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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 2017
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 27
Schedule 3 Amendments consequent on enactment of Fines Amendment
(Electronic Penalty Notices) Act 2016 36
Schedule 4 Amendments consequent on administrative arrangements orders
and enactment of Government Sector Employment Act 2013 78
Schedule 5 Repeals 92
Schedule 6 General savings, transitional and other provisions 93
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2017
Act No , 2017
An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects
and for the purpose of effecting statute law revision; and to make certain savings.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2017.
2 Commencement
(1) This Act commences 7 days after the date of assent to this Act, except as provided
by this section.
(2) The amendments made by Schedule 1 to this Act commence on the day or days
specified in that Schedule in relation to the amendments concerned. If a
commencement day is not specified, the amendments commence in accordance with
subsection (1).
(3) Schedules 2 and 3 commence on 7 July 2017.
(4) Schedule 6 commences on the date of assent to this Act.
3 Explanatory notes
The matter appearing under the heading "Explanatory note" in any of the Schedules
does not form part of this Act.
Page 2
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Barangaroo Delivery Authority Act 2009 No 2
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Barangaroo Headland Park" wherever occurring.
Insert instead "Barangaroo Reserve".
[2] Section 4 Definitions
Omit the definition of Barangaroo Headland Park from section 4 (1). Insert instead:
Barangaroo Reserve means land identified as the Barangaroo Reserve on the
Barangaroo Reserve and Public Domain Map.
[3] Section 24 Regulation of Barangaroo Reserve and public domain
Omit "the Sydney Harbour Foreshore Authority" and "Sydney Harbour Foreshore
Authority Act 1998" wherever occurring.
Insert instead "Place Management NSW" and "Place Management NSW Act 1998",
respectively.
[4] Section 24A
Insert after section 24:
24A Ministerial approval and consent
The approval or consent of the Minister under this Division may be given
generally or be limited to a particular case or class of cases and may be
withdrawn at any time.
[5] Schedule 1 Members and procedure of Board
Omit "facsimile or other transmission of the information in the papers concerned" from
clause 16 (5).
Insert instead "email or other electronic means".
Explanatory note
Items [1] and [2] of the proposed amendments update references to the Barangaroo Headland Park
in line with a decision of the Geographical Names Board of NSW to assign to the park the name of
Barangaroo Reserve.
Item [3] updates references to the Sydney Harbour Foreshore Authority and the Sydney Harbour
Foreshore Authority Act 1998 as a consequence of the Sydney Harbour Foreshore Authority
changing its name to Place Management NSW.
Item [4] makes it clear that any approval or consent given by the Premier in relation to certain ancillary
functions of the Barangaroo Delivery Authority (including the power to grant easements over land
vested in the Authority) may be given generally or may be limited to a particular case or class of cases.
Item [5] makes it clear that the Board of the Barangaroo Delivery Authority may circulate papers by
email or any other electronic means for the purpose of transacting its business.
Page 3
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.2 Biofuels Act 2007 No 23
Section 24 Expert Panel
Omit section 24 (1) (a1). Insert instead:
(a1) a person employed in the Department of Industry with expertise in
regional industry development nominated by the Secretary of that
Department,
Explanatory note
The proposed amendment updates a provision as a consequence of recent administrative changes
to ensure that the membership of the Expert Panel (which advises the Minister on exemptions from
minimum biofuels requirements) continues to include a person with regional industry development
expertise who is employed in the Department of Industry.
1.3 Carers (Recognition) Act 2010 No 20
[1] Section 7 Obligations of public sector agencies
Insert "carers or" before "bodies" in section 7 (2).
[2] Section 11 Membership and procedure of Carers Advisory Council
Omit section 11 (1). Insert instead:
(1) The Carers Advisory Council is to consist of persons appointed as members
by the Minister who, in the opinion of the Minister, have relevant knowledge
of and experience in matters relevant to carers (the appointed members).
(1A) Of the appointed members of the Council, 1 is to be appointed as Chair of the
Council and 1 is to be appointed as Deputy Chair of the Council.
[3] Section 11 (2)
Omit "primary".
[4] Section 11 (3)
Omit the subsection.
[5] Section 11 (4)
Insert "and ex-officio members" after "deputies of members".
[6] Section 11 (4)
Insert at the end of the subsection:
Note. Certain incidental powers to remove members are implied in the powers of
appointment in this section (see section 47 of the Interpretation Act 1987).
[7] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 NSW Carers Charter
(Section 6)
1 Carers make a valuable contribution to the community
(a) NSW recognises the valuable social and economic contribution that carers
make to the community.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
(b) Carers should have the same rights, choices and opportunities as other
Australians.
(c) Carers' unique knowledge and experience should be acknowledged and
recognised.
(d) The relationship between carers and the people they care for should be
respected.
2 Carers' health and well-being is important
(a) Carers should be supported to enjoy optimum health and well-being and to
participate in family, social and community life, employment and education.
(b) Carers should be supported to balance their caring role with other roles, such
as work and education.
3 Carers are diverse and have individual needs within and beyond their caring
role
(a) The diverse needs of carers should be acknowledged and recognised in policy,
programs and service delivery, taking into consideration culture and language,
age, disability, religion, socio-economic status, place of residence, gender
identity and sexual orientation.
(b) Aboriginal and Torres Strait Islander values, heritage and concepts of caring
should be respected and valued.
(c) The additional challenges faced by carers who live in rural and remote areas
should be acknowledged and recognised.
(d) Children and young people who are carers should be supported to reach their
full potential.
4 Carers are partners in care
(a) The choices, views and needs of carers and of the people they care for should
be taken into account in the assessment, planning, delivery and review of
services provided to the people they care for.
(b) Carers should be referred to, and assisted to access, appropriate supports and
services.
(c) Support for carers should be timely, responsive, appropriate and accessible.
Explanatory note
Item [1] of the proposed amendments provides that public sector agencies must consult with such
carers (or bodies representing carers) as the agency considers appropriate when developing policies
that impact on carers. There is currently only a requirement to consult with bodies representing carers.
Item [2] removes the requirement that the membership of the Carers Advisory Council (which advises
the Minister for Disability Services (the Minister) on matters relating to carers) include the Minister
and other Ministers responsible for the provision of support services to carers. Instead, the Council is
required to comprise persons who have relevant knowledge of and experience in matters relevant to
carers (the appointed members). Item [2] also provides that the Minister must appoint 2 of the
appointed members as Chair and Deputy Chair of the Council. Item [4] makes a consequential
amendment to remove the requirement for co-chairing by members of the Council who are Ministers.
Item [3] provides that the majority of the members appointed to the Council must be persons who the
Minister considers are carers, rather than primary carers.
Item [5] provides that the Minister may determine the procedure for the appointment of ex-officio
members to the Council.
Item [6] inserts a note referring to certain incidental powers to remove members that are provided for
in the Interpretation Act 1987.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
Item [7] updates the NSW Carers Charter (which sets out principles for recognition of carers to be
observed by public sector agencies) to reflect current terminology and social context.
The proposed amendments are in line with the recommendations of the Report of the statutory review
of the Carers (Recognition) Act 2010, tabled in Parliament on 8 November 2016.
1.4 Charles Sturt University Act 1989 No 76
[1] Section 19 Functions of Council
Insert after section 19 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 19 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 21 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 21 (2).
[4] Schedule 4 Savings and transitional provisions
Insert after clause 51:
Part 9 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
52 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the Charles Sturt
University Act 1989 (the Act) that confer powers on the Council of the University (the Council) with
respect to the control and management of the financial affairs of the University and the acquisition
and management of property. The powers concerned are exercisable by the Council subject to the
duties imposed on the Council under Schedule 3 to the Act. Similar amendments are being made to
university Acts in general.
Item [1] makes it clear that the existing power of the Council to oversee risk management and risk
assessment across the University includes the power to effect financial adjustments for the
management of financial risks.
Item [2] makes it clear that the Council may obtain any form of financial accommodation and do all
things necessary or convenient to be done in connection with obtaining any financial accommodation.
Item [3] puts beyond doubt that the Council may dispose of personal property of the University by
removing any implication from the specific reference to land in section 21 (2) of the Act that the
Council may not (despite the broad powers conferred by section 21 (1) of the Act to dispose of any
property in the name and on behalf of the University) dispose of personal property of the University.
Item [4] is a savings provision consequent on the proposed amendments.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.5 Electricity Supply Act 1995 No 94
[1] Section 142 Scheme Administrator may require surrender of certificates
Omit the Note to section 142 (3).
[2] Section 143 Creation of certificate must be registered
Omit "Scheme Regulator" from section 143 (7). Insert instead "Scheme Administrator".
[3] Section 156 Provision of information, documents and evidence
Omit "by the Chairperson of the Tribunal at any meeting of the Tribunal, acting as Scheme
Regulator or Scheme Administrator," from section 156 (3) (b).
Insert instead "at any meeting of the Tribunal".
Explanatory note
Item [1] of the proposed amendments omits a note relating to orders requiring the surrender of energy
savings certificates.
Item [2] provides that the Scheme Administrator for the energy savings scheme established by the
Electricity Supply Act 1995 (rather than the Scheme Regulator, as is currently the case) is responsible
for publishing notice of the fees payable to the Scheme Administrator for applications for registration
of the creation of an energy savings certificate.
Item [3] makes it clear that a requirement to answer a question of the Chairperson of the Independent
Pricing and Regulatory Tribunal at any meeting of the Tribunal (when acting as Scheme Regulator or
Scheme Administrator) extends to questions of any other member of the Tribunal.
1.6 Energy Services Corporations Act 1995 No 95
[1] Schedule 1 Energy services corporations
Omit "TransGrid" from Part 1A.
[2] Schedule 1, Part 2
Omit "Ausgrid".
Explanatory note
The proposed amendments remove redundant references to corporations constituted as energy
services corporations by the Energy Services Corporations Act 1995. The corporations have ceased
to be energy services corporations under that Act as a consequence of corporate conversion
directions given by the Treasurer under the Electricity Network Assets (Authorised Transactions) Act
2015 (in respect of TransGrid on 16 December 2015 and Ausgrid on 1 December 2016).
1.7 Environmental Planning and Assessment Act 1979 No 203
Section 94F Conditions requiring land or contributions for affordable housing
Omit section 94F (6). Insert instead:
(6) A condition is not to be imposed under this section in relation to development
that is within a special contributions area (within the meaning of Division 6)
if a determination under section 94EE that applies to the area identifies
affordable housing as a class of infrastructure for which development
contributions may be required in accordance with the determination.
Explanatory note
Currently, local affordable housing contributions under environmental planning instruments cannot be
imposed in connection with proposed development on land that is within a special contributions area.
The proposed amendment ensures that this exclusion of local contributions only applies if the Minister
has made a determination in relation to that area that identifies affordable housing as a class of
infrastructure for which special infrastructure contributions determined by the Minister may be
required.
Page 7
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.8 Fisheries Management Act 1994 No 38
[1] Section 162 Permit area to be maintained in tidy condition
Insert after section 162 (2):
(2A) The Minister may, either on the application of the permit holder concerned or
on the Minister's own initiative, vary or revoke a notice under subsection (2)
by serving the variation or revocation, in writing, on the permit holder
concerned.
[2] Section 162 (3) and (4)
Omit "such a notice" wherever occurring. Insert instead "a notice under this section".
[3] Section 171 Improvements on an expired lease
Omit section 171 (3). Insert instead:
(3) The Minister may, within 1 year after the termination of a lease, require the
former lessee to remove any such improvements within the period notified in
writing to the former lessee.
(3A) The Minister may, either on the application of the former lessee or on the
Minister's own initiative, vary or revoke a notice under subsection (3) by
serving the variation or revocation, in writing, on the former lessee.
(3B) A former lessee who, without reasonable excuse, fails to comply with a notice
under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
[4] Section 171 (4)
Omit "under subsection (3)". Insert instead "under this section".
Explanatory note
Item [1] of the proposed amendments enables the Minister to vary or revoke a notice requiring the
holder of an aquaculture permit to carry out work or remove things from land to maintain the permit
area or certain other land in a tidy condition. Item [2] makes consequential amendments.
Item [3] enables the Minister to vary or revoke a notice requiring the former lessee of an aquaculture
lease to remove certain improvements from the area to which the lease applied. The Minister is
required to give notice in writing of any such variation or revocation to the former lessee. Item [4]
makes a consequential amendment.
1.9 Funeral Funds Act 1979 No 106
[1] Section 9 Delegation
Omit "with the approval of the Minister and" from section 9 (1).
[2] Section 9 (2)
Omit "Minister or the".
Explanatory note
Item [1] of the proposed amendments removes the requirement for Ministerial approval for the
delegation of functions of the Commissioner for Fair Trading under the Funeral Funds Act 1979 (in
line with the Commissioner's powers of delegation under other Acts in the portfolio of the Minister for
Innovation and Better Regulation). Item [2] makes a consequential amendment to remove the
Minister's power to revoke a delegation of those functions.
Page 8
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.10 Health Practitioner Regulation (Adoption of National Law) Act 2009
No 86
Schedule 1 Modification of Health Practitioner Regulation National Law
Omit "appointed by the Minister" from clause 2 of Schedule 5E in Schedule 1 [25].
Insert instead "appointed by the Council".
Explanatory note
The proposed amendment modifies the Health Practitioner Regulation National Law (in its application
as a law of New South Wales) to provide that the Chairperson of an Assessment Committee that deals
with complaints about registered health practitioners in a health profession is to be appointed by the
health professional Council for that health profession (rather than by the Minister for Health, as is
currently the case). The amendment will make the provision dealing with the appointment of the
Chairperson consistent with a provision dealing with the appointment of members of an Assessment
Committee.
1.11 Law Enforcement (Controlled Operations) Act 1997 No 136
Section 3 Definitions
Omit paragraph (e) (iii) of the definition of law enforcement agency in section 3 (1).
Insert instead:
(iii) the Commonwealth Department of Immigration and Border
Protection.
Explanatory note
The proposed amendment updates a reference to the former Australian Customs Service to enable
regulations under the Law Enforcement (Controlled Operations) Act 1997 to prescribe the
Commonwealth Department of Immigration and Border Protection as a law enforcement agency for
the purposes of that Act. In 2009, the Australian Customs Service was renamed as the Australian
Customs and Border Protection Service, and in 2015 it was integrated with the Commonwealth
Department of Immigration and Border Protection. The functions formerly exercised by officers of the
Australian Customs Service are now exercised by officers of that Department.
1.12 Macquarie University Act 1989 No 126
[1] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
Page 9
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[4] Schedule 3 Savings and transitional provisions
Insert after clause 16:
17 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the Macquarie University
Act 1989 that confer powers on the Council of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
1.13 Motor Dealers and Repairers Act 2013 No 107
[1] Section 187 Delegation
Omit section 187 (a). Insert instead:
(a) any person employed in the Department of Finance, Services and
Innovation, or
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule:
Part 3 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
14 Existing delegations
The amendment made to section 187 by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect any delegation made under that section
and in force immediately before the commencement of that amendment.
Explanatory note
Item [1] of the proposed amendments makes a change consequent on a recent amendment to the
Motor Dealers and Repairers Act 2013, which transferred functions under that Act from the Secretary
of the Department of Finance, Services and Innovation to the Commissioner for Fair Trading. The
amendment will ensure that those functions can continue to be delegated to employees of the
Department of Finance, Services and Innovation. Item [2] makes a consequential amendment to
provide that the amendment does not affect any delegation made before the commencement of the
amendment.
1.14 NSW Lotteries (Authorised Transaction) Act 2009 No 60
[1] Section 11 Establishment of Lotteries Assets Ministerial Holding Corporation
Omit the section.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[2] Section 26A
Insert after section 26:
26A Provision consequent on enactment of Statute Law (Miscellaneous
Provisions) Act 2017
The Lotteries Assets Ministerial Holding Corporation (constituted under
section 11 before its repeal by the Statute Law (Miscellaneous Provisions) Act
2017) is dissolved.
[3] Schedule 1 Interpretative provisions
Omit the definition of Lotteries Assets Ministerial Holding Corporation from clause 1.
[4] Schedule 1, clause 1, definition of "public sector agency"
Omit paragraph (e).
Commencement
The amendments to the NSW Lotteries (Authorised Transaction) Act 2009 commence on 30 June
2017.
Explanatory note
Item [2] of the proposed amendments dissolves the Lotteries Assets Ministerial Holding Corporation,
which has not exercised any functions under the NSW Lotteries (Authorised Transaction) Act 2009
since it was established in connection with the transfer of the business of the New South Wales
Lotteries Corporation to the private sector. Items [1], [3] and [4] make consequential amendments.
1.15 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Section 39A
Insert after section 39:
39A Delegation
The Secretary may delegate the exercise of any function of the Secretary under
this Act (other than this power of delegation) to:
(a) any person employed in the Department of Finance, Services and
Innovation, or
(b) any person, or any class of persons, authorised for the purposes of this
section by the regulations.
Explanatory note
The proposed amendment will provide for a power to delegate the functions of the Commissioner for
Fair Trading under the Pawnbrokers and Second-hand Dealers Act 1996. Currently, the
Commissioner may delegate those functions only under a general power of delegation contained in
section 8 of the Fair Trading Act 1987.
1.16 Protection of the Environment Administration Act 1991 No 60
Section 34A Environment Protection Authority Fund
Omit "1990, and" from section 34A (3) (b) (vi). Insert instead:
1990,
(vii) the Waste Avoidance and Resource Recovery Act 2001, and
Explanatory note
The proposed amendment provides that application and approval fees payable to the Environment
Protection Authority in connection with the container deposit scheme established by the Waste
Avoidance and Resource Recovery Act 2001 are to be paid into the Environment Protection Authority
Fund. This arrangement is consistent with the allocation to that Fund of fees payable under other
legislation administered by the Authority.
Page 11
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.17 Southern Cross University Act 1993 No 69
[1] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation, and
[3] Section 16 (1) (f)
Insert "and" at the end of the paragraph.
[4] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
[5] Schedule 3 Savings and transitional provisions
Insert after clause 43:
Part 11 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
44 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the Southern Cross
University Act 1993 that confer powers on the Council of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act. Item [3] is an additional amendment, which corrects a list.
1.18 State Owned Corporations Act 1989 No 134
Schedule 5 Statutory SOCs
Omit "Ausgrid", "Superannuation Administration Corporation" and "TransGrid".
Explanatory note
The proposed amendment removes redundant references to statutory State owned corporations. The
corporations have ceased to be statutory State owned corporations for the purposes of the State
Owned Corporations Act 1989 as a consequence of corporate conversion directions given by the
Treasurer under the Electricity Network Assets (Authorised Transactions) Act 2015 and the
Page 12
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016. The directions
were given in respect of TransGrid on 16 December 2015, Ausgrid on 1 December 2016 and
Superannuation Administration Corporation on 1 December 2016.
1.19 Strata Schemes Development Act 2015 No 51
Section 115 Readjustment of strata scheme for purposes of resumption
Insert "amending the existing schedule of unit entitlement or" before "substituting" in
section 115 (4) (a).
Explanatory note
The proposed amendment makes it clear that the power of the Supreme Court to order the
substitution of a strata scheme's unit of entitlement in connection with the compulsory acquisition of
land forming part of a strata scheme extends to an order for the amendment of the unit of entitlement.
1.20 Subordinate Legislation Act 1989 No 146
Schedule 5 Further postponement of repeal of certain statutory rules
Insert after clause 6:
7 Postponement of repeal of other statutory rules due for repeal in 2017
The following statutory rules remain in force until 1 September 2018, unless
sooner repealed:
(a) Building Professionals Regulation 2007,
(b) Commons Management Regulation 2006,
(c) Community Land Development Regulation 2007,
(d) Community Land Management Regulation 2007,
(e) Crown Lands (Continued Tenures) Regulation 2006,
(f) Crown Lands (General Reserves) By-law 2006,
(g) Crown Lands Regulation 2006,
(h) Environmental Planning and Assessment Regulation 2000,
(i) Hay Irrigation Regulation 2007,
(j) Local Government (General) Regulation 2005,
(k) Local Government (Manufactured Home Estates, Caravan Parks,
Camping Grounds and Moveable Dwellings) Regulation 2005,
(l) Wentworth Irrigation Regulation 2007.
Explanatory note
The proposed amendment keeps a number of statutory rules in force for a further period of 1 year
after the date on which they would otherwise be repealed by the Subordinate Legislation Act 1989.
However, any of the statutory rules may be repealed sooner by other legislation.
The proposed amendment is necessary as the statutory rules have each been postponed on at least
5 occasions and are due to be repealed by the Subordinate Legislation Act 1989 on 1 September
2017.
Each of the statutory rules continues to be required and the repeal of each of the statutory rules is to
be further postponed until 1 September 2018 for the following reasons:
(a) The statutory review of the Building Professionals Act 2005 has proposed new legislation to
replace that Act with a new Act. It is therefore proposed to postpone the repeal of the Building
Professionals Regulation 2007 pending the enactment of that new legislation.
(b) The Community Land Development Act 1989 and the Community Land Management Act 1989
are currently under review. It is considered that it would be premature to remake the
Community Land Development Regulation 2007 and the Community Land Management
Regulation 2007 at this time.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
(c) The Crown Land Management Act 2016 will, on commencement, repeal the Crown Lands
(Continued Tenures) Regulation 2006, the Crown Lands (General Reserves) By-law 2006, the
Crown Lands Regulation 2006, the Hay Irrigation Regulation 2007 and the Wentworth
Irrigation Regulation 2007 and the principal Acts under which they are made. It is therefore
proposed to postpone the repeal of these regulations and the by-law pending the
commencement of those repeals.
(d) The Commons Management Act 1989 and the Commons Management Regulation 2006 are
to be reviewed in light of the enactment of the new legal regime enacted under the Crown Land
Management Act 2016. It is therefore proposed to postpone the repeal of the Commons
Management Regulation 2006 pending the conclusion of that review.
(e) The Environmental Planning and Assessment Act 1979 and its related legislation is under
ongoing review. It is considered that it would be premature to remake the Environmental
Planning and Assessment Regulation 2000 until the results of the review are clear.
(f) The Local Government Act 1993 is currently under comprehensive review. It is considered that
it would be premature to remake the Local Government (General) Regulation 2005 before the
conclusion of that review.
(g) A review is being undertaken to determine whether the Local Government (Manufactured
Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005
should be remade or replaced and whether to align it with the outcome of the current review
of the Local Government Act 1993. It is considered that it would be premature to remake the
Regulation before the conclusion of that review.
1.21 Superannuation Administration Corporation (Pillar) (Authorised
Transaction) Act 2016 No 19
[1] Sections 13 and 14
Omit the sections.
[2] Schedule 1 Interpretative provisions
Omit paragraph (d) of the definition of public sector agency in clause 1.
[3] Schedule 1, clause 1, definition of "Superannuation Administration Assets
Ministerial Holding Corporation"
Omit the definition.
[4] Schedule 6 Savings, transitional and other provisions
Insert after clause 2:
Part 3 Provisions consequent on enactment of Statute
Law (Miscellaneous Provisions) Act 2017
3 Definitions
In this Part:
the amending Act means the Statute Law (Miscellaneous Provisions) Act
2017.
4 Dissolution of Ministerial Holding Corporation
The Superannuation Administration Assets Ministerial Holding Corporation
(constituted under section 13 of this Act before its repeal by the amending Act)
is dissolved.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
5 Abolition of fund for Ministerial Holding Corporation
The Special Deposits Account fund for the Superannuation Administration
Assets Ministerial Holding Corporation (established under section 14 of this
Act before its repeal by the amending Act) is abolished.
Commencement
The amendments to the Superannuation Administration Corporation (Pillar) (Authorised Transaction)
Act 2016 commence on 30 June 2017.
Explanatory note
Item [4] of the proposed amendments dissolves the Superannuation Administration Assets Ministerial
Holding Corporation (which has not exercised any functions under the Superannuation Administration
Corporation (Pillar) (Authorised Transaction) Act 2016 since it was established in connection with the
transfer of the business of the Superannuation Administration Corporation to the private sector) and
abolishes a redundant fund established under the Act for the holding corporation. Items [1]-[3] make
consequential amendments.
1.22 Tow Truck Industry Act 1998 No 111
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "RMS" wherever occurring. Insert instead "the Secretary".
[2] Section 3 Definitions
Omit the definitions of authorised officer and RMS from section 3 (1).
Insert in alphabetical order:
authorised officer means a person employed in the Public Service or the
Transport Service who is authorised in writing by the Secretary as an
authorised officer for the purposes of this Act.
Department means the Department of Finance, Services and Innovation.
Secretary means the Secretary of the Department.
[3] Sections 16, 18 (1) and (6), 19, 21 (1), 24, 26 (1) and (3A), 27, 30 (1), 33 (1) (where firstly
occurring) and (4) (where firstly occurring), 34 (1) (where firstly occurring) and (5)
(where firstly occurring), 35 (1), (2) (where firstly occurring) and (5), 37 (2) (where
firstly and secondly occurring), 39 (1) and (4), 41 (6), 42 (1) (where firstly occurring)
and (2) (where firstly occurring), 43 (2A) and (6), 77, 78 (1) (where firstly occurring),
80 (1), 84, 90 (3), 92 (where firstly occurring), 95 (1) (where firstly occurring) and 96
Omit "RMS" wherever occurring. Insert instead "The Secretary".
[4] Part 2 Functions of RMS in relation to tow truck industry
Omit the Part.
[5] Section 33 Investigation of application for licence or drivers certificate
Omit "enable it" from section 33 (1). Insert instead "enable the Secretary".
[6] Section 38 Duplicate licence or drivers certificate
Omit "it may". Insert instead "the Secretary may".
[7] Section 39 Register of licences and drivers certificates
Omit "it determines" from section 39 (1). Insert instead "the Secretary determines".
[8] Part 3, Division 4, heading
Omit "RMS". Insert instead "Secretary".
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[9] Section 41 Disciplinary action
Omit ", in its administrative capacity," from section 41 (1).
[10] Section 43 Procedure for implementing disciplinary action
Omit "RMS's" from section 43 (2). Insert instead "the Secretary's".
[11] Section 57 Tow Truck number-plates
Omit "RMS may issue distinctive number-plates for tow trucks that are" from
section 57 (1).
Insert instead "Roads and Maritime Services may issue distinctive number-plates for tow
trucks that are, according to the advice of the Secretary,".
[12] Section 80 Inquiries
Omit "it may" from section 80 (3). Insert instead "the Secretary may".
[13] Section 92 Investment of money in Fund
Omit "RMS" from section 92 (b). Insert instead "the Department".
[14] Section 93
Insert after section 92:
93 Delegation by Secretary
(1) The Secretary may delegate to an authorised delegate any of the Secretary's
functions under this Act or the regulations, other than this power of delegation.
(2) A delegate may sub-delegate to another authorised delegate any of the
functions delegated by the Secretary if the delegate is authorised in writing to
do so by the Secretary.
(3) In this section:
authorised delegate means:
(a) any person employed in the Department, or
(b) any person, or any person belonging to a class of persons, prescribed by
the regulations.
[15] Section 101 Evidence
Omit "Chief Executive of RMS, or by a member of staff of RMS authorised by the Chief
Executive" from section 101 (2).
Insert instead "Secretary, or by an employee of the Department authorised by the
Secretary".
[16] Section 102 Service of documents
Omit section 102 (3).
[17] Section 102 (4)
Omit "or RMS".
[18] Section 105 Regulations
Omit "made or information supplied by RMS" from section 105 (2) (i).
Insert instead "required or information supplied by the Secretary".
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[19] Section 107 Repeals
Omit the section.
[20] Section 2 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
Existing authorised officers
(1) A person who was, immediately before the commencement of this clause,
authorised by Roads and Maritime Services as an authorised officer, is taken
to have been authorised by the Secretary as an authorised officer.
(2) An identification card issued to the person by Roads and Maritime Services
under section 98 is taken to be an identification card issued by the Secretary.
Commencement
The amendments to the Tow Truck Industry Act 1998 commence on 1 July 2017.
Explanatory note
Items [1]-[3], [6], [7] and [12] of the proposed amendments confer on the Secretary of the Department
of Finance, Services and Innovation (the Department) functions under the Tow Truck Industry Act
1998 (the Act) that are currently conferred on Roads and Maritime Services. Item [2] also enables
the Secretary to authorise any person employed in the Public Service or the Transport Service as an
authorised officer for the purposes of the Act. Items [5], [8]-[11], [13], [15]-[18] and [20] make
consequential amendments.
Item [14] enables the Secretary of the Department to delegate and authorise the sub-delegation of
the functions of the Secretary under the Act.
Item [4] makes a consequential amendment to remove a provision conferring on Transport for NSW
certain functions under the Act (including the determination of certain regulatory policy, the making of
reports, the provision of information to the public and the undertaking of research with respect to the
tow truck industry).
Item [19] omits a redundant provision.
1.23 Tow Truck Industry Regulation 2008
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit "RMS" wherever occurring. Insert instead "the Secretary".
[2] Clauses 6 (2), 8 (1), 10 (2), 15 (2), 17 (1), 21, 25D (where firstly occurring), 25E (1)
and (3), 25G, 25K, 33 (1), 36 (2), 46 (1) (where firstly occurring) and 54 (3) (where firstly
occurring)
Omit "RMS" wherever occurring. Insert instead "The Secretary".
[3] Clause 55 Exemption relating to interstate tow truck drivers and operators
Omit the note.
Commencement
The amendments to the Tow Truck Industry Regulation 2008 commence on 1 July 2017.
Explanatory note
The proposed amendments are consequent on the proposed amendments to the Tow Truck Industry
Act 1998 in this Schedule.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.24 Transport Administration Act 1988 No 109
[1] Section 3 Definitions
Omit paragraph (f) of the definition of transport legislation in section 3 (1).
[2] Section 78 Payments into RMS Fund
Omit section 78 (1) (b) (v).
Commencement
The amendments to the Transport Administration Act 1988 commence on 1 July 2017.
Explanatory note
The proposed amendments are consequent on the proposed amendments to the Tow Truck Industry
Act 1998 in this Schedule.
Item [1] ensures that functions under or in connection with that Act are no longer conferred on
Transport for NSW or Roads and Maritime Services.
Item [2] removes a redundant reference to money received by Roads and Maritime Services under
that Act from a provision relating to the Roads and Maritime Services Fund.
1.25 University of New England Act 1993 No 68
[1] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation, and
[3] Section 16 (1) (f)
Insert "and" at the end of the paragraph.
[4] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
[5] Schedule 3 Savings and transitional provisions
Insert after clause 47:
Part 11 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
48 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the University of New
England Act 1993 that confer powers on the Council of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act. Item [3] is an additional amendment, which corrects a list.
1.26 University of New South Wales Act 1989 No 125
[1] Section 15 Functions of Council
Insert after section 15 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 15 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 17 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 17 (2).
[4] Schedule 3 Savings and transitional provisions
Insert after clause 16:
17 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the University of New
South Wales Act 1989 that confer powers on the Council of the University with respect to the control
and management of the financial affairs of the University and the acquisition and management of
property. Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.27 University of Newcastle Act 1989 No 68
[1] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
[4] Schedule 3 Savings and transitional provisions
Insert after clause 26:
Part 7 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
27 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the University of
Newcastle Act 1989 that confer powers on the Council of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
1.28 University of Sydney Act 1989 No 124
[1] Section 16 Functions of Senate
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 18 Powers of Senate relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
[4] Schedule 3 Savings and transitional provisions
Insert after clause 18:
19 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the University of Sydney
Act 1989 that confer powers on the Senate of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
1.29 University of Technology Sydney Act 1989 No 69
[1] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[3] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[4] Schedule 3 Savings and transitional provisions
Insert after clause 25:
Part 7 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
26 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the University of
Technology Sydney Act 1989 that confer powers on the Council of the University with respect to the
control and management of the financial affairs of the University and the acquisition and management
of property. Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
1.30 University of Wollongong Act 1989 No 127
[1] Section 11
Omit the section. Insert instead:
11 Deputy Chancellors
(1) The Council must elect one or more of its members to be Deputy Chancellors
of the University.
(2) Whenever a vacancy in the office of a Deputy Chancellor occurs, the Council
must elect one of its members to fill the vacancy. The Council is not required
to do so if there is another Deputy Chancellor.
(3) A Deputy Chancellor, unless he or she sooner resigns or is removed from
office as a Deputy Chancellor or ceases to be a member of the Council, holds
office for 2 years from the date of election and on the conditions (if any) that
are prescribed by the by-laws.
(4) In the absence of the Chancellor, or during a vacancy in the office of
Chancellor or during the inability of the Chancellor to act, the Deputy
Chancellor or (if more than one) a Deputy Chancellor appointed from time to
time by the Council has all the functions of the Chancellor.
(5) No more than one Deputy Chancellor may be appointed under this section at
any one time to exercise the functions of the Chancellor.
[2] Section 11A Removal from office of Chancellor or Deputy Chancellor
Insert "a" before "Deputy Chancellor" wherever occurring in section 11A (1) and (3).
[3] Section 11A (4)
Omit "those offices". Insert instead "the office of Chancellor or a Deputy Chancellor".
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[4] Section 16 Functions of Council
Insert after section 16 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[5] Section 16 (1) (d)
Omit the paragraph. Insert instead:
(d) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation,
[6] Section 18 Powers of Council relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 18 (2).
[7] Section 28 By-laws
Omit "the Deputy Chancellor" from section 28 (1) (i). Insert instead "a Deputy Chancellor".
[8] Schedule 1 Provisions relating to members and procedure of the Council
Omit clause 7 (2). Insert instead:
(2) At any meeting of the Council at which the Chancellor is not present:
(a) the Deputy Chancellor who has the functions of the Chancellor under
section 11 (4), or
(b) if any such Deputy Chancellor is not present at the meeting--a member
elected by and from the members present,
is to preside at the meeting.
[9] Schedule 3 Savings and transitional provisions
Insert after clause 18:
19 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Commencement
Items [1]-[3], [7] and [8] of the amendments to the University of Wollongong Act 1989 commence on
the date of assent to this Act.
Explanatory note
Item [1] of the proposed amendments substitutes section 11 of the Act to enable the Council of the
University of Wollongong to elect one or more persons as Deputy Chancellors of the University (rather
than one person, as is currently the case) and to make consequential changes to the existing
provision. Items [2], [3], [7] and [8] also make consequential amendments.
Items [4]-[6] more clearly delineate the ambit of provisions of the Act that confer powers on the
Council with respect to control and management of the financial affairs of the University and the
acquisition and management of property. Item [9] contains a consequential savings and transitional
provision. Similar amendments are being made to university Acts in general. Each of the amendments
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
set out in items [4]-[6] and [9] is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act.
1.31 University of Wollongong By-law 2005
[1] Part 2, heading
Omit "Deputy Chancellor". Insert instead "Deputy Chancellors".
[2] Clause 4 Election of Chancellor or Deputy Chancellors
Insert "a" before "Deputy Chancellor".
[3] Clause 5 Nomination of Chancellor or Deputy Chancellors
Insert "a" before "Deputy Chancellor".
[4] Clause 6 Authority
Insert "a" before "Deputy Chancellor".
[5] Clause 16 Nomination procedures relating to appointed members
Omit clause 16 (1) (b). Insert instead:
(b) at least one Deputy Chancellor,
[6] Clause 16 (1A)
Insert after clause 16 (1):
(1A) Despite subclause (1), the Committee may be differently constituted if the
Council so determines.
[7] Clauses 23 (a) and 30 (2)
Omit "the Deputy Chancellor" wherever occurring. Insert instead "a Deputy Chancellor".
[8] Clause 29 Honorary Awards Committee
Omit "a Ceremonial and" from clause 29 (1). Insert instead "an".
[9] Clause 29 (2)
Omit "Ceremonial and".
Commencement
The amendments to the University of Wollongong By-law 2005 commence on the date of assent to
this Act.
Explanatory note
Items [1]-[5] and [7] of the proposed amendments are consequent on a proposed amendment to the
University of Wollongong Act 1989 in this Schedule that enables the Council of the University of
Wollongong to elect one or more persons as Deputy Chancellors of the University, rather than only
one person.
Item [6] gives the Council a discretion to constitute the Council Nominations Committee differently
from its constitution as provided for in the By-law.
Item [8] alters the name of a committee established by the Council and item [9] makes a consequential
amendment.
Page 24
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
1.32 Water Management Act 2000 No 92
[1] Section 60D Taking water otherwise than by or from water supply work or extraction
point nominated in access licence
Omit "a nominated water supply work for that water source".
Insert instead "a water supply work, or from an extraction point, that is nominated in an
access licence".
[2] Section 71G Minister may require production or surrender of access licence
certificate before recording matters in Access Register
Insert at the end of the section:
(2) The Minister may require the access licence certificate for an access licence to
be surrendered to the Minister before the Minister records the surrender of the
access licence to which that certificate relates in the Access Register.
[3] Dictionary
Omit the definition of nominated water supply work.
Explanatory note
Item [1] of the proposed amendments modifies a prohibition on taking water from a water source.
Currently, water must not be taken from a water source unless it is taken by means of a water supply
work nominated in an access licence for that water source. The amendment will modify the prohibition
to enable a person to take water from a water source by means of any water supply work or extraction
point nominated in an access licence (whether or not it is nominated for that water source). The
amendment is consequent on changes made by the Water Management Amendment Act 2014
(which enable the holder of an access licence to nominate for any water source a water supply point
or extraction point from which water may be taken under the licence). Item [3] makes a consequential
amendment.
Item [2] enables the Minister for Regional Water to require an access licence certificate for an access
licence under that Act to be surrendered before recording the surrender of the access licence in the
Water Access Licence Register.
1.33 Western Sydney University Act 1997 No 116
[1] Section 22 Functions of Board
Insert after section 22 (1B) (e):
(e1) without limiting paragraph (e), to enter into or participate in
arrangements or transactions, or combinations of arrangements or
transactions, to effect financial adjustments for the management of
financial risks, and
[2] Section 22 (1) (e)
Omit the paragraph. Insert instead:
(e) obtain financial accommodation (including, without limitation, by the
borrowing or raising of money) and do all things necessary or
convenient to be done in connection with obtaining financial
accommodation, and
[3] Section 22 (1) (g)
Insert "and" at the end of the paragraph.
[4] Section 24 Powers of Board relating to property
Insert "and may dispose of or otherwise deal with any other property of the University"
after "University" in section 24 (2).
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 1 Minor amendments
[5] Schedule 4 Savings, transitional and other provisions
Insert after clause 35:
Part 7 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2017
36 Financial accommodation and risk management
An amendment made to this Act by the Statute Law (Miscellaneous
Provisions) Act 2017 does not affect the validity of any financial
accommodation made by or on behalf of the University, any transaction or
arrangement entered into or participated in to manage a financial risk, or any
disposal or other dealing with property of the University, before the
commencement of the amendment.
Explanatory note
The proposed amendments more clearly delineate the ambit of provisions of the Western Sydney
University Act 1997 that confer powers on the Board of the University with respect to the control and
management of the financial affairs of the University and the acquisition and management of property.
Similar amendments are being made to university Acts in general.
Each of the above amendments is explained in the explanatory note to Schedule 1.4 (Charles Sturt
University Act 1989 No 76) to this Act. Item [3] is an additional amendment, which corrects a list.
Page 26
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law revision
2.1 Australia and New Zealand Banking Group Limited (NMRB) Act 1991
No 35
Section 26 (1) and (2)
Omit "Australian Securities Commission" wherever occurring.
Insert instead "Australian Securities and Investments Commission".
Explanatory note
The proposed amendment updates references to a renamed Commonwealth agency.
2.2 Australian Jockey and Sydney Turf Clubs Merger Act 2010 No 93
Sections 4 (1) (definition of "racecourse"), 12 (1) (paragraph (c) of the definition of
"transferable regulatory authorisations") and 40
Omit "Racing Administration Act 1998" wherever occurring.
Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates references to a renamed Act.
2.3 Biofuels (Registration) Order 2016
[1] Clause 3 (2)
Insert at the end of clause 3:
(2) Notes included in this Order do not form part of this Order.
[2] Clause 4 (2)
Omit "Schedule 1 of" wherever occurring. Insert instead "Schedule 1 to".
[3] Clause 4 (4)
Renumber paragraph (g) as paragraph (f).
Explanatory note
Item [1] of the proposed amendments clarifies the status of notes. Item [2] corrects a reference.
Item [3] corrects numbering.
2.4 Canberra Advance Bank Limited (Merger) Act 1992 No 17
Section 25
Omit "Australian Securities Commission".
Insert instead "Australian Securities and Investments Commission".
Explanatory note
The proposed amendment updates a reference to a renamed Commonwealth agency.
2.5 Cemeteries and Crematoria Act 2013 No 105
Section 54 (1)
Insert "," after "fee".
Explanatory note
The proposed amendment inserts missing punctuation.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 2 Amendments by way of statute law revision
2.6 Children (Criminal Proceedings) Act 1987 No 55
Section 48W (n)
Omit "the the". Insert instead "the".
Explanatory note
The proposed amendment omits a duplicated word.
2.7 Duties Act 1997 No 123
[1] Sections 65 (9), 81 and 85 (1) (b)
Insert "(New Homes)" after "First Home Owner Grant" wherever occurring.
[2] Schedule 2
Omit "Sydney Harbour Foreshore Authority". Insert instead "Place Management NSW".
Explanatory note
Item [1] of the proposed amendments updates references to a renamed Act. Item [2] updates a
reference to a renamed statutory body.
2.8 Election Funding, Expenditure and Disclosures Act 1981 No 78
[1] Schedule 1, clause 5 (2)
Omit "25 cents". Insert instead "56 cents".
[2] Schedule 1, clause 5 (2)
Omit "0.01 cent" wherever occurring. Insert instead "$0.01".
Explanatory note
Item [1] of the proposed amendments corrects a reference to an amount adjusted for inflation. Item [2]
updates a reference to the rounding of an amount adjusted for inflation to reflect the practice of
rounding off to a whole cent (rather than a fraction of a cent).
2.9 Electricity Network Assets (Authorised Transactions) Act 2015 No 5
Section 3, paragraph (b) of definition of "associated electricity network land"
Omit "Government Property NSW". Insert instead "Property NSW".
Explanatory note
The proposed amendment updates a reference to a renamed statutory body.
2.10 Fair Trading Amendment (Commercial Agents) Act 2016 No 52
Schedule 1 [1], proposed section 60E (4) (g)
Insert "of" after "holder".
Explanatory note
The proposed amendment inserts a missing word.
2.11 Fines Act 1996 No 99
Section 117A (1) (a2) (i)
Insert "(New Homes)" after "First Home Owner Grant".
Explanatory note
The proposed amendment updates a reference to a renamed Act.
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2.12 Fire Brigades Act 1989 No 192
Section 44, definition of "State Revenue Commissioner"
Omit "--means". Insert instead "means".
Explanatory note
The proposed amendment omits redundant punctuation.
2.13 Forbes Local Environmental Plan 2013
Clause 4.1AA
Renumber clause 4.1AA (4) as clause 4.1AA (3A).
Explanatory note
The proposed amendment corrects numbering.
2.14 Gambling (Two-up) Act 1998 No 115
Section 7 (2)
Omit "Racing Administration Act 1998". Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates a reference to a renamed Act.
2.15 Gloucester Local Environmental Plan 2010
Land Use Table, Zone RU1, item 1
Omit "eco tourism". Insert instead "eco-tourism".
Explanatory note
The proposed amendment corrects terminology.
2.16 Greater Taree Local Environmental Plan 2010
Schedule 5, item I249
Omit "and Lot 16". Insert instead "; Lot 16".
Explanatory note
The proposed amendment corrects punctuation.
2.17 Hairdressers Act 2003 No 62
[1] Section 4 (2), paragraph (a) of definition of "authorised qualification"
Omit "(WRH30100) Certificate". Insert instead "Certificate".
[2] Section 4 (2), definition of "registered training organisation"
Omit "Vocational Education and Training Act 2005".
Insert instead "National Vocational Education and Training Regulator Act 2011 of the
Commonwealth".
Explanatory note
Item [1] of the proposed amendments removes a reference to an obsolete course code. Item [2]
updates a reference to an Act.
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2.18 Harness Racing Act 2009 No 20
Sections 3 (1) (definition of "harness racing meeting") and 19 (9) (definition of
"racecourse licensed for harness racing")
Omit "Racing Administration Act 1998" wherever occurring.
Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates references to a renamed Act.
2.19 Hemp Industry Act 2008 No 58
Section 5
Insert at the end of the section:
Note. See the Narcotic Drugs Act 1967 of the Commonwealth for provisions relating to
the regulation of the cultivation of cannabis (including low-THC hemp) for medicinal and
related scientific purposes.
Explanatory note
The proposed amendment inserts a note referring to a Commonwealth Act that provides for the
regulation of the cultivation of cannabis for medicinal and related scientific purposes.
2.20 Independent Commission Against Corruption Act 1988 No 35
Section 35 (4A)
Omit "the the". Insert instead "the".
Explanatory note
The proposed amendment omits a duplicated word.
2.21 Lake Macquarie Local Environmental Plan 2014
Schedule 5, Part 1, item 41
Omit "Almora Close 180". Insert instead "Almora Close, 180".
Explanatory note
The proposed amendment inserts missing punctuation.
2.22 Land Acquisition (Just Terms Compensation) Act 1991 No 22
Section 4 (2) (b)
Omit "Public Works Act 1912". Insert instead "Public Works and Procurement Act 1912".
Explanatory note
The proposed amendment updates a reference to a renamed Act.
2.23 Land Tax Management Act 1956 No 26
[1] Section 10 (1) (b)
Omit "Marketing of Primary Products Act 1983".
Insert instead "Rice Marketing Act 1983".
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[2] Section 10CA Taxation of land owned by Place Management NSW
Omit "the Sydney Harbour Foreshore Authority" wherever occurring in section 10CA (1).
Insert instead "Place Management NSW".
Explanatory note
Item [1] of the proposed amendments updates a reference to a renamed Act. Item [2] updates
references to a renamed statutory body.
2.24 Liquor Act 2007 No 90
Section 36 (6) (a)
Omit "Racing Administration Act 1998". Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates a reference to a renamed Act.
2.25 Liquor Regulation 2008
Clause 26 (2)
Omit "with 20 kms". Insert instead "within 20 km".
Explanatory note
The proposed amendment corrects typographical errors.
2.26 Local Government Act 1993 No 30
Section 650A (2) (c)
Omit "free".
Explanatory note
The proposed amendment removes a redundant word.
2.27 Local Government (General) Regulation 2005
Clause 419 (1) (b)
Omit "clause 121 (3A)". Insert instead "clause 121 (3)".
Explanatory note
The proposed amendment corrects a cross-reference.
2.28 Mine Subsidence Compensation Act 1961 No 22
Section 13 (1AB) and (1AC)
Omit "Public Works Act 1912" wherever occurring.
Insert instead "Public Works and Procurement Act 1912".
Explanatory note
The proposed amendment updates references to a renamed Act.
2.29 Nambucca Local Environmental Plan 2010
Land Use Table, Zone R5, item 2
Omit "childcare". Insert instead "child care".
Explanatory note
The proposed amendment corrects terminology.
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2.30 National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104
Schedule 2, clause 7 (1) and (2)
Omit "transferor" wherever occurring. Insert instead "transferee".
Explanatory note
The proposed amendment corrects references.
2.31 Parliamentary Remuneration Act 1989 No 160
Schedule 1
Omit the following:
Chair of the General Purpose Standing Committee No 1 of the Legislative Council
Chair of the General Purpose Standing Committee No 2 of the Legislative Council
Chair of the General Purpose Standing Committee No 3 of the Legislative Council
Chair of the General Purpose Standing Committee No 4 of the Legislative Council
Chair of the General Purpose Standing Committee No 5 of the Legislative Council
Chair of the General Purpose Standing Committee No 6 of the Legislative Council
Insert instead:
Chair of the Portfolio Committee No 1--Premier and Finance
Chair of the Portfolio Committee No 2--Health and Community Services
Chair of the Portfolio Committee No 3--Education
Chair of the Portfolio Committee No 4--Legal Affairs
Chair of the Portfolio Committee No 5--Industry and Transport
Chair of the Portfolio Committee No 6--Planning and Environment
Explanatory note
The proposed amendment updates references to the titles of certain recognised office holders under
the Parliamentary Remuneration Act 1989 in line with a resolution of the Legislative Council to rename
certain committees of the Council.
2.32 Photo Card Regulation 2014
Clause 3
Insert at the end of the clause:
(2) Notes included in this Regulation do not form part of this Regulation.
Explanatory note
The proposed amendment clarifies the status of notes.
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2.33 Place Management NSW Act 1998 No 170
Section 17 (2) and (3)
Omit "Public Works Act 1912" wherever occurring.
Insert instead "Public Works and Procurement Act 1912".
Explanatory note
The proposed amendment updates references to a renamed Act.
2.34 Ports Assets (Authorised Transactions) Act 2012 No 101
Section 3, paragraph (b) of definition of "associated port land"
Omit "State Property Authority". Insert instead "Property NSW".
Explanatory note
The proposed amendment updates a reference to a renamed statutory body.
2.35 Protection of the Environment Operations Act 1997 No 156
Dictionary, definition of "marine authority"
Omit "the Maritime Authority of NSW". Insert instead "Roads and Maritime Services".
Explanatory note
The proposed amendment updates a reference to a statutory body as a consequence of the Transport
Legislation Amendment Act 2011.
2.36 Social and Affordable Housing NSW Fund Act 2016 No 51
Section 3
Insert at the end of the section:
(2) Notes included in this Act do not form part of this Act.
Explanatory note
The proposed amendment clarifies the status of notes.
2.37 State Environmental Planning Policy (Infrastructure) 2007
[1] Clause 48B (2) (c)
Insert "of" after "74E".
[2] Clause 78 (1), definition of "Interim Rail Link Corridor"
Omit paragraphs (b) and (c).
[3] Clause 78 (1), definition of "rail corridors map"
Omit paragraph (b).
[4] Clause 113, definition of "ancillary facilities", paragraph (i)
Omit "anti climbing". Insert instead "anti-climbing".
[5] Clause 121 (3)
Omit "as defined by". Insert instead "within the meaning of Schedule 1 to".
Explanatory note
Item [1] of the proposed amendments inserts a missing word. Items [2] and [3] omit references relating
to a proposed rail line, which have become redundant because the relevant rail line (the South West
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Rail Link) has been constructed. Item [4] inserts a missing hyphen. Item [5] corrects a
cross-reference.
2.38 Superannuation (Axiom Funds Management Corporation) Act 1996
No 40
Section 4, definition of "SAA"
Omit the definition.
Explanatory note
The proposed amendment omits a redundant definition.
2.39 Sutherland Shire Local Environmental Plan 2015
Clause 6.14 (5)
Omit "childcare centre". Insert instead "child care centre".
Explanatory note
The proposed amendment corrects terminology.
2.40 Taxation Administration Act 1996 No 97
[1] Section 82 (b) (ii)
Insert "(New Homes)" after "First Home Owner Grant".
[2] Section 82 (k) (ii)
Insert "Archives and" after "State".
Explanatory note
Item [1] of the proposed amendments updates a reference to a renamed Act. Item [2] updates a
reference to a renamed statutory body.
2.41 Teacher Accreditation Regulation 2015
[1] Clause 17 (1) (a)
Omit "President". Insert instead "Chief Executive Officer".
[2] Clause 39 (4) (c)
Omit "office". Insert instead "officer".
Explanatory note
Item [1] of the proposed amendments updates a reference to an office holder. Item [2] corrects a
typographical error.
2.42 Thoroughbred Racing Act 1996 No 37
Section 14A (9) (definitions of "meeting for horse racing" and "racecourse licensed
for horse racing")
Omit "Racing Administration Act 1998" wherever occurring.
Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates references to a renamed Act.
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2.43 Totalizator Act 1997 No 45
Sections 5 (1) (definitions of "authorised betting auditorium" and "racecourse"),
12 (1) (b), 13 (2) (b), 14 (1) (b) and 15 (1) (b) and clauses 11 (5) (c) and 21 of Schedule 2
Omit "Racing Administration Act 1998" wherever occurring.
Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates references to a renamed Act.
2.44 Unlawful Gambling Act 1998 No 113
Sections 9 (2) (b) and 49
Omit "Racing Administration Act 1998" wherever occurring.
Insert instead "Betting and Racing Act 1998".
Explanatory note
The proposed amendment updates references to a renamed Act.
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Schedule 3 Amendments consequent on enactment of Fines
Amendment (Electronic Penalty Notices) Act
2016
Explanatory note
The proposed amendments in this Schedule update the provisions of various Acts providing for the
issue of penalty notices consequent on the enactment of the Fines Amendment (Electronic Penalty
Notices) Act 2016. That Act amended the Fines Act 1996 to consolidate and standardise provisions
relating to penalty notices, including by transferring to the Fines Act 1996 the substance of provisions
found in specific sections of other Acts providing for the issue of penalty notices. The proposed
amendments remove provisions of those sections of certain other Acts that are now duplicated in the
Fines Act 1996 and consolidate and standardise the remaining provisions of those sections (which
provide for matters such as who may issue penalty notices, the offences for which penalty notices
may be issued and the amount of penalty payable).
3.1 Assisted Reproductive Technology Act 2007 No 69
Section 64
Omit the section. Insert instead:
64 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) an inspector, or
(b) a person who is declared by the regulations to be an authorised officer
for the purposes of this section or who belongs to a class of persons so
declared.
3.2 Associations Incorporation Act 2009 No 7
Section 93
Omit the section. Insert instead:
93 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
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2016
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.3 Barangaroo Delivery Authority Act 2009 No 2
Section 45
Omit the section. Insert instead:
45 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Authority as an authorised officer for the purposes of this section.
3.4 Biofuels Act 2007 No 23
Section 29
Omit the section. Insert instead:
29 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
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2016
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person employed in the Department
who is authorised in writing by the Secretary as an authorised officer for the
purposes of this section.
3.5 Biosecurity Act 2015 No 24
[1] Section 303
Omit the section. Insert instead:
303 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
[2] Schedule 8 Amendment of other legislation
Omit Schedule 8.16.
3.6 Boarding Houses Act 2012 No 74
Section 98
Omit the section. Insert instead:
98 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
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(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) a police officer, and
(b) in relation to an offence against a provision of Part 2 or regulations for
that Part--a person who:
(i) is employed by a council or subject to its control or direction, and
(ii) is an authorised person (within the meaning of the Local
Government Act 1993) for the purposes of section 679 (Penalty
notices for certain offences) of that Act, and
(c) in relation to an offence against a provision of Part 4 or regulations for
that Part--an enforcement officer within the meaning of that Part, and
(d) a person (or a person belonging to a class) prescribed by the regulations
for the purposes of this paragraph.
3.7 Building Professionals Act 2005 No 115
Section 92
Omit the section. Insert instead:
92 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
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(6) In this section, authorised officer means a person authorised in writing by the
Board as an authorised officer for the purposes of this section.
3.8 Cemeteries and Crematoria Act 2013 No 105
Section 111
Omit the section. Insert instead:
111 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.9 Children and Young Persons (Care and Protection) Act 1998 No 157
Section 259A
Omit the section. Insert instead:
259A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) a police officer, or
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(b) a person employed in the Department who is authorised in writing by
the Secretary as an authorised officer for the purposes of this section, or
(c) a person employed in the Office of the Children's Guardian who is
authorised in writing by the Children's Guardian as an authorised
officer for the purposes of this section.
3.10 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
Section 61A
Omit the section. Insert instead:
61A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means, in relation to a particular offence, a person
belonging to a class of persons specified in the regulations in relation to that
offence.
3.11 Commercial Agents and Private Inquiry Agents Act 2004 No 70
Section 28
Omit the section. Insert instead:
28 Penalty notices
(1) An authorised inspector may issue a penalty notice to a person if it appears to
the inspector that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.12 Companion Animals Act 1998 No 87
Section 92
Omit the section. Insert instead:
92 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.13 Conveyancers Licensing Act 2003 No 3
Section 158
Omit the section. Insert instead:
158 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
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(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Secretary as an authorised officer for the purposes of this section.
3.14 Court Security Act 2005 No 1
Section 29
Omit the section. Insert instead:
29 Penalty notices
(1) A security officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.15 Dams Safety Act 2015 No 26
Section 46
Omit the section. Insert instead:
46 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
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(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.16 Dangerous Goods (Road and Rail Transport) Act 2008 No 95
Section 48
Omit the section. Insert instead:
48 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.17 Election Funding, Expenditure and Disclosures Act 1981 No 78
Section 111A
Omit the section. Insert instead:
111A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
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(6) In this section, authorised officer means an inspector within the meaning of
section 110.
3.18 Electricity Supply Act 1995 No 94
Section 187
Omit the section. Insert instead:
187 Penalty notices
(1) An enforcement officer may issue a penalty notice to a person if it appears to
the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, enforcement officer means:
(a) a police officer, or
(b) a person employed in a government sector agency (within the meaning
of the Government Sector Employment Act 2013) who is authorised in
writing by the Minister to act as an enforcement officer for the purposes
of this section.
3.19 Energy and Utilities Administration Act 1987 No 103
Section 46A
Omit the section. Insert instead:
46A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
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the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Corporation or the Secretary as an authorised officer for the purposes of this
section.
3.20 Entertainment Industry Act 2013 No 73
Section 35
Omit the section. Insert instead:
35 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.21 Exhibited Animals Protection Act 1986 No 123
Section 46A
Omit the section. Insert instead:
46A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
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the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) an inspector (other than a member who is deemed to be an inspector
under section 9 (2)), or
(b) a person of a class prescribed by the regulations as a class of persons
who may issue penalty notices under this section.
3.22 Explosives Act 2003 No 39
Section 34
Omit the section. Insert instead:
34 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) an inspector, or
(b) a police officer, or
(c) a person belonging to a class of persons specified in the regulations.
3.23 Fair Trading Act 1987 No 68
Section 67
Omit the section. Insert instead:
67 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
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(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) For the avoidance of doubt, a reference to any further proceedings for the
alleged offence in section 22A (1) of the Fines Act 1996 (being an offence
against this Act or the regulations) includes a reference to any further
proceedings under section 224 of the ACL for a contravention of a provision
of the ACL that has the same elements as the elements for the alleged offence.
(7) In this section, authorised officer means:
(a) the Secretary, or
(b) an investigator, or
(c) a person who is appointed in writing by the Secretary as an authorised
officer for the purposes of this section.
3.24 Firearms Act 1996 No 46
Section 85A
Omit the section. Insert instead:
85A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act (other than an offence
referred to in section 84 (2) or (3)) or the regulations that is prescribed by the
regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means:
(a) a police officer, or
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(b) any other member of the NSW Police Force authorised in writing by the
Commissioner for the purposes of this section.
3.25 Fisheries Management Act 1994 No 38
Section 276
Omit the section. Insert instead:
276 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a police officer or, in relation to a
particular offence, a person belonging to a class of persons specified in the
regulations in relation to that offence.
3.26 Fisheries Management (General) Regulation 2010
Clause 348
Omit "section 276 (9)" from clause 348 (3). Insert instead "section 276 (6)".
3.27 Food Act 2003 No 43
Section 120
Omit the section. Insert instead:
120 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a police officer, the Chief Executive
Officer or an authorised officer as defined in section 4 (1).
3.28 Game and Feral Animal Control Act 2002 No 64
Section 57
Omit the section. Insert instead:
57 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means:
(a) an inspector, or
(b) a person who is declared by the regulations to be an authorised officer
for the purposes of this section or who belongs to a class of persons so
declared.
3.29 Gaming and Liquor Administration Act 2007 No 91
Section 46
Omit the section. Insert instead:
46 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
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(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means a police officer or an inspector.
3.30 Gene Technology (GM Crop Moratorium) Act 2003 No 12
Section 35
Omit the section. Insert instead:
35 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means:
(a) an inspector, or
(b) a person who is declared by the regulations to be an authorised officer
for the purposes of this section or who belongs to a class of persons so
declared.
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3.31 Graffiti Control Act 2008 No 100
Section 16
Omit the section. Insert instead:
16 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed an offence against section 7 or 8 of this
Act.
(2) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(3) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(4) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(5) In this section, authorised officer means:
(a) a police officer, or
(b) a person of a class prescribed by the regulations as a class of persons
who may issue penalty notices under this section.
3.32 Graffiti Control Regulation 2014
Clause 11
Omit "section 16 (2)" from clause 11 (1). Insert instead "section 16 (3)".
3.33 Hemp Industry Act 2008 No 58
Section 45
Omit the section. Insert instead:
45 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
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(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means a police officer or an inspector.
3.34 Home Building Act 1989 No 147
Section 138A
Omit the section. Insert instead:
138A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) the Secretary, or
(b) a person authorised in writing by the Secretary as an authorised officer
for the purposes of this section, or
(c) an investigator appointed under the Fair Trading Act 1987.
3.35 Hunter Water Act 1991 No 53
Section 31A
Omit the section. Insert instead:
31A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person of a class prescribed by the
regulations for the purposes of this section.
3.36 Impounding Act 1993 No 31
Section 36
Omit the section. Insert instead:
36 Penalty notices
(1) An impounding officer may issue a penalty notice to a person if it appears to
the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.37 Inclosed Lands Protection Act 1901 No 33
Section 10
Omit the section. Insert instead:
10 Penalty notices
(1) A police officer may issue a penalty notice to a person if it appears to the police
officer that the person has committed an offence against this Act.
(2) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(3) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
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(4) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.38 Inclosed Lands Protection Regulation 2013
Clause 4
Omit "section 10 (2) and (6)". Insert instead "section 10 (3)".
3.39 Industrial Relations Act 1996 No 17
Section 396
Omit the section. Insert instead:
396 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means an inspector appointed under this Act
or the Work Health and Safety Act 2011 or any other person of a class
prescribed by the regulations.
3.40 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Section 235
Omit the section. Insert instead:
235 Penalty notices
(1) A police officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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2016
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.41 Legal Profession Uniform Law Application Act 2014 No 16
Section 165
Omit the section. Insert instead:
165 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act, the local regulations or
the Legal Profession Uniform Law (NSW) that is prescribed by the regulations
as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person who is designated by the
local regulations as an authorised officer for the purposes of this section.
3.42 Local Land Services Act 2013 No 51
Section 189
Omit the section. Insert instead:
189 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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2016
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.43 Lord Howe Island Act 1953 No 39
Section 37B
Omit the section. Insert instead:
37B Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a member of staff of the Board who
is authorised by the Board to exercise powers, authorities, duties and functions
under this section, and includes a police officer.
3.44 Major Events Act 2009 No 73
Section 73
Omit the section. Insert instead:
73 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means any of the following who have been
authorised in writing by the responsible authority for the major event
concerned for the purposes of this section:
(a) a police officer,
(b) an officer or employee of a government agency,
(c) a person, or a member of a class of persons, prescribed by the
regulations for the purposes of this definition.
3.45 Marine Safety Act 1998 No 121
Section 126
Omit the section. Insert instead:
126 Penalty notices
(1) A law enforcement officer may issue a penalty notice to a person if it appears
to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, law enforcement officer means a police officer or, in relation
to a particular offence, a person belonging to a class of persons specified in the
regulations in relation to that offence.
3.46 Marine Safety Regulation 2016
Clause 135 Penalty notice offences and penalties
Omit "section 126 (9)" wherever occurring in clause 135 (4) and (4A).
Insert instead "section 126 (6)".
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
3.47 Meat Industry Act 1978 No 54
Section 76A
Omit the section. Insert instead:
76A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) an inspector, or
(b) a member of the NSW Police Force.
3.48 Motor Dealers and Repairers Act 2013 No 107
Section 158
Omit the section. Insert instead:
158 Penalty notices
(1) A penalty notice officer may issue a penalty notice to a person if it appears to
the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
Page 59
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(6) In this section, penalty notice officer means a person prescribed by the
regulations for the purposes of this section.
3.49 Motor Dealers and Repairers Regulation 2014
Clause 56 Penalty notice officers
Omit "section 158 (10)". Insert instead "section 158 (6)".
3.50 Passenger Transport Act 2014 No 46
[1] Section 166
Omit the section. Insert instead:
166 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means:
(a) a police officer, or
(b) another authorised officer authorised in writing by TfNSW or RMS as
an authorised officer for the purposes of this section.
[2] Schedule 4 Amendment of Acts
Omit Schedule 4.2.
3.51 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Section 26
Omit the section. Insert instead:
26 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.52 Petroleum (Onshore) Act 1991 No 84
Section 125N
Omit the section. Insert instead:
125N Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person employed in the Department
who exercises functions under this Act or the Mining Act 1992 authorised in
writing by the Secretary as an authorised officer for the purposes of this
section.
3.53 Photo Card Act 2005 No 20
Section 34
Omit the section. Insert instead:
34 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
Page 61
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.54 Place Management NSW Act 1998 No 170
Section 43A
Omit the section. Insert instead:
43A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by
Place Management NSW as an authorised officer for the purposes of this
section.
3.55 Plantations and Reafforestation Act 1999 No 97
Section 62
Omit the section. Insert instead:
62 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Page 62
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.56 Plumbing and Drainage Act 2011 No 59
Section 41
Omit the section. Insert instead:
41 Penalty notices
(1) An enforcement officer may issue a penalty notice to a person if it appears to
the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.57 Ports and Maritime Administration Act 1995 No 13
Section 100
Omit the section. Insert instead:
100 Penalty notices
(1) A law enforcement officer may issue a penalty notice to a person if it appears
to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, law enforcement officer means a police officer or, in relation
to a particular offence, a person belonging to a class of persons specified in the
regulations in relation to that offence.
3.58 Ports and Maritime Administration Regulation 2012
Clause 70 Law enforcement officers
Omit "section 100 (9)". Insert instead "section 100 (6)".
3.59 Prevention of Cruelty to Animals Act 1979 No 200
Section 33E
Omit the section. Insert instead:
33E Penalty notices
(1) An inspector (within the meaning of Division 2 of Part 2A) may issue a penalty
notice to a person if it appears to the inspector that the person has committed
a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.60 Property, Stock and Business Agents Act 2002 No 66
Section 216
Omit the section. Insert instead:
216 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
Page 64
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means a person authorised in writing by the Secretary as an
authorised officer for the purposes of this section.
3.61 Public Health Act 2010 No 127
Section 118
Omit the section. Insert instead:
118 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.62 Public Health (Tobacco) Act 2008 No 94
Section 50
Omit the section. Insert instead:
50 Penalty notices
(1) An inspector may issue a penalty notice to a person if it appears to the
inspector that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Page 65
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, inspector includes a police officer.
3.63 Residential (Land Lease) Communities Act 2013 No 97
Section 177
Omit the section. Insert instead:
177 Penalty notices
(1) An investigator may issue a penalty notice to a person if it appears to the
investigator that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.64 Residential Tenancies Act 2010 No 42
Section 203
Omit the section. Insert instead:
203 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
Page 66
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Secretary as an authorised officer for the purposes of this section.
3.65 Retirement Villages Act 1999 No 81
Section 184
Omit the section. Insert instead:
184 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means:
(a) the Secretary, or
(b) a person appointed in writing by the Secretary as an authorised officer
for the purposes of this section, or
(c) an investigator.
3.66 Roads Act 1993 No 33
Section 243
Omit the section. Insert instead:
243 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed (or is, by virtue of section 244, guilty of)
a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
Page 67
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 3 Amendments consequent on enactment of Fines Amendment (Electronic Penalty Notices) Act
2016
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.67 Rural Fires Act 1997 No 65
Section 131
Omit the section. Insert instead:
131 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means, in relation to a particular offence, a
person belonging to a class of persons specified in the regulations in relation
to that offence.
3.68 Rural Fires Regulation 2013
[1] Clause 48
Omit "section 131 (6)" from clause 48 (1). Insert instead "section 131".
[2] Clause 48 (2)
Omit "section 131 (9)". Insert instead "section 131 (6)".
3.69 Smoke-free Environment Act 2000 No 69
Section 20A
Omit the section. Insert instead:
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20A Penalty notices
(1) An inspector may issue a penalty notice to a person if it appears to the
inspector that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.70 Sporting Venues Authorities Act 2008 No 65
Section 38
Omit the section. Insert instead:
38 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a police officer or a ranger.
3.71 Sporting Venues (Invasions) Act 2003 No 44
Section 12
Omit sections 12 and 13. Insert instead:
12 Penalty notices
(1) A police officer may issue a penalty notice to a person if it appears to the
officer that the person has committed an offence against a provision of Part 2.
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(2) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(3) The amount payable under a penalty notice issued under this section is:
(a) the amount prescribed for the alleged offence by the regulations (not
exceeding the maximum amount of penalty that could be imposed for
the offence by a court), or
(b) if no amount is prescribed--$500.
(4) This section does not affect a ban under Part 2, such a ban remaining in force
notwithstanding the payment of an amount payable under this section.
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.72 Stock Medicines Act 1989 No 182
Section 60A
Omit the section. Insert instead:
60A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Secretary of the Department of Industry as an authorised officer for the
purposes of this section, and includes a police officer.
3.73 Strata Schemes Management Act 2015 No 50
Section 250
Omit the section. Insert instead:
250 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
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(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person employed in the Department
of Finance, Services and Innovation authorised in writing by the Secretary as
an authorised officer for the purposes of this section.
3.74 Swimming Pools Act 1992 No 49
Section 35
Omit the section. Insert instead:
35 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount (not exceeding 5 penalty units) prescribed for the alleged offence by
the regulations.
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.75 Sydney Cricket and Sports Ground Act 1978 No 72
Section 30A
Omit the section. Insert instead:
30A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the by-laws that is
prescribed by the by-laws as a penalty notice offence.
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(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the by-laws (not exceeding the
maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised by the Trust for
the purposes of this section, a police officer or any other person of a class
prescribed by the by-laws.
3.76 Sydney Olympic Park Authority Act 2001 No 57
Section 79
Omit the section. Insert instead:
79 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against section 67, or an offence against
the regulations, being an offence that is prescribed by the regulations as a
penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Authority as an authorised officer for the purposes of this section.
3.77 Sydney Water Act 1994 No 88
Section 50
Omit the section. Insert instead:
50 Penalty notices
(1) An authorised person may issue a penalty notice to a person if it appears to the
authorised person that the person has committed a penalty notice offence.
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(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised person means a person appointed in writing by the
Minister as an authorised person for the purposes of this section.
3.78 Tow Truck Industry Act 1998 No 111
Section 89
Omit the section. Insert instead:
89 Penalty notices
(1) An authorised officer or a police officer may issue a penalty notice to a person
if it appears to the officer that the person has committed a penalty notice
offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.79 Unlawful Gambling Act 1998 No 113
Section 52
Omit the section. Insert instead:
52 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
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(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section:
authorised officer means, in relation to a particular offence, a person
belonging to a class of persons specified in the regulations in relation to that
offence.
3.80 Unlawful Gambling Regulation 2016
Clause 4 Penalty notice offences
Omit "section 52 (9)" from clause 4 (2). Insert instead "section 52 (6)".
3.81 Veterinary Practice Act 2003 No 87
Section 101
Omit the section. Insert instead:
101 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person authorised in writing by the
Board as an authorised officer for the purposes of this section or a police
officer.
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3.82 Water Industry Competition Act 2006 No 104
Section 82
Omit the section. Insert instead:
82 Penalty notices
(1) An authorised official may issue a penalty notice to a person if it appears to the
official that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised official means a person appointed in writing by the
Minister as an authorised official for the purposes of this section.
3.83 Water NSW Act 2014 No 74
Section 102
Omit the section. Insert instead:
102 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations, or an
offence against another Act or regulations under another Act (being an offence
committed within the Sydney catchment area), that is prescribed by the
regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
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3.84 Weapons Prohibition Act 1998 No 127
Section 42
Omit the section. Insert instead:
42 Penalty notices
(1) A police officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.85 Western Sydney Parklands Act 2006 No 92
Section 48
Omit the section. Insert instead:
48 Penalty notices
(1) A ranger may issue a penalty notice to a person if it appears to the ranger that
the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against the regulations that is prescribed
by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
3.86 Work Health and Safety Act 2011 No 10
Section 243
Omit the section. Insert instead:
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243 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that
is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
20% of the maximum amount of penalty that could be imposed for the offence
by a court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a member of staff of the regulator
authorised in writing by the regulator as an authorised officer for the purposes
of this section.
3.87 Workplace Injury Management and Workers Compensation Act 1998
No 86
Section 246
Omit the section. Insert instead:
246 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the 1987 Act (or the
regulations under those Acts) that is prescribed by the regulations as a penalty
notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations (not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court).
(5) This section does not limit the operation of any other provision of, or made
under, this or any other Act relating to proceedings that may be taken in
respect of offences.
(6) In this section, authorised officer means a person declared by the regulations
to be an authorised officer for the purposes of this section.
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
Schedule 4 Amendments consequent on administrative
arrangements orders and enactment of
Government Sector Employment Act 2013
Explanatory note.
The proposed amendments in this Schedule update terminology and references relating to Public
Service agencies, heads of agencies and Public Service employees as a consequence of the
Government Sector Employment Act 2013. The Schedule also includes other miscellaneous
amendments that are consequent on the enactment of that Act and the making of past administrative
changes orders.
4.1 Apprenticeship and Traineeship Act 2001 No 80
[1] Sections 4 (1), 59 (2) and 78 and clauses 2 and 5 of Schedule 1
Omit "Director-General" and "Director-General's" wherever occurring.
Insert instead "Secretary" and "Secretary's", respectively.
[2] Section 78 Delegation by Secretary
Omit "any public servant employed within the Department".
Insert instead "any person employed in the Department".
[3] Dictionary, definitions of "Department" and "Director-General"
Omit the definitions. Insert in alphabetical order:
Department means the Department of Industry.
Secretary means the Secretary of the Department.
4.2 Betting and Racing Act 1998 No 114
[1] Section 6 (2) (d)
Omit "Department of Gaming and Racing". Insert instead "Department of Industry".
[2] Sections 26G (1) and (2), 26GA and 26GB
Omit "Director-General of the Department of Gaming and Racing" wherever occurring.
Insert instead "Secretary of the Department of Industry".
[3] Section 26G (3)
Omit "Director-General". Insert instead "Secretary".
4.3 Boarding Houses Act 2012 No 74
[1] Whole Act (except Schedule 2 and where otherwise amended by this Subschedule)
Omit "Director-General" and "Director-General's" wherever occurring.
Insert instead "Secretary" and "Secretary's", respectively.
[2] Sections 4 (1) (paragraph (a) of definition of "Commissioner"), 7 (3), 15 (2) and 27 (2)
Omit "Department of Finance and Services" wherever occurring.
Insert instead "Department of Finance, Services and Innovation".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
[3] Section 4 (1), paragraph (b) of definition of "Commissioner"
Omit the paragraph. Insert instead:
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department of Finance, Services and Innovation.
[4] Section 4 (1), definition of "Director-General"
Omit the definition. Insert in alphabetical order:
Secretary means the Secretary of the Department of Family and Community
Services.
[5] Section 15 (2) and 85 (2)
Omit "officer or" wherever occurring.
4.4 Children (Education and Care Services National Law Application) Act
2010 No 104
[1] Section 5 (2) (d)
Omit the paragraph. Insert instead:
(d) the Government Sector Employment Act 2013.
[2] Sections 9 and 10 (2)
Omit "Director-General of the Department of Education and Communities" wherever
occurring.
Insert instead "Secretary of the Department of Education".
[3] Section 14
Omit "Public Sector Employment and Management Act 2002 and the regulations".
Insert instead "Government Sector Employment Act 2013 and the regulations and rules".
4.5 Community Land Management Act 1989 No 202
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director-General" wherever occurring. Insert instead "Secretary".
[2] Section 3 (1), definition of "Director-General"
Omit the definition. Insert in alphabetical order:
Secretary means:
(a) the Commissioner for Fair Trading, Department of Finance, Services
and Innovation, or
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department of Finance, Services and Innovation.
[3] Section 97E (2) (b) and (c)
Omit "Director-General of the Department of Fair Trading" wherever occurring.
Insert instead "Secretary of the Department of Finance, Services and Innovation".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
[4] Section 97E (3)
Omit "Director-General for payment into the Department of Fair Trading".
Insert instead "Secretary for payment into the Department of Finance, Services and
Innovation".
[5] Section 109D
Omit the section. Insert instead:
109D Staff
Persons may be employed under the Government Sector Employment Act 2013
to enable the Secretary to exercise the Secretary's functions under this Act.
[6] Section 109E
Omit "and subject to the provisions of the Public Sector Management Act 1988".
Insert instead "the Government Sector Employment Act 2013".
4.6 Criminal Appeal Act 1912 No 16
Section 4 (1)
Omit "under Chapter 2 of the Public Sector Employment and Management Act 2002".
Insert instead "in the Public Service under the Government Sector Employment Act 2013".
4.7 Defamation Act 2005 No 77
Schedule 1, clause 9 (1) (d)
Omit the paragraph. Insert instead:
(d) to a person employed in the Public Service under the Government
Sector Employment Act 2013 to assist in the execution or administration
of the Anti-Discrimination Act 1977, or
4.8 Destination NSW Act 2011 No 21
Section 7 (2) (d)
Omit "Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services or a person nominated by the Director-General".
Insert instead "Secretary of the Department of Industry or a person nominated by the
Secretary".
4.9 Education Act 1990 No 8
[1] Section 26C (1) (b)
Omit the paragraph. Insert instead:
(b) the Department,
[2] Section 26C (1) (f) and (g)
Omit section 26C (1) (f)-(h1). Insert instead:
(f) the Department of Family and Community Services,
(g) the Department of Justice,
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
[3] Section 26C (2) (c)
Omit the paragraph. Insert instead:
(c) the Department,
4.10 Electricity Supply Act 1995 No 94
[1] Schedule 6, clause 71A (7), definition of "Code for Safe Meter Installation" and
Dictionary (definition of "connection point")
Omit "Department of Industry, Skills and Regional Development" wherever occurring.
Insert instead "Department of Planning and Environment".
[2] Dictionary, definition of "Department"
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
4.11 Electricity Supply (Corrosion Protection) Regulation 2014
Clause 3 (1), definition of "Secretary"
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
4.12 Energy and Utilities Administration Act 1987 No 103
Section 3 (1), definition of "Department"
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
4.13 Explosives Regulation 2013
Clauses 6, 102 and 103 (1) (note)
Omit "Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services" wherever occurring.
Insert instead "Secretary of the Department of Planning and Environment".
4.14 Fines Act 1996 No 99
[1] Section 11 (8)
Omit "Department of Attorney General and Justice".
Insert instead "Department of Justice".
[2] Sections 19A (3) (paragraph (a) of definition of "guidelines") and 22 (2) (b) (i)
Omit "Department of Finance and Services" wherever occurring.
Insert instead "Department of Finance, Services and Innovation".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
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[3] Section 80 (4) (b)
Omit "Director-General of the Department of Juvenile Justice, whichever is appropriate,
and is to be kept by the Commissioner or Director-General".
Insert instead "Secretary of the Department of Justice, whichever is appropriate, and is to
be kept by the Commissioner or Secretary".
[4] Section 99A, paragraph (a) of definition of "approved organisation"
Omit the paragraph. Insert instead:
(a) the Secretary of the Department of Justice, or
[5] Section 99A, paragraph (b) of definition of "approved organisation"
Omit "Department of Attorney General and Justice to whom the Director-General".
Insert instead "Department of Justice to whom the Secretary".
[6] Section 101A (1) (a)
Omit the paragraph. Insert instead:
(a) the Secretary of the Department of Finance, Services and Innovation,
and
[7] Section 101A (1) (c)
Omit the paragraph. Insert instead:
(c) the Secretary of the Department of Justice.
4.15 Firearms Act 1996 No 46
[1] Section 6 (2) (b)
Omit "the Department of Corrective Services".
Insert instead "Corrective Services NSW, Department of Justice".
[2] Section 12, Table
Omit "of the National Parks and Wildlife Service, the Department of Lands" from the
matter relating to the genuine reason of recreational hunting/vermin control.
Insert instead "or employee of the National Parks and Wildlife Service, the Department of
Industry".
[3] Section 12, Table
Omit "Primary Industries" from the matter relating to the genuine reason of animal welfare.
Insert instead "Industry".
[4] Section 81 (3) (b)
Omit the paragraph. Insert instead:
(b) a Public Service employee, or
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.16 Gaming Machine Tax Act 2001 No 72
[1] Section 17A (2)
Omit "Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services".
Insert instead "Secretary of the Department of Industry".
[2] Section 19 (1) (c)
Omit "Director-General of the Department of Gaming and Racing (or a senior officer of the
Department appointed by the Director-General)".
Insert instead "Secretary of the Department of Industry (or a Public Service senior
executive employed in the Department appointed by the Secretary)".
[3] Section 19 (1) (d) and (2)
Omit "Gaming and" wherever occurring.
4.17 Gaming Machines Act 2001 No 127
[1] Section 48 (5)
Omit "the NSW Office of Liquor, Gaming and Racing, Department of Trade and
Investment, Regional Infrastructure and Services".
Insert instead "Liquor and Gaming NSW, Department of Industry".
[2] Section 204A (1)
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Industry".
4.18 Gas Supply Act 1996 No 38
Dictionary, definition of "Department"
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
4.19 Gas Supply (Safety and Network Management) Regulation 2013
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit "Director-General" and "Director-General's" wherever occurring.
Insert instead "Secretary" and "Secretary's", respectively.
[2] Clause 3 (1), definition of "Director-General"
Omit the definition. Insert in alphabetical order:
Secretary means the Secretary of the Department.
4.20 General Government Liability Management Fund Act 2002 No 60
Section 6 (2) (d)
Omit "Attorney General's Department". Insert instead "Department of Justice".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.21 Government Advertising Act 2011 No 35
Section 3 (1), definition of "Government agency"
Omit paragraph (a). Insert instead:
(a) a Public Service agency within the meaning of the Government Sector
Employment Act 2013, or
4.22 Health Administration Act 1982 No 135
[1] Section 8 (2) (g)
Omit "Government Department". Insert instead "Public Service agency".
[2] Section 13A (3A)
Omit the subsection. Insert instead:
(3A) For the purposes of section 60 (1) of the Government Sector Employment Act
2013, the Corporation is taken to be the statutory body in respect of which
persons are employed under Part 4 of that Act to enable a health professional
council referred to in Schedule 2A to exercise its functions. Accordingly, the
Corporation is authorised to pay out of an account under this section any
employment-related costs that the Corporation is directed to pay under
section 60 (1) of that Act.
[3] Section 20C (1) and Schedule 4, clause 10 (2)
Omit "officers" wherever occurring. Insert instead "employees".
4.23 Higher Education Act 2001 No 102
[1] Section 3 (1), definitions of "Department" and "Director-General"
Omit the definitions. Insert in alphabetical order:
Department means the Department of Education.
Secretary means the Secretary of the Department.
[2] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director-General" and "Director-General's" wherever occurring.
Insert instead "Secretary" and "Secretary's", respectively.
4.24 Home Building Act 1989 No 147
Sections 48D (1), 114 (1), 119 (b), 128 (1) (a) and 131
Omit "Office of Finance and Services" wherever occurring.
Insert instead "Department of Finance, Services and Innovation".
4.25 Mine and Petroleum Site Safety (Cost Recovery) Act 2005 No 116
Section 3 (1), definition of "Department"
Omit "Department of Industry, Skills and Regional Development".
Insert instead "Department of Planning and Environment".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.26 Mine Safety (Cost Recovery) Regulation 2013
Clause 4, note
Omit "Department of Trade and Investment, Regional Infrastructure and Services"
wherever occurring.
Insert instead "Department of Planning and Environment".
4.27 Mining Act 1992 No 29
Dictionary, definition of "Department"
Omit "Department of Industry, Skills and Regional Development".
Insert instead "Department of Planning and Environment".
4.28 Offshore Minerals Regulation 2013
[1] Clause 4 (a)
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
[2] Clause 4 (a)
Omit "another Division of the Government Service".
Insert instead "another Public Service agency (within the meaning of the Government
Sector Employment Act 2013)".
[3] Clause 5, definition of "delegate"
Omit the definition. Insert instead:
delegate means an employee or agent of the Department of Planning and
Environment who is authorised by the Secretary of that Department to conduct
a drawing of lots under this Part.
4.29 Parents and Citizens Associations Incorporation Act 1976 No 50
Section 3 (1), definition of "Department"
Omit "and Communities".
4.30 Parliamentary Remuneration Act 1989 No 160
Section 6B (5)
Omit "member of the Government Service (other than a benefit that is only available to
executive officers within the meaning of Part 3.1 of the Public Sector Employment and
Management Act 2002)".
Insert instead "Public Service employee (other than a benefit that is only available to Public
Service senior executives within the meaning of the Government Sector Employment Act
2013)".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.31 Partnership Act 1892 No 12
[1] Section 49, paragraph (a) of definition of "Registrar"
Omit "Department of Finance and Services".
Insert instead "Department of Finance, Services and Innovation".
[2] Section 49, paragraph (b) of definition of "Registrar"
Omit the paragraph. Insert instead:
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department of Finance, Services and Innovation.
4.32 Petroleum (Onshore) Act 1991 No 84
Section 3 (1), definition of "Department"
Omit "Department of Industry, Skills and Regional Development".
Insert instead "Department of Planning and Environment".
4.33 Pipelines Act 1967 No 90
[1] Section 3 (1), definition of "Department"
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
[2] Section 4 (4), paragraph (a) of the definition of "authorised person"
Omit "member of staff of a Department of the Public Service".
Insert instead "Public Service employee".
4.34 Plumbing and Drainage Act 2011 No 59
[1] Section 3 (1), paragraph (a) of definition of "plumbing regulator"
Omit "Department of Finance and Services".
Insert instead "Department of Finance, Services and Innovation".
[2] Section 3 (1), paragraph (b) of definition of "plumbing regulator"
Omit the paragraph. Insert instead:
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department of Finance, Services and Innovation.
4.35 Public Works and Procurement Act 1912 No 45
[1] Section 165 (1) (a) and (2)
Omit "and Services" wherever occurring. Insert instead ", Services and Innovation".
[2] Section 165 (1) (b)
Omit "Departments" wherever occurring. Insert instead "agencies".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.36 Radiation Control Act 1990 No 13
Section 5A (2) and (2A) (a)
Omit "Department of Industry, Skills and Regional Development" wherever occurring.
Insert instead "Department of Planning and Environment".
4.37 Radiation Control Regulation 2013
Clause 47 Exercise of certain functions by Secretary of Department of Planning and
Environment
Omit "Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services" wherever occurring in clause 47 (3) and (4).
Insert instead "Secretary of the Department of Planning and Environment".
4.38 Real Property Act 1900 No 25
[1] Section 3 (1) (a), definition of "Department"
Omit "Land and Property Management Authority".
Insert instead "Department of Finance, Services and Innovation".
[2] Sections 13F (1) (c) and 13KA (1) (c)
Omit "Department of Industry and Investment" wherever occurring.
Insert instead "Department of Industry".
4.39 Registered Clubs Act 1976 No 31
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director-General" and "Director-General's" wherever occurring.
Insert instead "Secretary" and "Secretary's" respectively.
[2] Section 4 (1), definition of "Director-General"
Omit the definition. Insert in alphabetical order:
Secretary means the Secretary of the Department of Industry.
4.40 Residential (Land Lease) Communities Act 2013 No 97
[1] Sections 4 (1), paragraph (a) of definition of "Commissioner", and 20 (2)
Omit "Department of Finance and Services" wherever occurring.
Insert instead "Department of Finance, Services and Innovation".
[2] Section 4 (1), paragraph (b) of definition of "Commissioner"
Omit the paragraph. Insert instead:
(b) if there is no person employed as Commissioner for Fair Trading--the
Secretary of the Department of Finance, Services and Innovation.
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.41 Roads Act 1993 No 33
Section 149 (2) and (3)
Omit "Director of Planning" wherever occurring.
Insert instead "Secretary of the Department of Planning and Environment".
4.42 Service NSW (One-stop Access to Government Services) Act 2013
No 39
Section 3 (1), definition of "Government agency"
Omit paragraph (b). Insert instead:
(b) a Public Service agency within the meaning of the Government Sector
Employment Act 2013, or
4.43 Sheriff Act 2005 No 6
[1] Section 3 (1), definitions of "Sheriff" and "sheriff's officer"
Omit the definitions. Insert in alphabetical order:
Sheriff means the person employed in the Public Service as Sheriff.
sheriff's officer means a person employed in the Public Service as a sheriff's
officer.
[2] Section 3 (1), definition of "Sheriff's alternate"
Omit "Director-General of the Attorney General's Department".
Insert instead "Secretary of the Department of Justice".
[3] Section 5 (b)
Omit the paragraph. Insert instead:
(b) to any person employed in the Department of Justice, or
[4] Section 12, including the note
Omit "Director-General" and "Department of Finance and Services" wherever occurring.
Insert instead "Secretary" and "Department of Finance, Services and Innovation",
respectively.
4.44 Supreme Court Act 1970 No 52
[1] Section 113
Omit "Public Sector Employment and Management Act 2002" wherever occurring.
Insert instead "Government Sector Employment Act 2013".
[2] Section 113 (2)
Omit "an officer". Insert instead "a Public Service employee".
[3] Section 120
Omit "under Chapter 2 of the Public Sector Employment and Management Act 2002".
Insert instead "in the Public Service under the Government Sector Employment Act 2013".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
[4] Section 120A (4), definition of "court officer"
Omit "a member of staff of the Attorney General's Department" from paragraph (b).
Insert instead "an employee of the Department of Justice who is".
4.45 Taxation Administration Act 1996 No 97
[1] Section 65
Omit "appointed under Part 2 of the Public Sector Management Act 1988".
Insert instead "employed under the Government Sector Employment Act 2013".
[2] Section 82 (k) (vi)
Omit "a member of the Public Service". Insert instead "a Public Service employee".
[3] Section 82 (k) (ix)
Omit "the Head of a Department of the Public Service".
Insert instead "the head of a Public Service agency within the meaning of the Government
Sector Employment Act 2013".
[4] Section 82 (k) (xi) and (xia)
Omit the subparagraphs. Insert instead:
(xi) the Secretary of the Department of Education,
(xia) the Secretary of the Department of Industry,
[5] Section 82 (k) (xiii)
Omit "Director-General". Insert instead "Secretary".
4.46 Teaching Service Act 1980 No 23
[1] Section 4 (1), definition of "Department"
Omit "and Training".
[2] Section 79 (2)
Omit "Schedule 3A to the Public Sector Employment and Management Act 2002" wherever
occurring.
Insert instead "Schedule 2 to the Government Sector Employment Regulation 2014".
4.47 Technical and Further Education Commission Act 1990 No 118
[1] Section 8 (3) and (4) (a1)
Omit "public servant employed in the Department of Education and Training" wherever
occurring.
Insert instead "person employed in the Department of Industry".
[2] Section 11 (2) (b)
Omit "a senior public servant employed in the Department of Education and Training".
Insert instead "a Public Service senior executive employed in the Department of Industry".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
[3] Section 11 (2) (e)
Omit "Minister for School Education and Youth Affairs".
Insert instead "Minister for Education".
[4] Section 11 (3)
Omit "the senior public servant employed in the Department of Education and Training".
Insert instead "the Public Service senior executive employed in the Department of
Industry".
4.48 Technical Education Trust Funds Act 1967 No 95
Sections 6B (1) (b) and (2), 6C (2) and (3) and 6E
Omit "Director-General of the Department of Education and Training" wherever occurring.
Insert instead "Secretary of the Department of Industry".
4.49 Totalizator Act 1997 No 45
Section 70B (6)
Omit "Department of Justice". Insert instead "Department of Industry".
4.50 Vocational Education and Training (Commonwealth Powers) Act 2010
No 131
[1] Schedule 3, clause 5
Omit "The Director-General of the Department of Education and Training".
Insert instead "The Secretary of the Department of Industry".
[2] Schedule 3, clause 5
Omit "the Director-General" and "the Director-General's" wherever occurring.
Insert instead "the Secretary" and "the Secretary's", respectively.
4.51 Waste Recycling and Processing Corporation (Authorised
Transaction) Act 2010 No 8
[1] Sections 7, 16 (2) and 20 (2) and clauses 3 (3) and 5 (2) and (3) of Schedule 5
Omit "Minister for Finance and Services" wherever occurring.
Insert instead "Minister for Finance, Services and Property".
[2] Section 20 (2)
Omit "Director-General of the Department of Finance and Services".
Insert instead "Secretary of the Department of Finance, Services and Innovation".
4.52 Work Health and Safety Act 2011 No 10
Section 4, paragraph (b) of definition of "member of staff"
Omit "Department of Industry, Skills and Regional Development".
Insert instead "Department of Planning and Environment".
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Schedule 4 Amendments consequent on administrative arrangements orders and enactment of
Government Sector Employment Act 2013
4.53 Work Health and Safety (Mines and Petroleum Sites) Act 2013 No 54
Section 5 (1), definition of "Department"
Omit "Department of Industry, Skills and Regional Development".
Insert instead "Department of Planning and Environment".
4.54 Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
Schedule 10, clause 13 (2)
Omit "Department of Trade and Investment, Regional Infrastructure and Services".
Insert instead "Department of Planning and Environment".
Page 91
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 5 Repeals
Schedule 5 Repeals
1 Repeal of redundant Act and provisions
The following Act and provisions of an Act or instrument are repealed:
Act or instrument Provisions repealed
Independent Pricing and Regulatory Tribunal Act 1992 Sections 11 (3) and 15 (4)
No 39
Passenger Transport Regulation 2014 Clauses 5 and 6 (2)
Statute Law (Miscellaneous Provisions) Act (No 2) Whole Act
2016 No 55
2 Repeal of amending Act and provisions that have commenced
The following Act or provisions of an Act are repealed:
Act Provisions repealed
Marine Safety Act 1998 No 121 Schedule 2
Water Management Amendment Act 2008 No 73 Whole Act
3 Repeal of amending provisions that have been superseded
The following provisions of Acts are repealed:
Act Provisions repealed
Fisheries Management Amendment Act 2015 No 59 Schedule 2
Law Enforcement Conduct Commission Act 2016 Schedule 6.23
No 61
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Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 6 General savings, transitional and other provisions
Schedule 6 General savings, transitional and other
provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1, 2, 3 or 4 to an amending provision contained in
an Act or instrument is, if the amending provision has commenced before the
Schedule 1, 2, 3 or 4 amendment concerned, taken to have effect as from the
commencement of the amending provision (whether or not the amending provision
has been repealed).
(2) In this clause:
amending provision means a provision of an Act or instrument that makes a direct
amendment to an Act or instrument by:
(a) the repeal or omission of matter contained in the amended Act or instrument
without the insertion of any matter instead of the repealed or omitted matter, or
(b) the omission of matter contained in the amended Act or instrument and the
insertion of matter instead of the omitted matter, or
(c) the insertion into the amended Act or instrument of matter, not being matter
inserted instead of matter omitted from the Act or instrument.
Explanatory note
This clause ensures that an amendment made by the proposed Act to a repealing or amending
provision of an Act or instrument will (if the repealing or amending provision commences before the
amendment made by the proposed Act) be taken to have commenced on the date the repealing or
amending provision commences.
2 Effect of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act or an instrument, or
(b) repeals and re-enacts (with or without modification) a provision of an Act or
an instrument,
any act done or decision made under the provision amended or repealed has effect
after the amendment or repeal as if it had been done or made under the provision as
so amended or repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided,
vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Effect of amendment on instruments
Except where expressly provided to the contrary, any instrument made under an Act
amended by this Act, that is in force immediately before the commencement of the
amendment, is taken to have been made under the Act as amended.
Explanatory note
This clause ensures that, unless expressly provided, any instrument that is in force and made under
a provision of an Act that is amended or substituted by the proposed Act will be taken to have been
made under the Act as amended.
4 Revocation of repeal
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or
instruments, or provisions of Acts or instruments, by this Act.
Explanatory note
The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal of any Act
or instrument, or any provision of any Act or instrument, by the proposed Act. The Act or provision the
subject of the revocation of repeal is taken not to be, and never to have been, repealed.
Page 93
Statute Law (Miscellaneous Provisions) Bill 2017 [NSW]
Schedule 6 General savings, transitional and other provisions
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of
assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than
the date of its publication on the NSW legislation website, the provision does not
operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the date of its
publication, or
(b) to impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the date of its
publication.
Explanatory note
This clause enables the making of regulations of a savings or transitional nature relating to incidental
matters arising out of the proposed Act.
Page 94
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