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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) 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Minor amendments 3
Schedule 2 Statute law revision amendments 13
Schedule 3 Government sector finance consequential amendments 15
Schedule 4 Amendments relating to machinery of government changes 17
Schedule 5 Repeals 24
Schedule 6 General savings, transitional and other provisions 25
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2023
New South Wales
Statute Law (Miscellaneous Provisions) Bill
(No 2) 2023
Act No , 2023
An Act to amend certain other Acts and instruments in various respects and for the purpose of
effecting statute law revision; to repeal certain redundant Acts; and to make certain savings.
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2023.
2 Commencement
This Act commences, or is taken to have commenced, as follows--
(a) for Schedule 1.19--on the day on which the Scrap Metal Industry Amendment
(Review) Act 2022, Schedule 1[8] commences,
(b) for Schedule 2.2--on the day on which the Environmental Planning and
Assessment Amendment (Housing and Productivity Contributions) Act 2023,
Schedule 1[8] commences,
(c) otherwise--on the date of assent to this Act.
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments
1.1 Animal Research Act 1985 No 123
Section 6 The Panel
Omit "Minister for Primary Industries" from section 6(2)(g).
Insert instead "Minister administering the Biosecurity Act 2015".
1.2 Biosecurity Act 2015 No 24
Section 398 Description of land in notices and other instruments
Omit the section.
1.3 Casino Control Act 1992 No 15
[1] Section 22C Casino operators to cooperate with NICC
Omit "between the Crown and a casino operator" from section 22C(2)(b)(iii).
Insert instead "to which the Crown and a casino operator are parties".
[2] Section 37A Interim approval of controlled contract
Omit "casino operator will" from section 37A(2)(b). Insert instead "NICC will".
[3] Section 42D Decision about application for approval of close associate
Omit "application the NICC," from section 42D(2). Insert instead "application, the NICC".
[4] Section 42H Disciplinary action against close associate
Omit "licensee" from section 42H(2). Insert instead "casino operator".
[5] Section 42L Revocation of exemption of close associate
Omit "given" from section 42L(4). Insert instead "give".
[6] Section 59 Disciplinary action against licensee
Renumber subparagraphs (a) and (b) as (i) and (ii) in section 59(1), definition of
disciplinary action, paragraph (b).
[7] Section 70 Conduct of gaming
Omit "Subclauses" from section 70(1AC). Insert instead "Subsections".
[8] Section 76 Inducements
Omit "NICC, and" from section 76(2)(c). Insert instead "NICC.".
[9] Section 76A Promotional prizes
Insert "or" at the end of section 76A(1)(d).
[10] Section 76A(4), definition of "player reward scheme", paragraph (b)
Omit "wages". Insert instead "wagers".
[11] Section 137A Advisory committee about harm minimisation measures
Omit "Committee" wherever occurring in section 137A(4). Insert instead "committee".
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
[12] Section 139E Annual reports
Omit "the auditor" from section 139E(b). Insert instead "an auditor".
[13] Section 139E(e)
Omit "regulations, and". Insert instead "regulations,".
[14] Section 139F Nature of report of operations
Renumber section 139F(3) as section 139F(2).
[15] Section 139L Application for extension of time
Insert "." at the end of section 139L(5).
[16] Section 170A Implementation of Independent Review of The Star Pty Ltd by Adam
Bell SC
Insert "the" before "independent" in section 170A(2).
[17] Schedule 1 Constitution and procedure of NICC
Renumber clause 7(1)(d)-(h) as clause 7(1)(d)-(i).
[18] Schedule 4 Savings and transitional provisions
Omit "as if had been granted the NICC" from clause 44(2).
Insert instead "as if it had been granted by the NICC".
1.4 Children (Education and Care Services National Law Application) Act
2010 No 104
Section 7 Meaning of generic terms in Education and Care Services National Law for
the purposes of this jurisdiction
Omit the definition of child protection law. Insert instead--
child protection law means the following--
(a) the Children and Young Persons (Care and Protection) Act 1998 and
regulations made under that Act,
(b) the Children's Guardian Act 2019, Parts 6 and 8 and regulations made
under the parts.
1.5 Coastal Management Act 2016 No 20
[1] Section 10 Matters relating to identification of coastal management areas
Omit "Division 4 (LEPs) of Part 3 (Environmental planning instruments) of the
Environmental Planning and Assessment Act 1979" from section 10(1), note.
Insert instead "The Environmental Planning and Assessment Act 1979, Division 3.4".
[2] Section 21 Coastal management manual
Omit "state of the" from section 21(7).
[3] Section 27 Granting of development consent relating to coastal protection works
Omit "Section 80A (6) of the Environmental Planning and Assessment Act 1979" from
section 27(2)(a), note.
Insert instead "The Environmental Planning and Assessment Act 1979, section 4.17(6)".
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
[4] Schedule 1 Local government areas, coastal sediment compartments and border
estuaries
Omit "City of Greater Taree, Great Lakes" from Part 1, table. Insert instead "Mid-Coast".
[5] Schedule 1, Part 1, table
Omit "City of Botany Bay, City of Rockdale". Insert instead "Bayside".
[6] Schedule 1, Part 1, table
Omit "City of Gosford, Hornsby, City of Hawkesbury, Pittwater".
Insert instead "Central Coast, City of Hawkesbury, Hornsby, Northern Beaches".
[7] Schedule 1, Parts 1 and 2, tables (except matter relating to Wallis Lake)
Omit "Great Lakes" and "City of Greater Taree" wherever occurring.
Insert instead "Mid-Coast".
[8] Schedule 1, Part 1, table
Omit "Wyong, City of Gosford". Insert instead "Central Coast".
[9] Schedule 1, Parts 1 and 2, tables
Omit "Wyong" wherever occurring. Insert instead "Central Coast".
[10] Schedule 1, Part 1, table
Omit "Ashfield, City of Auburn, City of Blacktown, Canada Bay, Hunters Hill,
Ku-ring-gai, Lane Cove, Leichhardt, Manly, North Sydney, City of Parramatta, City of
Ryde, City of Sydney, Warringah".
Insert instead "City of Blacktown, Canada Bay, Cumberland, Hunters Hill, Inner West,
Ku-ring-gai, Lane Cove, North Sydney, Northern Beaches, City of Parramatta, City of
Ryde, City of Sydney".
[11] Schedule 1, Part 1, table
Omit "Pittwater, Warringah, Manly". Insert instead "Northern Beaches".
[12] Schedule 1, Part 2, table
Omit "Botany Bay, Randwick, Sutherland".
Insert instead "Bayside, Randwick, Sutherland Shire".
[13] Schedule 1, Part 2, table
Omit "Greater Taree" from the matter relating to Camden Haven River. Insert instead
"Mid-Coast".
[14] Schedule 1, Part 2, table
Omit "Botany Bay, Burwood, Canterbury, Marrickville, Rockdale".
Insert instead "Bayside, Burwood, Canterbury-Bankstown, Inner West".
[15] Schedule 1, Part 2, table
Omit "City of Bankstown, Canterbury, City of Fairfield, Hurstville, Kogarah, Liverpool,
Rockdale, Sutherland".
Insert instead "Bayside, Canterbury-Bankstown, City of Fairfield, Georges River,
Liverpool, Sutherland Shire".
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
[16] Schedule 1, Part 2, table
Omit "Hastings, Kempsey". Insert instead "Port Macquarie-Hastings, Kempsey".
[17] Schedule 1, Part 2, table
Omit "City of Gosford, City of Hawkesbury, Hornsby, Ku-ring-gai, City of Penrith,
Pittwater, The Hills Shire, Warringah".
Insert instead "Central Coast, City of Hawkesbury, Hornsby, Ku-ring-gai, Northern
Beaches, City of Penrith, The Hills Shire".
[18] Schedule 1, Part 2, table
Omit "Manly, Warringah". Insert instead "Northern Beaches".
[19] Schedule 1, Part 2, table
Omit "Manly, Mosman, North Sydney, Warringah".
Insert instead "Mosman, North Sydney, Northern Beaches"
[20] Schedule 1, Part 2, table
Omit "Pittwater, Warringah". Insert instead "Northern Beaches".
[21] Schedule 1, Part 2, table
Omit "Ashfield, Auburn, Canada Bay, Hunters Hill, Lane Cove, Leichhardt, Marrickville".
Insert instead "Canada Bay, Cumberland, Hunters Hill, Inner West, Lane Cove".
[22] Schedule 1, Part 2, table
Omit "Leichhardt, Mosman". Insert instead "Inner West, Mosman".
[23] Schedule 1, Part 2, table
Omit "Great Lakes, City of Greater Taree". Insert instead "Mid-Coast".
[24] Schedule 3 Savings, transitional and other provisions
Omit clause 3.
1.6 Combat Sports Act 2013 No 96
[1] Section 11 Application for registration as combatant
Omit "(unless the Authority already has a current serological clearance for the applicant)"
from section 11(2)(d).
[2] Section 11(2C)
Insert after section 11(2B)--
(2C) The Authority may exempt an applicant from a requirement under subsection
(2)(c)-(e) if, at the time the application is made--
(a) for a requirement under subsection (2)(c)--the Authority already holds
a certificate of fitness for the applicant to engage in combat sport given
by a medical practitioner not more than 28 days before the date on
which the application is made, and
(b) for a requirement under subsection (2)(d)--the Authority already holds
a current serological clearance for the applicant, and
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
(c) for a requirement under subsection (2)(e)--the Authority already holds
the information.
[3] Section 23 Application for registration as industry participant or promoter
Insert after section 23(2B)--
(2C) The Authority may exempt an applicant from the requirement under
subsection (2)(c) if, at the time the application is made, the Authority already
holds the information.
[4] Section 100 Personal liability
Insert after section 100(2), definition of protected person, paragraph (g)--
(h) a Public Service employee involved in the administration of this Act.
1.7 Community Land Development Act 2021 No 6
Section 103 Application of Act to electronic plans and documents
Omit section 103(6), definition of document.
1.8 Conveyancing Act 1919 No 6
[1] Section 6A Application of Act to electronic form plans and other documents
Omit ", except office copies of court orders," from section 6A(1)(b).
[2] Section 6A(3)(a)
Omit the paragraph.
[3] Section 184E Method of registration
Omit "This subsection does not apply to a trader's bill of sale." from section 184E(1).
[4] Section 184E(5)
Omit "(other than traders' bills of sale)".
[5] Section 195AA, heading
Omit the heading. Insert instead--
195AAElectronic plan lodgment system
[6] Section 195AA(1)-(3) and (5)
Omit "e-plan system" wherever occurring.
Insert instead "electronic plan lodgment system".
1.9 Fisheries Management Act 1994 No 38
[1] Section 220ZZA Assessment guidelines
Omit "Minister for Planning" from section 220ZZA(2).
Insert instead "Minister administering the Environmental Planning and Assessment Act
1979".
[2] Section 221ZU Definitions
Insert in alphabetical order in section 221ZU(1)--
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
Fisheries Minister means the Minister administering this Act.
[3] Section 221ZY, heading
Omit "Minister for Primary Industries if a Minister".
Insert instead "Fisheries Minister if another Minister".
[4] Section 221ZY(2) and (3)
Omit "Minister for Primary Industries" wherever occurring.
Insert instead "Fisheries Minister".
[5] Section 221ZZ Concurrence of or consultation with Fisheries Agency Head if a
Minister is not consent authority under Part 4 or determining authority under Part 5
of Planning Act
Omit "Minister for Primary Industries" wherever occurring.
Insert instead "Fisheries Minister".
[6] Section 221ZZ(4)
Omit "that Minister". Insert instead "the Fisheries Minister".
1.10 Forestry Act 2012 No 96
Schedule 3 Savings, transitional and other provisions
Insert after clause 8(3)--
(4) For subclause (1), in relation to a revocation of a reservation in accordance
with the former Act, section 22, the reference to the Minister for Lands in the
section is taken to be a reference to the Minister administering the Crown Land
Management Act 2016.
1.11 Heritage Act 1977 No 136
Section 141 Determination of application
Insert after section 141(2)--
(3) The regulations may prescribe--
(a) the circumstances in which the Heritage Council may request additional
information from an applicant, and
(b) the periods of time that must not be taken into account in calculating the
expiration of the period referred to in subsection (2) if the Heritage
Council has requested additional information from the applicant.
1.12 Interpretation Act 1987 No 15
[1] Section 15 Minister
Insert after section 15(3)--
(4) In an Act or instrument, a reference to the Minister administering another Act
means--
(a) the Minister administering the other Act, or
(b) if different Ministers are administering the other Act in different
respects--the Minister administering the other Act in the relevant
respect, or
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
(c) if different Ministers are administering different portions of the other
Act--the Minister administering the relevant portion of the other Act,
or
(d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are
administering the other Act or a portion of the other Act--any 1 of the
Ministers administering the other Act or portion of the other Act.
[2] Schedule 4 Dictionary
Insert in alphabetical order--
personally insolvent, for an individual, means the individual--
(a) under the Bankruptcy Act 1966 of the Commonwealth--
(i) is bankrupt, or
(ii) is a party to a debt agreement as a debtor, or
(iii) is a party to a personal insolvency agreement as a debtor and the
obligations created by the agreement remain undischarged, or
(iv) authorises a controlling trustee to control the individual's
property, whether or not the individual has entered into a personal
insolvency agreement as a debtor, or
(b) has a status under a law of a foreign country substantially similar to an
individual referred to in paragraph (a), or
(c) otherwise applies to take the benefit of a law for the relief of bankrupt
or insolvent debtors.
1.13 Liquor Act 2007 No 90
Section 144C Committing demerit offence
Omit section 144C(3). Insert instead--
(3) Demerit offences committed in relation to a particular licence or licensed
premises are taken, for the purposes of this part, to be a single demerit offence
if the acts or circumstances giving rise to the offences occurred or existed
within a single 24-hour period.
1.14 Medicines, Poisons and Therapeutic Goods Act 2022 No 73
Section 18 Wholesale supply between pharmacists
Insert "single" before "customer" in section 18(a)(i).
1.15 Ozone Protection Act 1989 No 208
Section 32 Consultation prior to making of regulations
Omit section 32(2). Insert instead--
(2) Before recommending that regulations be made, the Minister must consult
with a committee consisting of the Minister and the following Ministers--
(a) the Minister administering the Health Services Act 1997,
(b) the Minister administering the Biosecurity Act 2015,
(c) the Minister administering the Fair Trading Act 1987,
(d) the Minister administering the Energy and Utilities Administration Act
1987,
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
(e) the Minister administering the Mining Act 1992,
(f) the Minister administering the Local Government Act 1993,
(g) the Minister administering the Environmental Planning and Assessment
Act 1979.
1.16 Protection of the Environment Operations Act 1997 No 156
Section 295Y Environmental monitoring programs
Omit "the Minister for Primary Industries or the Minister for Transport" from section
295Y(3).
Insert instead "the Minister administering the Biosecurity Act 2015 or the Minister
administering the Transport Administration Act 1988".
1.17 Road Transport Act 2013 No 18
[1] Sections 35(3) and 41(3)
Omit "is delivered" wherever occurring. Insert instead "is given".
[2] Sections 35(3) and 41(3)
Omit "is so delivered" wherever occurring. Insert instead "is given".
[3] Sections 35(5) and 41(4) and (5)
Omit "served with" wherever occurring. Insert instead "given".
[4] Sections 92(1) and 104I(1)
Omit "a person authorised by Transport for NSW" wherever occurring.
Insert instead "an authorised officer".
[5] Sections 92(1) and 104I(1)
Omit "owner or person" wherever occurring. Insert instead "owner or officer".
[6] Section 169A
Omit "light" wherever occurring.
1.18 Royal Botanic Gardens and Domain Trust Act 1980 No 19
Section 13 Executive Director
Insert after section 13(2)--
(3) The Executive Director may also be referred to as the Chief Executive of the
Royal Botanic Gardens and Domain.
1.19 Scrap Metal Industry Act 2016 No 42
Section 6 Registration of business
Omit "whether" from section 6(2)(d2). Insert instead "information confirming".
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
1.20 Surveying and Spatial Information Act 2002 No 83
Section 33B
Insert after section 33A--
33B Exemptions by Surveyor-General
(1) The Surveyor-General may exempt a registered surveyor from a requirement
imposed by a regulation if--
(a) the regulation is of a kind specified in section 36(2)(a), (b) or (f), and
(b) in the Surveyor-General's opinion, it is not practicable or necessary to
comply with the requirement.
(2) An exemption may be granted--
(a) to all, or a class of, registered surveyors by a written direction published
on a website maintained by the Surveyor-General, or
(b) to a registered surveyor--
(i) on application by the surveyor, and
(ii) by written notice given to the surveyor.
(3) An exemption may be granted subject to conditions.
(4) An exemption does not apply to a registered surveyor unless the surveyor
complies with the conditions of the exemption.
(5) It is a condition of an exemption that a registered surveyor--
(a) must record on each survey plan to which the exemption relates--
(i) that an exemption has been relied on, and
(ii) information sufficient to identify the particular exemption, and
(iii) if the conditions to which the exemption is subject require
additional information to be included--the required information,
and
(b) must, when lodging the survey plan with the Registrar-General or a
public authority, give the Registrar-General or public authority a copy
of the exemption.
(6) The regulations may prescribe requirements for applications made under
subsection (2)(b)(i), including--
(a) the requirement that applications be in a form approved by the
Surveyor-General, and
(b) the fee that must accompany an application.
1.21 Surveying and Spatial Information Regulation 2017
Clause 91 Exemption by Surveyor-General
Omit the clause.
1.22 Workers Compensation Act 1987 No 70
Schedule 6 Savings, transitional and other provisions
Insert after Part 19O--
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 1 Minor amendments
Part 19P Provisions consequent on repeal of Associated
General Contractors Insurance Company Limited
Act 1980 and Bishopsgate Insurance Australia
Limited Act 1983
1 Definition
In this part--
repealed Act means the following--
(a) the Associated General Contractors Insurance Company Limited Act
1980,
(b) the Bishopsgate Insurance Australia Limited Act 1983.
2 Saving of claims
A claim arising under a repealed Act continues, despite the repeal of the Act,
to be a claim payable by the Insurer's Guarantee Fund under this Act, Part 7,
Division 7.
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 2 Statute law revision amendments
Schedule 2 Statute law revision amendments
2.1 Adoption Act 2000 No 75
Section 29 Adoption by relative
Omit "section 53 (b)" from section 29(a). Insert instead "section 53(1)(b)".
2.2 Environmental Planning and Assessment Act 1979 No 203
Section 7.22 Definitions
Omit "section 7.24(1)" from the definition of measures to conserve or enhance the natural
environment.
Insert instead "section 7.25".
2.3 Government Sector Employment Regulation 2014
Clause 24 Repayment of severance or redundancy payments for non-executives on
re-employment in public sector: section 88 (3) of Act
Omit "and," from clause 24(3), definition of employment, paragraph (c).
Insert instead ", and".
2.4 Greater Sydney Parklands Trust Act 2022 No 9
Schedule 4 Dictionary
Omit "section 7" from the definition of Greater Sydney Parklands Trust.
Insert instead "section 5".
2.5 Health Care Complaints Act 1993 No 105
Section 92A Expedition of certain matters
Omit "section 149C". Insert instead "section 150D".
2.6 Land and Environment Court Act 1979 No 204
Section 18 Class 2--local government and miscellaneous appeals and applications
Omit "section 83" from section 18(k). Insert instead "section 90".
2.7 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Section 80J Decisions about applications for DECCD access orders
Omit "considers" from section 80J(2)(b).
2.8 Local Government Act 1993 No 30
[1] Section 52, heading
Omit the heading. Insert instead--
52 Effect of Environmental Planning and Assessment Act 1979, s 3.16
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 2 Statute law revision amendments
[2] Section 52, note
Omit "Section 28 of the Environmental Planning and Assessment Act 1979".
Insert instead "The Environmental Planning and Assessment Act 1979, section 3.16".
[3] Section 52, note
Omit "Section 52 prevents section 28 of that Act".
Insert instead "This section prevents that Act, section 3.16".
2.9 Mental Health and Cognitive Impairment Forensic Provisions Act 2020
No 12
Sections 53(4), 78(f), 91(c), 147(2) and (5), 150(2), 151(2) and 152(1)(b)
Omit "Minister for Health and Medical Research" wherever occurring.
Insert instead "Minister for Health".
2.10 Police Act 1990 No 47
[1] Section 131 Dealing with misconduct matters
Omit "Part 8 of the Government Sector Employment Rules 2014" from section 131(1), note.
Insert instead "the Government Sector Employment (NSW Police Force) Rules 2017, Part
6".
[2] Section 179 Application of Industrial Relations Act 1996
Omit "President of the Commission" wherever occurring in section 179(2) and (3).
Insert instead "Chief Commissioner".
[3] Section 179(3)
Omit "President's". Insert instead "Chief Commissioner's".
2.11 Security Industry Act 1997 No 157
Section 27A Provision of approved training, assessment and instruction
Omit "sections 15 (1) (d), 17 (7)," from section 27A(1).
Insert instead "sections 15(1)(f)(iii), 17(7),".
2.12 State Environmental Planning Policy (Primary Production) 2021
Section 2.16 Certain development to temporarily contain livestock permissible
without consent
Omit "adjacent and" from section 2.16(3)(d). Insert instead "adjacent land".
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 3 Government sector finance consequential amendments
Schedule 3 Government sector finance consequential
amendments
3.1 Children's Guardian Act 2019 No 25
Section 8N Annual reporting
Omit "in its annual report made under the Annual Reports (Departments) Act 1985 or the
Annual Reports (Statutory Bodies) Act 1984".
Insert instead "in its annual reporting information prepared under the Government Sector
Finance Act 2018".
3.2 Forestry Restructuring and Nature Conservation Act 1995 No 50
Section 12 Audit by Auditor-General of payments from the Fund
Omit "Public Finance and Audit Act 1983".
Insert instead "Government Sector Audit Act 1983".
3.3 Greater Sydney Parklands Trust Act 2022 No 9
Sections 15(2), 21(5) and 24(6)
Omit "annual report under the Annual Reports (Statutory Bodies) Act 1984" wherever
occurring.
Insert instead "annual reporting information prepared under the Government Sector
Finance Act 2018".
3.4 Government Information (Public Access) Regulation 2018
Clause 8 Annual reporting requirements under section 125 of Act
Omit the note at the end of the clause. Insert instead--
Note-- An agency's report under the Act, section 125 may be included in the agency's
annual reporting information required to be prepared under the Government Sector
Finance Act 2018, Division 7.3.
3.5 Government Sector Employment (General) Rules 2014
Rule 28 Application of Part
Omit "Public Finance and Audit Act 1983" from rule 28(4)(b)(i).
Insert instead "Government Sector Audit Act 1983".
3.6 Government Sector Finance Act 2018 No 55
Schedule 1 Savings, transitional and other provisions
Insert after clause 9A--
9B References to annual reports
(1) This clause applies to a GSF agency to which either of the following applied
immediately before its repeal--
(a) the Annual Reports (Statutory Bodies) Act 1984,
(b) the Annual Reports (Departments) Act 1985.
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 3 Government sector finance consequential amendments
(2) A reference in an affected provision to an annual report of the GSF agency
must be read, on and from 1 July 2023, as a reference to annual reporting
information for the GSF agency.
3.7 State Records Act 1998 No 17
Section 12 Records management obligations
Omit "annual report under the Annual Reports (Statutory Bodies) Act 1984" from section
12(6).
Insert instead "annual reporting information prepared under the Government Sector
Finance Act 2018".
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
Schedule 4 Amendments relating to machinery of
government changes
4.1 Aboriginal Land Rights Act 1983 No 42
Section 165A Delegation
Omit "Aboriginal Affairs, Department of Premier and Cabinet" from section 165A(a).
Insert instead "the Premier's Department".
4.2 Advocate for Children and Young People Act 2014 No 29
Section 31 Exemptions for Cabinet documents and other privileged material
Omit "the Department of Premier and Cabinet" from section 31(2).
Insert instead "the Cabinet Office".
4.3 Anzac Memorial (Building) Act 1923 No 27
Section 9A Delegation by trustees
Omit "the Department of Premier and Cabinet".
Insert instead "the Department of Communities and Justice".
4.4 Cemeteries and Crematoria Act 2013 No 105
Dictionary
Omit "the Director-General of the Department of Premier and Cabinet" from the definition
of Cemetery, note, paragraph (c)(ii).
Instead instead "the Secretary of the Department of Planning and Environment".
4.5 Children's Guardian Act 2019 No 25
[1] Section 51 Notice to particular persons of reportable conduct or reportable
conviction
Omit "the Department of Premier and Cabinet" from section 51(2)(c).
Insert instead "the Premier's Department".
[2] Section 70 Cabinet information and proceedings
Omit "the Department of Premier and Cabinet" from section 70(2).
Insert instead "the Cabinet Office".
4.6 Civil and Administrative Tribunal Act 2013 No 2
Section 66 Effect of Government Information (Public Access) Act 2009
Omit "the Department of Premier and Cabinet" wherever occurring in section 66(4).
Insert instead "the Cabinet Office".
Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
4.7 Coroners Act 2009 No 41
Section 101E Members of Team
Omit section 101E(3)(a). Insert instead--
(a) the Premier's Department,
4.8 Electoral Act 2017 No 66
Section 111 Use of prescribed premises as voting centres
Omit "the Department of Premier and Cabinet" from section 111(1).
Insert instead "the Cabinet Office".
4.9 Electricity Network Assets (Authorised Transactions) Act 2015 No 5
Section 8 Electricity price guarantee
Omit "the Department of Premier and Cabinet" wherever occurring in section 8(3) and (6).
Insert instead "the Cabinet Office".
4.10 Electricity Supply Act 1995 No 94
[1] Section 97HD Cabinet information and proceedings
Omit "the Department of Premier and Cabinet" from section 97HD(2).
Insert instead "the Cabinet Office".
[2] Schedule 4A Energy security safeguard schemes
Omit "Secretary of the Department of Premier and Cabinet, or the General Counsel of that
Department," from clause 63(2).
Insert instead "Secretary or General Counsel of the Cabinet Office".
[3] Schedule 4A, clauses 132(2) and 198(2)
Omit "Secretary of the Department of Premier and Cabinet, or the General Counsel of the
Department," wherever occurring.
Insert instead "Secretary or General Counsel of the Cabinet Office".
4.11 Environmental Planning and Assessment Act 1979 No 203
[1] Section 9.2, heading
Omit "Department of Premier and Cabinet".
Insert instead "Premier's Department".
[2] Section 9.2(1) and (2)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
4.12 Government Information (Information Commissioner) Act 2009 No 53
[1] Section 24 Report on compliance with Information Act
Omit "the Department of Premier and Cabinet" from section 24(1)(c).
Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
Insert instead "the Premier's Department".
[2] Section 30 Cabinet proceedings
Omit "the Department of Premier and Cabinet" from section 30(2).
Insert instead "the Cabinet Office".
4.13 Government Information (Public Access) Regulation 2018
[1] Schedule 3 Agencies declared to be part of other agencies
Omit "Department of Premier and Cabinet" from the matter relating to Library Council of
New South Wales.
Insert instead "Department of Enterprise, Investment and Trade".
[2] Schedule 3
Omit "Department of Education" from the matter relating to Registrar under the Aboriginal
Land Rights Act 1983.
Insert instead "Premier's Department".
4.14 Government Sector Employment Act 2013 No 40
[1] Sections 18(2)(d) and 49(1), definition of "Industrial Relations Secretary" and note
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
[2] Section 83, heading
Omit "DPC Secretary".
Insert instead "Secretary of Premier's Department".
[3] Section 83(1), definition of "DPC Secretary"
Omit the definition. Insert in alphabetical order--
Secretary means the Secretary of the Premier's Department.
[4] Section 83(2)-(4A) and (6)
Omit "DPC" wherever occurring.
4.15 Government Sector Finance Regulation 2018
Clause 5 Accountable authority: section 2.7 (3) of Act
Omit "the Department of Premier and Cabinet".
Insert instead "the Department of Planning and Environment".
4.16 Greater Cities Commission Act 2022 No 8
[1] Section 6 Members of Commission
Omit section 6(1)(d)(i). Insert instead--
(i) the Secretary of the Cabinet Office,
Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
[2] Section 12 Delegation of Commission's functions
Omit "the Department of Premier and Cabinet" from section 12(4), definition of authorised
person or body, paragraph (f).
Insert instead "the Cabinet Office".
4.17 Heritage Act 1977 No 136
Sections 23(4), 36(1)(e), 121(5)(c) and 151(2)(b) and (3)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Department of Planning and Environment".
4.18 Independent Commission Against Corruption Regulation 2017
[1] Appendix NSW Ministerial Code of Conduct
Omit "the Department of Premier and Cabinet" wherever occurring in clause 11.
Insert instead "the Cabinet Office".
[2] Appendix, Schedule to the NSW Ministerial Code of Conduct
Omit "the Department of Premier and Cabinet" wherever occurring in clauses 17(2),
18(3)-(5), 19, 21(2) and 22(3).
Insert instead "the Cabinet Office".
4.19 Independent Pricing and Regulatory Tribunal Act 1992 No 39
Section 25A Cabinet information and proceedings
Omit "the Department of Premier and Cabinet" from section 25A(2).
Insert instead "the Cabinet Office".
4.20 Industrial Relations Act 1996 No 17
Section 92 Application of Part
Omit "the Department of Premier and Cabinet" from section 92(2).
Insert instead "the Premier's Department".
4.21 Industrial Relations Advisory Council Act 2010 No 76
Section 6(1)(b) and Schedule 1, clause 7(2)(b)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
4.22 Industrial Relations (General) Regulation 2020
Clause 40(1) and Schedule 1, items 5-7
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
4.23 Infrastructure NSW Act 2011 No 23
Section 8 Board of Infrastructure NSW
Omit section 8(2)(d). Insert instead--
(d) the Secretary of the Cabinet Office,
4.24 Jobs for NSW Act 2015 No 25
Section 5 Establishment of Jobs for NSW
Omit "the Department of Premier and Cabinet" from section 5(2)(d).
Insert instead "the Premier's Department".
4.25 Local Government Act 1993 No 30
Sections 400J(2)(c) and 400T(2)(a)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
4.26 Local Government (General) Regulation 2021
Section 112 Consultation concerning categorisation of land as an area of cultural
significance
Omit section 112(2)(a)(iv). Insert instead--
(iv) the Secretary of the Premier's Department,
4.27 Members of Parliament Staff Act 2013 No 41
Section 10 and Schedule 2, clauses 7(1) and 8(1) and (2)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Premier's Department".
4.28 Music Festivals Act 2019 No 17
Section 15 Membership of music festival roundtable
Omit section 15(a)(i). Insert instead--
(i) the Cabinet Office,
4.29 Natural Resources Commission Act 2003 No 102
Section 19 Cabinet information and proceedings
Omit "the Department of Premier and Cabinet" from section 19(2).
Insert instead "the Cabinet Office".
4.30 Ombudsman Act 1974 No 68
Section 22 Cabinet information and proceedings
Omit "the Department of Premier and Cabinet" from section 22(2).
Insert instead "the Cabinet Office".
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
4.31 Parliamentary Budget Officer Act 2010 No 83
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
Department means the Cabinet Office.
[2] Sections 3(1), definition of "Secretary" and 16(3A)-(5)
Omit "of Premier and Cabinet" wherever occurring.
4.32 Payroll Tax Act 2007 No 21
Section 66F Exemption for employers under Jobs Plus agreements
Omit "the Department of Premier and Cabinet" from section 66F(12), definition of Jobs
Plus administrator, paragraph (c).
Insert instead "the Premier's Department".
4.33 Privacy and Personal Information Protection Act 1998 No 133
Section 43 Disclosure of Cabinet or Executive Council information
Omit "the Department of Premier and Cabinet" from section 43(2).
Insert instead "the Cabinet Office".
4.34 Public Health Regulation 2022
Section 92 Burials in certain areas prohibited
Omit "the Department of Premier and Cabinet" from section 92(1)(d)(ii).
Insert instead "the Department of Planning and Environment".
4.35 Public Interest Disclosures Act 1994 No 92
Section 6A Steering Committee
Omit "the Department of Premier and Cabinet" wherever occurring in section 6A(1)(b) and
(4).
Insert instead "the Cabinet Office".
4.36 Public Interest Disclosures Act 2022 No 14
Sections 67(2)(b) and 70
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Cabinet Office".
4.37 Public Works and Procurement Regulation 2019
Clause 19 Cabinet information and proceedings
Omit "the General Counsel of the Department of Premier and Cabinet" from clause 19(2).
Insert instead "the Secretary or General Counsel of the Cabinet Office".
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 4 Amendments relating to machinery of government changes
4.38 Road Transport (General) Regulation 2021
Schedule 4 Authorised officers
Omit "the Department of Premier and Cabinet" wherever occurring in Schedule 4,
definition of Class 6 officer, paragraph (b).
Insert instead "the Department of Planning and Environment".
4.39 State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008
Schedule 11 Conditions applying to complying development certificates under the
Agritourism and Farm Stay Accommodation Code
Omit "the Department of Premier and Cabinet" from clause 15(b).
Insert instead "the Department of Planning and Environment".
4.40 State Environmental Planning Policy (Transport and Infrastructure)
2021
Section 3.21 General conditions of complying development certificates
Omit "the Department of Premier and Cabinet" from section 3.21(10)(b).
Insert instead "the Department of Planning and Environment".
4.41 State Records Act 1998 No 17
Sections 7(4A) and 16(1)
Omit "the Department of Premier and Cabinet" wherever occurring.
Insert instead "the Cabinet Office".
4.42 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Section 7 Assessors
Omit "the Department of Premier and Cabinet" from section 7(1)(a).
Insert instead "the Premier's Department".
4.43 Victims Rights and Support Act 2013 No 37
Section 112A Provision of personal information to victims of crime and family
victims
Omit section 112A(3), definition of victims rights agency, paragraph (c).
Insert instead--
(c) the Cabinet Office,
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 5 Repeals
Schedule 5 Repeals
Repeal of redundant Acts
The following Acts are repealed--
Act Provisions repealed
Associated General Contractors Insurance Whole Act
Company Limited Act 1980 No 38
Bishopsgate Insurance Australia Limited Act Whole Act
1983 No 81
Workers Compensation Amendment Act Whole Act
2015 No 18
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [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 this Act to an amending provision is, if the amending
provision has commenced before the amendment, taken to have effect as from the
commencement of the amending provision, whether or not the amending provision
has been repealed.
(2) In this section--
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 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.
2 Revocation of repeal
The Interpretation Act 1987, section 29A applies to the repeal of Acts or instruments,
or provisions of Acts or instruments, by this Act.
3 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the commencement of a provision of this Act.
(2) A savings or transitional provision consequent on the commencement of a provision
must not be made more than 2 years after the commencement.
(3) A savings or transitional provision made consequent on the commencement of a
provision is repealed 2 years after the commencement.
(4) A savings or transitional provision made consequent on the commencement of a
provision may take effect before the commencement but not before the date of assent
to this Act.
(5) A savings or transitional provision taking effect before its publication on the NSW
legislation website does not--
(a) affect the rights of a person existing before the publication in a way prejudicial
to the person, or
(b) impose liabilities on a person for anything done or omitted to be done before
the publication.
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2023 [NSW]
Schedule 6 General savings, transitional and other provisions
(6) In this section--
person does not include the State or an authority of the State.
Page 26
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