Public Sector Management Act 1988 Public Sector Management Administrative Changes (Fair Trading) Order 1995 (1995-627) [GG No 128 of 18.10.1995] (NSW)

1995—No. 627

PUBLIC SECTOR MANAGEMENT ACT—1995

[Published in Gazette No. 128 of 18 October 1995]

A. M. GLEESON, Lieutenant-Governor.

I, the Honourable ANTHONY MURRAY GLEESON, A.C., Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Part 3A of the Public Sector Management Act 1988, make the Order set out hereunder.

Signed at Sydney, this 18th day of October 1995.

By His Excellency’s Command,

BOB CARR,

Premier.

Citation

1. This Order may be cited as the Public Sector Management—

Administrative Changes (Fair Trading) Order 1995.

Definition

2. In this Order, “document” means any Act or statutory instrument,

or any other instrument, or any contract or agreement.

Abolition of certain departments and transfer of branches

3. ( 1) All branches are removed from the Department of Consumer

Affairs and added to the Department of Fair Trading. The Department of
Consumer Affairs is abolished.

(2) All branches are removed from the Building Services Corporation and added to the Department of Fair Trading. The Building Services Corporation is abolished as a department of the Public Service.

1995—No. 627

Amendment of Schedule 1 (departments)

4. Schedule 1 to the Public Sector Management Act 1988 is amended by omitting the following matter:

Building Services Corporation	General Manager of the Corporation
Department of Consumer Affairs	Director-General of the Department

Construction of references to Department of Consumer Affairs and head of that Department

5. (1) In any document, a reference to the Department of Consumer Affairs, or to the Director or Director-General of that Department, is to be construed as a reference to the Department of Fair Trading, or to the Director-General of that Department, respectively.

(2) Without limiting the operation of subclause (1):

(a)	the reference in the definition of “Commissioner” in section 4 of the Fair Trading Act 1987 to the Director-General of the Department of Consumer Affairs is to be construed as a reference to the Director-General of the Department of Fair Trading; and
(b)	the reference in the definition of “Commissioner” in section 5 of the Strata Titles Act 1973 to the Director-General of the Department of Consumer Affairs is to be construed as a reference to the Director-General of the Department of Fair Trading; and
(c)	the reference in the definition of “Commissioner” in section 4 of the Strata Titles (Leasehold) Act 1986 to the Director-General of the Department of Consumer Affairs is to be construed as a reference to the Director-General of the Department of Fair Trading; and
(d)	the reference in the definition of “Registrar” in section 5 of the Co-operatives Act 1992 to the head of the Department of Local Government and Co-operatives (required by clause 12 (3) of the Administrative Changes (Departments) Order 1995 to be construed as a reference to the head of the Department of Consumer Affairs) is to be construed as a reference to the head of the Department of Fair Trading.

Construction of references to Commissioner for Consumer Affairs

6. In any document, a reference to the Commissioner for Consumer Affairs is to be construed as a reference to the Director-General of the Department of Fair Trading.

1995—No. 627

Construction of references to certain other officers

7. In any document, a reference to any of the following officers is to be construed as a reference to the Director-General of the Department of Fair Trading:

Community Schemes Commissioner
General Manager of the Building Services Corporation
General Manager of the Real Estate Services Council
Tenancy Commissioner
Rent Controller

Registrar of Co-operative Societies (under the Co-operatives Act

1923)

Registrar of Funeral Funds