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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
(No 2) 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to make minor amendments to various Acts and Regulations (Schedules 1 and 2), and
(b) to amend certain other Acts and instruments for the purpose of effecting statute law revision
(Schedule 3), and
(c) to repeal an Act and amend an Act to remove references to repealed provisions
(Schedule 4), and
(d) to make other provisions of a consequential or ancillary nature (Schedule 5).
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 makes it clear that the explanatory notes contained in the Schedules do not form part of
the proposed Act.
Schedule 1 Minor amendments
Schedule 1 makes amendments to the following Acts and Regulation:
Associations Incorporation Act 2009 No 7
Environmental Planning and Assessment Act 1979 No 203
b2013-067-36.d09
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Explanatory note
Food Act 2003 No 43
Food Regulation 2010
Health Administration Act 1982 No 135
ocal Government Act 1993 No 30
Photo Card Act 2005 No 20
Public Health Act 2010 No 127
Retirement Villages Act 1999 No 81
Smoke-free Environment Act 2000 No 69
Snowy Hydro Corporatisation Act 1997 No 99
Telecommunications (Interception and Access) (New South Wales) Act 1987 No 290
Transport Administration Act 1988 No 109
Victims Rights and Support Act 2013 No 37
The amendments to each Act and Regulation are explained in detail in the explanatory note
relating to the Act or Regulation concerned set out in Schedule 1.
Schedule 2 Amendments consequent on amalgamation of
Local Government Association of New South
Wales and Shires Association of New South
Wales
Schedule 2 makes amendments to various Acts and a Regulation consequent on the amalgamation
of the Local Government Association of New South Wales and the Shires Association of New
South Wales under the Industrial Relations Act 1996 and the repeal (by Schedule 4) of the Local
Government Associations Incorporation Act 1974.
The nature of the amendments contained in Schedule 2 is explained in detail in the explanatory
note at the beginning of the Schedule.
Schedule 3 Amendments by way of statute law revision
Schedule 3 amends certain Acts and instruments for the purpose of effecting statute law revision.
The amendments to each Act and instrument are explained in detail in the explanatory note
relating to the Act or instrument concerned set out in Schedule 3.
Schedule 4 Repeals
Schedule 4 repeals an Act and amends provisions of an Act.
Clause 1 of the Schedule repeals the Local Government Associations Incorporation Act 1974,
which is redundant as a consequence of the amalgamation of the Local Government Association
of New South Wales and the Shires Association of New South Wales.
Clause 2 of the Schedule removes references in the Marine Safety Act 1998 to redundant
provisions of legislation.
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Explanatory note
Schedule 5 General savings, transitional and other
provisions
Schedule 5 contains savings, transitional and other provisions of general effect.
The purpose of each provision is explained in detail in the explanatory note relating to the
provision concerned set out in the Schedule.
Page 3
First print
New South Wales
Statute Law (Miscellaneous Provisions) Bill
(No 2) 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments consequent on amalgamation of Local Government
Association of New South Wales and Shires Association of
New South Wales 10
Schedule 3 Amendments by way of statute law revision 13
Schedule 4 Repeals 22
Schedule 5 General savings, transitional and other provisions 23
b2013-067-36.d09
New South Wales
Statute Law (Miscellaneous Provisions) Bill
(No 2) 2013
No , 2013
A Bill for
An Act to repeal an Act and to amend certain other Acts and instruments in various respects and
for the purpose of effecting statute law revision; and to make certain savings.
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2013. 3
2 Commencement 4
(1) This Act commences on 3 January 2014. 5
(2) However, the amendments made by the Schedules to this Act commence on the day 6
or days specified in those Schedules in relation to the amendments concerned. If a 7
commencement day is not specified, the amendments commence in accordance with 8
subsection (1). 9
3 Explanatory notes 10
The matter appearing under the heading "Explanatory note" in any of the Schedules 11
does not form part of this Act. 12
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments 1
1.1 Associations Incorporation Act 2009 No 7 2
[1] Section 74 Decision on application for voluntary cancellation 3
Insert after section 74 (3): 4
(4) Any notice to be given to an association under subsection (3) must be sent by 5
post addressed to the association: 6
(a) at the association's official address, or 7
(b) if the Director-General suspects that the association's official address is 8
no longer in use, at such other address as appears to the 9
Director-General to be an address that is used by the association. 10
[2] Section 76 Director-General may cancel registration 11
Omit "given to the association" from section 76 (3) (a). 12
Insert instead "sent to the association by registered post". 13
[3] Section 76 (4) 14
Insert "to be published in the Gazette and" after "fact". 15
[4] Section 76 (5) 16
Omit "registered". 17
[5] Section 80 Effect of transfer of registration declaration 18
Insert after section 80 (2): 19
(3) On cancelling an association's registration, the Director-General is to cause 20
notice of that fact to be published in the Gazette and to be given to the 21
association. 22
(4) Any notice to be given to an association under subsection (3) must be sent by 23
post addressed to the association: 24
(a) at the association's official address, or 25
(b) if the Director-General suspects that the association's official address is 26
no longer in use, at such other address as appears to the 27
Director-General to be an address that is used by the association. 28
[6] Section 82 Notice of cancellation to be sent to association 29
Omit the section. 30
Explanatory note 31
The proposed amendments to the Associations Incorporation Act 2009 simplify the requirement for 32
the Director-General of the Department of Finance and Services to notify an association before and 33
after the cancellation of the association's registration by removing the requirement that notice of 34
cancellation be sent by registered post. 35
Item [1] provides that, if the association's registration is cancelled voluntarily, notice of that 36
cancellation may be sent by ordinary post. (At present, section 82 requires the notice to be sent by 37
registered post.) 38
Item [2] continues the requirement that a notice of the proposed involuntary cancellation of the 39
registration of an association (which states the ground or grounds of that cancellation and gives the 40
association and its members an opportunity to make submissions) must be sent by registered post. 41
Item [3] continues the requirement for notice of the involuntary cancellation of an association's 42
registration to be published in the Gazette (an obligation presently found in section 82). 43
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
Item [4] provides that, if the association's registration is ultimately involuntarily cancelled, notice of 1
that cancellation may be sent by ordinary post (rather than by registered post, as currently required). 2
Item [5] requires notice of the cancellation of an association's registration after the transfer of its 3
registration to registration under a corresponding law to be published in the Gazette (an obligation 4
presently found in section 82) and to be sent to the association by ordinary post (rather than by 5
registered post, as currently required under section 82). 6
Item [6] omits a provision about the giving of notice of cancellations, which will be redundant as a 7
result of the other proposed amendments. 8
1.2 Environmental Planning and Assessment Act 1979 No 203 9
[1] Section 122I Appointment of authorised officers 10
Insert after section 122I (3): 11
(3A) If persons of a class are appointed as authorised officers, they need not be 12
provided with identification cards if the Director-General is satisfied that they 13
possess adequate identification as persons of that class. 14
[2] Section 122I (5) 15
Insert after subsection (4): 16
(5) In subsection (4), identification card means an identification card provided 17
under subsection (3) or identification of the kind referred to in 18
subsection (3A). 19
Explanatory note 20
Item [1] of the proposed amendments to the Environmental Planning and Assessment Act 1979 21
provides that persons of a class appointed as authorised officers for certain enforcement purposes 22
need not be provided with identification cards if the Director-General of the Department of Planning 23
and Infrastructure is satisfied that they possess adequate identification as persons of that class. Item 24
[2] provides that such an authorised officer, in the course of exercising the functions of an authorised 25
officer, must, if requested to do so, produce the identification that he or she possesses as a person 26
of that class. 27
1.3 Food Act 2003 No 43 28
[1] Section 106 Definitions 29
Omit the definition of relevant enforcement agency. 30
[2] Sections 106E and 106F 31
Omit the sections. 32
[3] Section 106I Fees and charges payable under Division 33
Omit section 106I (2). 34
Explanatory note 35
Item [2] of the proposed amendments to the Food Act 2003 removes requirements for the proprietors 36
of certain food businesses to notify the relevant enforcement agency of the appointment of a food 37
safety supervisor and to give notice of any change in the information provided by the proprietor in 38
relation to the food safety supervisor. This information is verified during inspections of food 39
businesses. 40
Items [1] and [3] make consequential amendments. 41
1.4 Food Regulation 2010 42
[1] Part 2A, Division 4 Notices 43
Omit the Division. 44
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
[2] Schedule 2 Penalty notices 1
Omit the matter relating to sections 106E (1) and 106F (1) from Part 1. 2
Explanatory note 3
Item [1] of the proposed amendments to the Food Regulation 2010 (the Regulation) removes 4
provisions of the Regulation prescribing the information to be contained in notices regarding food 5
safety supervisors and exempting proprietors of certain food businesses from such requirements. The 6
proposed amendment is consequent on the repeal of certain provisions of the Food Act 2003 by 7
Schedule 1.3. 8
Item [2] removes references to provisions of the Food Act 2003 that are repealed by Schedule 1.3 9
from a Schedule prescribing offences as penalty notice offences. 10
1.5 Health Administration Act 1982 No 135 11
Schedule 2A Health professional councils 12
Insert in alphabetical order: 13
Aboriginal and Torres Strait Islander Health Practice Council of New South 14
Wales established under the Health Practitioner Regulation National Law 15
(NSW) 16
Explanatory note 17
The proposed amendment to the Health Administration Act 1982 updates the list of health 18
professional councils, for which the Health Administration Corporation is to manage accounts, to 19
make it consistent with the Health Practitioner Regulation National Law (NSW). 20
1.6 Local Government Act 1993 No 30 21
Dictionary 22
Omit "(other than a licence or permit under the Forestry Act 2012)" from paragraph (b) of 23
the definition of lease. 24
Insert instead "(other than a licence under the Forestry Act 2012 or a forest permit under 25
that Act that authorises grazing for a period of less than 12 months, bee-farming or any 26
other activity that does not involve the occupation of a State forest)". 27
Explanatory note 28
The proposed amendment to the Local Government Act 1993 ensures that local council rates will be 29
payable in respect of land in a State forest that is the subject of a forest permit issued under the 30
Forestry Act 2012 for long-term grazing purposes or for purposes that involve the occupation of the 31
land. The amendment reinstates the arrangement that existed prior to the commencement of the 32
Forestry Act 2012 under which areas of State forest occupied under permit were rateable. 33
1.7 Photo Card Act 2005 No 20 34
[1] Section 18 Purposes for which photographs may be kept and used 35
Omit "Division 2 or 3 of Part 5 (Forgery and false instrument offences)" from 36
section 18 (1) (c). 37
Insert instead "Part 4AA (Fraud) or 4AB (Identity offences), Division 2 or 3 of Part 5 38
(Forgery) or Part 5A (False and misleading information)". 39
[2] Section 19 Release of photographs prohibited 40
Omit "Division 2 or 3 of Part 5 (Forgery and false instrument offences)" from 41
section 19 (1) (c). 42
Insert instead "Part 4AA (Fraud) or 4AB (Identity offences), Division 2 or 3 of Part 5 43
(Forgery) or Part 5A (False and misleading information)". 44
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendments to the Photo Card Act 2005 (the Act) update references in the Act to 2
provisions of the Crimes Act 1900 (the Crimes Act) which have been amended to modernise the law 3
relating to fraud and forgery offences and to create new offences relating to identity crime. 4
Item [1] amends a provision that allows for photographs to be kept and used for the purposes of 5
criminal investigations under the Act and under certain provisions of the Crimes Act in connection with 6
fraud, forgery and identity offences involving photo cards. 7
Item [2] amends a provision that allows for photographs and other photographic database matter to 8
be released for the purposes of conducting criminal proceedings under the Act and under certain 9
provisions of the Crimes Act in connection with fraud, forgery and identity offences involving photo 10
cards. 11
1.8 Public Health Act 2010 No 127 12
[1] Section 85 Definitions 13
Omit "Division." from paragraph (c) of the definition of child care facility in section 85 (1). 14
Insert instead: 15
Division, 16
but does not include a service or facility declared by the regulations not to be 17
a child care facility for the purposes of this Division. 18
[2] Section 89, Definitions 19
Omit "woman" and "woman's" from the definition of identifying particulars. 20
Insert instead "person" and "person's", respectively. 21
Explanatory note 22
Item [1] of the proposed amendments to the Public Health Act 2010 (the Act) enables the regulations 23
to exclude certain services or facilities (including pre-school and after school care facilities) from the 24
definition of child care facility in Division 4 of Part 5 of the Act. This will allow the regulations to 25
exclude those facilities from the application of that Division, which sets out the responsibilities of 26
principals of child care facilities with respect to immunisation and outbreaks of vaccine preventable 27
diseases. 28
Item [2] replaces gender-specific language with gender-neutral language. 29
1.9 Retirement Villages Act 1999 No 81 30
[1] Section 4 Definitions 31
Omit "Department of Commerce" from paragraph (a) of the definition of Director-General 32
in section 4 (1). 33
Insert instead "Department of Finance and Services". 34
[2] Section 102A Meaning of "prescribed CPI variation" 35
Omit "the village contract was entered into" from section 102A (1) (a). 36
Insert instead "the date that was 12 months before the date of the proposed variation". 37
Explanatory note 38
Item [2] of the proposed amendments to the Retirement Villages Act 1999 makes it clear that, in 39
relation to the first variation of recurrent charges under a village contract, movements in the Consumer 40
Price Index during the period commencing 12 months before the date of the proposed variation and 41
ending when notice of the proposed variation is given will be taken into account for the purposes of 42
determining which provisions of the Act apply to the giving of notice of such a variation. 43
Item [1] updates a reference to a Department. 44
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
1.10 Smoke-free Environment Act 2000 No 69 1
Section 14A 2
Insert after section 14: 3
14A Police have functions of inspectors in transport-related smoke-free areas 4
A police officer has the functions of an inspector in respect of a person 5
smoking in a smoke-free area referred to in section 6A (1) (d)-(h). 6
Explanatory note 7
The proposed amendment to the Smoke-free Environment Act 2000 gives police officers the functions 8
of inspectors under that Act in order to deal with smokers on railway platforms and stations, ferry 9
wharves, light rail stops, bus stops and taxi ranks. These functions include the power to issue a 10
penalty notice and the power to require a person to stop smoking and to state his or her name and 11
address. 12
1.11 Snowy Hydro Corporatisation Act 1997 No 99 13
[1] Section 32 Local water extraction 14
Omit "Water Administration Ministerial Corporation under" from section 32 (1). 15
Insert instead "Minister administering". 16
[2] Section 32 (1) 17
Omit ", that is authorised to be collected and stored by the Snowy water licence, in the 18
Snowy water catchment". 19
Insert instead "under that Act in relation to water that is authorised by the Snowy water 20
licence to be collected and stored in the Snowy water catchment". 21
Explanatory note 22
Item [1] of the proposed amendments to the Snowy Hydro Corporatisation Act 1997 replaces a 23
reference to the Water Administration Ministerial Corporation (the Corporation) in section 32 (1) of 24
that Act with a reference to the Minister administering the Water Management Act 2000 (the 25
Minister). It is the Minister, and not the Corporation, who may grant the licence and approvals 26
referred to in that section. 27
Item [2] clarifies that what is authorised by the Snowy water licence to be collected and stored in the 28
Snowy water catchment is water and changes the word order of the section to make it more readable. 29
1.12 Telecommunications (Interception and Access) (New South Wales) 30
Act 1987 No 290 31
[1] Section 3 Definitions 32
Omit "or a Deputy Commissioner of Police" from paragraph (a) of the definition of 33
certifying officer in section 3 (1). 34
Insert instead ", a Deputy Commissioner of Police, a police officer whose rank is equivalent 35
to that of Assistant Commissioner of the Australian Federal Police or a person authorised 36
to be a certifying officer of the Police Force under section 5AC (4) of the Commonwealth 37
Act". 38
[2] Section 3 (1), definition of "certifying officer" 39
Omit paragraphs (c) and (d). Insert instead: 40
(c) in the case of the Independent Commission Against Corruption: 41
(i) the Commissioner or an Assistant Commissioner of that Commission, 42
or 43
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
(ii) a person authorised to be a certifying officer of the Independent 1
Commission Against Corruption under section 5AC (6) of the 2
Commonwealth Act, or 3
(d) in the case of the Police Integrity Commission: 4
(i) the Commissioner or an Assistant Commissioner of that Commission, 5
or 6
(ii) a person authorised to be a certifying officer of the Police Integrity 7
Commission under section 5AC (8) of the Commonwealth Act, or 8
[3] Section 3 (1), definition of "permitted purpose" 9
Insert after paragraph (f) (i): 10
(ia) an investigation under the Police Integrity Commission Act 1996 of 11
corrupt conduct (within the meaning of section 5A of that Act) of an 12
administrative officer (within the meaning of that Act), or 13
(ib) an investigation under the Police Integrity Commission Act 1996 of 14
misconduct (within the meaning of section 5B of that Act) of a Crime 15
Commission officer (within the meaning of that Act), or 16
[4] Section 3 (1), definition of "permitted purpose" 17
Omit "such an investigation" from paragraph (f) (ii). 18
Insert instead "an investigation covered by subparagraph (i), (ia) or (ib)". 19
Explanatory note 20
The proposed amendments to the Telecommunications (Interception and Access) (New South 21
Wales) Act 1987 (the Principal Act) bring certain definitions in the Principal Act into line with those 22
in the Telecommunications (Interception and Access) Act 1979 of the Commonwealth (the 23
Commonwealth Act). 24
Items [1] and [2] extend the definition of certifying officer to include members of staff authorised to 25
act as such officers under section 5AC of the Commonwealth Act. This includes members authorised 26
by the Commissioners of the Police Force, the Independent Commission Against Corruption and the 27
Police Integrity Commission. In the case of the Police Force, the amendments also authorise high 28
ranking police officers to act as certifying officers under the Principal Act. The proposed amendments 29
will enable such members of staff to certify documents connected with the issue of warrants. 30
Item [3] expands the definition of permitted purpose to include purposes connected with the 31
investigation of Police Force administrative officers and Crime Commission officers (to enable the 32
Police Integrity Commission to retain intercepted information for those purposes). Item [4] allows for 33
intercepted information to be retained for the purposes of a report on any such investigation. 34
1.13 Transport Administration Act 1988 No 109 35
[1] Section 3 Definitions 36
Omit the definition of Sydney Metro from section 3 (1). 37
[2] Section 56 Application of Division 38
Omit section 56 (d). 39
[3] Section 65 Definitions 40
Omit paragraph (j) of the definition of transport authority. 41
[4] Section 89 Definitions 42
Omit ", Sydney Metro" from the definition of rail authority. 43
[5] Section 107 Definition of "transport authority" 44
Omit section 107 (1) (e). 45
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 1 Minor amendments
[6] Schedule 5 Extended leave for certain staff 1
Omit paragraph (h) of the definition of Authority in clause 2. 2
[7] Schedule 8A Sydney Metro 3
Omit the Schedule. 4
Explanatory note 5
The proposed amendments to the Transport Administration Act 1988 repeal redundant provisions 6
relating to Sydney Metro, which was dissolved on 1 July 2013. 7
1.14 Victims Rights and Support Act 2013 No 37 8
[1] Section 113 Inadmissibility and use of certain evidence in subsequent legal 9
proceedings 10
Omit section 113 (1). Insert instead: 11
(1) Despite any rule of law to the contrary: 12
(a) an application for victims support and any documents supporting the 13
application (whether or not furnished when the application is lodged) or 14
any documents furnished to, or prepared by or on behalf of, the 15
Commissioner at any time in connection with the application, and 16
(b) an application for statutory compensation or for payment for approved 17
counselling services under the Victims Support and Rehabilitation Act 18
1996 and any documents supporting the application (whether or not 19
furnished when the application is lodged) or any documents or 20
transcript of evidence in a hearing of the application furnished to, or 21
prepared by or on behalf of, the Tribunal at any time in connection with 22
the application under that Act, 23
are not admissible as evidence in any legal proceedings (whether criminal or 24
civil) other than criminal proceedings in which the applicant is the accused 25
arising from substantially the same facts as those on which the application is 26
based. 27
[2] Section 113 (2) (b) 28
Omit "for victims support". Insert instead "of a kind referred to in subsection (1)". 29
Explanatory note 30
Item [1] of the proposed amendments to the Victims Rights and Support Act 2013 preserves the 31
protections that applied pursuant to section 84 of the Victims Support and Rehabilitation Act 1996 32
before that Act was repealed (in respect of the inadmissibility of evidence relating to applications for 33
statutory compensation or for payment for approved counselling services). Item [2] makes a 34
consequential amendment. 35
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 2 Amendments consequent on amalgamation of Local Government Association of New South
Wales and Shires Association of New South Wales
Schedule 2 Amendments consequent on amalgamation of 1
Local Government Association of New South 2
Wales and Shires Association of New South 3
Wales 4
Explanatory note 5
The proposed amendments are consequent on the amalgamation of the Local Government 6
Association of New South Wales and the Shires Association of New South Wales (the former 7
Associations) and the repeal by the proposed Act of the Local Government Associations 8
Incorporation Act 1974 (the repealed Act). The former Associations were constituted and 9
incorporated pursuant to the repealed Act and subsequently registered as industrial organisations of 10
employers, and incorporated, under the Industrial Relations Act 1996. On 1 March 2013, the former 11
Associations were amalgamated under the Industrial Relations Act 1996 to form the Local 12
Government and Shires Association of New South Wales (the amalgamated Association). The 13
amalgamated Association is registered as an industrial organisation of employers, and incorporated, 14
under the Industrial Relations Act 1996. As the amalgamated Association now functions under the 15
Industrial Relations Act 1996, the repealed Act no longer has any operation. The proposed 16
amendments ensure that certain functions exercised under various Acts by the former Associations 17
(in particular, in relation to the nomination of members of statutory bodies) continue to be exercised 18
by the amalgamated Association. 19
2.1 Coastal Protection Act 1979 No 13 20
[1] Section 12 Constitution of NSW Coastal Panel 21
Omit "Associations" wherever occurring in section 12 (2) (c) and (e). 22
Insert instead "Association". 23
[2] Schedule 2 Constitution and procedure of Coastal Panel 24
Omit "Associations" where firstly occurring and "Local Government and Shires 25
Associations" where secondly occurring from clause 5 (3). 26
Insert instead "Association of New South Wales" and "Association", respectively. 27
2.2 Energy and Utilities Administration Act 1987 No 103 28
Section 34L Special provisions relating to contributions orders applying to State 29
water agencies 30
Omit "Associations" from section 34L (2) (b). Insert instead "Association". 31
2.3 Environmental Planning and Assessment Act 1979 No 203 32
[1] Section 117 Directions by the Minister 33
Omit "Associations" from section 117 (4A). Insert instead "Association". 34
[2] Section 118 Appointment of planning administrator, planning assessment panel or 35
regional panel 36
Omit "Associations" from section 118 (6). Insert instead "Association". 37
[3] Schedule 4 Joint Regional Planning Panels 38
Omit "Associations" where firstly occurring in clause 2 (2). Insert instead "Association". 39
[4] Schedule 4, clause 2 (2) (a) 40
Omit "Associations fail to notify their". Insert instead "Association fails to notify its". 41
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 2 Amendments consequent on amalgamation of Local Government Association of New South
Wales and Shires Association of New South Wales
[5] Schedule 4, clause 2 (2) (b) 1
Omit "Associations have". Insert instead "Association has". 2
2.4 Environmental Trust Act 1998 No 82 3
Section 6 Membership and procedure of Trust 4
Omit "Associations" from section 6 (2) (e). 5
Insert instead "Association of New South Wales". 6
2.5 Fire Brigades Act 1989 No 192 7
Section 75 Constitution of Council 8
Omit "jointly by the Local Government Association of New South Wales and the" from 9
section 75 (2) (d). 10
Insert instead "by the Local Government and". 11
2.6 Fluoridation of Public Water Supplies Act 1957 No 58 12
Section 4 Fluoridation of Public Water Supplies Advisory Committee 13
Insert "and Shires" after "Government" in section 4 (2) (iv). 14
2.7 Food Act 2003 No 43 15
[1] Section 115A Food Regulation Forum 16
Omit "Presidents of the Local Government and Shires Associations" from 17
section 115A (1) (c). 18
Insert instead "President of the Local Government and Shires Association of New South 19
Wales". 20
[2] Section 115A (1) (d) 21
Omit "Associations, to represent those Associations". 22
Insert instead "Association of New South Wales, to represent that Association". 23
2.8 Geographical Names Act 1966 No 13 24
Section 3 Geographical Names Board 25
Omit "jointly by the governing bodies of the Local Government Association of New South 26
Wales and the" from section 3 (4) (a). 27
Insert instead "by the governing body of the Local Government and". 28
2.9 Industrial Relations Advisory Council Act 2010 No 76 29
Section 6 Membership of Council 30
Omit "Associations" from section 6 (1) (d) (v). Insert instead "Association". 31
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 2 Amendments consequent on amalgamation of Local Government Association of New South
Wales and Shires Association of New South Wales
2.10 Local Government Act 1993 No 30 1
Section 262 How is a panel to be constituted for the purposes of making an 2
appointment as a commissioner? 3
Omit ", 4 of whom are councillors nominated by the executive of the Local Government 4
Association of New South Wales and 4 of whom are councillors nominated by the executive 5
of the" from section 262 (1). 6
Insert instead "who are councillors nominated by the executive of the Local Government 7
and". 8
2.11 Local Government (General) Regulation 2005 9
[1] Clause 285 Notification of vacancy 10
Omit "Associations" from clause 285 (a). Insert instead "Association". 11
[2] Clause 285 (b) 12
Omit "those Associations". Insert instead "that Association". 13
[3] Clause 296 Declaration of uncontested election 14
Omit "Associations" from clause 296 (3) (b). Insert instead "Association". 15
[4] Clause 356 Declaring the election 16
Omit "Associations" from clause 356 (3) (b). Insert instead "Association". 17
[5] Schedule 7 Election of mayor by councillors 18
Omit "Associations" from clause 13 (b). Insert instead "Association". 19
[6] Schedule 8 Election of chairpersons of county councils 20
Omit "Associations" from clause 15 (b). Insert instead "Association". 21
2.12 Protection of the Environment Administration Act 1991 No 60 22
Section 28 Membership and procedure of Council 23
Omit "Associations" from section 28 (5) (g). Insert instead "Association". 24
2.13 Rural Fires Act 1997 No 65 25
Section 123 Membership and procedure of Advisory Council 26
Omit section 123 (1) (c) and (d). Insert instead: 27
(c) 2 persons appointed by the Minister on the recommendation of the 28
Local Government and Shires Association of New South Wales, 29
2.14 Western Lands Act 1901 No 70 30
[1] Section 8B Western Lands Advisory Council 31
Omit "is" from section 8B (2) (b). 32
[2] Section 8B (2) (b) 33
Omit "Western Division Group of the Shires Association of NSW". 34
Insert instead "Local Government and Shires Association of New South Wales". 35
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
Schedule 3 Amendments by way of statute law revision 1
3.1 Associations Incorporation Act 2009 No 7 2
Section 4 (1), definitions of "Department" and "Director-General" 3
Omit "Department of Commerce" wherever occurring. 4
Insert instead "Department of Finance and Services". 5
Explanatory note 6
The proposed amendment updates references to a Department. 7
3.2 Bega Valley Local Environmental Plan 2013 8
[1] Clause 1.9 (2) 9
Omit "Lower South Coast Regional Environmental Plan No 1". 10
[2] Clause 1.9 (2) 11
Omit "Lower South Coast Regional Environmental Plan No 2". 12
Insert instead "Lower South Coast Regional Environmental Plan (No 2)". 13
Explanatory note 14
Item [1] of the proposed amendments removes a reference to a repealed planning instrument. Item [2] 15
corrects a citation. 16
3.3 Camden Local Environmental Plan 2010 (Amendment No 1) 17
Clause 4, table 18
Omit the following from Column 2: 19
1450_COM_LSZ_001_020_20110916 20
1450_COM_LSZ_002_020_20110916 21
1450_COM_LSZ_004_010_20110916 22
1450_COM_LSZ_008_010_20110916 23
1450_COM_LSZ_010_005_20110916 24
1450_COM_LSZ_012_010_20110916 25
1450_COM_LSZ_013_010_20110916 26
1450_COM_LSZ_014_010_20110916 27
1450_COM_LSZ_016_020_20110916 28
Insert instead, respectively: 29
1450_COM_LSZ_001_020_20111222 30
1450_COM_LSZ_002_020_20111222 31
1450_COM_LSZ_004_010_20111222 32
1450_COM_LSZ_008_010_20111222 33
1450_COM_LSZ_010_005_20111222 34
1450_COM_LSZ_012_010_20111222 35
1450_COM_LSZ_013_010_20111222 36
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
1450_COM_LSZ_014_010_20111222 1
1450_COM_LSZ_016_020_20111222 2
Commencement 3
The amendment to Camden Local Environmental Plan 2010 (Amendment No 1) is taken to have 4
commenced on 5 April 2012. 5
Explanatory note 6
The proposed amendment corrects clerical errors in references to maps, in line with corrections made 7
to the map cover sheet relating to those maps. 8
3.4 Camden Local Environmental Plan 2010 (Amendment No 5) 9
Clause 4, table 10
Omit the following from Column 1: 11
1450_COM_LSZ_008_010_20110916 12
1450_COM_LSZ_012_010_20110916 13
1450_COM_LSZ_014_010_20110916 14
1450_COM_LSZ_016_020_20110916 15
Insert instead, respectively: 16
1450_COM_LSZ_008_010_20111222 17
1450_COM_LSZ_012_010_20111222 18
1450_COM_LSZ_014_010_20111222 19
1450_COM_LSZ_016_020_20111222 20
Commencement 21
The amendment to Camden Local Environmental Plan 2010 (Amendment No 5) is taken to have 22
commenced on 18 January 2013. 23
Explanatory note 24
The proposed amendment corrects clerical errors in references to maps, in line with corrections made 25
to the map cover sheet relating to those maps as inserted by Camden Local Environmental Plan 2010 26
(Amendment No 1). 27
3.5 Camden Local Environmental Plan 2010 (Amendment No 6) 28
Clause 4, table 29
Omit the following from Column 1: 30
1450_COM_LSZ_002_020_20110916 31
1450_COM_LSZ_013_010_20110916 32
Insert instead, respectively: 33
1450_COM_LSZ_002_020_20111222 34
1450_COM_LSZ_013_010_20111222 35
Commencement 36
The amendment to Camden Local Environmental Plan 2010 (Amendment No 6) is taken to have 37
commenced on 16 November 2012. 38
Explanatory note 39
The proposed amendment corrects clerical errors in references to maps, in line with corrections made 40
to the map cover sheet relating to those maps as inserted by Camden Local Environmental Plan 2010 41
(Amendment No 1). 42
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.6 Children (Criminal Proceedings) Act 1987 No 55 1
[1] Section 36 (1) 2
Omit "section 71 or 77B of the Victims Compensation Act 1996". 3
Insert instead "section 94 or 97 of the Victims Rights and Support Act 2013". 4
[2] Section 48B, definition of "victim" 5
Omit "Victims Rights Act 1996". Insert instead "Victims Rights and Support Act 2013". 6
Explanatory note 7
The proposed amendments update references to repealed Acts. 8
3.7 Community Land Development Regulation 2007 9
[1] Clause 4 (1) (a) 10
Omit "Conveyancing (General) Regulation 2003". 11
Insert instead "Conveyancing (General) Regulation 2013". 12
[2] Clause 4 (1) (b) and (c) 13
Omit the paragraphs. Insert instead: 14
(b) Schedules 1 and 4-8 to the Conveyancing (General) Regulation 2013, 15
and 16
(c) the Real Property Regulation 2008. 17
Explanatory note 18
The proposed amendments update cross-references. 19
3.8 Conveyancers Licensing Act 2003 No 3 20
Section 15 (2) 21
Omit "in the Gazette". Insert instead "on the NSW legislation website". 22
Explanatory note 23
The proposed amendment clarifies the way in which orders are published under a provision. 24
3.9 Credit (Commonwealth Powers) Act 2010 No 6 25
Schedule 3, clause 10 (1) 26
Omit "Department of Services, Technology and Administration". 27
Insert instead "Department of Finance and Services". 28
Explanatory note 29
The proposed amendment updates a reference to a Department. 30
3.10 Fair Trading Act 1987 No 68 31
Section 4 (1), definitions of "Department" and "Director-General" 32
Omit "Department of Commerce" wherever occurring. 33
Insert instead "Department of Finance and Services". 34
Explanatory note 35
The proposed amendment updates references to a Department. 36
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.11 Fisheries Management (General) Regulation 2010 1
Clauses 27 (1) (c) (iv), 36 (2) (a) (iv) and 37 (1) (a) (iv) 2
Omit "50 gm" wherever occurring. Insert instead "50 g". 3
Explanatory note 4
The proposed amendment corrects incorrect references to units of measurement. 5
3.12 Fisheries Management (Ocean Trap and Line Share Management Plan) 6
Regulation 2006 7
Appendix, clause 7A (1) (a) (iii) 8
Omit "500 gm". Insert instead "500 g". 9
Explanatory note 10
The proposed amendment corrects an incorrect reference to a unit of measurement. 11
3.13 Mental Health (Forensic Provisions) Act 1990 No 10 12
Section 41 (1), definition of "victim" of a patient 13
Omit "Support 2013". Insert instead "Support Act 2013". 14
Explanatory note 15
The proposed amendment corrects the citation of an Act. 16
3.14 Mental Health Regulation 2013 17
Clause 17 (c) 18
Omit "a registered occupational therapist eligible for accreditation by the Australian 19
Association of Occupational Therapists". 20
Insert instead "registered under the Health Practitioner Regulation National Law to practise 21
in the occupational therapy profession (other than as a student)". 22
Explanatory note 23
The proposed amendment updates a reference to persons registered as occupational therapists to 24
make it consistent with the Health Practitioner Regulation National Law. 25
3.15 Mining Act 1992 No 29 26
Sections 263 (4) and 264 (4) 27
Omit "section 140 (a)" wherever occurring. Insert instead "section 140 (1) (a)". 28
Explanatory note 29
The proposed amendment corrects a cross-reference. 30
3.16 National Energy Retail Law (Adoption) Act 2012 No 37 31
Schedule 1 [17], section 37E (1) (d) 32
Omit "arial". Insert instead "Arial". 33
Explanatory note 34
The proposed amendment corrects a grammatical error. 35
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.17 Newcastle Local Environmental Plan 2012 (Amendment No 2) 1
Clause 4, table 2
Omit the following from Column 1: 3
5900_COM_LSZ_002C_010_20120402 4
Insert instead: 5
5900_COM_LSZ_002C_010_20120320 6
Commencement 7
The amendment to Newcastle Local Environmental Plan 2012 (Amendment No 2) is taken to have 8
commenced on 30 August 2013. 9
Explanatory note 10
The proposed amendment corrects a clerical error in a reference to a map, in line with a correction 11
made to the map cover sheet relating to that map. 12
3.18 Passenger Transport Regulation 2007 13
Clause 163A (8) 14
Omit "subsection". Insert instead "subclause". 15
Explanatory note 16
The proposed amendment corrects a cross-reference. 17
3.19 Personal Property Securities (Commonwealth Powers) Act 2009 No 35 18
Schedule 1, clause 23A (2) (j) 19
Omit the paragraph. 20
Explanatory note 21
The proposed amendment omits a reference to provisions of a repealed Act about goods left on 22
residential premises. 23
3.20 Poisons and Therapeutic Goods Regulation 2008 24
Clause 92 (2) 25
Omit "is or are supplied". Insert instead "is supplied". 26
Explanatory note 27
The amendment corrects a grammatical error. 28
3.21 Property, Stock and Business Agents Act 2002 No 66 29
Section 16 (1) (b) 30
Omit "or section 41 (Licensee not to lend licence) of the Property, Stock and Business 31
Agents Act 1941". 32
Explanatory note 33
The proposed amendment omits a reference to convictions recorded in the last 5 years for an offence 34
under an Act that has been repealed for more than 10 years. 35
3.22 Public Interest Disclosures Act 1994 No 92 36
[1] Section 12A (5) 37
Omit ", in accordance with the Ombudsman Act 1974". 38
Insert instead ", in accordance with the Ombudsman Act 1974,". 39
Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
[2] Sections 12C (4), 12E (4) and 13 (4) 1
Omit "investigate, and report, in accordance with the Ombudsman Act 1974 on" wherever 2
occurring. 3
Insert instead "investigate, and report on, in accordance with the Ombudsman Act 1974,". 4
[3] Section 13 (2) 5
Omit "investigate, and report, in accordance with the Independent Commission Against 6
Corruption Act 1988 on". 7
Insert instead "investigate, and report on, in accordance with the Independent Commission 8
Against Corruption Act 1988,". 9
Explanatory note 10
The proposed amendments correct grammatical errors. 11
3.23 Radiation Control Act 1990 No 13 12
Schedule 2, clause 16 13
Omit "is taken have been appointed". Insert instead "is taken to have been appointed". 14
Explanatory note 15
The proposed amendment corrects a grammatical error. 16
3.24 Residential Tenancies Act 2010 No 42 17
[1] Section 3 (1), definitions of "Department" and "Director-General" and 18
section 178 (1) (a) and (2) 19
Omit "Department of Services, Technology and Administration" wherever occurring. 20
Insert instead "Department of Finance and Services". 21
[2] Section 178 (1) (b) 22
Omit "Department of Human Services". 23
Insert instead "Department of Family and Community Services". 24
Explanatory note 25
The proposed amendments update references to Departments. 26
3.25 Road Rules 2008 27
Rule 297 (4) 28
Insert "than" after "more". 29
Explanatory note 30
The proposed amendment inserts a missing word. 31
3.26 Singleton Local Environmental Plan 1996 32
Clause 9 (1), definition of "service station" 33
Omit "accessaries" from paragraph (a). Insert instead "accessories". 34
Explanatory note 35
The proposed amendment corrects a spelling error. 36
Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.27 Standard Instrument (Local Environmental Plans) Order 2006 1
[1] Standard Instrument, Land Use Table, Direction 5 2
Insert "Small bars;" in alphabetical order. 3
[2] Standard Instrument, clause 5.3 (3), Direction 4
Omit "(a1)". Insert instead "(aa)". 5
[3] Standard Instrument, clause 5.13 (3) (d) and (g) 6
Omit "indigenous" wherever occurring. Insert instead "native". 7
[4] Standard Instrument, clause 5.13 (3) (g) 8
Omit "colours". Insert instead "colours,". 9
[5] Standard Instrument, Dictionary, definition of "hospital" 10
Omit "take-away" from paragraph (d). Insert instead "take away". 11
[6] Standard Instrument, Dictionary, definition of "restaurant or cafe" 12
Omit "takeaway". Insert instead "take away". 13
[7] Standard Instrument, Dictionary, definition of "sewerage system" 14
Omit "or place" where secondly occurring in paragraph (e). 15
[8] Standard Instrument, Dictionary, definition of "wharf or boating facilities" 16
Omit "boating) that are not port facilities". 17
Insert instead "boating that are not port facilities)". 18
Commencement 19
The amendments to the Standard Instrument (Local Environmental Plans) Order 2006 commence on 20
10 January 2014. 21
Explanatory note 22
Item [1] of the proposed amendments updates a list of development types following amendments 23
made by the Liquor Amendment (Small Bars) Act 2013. 24
Item [2] updates a direction. 25
Item [3] makes use of defined terminology consistent. 26
Item [4] inserts missing punctuation. 27
Items [5], [6], [7] and [8] correct typographical errors. 28
3.28 State Environmental Planning Policy (Infrastructure) 2007 29
[1] Clause 19 (2) and (3) 30
Omit "section" wherever occurring. Insert instead "clause". 31
[2] Clause 71 (1) (h) 32
Insert "that" after "containers". 33
[3] Clause 88A (3) and (4) 34
Omit "affect" wherever occurring. Insert instead "effect". 35
Explanatory note 36
The proposed amendments correct cross-references, insert a missing word and correct a spelling 37
error. 38
Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.29 Strata Schemes (Freehold Development) Regulation 2012 1
[1] Clause 4 (1) (a) 2
Omit the paragraph. Insert instead: 3
(a) Division 4 of Part 3 of, and Schedules 5 and 8 to, the Conveyancing 4
(General) Regulation 2013 (to the extent that those provisions deal with 5
instruments under section 88B of the Conveyancing Act 1919), and 6
[2] Clause 21 7
Omit "Conveyancing (General) Regulation 2008". 8
Insert instead "Conveyancing (General) Regulation 2013". 9
[3] Clauses 23 (3) and 24 (2) 10
Omit "Schedule 9 to, the Conveyancing (General) Regulation 2008" wherever occurring. 11
Insert instead "Schedule 8 to, the Conveyancing (General) Regulation 2013". 12
[4] Clauses 23 (3) and 24 (2) 13
Omit "Schedule 10" wherever occurring. Insert instead "Schedule 5". 14
Explanatory note 15
The proposed amendments update cross-references. 16
3.30 Strata Schemes (Leasehold Development) Regulation 2012 17
[1] Clause 4 (1) (a) 18
Omit the paragraph. Insert instead: 19
(a) Division 4 of Part 3 of, and Schedules 5 and 8 to, the Conveyancing 20
(General) Regulation 2013 (to the extent that those provisions deal with 21
instruments under section 88B of the Conveyancing Act 1919), and 22
[2] Clause 21 23
Omit "Conveyancing (General) Regulation 2008". 24
Insert instead "Conveyancing (General) Regulation 2013". 25
[3] Clauses 23 (3) and 24 (2) 26
Omit "Schedule 9 to, the Conveyancing (General) Regulation 2008" wherever occurring. 27
Insert instead "Schedule 8 to, the Conveyancing (General) Regulation 2013". 28
[4] Clauses 23 (3) and 24 (2) 29
Omit "Schedule 10" wherever occurring. Insert instead "Schedule 5". 30
Explanatory note 31
The proposed amendments update cross-references. 32
3.31 Tattoo Parlours Act 2012 No 32 33
Section 16 (1) 34
Omit "section 14". Insert instead "section 19". 35
Explanatory note 36
The proposed amendment corrects a cross-reference. 37
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 3 Amendments by way of statute law revision
3.32 Valuers Act 2003 No 4 1
Section 3, definition of "Director-General" and sections 30, 31 (1) and (2) and 39 2
Omit "Department of Commerce" wherever occurring. 3
Insert instead "Department of Finance and Services". 4
Explanatory note 5
The proposed amendment updates references to a Department. 6
3.33 Veterinary Practice Act 2003 No 87 7
Schedule 1, clause 1 (g) 8
Omit "Stock (Artificial Breeding) Act 1985". Insert instead "Stock Diseases Act 1923". 9
Explanatory note 10
The proposed amendment updates a reference to an Act. 11
3.34 Water Sharing Plan for the Kulnura Mangrove Mountain Groundwater 12
Sources 2003 13
Clause 19 (1) (a) (ix) 14
Omit "the" where secondly occurring. 15
Explanatory note 16
The proposed amendment corrects a grammatical error. 17
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 4 Repeals
Schedule 4 Repeals 1
1 Repeal of redundant Act 2
The Local Government Associations Incorporation Act 1974 No 20 is repealed. 3
2 Amendment of Marine Safety Act 1998 No 121 4
(1) Schedule 2, Part 1 5
Omit the following: 6
Commercial Vessels Act 1979 No 41 7
Marine (Boating Safety--Alcohol and Drugs) Act 1991 No 80 8
Marine Pilotage Licensing Act 1971 No 56 9
(2) Schedule 2, Part 2 10
Omit the matter relating to the Commercial Vessels Act 1979, Marine Pilotage 11
Licensing Act 1971 and Navigation Act 1901. 12
(3) Schedule 2, Part 2 13
Omit the following from the matter relating to the Maritime Services Act 1935: 14
Boating (Safety Equipment) Regulation--N.S.W. 15
Water Traffic Regulations--N.S.W. 16
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 5 General savings, transitional and other provisions
Schedule 5 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1, 2 or 3 to an amending provision contained in an 4
Act or instrument is, if the amending provision has commenced before the 5
Schedule 1, 2 or 3 amendment concerned, taken to have effect as from the 6
commencement of the amending provision (whether or not the amending provision 7
has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that makes a direct 10
amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or instrument 12
without the insertion of any matter instead of the repealed or omitted matter, or 13
(b) the omission of matter contained in the amended Act or instrument and the 14
insertion of matter instead of the omitted matter, or 15
(c) the insertion into the amended Act or instrument of matter, not being matter 16
inserted instead of matter omitted from the Act or instrument. 17
Explanatory note 18
This clause ensures that certain amendments, including amendments correcting errors in technical 19
provisions (for example, headings indicating the section to be amended or directions as to where a 20
new section is to be inserted) and rectifying minor drafting errors (for example, corrections in 21
numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter 22
or insertion of omitted matter), will be taken to have commenced on the date the amendments to 23
which they relate commenced. 24
2 Effect of amendment or repeal on acts done or decisions made 25
Except where it is expressly provided to the contrary, if this Act: 26
(a) amends a provision of an Act or an instrument, or 27
(b) repeals and re-enacts (with or without modification) a provision of an Act or 28
an instrument, 29
any act done or decision made under the provision amended or repealed has effect 30
after the amendment or repeal as if it had been done or made under the provision as 31
so amended or repealed. 32
Explanatory note 33
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, 34
vitiate any act done or decision made under the provision as in force before the amendment or repeal. 35
3 Effect of amendment on instruments 36
Except where expressly provided to the contrary, any instrument made under an Act 37
amended by this Act, that is in force immediately before the commencement of the 38
amendment, is taken to have been made under the Act as amended. 39
Explanatory note 40
This clause ensures that, unless expressly provided, any instrument that is in force and made under 41
a provision of an Act that is amended or substituted by the proposed Act will be taken to have been 42
made under the Act as amended. 43
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2013 [NSW]
Schedule 5 General savings, transitional and other provisions
4 Revocation of repeal 1
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts or 2
instruments, or provisions of Acts or instruments, by this Act. 3
Explanatory note 4
The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal by the 5
proposed Act of any Act or instrument or any provision of an Act or instrument. The Act, instrument 6
or provision the subject of the revocation of repeal is taken not to be, and never to have been, 7
repealed. 8
5 Regulations 9
(1) The Governor may make regulations containing provisions of a savings or 10
transitional nature consequent on the enactment of this Act. 11
(2) Any such provision may, if the regulations so provide, take effect from the date of 12
assent to this Act or a later date. 13
(3) To the extent to which any such provision takes effect from a date that is earlier than 14
the date of its publication on the NSW legislation website, the provision does not 15
operate so as: 16
(a) to affect, in a manner prejudicial to any person (other than the State or an 17
authority of the State), the rights of that person existing before the date of its 18
publication, or 19
(b) to impose liabilities on any person (other than the State or an authority of the 20
State) in respect of anything done or omitted to be done before the date of its 21
publication. 22
Explanatory note 23
This clause enables the making of regulations of a savings or transitional nature having a short term 24
effect and relating to incidental matters arising out of the proposed Act with regard to which no 25
specific, or sufficient, provision has been made in the proposed Act. 26
Page 24
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