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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 2020
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--miscellaneous
amendments 28
Schedule 3 Amendments consequent on administrative changes 39
Schedule 4 Amendments consequent on dissolution of RMS 48
Schedule 5 Repeals 79
Schedule 6 General savings, transitional and other provisions 80
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, , 2020
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2020
Act No , 2020
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 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 2020.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.
(2) The amendments made by Schedules 1 and 2 to this Act commence on the day or
days specified in the relevant Schedule in relation to the amendment concerned.
(3) However, if a commencement day is not specified in Schedule 1 or 2 in relation to an
amendment in the Schedule concerned, the amendment commences on 11 December
2020.
(4) The amendments made by Schedule 4 commence on 22 January 2021.
3 Explanatory notes
The matter appearing under the heading "Explanatory note" in any of the Schedules
to this Act does not form part of this Act.
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Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Animal Research Act 1985 No 123
Section 61
Omit the section. Insert instead--
61 Service of notices
A notice that the Secretary is required or permitted by or under this Act to
cause to be served on a person may be served in the following ways--
(a) personally,
(b) by means of a letter addressed to the person at the person's address last
known to the Secretary,
(c) by email to an email address specified by the person for the service of
notices of that kind.
Explanatory note
The proposed amendment enables the service of notices on persons to be effected by email.
1.2 Annual Holidays Act 1944 No 31
Section 14A Annual holidays for local council workers
Omit section 14A(1)(a). Insert instead--
(a) applies to a worker who is an employee of any of the following under
the Local Government Act 1993--
(i) a council,
(ii) a county council,
(iii) a joint organisation, and
Explanatory note
The proposed amendment extends section 14A of the Annual Holidays Act 1944 (which allows a local
council and an employee of the local council to agree to the employee receiving a payment in lieu of
annual holidays, or taking annual holidays at double or half pay) to county councils and joint
organisations and their employees. Treating employee leave entitlements consistently across these
entities recognises that county councils and joint organisations are created to allow councils to work
together to deliver services and that employees often transfer between these entities.
1.3 Anzac Memorial (Building) Act 1923 No 27
Section 3C Australian Defence Force representative
Insert after section 3C(3)--
(3A) If, during the Australian Defence Force representative's term of office as a
trustee, the person appointed as the representative ceases to hold a position
mentioned in subsection (2) but continues to hold a position in the Australian
Defence Force of the same or equivalent, or higher, rank--
(a) the person's appointment as Australian Defence Force representative
and as a trustee continues in effect, but
(b) the person is not eligible for re-appointment unless the person returns to
a position mentioned in subsection (2).
Explanatory note
The proposed amendment makes it clear that the appointment of a person as the Australian Defence
Force representative and as a trustee for the purposes of the Anzac Memorial (Building) Act 1923 is
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Schedule 1 Minor amendments
not affected by a change in the position held by the person during the person's term of office as a
trustee.
1.4 Associations Incorporation Act 2009 No 7
Sections 11(6)(b), 61A(3)(b), 74(4)(b), 76(5)(b) and 80(4)(b)
Insert ", or related to," after "used by" wherever occurring.
Explanatory note
The proposed amendment enables the Secretary to send notice of the following to an address or
email address related to an association if the Secretary suspects that the association's official
address is no longer in use--
(a) a proposed certificate to wind up the association,
(b) a proposed cancellation of the association's registration,
(c) the cancellation of the association's registration as a consequence of the transfer of its
incorporation to a corresponding law.
It may be necessary to send notice to a related address or email address if the association is not in
operation and does not have an address or email address in use.
1.5 Better Regulation Legislation Amendment Act 2019 No 23
Schedule 1 Amendments
Omit paragraph (a) of the definition of competent person in Schedule 1.10[9].
Insert instead--
(a) a registered health practitioner within the meaning of the Health
Practitioner Regulation National Law (NSW), but only if the health
practitioner is registered under Division 1 or 2 of Part 7 of that Law,
Explanatory note
The proposed amendment will provide that a person is a competent person for the purposes making
a declaration relating to a domestic violence termination notice under Division 3A of Part 5 of the
Residential Tenancies Act 2010 if the person is a registered health practitioner, within the meaning of
the Health Practitioner Regulation National Law (NSW), but only if the health practitioner is registered
under Division 1 or 2 of Part 7 of that Law.
1.6 Building and Construction Industry Security of Payment Act 1999 No
46
[1] Section 11 Due date for payment
Insert "(other than an exempt residential construction contract)" after "construction
contract" in section 11(1A).
[2] Section 35 Regulations
Insert at the end of section 35(4)(b)--
, and
(c) apply, adopt or incorporate any publication as in force at a particular
time or as in force from time to time.
Commencement
Item [1] of the proposed amendments to the Building and Construction Industry Security of Payment
Act 1999 commences on 1 March 2021.
Explanatory note
Item [1] of the proposed amendments makes it clear that the requirement for a progress payment
under a construction contract, which is required to be paid by a principal to a head contractor no later
than 15 business days after a payment claim is made, does not apply to an exempt residential
construction contract.
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Schedule 1 Minor amendments
Item [2] enables the regulations to apply, adopt or incorporate any publication as in force at a
particular time or as in force from time to time. This allows for updates to the Continuing Professional
Development Guidelines for Adjudicators (CPD Guidelines) and ensures that continuing professional
development requirements, as informed by the CPD Guidelines, remain relevant for adjudicators.
1.7 Centennial Park and Moore Park Trust Act 1983 No 145
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director" and "Director's" wherever occurring.
Insert instead "Chief Executive" and "Chief Executive's", respectively.
[2] Section 4 Definitions
Omit the definition of Director from section 4(1). Insert instead--
Chief Executive means the person employed in the Public Service who is
assigned to the role of Chief Executive of the Centennial Park and Moore Park
Trust.
[3] Schedule 2 Transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Statute
Law (Miscellaneous Provisions) Act 2020
References to Director to be construed as Chief Executive
(1) In any document, a reference to the Director of Centennial Park and Moore
Park is to be construed as a reference to the Chief Executive of the Centennial
Park and Moore Park Trust.
(2) In this clause--
document means any Act or statutory or other instrument, or any contract or
agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the
"Director" with a definition of, and references to, the "Chief Executive", which reflects the new title of
that position with the Centennial Park and Moore Park Trust.
Item [3] makes a consequential amendment.
1.8 Centennial Park and Moore Park Trust Regulation 2014
[1] Whole Regulation
Omit "Director" and "Director's" wherever occurring.
Insert instead "Chief Executive" and "Chief Executive's", respectively.
Explanatory note
Item [1] of the proposed amendments replaces references to "Director" with "Chief Executive", which
reflects the new title of that position with the Centennial Park and Moore Park Trust.
1.9 Children's Guardian Act 2019 No 25
[1] Section 18 Meaning of "reportable allegation"
Insert after section 18(2)--
(2A) Reportable allegation, in relation to an employee of a religious body, means
an allegation that the employee has engaged in conduct that may be reportable
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Schedule 1 Minor amendments
conduct, whether or not the conduct is alleged to have occurred in the course
of the employee's engagement with the religious body.
[2] Section 19 Meaning of "reportable conviction"
Insert at the end of section 19(1)(b)(ii)--
, or
(c) in relation to an employee of a religious body--whether or not the
conduct occurred in the course of the employee's engagement with the
religious body.
[3] Schedule 4 Savings, transitional and other provisions
Omit "1 March 2021" from clause 2(3). Insert instead "1 September 2021".
Explanatory note
Items [1] and [2] of the proposed amendments transfer the definitions of reportable allegation and
reportable conviction in relation to employees of religious bodies for the purposes of the reportable
conduct scheme from the Children's Guardian (Transitional) Regulation 2020 to the Children's
Guardian Act 2019. The transitional provision is omitted by Schedule 1.10 to this Act.
Item [3] extends a transitional arrangement that provides for certain provisions of regulations made
under the Adoption Act 2000, the Children and Young Persons (Care and Protection) Act 1998, the
Community Services (Complaints, Reviews and Monitoring) Act 1993 and the Ombudsman Act 1974
to continue in force despite the commencement of the Children's Guardian Act 2019 or a regulation
under that Act. The provisions of the regulations are to be read as regulations made under the
Children's Guardian Act 2019, with the necessary modifications.
1.10 Children's Guardian (Transitional) Regulation 2020
Clause 8 Definitions relating to religious bodies
Omit the clause.
Explanatory note
The proposed amendment omits a transitional provision that extends the definitions of "reportable
allegation" and "reportable conviction" to employees of religious bodies for the purposes of the
reportable conduct scheme. The definitions are transferred to the Children's Guardian Act 2019 by
Schedule 1.9 to this Act.
1.11 Contaminated Land Management Act 1997 No 140
[1] Section 92A Penalty notices
Omit "serve a penalty notice on" from section 92A(1).
Insert instead "issue a penalty notice to".
[2] Section 92A(2) and (3)
Omit section 92A(2)-(5). Insert instead--
(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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Schedule 1 Minor amendments
[3] Section 92A(5A)
Omit "Despite subsection (4), an". Insert instead "An".
[4] Section 92A(5A) and (5B)
Omit "served" wherever occurring. Insert instead "issued".
[5] Section 92A(5B)(c)
Omit "on whom". Insert instead "to whom".
[6] Section 92A(6), (7) and (9)
Omit the subsections.
Explanatory note
Item [2] of the proposed amendments updates a penalty notice provision to make it consistent with
similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by
the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the
Contaminated Land Management Act 1997.
Items [1], [4] and [5] update terminology. Item [6] removes provisions that are no longer necessary
because of the application of the Fines Act 1996 to penalty notices issued under the Contaminated
Land Management Act 1997. Item [3] makes a consequential amendment.
1.12 Co-operatives (Adoption of National Law) Act 2012 No 29
Section 25
Insert after section 24--
25 Investigators under Fair Trading Act 1987 taken to be inspectors
A person appointed as an investigator under section 18 of the Fair Trading Act
1987 is taken to have been appointed as an inspector under section 492 of the
Co-operatives National Law (NSW).
Explanatory note
The proposed amendment provides that an investigator appointed under section 18 of the Fair
Trading Act 1987 is taken to have been appointed as an inspector for the purposes of the
Co-operatives National Law (NSW).
1.13 Education Act 1990 No 8
[1] Section 83B Financial and other assistance in respect of non-government school
children
Omit section 83B(6). Insert instead--
(6) Any financial assistance in respect of non-government school children may be
paid--
(a) directly to the school that the children attend, or
(b) to any of the following for the benefit of that school--
(i) a system of non-government schools,
(ii) an approved system authority within the meaning of the
Australian Education Act 2013 of the Commonwealth,
(iii) a person or body approved by the Minister for the purposes of this
section.
[2] Section 83J Recovery of amounts from schools
Omit "and any system of non-government schools" from section 83J(4).
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Schedule 1 Minor amendments
Insert instead "and any system, authority, person or body referred to in section 83B(6)(b)".
Explanatory note
Item [1] of the proposed amendments provides that financial assistance for non-government school
children may be paid to an approved system authority, within the meaning of the Australian Education
Act 2013 of the Commonwealth, or to a person or body approved by the Minister for Education and
Early Childhood Learning for the purposes of the provision, as alternatives to paying the assistance
directly to the school or to a system of non-government schools, as is currently the case.
Item [2] is a consequential amendment to allow the Minister to recover financial assistance paid to or
for the benefit of a non-compliant school from an approved system authority, person or body.
1.14 Electoral Funding Act 2018 No 20
Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule--
Part 4 Provision consequent on postponement of
September 2020 local government elections
20 COVID-19 postponed local government elections
To avoid doubt, for the purposes of sections 28 and 31A of this Act, the local
government elections to be held on 4 September 2021 are taken to be ordinary
elections of councillors under section 287(1) of the Local Government Act
1993.
Explanatory note
The proposed amendment to the Electoral Funding Act 2018 makes it clear that the September 2021
local government elections, being the elections postponed from September 2020 under Part 6A of
Chapter 10 of the Local Government Act 1993, are ordinary elections of councillors subject to the
provisions of the Electoral Funding Act 2018 relating to caps on electoral expenditure for local
government election campaigns.
1.15 Exhibited Animals Protection Act 1986 No 123
[1] Section 5 Definitions
Omit the definition of licensing standard from section 5(1).
[2] Section 24 Certain animals may be displayed only with permit
Omit "that animal". Insert instead "animals of that species".
[3] Section 25 Issue of permits
Omit "an animal" and "the animal" from section 25(1).
Insert instead "animals" and "animals of that species", respectively.
[4] Section 25(3)
Omit "the animal or animals specified or described in the permit".
Insert instead "an animal or animals of the species specified in the permit".
[5] Schedule 3, heading
Omit the heading. Insert instead--
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Schedule 1 Minor amendments
Schedule 3 Standards
Explanatory note
Item [1] of the proposed amendments makes it clear that standards may be prescribed in respect of
animal display establishments of any class and not only those animal display establishments of a
class that is required to be licensed.
Items [2]-[4] clarify that a permit for the exhibition of animals authorises a person to exhibit 1 or more
animals of a particular species.
Item [5] reflects that standards may also be prescribed in respect of matters other than licensing.
1.16 Fair Trading Act 1987 No 68
Section 19 Powers of entry
Insert "the investigator believes, on reasonable grounds," before "do not comply with a
safety standard" in section 19(3)(c1)(i).
Explanatory note
The proposed amendment makes it clear that an investigator may seize, detain or remove consumer
goods if the investigator believes, on reasonable grounds, that the goods do not comply with a safety
standard.
1.17 Fisheries Management Act 1994 No 38
[1] Section 40 Regulations relating to general management of fisheries
Insert after section 40(2)(k)--
(k1) the gathering or collection of marine vegetation, including the
prohibition of the gathering or collection of marine vegetation for
commercial purposes except under the authority of a permit,
[2] Section 191 Regulations
Omit section 191(c).
[3] Section 204B Marine vegetation protected from any commercial harvesting
Omit "191" from the note to the section. Insert instead "40(2)(k1)".
[4] Section 205 Marine vegetation--regulation of harm
Insert after section 205(2)--
(3) In this section--
mangrove includes any of the following species of vegetation--
(a) Acrostichum speciosum (Mangrove Fern),
(b) Aegiceras corniculatum (River Mangrove),
(c) Avicennia marina (Grey Mangrove),
(d) Bruguiera gymnorhiza (Large Leaf Mangrove),
(e) Excoecaria agallocha (Milky Mangrove),
(f) Rhizophora stylosa (Stilted Mangrove).
seagrass includes any of the following species of vegetation--
(a) Halodule uninervis (Halodule),
(b) Halodule tridentate (Halodule),
(c) Ruppia maritime (Ruppia),
(d) Ruppia megacarpa (Ruppia),
(e) Ruppia polycarpa (Ruppia),
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Schedule 1 Minor amendments
(f) Halophila ovalis (Paddle Weed),
(g) Halophila decipiens (Paddle Weed),
(h) Halophila spinulosa (Paddle Weed),
(i) Hetrozostera nigricaulis (Eel Grass),
(j) Posidonia australis (Strap Weed),
(k) Zostera capricorni (Eel Grass),
(l) Zostera muelleri subsp. capricorni (Eel Grass),
(m) Zostera muelleri subsp. muelleri (Eel Grass).
Explanatory note
Items [1] and [2] relocate the regulation-making power relating to the gathering or collection of marine
vegetation, which is not an aquaculture related activity, from the part of the Fisheries Management
Act 1994 relating to aquaculture management to the part relating to general fisheries management.
Item [3] makes a consequential amendment.
Item [4] defines particular species of mangroves and seagrasses that a person must not harm in a
protected area without a permit.
1.18 Fisheries Management (Aquaculture) Regulation 2017
[1] Clause 63 Permit required to gather marine vegetation for commercial purposes
Omit the clause.
[2] Schedule 3 Fees, charges and contributions
Omit item 26.
Explanatory note
The proposed amendments are consequent on a proposed amendment to the Fisheries Management
Act 1994 in Schedule 1.17 to this Act that relocates the regulation-making power relating to the
gathering or collection of marine vegetation within that Act.
1.19 Fisheries Management (General) Regulation 2019
[1] Clause 98A
Insert after clause 98--
98A Permit required to gather marine vegetation for commercial purposes
(1) A person must not gather marine vegetation for a commercial purpose from
any area of public water land except under the authority of a permit issued by
the Minister under this clause.
Maximum penalty--50 penalty units.
(2) A permit applies to the gathering of marine vegetation only in the area
specified in the permit.
(3) A permit is not required for the gathering of marine vegetation in accordance
with an aquaculture permit or a permit under Part 7 of the Act.
(4) A permit may apply to marine vegetation generally or to a particular class of
marine vegetation specified in the permit.
(5) An application for a permit, or the renewal of a permit, is to be made in writing
to the Minister in the form approved by the Minister and must be accompanied
by the fee specified in Schedule 6.
(6) If a person duly makes an application for a permit, the Minister may issue, or
may refuse to issue, a permit.
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Schedule 1 Minor amendments
(7) A permit remains in force, unless sooner cancelled or suspended by the
Minister, until the expiration of the period specified in the permit.
(8) A permit is subject to the following conditions and any further conditions
attached to the permit by the Minister--
(a) marine vegetation must not be gathered from any area if commercial
fishing is taking place in the area unless, at the time the commercial
fishing commenced in that area, marine vegetation was being gathered
from the area in accordance with the permit,
(b) marine vegetation must not be gathered from any land that is held under
any title granted by the Crown,
(c) marine vegetation must not be gathered from any marked navigation
channel,
(d) marine vegetation must not be gathered from any area in which a public
work is being carried out.
(9) The Minister may, from time to time, by notice given to the permit holder, vary
the further conditions of a permit.
(10) Any permit issued under clause 63 of the Fisheries Management
(Aquaculture) Regulation 2017 and in force immediately before the
commencement of this clause is taken to have been issued under this clause.
(11) In this clause, gather includes collect.
[2] Schedule 6 Fees
Insert after item 7--
7A Application for permit or renewal of permit to $189
gather marine vegetation for commercial purposes
(clause 98A(5))
Explanatory note
The proposed amendments are consequent on proposed amendments to the Fisheries Management
Act 1994 in Schedule 1.17 to this Act that relocate the regulation-making power relating to the
gathering or collection of marine vegetation within that Act. The provisions inserted by the
amendments are currently located in the Fisheries Management (Aquaculture) Regulation 2017.
1.20 Government Sector Employment Act 2013 No 40
Schedule 1 Public Service agencies
Omit "Western City and Aerotropolis Authority" wherever occurring in Part 2.
Insert instead "Western Parkland City Authority".
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
1.21 Growth Centres (Development Corporations) Act 1974 No 49
Section 3A Special provisions relating to Infrastructure NSW
Omit section 3A(2). Insert instead--
(2) The growth centre in respect of which Infrastructure NSW is taken to be
constituted for the purposes of the relevant provisions is the following land--
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 1 Minor amendments
(a) the land identified as a potential urban renewal precinct on the State
Environmental Planning Policy (Urban Renewal) 2010 Granville
Potential Precinct Map under State Environmental Planning Policy
(Urban Renewal) 2010 as in force immediately before 1 July 2019,
(b) the land identified by yellow shading on the map entitled "Cooks Cove
growth centre", dated 1 September 2020 and published on
Infrastructure NSW's website,
(c) the land outlined in red on the map entitled "The Bays Growth Centre",
dated 1 September 2020 and published on Infrastructure NSW's
website.
Note. The UrbanGrowth NSW Development Corporation was the development
corporation for the land specified by this subsection immediately before its dissolution
by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019.
Explanatory note
The proposed amendment updates references to the lands for which Infrastructure NSW is able to
exercise functions as a development corporation. Infrastructure NSW is taken to be a development
corporation for growth centres that were previously administered by the UrbanGrowth NSW
Development Corporation before its dissolution.
1.22 Health Administration Act 1982 No 135
[1] Section 21 Delegation
Omit section 21(12)(a).
[2] Section 23 Specially privileged information
Omit "(1) or" from section 23(1).
Explanatory note
Item [1] of the proposed amendments will enable the Minister for Health and Medical Research to
delegate the power to give an approval for the disclosure of information obtained in connection with
the conduct of research or investigations into morbidity or mortality occurring within New South Wales.
Item [2] omits a reference to a repealed provision.
1.23 Hemp Industry Act 2008 No 58
[1] Section 42 Service of documents
Omit section 42(1)(a)(iii). Insert instead--
(iii) sending it by email to an email address specified by the person for
the service of documents of that kind, or
[2] Section 42(1)(b)(ii)
Omit the subparagraph. Insert instead--
(ii) sending it by email to an email address specified by the body
corporate for the service of documents of that kind.
Explanatory note
The proposed amendments enable the service of documents on persons, including bodies corporate,
to be effected by email.
1.24 Heritage Act 1977 No 136
[1] Section 62, heading
Omit the heading. Insert instead--
62 Process for determination of application
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Schedule 1 Minor amendments
[2] Section 62(2)
Insert at the end of the section--
(2) The regulations may make further provision with respect to the process for
determining an application.
[3] Section 65 Effect of failure to make determination
Insert after section 65(3)--
(4) The regulations may prescribe periods of time that are not to be taken into
account in calculating the expiration of the periods referred to in subsection (1)
in circumstances where the approval body has requested the applicant to
provide it with additional information relating to the application.
Explanatory note
Item [2] of the proposed amendments enables the regulations to expand on the process for
determining applications including, for example, by allowing the approval body to ask the applicant for
more information about the application to help it make a determination. Item [1] makes a
consequential amendment.
Item [3] enables regulations to be made to provide that, if the approval body has asked an applicant
to provide more information, the passage of the 40- or 60-day period in which a determination must
be made may be suspended for a prescribed period.
1.25 Independent Commission Against Corruption Regulation 2017
Appendix NSW Ministerial Code of Conduct
Insert after Part 3 in the Schedule to the NSW Ministerial Code of Conduct--
Part 3A Commissions from property developers
Note-- This Part also applies to Parliamentary Secretaries, and a reference to a Minister in this Part
includes a reference to a Parliamentary Secretary.
16A Commissions from property developers
(1) A Minister must not accept or seek payment of a commission from a property
developer, either directly or through a third party.
(2) In this clause--
property developer means a property developer within the meaning of Part 2,
Division 7 of the Electoral Funding Act 2018.
1.26 Local Land Services Act 2013 No 51
[1] Section 209 Service of documents
Omit section 209(2)(a)(iii). Insert instead--
(iii) sending it by email to an email address specified by the person for
the service of documents of that kind, or
[2] Section 209(2)(b)(ii)
Omit the subparagraph. Insert instead--
(ii) sending it by email to an email address specified by the body
corporate for the service of documents of that kind.
[3] Schedule 5A Allowable activities clearing of native vegetation
Omit "Chief Environmental Regulator of the" from clause 17(3)(b).
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Schedule 1 Minor amendments
Explanatory note
Items [1] and [2] enable the service of documents on persons (including bodies corporate) to be
effected by email.
Item [3] removes a redundant reference to the Chief Environmental Regulator, which no longer exists.
1.27 Marine Estate Management Act 2014 No 72
[1] Section 7 Establishment of Marine Estate Management Authority
Omit section 7(2)(c) and (d). Insert instead--
(c) a Public Service senior executive principally involved in the
administration of the Biodiversity Conservation Act 2016 and who is
designated by the Secretary of the Department of Planning, Industry and
Environment, and
(d) a Public Service senior executive principally involved in the
administration of the Environmental Planning and Assessment Act 1979
and who is designated by the Secretary of the Department of Planning,
Industry and Environment, and
[2] Section 7(4)
Insert after section 7(3)--
(4) For the purposes of this clause--
Public Service senior executive has the meaning given by the Government
Sector Employment Act 2013, Part 4, Division 4.
Explanatory note
The proposed amendments enable the Secretary of the Department of Planning, Industry and
Environment to designate appropriate senior executive public servants as members of the Marine
Estate Management Authority.
1.28 Museum of Applied Arts and Sciences Act 1945 No 31
Section 5 Vacation of office
Omit section 5(2).
Explanatory note
The proposed amendment removes the requirement for a trustee of the Museum of Applied Arts and
Sciences to be under 70 years of age.
1.29 Ombudsman Act 1974 No 68
[1] Section 8A, heading
Omit the heading. Insert instead--
8A Deputy Ombudsman--functions
[2] Section 8A(1)(a)
Omit "9,".
[3] Section 8A(2)
Omit the subsection.
[4] Section 9 Special officers
Omit section 9.
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Schedule 1 Minor amendments
[5] Section 10 Delegation
Omit "a special officer" from section 10(1).
Insert instead "an Assistant Ombudsman or an officer".
[6] Section 10(2)(b)
Omit "9,".
[7] Section 10(2A)(a)
Insert ", 28" after "26".
[8] Section 10(2A)(b)
Omit "a special officer". Insert instead "an officer".
[9] Section 15 Reasons for refusal to conciliate, investigate or continue to investigate
Omit section 15(2). Insert instead--
(2) However, if the complaint was made orally, the Ombudsman may inform the
complainant orally of the Ombudsman's decision and the reasons for the
decision unless the complainant asks to be informed of the Ombudsman's
reason in writing.
(2A) Subsection (2) does not prevent the Ombudsman from informing the
complainant in writing of the Ombudsman's decision and the reasons for the
decision in relation to a complaint made orally if the Ombudsman is satisfied
that it is appropriate to do so in the circumstances.
[10] Section 32 Staff
Omit section 32(4). Insert instead--
(4) While a police officer is an officer of the Ombudsman by reason of the services
of the police officer being made use of under subsection (2), the police officer
retains rank, seniority and remuneration as a police officer and may continue
to act as a constable.
[11] Section 37 Offences
Omit section 37(2)(d).
[12] Section 37(2)(f)
Omit "or special officer".
Explanatory note
Item [4] of the proposed amendments omits a provision that allows the Ombudsman to appoint an
officer of the Ombudsman to be a special officer, to whom the Ombudsman can delegate functions.
The provision is unnecessary as, in practice, the Ombudsman delegates functions to the Assistant
Ombudsman, who is deemed a special officer under section 8A(2), and officers of the Ombudsman,
any of whom can be appointed a special officer. The role of special officer inserts an unnecessary
bureaucratic step in the process of creating delegations and has no other purpose under the
Ombudsman Act 1974. Items [1]-[3], [5]-[8] and [10]-[12] make consequential amendments.
Item [9] of the proposed amendments enables the Ombudsman to orally inform a complainant about
the Ombudsman's decision in relation to a complaint if the complaint was made orally, unless the
complainant asks the Ombudsman to inform the complaint in writing. The proposed amendment also
makes it clear that the Ombudsman may inform the complainant about the decision in writing if the
Ombudsman considers it appropriate in the circumstances.
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1.30 Parramatta Park Trust Act 2001 No 17
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director" and "Director's" wherever occurring.
Insert instead "Chief Executive" and "Chief Executive's", respectively.
[2] Section 3 Definitions
Omit the definition of Director from section 3(1). Insert instead--
Chief Executive means the person employed in the Public Service who is
assigned to the role of Chief Executive of the Parramatta Park Trust.
[3] Schedule 4 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Statute
Law (Miscellaneous Provisions) Act 2020
References to Director to be construed as Chief Executive
(1) In any document, a reference to the Director of Parramatta Park is to be
construed as a reference to the Chief Executive of the Parramatta Park Trust.
(2) In this clause--
document means any Act or statutory or other instrument, or any contract or
agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the
"Director" with a definition of, and references to, the "Chief Executive". This amendment reflects the
new title of that position with the Parramatta Park Trust.
Item [3] makes a consequential amendment.
1.31 Pesticides Act 1999 No 80
[1] Sections 75, 77 and 78
Omit the sections.
[2] Section 76, heading
Omit the heading. Insert instead--
76 Penalty notices
[3] Section 76(1)
Omit "serve a penalty notice on". Insert instead "issue a penalty notice to".
[4] Section 76(2)-(5)
Omit section 76(2) and (3). Insert instead--
(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
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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
$1,500 or the maximum amount of penalty that could be imposed for the
offence by a court.
(5) In addition to any manner of issuing a penalty notice provided for by the Fines
Act 1996, a penalty notice may be issued under this section by leaving the
notice on a vehicle or at premises in respect of which the offence was
committed.
[5] Section 79 Withdrawal of penalty notice
Omit "served" wherever occurring. Insert instead "issued".
[6] Section 79(2)(c)
Omit "on whom". Insert instead "to whom".
[7] Section 80 Effect on other provisions
Insert "any other provision of, or made under," after "operation of".
Explanatory note
Item [4] of the proposed amendments updates a penalty notice provision to make it consistent with
similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by
the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the
Pesticides Act 1999 and enables a penalty notice to be issued by leaving it on a vehicle or at premises
(in addition to being issued personally or by post as provided for by the Fines Act 1996).
Items [2], [3] and [5]-[7] are consequential amendments that update terminology. Item [1] removes
provisions that are no longer necessary because of the application of the Fines Act 1996 to penalty
notices issued under the Pesticides Act 1999.
1.32 Pesticides Regulation 2017
[1] Clause 59 Penalty notices
Omit the clause.
[2] Schedule 3 Penalty notice offences
Omit "(Clause 59)".
[3] Schedule 3, clause 1
Omit--
For the purposes of section 75 (1) of the Act:
(a) each offence specified in this Schedule is an offence for which a penalty
notice may be issued, and
(b) the amount payable under any such penalty notice is the amount
specified in this Schedule for the offence.
Insert instead--
1 Application of Schedule
(1) For the purposes of section 76 of the Act--
(a) each offence created by a provision specified in this Schedule is an
offence for which a penalty notice may be issued, and
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(b) the amount payable for the penalty notice is the amount specified
opposite the provision.
(2) If the provision is qualified by words that restrict its operation to limited kinds
of offences or to offences committed in limited circumstances, the penalty
notice may be issued only for--
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
Explanatory note
Item [3] of the proposed amendments updates the Schedule to the Regulation containing penalty
notice offences in line with standard provisions relating to penalty notices. Item [1] omits a redundant
clause. Item [2] makes a consequential amendment.
1.33 Prevention of Cruelty to Animals Act 1979 No 200
[1] Section 8 Animals to be provided with food, drink or shelter
Omit "and the Department" from section 8(4).
[2] Section 29C Court may make order regarding care of animals
Omit "or the Department" from section 29C(3)(a).
Explanatory note
Item [1] of the proposed amendments removes the requirement for the prosecution to obtain advice
from both Local Land Services and Regional NSW about the state of a stock animal and the
appropriate care for it before commencing proceedings for an offence of failing to provide the animal
with food, drink or shelter. Instead, the prosecution will only be required to obtain advice from Local
Land Services.
Item [2] removes the requirement for an officer under the Prevention of Cruelty to Animals Act 1979
to obtain advice about the appropriate care of livestock from Local Land Services or Regional NSW
before applying for a court order for the immediate maintenance and care of the animal. Instead, the
officer will only be required to obtain advice from Local Land Services.
1.34 Property and Stock Agents Act 2002 No 66
Section 211 Fraudulent conversion and false accounts of money received by
licensee or registered person
Omit "jury are" from section 211(5). Insert instead "trier of fact is".
Explanatory note
The proposed amendment corrects a reference to the "jury" to recognise that proceedings for an
offence under the section may be conducted before a single judge in the absence of a jury.
1.35 Protection of the Environment Operations Act 1997 No 156
[1] Sections 222, 223, 225 and 227
Omit the sections.
[2] Section 224, heading
Omit the heading. Insert instead--
224 Penalty notices
[3] Section 224(1)
Omit "serve a penalty notice on". Insert instead "issue a penalty notice to".
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Schedule 1 Minor amendments
[4] Section 224(2)-(5)
Omit section 224(2) and (3). Insert instead--
(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) In addition to any manner of issuing a penalty notice provided for by the Fines
Act 1996, a penalty notice may be issued under this section by leaving the
notice on a vehicle or at premises in respect of which the offence was
committed.
[5] Section 228 Withdrawal of penalty notice
Omit "served" wherever occurring. Insert instead "issued".
[6] Section 228(2)(c)
Omit "on whom". Insert instead "to whom".
[7] Section 229 Effect on other provisions
Insert "any other provision of, or made under," after "operation of".
[8] Dictionary
Omit "section 223 (What is a penalty notice?)" from the definition of penalty notice.
Insert instead "section 224".
Explanatory note
Item [4] of the proposed amendments updates a penalty notice provision to make it consistent with
similar, standard provisions in other Acts. The provision applies the Fines Act 1996, as amended by
the Fines Amendment (Electronic Penalty Notices) Act 2016, to penalty notices issued under the
Protection of the Environment Operations Act 1997 and enables a penalty notice to be issued by
leaving it on a vehicle or at premises (in addition to being issued personally or by post as provided for
by the Fines Act 1996).
Items [2], [3] and [5]-[7] are consequential amendments that update terminology. Item [1] removes
provisions that are no longer necessary because of the application of the Fines Act 1996 to penalty
notices issued under the Protection of the Environment Operations Act 1997. Item [8] updates a
cross-reference.
1.36 Protection of the Environment Operations (General) Regulation 2009
[1] Clause 80 Penalty notice offences
Omit the clause.
[2] Clause 82 Amounts of penalty payable
Omit the clause.
[3] Clause 83, heading
Omit "Service of penalty notices on". Insert instead "Issue of penalty notices to".
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[4] Clause 83(2)
Omit "served". Insert instead "issued".
[5] Clause 83A, heading
Omit "Service of penalty notices on". Insert instead "Issue of penalty notices to".
[6] Clause 83A(2)
Omit "served". Insert instead "issued".
[7] Schedule 6 Penalty notice offences
Omit "(Clauses 80-82)".
[8] Schedule 6, clause 1
Insert after the heading to the Schedule--
1 Application of Schedule
(1) For the purposes of section 224 of the Act--
(a) each offence created by a provision specified in this Schedule is an
offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is--
(i) the amount specified opposite the provision in Column 3, or
(ii) if the person alleged to have committed the offence is a
corporation, and if a greater amount is specified opposite the
provision in Column 4, the amount specified in Column 4.
(2) If the provision is qualified by words that restrict its operation to limited kinds
of offences or to offences committed in limited circumstances, the penalty
notice may be issued only for--
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
[9] Schedule 6
Omit "served" wherever occurring. Insert instead "issued".
Explanatory note
Items [3]-[6] and [9] of the proposed amendments are consequential on proposed amendments to the
Protection of the Environment Operations Act 1997 in Schedule 1.35 to this Act. Items [1] and [2] omit
redundant clauses. Item [7] omits a redundant cross-reference.
Item [8] updates the Schedule to the Regulation containing penalty notice offences in line with
standard provisions relating to penalty notices.
1.37 Protection of the Environment Operations (Noise Control) Regulation
2017
[1] Clauses 7(4)(a), 32(4)(a) and 36(4)(a)
Omit "notice has been given" wherever occurring. Insert instead "notice has been issued".
[2] Clauses 7(4)(a), 32(4)(a) and 36(4)(a)
Omit "after service of" wherever occurring. Insert instead "after the issue of".
[3] Clauses 7(5) and 32(5)
Omit "motor vehicle served" wherever occurring. Insert instead "motor vehicle issued".
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Schedule 1 Minor amendments
[4] Clauses 7(5), 32(5) and 36(5)
Omit "penalty notice being served on" wherever occurring.
Insert instead "penalty notice being issued to".
[5] Clause 36 Persons in charge or owners of vessels that emit offensive noise
Omit "by a person served" from clause 36(5). Insert instead "by a person issued".
Explanatory note
The proposed amendments are consequential on proposed amendments to the Protection of the
Environment Operations Act 1997 in Schedule 1.35 to this Act.
1.38 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Western City and Aerotropolis Authority".
Insert instead "Western Parkland City Authority".
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
1.39 Public Health Act 2010 No 127
Section 10A
Insert after section 10--
10A Order may adopt publication
A direction made by the Minister by order under section 7, 8 or 9 may adopt,
and require compliance with, a publication as in force for the time being.
Explanatory note
By allowing for the incorporation into a Ministerial order of a publication as in force for the time being,
the proposed amendment will promote a flexible and timely response to rapidly evolving public health
situations, such as the current COVID-19 pandemic, in which scientific knowledge, and the expert
medical advice that relies on that knowledge, changes frequently.
1.40 Residential Tenancies Act 2010 No 42
[1] Section 8 Agreements to which Act does not apply
Omit section 8(1)(h).
[2] Section 65B Damage to premises--investigation by Secretary
Omit "under section 54(1A) or (1B)." from section 65B(9).
Insert instead--
under--
(a) section 54(1A) or (1B), or
(b) section 54A.
Explanatory note
Item [1] of the proposed amendments omits section 8(1)(h) of the Residential Tenancies Act 2010 (the
Act) as a consequence of the insertion of section 8(1)(bb) of the Act.
Item [2] provides that a tenant rectification order does not apply to a tenant who is an exempted tenant
in the circumstances specified in section 54A of the Act.
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1.41 Retirement Villages Act 1999 No 81
Section 205 COVID-19 pandemic--non-compliance with conditions of Ministerial
exemptions
Insert after section 205(2)--
(3) The Minister may delegate the Minister's functions under subsection (1) to
any person, or any class of persons, employed in the Department of Customer
Service.
Explanatory note
The proposed amendment enables the Minister for Better Regulation and Innovation to delegate the
issuing of compliance notices under section 205(1) of the Retirement Villages Act 1999 to persons
employed in the Department of Customer Service.
1.42 Royal Botanic Gardens and Domain Trust Act 1980 No 19
Schedule 1, clause 9A
Insert after clause 9--
9A Personal liability
(1) A protected person is not personally subject to any liability for anything
done--
(a) in good faith, and
(b) for the purpose of executing functions under this Act.
(2) The liability instead attaches to the Crown.
(3) In this section--
done includes omitted to be done.
liability means civil liability and includes action, claim or demand.
protected person means--
(a) the Trust, or
(b) a trustee, or
(c) a person acting under the direction of the Trust.
Explanatory note
The proposed amendment inserts a provision that is a standard provision in legislation establishing
statutory bodies representing the Crown, giving the persons constituting the statutory body (in this
case, the trustees of the Royal Botanic Gardens and Domain Trust established by the Royal Botanic
Gardens and Domain Trust Act 1980) immunity from personal liability.
1.43 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 2 Public offices
Omit "Western City and Aerotropolis Authority" from Part 1.
Insert instead "Western Parkland City Authority".
Explanatory note
The proposed amendment is consequential on proposed amendments to the Western City and
Aerotropolis Authority Act 2018 in Schedule 1.49 to this Act.
1.44 Stock Medicines Act 1989 No 182
[1] Section 62 Service of notices
Insert after section 62(a)(ii)--
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Schedule 1 Minor amendments
(iii) by sending it by email to an email address specified by the person
for the service of notices or orders of that kind, or
[2] Section 62(b)
Omit the paragraph. Insert instead--
(b) on a body corporate--
(i) by leaving it at, or by sending it by pre-paid post to, the head
office, a registered office or a principal office of the body
corporate, or
(ii) by sending it by email to an email address specified by the body
corporate for the service of notices or orders of that kind.
Explanatory note
The proposed amendments enable the service of notices or orders on persons (including bodies
corporate) to be effected by email.
1.45 Succession Act 2006 No 80
[1] Schedule 1 Savings, transitional and other provisions
Insert in appropriate order in clause 9--
the 1898 Act means the Probate and Administration Act 1898.
[2] Schedule 1, clause 11(6)
Insert after clause 11(5)--
(6) Section 41A of the 1898 Act, as in force immediately before its repeal by the
amending Act, continues to apply in respect of a person who died before the
commencement of this clause as if that section had not been repealed.
Explanatory note
The proposed amendment in item [2] transfers a savings and transitional provision from the
Succession Regulation 2020. The provision preserves the application of section 41A of the Probate
and Administration Act 1898 in respect of a person who died before 1 March 2009. That section gives
the Supreme Court jurisdiction to grant administration in respect of a deceased person in order to
permit an application to be made under the Family Provision Act 1982. Item [1] makes a consequential
amendment.
1.46 Succession Regulation 2020
Clause 5 Probate or administration for purpose of Family Provision Act 1982
Omit the clause.
Explanatory note
The proposed amendment repeals a savings and transitional clause transferred to the Succession Act
2006 by Schedule 1.45 to this Act.
1.47 Tow Truck Industry Act 1998 No 111
[1] Sections 20(2)(i1) and 29(2)(b2)
Omit "3 years" wherever occurring. Insert instead "3 or 5 years".
[2] Section 41 Disciplinary action
Omit "3 years" from section 41(2)(a1). Insert instead "3 or 5 years".
Explanatory note
Since 1 July 2020 tow truck operators licences and tow truck drivers certificates under the Tow Truck
Industry Act 1998 have been available for a term of 5 years as an alternative to 1-year and 3-year
licences and certificates. Item [1] of the proposed amendments applies conditions to 5-year licences
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Schedule 1 Minor amendments
and certificates that apply to 3-year licences and certificates. Item [2] applies a provision relating to
disciplinary action to holders of 5-year licences and certificates in the same way that it applies to
holders of 3-year licences and certificates.
1.48 Water Management Act 2000 No 92
[1] Section 55A Application of Part
Omit section 55A(3). Insert instead--
(3) To avoid doubt, the repeal, replacement or amendment of a management plan
so as to remove, add or change the description of a water source described in
a proclamation made under this section does not affect the application of this
Part to the water source as effected by a proclamation previously made under
this Part.
[2] Section 60F General defence
Omit ", a consent given under section 71V or an order under section 85A" from section
60F(2)(a).
Insert instead "or a consent given under section 71V".
[3] Section 60F(2)(a1)
Insert after section 60F(2)(a)--
(a1) that the water was taken in circumstances for which provision is made
in a management plan pursuant to section 85A(2), or
[4] Section 88A Application and objects of Part
Omit section 88A(2A). Insert instead--
(2A) To avoid doubt, the repeal, replacement or amendment of a management plan
so as to remove, add or change the description of a water source described in
a proclamation made under this section does not affect the application of this
Part to the water source as effected by a proclamation previously made under
this Part.
[5] Section 101A Metering equipment condition
Insert after section 101A(1)--
(1A) On the imposition of the condition by this section, any other condition relating
to the installation, use and maintenance of metering equipment in connection
with the work imposed on the water supply work approval under this Act, or
any other instrument made under this Act, ceases to have effect.
Explanatory note
Items [1] and [4] of the proposed amendments make corrections to terminology and clarify that the
operation of proclamations previously made under sections 55A and 88A is not affected by the
addition of a water source to a management plan or the replacement of a management plan.
Items [2] and [3] remove an inconsistency between section 60F(2) and section 85A in order to clarify
the operation of the defences available under section 60F(2).
Item [5] makes it clear that, on the imposition of the mandatory condition on a water supply work
approval under section 101A of the Water Management Act 2000 (the Act) requiring metering
equipment to be installed, used and properly maintained in connection with the work, any other
condition imposed on the approval under the Act, or any other instrument made under the Act, ceases
to have effect.
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1.49 Western City and Aerotropolis Authority Act 2018 No 53
[1] Long title
Omit "Western City and Aerotropolis Authority".
Insert instead "Western Parkland City Authority".
[2] Section 1 Name of Act
Omit "Western City and Aerotropolis Authority".
Insert instead "Western Parkland City Authority".
[3] Section 4 Definitions
Omit "Western City and Aerotropolis Authority" from the definition of Authority in section
4(1).
Insert instead "Western Parkland City Authority".
[4] Section 6 Constitution of Authority
Omit section 6(1). Insert instead--
(1) There is constituted by this Act a corporation with the corporate name of the
Western Parkland City Authority.
[5] Section 19, heading
Omit the heading. Insert instead--
19 Western Parkland City Fund
[6] Section 19(1)
Omit "Western City Fund". Insert instead "Western Parkland City Fund".
[7] Section 19(5)
Insert after section 19(4)--
(5) In any Act or statutory or other instrument, or in any contract or agreement, a
reference to the Western City Fund is to be construed as a reference to the
Western Parkland City Fund.
[8] Section 27
Insert after section 26--
27 Change of name of Western City and Aerotropolis Authority to Western
Parkland City Authority
The substitution of section 6(1) of this Act by the Statute Law (Miscellaneous
Provisions) Act 2020 effects the alteration of the name of the Western City and
Aerotropolis Authority in terms of section 53 of the Interpretation Act 1987
and accordingly that section applies.
Note. Section 53 of the Interpretation Act 1987 provides that if an Act alters the name
of a body or office--
(a) the body or office continues in existence under its new name so that its identity
is not affected, and
(b) a reference in any Act or instrument, or in any other document, to the body or
office under its former name is to be read as a reference to the body or office
under its new name.
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Schedule 1 Minor amendments
Explanatory note
Item [4] of the proposed amendments changes the name of the Western City and Aerotropolis
Authority to the Western Parkland City Authority. Item [6] changes the name of the Western City Fund
to the Western Parkland City Fund. Items [1]-[3], [5], [7] and [8] are consequential amendments.
1.50 Western Sydney Parklands Act 2006 No 92
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "Director" wherever occurring. Insert instead "Chief Executive".
[2] Section 3 Definitions
Omit the definition of Director from section 3(1). Insert instead--
Chief Executive means the person employed in the Public Service who is
assigned to the role of Chief Executive of the Western Sydney Parklands
Trust.
[3] Section 7 Trust Board
Omit section 7(2)(a1)-(c).
[4] Section 7(2)(d)
Omit "5 other persons". Insert instead "7 other persons".
[5] Schedule 3 Land transferred to Trust
Omit item 242.
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Statute
Law (Miscellaneous Provisions) Act 2020
References to Director to be construed as Chief Executive
(1) In any document, a reference to the Director of the Western Sydney Parklands
Trust is to be construed as a reference to the Chief Executive of the Western
Sydney Parklands Trust.
(2) In this clause--
document means any Act or statutory or other instrument, or any contract or
agreement (other than this Act).
Explanatory note
Items [1] and [2] of the proposed amendments replace the definition of, and references to, the
"Director" with a definition of, and references to, the "Chief Executive". This amendment reflects the
new title of that position with the Western Sydney Parklands Trust. Item [6] makes consequential
amendments.
Items [3] and [4] update the membership of the Board of the Trust to provide that the Minister may
appoint 2 additional persons to be members of the Board of the Trust. The amendment is consequent
on recent administrative changes to government departments.
Item [5] repeals a provision that would otherwise have transferred ownership of a particular lot to the
Trust. The land on which the lot is located has been reserved as a nature reserve under the National
Parks and Wildlife Act 1974 and transfer of the land to the Trust is no longer necessary.
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1.51 Wool, Hide and Skin Dealers Act 2004 No 7
Section 10 Licence applications
Omit section 10(4). Insert instead--
(4) An application must be delivered to a police station or lodged in any other
manner prescribed by the regulations.
Explanatory note
The proposed amendment provides that a licence application to carry on the business of a wool, hide
or skin dealer must be delivered to a police station or lodged in any other manner prescribed by the
regulations. The amendment transfers the existing requirement to deliver a licence application to a
police station from the Wool, Hide and Skin Dealers Regulation 2015 to the Wool, Hide and Skin
Dealers Act 2004. The Wool, Hide and Skin Dealers Regulation 2015 is repealed by Schedule 5 to
this Act.
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Schedule 2 Amendments by way of statute law revision--
miscellaneous amendments
2.1 Agricultural and Veterinary Chemicals (New South Wales) Act 1994 No
53
Part 7, heading
Omit "National Registration Authority for Agricultural and Veterinary Chemicals".
Insert instead "Australian Pesticides and Veterinary Medicines Authority".
Explanatory note
The proposed amendment replaces a reference to the former National Registration Authority for
Agricultural and Veterinary Chemicals with a reference to the current Australian Pesticides and
Veterinary Medicines Authority.
2.2 Agricultural Scientific Collections Trust Act 1983 No 148
[1] Section 4(1)
Omit the definition of Director.
[2] Section 4(1)
Insert in alphabetical order--
Chief Curator means the person employed in the Public Service as the Chief
Curator.
[3] Section 13
Omit "Director" wherever occurring. Insert instead "Chief Curator".
[4] Section 14(1)(b)
Omit "Director". Insert instead "Chief Curator".
Explanatory note
Item [1] of the proposed amendments omits a definition for a position that has changed title and item
[2] inserts a definition relating to the new title for the position. Items [3] and [4] are consequential
amendments.
2.3 Anti-Discrimination Act 1977 No 48
Section 74
Omit the section. Insert instead--
74 Eligibility for appointment to Board
A person is not eligible for appointment as a member if the person is--
(a) a member of the Legislative Council or the Legislative Assembly, or
(b) a member of a House of Parliament of another State or the
Commonwealth.
Explanatory note
The proposed amendment updates the formatting of the provision.
2.4 Byron Local Environmental Plan 2014
Clause 4.6(8)
Renumber paragraph (d) as paragraph (ca).
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Explanatory note
The proposed amendment corrects numbering.
2.5 Cabonne Local Environmental Plan 2012
Clause 5.1(2)
Omit "Transport for New South Wales". Insert instead "Transport for NSW".
Explanatory note
The proposed amendment corrects a reference to a statutory body.
2.6 Child Protection (Working with Children) Act 2012 No 51
Section 34(1)(a)
Omit "Crime". Insert instead "Criminal Intelligence".
Explanatory note
The proposed amendment updates a reference to the Australian Criminal Intelligence Commission.
2.7 Children's Guardian Act 2019 No 25
[1] Section 87(5)
Omit "Regulations". Insert instead "regulations".
[2] Section 87(6)
Omit "clause". Insert instead "section".
Explanatory note
Item [1] of the proposed amendments corrects a typographical error. Item [2] corrects a reference.
2.8 Civil Procedure Act 2005 No 28
Section 68, note
Omit "section 42". Insert instead "section 105".
Explanatory note
The proposed amendment corrects a cross-reference.
2.9 Companion Animals Act 1998 No 87
[1] Section 5(1), definition of "approved animal welfare organisation"
Omit paragraph (c). Insert instead--
(c) the Cat Protection Society of NSW Limited,
[2] Section 5(1), definition of "rehoming organisation"
Omit paragraph (c). Insert instead--
(c) the Cat Protection Society of NSW Limited, or
Explanatory note
The proposed amendments update the name of an organisation.
2.10 Crimes (Sentencing Procedure) Act 1999 No 92
[1] Section 5(5)
Omit "Subject to sections 12 and 99,".
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Section 31, definition of "impose a penalty"
Omit "10, 11 or 12" from paragraph (d). Insert instead "10 or 11".
Explanatory note
The proposed amendments update cross-references consequent on the enactment of the Crimes
(Sentencing Procedure) Amendment (Sentencing Options) Act 2017.
2.11 Criminal Appeal Act 1912 No 16
Section 8A(1)
Omit "section 105(2)". Insert instead "section 102(2)".
Explanatory note
The proposed amendment corrects a cross-reference.
2.12 Drug Court Act 1998 No 150
Schedule 2
Insert at the end of the Schedule--
Part 7 Provision consequent on enactment of Statute Law
(Miscellaneous Provisions) Act 2020
10 Repeal of Drug Court Regulation 2015
Despite section 10(2) of the Subordinate Legislation Act 1989, the Drug Court
Regulation 2015 is taken to have been repealed at the end of 1 September
2020.
Explanatory note
This amendment is consequent on the proposed amendment of the Subordinate Legislation Act 1989
in Schedule 2.36 regarding the timing of repeals of regulations under Part 3 of that Act.
2.13 Drug Misuse and Trafficking Act 1985 No 226
Sections 10(2)(b1), 23(4)(c) and 25(4)(c)
Omit "section 39G" wherever occurring. Insert instead "section 39Q".
Explanatory note
The proposed amendment corrects a cross-reference.
2.14 Environmental Planning and Assessment Regulation 2000
[1] Clause 130(2B)
Omit "clause".
[2] Clause 155(1)(e)(i)
Omit "an an". Insert instead "an".
Explanatory note
Item [1] of the proposed amendments corrects a grammatical error. Item [2] omits a duplicate word.
2.15 Firearms Regulation 2017
Clause 129(10)
Omit "subclause (7)". Insert instead "subclause (8)".
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Explanatory note
The proposed amendment corrects a cross-reference.
2.16 Fisheries Management Act 1994 No 38
[1] Section 4(4), note
Omit "Australian Standard entitled AS SSA 5300--2011, Australian Fish Names Standard
published on 20 October 2011".
Insert instead "Australian Standard entitled AS 5300--2019, Australian Fish Names
Standard published on 24 June 2019".
[2] Schedule 1AA, clause 1, definition of "fishing regulatory controls"
Omit paragraph (e). Insert instead--
(e) fishing determinations of the TAF Committee under Part 2A of this Act,
Explanatory note
Item [1] of the proposed amendment updates a reference to an Australian Standard. Item [2] updates
the name of a committee and corrects a cross-reference.
2.17 Game and Feral Animal Control Act 2002 No 64
Section 4, definition of "Regulatory Authority"
Omit "Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services".
Insert instead "Secretary of Regional NSW".
Explanatory note
The proposed amendment updates a reference to the Secretary.
2.18 Gene Technology (GM Crop Moratorium) Act 2003 No 12
[1] Section 4(1), definition of "Department"
Omit "the Department of Industry and Investment".
Insert instead "Regional NSW".
[2] Section 4(1), definition of "Director-General"
Omit the definition.
[3] Section 4(1)
Insert in alphabetical order--
Secretary means the Secretary of the Department.
[4] Sections 12, 20, 21, 22(1) and (2) and 38(1) and (2)
Omit "Director-General" wherever occurring. Insert instead "Secretary".
Explanatory note
Item [1] of the proposed amendments updates a reference to the Department. Item [2] omits a
redundant definition. Items [3] and [4] update references to the Secretary.
2.19 Glen Innes Severn Local Environmental Plan 2012
[1] Clause 4.2AA
Renumber clause 4.2AA as 4.2C and insert it after clause 4.2B.
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Schedule 1
Omit "(When this Plan was made this Schedule was blank)".
[3] Dictionary
Insert in alphabetical order--
Additional Permitted Uses Map means the Glen Innes Severn Local
Environmental Plan 2012 Additional Permitted Uses Map.
Explanatory note
Item [1] of the proposed amendments renumbers and moves an incorrectly numbered provision. Item
[2] omits redundant text. Item [3] inserts a missing definition.
2.20 Hurstville Local Environmental Plan 2012 (Amendment No 3)
[1] Schedule 1[8]
Omit "Telecommunications facilities;" from item 4 of the matter relating to Zone B3
Commercial Core.
[2] Schedule 1[15A]
Insert after Schedule 1[15]--
[15A] Part 6 Additional local provisions
Insert at the end of the Part, with appropriate clause numbering--
Telecommunications facilities prohibited in Zone B3
Despite any other provision of this Plan, development for the purposes
of telecommunications facilities is prohibited in Zone B3 Commercial
Core.
Commencement
The amendments to Hurstville Local Environmental Plan 2012 (Amendment No 3) are taken to have
commenced on the commencement of that Plan.
Explanatory note
The Standard Instrument (Local Environmental Plans) Order 2006 provides for the making of
standard local environmental plans, and only permits certain land uses to be included in the Land Use
Table of one of those standard plans.
Item [1] of the proposed amendments removes a reference to an impermissible land use that was
purported to be put into a Land Use Table of Hurstville Local Environmental Plan 2012, a standard
plan.
Item [2] inserts a provision that has the same effect as would have been achieved if it were possible
to insert that land use in the Land Use Table of the Plan.
2.21 Industrial Relations Act 1996 No 17
Section 405(1)
Omit the subsection. Insert instead--
(1) An award or order of the Commission does not have effect to the extent that it
is inconsistent with a function under the Police Act 1990 in relation to the
discipline, promotion or transfer of a police officer, or in relation to police
officers who are hurt on duty.
Explanatory note
The proposed amendment removes a reference to a repealed provision of the Police Act 1990 and
updates the formatting of the provision.
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.22 Interpretation Act 1987 No 15
Section 21(1), definition of "Gazette or Government Gazette"
Omit the definition. Insert instead--
Gazette, or Government Gazette, means the New South Wales Government
Gazette published--
(a) in print, or
(b) on a website authorised by the Parliamentary Counsel to provide public
access to the Gazette.
Explanatory note
The proposed amendment makes it clear the Gazette may be published electronically on a website
authorised by the Parliamentary Counsel for that purpose.
2.23 Land and Environment Court Act 1979 No 204
[1] Section 17(d)
Omit "sections 75K, 75L, 75Q, 75W(5), 95A, 96, 96A, 97, 97AA, 98, 98A, 109K, 121ZK,
121ZM, 121ZS and 149F of".
Insert instead "sections 4.55, 8.7, 8.8, 8.9, 8.16, 8.18, 8.21, 8.22, 8.23 and 8.25 of, and
clause 35 of Schedule 5 to,".
[2] Section 19(g)
Omit "sections 96A(7) and 121ZL". Insert instead "sections 4.57(7) and 8.19".
[3] Section 20(1)(b)
Omit "section 35". Insert instead "section 3.27".
[4] Section 20(1)(c)
Omit "section 123". Insert instead "section 9.45".
[5] Section 21(f)
Omit "section 127". Insert instead "section 9.57".
[6] Section 25A(3)
Omit "section 102". Insert instead "section 4.60".
[7] Section 25C(2)
Omit "section 103". Insert instead "section 4.61".
[8] Section 34AA(1)
Omit "section 97 or 97AA". Insert instead "section 8.7 or 8.9".
[9] Section 34A(1)(c), (2) and (2A)
Omit "section 97" wherever occurring. Insert instead "section 8.7".
[10] Section 34A(1)(c1)
Omit "section 97AA". Insert instead "section 8.9".
[11] Section 34A(1)(d)
Omit "section 121ZK". Insert instead "section 8.18".
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[12] Section 34A(1)(e)
Omit "section 149F". Insert instead "section 8.25".
Explanatory note
The proposed amendments update references to provisions in the Environmental Planning and
Assessment Act 1979.
2.24 Local Government Act 1993 No 30
[1] Section 275(1)(e1)
Insert "or the Electoral Funding Act 2018" after "Election Funding, Expenditure and
Disclosures Act 1981".
[2] Section 328A(2) and note
Omit "Part 6 of the Election Funding, Expenditure and Disclosures Act 1981" wherever
occurring.
Insert instead "Part 3 of the Electoral Funding Act 2018".
Explanatory note
The proposed amendments update references to a repealed Act.
2.25 Local Government (General) Regulation 2005
Clause 130(a)
Omit "practiced". Insert instead "practised".
Explanatory note
The proposed amendment corrects a spelling error.
2.26 Marine Safety Act 1998 No 121
Section 126(2)
Insert ", or the Marine Pollution Act 2012 or the regulations made under that Act," after "or
the regulations".
Explanatory note
The proposed amendment reinstates a reference to the Marine Pollution Act 2012 and regulations
made under that Act that was included in a definition omitted by the Statute Law (Miscellaneous
Provisions) Act 2017.
2.27 Palerang Local Environmental Plan 2014
[1] Schedule 4, Part 2, table
Omit "Reclassification Map" from Column 2.
Insert instead "Land Reclassification (Part Lots) Map".
[2] Dictionary
Omit the definition of Reclassification Map.
Insert in alphabetical order--
Land Reclassification (Part Lots) Map means the Palerang Local
Environmental Plan 2014 Land Reclassification (Part Lots) Map.
Commencement
The amendments to Palerang Local Environmental Plan 2014 are taken to have commenced on the
commencement of that Plan.
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
Explanatory note
The proposed amendments correct an incorrect map reference.
2.28 Parramatta Park Trust Regulation 2019
[1] Whole Regulation
Omit "Director" wherever occurring. Insert instead "Chief Executive".
[2] Clause 8(2), (4) and (6)
Omit "direction made" wherever occurring. Insert instead "direction given".
[3] Clause 8(5)
Omit "motor vehicle, motor cycle or other regulated vehicle". Insert instead "vehicle".
[4] Clause 29(5)
Omit "subclause (1)". Insert instead "subclause (4)".
Explanatory note
Item [1] of the proposed amendments replaces references to "Director" with "Chief Executive", which
reflects the new title of that position with the Parramatta Park Trust. Item [2] corrects a grammatical
error. Item [3] omits redundant matter. Item [4] corrects a cross-reference.
2.29 Partnership Act 1892 No 12
Section 36(2)
Omit "dissolution or".
Explanatory note
The proposed amendment corrects use of terminology.
2.30 Pawnbrokers and Second-hand Dealers Regulation 2015
Schedule 1
Omit "Clauses 19(4), 27 and 34". Insert instead "Clause 34".
Explanatory note
The proposed amendment corrects cross-references.
2.31 Police Act 1990 No 47
[1] Section 88(1)
Omit the subsection. Insert instead--
(1) The engagement or appointment of, or the failure to engage or appoint, a
person as a non-executive officer, or a matter, question or dispute relating to
the engagement or appointment, or failure to engage or appoint, is not an
industrial matter for the purposes of the Industrial Relations Act 1996.
[2] Section 88(3)
Insert "or appoint" after "engage".
[3] Section 129(1)
Renumber paragraph (a) where secondly occurring as paragraph (b).
Explanatory note
Items [1] and [2] of the proposed amendments correct terminology relating to the appointment of
police officers. Item [3] corrects duplicate numbering.
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.32 Protection of the Environment Operations Act 1997 No 156
Dictionary, definition of "environmental values of water"
Omit "Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000,
published by the Australian and New Zealand Environment and Conservation Council and
the Agriculture and Resource Management Council of Australia and New Zealand".
Insert instead "Australian and New Zealand Guidelines for Fresh and Marine Water
Quality 2018, published by the Australian and New Zealand Governments and State and
Territory Governments".
Explanatory note
The proposed amendment updates a reference to Guidelines.
2.33 Public Health Regulation 2012
Section 93
Omit "(and". Insert instead "and".
Explanatory note
The proposed amendment corrects a typographical error.
2.34 Residential Tenancies Act 2010 No 42
Section 107(6)
Omit the subsection.
Explanatory note
The proposed amendment omits a redundant provision.
2.35 Road Transport Act 2013 No 18
Section 122(a) and note
Omit "Division 1C of Part 6 of" wherever occurring. Insert instead "Part 2A, Division 3 of
Schedule 1 to".
Explanatory note
The proposed amendment corrects a cross-reference.
2.36 Subordinate Legislation Act 1989 No 146
[1] Section 10(2)(a)
Omit "on the". Insert instead "at the beginning of the day that is the".
[2] Section 10(2)(b)
Omit "on 1". Insert instead "at the beginning of 1".
Commencement
The amendments to the Subordinate Legislation Act 1989 are taken to have commenced on 1
September 1990.
Explanatory note
The proposed amendments clarify that a statutory rule repealed under Part 3 of the Subordinate
Legislation Act 1989 is repealed at the beginning of the day on which the statutory rule is repealed.
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
2.37 Surveillance Devices Act 2007 No 64
Section 28(1A)(e)
Omit "the use of the surveillance device authorised by the warrant must be furnished to the
eligible Judge or eligible Magistrate under section 44(1),".
Insert instead "the retrieval of the surveillance device authorised by the retrieval warrant
must be furnished to the eligible Judge or eligible Magistrate under section 44(6),".
Explanatory note
The proposed amendment corrects a reference to retrieval warrants and a cross-reference.
2.38 Teacher Accreditation Act 2004 No 65
Section 24B(d)
Omit "section 20(c)". Insert instead "section 20(1)(c)".
Explanatory note
The proposed amendment corrects a cross-reference.
2.39 Transport Administration Act 1988 No 109
Schedule 7, clause 220(2)(a)
Insert "the" after "of".
Explanatory note
The proposed amendment inserts a missing word.
2.40 Uniform Civil Procedure Rules 2005
Rule 18.8(2)
Omit "Subrule 1(b)". Insert instead "Subrule (1)(b)".
Explanatory note
The proposed amendment corrects a cross-reference.
2.41 Water Sharing Plan for the Lower Murray Groundwater Source 2019
Clause 37 Water allocation accounts
Renumber the clause as clause 33A.
Explanatory note
The proposed amendment corrects duplicate numbering.
2.42 Waverley Local Environmental Plan 2012
Clause 4.6(8)
Renumber paragraph (d) as paragraph (ca).
Explanatory note
The proposed amendment corrects numbering.
2.43 Western Sydney Parklands Regulation 2019
[1] Whole Regulation
Omit "Director" wherever occurring. Insert instead "Chief Executive".
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Schedule 2 Amendments by way of statute law revision--miscellaneous amendments
[2] Clause 8(2), (4) and (6)
Omit "direction made" wherever occurring. Insert instead "direction given".
[3] Clause 29(5)
Omit "subclause (1)". Insert instead "subclause (4)".
Explanatory note
Item [1] of the proposed amendments replaces references to "Director" with "Chief Executive", which
reflects the new title of that position with the Western Sydney Parklands Trust. Item [2] corrects a
grammatical error. Item [3] corrects a cross-reference.
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
Schedule 3 Amendments consequent on administrative
changes
3.1 Agricultural Industry Services Act 1998 No 45
Section 3, definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.2 Agricultural Livestock (Disease Control Funding) Act 1998 No 139
Section 3, definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.3 Agricultural Scientific Collections Trust Act 1983 No 148
Section 4(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.4 Animal Research Act 1985 No 123
Section 3(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.5 Betting and Racing Act 1998 No 114
Sections 6(2)(d) and 26G-26GB
Omit "Industry" wherever occurring. Insert instead "Customer Service".
3.6 Betting and Racing Regulation 2012
[1] Clause 4
Insert in alphabetical order--
Liquor & Gaming NSW means that part of the Department of Customer
Service known as Liquor & Gaming NSW.
[2] Clauses 4 (definition of "problem gambling information"), 6(2), 7(3) and 9(3)
Omit "the NSW Office of Liquor, Gaming and Racing" wherever occurring.
Insert instead "Liquor & Gaming NSW".
3.7 Biological Control Act 1985 No 199
Section 3(1), definition of "Department"
Omit "the Department of Industry and Investment". Insert instead "Regional NSW".
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
3.8 Biosecurity Act 2015 No 24
Section 7, definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.9 Casino Control Act 1992 No 15
Section 3(1), definition of "Secretary"
Omit "Industry". Insert instead "Customer Service".
3.10 Exhibited Animals Protection Act 1986 No 123
Section 5(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.11 Farrer Memorial Research Scholarship Fund Act 1930 No 38
Section 2, definition of "Department"
Omit "the Department of Industry and Investment".
Insert instead "Regional NSW".
3.12 Fisheries Management Act 1994 No 38
[1] Section 4(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
[2] Section 221ZU(1), definition of "Fisheries Agency Head"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.13 Gaming and Liquor Administration Act 2007 No 91
Section 3(1), definition of "Department"
Omit "Industry". Insert instead "Customer Service".
3.14 Gaming and Liquor Administration Regulation 2016
Schedule 1, clause 1
Omit the clause. Insert instead--
1 New South Wales
Secretary of the Department of Customer Service
Deputy Secretary, Liquor, Gaming and Racing Division, Department of
Customer Service
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
A person employed in Liquor & Gaming NSW, Department of Customer
Service
A local council or another person or body exercising functions as a consent
authority under the Environmental Planning and Assessment Act 1979
3.15 Gaming Machine Tax Act 2001 No 72
Sections 17A(2) and 19(1)(c)
Omit "Industry" wherever occurring. Insert instead "Customer Service".
3.16 Gaming Machines Act 2001 No 127
Sections 4(1) (definition of "Secretary") and 48(5)
Omit "Industry" wherever occurring. Insert instead "Customer Service".
3.17 Government Information (Public Access) Regulation 2018
Schedule 3
Omit the matter relating to the following agencies--
Board of Surveying and Spatial Information
Electrical Equipment Safety Advisory Committee
Financial Counselling Trust Fund
Geographical Names Board
Hardship Review Board
Independent Liquor and Gaming Authority
Mine Subsidence Board
Motor Vehicle Repair Industry Authority
New South Wales Government Telecommunications Authority (also known
as TELCO)
NSW Procurement Board
NSW Self Insurance Corporation
Professional Standards Council
Property NSW
Rental Bond Board
Teacher Housing Authority of New South Wales
Trustees of the Parliamentary Contributory Superannuation Fund
Waste Assets Management Corporation
Workers Compensation Commission
Workers Compensation (Dust Diseases) Authority
Insert instead in alphabetical order--
Board of Surveying and Spatial Information Department of Customer Service
Page 41
Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
Financial Counselling Trust Fund Department of Customer Service
Geographical Names Board Department of Customer Service
Hardship Review Board Department of Customer Service
Independent Liquor and Gaming Authority Department of Customer Service
NSW Procurement Board Treasury
NSW Self Insurance Corporation Treasury
NSW Telco Authority Department of Customer Service
Professional Standards Council Department of Customer Service
Property NSW Department of Planning, Industry and
Environment
Rental Bond Board Department of Customer Service
Teacher Housing Authority of New South Department of Planning, Industry and
Wales Environment
Trustees of the Parliamentary Contributory Treasury
Superannuation Fund
Waste Assets Management Corporation Department of Planning, Industry and
Environment
Workers Compensation Commission Department of Customer Service
Workers Compensation (Dust Diseases) Treasury
Authority
3.18 Government Sector Employment Act 2013 No 40
[1] Section 49(1) (definition of "Industrial Relations Secretary") and note to definition
Omit "Treasury" wherever occurring. Insert instead "Department of Premier and Cabinet".
[2] Schedule 1, Parts 1 and 2
Omit "The Treasury" wherever occurring. Insert instead "Treasury".
3.19 Hemp Industry Act 2008 No 58
Section 3(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
3.20 Heritage Act 1977 No 136
[1] Section 8(2)
Insert ", Industry" after "Planning".
[2] Sections 23(4), 121(5)(c) and 151(2)(b) and (3)
Omit "Planning and Environment" wherever occurring.
Insert instead "Premier and Cabinet".
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Schedule 3 Amendments consequent on administrative changes
3.21 Housing Act 2001 No 52
[1] Section 3, definition of "Department"
Omit "Family and Community Services". Insert instead "Communities and Justice".
[2] Section 6(2) and (3)
Insert "of the Department of Planning, Industry and Environment" after "Secretary"
wherever occurring.
3.22 Inspector of Custodial Services Act 2012 No 55
Section 3(1), definition of "Department"
Insert "Communities and" before "Justice".
3.23 Jobs for NSW Act 2015 No 25
Sections 4(1) (definition of "Department") and 5(2)(c)
Omit "Department of Industry, Skills and Regional Development" wherever occurring.
Insert instead "Treasury".
3.24 Land Acquisition (Just Terms Compensation) Act 1991 No 22
Section 27A(1) and Schedule 1A, clause 3(5)
Omit "Finance, Services and Innovation" wherever occurring.
Insert instead "Planning, Industry and Environment".
3.25 Liquor Act 2007 No 90
Sections 4(1) (definition of "Secretary"), 116C(4) and 144M(1)(b)(iii)
Omit "Industry" wherever occurring. Insert instead "Customer Service".
3.26 Liquor Regulation 2018
[1] Clause 3(1)
Insert in alphabetical order--
Liquor & Gaming NSW means that part of the Department of Customer
Service known as Liquor & Gaming NSW.
[2] Clause 29(3)(e)
Omit the paragraph. Insert instead--
(e) the Department of Communities and Justice,
[3] Clauses 50(2), 52(3), 53(2), 54(4) and 115(2)(b) and Schedule 2, Part 2
Omit ", Department of Industry" wherever occurring.
3.27 Local Government Act 1993 No 30
[1] Sections 57-59, 60-63, 65, 66, 439(3), 440(9), 440AA(6) and 440H(9)
Omit "Primary Industries" wherever occurring.
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
Insert instead "Water, Property and Housing".
[2] Section 409(6)
Omit "Energy and Utilities". Insert instead "Water, Property and Housing".
3.28 Local Government (General) Regulation 2005
Clauses 21(a)(ii), 138 and 147(b)
Omit "Utilities" wherever occurring. Insert instead "Water, Property and Housing".
3.29 Local Land Services Act 2013 No 51
[1] Section 60K(5)
Insert ", Industry" after "Planning".
[2] Schedule 6, clause 21(4)
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
[3] Dictionary, definition of "Department"
Omit "the Department of Planning, Industry and Environment".
Insert instead "Regional NSW".
3.30 Lord Howe Island Act 1953 No 39
Section 4(3)(d) and Schedule 1A, clause 6(1)(f)
Omit "Premier and Cabinet" wherever occurring.
Insert instead "Planning, Industry and Environment".
3.31 Marine Estate Management Act 2014 No 72
[1] Section 5(1)
Omit "Primary Industries". Insert instead "Agriculture and Western New South Wales".
[2] Sections 7(2)(b), 16, 50, 58(a) and 74(2)
Omit "the Department of Trade and Investment, Regional Infrastructure and Services"
wherever occurring.
Insert instead "Regional NSW".
3.32 Prevention of Cruelty to Animals Act 1979 No 200
Section 4(1), definition of "Department"
Omit "the Department of Industry". Insert instead "Regional NSW".
3.33 Public Lotteries Regulation 2016
[1] Clause 3(1)
Omit the definitions of Liquor and Gaming NSW and Secretary.
Insert instead--
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
Liquor & Gaming NSW means that part of the Department of Customer
Service known as Liquor & Gaming NSW.
Secretary means the Secretary of the Department of Customer Service.
[2] Clauses 9(1)(b), 10(3), 11(3) and 13(4)
Omit "Liquor and Gaming" wherever occurring. Insert instead "Liquor & Gaming".
3.34 Public Works and Procurement Act 1912 No 45
Section 165(1)(a) and (2)
Omit "Department of Finance, Services and Innovation" wherever occurring.
Insert instead "Treasury".
3.35 Registered Clubs Act 1976 No 31
Section 4(1), definition of "Secretary"
Omit "Industry". Insert instead "Customer Service".
3.36 Registered Clubs Regulation 2015
[1] Clause 3(1) (definition of "Department") and Schedule 2, clause 2(1) (definition of
"departmental Secretary")
Omit "Industry" wherever occurring. Insert instead "Customer Service".
[2] Clause 33(2)
Omit "the NSW Office of Liquor, Gaming and Racing".
Insert instead "that part of the Department known as Liquor & Gaming NSW".
3.37 Retail Leases Act 1994 No 46
[1] Section 3(1)
Omit the definition of Secretary. Insert in alphabetical order--
Department means the Treasury.
Secretary means the Secretary of the Department.
[2] Sections 16Z, 16ZA(1)(a), 82B(1)(a) and 83A(6)
Omit "of Industry, Skills and Regional Development" wherever occurring.
[3] Section 16ZA(1)(b)
Omit "that Department". Insert instead "the Department".
3.38 Rice Marketing Act 1983 No 176
Section 4(1), definition of "Department"
Omit "the Department of Industry, Skills and Regional Development".
Insert instead "Regional NSW".
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 3 Amendments consequent on administrative changes
3.39 Stock Medicines Act 1989 No 182
Section 3(1), definition of "Secretary"
Omit "the Department of Planning, Industry and Environment".
Insert instead "Regional NSW".
3.40 Teacher Housing Authority Act 1975 No 27
Section 7(1)(b) and (7)
Omit "Finance, Services and Innovation" wherever occurring.
Insert instead "Planning, Industry and Environment".
3.41 Totalizator Regulation 2012
[1] Clause 3(1)
Insert in alphabetical order--
Liquor & Gaming NSW means that part of the Department of Customer
Service known as Liquor & Gaming NSW.
[2] Clauses 3(1) (definition of "problem gambling information"), 6(2), 7(3) and 9(3)
Omit "the NSW Office of Liquor, Gaming and Racing" wherever occurring.
Insert instead "Liquor & Gaming NSW".
3.42 Valuation of Land Act 1916 No 2
Section 4(1), definition of "Department"
Omit "Finance, Services and Innovation".
Insert instead "Planning, Industry and Environment".
3.43 Young Offenders Act 1997 No 54
[1] Section 4 (definition of "Secretary"), 46(1), 47(2)(e) and 66(2)(e), (g) and (h) and
(2B)(a)
Insert "Communities and" before "Justice" wherever occurring.
[2] Section 62A(a) and (a1)
Insert "Communities and" after "Department of" wherever occurring.
[3] Section 66(4)
Omit the definition of authorised officer of the Department of Justice. Insert instead--
authorised officer of the Department of Communities and Justice means any
of the following persons employed in the Department--
(a) the Secretary,
(b) a Deputy Secretary,
(c) the Chief Executive of Juvenile Justice or a Deputy Chief Executive of
Juvenile Justice,
(d) a juvenile justice officer,
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(e) any other persons employed in the Department, or persons belonging to
a class of employee, as may be prescribed by the regulations.
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Schedule 4 Amendments consequent on dissolution of RMS
4.1 Bankstown Local Environmental Plan 2015
Schedule 2 Exempt development
Omit "Roads and Maritime Services" from subclause (7) under the heading "Waste storage
containers on private land".
Insert instead "Transport for NSW".
4.2 Biosecurity Act 2015 No 24
Section 381 Access to information by authorised officers
Omit "Roads and Maritime Services" from section 381(1).
Insert instead "Transport for NSW".
4.3 Camden Local Environmental Plan 2010
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly occurring in clause 5.1(2).
Insert instead "Transport for NSW".
4.4 Campbelltown Local Environmental Plan 2015
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where firstly and secondly occurring in clause 5.1(2).
Insert instead "Transport for NSW".
4.5 City of Sydney Act 1988 No 48
[1] Section 51J Delegation of CSTTC's functions
Omit "or Roads and Maritime Services" from section 51J(3)(a).
[2] Sections 51K(1)(b) and 51M(5)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.6 Community Land Management Act 1989 No 202
Section 116 Open and private access ways
Omit "Roads and Maritime Services" wherever occurring in paragraphs (b) and (c) of the
definition of authorised person in section 116(7).
Insert instead "Transport for NSW".
4.7 Conveyancing (General) Regulation 2018
Clause 25 Subdivision, consolidation or acquisition of part of land in a folio
Omit "Roads and Maritime Services" from clause 25(4)(a).
Insert instead "Transport for NSW".
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4.8 Conveyancing (Sale of Land) Regulation 2017
[1] Schedule 3 Prescribed warranties
Omit "Roads and Maritime Services," from clause 5.
[2] Schedule 4 Exempt contracts, options and land
Omit "Roads and Maritime Services" from clause 3.
Insert instead "Transport for NSW".
4.9 Crime Commission Act 2012 No 66
Section 78A Vetting of prospective staff
Omit "Roads and Maritime Services" from section 78A(2)(c).
Insert instead "Transport for NSW".
4.10 Criminal Procedure Regulation 2017
Schedule 3 NSW Government agencies and statutory bodies required to pay court
fees
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.11 Crown Land Management Regulation 2018
[1] Clause 59 Circumstances in which cultivation consent not required
Omit "of Roads and Maritime Services" from the Table to clause 59(1).
Insert instead "of Transport for NSW".
[2] Clause 59(1), Table
Omit "the Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.12 Driving Instructors Act 1992 No 3
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring.
Insert instead "Transport for NSW".
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1).
Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[3] Sections 19(3) and (5), 27(1)(b), 31(6) and 46(1)
Omit "the Authority's" wherever occurring. Insert instead "TfNSW's".
[4] Sections 31, 45 and 46, headings
Omit "Authority" and "Authority's" wherever occurring.
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Schedule 4 Amendments consequent on dissolution of RMS
Insert instead "TfNSW" and "TfNSW's", respectively.
4.13 Dubbo Local Environmental Plan 2011
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly and thirdly occurring in clause
5.1(2).
Insert instead "Transport for NSW".
4.14 Electoral Act 2017 No 66
Section 4(1) (definition of "Photo Card") and notes to sections 34(8)(b) and 45(4)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.15 Electricity Network Assets (Authorised Transactions) Act 2015 No 5
Section 3 Interpretation--key definitions
Omit paragraph (a) of the definition of associated electricity network land.
4.16 Electricity Supply Act 1995 No 94
Section 53A Definitions
Omit ", Transport for NSW or Roads and Maritime Services" from paragraph (c) of the
definition of private land.
Insert instead "or Transport for NSW".
4.17 Environmental Planning and Assessment Act 1979 No 203
Schedule 2 Provisions relating to planning bodies
Omit "Roads and Maritime Services" from clause 30(5).
Insert instead "Transport for NSW".
4.18 Environmental Planning and Assessment Regulation 2000
Clause 136I and Schedule 1, clause 4(1)(j1) and (k)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.19 Explosives Regulation 2013
Clause 52 Activities in port operational areas
Omit "Roads and Maritime Services" from the definition of port authority in clause 52(2).
Insert instead "Transport for NSW".
4.20 Fairfield Local Environmental Plan 2013
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly occurring in clause 5.1(2).
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Schedule 4 Amendments consequent on dissolution of RMS
Insert instead "Transport for NSW".
4.21 Fines Act 1996 No 99
[1] Whole Act
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
[2] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Transport for NSW means Transport for NSW constituted under the
Transport Administration Act 1988.
4.22 Fisheries Management Act 1994 No 38
Section 242A Access to information by fisheries officers
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.23 Fisheries Management (Ocean Hauling Share Management Plan)
Regulation 2006
Appendix, Schedule 3
Omit "Roads and Maritime Services" from the matter relating to Trial Bay South West
Rocks.
Insert instead "Transport for NSW".
4.24 Government Telecommunications Act 2018 No 67
Section 34 Access to Authority's infrastructure
Omit section 34(5)(c). Insert instead--
(c) to occupy a classified road within the meaning of the Roads Act 1993
without the consent of Transport for NSW constituted under the
Transport Administration Act 1988 or the relevant roads authority.
4.25 Graffiti Control Act 2008 No 100
[1] Section 13A Definitions
Omit the definition of Authority. Insert in alphabetical order--
Transport for NSW means Transport for NSW constituted under the
Transport Administration Act 1988.
[2] Sections 13D(3) and 13G(2)
Omit "the Authority" wherever occurring. Insert instead "Transport for NSW".
4.26 Health Records and Information Privacy Regulation 2017
Clause 7 Use or disclosure of health information--organ donor registers
Omit "Roads and Maritime Services" from clause 7(1)(b).
Insert instead "Transport for NSW".
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Schedule 4 Amendments consequent on dissolution of RMS
4.27 Heavy Vehicle (Adoption of National Law) Act 2013 No 42
[1] Section 3 Definitions
Omit the definition of RMS from section 3(1).
Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Sections 16, 17(2) and (3), 25, 27 and 27B(b) and (c), Schedule 1.1[3] and Schedule 3,
clause 6
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[3] Sections 25 and 27, headings
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[4] Section 25(1)
Omit "RMS's". Insert instead "TfNSW's".
[5] Schedule 1 Modification of Heavy Vehicle National Law as applying in New South
Wales
Omit the definition of RMS (not including the note) in Schedule 1.1[1].
Insert instead--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[6] Schedule 1.1[2]
Omit "RMS". Insert instead "TfNSW".
4.28 Impounding Act 1993 No 31
[1] Section 5 Who can impound and what can be impounded
Omit "The power to impound conferred by this Act on an impounding officer of Roads and
Maritime Services is limited to the impounding of motor vehicles, unless the regulations
otherwise provide." from section 5(1).
[2] Section 43 Police required to provide assistance on request
Omit "Roads and Maritime Services" from section 43(2).
Insert instead "Transport for NSW".
[3] Dictionary
Omit "the control of Roads and Maritime Services" from the definition of area of
operations.
Insert instead "the control of Transport for NSW".
[4] Dictionary, definition of "area of operations"
Omit the following--
• in the case of an impounding officer appointed by Transport for NSW,
land owned by or under the control of that body,
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Schedule 4 Amendments consequent on dissolution of RMS
• in the case of an impounding officer appointed by Roads and Maritime
Services, any road, land along or near the line of a road, land vested in
Roads and Maritime Services, and a bridge, ferry or tunnel vested in or
subject to the administration or control of Roads and Maritime Services,
Insert instead--
• in the case of an impounding officer appointed by Transport for NSW--
-- land owned by or under the control of Transport for NSW, and
-- without limiting the above, any road, land along or near the line
of a road, land vested in Transport for NSW, and a bridge, ferry
or tunnel vested in or subject to the administration or control of
Transport for NSW,
[5] Dictionary, definition of "impounding authority"
Omit the matter relating to Roads and Maritime Services.
4.29 Independent Commission Against Corruption Act 1988 No 35
Section 104C Vetting of prospective staff or consultants
Omit "Roads and Maritime Services" from section 104C(2)(c).
Insert instead "Transport for NSW".
4.30 Independent Pricing and Regulatory Tribunal Act 1992 No 39
Schedule 1 Government agencies for which Tribunal has standing reference
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.31 Industrial Relations Act 1996 No 17
[1] Schedule 1 Persons deemed to be employees
Omit "RMS" from the heading to clause 1(l). Insert instead "Transport for NSW".
[2] Schedule 1, clauses 1(l) and 2(2)(c) (definition of "road work")
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
[3] Schedule 1, clause 1(l)
Omit "RMS". Insert instead "Transport for NSW".
4.32 Jury Act 1977 No 18
Section 75A Information to be supplied to sheriff
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
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Schedule 4 Amendments consequent on dissolution of RMS
4.33 Law Enforcement and National Security (Assumed Identities) Act 2010
No 73
Section 4 Definitions
Omit "Roads and Maritime Services" from the note to the definition of government issuing
agency in section 4(1).
Insert instead "Transport for NSW".
4.34 Law Enforcement Conduct Commission Act 2016 No 61
Section 189 Vetting of prospective staff or consultants
Omit "Roads and Maritime Services" from section 189(2)(c).
Insert instead "Transport for NSW constituted under the Transport Administration Act
1988".
4.35 Liquor Act 2007 No 90
Section 4 Definitions
Omit "Roads and Maritime Services" from paragraph (a) of the definition of evidence of
age document in section 4(1).
Insert instead "Transport for NSW".
4.36 Liquor Regulation 2018
Clause 29 Preparation of CIS--consultation requirements
Omit clause 29(3)(f). Insert instead--
(f) Transport for NSW,
4.37 Local Government Act 1993 No 30
Dictionary
Omit "Roads and Maritime Services" from the definition of parking authority for a person
with disabilities.
Insert instead "Transport for NSW".
4.38 Local Government (General) Regulation 2005
[1] Clauses 27 and 65
Omit "the Roads and Traffic Authority" wherever occurring.
Insert instead "Transport for NSW".
[2] Clause 53 Matters to be taken into consideration by council in determining whether
to approve the operation of a public car park
Omit "Roads and Traffic Authority's views" from clause 53(a).
Insert instead "views of Transport for NSW".
[3] Clause 65 Concurrence required for operation of public car park
Omit "The Authority". Insert instead "Transport for NSW".
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Schedule 4 Amendments consequent on dissolution of RMS
[4] Clause 275 Definitions
Omit "Roads and Maritime Services" from the definition of Photo Card in clause 275(1).
Insert instead "Transport for NSW".
4.39 Major Events Act 2009 No 73
[1] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Sections 26(2) and (3), 27(6), (7) and (9), 28(2), 29, 30(6) and 32(2)(e)
Omit "RMS" wherever occurring. Instead instead "TfNSW".
4.40 Marine Pollution Act 2012 No 5
[1] Section 3 Definitions
Omit "Roads and Maritime Services" from paragraph (a) of the definition of certified.
Insert instead "Transport for NSW".
[2] Section 247 Delegation
Omit paragraph (a) of the definition of approved person in section 247(3).
4.41 Marine Pollution Regulation 2014
[1] Clause 3 Definitions
Omit the definition of RMS from clause 3(1). Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Clauses 18(b), 45(3) and (5), 46(3) and (5), 47(3) and (5), 48(5) and (7), 50(4) and (6),
53(1)(c) and (3) and 56(c)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
4.42 Marine Safety Act 1998 No 121
[1] Sections 4(1) (definition of "responsible licensing official"), 19H(2) and (3), 28A(5),
33(1A), 39(2A), 63A(4A), 96(1)(a), 111(3) and (5), 125M(2), 133(1) and (2), 134(1)(c),
135A(4) and 139 and Schedule 1A, clause 15(1) and (2)
Omit "RMS" wherever occurring. Insert instead "Transport for NSW".
[2] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[3] Sections 19A(2)(a), 19B(5), 19C(3)(b), 19D(1), 19G(3), 19I, 19J(5), 19K(2)-(5), 19L and
19M(1)-(3) and (5) and Schedule 1A, clause 4(1) (definition of "appropriate inspection
officer")
Omit "Chief Executive of RMS" wherever occurring.
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Schedule 4 Amendments consequent on dissolution of RMS
Insert instead "Transport for NSW".
[4] Section 19D Removal, impounding and production of vessel
Omit "Chief Executive" where secondly occurring in section 19D(1).
Insert instead "Transport for NSW".
[5] Section 19M Disposal of vessels
Omit "or RMS" wherever occurring in section 19M(5) and (6).
[6] Section 19N Protection from liability with respect to impounding and other matters
Omit "or Chief Executive of RMS, RMS".
[7] Section 19O Failure to prosecute
Omit "or Chief Executive of RMS, RMS" from section 19O(1).
Insert instead ", Transport for NSW".
[8] Section 111 Action by Minister following report of investigation
Omit "RMS," from section 111(2)(f).
[9] Section 136A Reliance on advice
Omit ", TfNSW or RMS" wherever occurring. Insert instead "or TfNSW".
[10] Section 136A(2)
Omit ", RMS".
4.43 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78
Section 11 Appointment of interstate officers
Omit "Roads and Maritime Services" from section 11(2).
Insert instead "Transport for NSW".
4.44 Marine Safety Regulation 2016
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit "RMS" wherever occurring. Insert instead "Transport for NSW".
[2] Clauses 55B(1) and (4) and 55C(1), (4) and (5)
Omit "Chief Executive of RMS" wherever occurring.
Insert instead "Transport for NSW".
[3] Clause 55C Disposal of impounded vessels forfeited to the Crown
Omit "Chief Executive" where secondly and thirdly occurring in clause 55C(5).
Insert instead "Transport for NSW".
[4] Schedule 6 Requirements relating to Sydney Cove
Omit "RMS or" from the definition of wharf authorisation in clause 1.
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Schedule 4 Amendments consequent on dissolution of RMS
[5] Schedule 6, clause 2(1)
Omit "RMS," wherever occurring.
4.45 Mining Regulation 2016
Clause 70 Protected documents not admissible in certain proceedings or otherwise
protected
Omit clause 70(2)(i). Insert instead--
(i) Transport for NSW,
4.46 Motor Accident Injuries Act 2017 No 10
[1] Section 1.4 Definitions
Omit the definition of RMS from section 1.4(1). Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Sections 2.5(4), 2.6(1), 2.8(4)-(10) and 2.15
Omit "RMS" wherever occurring. Insert instead "TfNSW".
4.47 Motor Accident Injuries Regulation 2017
Clauses 5(b) and (e)(i) and 6(1)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
4.48 Motor Accidents Act 1988 No 102
Sections 141(1)(a2), 148(2)-(4) and 149(1) and (2)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.49 Motor Accidents Compensation Act 1999 No 41
[1] Section 3 Definitions
Omit the definition of RMS. Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Sections 11(4), 12(1), 14(4)-(6B) and 19(1)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
4.50 Motor Dealers and Repairers Act 2013 No 107
[1] Sections 4(1) (definition of "inspection report"), 59(a), 97(2) and 182(6) (definition of
"relevant authority")
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
[2] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
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Schedule 4 Amendments consequent on dissolution of RMS
Transport for NSW means Transport for NSW constituted under the
Transport Administration Act 1988.
[3] Section 149 Authorised officers
Omit "the Chief Executive of Roads and Maritime Services" wherever occurring in
paragraph (e) of the definition of authorised officer in section 149(1) and in section 149(2).
Insert instead "Transport for NSW".
[4] Section 156 Proceedings
Omit section 156(1)(c). Insert instead--
(c) the Secretary of the Department of Transport or, in the name of the
Secretary of the Department of Transport, a person acting with the
authority of that Secretary.
4.51 Motor Dealers and Repairers Regulation 2014
Clause 56 Penalty notice officers
Omit "the Chief Executive of Roads and Maritime Services" from clause 56(d).
Insert instead "Transport for NSW".
4.52 Motor Racing (Sydney and Newcastle) Act 2008 No 106
Section 43 Regulations
Omit "Roads and Maritime Services" from section 43(2)(h).
Insert instead "Transport for NSW".
4.53 Motor Racing (Sydney and Newcastle) Regulation 2017
Clause 4
Omit the clause. Insert instead--
4 Consultation with Transport for NSW regarding authorised works
Transport for NSW is prescribed for the purposes of sections 17(5)(c) and
18(a)(iiib) of the Act.
4.54 Motor Vehicles Taxation Act 1988 No 111
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring.
Insert instead "Transport for NSW".
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1). Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[3] Section 21, heading
Omit "Authority". Insert instead "TfNSW".
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Schedule 4 Amendments consequent on dissolution of RMS
[4] Section 22 Exemptions etc may be revoked or varied
Omit "Authority or officer". Insert instead "Transport for NSW or the officer".
[5] Section 22A, heading
Omit "and Maritime Services".
[6] Section 22A(1), definition of "Roads Fund"
Omit "Roads and Maritime Services". Insert instead "TfNSW".
4.55 National Parks and Wildlife Act 1974 No 80
[1] Section 184A, heading
Omit "RMS". Insert instead "TfNSW".
[2] Section 184A(1)
Omit the definition of RMS from section 184A(1). Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[3] Section 184A(2)(b)
Omit "RMS". Insert instead "the Roads and Traffic Authority".
[4] Section 184A(2), note
Insert at the end of the subsection--
Note. The excised land is now vested in TfNSW as the successor to the RTA and RMS.
[5] Section 184A(4)-(6) and (8)(a)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[6] Schedule 16, heading
Omit "RMS". Insert instead "Transport for NSW".
4.56 Newcastle Local Environmental Plan 2012
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" wherever occurring in clause 5.1(2), except where
firstly occurring.
Insert instead "Transport for NSW".
4.57 Parramatta (former The Hills) Local Environmental Plan 2012
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly occurring in clause 5.1(2).
Insert instead "Transport for NSW".
4.58 Parramatta Local Environmental Plan 2011
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly occurring in clause 5.1(2).
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Insert instead "Transport for NSW".
4.59 Passenger Transport Act 1990 No 39
[1] Whole Act (except Schedule 3 and where otherwise amended by this Subschedule)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[2] Section 3 Definitions
Omit the definition of Roads and Maritime Services or RMS from section 3(1).
[3] Sections 46H(2) and (3) and 62(2)
Omit "RMS or" wherever occurring.
[4] Section 46NA Meaning of "appropriate authority"
Omit paragraph (b) of the definition of appropriate authority.
[5] Sections 46R(2)(f)(ii) and 46W(2), (3), (6) and (7)
Omit the provisions.
[6] Sections 46W(5) and 47(1) and (2)
Omit "or RMS" wherever occurring.
[7] Section 47, heading
Omit "or RMS".
[8] Section 66 Exclusion of liability of the State
Omit "the Chief Executive of Roads and Maritime Services or an officer of the Ministry of
Transport, the Chief Investigator or Roads and Maritime Services".
Insert instead "the Secretary of the Department of Transport, a person employed in the
Transport Service or a member of staff of the Chief Investigator".
4.60 Passenger Transport Act 2014 No 46
[1] Whole Act (except Schedule 3 and where otherwise amended by this Subschedule)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[2] Section 4 Definitions
Omit the definition of Roads and Maritime Services or RMS from section 4(1).
[3] Section 12 Definitions
Omit the section.
[4] Sections 13(1)(a), 17(2) and (3)(a) and (b), 18(5)(c), 21, 22(1), 23(1), 26, 27, 33(2) and
35(1)(a)
Omit "the accrediting authority" wherever occurring. Insert instead "TfNSW".
[5] Sections 17(4) and (5), 18(1) and (2), 19, 20(2) (including the note), 26(2) and (3) and
33(1) (including the note) and (3)
Omit "The accrediting authority" wherever occurring. Insert instead "TfNSW".
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[6] Section 20 Grants of accreditation
Omit "an accrediting authority" from section 20(1). Insert instead "TfNSW".
[7] Section 20(2)
Omit "the authority". Insert instead "TfNSW".
[8] Section 24 Notice of accreditation decision
Omit "An accrediting authority" from section 24(1). Insert instead "TfNSW".
[9] Sections 152(2)-(4), 153 and 170(1)(a)
Omit the provisions.
[10] Section 152 Appointment of authorised officers by TfNSW
Omit "and section 153" from section 152(5).
[11] Sections 152(5) and 170(3) and (4)
Omit "RMS," wherever occurring.
[12] Sections 154, 156(1) and (3), 157(3), 166(6) (definition of "authorised officer") and
169(3)
Omit "or RMS" wherever occurring.
[13] Sections 159(2)-(4), 171(1)-(3), 172(3) and 174(1)
Omit "RMS or" wherever occurring.
[14] Schedule 1 Investigation and inspection powers
Omit the definition of appropriate authority from clause 25.
[15] Schedule 1, clause 28
Omit "The appropriate authority for an authorised officer must pay compensation for any
damage caused by the".
Insert instead "TfNSW must pay compensation for any damage caused by an".
[16] Schedule 4 Amendment of Acts
Omit Schedule 4.12[14].
[17] Schedule 4.12[22A]
Insert after Schedule 4.12[22]--
[22A] Schedule 1, clause 8F(4)
Omit "section 46E of the Passenger Transport Act 1990".
Insert instead "section 150 of the Passenger Transport Act 2014".
4.61 Passenger Transport (Drug and Alcohol Testing) Regulation 2010
[1] Clauses 14(3)(b) and (4) and 27-30
Omit "RMS" wherever occurring. Insert instead "TfNSW".
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Schedule 4 Amendments consequent on dissolution of RMS
[2] Clause 29, heading
Omit "RMS". Insert instead "TfNSW".
4.62 Passenger Transport (General) Regulation 2017
[1] Whole Regulation (except clause 239B and where otherwise amended by this
Subschedule)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[2] Clauses 80(1)(d) and 90(2)(a)
Omit "RMS's" wherever occurring. Insert instead "TfNSW's".
[3] Clause 239 Authorised officers
Omit "and (2)" from clause 239(1).
[4] Clause 239(1)(a)
Omit the paragraph.
[5] Clause 239(1)(g)
Omit "RMS or".
[6] Clause 239(2)
Omit "or RMS (whichever of those statutory corporations appointed the person as an
authorised officer)".
[7] Clause 239A Delegation to authorised persons
Omit clause 239A(b).
4.63 Petroleum (Onshore) Regulation 2016
Clause 18 Protected voluntary audit documents not admissible in certain
proceedings or otherwise protected--section 83K
Omit clause 18(2)(i). Insert instead--
(i) Transport for NSW,
4.64 Photo Card Act 2005 No 20
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring.
Insert instead "Transport for NSW".
[2] Section 3 Definitions
Omit the definition of Authority from section 3(1).
Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[3] Section 4, heading
Omit "the Authority". Insert instead "TfNSW".
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[4] Sections 5 and 31, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
4.65 Photo Card Regulation 2014
[1] Clause 6, heading
Omit "Authority". Insert instead "TfNSW".
[2] Clause 6
Omit "The Authority". Insert instead "Transport for NSW".
[3] Clauses 8(1), 9(1)-(3) and 10
Omit "the Authority" wherever occurring. Insert instead "Transport for NSW".
4.66 Pipelines Act 1967 No 90
[1] Section 3 Definitions
Omit "Rail Infrastructure Corporation, Roads and Maritime Services" from paragraph (a)
of the definition of public authority in section 3(1).
Insert instead "Transport for NSW".
[2] Section 3(1), paragraph (a) of definition of "public authority"
Omit ", Transport Infrastructure Development Corporation".
4.67 Pipelines Regulation 2013
[1] Clause 8, heading
Omit "RMS". Insert instead "Transport for NSW".
[2] Clause 8
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.68 Place Management NSW Act 1998 No 170
Section 18 Management of land of other public authorities
Omit paragraph (b) of the definition of public authority in section 18(5). Insert instead--
(b) Transport for NSW constituted under the Transport Administration Act
1988,
4.69 Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34
[1] Section 3 Definitions
Omit the definition of RMS from section 3(1).
[2] Section 25 Dismissal or other victimisation of worker
Omit "RMS," from the definition of public authority in section 25(6).
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[3] Section 130 Return of number-plates
Omit "RMS" from section 130(2). Insert instead "TfNSW".
[4] Section 149 Exchange of information
Omit "or RMS" from paragraph (c) of the definition of relevant agency in section 149(5).
4.70 Point to Point Transport (Taxis and Hire Vehicles) (Industry
Adjustment) Regulation 2016
[1] Schedule 1 Adjustment assistance for taxi and hire vehicle industries
Omit "RMS" wherever occurring in clauses 1(1) (definition of taxi licence register),
5A(1)(e), 9(4)(d) and 16.
Insert instead "TfNSW".
[2] Schedule 1, clauses 10(d) and 10A(1)(d)
Omit "RMS," wherever occurring.
[3] Schedule 1, clauses 10(e) and 10A(1)(e)
Omit the paragraphs.
4.71 Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017
Clause 87 Authorised officers
Omit ", Roads and Maritime Services" from clause 87(1)(c).
4.72 Police Act 1990 No 47
Section 96B Vetting of prospective members of NSW Police Force or consultants
Omit "Roads and Maritime Services" from section 96B(2)(c).
Insert instead "Transport for NSW".
4.73 Port Stephens Local Environmental Plan 2013
Clause 6.5 Infrastructure--Pacific Highway access
Omit "Roads and Maritime Services" from clause 6.5(2).
Insert instead "Transport for NSW".
4.74 Ports and Maritime Administration Act 1995 No 13
[1] Whole Act (except Schedule 5 and where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
Insert instead "Transport for NSW".
[2] Long title
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
[3] Section 3 Definitions
Omit the definition of the Authority from section 3(1).
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Schedule 4 Amendments consequent on dissolution of RMS
Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[4] Sections 33 and 41 and Part 4, Divisions 2 and 3, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[5] Section 34 Maritime Advisory Council
Omit "the Authority's" from section 34(4)(b). Insert instead "TfNSW's".
[6] Part 4, heading
Omit "Roads and Maritime Services". Insert instead "TfNSW".
[7] Section 43B, heading
Omit "the Authority". Insert instead "TfNSW or Port Authority of NSW".
[8] Sections 43E(2) and (6) (definition of "landside precinct"), 43F(1)(b) and (2), 43G(2),
(3) and (5)-(9), 85C, 85D(1), (2) and (4), 85E(1) and (3)-(5), 105B(3) and 105C(7)
Omit ", Transport for NSW" wherever occurring.
[9] Section 85A Access to wharves
Omit "or Transport for NSW" wherever occurring in the definition of wharf authorisation
and the note to that definition in section 85A(2).
4.75 Ports and Maritime Administration Regulation 2012
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring.
Insert instead "Transport for NSW".
[2] Clause 19 Interpretation
Omit the definition of Transport for NSW or TfNSW from clause 19(1).
[3] Clauses 67G(2), 67H, 67ZB(2) and 67ZC
Omit "the Authority's" wherever occurring. Insert instead "TfNSW's".
[4] Clauses 67K, 67ZI and 67ZK, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[5] Clauses 67Q (paragraph (b) of definition of "traffic control device"), 67S(1)(b), 67U(b)
and 67ZM(2)
Omit ", Transport for NSW" wherever occurring.
[6] Clause 68A Delegation of certain functions of Minister
Omit the clause.
4.76 Ports Assets (Authorised Transactions) Act 2012 No 101
Section 3 Interpretation--key definitions
Omit paragraph (a) of the definition of associated port land. Insert instead--
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Schedule 4 Amendments consequent on dissolution of RMS
(a) Transport for NSW,
4.77 Protection of the Environment Operations Act 1997 No 156
Sections 165(3) and 166(1) and Dictionary, definition of "marine authority"
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.78 Protection of the Environment Operations (General) Regulation 2009
[1] Clauses 81(6)(n), 86(1) and 94(1)(b)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
[2] Clause 81 Enforcement officers
Omit "a member of staff of Transport for NSW" from clause 81(6)(o).
Insert instead "a person employed in the Transport Service".
[3] Clause 81(6), note
Omit "See also section 68HA(5) of the Transport Administration Act 1988 in relation to
references to the staff of Roads and Maritime Services and the staff of Transport for NSW.".
[4] Clause 86, heading
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
[5] Clause 86(2)
Omit the subclause. Insert instead--
(2) In this clause--
Transport for NSW means Transport for NSW constituted under the
Transport Administration Act 1988.
4.79 Protection of the Environment Operations (Noise Control) Regulation
2017
Clause 29 Exemptions for emergency-related vehicles
Omit "Roads and Maritime Services, Transport for NSW," from clause 29(c).
Insert instead "Transport for NSW".
4.80 Public Works and Procurement Act 1912 No 45
[1] Section 154, heading
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
[2] Sections 154(1)-(4) and 155(2)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
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4.81 Queanbeyan Local Environmental Plan 2012
Schedule 2 Exempt development
Omit "Roads and Maritime Services" from the matter under the heading "Street banners
and sails on or over roads".
Insert instead "Transport for NSW".
4.82 Recreation Vehicles Act 1983 No 136
Sections 15 (definition of "approved"), 16, 17(1), 18, 19(1) and (3)(b), 21, 22, 30(2),
32(1) and (4), 41 and 43(a)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.83 Road Improvement (Special Funding) Act 1989 No 95
[1] Section 3 Definitions
Omit the definition of Authority.
[2] Section 3, definition of "Roads Fund"
Omit "Roads and Maritime Services". Insert instead "TfNSW".
[3] Section 5 Appropriated money subject to statutory trust for road funding
Omit "the Authority" and "The Authority" wherever occurring in section 5(1) and (3).
Insert instead "Transport for NSW".
4.84 Road Rules 2014
[1] Whole Rules (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
Insert instead "Transport for NSW".
[2] Rules 155A(4-1), 157-1(4), 158(4) (definition of "special purpose vehicle"), 268(7),
268-1, 268-3(3) and 271(6) and Dictionary (definitions of "approved bicycle helmet",
"authorised person" and "emergency worker")
Omit note 1.
[3] Rules 158(2), 218-1, 267(1), 289(1) and 294-3(1)
Omit ", and Authority is defined in the Act" wherever occurring in note 1.
[4] Rules 213-1(1), 222-2(5), 294-2(3) and 300-3(1)
Omit the notes.
[5] Rules 289(1) and 294-3(1)
Omit "Dictionary," wherever occurring in note 1. Insert instead "Dictionary and".
[6] Rule 267-1(5), note
Omit "Authority is defined in the Act.".
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[7] Dictionary, introductory note 1
Omit the first dot point.
4.85 Road Transport Act 2013 No 18
[1] Whole Act (except Schedule 4 and where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
Insert instead "Transport for NSW".
[2] Section 4 Definitions
Omit the definition of the Authority from section 4(1).
Insert in alphabetical order--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[3] Part 3.1 and Part 4.1, Division 1, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[4] Sections 28, 62, 63, 65, 85, 204(5) and 277 and Schedule 2, clauses 8, 10, 11 and 17,
headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[5] Section 48(5) and Schedule 2, clause 20
Omit "Roads and Maritime Services Fund" wherever occurring.
Insert instead "TfNSW Fund".
[6] Section 57 Release of photographs prohibited
Omit section 57(1)(b). Insert instead--
(b) in connection with the exercise of its functions under the Passenger
Transport Act 2014, or
[7] Section 75 Direction to provide documents concerning use of interstate registered
vehicles
Omit "the Authority or officer" wherever occurring in section 75(1).
Insert instead "Transport for NSW or the officer".
[8] Section 78 Use of dangerously defective motor vehicles
Omit "Authority's" from section 78(6)(a). Insert instead "TfNSW's".
[9] Section 80(2) and Schedule 2, clause 10(5)
Omit "the Authority's" wherever occurring. Insert instead "TfNSW's".
[10] Section 148U Delegation
Omit "Transport for NSW or".
[11] Section 221C Application for removal of licence disqualifications
Omit "Roads and Maritime Services" from section 221C(3)(b).
Insert instead "Transport for NSW".
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[12] Section 253 Protection from liability with respect to impounding, removal of
number-plates and crash testing and other matters
Omit "the Authority,".
[13] Section 258 Proof of appointments and signatures unnecessary
Omit paragraph (a) of the definition of office holder in section 258(3). Insert instead--
(a) the Secretary of the Department of Transport, or
[14] Schedule 2 Registration charges for heavy vehicles
Omit "Authority" from clause 19(1)(a). Insert instead "Transport for NSW".
[15] Schedule 2, clause 19(3)
Omit "Minister, Authority or". Insert instead "Minister, Transport for NSW or the".
4.86 Road Transport (Driver Licensing) Regulation 2017
[1] Whole Regulation (except clause 107)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
Insert instead "Transport for NSW".
[2] Clauses 17(2), 22(1)(b), 29(1)(b), 36(2)(c), (5) and (6), 69(2)(b) and 114(3) and Schedule
3, item 6
Omit "the Authority's" wherever occurring. Insert instead "TfNSW's".
[3] Clause 36(6)
Omit "The Authority's". Insert instead "TfNSW's".
[4] Clauses 35, 35A, 50, 65, 83, 94, 95, 105, 114 and 120, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[5] Clause 104, heading
Omit "Release of information to". Insert instead "Use of information by".
[6] Clause 104
Omit "The Authority may provide to Transport for NSW any information recorded in the
driver licence register for the purpose of assisting Transport for NSW to exercise".
Insert instead "Subject to any limitation under clause 107, Transport for NSW may use
information recorded in the driver licence register for the purpose of exercising".
[7] Clause 107 Use of information for the purposes of the mandatory alcohol interlock
program
Omit "The Authority or" from clause 107(1).
4.87 Road Transport (General) Regulation 2013
[1] Whole Regulation (except Schedule 2 and where otherwise amended by this
Subschedule)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
Insert instead "Transport for NSW".
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[2] Clause 3 Definitions
Omit the definition of Authority guidelines from clause 3(1). Insert in alphabetical order--
TfNSW guidelines means guidelines in force under clause 83.
[3] Clauses 7, 45, 50K, 83, 97, 107 and 141, headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[4] Clause 53 Manner of approval of aspects of data recording and related matters
Omit "the Chief Executive of the Authority or by another person" from clause 53(b).
Insert instead "a person".
[5] Clauses 55(1)(b) and 59(1)(b)
Omit "the Chief Executive of the Authority, or by another person" wherever occurring.
Insert instead "a person".
[6] Clauses 60(2)(a), (4) and (8), 66(1), (2)(a), (4) and (7), 73(1), (2)(a) and (4), 78(1), (2)(a)
and (4) and 82(1)
Omit "Authority guidelines" wherever occurring. Insert instead "TfNSW guidelines".
[7] Clause 79(b)
Omit "the Authority guidelines". Insert instead "TfNSW guidelines".
[8] Clause 83(2) and (3)
Omit "an Authority" wherever occurring. Insert instead "a TfNSW".
[9] Clause 140, heading
Omit "Authority's". Insert instead "TfNSW's".
[10] Schedule 4 Authorised officers
Omit the definitions of Class 2 officer, Class 4 officer and Class 16 officer.
Insert in alphabetical order--
Class 2 officer means a person--
(a) employed in the Transport Service who is appointed as a class 2
enforcement officer, or
(b) who is subject to the control and direction of Transport for NSW as a
class 2 enforcement officer.
Class 4 officer means a person--
(a) employed in the Transport Service who is appointed as a class 4
enforcement officer, or
(b) who is subject to the control and direction of Transport for NSW as a
class 4 enforcement officer.
Class 16 officer means a person employed in the Transport Service who is
appointed as a Traffic Commander or a Transport Commander.
4.88 Road Transport (Vehicle Registration) Regulation 2017
[1] Whole Regulation (except where otherwise amended by this Subschedule)
Omit "the Authority" and "The Authority" wherever occurring (including in any notes).
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Schedule 4 Amendments consequent on dissolution of RMS
Insert instead "Transport for NSW".
[2] Clauses 23, 24, 38, 45, 70, 74 and 86, Part 8, Division 4 and Schedule 2, clause 11E,
headings
Omit "Authority" wherever occurring. Insert instead "TfNSW".
[3] Clauses 41, 123N, 123O, 123P and 123Q, headings
Omit "the Authority" wherever occurring. Insert instead "TfNSW".
[4] Clause 45(1)(d), note
Omit "RMS". Insert instead "TfNSW".
[5] Clauses 64(2)(a) and 85(3)
Omit "the Authority" wherever occurring. Insert instead "TfNSW".
[6] Clauses 64(2)(c), 105(1)(c)(ii), 119(1)(b), 121(1)(d), 123J(1)(c)(ii), 123Y(1)(b) and
123ZA(1)(c)
Omit "the Authority's" wherever occurring. Insert instead "TfNSW's".
[7] Clause 66 Directed inspections
Omit "police officer" wherever occurring in clause 66(2) and (3).
Insert instead "the police officer".
[8] Dictionary
Omit the definition of Authority standard compliance specifications.
Insert in alphabetical order--
TfNSW standard compliance specifications means any specifications that
Transport for NSW, by order published in the Gazette, has declared to be
specifications the compliance with which will be taken to be compliance with
the applicable vehicle standards for the purposes of clause 64 or 85.
4.89 Roads Act 1993 No 33
[1] Whole Act (except where otherwise amended by this Subschedule)
Omit "RMS" and "RMS's" wherever occurring.
Insert instead "TfNSW" and "TfNSW's", respectively.
[2] Section 32B Definitions
Omit paragraph (g) of the definition of notifiable authority in section 32B(1).
[3] Dictionary
Omit the definitions of RMS, RMS development land and RMS Fund.
Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
TfNSW development land means land that is declared by TfNSW to be land
to which section 161 applies.
TfNSW Fund means the TfNSW Fund established under the Transport
Administration Act 1988.
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4.90 Roads Regulation 2018
[1] Whole Regulation (except Schedule 1 and where otherwise amended by this
Subschedule)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[2] Clause 74 Authority to enter land
Omit "member of staff of RMS who holds the position of Executive Director" from clause
74(b).
Insert instead "person employed in the Transport Service who is authorised for the purposes
of that section by TfNSW".
[3] Clause 75 Evidentiary certificates
Omit "member of staff of RMS" from clause 75(c).
Insert instead "person employed in the Transport Service".
[4] Schedule 1 Roads authorities
Omit "RMS is declared" wherever occurring. Insert instead "TfNSW is declared".
4.91 Rural Fires Act 1997 No 65
Section 100A Definitions
Omit paragraph (c) of the definition of managed land in section 100A(1).
Insert instead--
(c) that is vested in, or under the control of, Transport for NSW, Sydney
Metro, Transport Asset Holding Entity of New South Wales or Residual
Transport Corporation of New South Wales, or
4.92 Standard Instrument (Local Environmental Plans) Order 2006
Standard Instrument, Clause 5.1 Relevant acquisition authority [compulsory]
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
4.93 State Environmental Planning Policy No 64--Advertising and Signage
[1] Clause 4 Definitions
Omit the definition of RMS from clause 4(1).
[2] Clauses 4(1) (paragraph (c) of definition of "transport corridor land"), 12, 16(1),
17(3)(c), 18(2)-(4) and 31
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[3] Clause 15 Advertisements on rural or non-urban land
Omit "the Roads and Traffic Authority" from clause 15(2)(a)(ii).
Insert instead "TfNSW".
[4] Clause 33 Exempt development
Omit "RMS,".
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4.94 State Environmental Planning Policy (Educational Establishments and
Child Care Facilities) 2017
[1] Clause 13 Consultation with public authorities other than councils
Omit "Roads and Maritime Services" from clause 13(3).
Insert instead "Transport for NSW".
[2] Clause 57 Traffic-generating development
Omit "Roads and Maritime Services (RMS)" from clause 57(2)(a).
Insert instead "Transport for NSW (TfNSW)".
[3] Clause 57(3)(a) and (4)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
4.95 State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008
Clauses 2.114(d)(xiii)(A) and 5.22(c)(i)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
4.96 State Environmental Planning Policy (Gosford City Centre) 2018
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
4.97 State Environmental Planning Policy (Infrastructure) 2007
[1] Clause 5 Interpretation--general
Insert in alphabetical order in clause 5(2)--
Transport for NSW or TfNSW means Transport for NSW constituted under
the Transport Administration Act 1988.
[2] Clauses 16(2)(e), 68(1)(a), 70, 71(1), 72(i)(ii) and 129C(1)
Omit "Roads and Maritime Services" wherever occurring.
Insert instead "Transport for NSW".
[3] Clause 93 Definitions
Omit the definition of RMS.
[4] Clause 93, definition of "road infrastructure facilities"
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[5] Clause 100 Development on proposed classified road
Omit "the chief executive officer of RMS" wherever occurring in clause 100(1), (2)(a), (3)
and (5).
Insert instead "TfNSW".
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[6] Clauses 100(3)(b) and (c) and (4), 102(1), 103(2)(a) and (3) and 104(2A), (3) and (4)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[7] Schedule 3, heading
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.98 State Environmental Planning Policy (Sydney Region Growth Centres)
2006
[1] Appendix 4 Alex Avenue and Riverstone Precinct Plan 2010
Omit "Roads and Traffic Authority" from clause 5.1(2).
Insert instead "Transport for NSW".
[2] Appendix 5 Marsden Park Industrial Precinct Plan
Omit "Roads and Traffic Authority" wherever occurring in clause 5.1(2).
Insert instead "Transport for NSW".
[3] Appendix 6 Area 20 Precinct Plan
Omit "Roads and Traffic Authority" from clause 5.1(2).
Insert instead "Transport for NSW".
[4] Appendix 7 Schofields Precinct Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
[5] Appendix 8 Liverpool Growth Centres Precinct Plan
Omit "Roads and Maritime Services" wherever occurring in clause 5.1(2).
Insert instead "Transport for NSW".
[6] Appendix 9 Camden Growth Centres Precinct Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
[7] Appendix 10 Campbelltown Growth Centres Precinct Plan
Omit "Roads and Maritime NSW" from clause 5.1(2).
Insert instead "Transport for NSW".
[8] Appendix 11 The Hills Growth Centre Precincts Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
[9] Appendix 12 Blacktown Growth Centres Precinct Plan
Omit "Roads and Maritime Services" wherever occurring in clause 5.1(2).
Insert instead "Transport for NSW".
[10] Appendix 13 Hawkesbury Growth Centres Precinct Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
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Insert instead "Transport for NSW".
[11] Appendix 14 South East Wilton Precinct Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
[12] Appendix 15 North Wilton Precinct Plan
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
4.99 State Environmental Planning Policy (Three Ports) 2013
Clause 4 Definitions
Omit "Roads and Maritime Services" from the definition of Channel User Licence
Agreement in clause 4(1).
Insert instead "Transport for NSW".
4.100State Environmental Planning Policy (Western Sydney Employment
Area) 2009
Clause 28 Relevant acquisition authority
Omit "Roads and Maritime Services" from clause 28(2).
Insert instead "Transport for NSW".
4.101Sydney Local Environmental Plan 2012
Schedule 2 Exempt development
Omit "RMS" from the note under the heading "Street art".
Insert instead "Transport for NSW".
4.102Sydney Local Environmental Plan (Glebe Affordable Housing Project)
2011
[1] Clause 5.1 Relevant acquisition authority
Omit "Roads and Traffic Authority" from clause 5.1(2).
Insert instead "Transport for NSW".
[2] Schedule 2 Exempt development
Omit "RMS" from the note under the heading "Street art".
Insert instead "Transport for NSW".
4.103Sydney Local Environmental Plan (Green Square Town Centre) 2013
[1] Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
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[2] Schedule 2 Exempt development
Omit "RMS" from the note under the heading "Street art".
Insert instead "Transport for NSW".
4.104Sydney Local Environmental Plan (Green Square Town Centre--Stage
2) 2013
[1] Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" from clause 5.1(2).
Insert instead "Transport for NSW".
[2] Schedule 2 Exempt development
Omit "RMS" from the note under the heading "Street art".
Insert instead "Transport for NSW".
4.105Sydney Local Environmental Plan (Harold Park) 2011
Schedule 2 Exempt development
Omit "RMS" from the note under the heading "Street art".
Insert instead "Transport for NSW".
4.106Sydney Olympic Park Authority Act 2001 No 57
[1] Section 4 Definitions
Omit the definition of RMS from section 4(1). Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
[2] Sections 19(7), 41(5) and (6), 42 and 45 (including note)
Omit "RMS" wherever occurring. Insert instead "TfNSW".
[3] Section 45
Omit "section 50". Insert instead "section 3I".
4.107Sydney Regional Environmental Plan No 26--City West
[1] Clause 54A Temporary use of land for the purpose of a school at Wentworth Park
Omit "RMS" wherever occurring in clause 54A(4).
Insert instead "TfNSW".
[2] Clause 54A(5)
Omit the definition of RMS. Insert in alphabetical order--
TfNSW means Transport for NSW constituted under the Transport
Administration Act 1988.
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4.108Tattoo Parlours Act 2012 No 32
Section 36 Exchange of information
Omit "or Roads and Maritime Services" from paragraph (c) of the definition of relevant
agency in section 36(4).
4.109Tattoo Parlours Regulation 2013
Clause 12 Additional information and requirements for applications for licences
Omit "Roads and Maritime Services" from the definition of NSW driver licence in clause
12(2).
Insert instead "Transport for NSW constituted under the Transport Administration Act
1988".
4.110Terrorism (High Risk Offenders) Regulation 2018
Clause 6 Prescribed circumstances
Omit item 18 of the table to clause 6(2).
4.111The Hills Local Environmental Plan 2019
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly occurring in clause 5.1(2).
Insert instead "Transport for NSW".
4.112Tow Truck Industry Act 1998 No 111
[1] Section 57 Tow Truck number plates
Omit "Truck" from the section heading. Insert instead "truck".
[2] Section 57(1)
Omit "Roads and Maritime Services".
Insert instead "Transport for NSW".
4.113Transport Administration Act 1988 No 109
Section 3A Metropolitan rail area
Omit "also lodged in the office of Transport NSW" from section 3A(1).
Insert instead "held by TfNSW".
4.114Transport Administration (General) Regulation 2018
Clause 20 Further additional classes of persons to whom TfNSW may delegate
functions
Omit "RMS" wherever occurring. Insert instead "TfNSW".
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Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 4 Amendments consequent on dissolution of RMS
4.115Valuation of Land Regulation 2018
Clause 4 Crown lease restricted land
Omit clause 4(e). Insert instead--
(e) Transport for NSW constituted under the Transport Administration Act
1988,
4.116Victims Rights and Support Act 2013 No 37
Section 75 Access to information about whereabouts of defendant
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.117Water Management (General) Regulation 2018
[1] Schedule 4 Exemptions
Omit "Maritime Authority" from the heading to clause 19.
Insert instead "Transport for NSW".
[2] Schedule 4, clause 19(a)
Omit "Roads and Maritime Services". Insert instead "Transport for NSW".
4.118Waverley Local Environmental Plan 2012
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly and thirdly occurring in clause
5.1(2).
Insert instead "Transport for NSW".
4.119Wollongong Local Environmental Plan 2009
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly and thirdly occurring in clause
5.1(2).
Insert instead "Transport for NSW".
4.120Woollahra Local Environmental Plan 2014
Clause 5.1 Relevant acquisition authority
Omit "Roads and Maritime Services" where secondly and thirdly occurring in clause
5.1(2).
Insert instead "Transport for NSW".
4.121Workers Compensation Regulation 2016
Schedule 6 Maximum costs--compensation matters
Omit "Roads and Maritime Services" from clause 17(a).
Insert instead "Transport for NSW".
Page 78
Statute Law (Miscellaneous Provisions) Bill 2020 [NSW]
Schedule 5 Repeals
Schedule 5 Repeals
Repeal of redundant instruments
The following Acts and instrument, and provisions of an Act are repealed--
Act or instrument Provisions repealed
Statute Law (Miscellaneous Provisions) Act Whole instrument
(No 2) 2018 No 68
Statute Law (Miscellaneous Provisions) Act Whole instrument
(No 2) 2019 No 14
Wool, Hide and Skin Dealers Regulation Whole instrument
2015
Fair Trading Legislation Amendment Schedule 1.2
(Reform) Act 2018 No 65
Page 79
Statute Law (Miscellaneous Provisions) Bill 2020 [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 to an amending provision contained in an Act or
instrument is, if the amending provision has commenced before the Schedule 1
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
Unless 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
Unless 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 instrument,
or provision, the subject of the revocation of repeal is taken not to be, and never to have been,
repealed.
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Statute Law (Miscellaneous Provisions) Bill 2020 [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 81
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