Miscellaneous Acts (Community Welfare) Repeal and Amendment Regulation 1988 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Miscellaneous Acts (Community Welfare) Repeal and Amendment Regulation 1988.

Part 2Provisions commencing on 18 January 19882Variation of cl 15 of Schedule 5 to Act No 58, 1987(1)

This clause shall take effect on 18 January 1988.

(2)

Clause 15 (1) (a) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if the words “or a person committed to an institution by virtue of section 82 (1) (e) of that Act” were omitted.

(3)

Clause 15 (1) (b) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if subparagraph (ii) of that paragraph were omitted and the following subparagraph inserted instead:

(ii)

upon:

• (A)

  the expiry of 2 years from when the person was so committed, or

• (B)

  in the case of a person who is under the age of 16 years—the person’s attaining the age of 16 years,

whichever is the later, or

(4)

Clause 15 (1) (c) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if subparagraph (i) of that paragraph were omitted.

3Variation of cl 16 of Schedule 5 to Act No 58, 1987(1)

This clause shall take effect on 18 January 1988.

(2)

Clause 16 (1) (c) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if the reference in that paragraph to section 83 (1) (c) or (2) (d) of the Child Welfare Act 1939 included a reference to section 82 (1) (e) of that Act.

3AFurther variation of cl 16 of Schedule 5 to Act No 58, 1987 etc(1)

This clause shall be deemed to have taken effect on 18 January 1988.

(2)

Clause 16 (1) (d) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if the reference in that paragraph to any recognizance entered into pursuant to section 83 (2) (e) or (3) (c) of the Child Welfare Act 1939 included a reference:

• (a)

  to any recognizance entered into pursuant to section 83 (4) of the Child Welfare Act 1939, and

• (b)

  to any recognizance entered into pursuant to an order made by a court (within the meaning of the Child Welfare Act 1939) under section 556A or 558 of the Crimes Act 1900.

(3)

The Children’s Court, in dealing under section 41 (4) of the Children (Criminal Proceedings) Act 1987 with a person who:

• (a)

  has entered into a recognizance which is deemed to be a recognizance entered into pursuant to section 33 (1) (b) of the Children (Criminal Proceedings) Act 1987, or

• (b)

  is deemed to be subject, by virtue of section 33 (1) (e) of the Children (Criminal Proceedings) Act 1987, to probation,

shall exercise its powers under section 33 of the Children (Criminal Proceedings) Act 1987.

3B

(Repealed)

4Variation of cl 17 of Schedule 5 to Act No 58, 1987(1)

This clause shall take effect on 18 January 1988.

(2)

Clause 17 (1) of Schedule 5 to the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 shall be read as if the reference in that subclause to a shelter were a reference to an institution.

5Preservation of repealed provisions of Act No 17, 1939, for certain purposes(1)

This clause shall take effect on 18 January 1988.

(2)

Sections 125, 134, 144, 147, 148, 149 and 150 of the Child Welfare Act 1939 shall continue to have effect, for the purposes only of section 48K of that Act, notwithstanding their repeal by section 3 of the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987.

Part 36–10

(Repealed)