permits". 17
Explanatory note 18
Items [1] and [2] of the proposed amendments omit references to a repealed provision. Item [3] 19
repeals a reference to a category of reserve that no longer exists. Items [4] and [5] update references 20
consequent on the enactment of the National Parks and Wildlife Amendment Act 2010. 21
2.39 Passenger Transport Act 2014 No 46 22
[1] Section 124 (3) (c) 23
Omit "polices". Insert instead "policies". 24
[2] Schedule 3, clause 12 (1) 25
Omit "a service provided by". 26
Explanatory note 27
Item [1] of the proposed amendments corrects a typographical error. Item [2] clarifies terminology. 28
2.40 Photo Card Act 2005 No 20 29
Section 31 (2) 30
Omit "or". Insert instead "of". 31
Explanatory note 32
The proposed amendment corrects a typographical error. 33
Page 24
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.41 Pipelines Regulation 2013 1
Schedule 1, Form 2 2
Omit "[date] to [date]". Insert instead "[place] to [place]". 3
Explanatory note 4
The proposed amendment replaces incorrect words. 5
2.42 Protection of the Environment Operations Act 1997 No 156 6
Section 290 (2) 7
Omit "Crimes (Local Courts Appeal and Review) Act 2001". 8
Insert instead "Crimes (Appeal and Review) Act 2001". 9
Explanatory note 10
The proposed amendment updates a cross-reference. 11
2.43 Protection of the Environment Operations (Clean Air) Regulation 2010 12
Clause 77 (5) 13
Omit "68 (1) (l) or 71 (a)". Insert instead "69 (1) (l) or 72 (a)". 14
Explanatory note 15
The proposed amendment corrects cross-references. 16
2.44 Protection of the Environment Operations (General) Regulation 2009 17
[1] Clause 81 (6) (l) 18
Omit "a marine park ranger within the meaning of the Marine Parks Act 1997". 19
Insert instead "an authorised officer within the meaning of the Marine Estate Management 20
Act 2014". 21
[2] Clause 84, definition of "marine park" 22
Omit "Marine Parks Act 1997". 23
Insert instead "Marine Estate Management Act 2014". 24
Explanatory note 25
The proposed amendments update references consequent on the enactment of the Marine Estate 26
Management Act 2014. 27
2.45 Public Finance and Audit Act 1983 No 152 28
Schedule 2 29
Omit "New South Wales Electoral Commission" where firstly occurring. 30
Explanatory note 31
The proposed amendment omits duplicated matter. 32
2.46 Regional Development Act 2004 No 58 33
Section 5, note 34
Omit "Division 3 of Part 5". Insert instead "Part 5A". 35
Explanatory note 36
The proposed amendment updates a cross-reference. 37
Page 25
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.47 Residential (Land Lease) Communities Act 2013 No 97 1
Section 112 (4) (b) 2
Omit "dealer's licence under the Motor Dealers Act 1974". 3
Insert instead "motor dealer's licence under the Motor Dealers and Repairers Act 2013". 4
Explanatory note 5
The proposed amendment updates terminology and a cross-reference. 6
2.48 Retirement Villages Act 1999 No 81 7
Section 129 (2) (h) (i) 8
Insert "the" after "on". 9
Explanatory note 10
The proposed amendment inserts a missing word. 11
2.49 Rice Marketing Act 1983 No 176 12
Section 52 (3) 13
Omit "Auctioneers and Agents Act 1941". 14
Insert instead "Property, Stock and Business Agents Act 2002". 15
Explanatory note 16
The proposed amendment updates a cross-reference. 17
2.50 Road Transport (Driver Licensing) Regulation 2008 18
Clause 91 (2) (a) 19
Omit "approved interlock installer or approved interlock service provider". 20
Insert instead "acceptable provider". 21
Explanatory note 22
The proposed amendment updates terminology. 23
2.51 Road Transport (Vehicle Registration) Regulation 2007 24
Clause 14E (1) (b) 25
Omit "NSW Rego App". Insert instead "Service NSW App". 26
Explanatory note 27
The proposed amendment updates a reference to a program. 28
2.52 State Environmental Planning Policy (State and Regional 29
Development) 2011 30
Schedule 5, clause 4 (4) (b) 31
Omit "Beverley Hills". Insert instead "Beverly Hills". 32
Explanatory note 33
The proposed amendment corrects the name of a suburb. 34
Page 26
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
2.53 Supreme Court Act 1970 No 52 1
Sections 69B (2), 71A (9), 75A (3) (a) and 101 (2) (h) 2
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever occurring. 3
Insert instead "Crimes (Appeal and Review) Act 2001". 4
Explanatory note 5
The proposed amendment updates cross-references. 6
2.54 Supreme Court (Corporations) Rules 1999 7
Rules 15A.6 (2), 15A.7 (2) and (4) and 15A.9 (3) and (5) 8
Omit "paragraph" wherever occurring. Insert instead "subrule". 9
Explanatory note 10
The proposed amendment corrects terminology. 11
2.55 Supreme Court Rules 1970 12
Part 13, rule 3 (5) 13
Insert "to" after "not". 14
Explanatory note 15
The proposed amendment inserts a missing word. 16
2.56 Taxation Administration Act 1996 No 97 17
Section 82 (j) 18
Omit "Chief Executive Officer of the Australian Customs Service". 19
Insert instead "Comptroller-General of Customs". 20
Explanatory note 21
The proposed amendment updates terminology. 22
2.57 Water Sharing Plan for the Greater Metropolitan Region Unregulated 23
River Water Sources 2011 24
[1] Clause 31 (a) 25
Omit "paragraph (d)". Insert instead "paragraph (c)". 26
[2] Clause 31 (a) 27
Omit "paragraphs (c) and (e)". Insert instead "paragraphs (b) and (d)". 28
[3] Clause 31 29
Renumber paragraphs (c)-(f) as paragraphs (b)-(e). 30
[4] Clause 31 (b) (as renumbered by item [3]) 31
Omit "paragraph (e)". Insert instead "paragraph (d)". 32
[5] Clause 31 (c) (as renumbered by item [3]) 33
Renumber subparagraphs (a) and (b) as subparagraphs (i) and (ii). 34
Page 27
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 2 Amendments by way of statute law revision
[6] Clause 31 (c) (as renumbered by item [3]) 1
Omit "paragraphs (c) and (e)". Insert instead "paragraphs (b) and (d)". 2
[7] Clause 31 (d) (as renumbered by item [3]), note 3
Omit "paragraph (e)". Insert instead "paragraph (d)". 4
Explanatory note 5
The proposed amendments correct numbering and cross-references. 6
2.58 Work Health and Safety (Mines) Regulation 2014 7
Clause 3 (1), note 8
Omit "Act". Insert instead "Regulation". 9
Explanatory note 10
The proposed amendment corrects a reference. 11
2.59 Wyong Local Environmental Plan 2013 12
Schedule 5, Part 1 13
Insert "Local" in the column headed "Significance" in the matter relating to items I33 14
and I39. 15
Explanatory note 16
The proposed amendment inserts missing information. 17
Page 28
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
Schedule 3 Consequential amendments relating to 1
enactment of Government Sector Employment 2
Act 2013 3
Explanatory note 4
This Schedule contains amendments that update terminology and references relating to Public 5
Service agencies, heads of agencies and Public Service employees as a consequence of the 6
Government Sector Employment Act 2013. The Schedule also includes other miscellaneous 7
amendments that are consequential on the enactment of that Act. 8
3.1 Art Gallery of New South Wales Act 1980 No 65 9
[1] Section 4 (1), definition of "Director" 10
Omit the definition. Insert instead: 11
Director means the person employed in the Public Service as the Director of 12
the Art Gallery. 13
[2] Section 8 (11), note 14
Omit the note. 15
[3] Section 11 16
Insert before section 12: 17
11 Staff 18
Persons may be employed in the Public Service under the Government Sector 19
Employment Act 2013 to enable the Trust to exercise its functions. 20
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 21
persons so employed (or whose services the Trust makes use of) may be referred to 22
as officers or employees, or members of staff, of the Trust. 23
[4] Section 13 (6) 24
Omit the subsection. Insert instead: 25
(6) In this section, authorised person means the Director or a member of staff of 26
the Trust. 27
[5] Section 14 (2) (a) 28
Omit the paragraph. Insert instead: 29
(a) the remuneration of members of staff of the Trust, or 30
[6] Schedule 1, clause 3 31
Omit the clause. Insert instead: 32
3 Application of Government Sector Employment Act 2013 33
The provisions of the Government Sector Employment Act 2013 relating to the 34
employment of Public Service employees do not apply to a trustee. 35
3.2 Australian Jockey and Sydney Turf Clubs Merger Act 2010 No 93 36
Schedule 4, clause 7 (1) 37
Omit the subclause. Insert instead: 38
(1) The provisions of the Government Sector Employment Act 2013 relating to the 39
employment of Public Service employees do not apply to a Trustee. 40
Page 29
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.3 Australian Museum Trust Act 1975 No 95 1
[1] Section 4 (1), definition of "Director" 2
Omit the definition. Insert instead: 3
Director means the person employed in the Public Service as the Director of 4
the Australian Museum. 5
[2] Section 8 (11), note 6
Omit the note. 7
[3] Section 11 8
Insert before section 12: 9
11 Staff 10
Persons may be employed in the Public Service under the Government Sector 11
Employment Act 2013 to enable the Trust to exercise its functions. 12
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 13
persons so employed (or whose services the Trust makes use of) may be referred to 14
as officers or employees, or members of staff, of the Trust. 15
[4] Section 13 (6) 16
Omit the subsection. Insert instead: 17
(6) In this section, authorised person means the Director or a member of staff of 18
the Trust. 19
[5] Schedule 1, clause 4 20
Omit the clause. Insert instead: 21
4 Application of Government Sector Employment Act 2013 22
The provisions of the Government Sector Employment Act 2013 relating to the 23
employment of Public Service employees do not apply to a trustee. 24
3.4 Bank Integration Act 1992 No 80 25
Section 5 (1), definition of "authorised person" 26
Omit paragraph (b) (ii). Insert instead: 27
(ii) a Public Service senior executive within the meaning of the 28
Government Sector Employment Act 2013, 29
3.5 Building and Construction Industry Long Service Payments Act 1986 30
No 19 31
Schedule 1, clause 6 (1) 32
Omit "Public Service Act 1979". 33
Insert instead "Government Sector Employment Act 2013". 34
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.6 Centenary Institute of Cancer Medicine and Cell Biology 1
Act 1985 No 192 2
Schedule 1, clause 8 (1) 3
Omit "Public Service Act 1979". 4
Insert instead "Government Sector Employment Act 2013". 5
3.7 Centennial Park and Moore Park Trust Act 1983 No 145 6
[1] Section 4 (1), definition of "Director" 7
Omit the definition. Insert instead: 8
Director means the person employed in the Public Service as the Director of 9
Centennial Park and Moore Park. 10
[2] Section 9 (12) 11
Omit the subsection including the note. 12
[3] Section 13 13
Insert before section 14: 14
13 Staff 15
Persons may be employed in the Public Service under the Government Sector 16
Employment Act 2013 to enable the Trust to exercise its functions. 17
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 18
persons so employed (or whose services the Trust makes use of) may be referred to 19
as officers or employees, or members of staff, of the Trust. Section 47A of the 20
Constitution Act 1902 precludes the Trust from employing staff. 21
[4] Schedule 1, clause 4 22
Omit "Public Sector Employment and Management Act 2002". 23
Insert instead "Government Sector Employment Act 2013". 24
3.8 Central Coast Water Corporation Act 2006 No 105 25
[1] Schedule 3, clause 6 (1) (d) 26
Omit "Chapter 5 of the Public Sector Employment and Management Act 2002". 27
Insert instead "Part 6 of the Government Sector Employment Act 2013". 28
[2] Schedule 3, clause 8 (1) 29
Omit the subclause. Insert instead: 30
(1) The provisions of the Government Sector Employment Act 2013 relating to the 31
employment of Public Service employees do not apply to a director of the 32
Corporation. 33
[3] Schedule 3, clause 8 (2) 34
Omit "Chapter 5 of the Public Sector Employment and Management Act 2002". 35
Insert instead "Part 6 of the Government Sector Employment Act 2013". 36
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[4] Schedule 3, clause 8 (2) (b) 1
Omit "section 118 (7)". Insert instead "section 78 (7)". 2
[5] Schedule 4, clause 7 (1) 3
Omit the subclause. Insert instead: 4
(1) The provisions of the Government Sector Employment Act 2013 relating to the 5
employment of Public Service employees do not apply to the chief executive 6
officer. 7
[6] Schedule 4, clause 7 (2) 8
Omit "Chapter 5 of the Public Sector Employment and Management Act 2002". 9
Insert instead "Part 6 of the Government Sector Employment Act 2013". 10
[7] Schedule 4, clause 7 (2) (b) 11
Omit "section 118 (7)". Insert instead "section 78 (7)". 12
3.9 Children's Court Act 1987 No 53 13
[1] Section 10A (1) 14
Omit "Public Sector Management Act 1988". 15
Insert instead "Government Sector Employment Act 2013". 16
[2] Section 11 17
Omit "Public Service Act 1979". 18
Insert instead "Government Sector Employment Act 2013". 19
[3] Schedule 1, clause 4 20
Omit the clause. Insert instead: 21
4 Government Sector Employment Act 2013 not to apply 22
The office of Children's Magistrate is a statutory office and the Government 23
Sector Employment Act 2013 does not apply to that office. 24
3.10 Civil and Administrative Tribunal Act 2013 No 2 25
[1] Section 66 (4) and clause 9 (3) of Schedule 3 26
Omit "Director-General" wherever occurring. Insert instead "Secretary". 27
[2] Schedule 2, clause 14 (1) 28
Omit "Public Sector Employment and Management Act 2002". 29
Insert instead "Government Sector Employment Act 2013". 30
3.11 Coal Innovation Administration Act 2008 No 50 31
[1] Section 14 32
Omit "Government". Insert instead "Public". 33
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[2] Schedule 1, clause 7 (1) 1
Omit the subclause. Insert instead: 2
(1) The provisions of the Government Sector Employment Act 2013 relating to the 3
employment of Public Service employees do not apply to a member. 4
3.12 Community Services (Complaints, Reviews and Monitoring) Act 1993 5
No 2 6
[1] Section 4 (1), definition of "relevant Minister" 7
Omit paragraph (a). Insert instead: 8
(a) in the case of a service provider that is a Public Service agency, the 9
Minister to whom that agency is responsible, or 10
[2] Section 7 (4) 11
Omit the subsection. Insert instead: 12
(4) The provisions of the Government Sector Employment Act 2013 relating to the 13
employment of Public Service employees do not apply to an Official 14
Community Visitor. 15
[3] Section 34C (4) (e) and (f) 16
Omit "Attorney General and" wherever occurring. 17
[4] Section 34K (1) (a) 18
Omit "the Department Head, chief executive officer or senior member of any department 19
of the government". 20
Insert instead "head, chief executive officer, senior executive or senior member of any 21
Public Service agency". 22
[5] Section 34L (1) (d) 23
Omit "a Department Head, chief executive officer or senior member of any department of 24
the government". 25
Insert instead "the head, chief executive officer, senior executive or senior member of any 26
Public Service agency". 27
[6] Section 38 (1) (d) 28
Omit "Department Head, chief executive officer or senior member of any department of the 29
government". 30
Insert instead "head, chief executive officer, senior executive or senior member of any 31
Public Service agency". 32
[7] Schedule 2, clause 4 33
Omit "department of the government". Insert instead "Public Service agency". 34
[8] Schedule 2, clause 7 (1) 35
Omit the subclause. Insert instead: 36
(1) The provisions of the Government Sector Employment Act 2013 relating to the 37
employment of Public Service employees do not apply to a member. 38
Page 33
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.13 Community Welfare Act 1987 No 52 1
[1] Section 3 (1), definition of "officer" 2
Omit the definition. Insert in alphabetical order: 3
employee means a person employed in the Department. 4
[2] Section 11 (2) 5
Omit "officer's". Insert instead "employee's". 6
[3] Section 11 (5) 7
Omit "Board". Insert instead "Commissioner". 8
[4] Sections 75, 76B and 76C and clause 12 of Schedule 2 9
Omit "officer" wherever occurring. Insert instead "employee". 10
3.14 Council of Law Reporting Act 1969 No 59 11
Section 8 (2) (a) 12
Omit the paragraph. Insert instead: 13
(a) with the approval of the Minister to whom the Public Service agency 14
concerned is responsible and of the Public Service Commissioner, and 15
on such terms as may be arranged, make use of the services of persons 16
employed in a Public Service agency, and 17
3.15 Crime Commission Act 2012 No 66 18
[1] Section 4 (1), definition of "government agency" 19
Omit paragraph (b). Insert instead: 20
(b) a government sector agency within the meaning of the Government 21
Sector Employment Act 2013, 22
[2] Section 14 (2) 23
Omit the subsection including the note. 24
[3] Section 74 (1) 25
Omit the subsection. Insert instead: 26
(1) The staff of the Commission comprises: 27
(a) those persons who are employed in the Public Service under the 28
Government Sector Employment Act 2013 to enable the Commission to 29
exercise its functions, and 30
(b) the persons referred to in subsections (2), (3) and (4). 31
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 32
persons so employed (or whose services the Commission makes use of) may be 33
referred to as officers or employees, or members of staff, of the Commission. 34
Section 47A of the Constitution Act 1902 precludes the Commission from employing 35
staff. 36
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[4] Section 74 (6) 1
Omit the subsection. Insert instead: 2
(6) The regulations may make provision for or with respect to the appointment, 3
conditions of employment, discipline, code of conduct and termination of 4
employment of staff of the Commission (except in so far as provision is made 5
for those matters under the Government Sector Employment Act 2013). 6
[5] Section 78A (2) (d) 7
Omit "Attorney General and". 8
[6] Schedule 1, clause 9 9
Omit the clause. Insert instead: 10
9 Public Service employment provisions excluded 11
The offices of Commissioner and Assistant Commissioner are statutory 12
offices and the Government Sector Employment Act 2013 does not apply to 13
those offices. 14
[7] Schedule 2, clause 8 (1) 15
Omit the subclause. Insert instead: 16
(1) The provisions of the Government Sector Employment Act 2013 relating to the 17
employment of Public Service employees do not apply to an appointed 18
member. 19
[8] Schedule 3, clause 8 (1) 20
Omit the subclause. Insert instead: 21
(1) The office of Inspector is a statutory office and the Government Sector 22
Employment Act 2013 does not apply to that office. 23
3.16 Crimes (Administration of Sentences) Act 1999 No 93 24
[1] Section 3 (1), definitions of "Commissioner" and "Corrective Services NSW" 25
Omit "and Attorney General" wherever occurring. 26
[2] Section 3 (1), definition of "law enforcement agency" 27
Omit "Juvenile" from paragraph (h). 28
[3] Sections 78 (3) and 193 (3) 29
Omit "Director-General of the Department of Juvenile Justice" wherever occurring. 30
Insert instead "Secretary of the Department of Justice". 31
[4] Sections 92 (5) and 242 (6) 32
Omit "and Attorney General" wherever occurring. 33
[5] Section 128A (2) (b) 34
Omit "public servant employed within the Department of Juvenile Justice". 35
Insert instead "person employed in the Department of Justice". 36
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[6] Section 193 (4) 1
Omit "Director-General of the Department of Health". 2
Insert instead "Secretary of the Ministry of Health". 3
[7] Section 231 4
Omit "staff are to be appointed or employed under the Public Sector Management 5
Act 1988". 6
Insert instead "are to be employed in the Public Service under the Government Sector 7
Employment Act 2013". 8
[8] Section 235B 9
Omit "Public Sector Management Act 1988 or the regulations". 10
Insert instead "Government Sector Employment Act 2013 or the regulations or rules". 11
[9] Section 236N (1) 12
Omit "under Chapter 1A of the Public Sector Employment and Management Act 2002". 13
Insert instead "under Part 4 of the Government Sector Employment Act 2013". 14
[10] Section 241 (3) 15
Omit "Public Sector Management Act 1988". 16
Insert instead "Government Sector Employment Act 2013". 17
[11] Section 242 (1) 18
Omit "appointed under the Public Sector Management Act 1988". 19
Insert instead "employed in the Public Service under the Government Sector Employment 20
Act 2013". 21
[12] Section 252A (1) 22
Omit "an officer of the Department of Juvenile Justice". 23
Insert instead "a person employed in the Department of Justice". 24
[13] Schedule 1, clause 9 (1) 25
Omit the subclause. Insert instead: 26
(1) The provisions of the Government Sector Employment Act 2013 relating to the 27
employment of Public Service employees do not apply to an appointed 28
member. 29
[14] Schedule 2, clause 9 (1) 30
Omit the subclause. Insert instead: 31
(1) The provisions of the Government Sector Employment Act 2013 relating to the 32
employment of Public Service employees do not apply to an appointed 33
member. 34
3.17 Crimes (Sentencing Procedure) Act 1999 No 92 35
[1] Section 3 (1), definition of "juvenile justice officer" 36
Omit "Juvenile". 37
Page 36
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[2] Sections 51A (2) (b) and 100D (1) (b) 1
Omit "public servant employed within the Department of Juvenile Justice" wherever 2
occurring. 3
Insert instead "person employed in the Department of Justice". 4
[3] Section 60A, definition of "person responsible for the detention of the offender" 5
Omit "Director-General" wherever occurring. Insert instead "Secretary". 6
[4] Section 60A, definition of "person responsible for the detention of the offender" 7
Omit "Attorney General and" wherever occurring. 8
[5] Section 63 (4), definition of "correctional officer" 9
Omit "Corrective Services" from paragraph (b). Insert instead "Justice". 10
[6] Sections 100I (2) (h) and 100J (4) 11
Omit "Attorney General's Department" wherever occurring. 12
Insert instead "Department of Justice". 13
[7] Section 100L 14
Omit "government department". Insert instead "Public Service agency". 15
[8] Schedule 1A, clause 8 (1) 16
Omit the subclause. Insert instead: 17
(1) The provisions of the Government Sector Employment Act 2013 relating to the 18
employment of Public Service employees do not apply to a member. 19
3.18 Crown Advocate Act 1979 No 59 20
Section 4 21
Omit the section. Insert instead: 22
4 Government Sector Employment Act 2013 not to apply 23
The office of Crown Advocate is a statutory office and the Government Sector 24
Employment Act 2013 does not apply to that office. 25
3.19 Crown Prosecutors Act 1986 No 208 26
[1] Section 11 27
Omit the section. Insert instead: 28
11 Government Sector Employment Act 2013 not to apply 29
The offices of Senior Crown Prosecutor, Deputy Senior Crown Prosecutor and 30
Crown Prosecutor are statutory offices and the Government Sector 31
Employment Act 2013 (including Part 6) does not apply to those offices. 32
[2] Schedule 1, clause 2 (1) (a) 33
Omit the paragraph. Insert instead: 34
(a) a Public Service employee, 35
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[3] Schedule 1, clause 3 (1) (b) 1
Omit the paragraph. Insert instead: 2
(b) was, immediately before being appointed as a Crown Prosecutor, a 3
Public Service employee or member of staff of a statutory body, 4
[4] Schedule 1, clause 3 (1) 5
Omit "appointed to some position in the Public Service or the service of that statutory body, 6
as the case may be, not lower in classification and salary than that which the person held". 7
Insert instead "employed in the Public Service or as a member of staff of that statutory 8
body, as the case requires, at a work level and salary not lower than the level at which the 9
person was employed". 10
[5] Schedule 1, clause 3 (2) (a) 11
Omit "officer or employee". Insert instead "employee or member of staff". 12
[6] Schedule 1, clause 3 (2) 13
Omit "appointment as such an officer or employee". 14
Insert instead "employment as such an employee or member of staff". 15
3.20 Director of Public Prosecutions Act 1986 No 207 16
[1] Section 9A (1) 17
Omit "Government Service or". Insert instead "Public Service or as". 18
[2] Section 15A (9), definition of "law enforcement officer" 19
Omit "an officer". Insert "a member of staff". 20
[3] Section 32 21
Omit the section. Insert instead: 22
32 Staff 23
Persons may be employed in the Public Service under the Government Sector 24
Employment Act 2013 to enable the Director and Solicitor to exercise their 25
functions. 26
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 27
persons so employed (or whose services the Director or Solicitor makes use of) may 28
be referred to as officers or employees, or members of staff, of the Director or Solicitor. 29
Section 47A of the Constitution Act 1902 precludes the Director and Solicitor from 30
employing staff. 31
[4] Schedule 1, clause 7 32
Omit the clause. Insert instead: 33
7 Government Sector Employment Act 2013 34
The office of a Senior Officer is a statutory office and the Government Sector 35
Employment Act 2013 (including Part 6) does not apply to that office. 36
Page 38
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[5] Schedule 1, clause 9 (1) 1
Omit the subclause. Insert instead: 2
(1) Subject to subclause (2) and to the terms of appointment, if a Senior Officer 3
was, immediately before being appointed as a Senior Officer: 4
(a) a Public Service employee, or 5
(b) a contributor to a superannuation scheme, or 6
(c) a member of staff of a statutory body, or 7
(d) a person in respect of whom provision was made by any Act for the 8
retention of any rights accrued or accruing to the person as a Public 9
Service employee or member of staff of a statutory body, 10
the Senior Officer: 11
(e) retains any rights accrued or accruing to the Senior Officer as such an 12
employee, contributor or member of staff, and 13
(f) may continue to contribute to any superannuation scheme to which the 14
Senior Officer was a contributor immediately before being appointed as 15
a Senior Officer, and 16
(g) is entitled to receive any deferred or extended leave and any payment, 17
pension or gratuity, 18
as if the Senior Officer had continued to be such an employee, contributor or 19
member of staff during his or her service as a Senior Officer, and: 20
(h) his or her service as a Senior Officer is taken to be service as an 21
employee or member of staff for the purpose of any law under which 22
those rights accrued or were accruing, under which the Senior Officer 23
continues to contribute or by which that entitlement is conferred, and 24
(i) the Senior Officer is taken to be an employee or member of staff for the 25
purposes of the superannuation scheme to which the Senior Officer is 26
entitled to contribute under this clause. 27
[6] Schedule 1, clause 9 (3) 28
Omit "officer or employee". Insert instead "employee or member of staff". 29
[7] Schedule 1, clause 11 (1) (b) 30
Omit the paragraph. Insert instead: 31
(b) was, immediately before being appointed as a Senior Officer, a Public 32
Service employee or member of staff of a statutory body, 33
[8] Schedule 1, clause 11 (1) 34
Omit "appointed to some position in the Public Service or the service of that statutory body, 35
as the case may be, not lower in classification and salary than that which the person held". 36
Insert instead "employed in the Public Service or as a member of staff of that statutory 37
body, as the case requires, at a work level and salary not lower than the level at which the 38
person was employed". 39
[9] Schedule 1, clause 11 (2) (a) 40
Omit "officer or employee". Insert instead "employee or member of staff". 41
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[10] Schedule 1, clause 11 (2) 1
Omit "appointment as such an officer or employee". 2
Insert instead "employment as such an employee or member of staff". 3
3.21 Election Funding, Expenditure and Disclosures Act 1981 No 78 4
[1] Section 110 (1), definition of "inspector" 5
Omit paragraph (a). Insert instead: 6
(a) who is employed in the Public Service, or 7
[2] Section 110A (8) (a) 8
Omit the paragraph. Insert instead: 9
(a) who is employed in the Public Service, or 10
3.22 Electricity Generator Assets (Authorised Transactions) Act 2012 No 35 11
[1] Section 27 12
Omit "officer of the Government Service". Insert instead "Public Service employee". 13
[2] Schedule 2, clause 2 (5) 14
Omit "Public Sector Employment and Management Act 2002 (Chapter 5 included)". 15
Insert instead "Government Sector Employment Act 2013 (Part 6 included)". 16
3.23 Energy and Utilities Administration Act 1987 No 103 17
[1] Long title 18
Omit "to establish the Department of Energy;". 19
[2] Section 3 (1), definition of "State agency" 20
Omit paragraph (b). Insert instead: 21
(b) a Public Service agency, or 22
[3] Section 9 23
Insert after section 8: 24
9 Staff 25
Persons may be employed in the Public Service under the Government Sector 26
Employment Act 2013 to enable the Corporation to exercise its functions. 27
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 28
persons so employed (or whose services the Corporation makes use of) may be 29
referred to as officers or employees, or members of staff, of the Corporation. 30
Section 47A of the Constitution Act 1902 precludes the Corporation from employing 31
staff. 32
[4] Section 12 (1A) 33
Omit the subsection including the note. 34
[5] Section 42 (b) 35
Omit "officer of the Department or". Insert instead "member of staff of the". 36
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[6] Section 45 (5) (b) 1
Omit the paragraph. Insert instead: 2
(b) a Public Service employee, or 3
3.24 Energy Services Corporations Act 1995 No 95 4
Schedule 2, clause 2 (4) 5
Omit "Public Sector Management Act 1988 (Part 8 included)". 6
Insert instead "Government Sector Employment Act 2013 (Part 6 included)". 7
3.25 Environmental Planning and Assessment Act 1979 No 203 8
[1] Section 4 (1), definition of "officer of the Department" 9
Omit the definition. Insert in alphabetical order: 10
employee of the Department means a person employed in the Department. 11
Note. This includes the Secretary--see section 23 (5) of the Government Sector 12
Employment Act 2013. 13
[2] Section 4 (1), definition of "public authority" 14
Omit paragraph (b). Insert instead: 15
(b) a Public Service agency, or 16
[3] Section 4 (1), definition of "public authority" 17
Omit paragraph (d). Insert instead: 18
(d) a Public Service senior executive within the meaning of the Government 19
Sector Employment Act 2013, or 20
[4] Section 4 (3A) 21
Omit "government Department". Insert instead "Public Service agency". 22
[5] Sections 5B (1), 5C (2) (c), 5D (note), 26 (1B), 34A, 79B, 110C, 112B (2), 112C, 112D, 23
112E and 115N (5) 24
Omit "Director-General of the Department of Environment, Climate Change and Water" 25
wherever occurring. 26
Insert instead "Chief Executive of the Office of Environment and Heritage". 27
[6] Sections 5C (2) (c) and 34A (7) 28
Omit "Director-General of the Department of Industry and Investment" wherever 29
occurring. 30
Insert instead "Secretary of the Department of Industry, Skills and Regional Development". 31
[7] Sections 8 (3), 23 (1) (a) and 150 (1) (b) (i) 32
Omit "officer" wherever occurring. Insert instead "employee". 33
[8] Section 23 (1) (b) 34
Omit "officer, employee or servant". Insert instead "person". 35
Page 41
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[9] Section 23D (3) and (4) 1
Omit the subsections. Insert instead: 2
(3) The Commission may, with the approval of the Secretary: 3
(a) arrange for the use of the services of any staff or facilities of a public 4
authority, and 5
(b) engage such consultants as it requires to exercise its functions. 6
[10] Sections 34A (5) (a), 79B (4) (b) and 112C (2) (a) 7
Omit "that Director-General" and "that Director-General's" wherever occurring. 8
Insert instead "the Chief Executive" and "the Chief Executive's", respectively. 9
[11] Sections 79B (8A) and (8B) (b) and 112C (4) 10
Omit "the Director-General" wherever occurring. 11
Insert instead "the Chief Executive". 12
[12] Section 79BA (1) (a) 13
Omit "of Planning". 14
[13] Section 115Z (5) (b) 15
Omit "Department". Insert instead "Public Service agency". 16
[14] Section 117A 17
Omit "Director-General" wherever occurring. Insert instead "Secretary". 18
[15] Section 117B (1) (a) 19
Omit "Director-General of the Department". 20
Insert instead "Chief Executive of the Office". 21
[16] Section 121ZC (6) (b) 22
Omit "member of staff of New South Wales Fire Brigades". 23
Insert instead "person employed in Fire and Rescue NSW". 24
[17] Section 145B (4) (c) 25
Omit the paragraph. Insert instead: 26
(c) a Public Service employee, and 27
[18] Section 158 (c) 28
Omit the paragraph. Insert instead: 29
(c) an employee of the Department, or 30
[19] Section 158 31
Omit "the Secretary, a member of staff, a member, a panel member, a committee member 32
or a". 33
Insert instead "Secretary, employee, member or". 34
Page 42
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[20] Schedule 3, clause 8 (1) (d) and Schedule 4, clause 9 (1) (e) 1
Omit "Chapter 5 of the Public Sector Employment and Management Act 2002" wherever 2
occurring. 3
Insert instead "Part 6 of the Government Sector Employment Act 2013". 4
[21] Schedule 3, clause 12 (1) 5
Omit the subclause. Insert instead: 6
(1) The office of a member is a statutory office and the provisions of the 7
Government Sector Employment Act 2013 relating to the employment of 8
Public Service employees do not apply to that office. 9
[22] Schedule 4, clause 13 (1) 10
Omit the subclause. Insert instead: 11
(1) The provisions of the Government Sector Employment Act 2013 relating to the 12
employment of Public Service employees do not apply to a member. 13
[23] Schedule 5B, clause 10 (1) 14
Omit the subclause. Insert instead: 15
(1) The provisions of the Government Sector Employment Act 2013 relating to the 16
employment of Public Service employees do not apply to a member. 17
3.26 Environmental Planning and Assessment Regulation 2000 18
[1] The whole Regulation (except Schedules 6 and 7 and where otherwise amended by 19
this subschedule) 20
Omit "Director-General" and "Director-General's" wherever occurring. 21
Insert instead "Secretary" and "Secretary's", respectively. 22
[2] Clause 3 (1), definition of "Director-General" 23
Omit the definition. 24
[3] Clauses 68 (1) (b) and 111 (1) (b) 25
Omit "Director-General" wherever occurring. Insert instead "Chief Executive". 26
[4] Clauses 68 (1) (b) and 111 (1) (b) and (2) 27
Omit "National Parks and Wildlife" wherever occurring. 28
Insert instead "the Office of Environment and Heritage". 29
[5] Clauses 100 (6) (a) (i), 112 (1) (c) and 244 (heading) 30
Omit "Director-General of National Parks and Wildlife" wherever occurring. 31
Insert instead "Chief Executive of the Office of Environment and Heritage". 32
[6] Clause 100 (6) (b) (i) 33
Omit "Director of NSW Fisheries". 34
Insert instead "Secretary of the Department of Industry, Skills and Regional Development". 35
[7] Clause 123 (1) 36
Omit "Fair Trading". Insert instead "Finance, Services and Innovation". 37
Page 43
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[8] Clause 136E, note 3 1
Omit "Department of Environment, Climate Change and Water". 2
Insert instead "Office of Environment and Heritage". 3
[9] Clause 186Q (2) (b) and (c) 4
Omit "an officer of" wherever occurring. Insert instead "a person employed in". 5
[10] Clause 284 (3) (b) 6
Omit "member of staff of". Insert instead "person employed in". 7
[11] Schedule 4, clause 4 8
Omit "Services, Technology and Administration". 9
Insert instead "Finance, Services and Innovation". 10
[12] Schedule 4, clause 10 11
Omit "Director-General of the Department of Environment, Climate Change and Water". 12
Insert instead "Chief Executive of the Office of Environment and Heritage". 13
[13] Schedule 4, clauses 15 (a) (ii), 16 (b) and 17 (1) (b) 14
Omit "of Planning" wherever occurring. 15
[14] Schedule 4, clause 19 (c) 16
Omit "of Planning and Infrastructure". 17
3.27 Fire Services Joint Standing Committee Act 1998 No 18 18
[1] Schedule 1, clause 5 (1) (d) 19
Omit "Part 8 of the Public Sector Management Act 1988". 20
Insert instead "Part 6 of the Government Sector Employment Act 2013". 21
[2] Schedule 1, clause 8 (1) 22
Omit the subclause. Insert instead: 23
(1) The provisions of the Government Sector Employment Act 2013 relating to the 24
employment of Public Service employees do not apply to a member. 25
3.28 Garvan Institute of Medical Research Act 1984 No 106 26
Schedule 1, clause 9 (1) 27
Omit "Public Service Act 1979". 28
Insert instead "Government Sector Employment Act 2013". 29
3.29 Government Information (Information Commissioner) Act 2009 No 53 30
Section 30 (2) 31
Omit "Director-General or Deputy Director-General (General Counsel)". 32
Insert instead "Secretary or General Counsel". 33
Page 44
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.30 Government Property NSW Act 2006 No 40 1
[1] Section 3 (1), definition of "Chief Executive Officer" 2
Omit the definition. Insert instead: 3
Chief Executive Officer means the person employed in the Public Service as 4
the Chief Executive Officer of Government Property NSW. 5
[2] Section 3 (1), definition of "government agency" 6
Omit paragraph (c). Insert instead: 7
(c) a Public Service agency, 8
[3] Section 7A 9
Insert after section 7: 10
7A Staff 11
Persons may be employed in the Public Service under the Government Sector 12
Employment Act 2013 to enable Government Property NSW to exercise its 13
functions. 14
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 15
persons so employed (or whose services Government Property NSW makes use of) 16
may be referred to as officers or employees, or members of staff, of Government 17
Property NSW. Section 47A of the Constitution Act 1902 precludes Government 18
Property NSW from employing staff. 19
[4] Section 8 (4) (a) 20
Omit the paragraph. Insert instead: 21
(a) a member of staff of Government Property NSW, or 22
[5] Section 11 (4) 23
Omit the subsection including the note. 24
[6] Section 12 (2) 25
Omit "officer of". Insert instead "person employed in or by". 26
[7] Section 21A (9) 27
Omit the subsection. Insert instead: 28
(9) A reference in this section to land owned or occupied by a government agency 29
that is a Public Service agency is a reference to land owned or occupied, or 30
under the control of, the agency or the Minister to whom the agency is 31
responsible. 32
3.31 Greyhound Racing Act 2009 No 19 33
Sections 13 (3) and 14 (3) and clause 17 (1) of Schedule 1 34
Omit "Public Sector Employment and Management Act 2002" wherever occurring. 35
Insert instead "Government Sector Employment Act 2013". 36
Page 45
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.32 Harness Racing Act 2009 No 20 1
Sections 13 (3) and 14 (3) and clause 17 (1) of Schedule 1 2
Omit "Public Sector Employment and Management Act 2002" wherever occurring. 3
Insert instead "Government Sector Employment Act 2013". 4
3.33 Health Care Complaints Act 1993 No 105 5
Schedule 2, clause 3 (1) (d) 6
Omit "Part 8 of the Public Sector Management Act 1988". 7
Insert instead "Part 6 of the Government Sector Employment Act 2013". 8
3.34 Historic Houses Act 1980 No 94 9
[1] Section 4 (1), definition of "Director" 10
Omit the definition. Insert instead: 11
Director means the person employed in the Public Service as the Director of 12
Historic Houses. 13
[2] Section 8 (8) 14
Omit the subsection including the note. 15
[3] Section 13 16
Insert before section 14: 17
13 Staff 18
Persons may be employed in the Public Service under the Government Sector 19
Employment Act 2013 to enable the Trust to exercise its functions. 20
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 21
persons so employed (or whose services the Trust makes use of) may be referred to 22
as officers or employees, or members of staff, of the Trust. Section 47A of the 23
Constitution Act 1902 precludes the Trust from employing staff. 24
[4] Section 15 (6) 25
Omit the subsection. Insert instead: 26
(6) In this section, authorised person means the Director or a member of staff of 27
the Trust. 28
[5] Schedule 1, clause 4 29
Omit the clause. Insert instead: 30
4 Application of Government Sector Employment Act 2013 31
The provisions of the Government Sector Employment Act 2013 relating to the 32
employment of Public Service employees do not apply to a trustee. 33
3.35 Home Building Act 1989 No 147 34
Schedule 5, clause 9 (1) 35
Omit "Public Sector Employment and Management Act 2002". 36
Insert instead "Government Sector Employment Act 2013". 37
Page 46
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.36 Inspector of Custodial Services Act 2012 No 55 1
[1] Section 5 (1) 2
Omit the subsection. Insert instead: 3
(1) Persons may be employed in the Public Service under the Government Sector 4
Employment Act 2013 to enable the Inspector to exercise his or her functions. 5
[2] Sections 5 (3) (a) and 14 (2) 6
Omit "Division of the Government Service" wherever occurring. 7
Insert instead "Public Service agency". 8
[3] Section 5 (4) 9
Omit the subsection. Insert instead: 10
(4) The head of the Public Service agency in which staff of the Inspector are 11
employed may delegate to the Inspector or a member of staff of the Inspector 12
any of the agency head's functions under the Government Sector Employment 13
Act 2013 with respect to those staff (other than this power of delegation). 14
[4] Section 5 (5) 15
Omit "subsections (1)-(4)". Insert instead "subsection (3)". 16
[5] Section 14 (2) (a) 17
Omit "Division Head". Insert instead "head of the agency". 18
[6] Section 14 (3) 19
Omit "a Division Head" and "the Division Head". 20
Insert instead "an agency head" and "the agency head", respectively. 21
[7] Schedule 1, clause 8 (1) 22
Omit the subclause. Insert instead: 23
(1) The office of Inspector is a statutory office and the Government Sector 24
Employment Act 2013 (including Part 6) does not apply to that office. 25
3.37 Land and Environment Court Act 1979 No 204 26
[1] Sections 13 (5) and 15 (1) 27
Omit "Public Sector Employment and Management Act 2002" wherever occurring. 28
Insert instead "Government Sector Employment Act 2013". 29
[2] Schedule 1, clause 3 30
Omit the clause. Insert instead: 31
3 Application of Government Sector Employment Act 2013 32
The office of a Commissioner is a statutory office and the provisions of the 33
Government Sector Employment Act 2013 relating to the employment of 34
Public Service employees do not apply to that office. 35
Page 47
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[3] Schedule 1, clause 8 (2) 1
Omit the subclause. Insert instead: 2
(2) Subject to subclause (3) and to the terms of appointment, if a full-time 3
Commissioner was, immediately before being appointed as full-time 4
Commissioner: 5
(a) a Public Service employee, or 6
(b) a contributor to a superannuation scheme, or 7
(c) a member of staff of a statutory body, or 8
(d) a person in respect of whom provision was made by an Act for the 9
retention of any rights accrued or accruing to the person as a Public 10
Service employee or member of staff of a statutory body, 11
the Commissioner: 12
(e) retains any rights accrued or accruing to the Commissioner as such an 13
employee, contributor or member of staff, and 14
(f) may continue to contribute to any superannuation scheme to which the 15
Commissioner was a contributor immediately before being appointed as 16
Commissioner, and 17
(g) is entitled to receive any deferred or extended leave and any payment, 18
pension or gratuity, 19
as if the Commissioner had continued to be such an employee, contributor or 20
member of staff during the Commissioner's service as Commissioner, and: 21
(h) the Commissioner's service as Commissioner is taken to be service as 22
an employee or member of staff for the purposes of any law under which 23
those rights accrued or were accruing, under which the Commissioner 24
continues to contribute or by which that entitlement is conferred, and 25
(i) the Commissioner is taken to be an employee or member of staff, and 26
the Government of New South Wales is taken to be the Commissioner's 27
employer, for the purpose of the superannuation scheme to which the 28
Commissioner is entitled to contribute under this subclause. 29
[4] Schedule 1, clause 8 (4) 30
Omit "officer or employee". Insert instead "employee or member of staff". 31
[5] Schedule 1, clause 9 (1), definition of "retiring age" 32
Omit the definition. Insert instead: 33
retiring age means: 34
(a) in relation to a person who was, immediately before being appointed as 35
a full-time Commissioner, a person employed in the Public Service-- 36
the age of 60 years, and 37
(b) in relation to a person who was, immediately before being appointed as 38
a full-time Commissioner, a member of staff of a statutory body and 39
except as provided in paragraph (a)--the age at which members of staff 40
(being members of staff of the class to which that person belonged 41
immediately before being appointed as a full-time Commissioner) of 42
that body are entitled to retire. 43
Page 48
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[6] Schedule 1, clause 9 (2) 1
Omit the subclause. Insert instead: 2
(2) If a person ceases to be a full-time Commissioner, otherwise than pursuant to 3
clause 7 (paragraph (b) excepted), the person is, if the person has not attained 4
the retiring age, entitled to be employed, if, immediately before being 5
appointed as full-time Commissioner, the person was: 6
(a) a person employed in the Public Service--in the Public Service, or 7
(b) a member of staff of a statutory body--as a member of staff of that 8
body, 9
at a work level and salary not lower than the level at which the person was 10
employed immediately before being appointed as Commissioner. 11
3.38 Law and Justice Foundation Act 2000 No 97 12
[1] Section 9 (1) 13
Omit "Part 2 of the Public Sector Management Act 1988". 14
Insert instead "The Government Sector Employment Act 2013". 15
[2] Section 9 (2) 16
Omit the subsection. Insert instead: 17
(2) The Foundation may, with the approval of the Minister to whom a Public 18
Service agency is responsible, make use of the services of a person employed 19
in that agency on such terms as may be arranged. 20
[3] Schedule 1, clause 6 (2) 21
Omit the subclause. Insert instead: 22
(2) The provisions of the Government Sector Employment Act 2013 relating to the 23
employment of Public Service employees do not apply to an appointed 24
member. 25
[4] Schedule 2, clause 1 (2) 26
Omit the subclause. Insert instead: 27
(2) The provisions of the Government Sector Employment Act 2013 relating to the 28
employment of Public Service employees do not apply to the Director. 29
3.39 Law Reform Commission Act 1967 No 39 30
[1] Section 8 (6) 31
Omit "Public Service Act 1979". 32
Insert instead "Government Sector Employment Act 2013". 33
Page 49
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[2] Section 14 1
Omit the section. Insert instead: 2
14 Staff 3
Persons may be employed in the Public Service under the Government Sector 4
Employment Act 2013 to enable the Commission to exercise its functions. 5
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 6
persons so employed (or whose services the Commission makes use of) may be 7
referred to as officers or employees, or members of staff, of the Commission. 8
[3] Schedule 1, clause 2 9
Omit the clause. Insert instead: 10
2 Preservation of rights--generally 11
Subject to clause 3 and to the terms of his or her appointment, if a 12
commissioner was, immediately before appointment as a commissioner: 13
(a) a Public Service employee, or 14
(b) a contributor to a superannuation scheme, or 15
(c) a member of staff of a statutory body, or 16
(d) a person in respect of whom provision was made by any Act that the 17
person retain any rights accrued or accruing to the person as a Public 18
Service employee or member of staff of a statutory body, 19
the commissioner: 20
(e) retains any rights accrued or accruing to the commissioner as such an 21
employee, contributor or member of staff, and 22
(f) may continue to contribute to any superannuation scheme to which the 23
commissioner was a contributor immediately before appointment as a 24
commissioner, and 25
(g) is entitled to receive any deferred or extended leave and any payment, 26
pension or gratuity, 27
as if the commissioner had continued to be such an employee, contributor or 28
member of staff during service as a commissioner, and: 29
(h) service as a commissioner is taken to be service as an employee or 30
member of staff for the purpose of any law under which those rights 31
accrued or were accruing, under which the commissioner continues to 32
contribute or by which that entitlement is conferred, and 33
(i) the commissioner is taken to be an employee or member of staff, and the 34
Government of New South Wales is taken to be the commissioner's 35
employer, for the purposes of the superannuation scheme to which the 36
commissioner is entitled to contribute under this clause. 37
[4] Schedule 1, clause 3 (2) 38
Omit "officer or employee". Insert instead "employee or member of staff". 39
Page 50
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[5] Schedule 1, clause 5 1
Omit the clause. Insert instead: 2
5 Reappointment to former employment in certain cases 3
(1) In this clause, retiring age means, in relation to a person who was, 4
immediately before appointment as a commissioner: 5
(a) a person employed in the Public Service--the age of 60 years, or 6
(b) a member of staff of a statutory body--the age at which members of 7
staff (being members of staff of the class to which that person belonged 8
immediately before appointment as a commissioner) of that statutory 9
body are entitled to retire. 10
(2) A person who ceased to be a commissioner, otherwise than pursuant to 11
section 9 (2), is, if the person has not attained the retiring age, entitled to be 12
employed, if, immediately before appointment as a commissioner, the person 13
was: 14
(a) a person employed in the Public Service--in the Public Service, or 15
(b) a member of staff of a statutory body--as a member of staff of that 16
body, 17
at a work level and salary not lower than the level at which the person was 18
employed immediately before appointment as a commissioner. 19
3.40 Library Act 1939 No 40 20
[1] Section 2 (1), definition of "State Librarian" 21
Omit the definition. Insert instead: 22
State Librarian means the person employed in the Public Service as the State 23
Librarian. 24
[2] Section 4B (12), note 25
Omit the note. 26
[3] Section 5A 27
Insert after section 5: 28
5A Staff 29
Persons may be employed in the Public Service under the Government Sector 30
Employment Act 2013 to enable the Council to exercise its functions. 31
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 32
persons so employed (or whose services the Council makes use of) may be referred to 33
as officers or employees, or members of staff, of the Council. 34
[4] Section 7B (6) 35
Omit the subsection. Insert instead: 36
(6) In this section, authorised person means the State Librarian or a member of 37
staff of the Council. 38
Page 51
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[5] Schedule 1, clause 4 1
Omit the clause. Insert instead: 2
4 Public Service employment provisions excluded 3
The provisions of the Government Sector Employment Act 2013 relating to the 4
employment of Public Service employees do not apply to a member. 5
3.41 Loan Fund Companies Act 1976 No 94 6
[1] Section 5 (1) and (2) 7
Omit the subsections. Insert instead: 8
(1) The Supervisor is the person employed in the Public Service as the Supervisor 9
of Loan Fund Companies. 10
[2] Section 6 (1) 11
Omit "a person appointed by the Governor as". 12
Insert instead "the person employed in the Public Service as the". 13
3.42 Mental Health Commission Act 2012 No 13 14
[1] Section 4 (1), definition of "public sector agency" 15
Omit paragraph (a). Insert instead: 16
(a) a Public Service agency, 17
[2] Section 5 (5) 18
Omit the subsection including the note. 19
[3] Section 14A 20
Insert after section 14: 21
14A Staff 22
Persons may be employed in the Public Service under the Government Sector 23
Employment Act 2013 to enable the Commission to exercise its functions. 24
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 25
persons so employed (or whose services the Commission makes use of) may be 26
referred to as officers or employees, or members of staff, of the Commission. 27
Section 47A of the Constitution Act 1902 precludes the Commission from employing 28
staff. 29
[4] Schedule 1, clause 6 (1) 30
Omit the subclause. Insert instead: 31
(1) The offices of Commissioner and Deputy Commissioner are statutory offices 32
and the provisions of the Government Sector Employment Act 2013 relating to 33
the employment of Public Service employees do not apply to those offices. 34
Page 52
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.43 Museum of Applied Arts and Sciences Act 1945 No 31 1
[1] Section 7 2
Omit the section. Insert instead: 3
7 Application of Government Sector Employment Act 2013 4
The provisions of the Government Sector Employment Act 2013 relating to the 5
employment of Public Service employees do not apply to a trustee. 6
[2] Section 13 7
Omit "officers or employees". Insert instead "members of staff". 8
[3] Section 13 9
Omit "its officers". Insert instead "its members of staff". 10
[4] Section 14 (2), note 11
Omit the note. 12
[5] Section 14A 13
Insert after section 14: 14
14A Staff 15
Persons may be employed in the Public Service under the Government Sector 16
Employment Act 2013 to enable the trustees to exercise their functions. 17
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 18
persons so employed (or whose services the trustees make use of) may be referred to 19
as officers or employees, or members of staff, of the trustees. 20
[6] Section 15 21
Omit "officers and employees". Insert instead "members of staff". 22
3.44 Natural Resources Commission Act 2003 No 102 23
[1] Section 4 (1), definition of "government agency" 24
Omit "government department" from paragraph (a). 25
Insert instead "Public Service agency". 26
[2] Section 10 27
Insert after section 9: 28
10 Staff 29
Persons may be employed in the Public Service under the Government Sector 30
Employment Act 2013 to enable the Commission to exercise its functions. 31
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 32
persons so employed (or whose services the Commission makes use of) may be 33
referred to as officers or employees, or members of staff, of the Commission. 34
Section 47A of the Constitution Act 1902 precludes the Commission from employing 35
staff. 36
[3] Section 13 (2) 37
Omit the subsection including the note. 38
Page 53
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
[4] Section 19 (2) 1
Omit "Director-General or Deputy Director-General (General Counsel)". 2
Insert instead "Secretary or General Counsel". 3
[5] Schedule 1, clause 5 (1) (d) 4
Omit "Chapter 5 of the Public Sector Employment and Management Act 2002". 5
Insert instead "Part 6 of the Government Sector Employment Act 2013". 6
[6] Schedule 1, clause 7 (1) 7
Omit the subclause. Insert instead: 8
(1) The offices of Commissioner and Assistant Commissioner are statutory 9
offices and the provisions of the Government Sector Employment Act 2013 10
relating to the employment of Public Service employees do not apply to those 11
offices. 12
3.45 Parramatta Park Trust Act 2001 No 17 13
[1] Section 3 (1), definition of "Director" 14
Omit the definition. Insert instead: 15
Director means the person employed in the Public Service as Director of 16
Parramatta Park. 17
[2] Section 7 (6) 18
Omit the subsection including the note. 19
[3] Section 21 20
Insert after section 20: 21
21 Staff 22
Persons may be employed in the Public Service under the Government Sector 23
Employment Act 2013 to enable the Trust to exercise its functions. 24
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 25
persons so employed (or whose services the Trust makes use of) may be referred to 26
as officers or employees, or members of staff, of the Trust. Section 47A of the 27
Constitution Act 1902 precludes the Trust from employing staff. 28
[4] Schedule 2, clause 8 (1) 29
Omit the subclause. Insert instead: 30
(1) The provisions of the Government Sector Employment Act 2013 relating to the 31
employment of Public Service employees do not apply to a trustee. 32
3.46 Ports and Maritime Administration Act 1995 No 13 33
[1] Section 27 (3) (d) 34
Omit the paragraph. Insert instead: 35
(d) a Public Service employee, or 36
[2] Section 41 (4) 37
Omit the subsection including the note. 38
Page 54
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.47 Ports Assets (Authorised Transactions) Act 2012 No 101 1
[1] Section 33 2
Omit "officer of the Government Service". Insert instead "Public Service employee". 3
[2] Schedule 2, clause 2 (5) 4
Omit "Public Sector Employment and Management Act 2002 (Chapter 5 included)". 5
Insert instead "Government Sector Employment Act 2013 (Part 6 included)". 6
3.48 Professional Standards Act 1994 No 81 7
[1] Section 46 8
Omit "government department, an administrative office". 9
Insert instead "Public Service agency". 10
[2] Schedule 2, clause 5 (1) (d) 11
Omit "Part 8 of the Public Sector Management Act 1988". 12
Insert instead "Part 6 of the Government Sector Employment Act 2013". 13
[3] Schedule 2, clause 7 (1) 14
Omit the subclause. Insert instead: 15
(1) The provisions of the Government Sector Employment Act 2013 relating to the 16
employment of Public Service employees do not apply to a member. 17
3.49 Public Authorities (Financial Arrangements) Act 1987 No 33 18
Section 33 19
Omit the section. Insert instead: 20
33 Staff 21
Persons may be employed in the Public Service under the Government Sector 22
Employment Act 2013 to enable the Financing Corporation to exercise its 23
functions. 24
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 25
persons so employed (or whose services the Financing Corporation makes use of) may 26
be referred to as officers or employees, or members of staff, of the Financing 27
Corporation. Section 47A of the Constitution Act 1902 precludes the Financing 28
Corporation from employing staff. 29
3.50 Public Defenders Act 1995 No 28 30
[1] Section 13 31
Omit the section. Insert instead: 32
13 Staff 33
Persons may be employed in the Public Service under the Government Sector 34
Employment Act 2013 to enable the Senior Public Defender to exercise his or 35
her functions. 36
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 37
persons so employed (or whose services the Senior Public Defender makes use of) 38
may be referred to as officers or employees, or members of staff, of the Senior Public 39
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
Defender. Section 47A of the Constitution Act 1902 precludes the Senior Public 1
Defender from employing staff. 2
[2] Schedule 1, clause 1, definition of "public servant" 3
Omit the definition. Insert instead: 4
public servant means a person employed in the Public Service or a member of 5
staff of a statutory body. 6
[3] Schedule 1, clause 7 7
Omit the clause. Insert instead: 8
7 Government Sector Employment Act 2013 9
The office of an Officer is a statutory office and the Government Sector 10
Employment Act 2013 (including Part 6) does not apply to that office. 11
[4] Schedule 1, clause 9 (1) 12
Omit the subclause. Insert instead: 13
(1) A person who: 14
(a) ceases to be an Officer by resignation or who completes a term of office 15
as an Officer and is not reappointed, and 16
(b) was, immediately before being appointed as an Officer: 17
(i) a person employed in the Public Service, the Teaching Service or 18
the NSW Health Service, or 19
(ii) a member of staff of a statutory body, 20
is entitled to be employed in the Public Service, the Teaching Service or the 21
NSW Health Service or as a member of staff of that statutory body, as the case 22
requires, at a work level and salary not lower than the level at which the person 23
was employed immediately before being appointed as an Officer. 24
[5] Schedule 1, clause 9 (2) 25
Omit "officer or employee" wherever occurring. 26
Insert instead "employee or member of staff". 27
3.51 Racing Appeals Tribunal Act 1983 No 199 28
[1] Section 14 (1) 29
Omit "Public Sector Employment and Management Act 2002". 30
Insert instead "Government Sector Employment Act 2013". 31
[2] Section 19 32
Omit "officers or servants" wherever occurring. Insert instead "members of staff". 33
[3] Section 19 (1) (b) 34
Omit the paragraph. Insert instead: 35
(b) any person employed in a Public Service agency responsible to the 36
Minister. 37
Page 56
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.52 Royal Botanic Gardens and Domain Trust Act 1980 No 19 1
[1] Section 4 (1), definition of "Executive Director" 2
Omit the definition. Insert instead: 3
Executive Director means the person employed in the Public Service as the 4
Executive Director of the Royal Botanic Gardens and Domain. 5
[2] Section 8 (11) 6
Omit the subsection including the note. 7
[3] Section 12 8
Insert before section 13: 9
12 Staff 10
Persons may be employed in the Public Service under the Government Sector 11
Employment Act 2013 to enable the Trust to exercise its functions. 12
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 13
persons so employed (or whose services the Trust makes use of) may be referred to 14
as officers or employees, or members of staff, of the Trust. Section 47A of the 15
Constitution Act 1902 precludes the Trust from employing staff. 16
[4] Section 14 (6) 17
Omit the subsection. Insert instead: 18
(6) In this section, authorised person means the Executive Director or any other 19
member of staff of the Trust. 20
[5] Section 15 (2) (a) 21
Omit the paragraph. Insert instead: 22
(a) the remuneration of any member of staff of the Trust, or 23
[6] Schedule 1, clause 4 24
Omit "Public Sector Management Act 1988". 25
Insert instead "Government Sector Employment Act 2013". 26
3.53 Solicitor General Act 1969 No 80 27
[1] Section 2 (9) 28
Omit the subsection. Insert instead: 29
(9) The office of Solicitor General is a statutory office and the Government Sector 30
Employment Act 2013 (including Part 6) does not apply to that office. 31
[2] Schedule 1, clause 2 (1) 32
Omit the subclause. Insert instead: 33
(1) This clause applies to the Solicitor General if the Solicitor General, 34
immediately before being appointed as Solicitor General, was: 35
(a) a person employed in the Public Service, the Teaching Service or the 36
NSW Health Service, or 37
(b) a contributor to a superannuation scheme, or 38
(c) a member of staff of a statutory body, or 39
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Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
(d) a person in respect of whom provision was made by any Act for the 1
retention of any rights accrued or accruing to the person as an employee 2
or member of staff. 3
[3] Schedule 1, clause 2 (2) 4
Omit "officer, contributor or person" wherever occurring. 5
Insert instead "employee, contributor or member of staff". 6
[4] Schedule 1, clauses 2 (3), (4) and (6) and 3 (2) 7
Omit "officer or employee" wherever occurring. 8
Insert instead "employee or member of staff". 9
[5] Schedule 1, clause 3 (1) 10
Omit the subclause. Insert instead: 11
(1) A person who: 12
(a) ceases to be Solicitor General by resignation or who completes a term 13
of office as Solicitor General and is not reappointed, and 14
(b) was, immediately before being appointed as Solicitor General: 15
(i) a person employed in the Public Service, the Teaching Service or 16
the NSW Health Service, or 17
(ii) a member of staff of a statutory body, 18
is entitled to be employed in the Public Service, the Teaching Service or the 19
NSW Health Service or as a member of staff of that statutory body, as the case 20
requires, at a work level and salary not lower than the level at which the person 21
was employed immediately before being appointed as Solicitor General. 22
3.54 Standard Instrument (Local Environmental Plans) Order 2006 23
[1] Clause 8 (2) 24
Omit "Director-General" wherever occurring. Insert instead "Secretary". 25
[2] Standard Instrument, clause 4.6 (4) (b) and (5) 26
Omit "Director-General" wherever occurring. Insert instead "Secretary". 27
[3] Standard Instrument, Dictionary, definition of "heritage conservation management 28
plan" 29
Omit "Division of the Government Service". Insert instead "Public Service agency". 30
[4] Standard Instrument, Dictionary, definition of "public utility undertaking" 31
Omit "Government Department" wherever occurring. 32
Insert instead "Public Service agency". 33
3.55 Superannuation Administration Authority Corporatisation Act 1999 34
No 5 35
Schedule 3, clause 3 (5) 36
Omit "Public Sector Management Act 1988 (Part 8 included)". 37
Insert instead "Government Sector Employment Act 2013 (Part 6 included)". 38
Page 58
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 3 Consequential amendments relating to enactment of Government Sector Employment Act 2013
3.56 Sydney Opera House Trust Act 1961 No 9 1
[1] Section 4 (7) 2
Omit the subsection including the note. 3
[2] Section 9 Application of Government Sector Employment Act 2013 4
Omit section 9 (1). Insert instead: 5
(1) The provisions of the Government Sector Employment Act 2013 relating to the 6
employment of Public Service employees do not apply to a trustee. 7
[3] Section 16 8
Insert after section 15: 9
16 Staff 10
Persons may be employed in the Public Service under the Government Sector 11
Employment Act 2013 to enable the Trust to exercise its functions. 12
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 13
persons so employed (or whose services the Trust makes use of) may be referred to 14
as officers or employees, or members of staff, of the Trust. Section 47A of the 15
Constitution Act 1902 precludes the Trust from employing staff. 16
3.57 Thoroughbred Racing Act 1996 No 37 17
Section 18 (3) 18
Omit "Public Sector Management Act 1988". 19
Insert instead "Government Sector Employment Act 2013". 20
3.58 Veterinary Practice Act 2003 No 87 21
[1] Sections 11 (4) (b) and 14 (5) (b) 22
Omit "government department" wherever occurring. 23
Insert instead "Public Service agency". 24
[2] Section 80 (1) 25
Omit "Chapter 2 of the Public Sector Employment and Management Act 2002". 26
Insert instead "Part 4 of the Government Sector Employment Act 2013". 27
[3] Schedule 2, clause 10 (1) 28
Omit "Public Sector Employment and Management Act 2002". 29
Insert instead "Government Sector Employment Act 2013". 30
Page 59
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 4 Amendments consequent on renaming of University of Technology, Sydney
Schedule 4 Amendments consequent on renaming of 1
University of Technology, Sydney 2
Explanatory note 3
The proposed amendments in this Schedule update references to a university consequent on the 4
amendments made to the University of Technology, Sydney, Act 1989 by Schedule 1. 5
4.1 Architects Regulation 2012 6
Clauses 4 (d), 7 (d) and 8 (c) and (d) 7
Omit "University of Technology, Sydney" wherever occurring. 8
Insert instead "University of Technology Sydney". 9
4.2 Charitable Fundraising Regulation 2008 10
Clause 8 (i) 11
Omit "University of Technology, Sydney". 12
Insert instead "University of Technology Sydney". 13
4.3 Government Sector Employment Regulation 2014 14
Clause 34 (h) 15
Omit "University of Technology, Sydney". 16
Insert instead "University of Technology Sydney". 17
4.4 Higher Education Act 2001 No 102 18
Schedule 1, Part 1 19
Omit "University of Technology, Sydney". 20
Insert instead "University of Technology Sydney". 21
4.5 Public Finance and Audit Act 1983 No 152 22
Schedule 2 23
Omit "University of Technology, Sydney". 24
Insert instead "University of Technology Sydney". 25
4.6 Road Transport (General) Regulation 2013 26
Schedule 2, Column 1 27
Omit "University of Technology, Sydney". 28
Insert instead "University of Technology Sydney". 29
4.7 State Authorities Non-contributory Superannuation Act 1987 No 212 30
Schedule 1, Part 1 31
Omit "University of Technology, Sydney". 32
Insert instead "University of Technology Sydney". 33
Page 60
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 4 Amendments consequent on renaming of University of Technology, Sydney
4.8 State Authorities Superannuation Act 1987 No 211 1
Schedule 1, Part 1 2
Omit "University of Technology, Sydney". 3
Insert instead "University of Technology Sydney". 4
4.9 State Public Service Superannuation Act 1985 No 45 5
Schedule 3 6
Omit "The University of Technology, Sydney". 7
Insert instead "The University of Technology Sydney". 8
4.10 Superannuation Act 1916 No 28 9
Schedule 3, Part 1 and Schedule 26, Part 2 10
Omit "University of Technology, Sydney" wherever occurring. 11
Insert instead "University of Technology Sydney". 12
4.11 Technical Education Trust Funds Act 1967 No 95 13
Section 2 (1) (paragraph (b) of definition of "educational establishment") 14
Omit "University of Technology, Sydney". 15
Insert instead "University of Technology Sydney". 16
4.12 Transport Administration Act 1988 No 109 17
Section 122 (definition of "Parramatta Rail Link") 18
Insert "Sydney" after "University of Technology". 19
4.13 Universities Governing Bodies Act 2011 No 51 20
Section 3 (1) 21
Omit "University of Technology, Sydney" wherever occurring. 22
Insert instead "University of Technology Sydney". 23
4.14 University of Technology, Sydney, By-law 2005 24
[1] Clause 1 25
Omit "University of Technology, Sydney, By-law 2005". 26
Insert instead "University of Technology Sydney By-law 2005". 27
[2] Clause 2 28
Omit "University of Technology, Sydney" and "University of Technology, Sydney,". 29
Insert instead "University of Technology Sydney" and "University of Technology Sydney", 30
respectively. 31
Page 61
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 4 Amendments consequent on renaming of University of Technology, Sydney
[3] Clause 3 (1) (definition of "the Act") 1
Omit "University of Technology, Sydney,". 2
Insert instead "University of Technology Sydney". 3
Page 62
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 5 Amendments that transfer provisions and enable repeals
Schedule 5 Amendments that transfer provisions and enable 1
repeals 2
Explanatory note 3
This Schedule inserts the substance of savings and transitional provisions (of possible ongoing effect) 4
of regulations repealed by clause 4 of Schedule 6 into the principal Acts under which the regulations 5
are made. In accordance with section 30A of the Interpretation Act 1987, the transfer of those 6
provisions does not affect the operation (if any) or meaning of the provisions. In particular: 7
(a) clause 5 of the Electricity Supply (Country Energy) Regulation 2005 is transferred to the 8
Electricity Supply Act 1995, and 9
(b) clauses 6 and 7 of the Energy Services Corporations (Dissolution of Australian Inland Energy 10
Water Infrastructure) Regulation 2005 are transferred to the Energy Services Corporations Act 11
1995. 12
5.1 Electricity Supply Act 1995 No 94 13
[1] Schedule 3A 14
Insert after Schedule 3: 15
Schedule 3A Transferred provisions--variation of 16
distribution districts 17
1 Electricity Supply (Country Energy) Regulation 2005 18
[2] Schedule 3A, clause 1 (as inserted by item [1]) 19
Transfer clause 5 (1)-(5) of the Electricity Supply (Country Energy) Regulation 2005 20
(which is repealed by clause 4 of Schedule 6 to this Act) to clause 1 of Schedule 3A, as 21
clause 1 (1)-(5). 22
[3] Schedule 3A, clause 1 (1) (as inserted by item [2]) 23
Omit "the commencement of this Regulation". 24
Insert instead "1 July 2005". 25
[4] Schedule 3A, clause 1 (1), (3) and (4) (as inserted by item [2]) 26
Omit "Country Energy" wherever occurring. Insert instead "Essential Energy". 27
[5] Schedule 3A, clause 1 (1) (as inserted by item [2]) 28
Omit "of the Act". 29
[6] Schedule 3A, clause 1 (1) (as inserted by item [2]) 30
Insert "of the Electricity Supply (Country Energy) Regulation 2005" after "clause 4". 31
[7] Schedule 3A, clause 1 (1), note 32
Insert at the end of clause 1 (1): 33
Note. The name of Country Energy was changed to Essential Energy by the Energy 34
Services Corporations Amendment (Change of Name) Regulation 2011. 35
[8] Schedule 3A, clause 1 (5) (as inserted by item [2]) 36
Omit "to the Act". 37
Page 63
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 5 Amendments that transfer provisions and enable repeals
[9] Schedule 3A, clause 1 (6) 1
Insert after clause 1 (5) of Schedule 3A (as inserted by item [2]): 2
(6) Subclauses (1)-(5) re-enact (with minor modifications) clause 5 of the 3
Electricity Supply (Country Energy) Regulation 2005 and are transferred 4
provisions to which section 30A of the Interpretation Act 1987 applies. 5
5.2 Energy Services Corporations Act 1995 No 95 6
[1] Schedule 2A 7
Insert after Schedule 2: 8
Schedule 2A Transferred provisions--dissolution of 9
energy services corporations 10
1 Energy Services Corporations (Dissolution of Australian Inland Energy Water 11
Infrastructure) Regulation 2005 12
[2] Schedule 2A, clause 1 (as inserted by item [1]) 13
Transfer clause 6 (1)-(4) of the Energy Services Corporations (Dissolution of Australian 14
Inland Energy Water Infrastructure) Regulation 2005 (which is repealed by clause 4 of 15
Schedule 6 to this Act) to clause 1 of Schedule 2A, as clause 1 (1)-(4). 16
[3] Schedule 2A, clause 1 (1) (as inserted by item [2]) 17
Insert "Essential Energy may act in own name or in name of Australian Inland Energy 18
Water Infrastructure" as the heading to the subclause. 19
[4] Schedule 2A, clause 1 (5) 20
Transfer clause 7 of the Energy Services Corporations (Dissolution of Australian Inland 21
Energy Water Infrastructure) Regulation 2005 as clause 1 (5) of Schedule 2A (as inserted 22
by item [1]), with the heading "References to Australian Inland Energy Water 23
Infrastructure". 24
[5] Schedule 2A, clause 1 (1) and (5) (as inserted by items [2] and [4]) 25
Omit "the commencement of this Regulation" wherever occurring. 26
Insert instead "1 July 2005". 27
[6] Schedule 2A, clause 1 (1), (3), (4) and (5) (as inserted by items [2] and [4]) 28
Omit "Country Energy" wherever occurring. Insert instead "Essential Energy". 29
[7] Schedule 2A, clause 1 (5) (as inserted by item [4]) 30
Omit "(including, in particular, the reference in Part 3 of Schedule 3 to the Water 31
Management Act 2000)". 32
[8] Schedule 2A, clause 1 (6) 33
Transfer clause 6 (5) of the Energy Services Corporations (Dissolution of Australian Inland 34
Energy Water Infrastructure) Regulation 2005 as clause 1 (6) of Schedule 2A (as inserted 35
by item [1]). 36
Page 64
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 5 Amendments that transfer provisions and enable repeals
[9] Schedule 2A, clause 1 (6) (as inserted by item [8]) 1
Omit "to the Act". 2
[10] Schedule 2A, clause 1 (7) 3
Insert after clause 1 (6) of Schedule 2A (as inserted by item [8]): 4
(7) Transferred provisions to which Interpretation Act 1987 applies 5
Subclauses (1)-(6) re-enact (with minor modifications) clauses 6 and 7 of the 6
Energy Services Corporations (Dissolution of Australian Inland Energy 7
Water Infrastructure) Regulation 2005 and are transferred provisions to which 8
section 30A of the Interpretation Act 1987 applies. 9
Page 65
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 6 Repeals
Schedule 6 Repeals 1
1 Repeal of redundant Acts and provisions of Acts 2
The following Acts or provisions of Acts are repealed: 3
Act Provisions repealed
Community Protection Act 1994 No 77 Whole Act
Election Funding, Expenditure and Disclosures Act 1981 No 78 Section 2(4)
Height of Buildings Act 1912 No 58 Whole Act
Rural Adjustment Scheme Agreement Act 1993 No 107 Whole Act
Secondary Mortgage Market (State Equity Participation) Whole Act
Act 1985 No 131
Special Commissions of Inquiry Act 1983 No 90 Part 4A
States and Northern Territory Grants (Rural Adjustment) Whole Act
Agreement Ratification Act 1985 No 113
States Grants (Rural Adjustment) Agreement Ratification Whole Act
Act 1977 No 104
Statute Law (Miscellaneous Provisions) Act (No 2) 2014 No 88 Whole Act
2 Repeal of amending provisions of regulations that have commenced 4
The following provisions are repealed: 5
Regulation Provisions repealed
Government Sector Employment Regulation 2014 Schedule 3
Protection of the Environment Operations (Clean Air) Schedule 9
Regulation 2010
Protection of the Environment Operations (General) Schedule 9
Regulation 2009
Protection of the Environment Operations (Underground Schedule 1
Petroleum Storage Systems) Regulation 2014
Protection of the Environment Operations (Waste) Schedules 2 and 3
Regulation 2014
Work Health and Safety (Mines) Regulation 2014 Schedule 13
3 Repeal enabled by amendment of Gambling (Two-up) Act 1998 in Schedule 1 6
The Gambling (Two-up) Regulation 2010 is repealed. 7
4 Repeal of regulations whose provisions are transferred by Schedule 5 8
The following regulations are repealed: 9
(a) Electricity Supply (Country Energy) Regulation 2005, 10
(b) Energy Services Corporations (Dissolution of Australian Inland Energy 11
Water Infrastructure) Regulation 2005. 12
Page 66
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 7 General savings, transitional and other provisions
Schedule 7 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 contained in an 4
Act or instrument is, if the amending provision has commenced before the 5
Schedule 1 or 2 amendment concerned, taken to have effect as from the 6
commencement of the amending provision (whether or not the amending provision 7
has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that makes a direct 10
amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or instrument 12
without the insertion of any matter instead of the repealed or omitted matter, or 13
(b) the omission of matter contained in the amended Act or instrument and the 14
insertion of matter instead of the omitted matter, or 15
(c) the insertion into the amended Act or instrument of matter, not being matter 16
inserted instead of matter omitted from the Act or instrument. 17
Explanatory note 18
This clause ensures that certain amendments, including amendments correcting errors in technical 19
provisions (for example, headings indicating the section to be amended or directions as to where a 20
new section is to be inserted) and rectifying minor drafting errors (for example, corrections in 21
numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter 22
or insertion of omitted matter), will be taken to have commenced on the date the amendments to 23
which they relate commenced. 24
2 Effect of amendment or repeal on acts done or decisions made 25
Except where it is expressly provided to the contrary, if this Act: 26
(a) amends a provision of an Act or an instrument, or 27
(b) repeals and re-enacts (with or without modification) a provision of an Act or 28
an instrument, 29
any act done or decision made under the provision amended or repealed has effect 30
after the amendment or repeal as if it had been done or made under the provision as 31
so amended or repealed. 32
Explanatory note 33
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, 34
vitiate any act done or decision made under the provision as in force before the amendment or repeal. 35
3 Effect of amendment on instruments 36
Except where expressly provided to the contrary, any instrument made under an Act 37
amended by this Act, that is in force immediately before the commencement of the 38
amendment, is taken to have been made under the Act as amended. 39
Explanatory note 40
This clause ensures that, unless expressly provided, any instrument that is in force and made under 41
a provision of an Act that is amended or substituted by the proposed Act will be taken to have been 42
made under the Act as amended. 43
4 Revocation of repeal 44
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or 45
instruments, or provisions of Acts or instruments, by this Act. 46
Page 67
Statute Law (Miscellaneous Provisions) Bill 2015 [NSW]
Schedule 7 General savings, transitional and other provisions
Explanatory note 1
The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act 2
or instrument, or any provision of any Act or instrument, by the proposed Act. The Act or provision the 3
subject of the revocation of repeal is taken not to be, and never to have been, repealed. 4
5 Regulations 5
(1) The Governor may make regulations containing provisions of a savings or 6
transitional nature consequent on the enactment of this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from the date of 8
assent to this Act or a later date. 9
(3) To the extent to which any such provision takes effect from a date that is earlier than 10
the date of its publication on the NSW legislation website, the provision does not 11
operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the State or an 13
authority of the State), the rights of that person existing before the date of its 14
publication, or 15
(b) to impose liabilities on any person (other than the State or an authority of the 16
State) in respect of anything done or omitted to be done before the date of its 17
publication. 18
Explanatory note 19
This clause enables the making of regulations of a savings or transitional nature having a short term 20
effect and relating to incidental matters arising out of the proposed Act with regard to which no 21
specific, or sufficient, provision has been made in the proposed Act. 22
Page 68
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