Meat Industry Act 1978 (NSW)
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This version has been updated.
An Act to provide for the regulation and control of the meat industry in New South Wales; to constitute and define the functions of the New South Wales Meat Industry Consultative Council; and to repeal the Meat Industry Authority Act 1970 and the Meat Industry Act 1915.
This Act may be cited as the Meat Industry Act 1978.
This section, section 1 and so much of this Act as is necessary to be in force for the purpose of the constitution of the roll referred to in section 45 (1) (e), and the conduct of any election of members of the Authority as first constituted or for any purpose incidental thereto shall commence on the date of assent to this Act.
Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
In this Act, the
(Repealed)
(Repealed)
In respect of a year commencing on 1 January, a meat industry levy shall be payable to the Food Authority by every occupier of land liable to pay an animal health rate in respect of that year under the Local Land Services Act 2013.
The amount of the levy payable by an occupier under subsection (1) is—
(a) the sum of $5 together with an amount calculated at the rate of 0.9 cents (or such other rate as may be prescribed) for each stock unit of the notional carrying capacity of the land, as assessed by or under the Local Land Services Act 2013, in respect of which the animal health rate is payable, or
(b) $100 (or such other amount as may be prescribed),
whichever is the lesser amount.
Notice of the amount of the meat industry levy payable under this section shall be given by service of a written notice on the occupier not later than the prescribed date in each year and may be given by the Food Authority or its agent.
Where an occupier of land is liable to pay 2 or more animal health rates in respect of any land within the same district within the meaning of the Rural Lands Protection Act 1998 immediately before its repeal, the amount of the meat industry levy payable may, on the application of the occupier to the Food Authority or its agent, be calculated in relation to the combined notional carrying capacity of each area of land in respect of which an animal health rate is payable.
Where an occupier of land within the same or different districts within the meaning of the Rural Lands Protection Act 1998 immediately before its repeal pays to the Food Authority or its agents meat industry levies in respect of different parcels of land the total of which exceed $100 or, if an amount is prescribed for the purposes of subsection (2) (b), that amount, the Food Authority or its agent shall, on the application of the occupier, refund to the occupier the amount of the excess.
If for any reason notice of the amount of the meat industry levy is not given within or by the time prescribed under this Act, the Minister may extend the time for the giving of the notice.
Every meat industry levy shall be due and payable to and recoverable by the Food Authority or its agent after the expiration of 31 days after service of the notice referred to in section 59A.
The occupier of land shall be primarily liable for payment of a meat industry levy payable in respect of that land.
Two or more occupiers of land who hold jointly or in common shall be jointly and severally liable to the Food Authority for a meat industry levy payable in respect of that land, but as between themselves each shall be liable only for such part of the levy as is proportionate to the occupier’s interest in the land.
An occupier referred to in subsection (3) who pays to the Food Authority more than the occupier’s proportionate part of the meat industry levy may recover the amount of the excess by way of contribution from the other occupier or occupiers, as the case may be.
Where the name of the occupier liable to pay the meat industry levy is not known to the Food Authority or its agent, it shall be sufficient to levy the occupier by the designation of “occupier” without stating the occupier’s name.
Where the whole or part of a meat industry levy is unpaid after the expiration of 12 months after the date on which it became due and payable to and recoverable by the Food Authority or its agent, the owner of the land in respect of which the levy is payable shall be liable for payment of the unpaid levy and any interest or any other charges payable in respect of the levy.
A person who is liable to pay a meat industry levy shall not fail to pay the whole of the levy on or before the due date.
Maximum penalty—10 penalty units.
An owner referred to in subsection (6) who pays the whole or part of an unpaid meat industry levy or any interest or charges payable in respect of a levy may recover the amount paid from the occupier of the land concerned.
Nothing in subsection (6) affects an occupier’s liability for payment of a meat industry levy.
Subsection (6) does not apply to land the subject of a lease, licence or purchase from the Crown.
Subsections (3) and (4) apply to 2 or more owners of land liable under subsection (6) for payment of an unpaid meat industry levy as if a reference in subsections (3) and (4) to an occupier or occupiers were a reference to those owners.
Where a person ceases to be the occupier or owner of any land in respect of which a meat industry levy is payable, the person shall continue to be liable to the Food Authority for the levy to the same extent as if the person had continued to be the occupier or owner of the land, if the notice of the amount of the levy is given either—
(a) before the person ceases to be the occupier or owner of the land, or
(b) before the Food Authority or its agent has received notice under section 59E(1) of the person ceasing to be the occupier or owner of the land.
Where a person who ceases to be the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which becomes due and payable after the person has ceased to be the occupier or owner of the land and before the Food Authority or its agent has received the notice under section 59E(1), the person may recover the amount from any person who thereafter becomes the occupier or owner, as the case may be, of the land.
As between successive occupiers or owners of land a meat industry levy shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.
A person shall, within one month of ceasing to be or becoming the occupier or owner of land in respect of which a meat industry levy is payable, give notice, in the form approved by the Food Authority, to the Food Authority or its agent.
Maximum penalty—5 penalty units.
Proceedings in respect of any offence under this section may, notwithstanding any limit of time prescribed by any Act for instituting proceedings, be commenced at any time within the period of 2 years after the commission of the offence.
A person who, in any year, becomes the occupier or owner of any land in respect of which a meat industry levy is due and payable for that year, shall be liable to the Food Authority for that meat industry levy and for all arrears of the levy owing by any previous occupier or owner in respect of the land, whether or not the person became the owner or occupier of the land after the meat industry levy became due and payable.
Subsection (1) does not affect or extend to an occupier of land the subject of a lease, licence or purchase from the Crown, where the lease or licence is granted or purchase is made after a levy referred to in that subsection is payable, whether or not the land has been previously held under a lease, licence or purchase from the Crown.
Any person may apply to the Food Authority for a certificate under this section as to the amount, if any, due or payable to the Food Authority by the occupier or owner of land for a meat industry levy in respect of the land or otherwise.
An application for a certificate referred to in subsection (3) shall be made in the form approved by the Food Authority and shall be accompanied by the prescribed fee.
A certificate referred to in subsection (3) shall be in the form approved by the Food Authority.
The production of a certificate referred to in subsection (3) shall be deemed to be conclusive proof in favour of a person who becomes an occupier or owner of the land to which the certificate relates that at the date of the certificate no levies, charges or sums other than those stated in the certificate were due or payable in respect of the land.
For the purposes of this section levies, charges or sums of money shall be deemed to be due or payable notwithstanding that the requisite period after service of any notice may not have expired.
If the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which accrued during the occupancy or ownership of the land by some other person, the occupier or owner may recover from that other person such proportion of the levy as accrued while that other person was the occupier or owner of the land.
In any proceedings for the recovery of any meat industry levy, objection to the validity of the levy shall not be allowed and shall not prevent the recovery of the levy.
An occupier or owner desiring to object to the validity of any meat industry levy may object to its validity before a prescribed court in the prescribed manner subject to such conditions and the payment of such fees as may be prescribed.
Overdue meat industry levies shall be increased in accordance with this section.
Where the whole or part of a meat industry levy is unpaid after the expiration of 60 days from the date on which the levy became due and payable to and recoverable by the Food Authority or its agent, the amount due shall be increased by a sum calculated at the prescribed rate per cent per annum, and the increase shall be deemed to be part of the levy.
The calculation under subsection (2) shall be made in respect only of as many complete months as have expired between the due date and the date of payment, excluding any remaining portion of a month.
If in any case the percentage is less than 10 cents, the increase shall be 10 cents.
This section shall continue to apply to all unpaid levies notwithstanding that judgment may have been obtained in any court, including the District Court.
Any meat industry levies not paid as required by this Part may be recovered by the Food Authority or its agent as a debt in any court of competent jurisdiction.
All meat industry levies due and payable by the same person, whether in respect of occupation or ownership of the same or different land, may be recovered by proceedings in one action or suit.
(Repealed)
The Food Authority may enter into an agreement or arrangement with Local Land Services for or with respect to the issue of notices specifying the amount of a meat industry levy and the undertaking by Local Land Services on behalf of the Food Authority of the collection and recovery of meat industry levies.
Without affecting the generality of subsection (1), an agreement or arrangement referred to in subsection (1) may—
(a) provide for the deduction of commission by Local Land Services, and
(b) authorise Local Land Services to take any action or proceedings which could be taken by the Food Authority to recover unpaid meat industry levies under this Act.
The Minister may, at the Minister’s discretion, direct the Food Authority—
(a) to waive payment of any meat industry levy or part of any meat industry levy, or
(b) to refund to an occupier or owner any meat industry levy or part of any meat industry levy,
or both.
The Minister may authorise the Food Authority to write off any amount owing to it whether for meat industry levies or otherwise if the Minister is satisfied that the amount is not recoverable.
Every meat industry levy shall be entered in a prescribed levy book which shall be kept by the Food Authority or its agent in the prescribed form and manner.
The Food Authority or its agent may, in the prescribed manner, make or cause to be made such amendments and may remedy or cause to be remedied such omissions in the entries in the levy book kept by the Food Authority as may be necessary.
Except in the case of formal amendments, an amendment of the levy book kept by the Food Authority in respect of the occupier of any holding shall be deemed to be a determination by the Food Authority of the amount so payable under a levy by the occupier in respect of the holding.
In any proceedings for the recovery of any levy—
(a) an entry in the levy book, the entry being one of a series prescribed to be made, shall be evidence of the matters recorded in the levy book, and
(b) a copy of an entry in the levy book, the entry being one of a series prescribed to be made, shall be evidence of the entry and of the matters recorded in the levy book.
The regulations may exempt from the operation of all or any of the provisions of this Part any land or any person or class of persons.
An exemption under subsection (1) may be given unconditionally or subject to such conditions as may be prescribed in respect of the exemption.
Where an exemption under subsection (1) is given subject to conditions, the exemption does not have effect during any period when the conditions are not complied with.
In any proceedings for the purposes of this Part, proof shall not, until evidence is given to the contrary, be required of the appointment of an agent of the Food Authority.
(Repealed)
The Food Authority may invest money held by it under this Act in Government securities of the Commonwealth or of the State or in any securities guaranteed by the Government of the State, or on call or on fixed deposit, or partly on call and partly on fixed deposit, with the Treasurer or with any bank, building society or credit union or in such other manner as the Governor approves or as is prescribed.
(Repealed)
All money received under this Act by the Food Authority or its officers or employees, and all money appropriated by Parliament for the purposes of the functions of the Food Authority under this Act are to go to form a fund out of which may be paid—
(a) the expenses of the Council, and
(b) all expenses of the Food Authority in the carrying out of its functions under this Act.
The Food Authority is to ensure, as far as is reasonably practicable, that money received by the Food Authority under this Act after the commencement of this section is used for the purposes of carrying out its functions under this Act or in connection with any food safety scheme (within the meaning of the Food Act 2003) relating to the meat industry.
(Repealed)
The Minister may delegate to a person the exercise of any of the Minister’s functions under this Act, other than this power of delegation.
A delegation under this section—
(a) shall be in writing,
(b) may be general or limited, and
(c) may be revoked, wholly or partly, by the Minister.
A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.
A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Minister.
A delegation under this section does not prevent the exercise of a function by the Minister.
A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Proceedings for an offence against this Act may be dealt with before the Local Court or before the Supreme Court in its summary jurisdiction.
Proceedings for an offence against the regulations are to be disposed of in a summary manner before the Local Court.
The maximum pecuniary penalty that may be imposed by the Local Court in proceedings for an offence against this Act is 50 penalty units or the maximum penalty provided by this Act in respect of the offence, whichever is the lesser.
If proceedings for an offence against this Act are brought before the Supreme Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.
An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
The Fines Act 1996 applies to a penalty notice issued under this section.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
In this section,
(a) an inspector, or
(b) a member of the NSW Police Force.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for—
(a) the form, manner of service and time of issue in any year of notices specifying the amount of a meat industry levy, or
(b) objections by occupiers to the validity of a meat industry levy, or
(c) all other matters incidental to the regulation of meat industry levies.
The regulations may incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by an authority or body (whether or not it is a New South Wales authority or body).
A regulation may impose a penalty not exceeding 50 penalty units for an offence against the regulations and, in addition, for a continuing offence, a daily penalty not exceeding 5 penalty units.
A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified or described in the regulation,
or may do any combination of those things.
(Repealed)
Schedule 6 has effect.
(Repealed)
(Section 81)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Meat Industry Amendment Act 1998
• Food Legislation Amendment Act 2004
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(Repealed)
For orders under sec 7 (1) before its repeal, see Gazettes No 8 of 18.1.1980, p 218; No 117 of 22.8.1980, p 4385; No 129 of 12.9.1980, p 4776; No 75 of 29.5.1981, p 2903; No 109 of 10.11.1989, p 9494; No 56 of 8.4.1994, p 1544; No 78 of 10.6.1994, p 2850; No 110 of 8.9.1995, p 6487 and No 59 of 14.5.1999, p 3268.
Meat Industry Act 1978 No 54. Assented to 3.4.1978. Date of commencement, except as provided in sec 2 (1), 1.11.1978, sec 2 (2) and Gazettes No 140 of 27.10.1978, p 4256, and No 154 of 10.11.1978, p 4547. This Act has been amended by sec 6A (4) of this Act and as follows—
No 150 | Meat Industry (Further Amendment) Act 1978. Assented to 29.12.1978. Date of commencement of Schs 1 and 2, 1.1.1979, sec 2 (2). | |
No 122 | Meat Industry (Amendment) Act 1979. Assented to 19.10.1979. Date of commencement of Sch 1, except Sch 1 (11) (a), 21.1.1980, sec 2 (3) and GG No 8 of 18.1.1980, p 208; date of commencement of Sch 1 (11) (a), 1.11.1978, sec 2 (4). | |
No 36 | Meat Industry (Amendment) Act 1980. Assented to 16.4.1980. Date of commencement of sec 3, 1.11.1978, sec 2 (2). | |
No 187 | Miscellaneous Acts (Retirement of Statutory Officers) Amendment Act 1980. Assented to 17.12.1980. | |
No 83 | Miscellaneous Acts (Financial Accommodation) Amendment Act 1981. Assented to 9.6.1981. A proclamation was published in Gazette No 79 of 12.6.1981 p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments directed to be made by that Schedule have been included in this reprint. | |
No 46 | Meat Industry (Amendment) Act 1982. Assented to 5.5.1982. | |
No 135 | Health Administration Act 1982. Assented to 15.12.1982. Date of commencement of Sch 1, 17.12.1982, sec 2 (2) and GG No 177 of 17.12.1982, p 5869. | |
No 49 | Meat Industry (Amendment) Act 1983. Assented to 4.5.1983. Date of commencement of Schs 2, 3 and 4 (8), 1.7.1983, sec 2 (3) and GG No 89 of 24.6.1983, p 2837. | |
No 153 | Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983. Assented to 29.12.1983. Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19. | |
No 10 | Miscellaneous Acts (State Superannuation Fund) Amendment Act 1984. Assented to 31.5.1984. | |
No 171 | Meat Industry (Amendment) Act 1985. Assented to 3.12.1985. Date of commencement of Schs 1 and 2, 1.1.1986, sec 2 (2) and GG No 174 of 16.12.1985, p 6547. | |
No 218 | Statute Law (Miscellaneous Provisions) Act (No 2) 1986. Assented to 23.12.1986. | |
No 48 | Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. | |
No 33 | Meat Industry (Amendment) Act 1989. Assented to 10.5.1989. Date of commencement of Sch 1, 3.7.1989, sec 2 and GG No 81 of 30.6.1989, p 3811. | |
No 89 | Statute Law (Miscellaneous Provisions) Act 1989. Assented to 13.6.1989. Date of commencement of the provisions of Sch 1 relating to the Meat Industry Act 1978, assent, sec 2 (1). | |
No 105 | Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989. Assented to 15.8.1989. Date of commencement of items (1) and (2) of the provisions of Sch 1 relating to the Meat Industry Act 1978, 1.10.1989, sec 2 and GG No 98 of 29.9.1989, p 7742 (item (3) of those provisions was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 1990 No 46). | |
No 46 | Statute Law (Miscellaneous Provisions) Act 1990. Assented to 22.6.1990. Date of commencement of the provisions of Sch 1 relating to the Meat Industry Act 1978, assent, sec 2. | |
No 77 | Meat Industry (Amendment) Act 1990. Assented to 4.12.1990. Date of commencement, 1.1.1991, sec 2. | |
No 45 | Homebush Abattoir Corporation (Dissolution and Transfer) Act 1991. Assented to 27.11.1991. Date of commencement of Sch 1, 1.1.1992, sec 2 (1). | |
No 85 | Meat Industry (Game Meat) Amendment Act 1992. Assented to 27.11.1992. Date of commencement, 13.3.1993, sec 2 and GG No 24 of 12.3.1993, p 1001. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 3) 1992 No 111. Assented to 8.12.1992. Date of commencement of the provision of Sch 1 relating to the Meat Industry Act 1978, 19.4.1996, Sch 1 and GG No 49 of 19.4.1996, p 1790. The proclamation appointed 12.4.1996 as the date of commencement. Pursuant to section 23 (5) of the Interpretation Act 1987, the proclamation does not fail merely because it was not published in the Gazette until after the day appointed in the proclamation, but section 23 (5) provides, in that event, for that provision of the Act to commence on the day on which the proclamation was published in the Gazette. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of the provisions of Sch 1 relating to the Meat Industry Act 1978, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 99 | Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995. Date of commencement of Sch 3, 3 months after assent, sec 2 (3). | |
No 101 | Threatened Species Conservation Act 1995. Assented to 22.12.1995. Date of commencement of Sch 6, 1.1.1996, sec 2 (1) and GG No 158 of 22.12.1995, p 8802. | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 128 | Food Production (Safety) Act 1998. Assented to 26.11.1998. Date of commencement of Sch 3, 4.8.2000, sec 2 and GG No 101 of 4.8.2000, p 7169. Amended by Statute Law (Miscellaneous Provisions) Act 1999 No 31. Assented to 7.7.1999. Date of commencement of Sch 1.15, assent, sec 2 (2). Amended by Meat Industry Amendment Act 1999 No 51. Assented to 16.11.1999. Date of commencement, assent, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act 2000 No 53. Assented to 29.6.2000. Date of commencement of Sch 1.8, assent, sec 2 (2). | |
No 129 | Meat Industry Amendment Act 1998. Assented to 26.11.1998. Date of commencement, Sch 1 [11] excepted, 1.7.1999, sec 2 and GG No 72 of 25.6.1999, p 4080; Sch 1 [11] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93. Amended by Statute Law (Miscellaneous Provisions) Act 1999 No 31. Assented to 7.7.1999. Date of commencement of Sch 1.24, assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1999 No 85. Assented to 3.12.1999. Date of commencement of Sch 2.36, assent, sec 2 (2). |
No 143 | Rural Lands Protection Act 1998. Assented to 8.12.1998. Date of commencement of Sch 6, 28.9.2001, sec 2 and GG No 146 of 28.9.2001, p 8183. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 51 | Meat Industry Amendment Act 1999. Assented to 16.11.1999. Date of commencement, assent, sec 2. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Schs 1.19 and 2.35, assent, sec 2 (2). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 1.16, 4.8.2000, Sch 1.16 and GG No 101 of 4.8.2000, p 7170. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 1.28, assent, sec 2 (2). | |
No 16 | Food Legislation Amendment Act 2004. Assented to 24.3.2004. Date of commencement, 5.4.2004, sec 2 and GG No 69 of 2.4.2004, p 1795. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.65 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Sch 6.19 [1] and [2] were not commenced and were repealed by the Local Land Services Act 2013 No 51; date of commencement of Sch 6.19 [3], 1.1.2009, sec 2 (1). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1.7, assent, sec 2(e). |
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1995.
Long title | Am 1978 No 150, Sch 1 (1); 1991 No 45, Sch 1 (1); 1998 No 128, Sch 3 [1]. |
Sec 3 | Am 1978 No 150, Sch 1 (2); 1981 No 83, Sch 1; 1983 No 49, Sch 1 (1). Rep 1985 No 171, Sch 2 (1). Ins 2004 No 16, Sch 2.7 [1]. |
Sec 4 | Am 1978 No 54, sec 6A (4); 1978 No 150, Sch 1 (3); 1979 No 122, Sch 1 (1); 1983 No 49, Schs 2 (1), 4 (1); 1985 No 171, Sch 1 (1); 1990 No 77, Sch 2 (1); 1991 No 45, Sch 1 (2); 1992 No 85, Sch 1 (1); 1992 No 111, Sch 1; 1995 No 11, Sch 1, 1998 No 128, Sch 3 [2] [3] (am 2000 No 53, Sch 1.8 [1] [2]; 1998 No 129, Sch 1 [1]–[8] [9] (am 1999 No 31, Sch 1.24 [1] [2] [10]; 1999 No 85, Sch 1.19 [1]. Rep 2004 No 16, Sch 2.7 [2]. |
Sec 5 | Rep 2004 No 16, Sch 2.7 [2]. |
Sec 6 | Am 1987 No 48, Sch 32. Rep 2004 No 16, Sch 2.7 [2]. |
Sec 6A | Ins 2000 No 53, Sch 1.16. Am 1978 No 54, sec 6A (4). Rep 2004 No 16, Sch 2.7 [2]. |
Sec 6B | Ins 2000 No 53, Sch 1.16. Am 2003 No 40, Sch 1.28 [1]. Rep 2004 No 16, Sch 2.7 [2]. |
Sec 7 | Rep 2004 No 16, Sch 2.7 [2]. |
Sec 8 | Rep 1998 No 128, Sch 3 [4]. |
Part 2 | Rep 1978 No 54, sec 6A (4). |
Sec 9 | Am 1983 No 49, Sch 2 (2); 1992 No 85, Sch 1 (2); 1998 No 129, Sch 1 [12]. Rep 1978 No 54, sec 6A (4). |
Sec 10 | Am 1983 No 49, Schs 2 (3), 3 (1); 1985 No 171, Sch 2 (2); 1992 No 85, Sch 1 (3); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [13]–[15]. Rep 1978 No 54, sec 6A (4). |
Sec 11 | Am 1979 No 122, Sch 1 (2); 1983 No 49, Sch 2 (4); 1990 No 46, Sch 1; 1998 No 129, Sch 1 [16]. Rep 1978 No 54, sec 6A (4). |
Sec 11A | Ins 1979 No 122, Sch 1 (3). Am 1983 No 49, Schs 2 (5), 4 (2); 1990 No 46, Sch 1; 1998 No 129, Sch 1 [17] [18]. Rep 1978 No 54, sec 6A (4). |
Sec 11B | Ins 1979 No 122, Sch 1 (3). Rep 1978 No 54, sec 6A (4). |
Sec 11C | Ins 1979 No 122, Sch 1 (3). Subst 1998 No 129, Sch 1 [19]. Rep 1978 No 54, sec 6A (4). |
Sec 11D | Ins 1979 No 122, Sch 1 (3). Am 1998 No 129, Sch 1 [20] [21]. Rep 1978 No 54, sec 6A (4). |
Sec 12 | Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [22]. Rep 1978 No 54, sec 6A (4). |
Sec 13 | Rep 1979 No 122, Sch 1 (4). |
Sec 15 | Am 1983 No 49, Schs 2 (6), 3 (2); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [23]. Rep 1978 No 54, sec 6A (4). |
Sec 16 | Am 1979 No 122, Sch 1 (5); 1998 No 129, Sch 1 [24] [25]. Rep 1978 No 54, sec 6A (4). |
Sec 17 | Am 1979 No 122, Sch 1 (6). Rep 1978 No 54, sec 6A (4). |
Part 3 | Rep 1978 No 54, sec 6A (4). |
Part 3, Div 1, heading | Am 1998 No 129, Sch 1 [26]. Rep 1978 No 54, sec 6A (4). |
Sec 18 | Am 1983 No 49, Schs 1 (2), 4 (3), (4); 1998 No 129, Sch 1 [27]–[29]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 19 | Am 1983 No 49, Schs 2 (6), 4 (5); 1998 No 129, Sch 1 [30]–[33]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 20 | Am 1998 No 129, Sch 1 [34]–[36]. Rep 1978 No 54, sec 6A (4). |
Sec 21 | Am 1983 No 49, Schs 2 (7), 3 (3); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [37]–[40]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 22 | Am 1983 No 49, Schs 3 (4), 4 (6); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [41]–[43]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 22A | Ins 1983 No 49, Sch 2 (8). Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [44] [45]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 22B | Ins 1983 No 49, Sch 2 (8). Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [46] [47]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 22C | Ins 1998 No 129, Sch 1 [48]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Secs 23, 24 | Am 1983 No 49, Sch 3 (4); 1992 No 112, Sch 1. Subst 1998 No 129, Sch 1 [49]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 24A | Ins 1998 No 129, Sch 1 [49]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 25 | Am 1983 No 49, Sch 3 (5); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [50]–[52]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 26 | Am 1983 No 49, Sch 2 (9); 1992 No 85, Sch 1 (4); 1998 No 129, Sch 1 [53] [54]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 27 | Am 1983 No 49, Sch 2 (10). Rep 1998 No 129, Sch 1 [55]. |
Sec 28 | Am 1983 No 49, Sch 3 (4); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [56] [57]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 29 | Am 1983 No 49, Sch 4 (7); 1998 No 129, Sch 1 [54] [58]–[60]; 2001 No 121, Sch 2.145. Rep 1978 No 54, sec 6A (4). |
Sec 29A | Ins 1998 No 129, Sch 1 [61]. Rep 1978 No 54, sec 6A (4). |
Part 3, Div 2 | Rep 1998 No 129, Sch 1 [62]. |
Sec 30 | Am 1983 No 49, Sch 4 (4). Rep 1998 No 129, Sch 1 [62]. |
Secs 31, 32 | Rep 1998 No 129, Sch 1 [62]. |
Part 3, Div 3, heading | Subst 1998 No 129, Sch 1 [63]. Rep 1978 No 54, sec 6A (4). |
Sec 33 | Rep 1998 No 129, Sch 1 [64]. |
Sec 34 | Subst 1998 No 129, Sch 1 [65]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 35 | Am 1983 No 49, Sch 2 (11). Rep 1978 No 54, sec 6A (4). |
Sec 36 | Rep 1978 No 54, sec 6A (4). |
Secs 37, 38 | Am 1983 No 49, Sch 3 (6); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4). |
Sec 39 | Am 1983 No 49, Sch 3 (6); 1989 No 33, Sch 1 (1); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4). |
Sec 40 | Am 1983 No 49, Sch 3 (7); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4). |
Part 3, Div 3A (secs 40A–40C) | Ins 1998 No 129, Sch 1 [66]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Part 3, Div 4 | Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 41 | Am 1983 No 49, Schs 2 (12), 3 (4); 1989 No 33, Sch 1 (2); 1992 No 85, Sch 1 (5); 1992 No 112, Sch 1; 1995 No 101, Sch 6; 1998 No 129, Sch 1 [67]–[73]; 1999 No 85, Sch 1.19 [2]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 41A | Ins 1989 No 33, Sch 1 (3). Am 1992 No 85, Sch 1 (6); 1995 No 101, Sch 6; 1998 No 129, Sch 1 [74]–[81]; 1999 No 85, Sch 1.19 [3]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 42 | Am 1983 No 49, Schs 2 (13), 3 (4), 4 (8); 1992 No 85, Sch 1 (7); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [82]–[84]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Sec 43 | Am 1980 No 36, sec 3; 1983 No 49, Sch 3 (8); 1992 No 85, Sch 1 (8); 1992 No 112, Sch 1. Subst 1998 No 129, Sch 1 [85]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]). |
Part 3, Div 5 (secs 43A, 43B) | Ins 1983 No 49, Sch 1 (3). Rep 1998 No 129, Sch 1 [86]. |
Part 4, heading | Subst 1998 No 128, Sch 3 [7]. Rep 2004 No 16, Sch 2.7 [3]. |
Sec 44 | Rep 1998 No 128, Sch 3 [8]. |
Sec 45 | Subst 1998 No 129, Sch 1 [87]. Am 1999 No 51, Sch 1 [1] [2]. Rep 1998 No 128, Sch 3 [9]. |
Sec 46 | Am 1978 No 150, Schs 1 (4), 2, Part 1; 1979 No 122, Sch 1 (7); 1983 No 49, Sch 2 (14); 1989 No 33, Sch 1 (4); 1990 No 77, Sch 2 (2); 1991 No 45, Sch 1 (4); 1992 No 85, Sch 1 (9); 1995 No 11, Sch 1; 1998 No 128, Sch 3 [10]–[14]; 1998 No 129, Sch 1 [88]–[92]. Rep 2002 No 112, Sch 3. |
Part 5, heading | Am 1978 No 150, Sch 1 (5). Rep 1991 No 45, Sch 1 (3). Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4]. |
Part 5 | Rep 2004 No 16, Sch 2.7 [4]. |
Sec 47 | Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16] (am 1999 No 31, Sch 1.15 [1] [2]; 1999 No 51, Sch 2). Rep 2004 No 16, Sch 2.7 [4]. |
Sec 48 | Am 1983 No 49, Sch 4 (3); 1998 No 129, Sch 1 [93] [94]. Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4]. |
Sec 49 | Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4]. |
Sec 50 | Rep 1998 No 128, Sch 3 [15]. |
Sec 51 | Am 1978 No 150, Schs 1 (6), 2, Part 1. Rep 1991 No 45, Sch 1 (3). |
Sec 52 | Am 1978 No 150, Sch 1 (7). Rep 1991 No 45, Sch 1 (3). |
Sec 53 | Am 1978 No 150, Sch 2. Rep 1991 No 45, Sch 1 (3). |
Sec 54 | Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3). |
Sec 55 | Am 1978 No 150, Schs 1 (8), 2; 1983 No 49, Sch 4 (3); 1984 No 10, Sch 1; 1989 No 105, Sch 1. Rep 1991 No 45, Sch 1 (3). |
Sec 56 | Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3). |
Sec 57 | Am 1978 No 150, Sch 2, Part 1. Subst 1982 No 46, sec 2. Rep 1991 No 45, Sch 1 (3). |
Secs 58, 59 | Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3). |
Part 5A | Ins 1985 No 171, Sch 1 (2). |
Part 5A, Div 1, heading | Ins 1985 No 171, Sch 1 (2). |
Sec 59A | Ins 1985 No 171, Sch 1 (2). Am 1990 No 77, Sch 1; 1998 No 128, Sch 3 [17]; 1998 No 143, Sch 6.14 [1]–[3]; 2004 No 16, Sch 2.7 [5]; 2013 No 51, Sch 7.28 [1]–[3]. |
Sec 59B | Ins 1985 No 171, Sch 1 (2). |
Part 5A, Div 2, heading | Ins 1985 No 171, Sch 1 (2). |
Sec 59C | Ins 1985 No 171, Sch 1 (2). Am 1992 No 112, Sch 1; 1998 No 128, Sch 3 [18]; 2004 No 16, Sch 2.7 [5]. |
Sec 59D | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [19]; 2004 No 16, Sch 2.7 [5]; 2025 No 48, Sch 1.7[1] [2]. |
Sec 59E | Ins 1985 No 171, Sch 1 (2). Am 1992 No 112, Sch 1; 1998 No 128, Sch 3 [20]; 2004 No 16, Sch 2.7 [5]; 2025 No 48, Sch 1.7[3]. |
Sec 59F | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [21]; 2004 No 16, Sch 2.7 [5]; 2025 No 48, Sch 1.7[4]. |
Part 5A, Div 3, heading | Ins 1985 No 171, Sch 1 (2). |
Sec 59G | Ins 1985 No 171, Sch 1 (2). |
Sec 59H | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [22]; 2004 No 16, Sch 2.7 [5]. |
Sec 59I | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [23]; 2004 No 16, Sch 2.7 [5]; 2006 No 120, Sch 2.53; 2007 No 94, Sch 1.65. |
Part 5A, Div 4, heading | Ins 1985 No 171, Sch 1 (2). |
Sec 59J | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [24] [25]; 1998 No 143, Sch 6.14 [4]; 2004 No 16, Sch 2.7 [5]–[7]; 2008 No 112, Sch 6.19 [3]. Subst 2013 No 51, Sch 7.28 [4]. |
Sec 59K | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [26]; 2004 No 16, Sch 2.7 [5]. |
Sec 59L | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [27] [28]; 2004 No 16, Sch 2.7 [5]–[7]. |
Sec 59M | Ins 1985 No 171, Sch 1 (2). |
Sec 59N | Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [29]; 2004 No 16, Sch 2.7 [5]. |
Sec 60 | Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (5). |
Sec 61 | Am 1983 No 153, Sch 1. Subst 1986 No 218, Sch 24; 1991 No 45, Sch 1 (6). Rep 1998 No 128, Sch 3 [30]. |
Sec 62 | Am 1983 No 49, Sch 3 (7). Rep 1983 No 153, Sch 1. |
Sec 63 | Am 1991 No 45, Sch 1 (7); 1996 No 24, Sch 1; 1998 No 128, Sch 3 [31]; 2004 No 16, Sch 2.7 [6]. |
Secs 64, 65 | Rep 1981 No 83, Sch 1. |
Sec 66 | Am 1978 No 150, Schs 1 (9), 2, Part 1, 1979 No 122, Sch 1 (8); 1985 No 171, Sch 1 (3); 1991 No 45, Sch 1 (8); 1998 No 129, Sch 1 [95]. Subst 1998 No 128, Sch 3 [32]. Am 2004 No 16, Sch 2.7 [5]. |
Sec 67 | Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (9). Ins 1998 No 128, Sch 3 [32]. Am 2004 No 16, Sch 2.7 [6]–[8]. |
Sec 68 | Subst 1983 No 49, Sch 2 (15). Rep 1998 No 128, Sch 3 [33]. |
Sec 69 | Am 1995 No 11, Sch 1. Rep 1998 No 129, Sch 1 [96]. |
Sec 70 | Am 1990 No 46, Sch 1. Rep 1990 No 77, Sch 2 (3). |
Sec 71 | Am 1998 No 129, Sch 1 [97]. Rep 1998 No 128, Sch 3 [33]. |
Sec 72 | Am 1998 No 129, Sch 1 [98]. Rep 1998 No 128, Sch 3 [33]. |
Sec 73 | Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Schs 2 (16), 4 (9); 1991 No 45, Sch 1 (10); 1998 No 129, Sch 1 [99] [100]. Rep 1998 No 128, Sch 3 [33]. |
Sec 74 | Am 1983 No 49, Sch 2 (17); 1998 No 129, Sch 1 [101] (am 1999 No 85, Sch 2.36) [102]–[105]; 1999 No 85, Sch 1.19 [4] [5]. Rep 1998 No 128, Sch 3 [33]. |
Sec 75 | Am 1978 No 150, Sch 1 (10). Subst 1979 No 122, Sch 1 (9). Am 1983 No 49, Schs 3 (5), 4 (10); 1991 No 45, Sch 1 (11); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [106] [107]. Rep 1998 No 128, Sch 3 [33]. |
Sec 75A | Ins 1985 No 171, Sch 2 (3). |
Sec 76 | Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Sch 3 (9); 1991 No 45, Sch 1 (12); 1992 No 112, Sch 1, 1998 No 129, Sch 1 [108]; 1999 No 31, Sch 4.58 [1]–[4]; 1999 No 85, Sch 2.35. Rep 1998 No 128, Sch 3 [33]. Ins 2003 No 40, Sch 1.28 [2]. Am 2007 No 94, Sch 2. |
Sec 76A | Ins 1998 No 129, Sch 1 [109]. Am 2011 No 62, Sch 3.18. Subst 2017 No 22, Sch 3.47. |
Sec 77 | Am 1978 No 150, Sch 2, Part 1; 1979 No 122, Sch 1 (10); 1983 No 49, Schs 2 (18), 3 (10); 1985 No 171, Sch 1 (4); 1989 No 33, Sch 1 (5); 1990 No 77, Sch 2 (4); 1991 No 45, Sch 1 (13); 1992 No 85, Sch 1 (10); 1992 No 112, Sch 1; 1998 No 128, Sch 3 [34]; 1998 No 129, Sch 1 [110]. |
Sec 78 | Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Sch 3 (11); 1989 No 89, Sch 1. Rep 1991 No 45, Sch 1 (14). |
Sec 79 | Rep 1990 No 46, Sch 1. |
Sec 80 | Rep 2004 No 16, Sch 2.7 [9]. |
Sch 1 | Am 1982 No 135, Sch 1. Rep 2004 No 16, Sch 2.7 [10]. |
Sch 2 | Am 1980 No 187, Sch 1; 1983 No 49, Sch 4 (3); 1989 No 105, Sch 1. Subst 1998 No 129, Sch 1 [111] (am 1999 No 31, Sch 1.24 [3]). Am 1999 No 94, sec 7 (2) and Sch 5, Part 2. Subst 1998 No 128, Sch 3 [35]. Rep 2004 No 16, Sch 2.7 [11]. |
Sch 3 | Am 1978 No 150, Schs 1 (11), 2, Part 1; 1980 No 187, Sch 1; 1983 No 49, Sch 4 (3); 1990 No 46, Sch 1. Rep 1991 No 45, Sch 1 (15). |
Sch 4, heading | Am 1978 No 150, Sch 1 (12). Rep 1998 No 129, Sch 1 [112]. |
Sch 4 | Am 1978 No 150, Sch 2. Rep 1998 No 129, Sch 1 [112]. |
Sch 5 | Am 1978 No 150, Sch 2, Part 1. Rep 1981 No 83, Sch 1. |
Sch 6, heading | Subst 1998 No 129, Sch 1 [113]. |
Sch 6 | Am 1978 No 150, Schs 1 (13), 3; 1979 No 122, Sch 1 (11); 1998 No 129, Sch 1 [114] [115]; 2004 No 16, Sch 2.7 [12] [13]. |
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