Interpretation Amendment Act 2006 (NSW)

An Act to amend the Interpretation Act 1987 with respect to statutory bodies representing the Crown, the electronic or other publication of legislation and other matters; to repeal the Reprints Act 1972; and to make consequential amendments to other Acts.

1Name of Act

This Act is the Interpretation Amendment Act 2006.

2Commencement(1)

This Act commences on the date of assent, except as provided by subsection (2).

(2)

Section 4, Schedule 1 [3], [4], [6], [7], [8], [9] and [10] and Schedule 2 commence on a day or days to be appointed by proclamation.

3Amendment of Interpretation Act 1987 No 15

The Interpretation Act 1987 is amended as set out in Schedule 1.

4Amendment of other Acts

The Acts specified in Schedule 2 are amended as set out in that Schedule.

5

(Repealed)

6Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Interpretation Act 1987

(Section 3)

[1], [2]

(Repealed)

[3]Section 21 (1)

Omit the definition of proclamation. Insert instead:

proclamation means a proclamation of the Governor published in the Gazette or on the NSW legislation website.

[4]Section 23 Commencement of Acts

Omit “in the Gazette” wherever occurring.

[5]

(Repealed)

[6]Section 23 (8)

Insert after section 23 (7):

(8)

In this section, published means published in the Gazette or on the NSW legislation website.

[7]Section 39 The making of statutory rules

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

[8]Section 40 Notice of statutory rules to be tabled

Omit section 40 (1) and (2). Insert instead:

(1)

Written notice of the making of a statutory rule must be laid before each House of Parliament within 14 sitting days of that House after the day on which it is published on the NSW legislation website.

(2)

A written notice is to identify the statutory rule to which it relates.

[9]Section 44

Insert after section 43:

44Publication of certain miscellaneous statutory instruments on NSW legislation website(1)

In this section, miscellaneous statutory instrument means an instrument of a legislative nature that is required by an Act or instrument to be published in the Gazette.

(2)

The Governor may, by regulation, require miscellaneous statutory instruments of a specified kind or class to be published on the NSW legislation website instead of or in addition to the Gazette.

(3)

The regulations may, for that purpose, make consequential amendments to the relevant Acts or instruments.

[10]Section 45 Presumption of validity of certain instruments

Insert “on the NSW legislation website or” after “published” in section 45 (2).

[11], [12]

(Repealed)

Schedule 2Amendment of other Acts

(Section 4)

Environmental Planning and Assessment Act 1979 No 203[1]Section 33A Standardisation of local and other environmental planning instruments

Omit “in the Gazette” from section 33A (1).

Insert instead “on the NSW legislation website”.

[2]Section 33B Staged repeal and review of environmental planning instruments

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

[3]Section 34 Environmental planning instruments—making, operation and inspection

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

[4]Section 35 Validity of instruments

Omit “in the Gazette”. Insert instead “on the NSW legislation website”.

[5]Section 72C Consideration and making of plan

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

[6]Section 72F Making of local environmental plan following decision of Court

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

[7]Section 72G Date from which consent operates

Omit “in the Gazette”. Insert instead “on the NSW legislation website”.

[8]Section 154 Transfer or amalgamation of land to which an environmental planning instrument applies

Omit “in the Gazette” from section 154 (2) (b).

Insert instead “on the NSW legislation website”.

[9]Schedule 6 Savings, transitional and other provisions

Omit “in the Gazette” from clause 1 (3) in Part 1.

Insert instead “on the NSW legislation website”.

Public Sector Employment and Management Act 2002 No 43[1]Section 66 Amendment or substitution of Schedule 2

Omit “, by order published in the Gazette,” wherever occurring.

[2]Section 108 Orders to change references in Acts, section 110 Publication and commencement of orders, section 112 Operation of orders

Omit “in the Gazette” wherever occurring.

Insert instead “on the NSW legislation website”.

Subordinate Legislation Act 1989 No 146[1]Section 5 Regulatory impact statements

Omit “in the Gazette” from section 5 (4).

[2]Section 8 Remaking of disallowed statutory rule

Omit “in the Gazette” from section 8 (2).

Insert instead “on the NSW legislation website”.

[3]Section 8 (3)

Omit “in the Gazette”.

[4]Section 11 Postponement of repeal in specific cases

Omit “in the Gazette” from section 11 (1).

Insert instead “on the NSW legislation website”.

[5]Section 12 Machinery provisions regarding repeals

Insert “on the NSW legislation website or” after “published” where firstly occurring in section 12 (1) (a).