Statute Law (Miscellaneous Provisions) Act 1986 (NSW)

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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT

1986 No. 16

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.        Commencement

3.        Repeals

4.        Amendments

5.        Savings, transitional and other provisions

SCHEDULE I—REPEALS

SCHEDULE 2—AMENDMENTS TO THE APIARIES ACT 1985

SCHEDULE 3—AMENDMENTS TO THE ASSOCIATIONS INCORPORATION ACT

1984

SCHEDULE 4—AMENDMENT TO THE BIOLOGICAL CONTROL ACT I98S

SCHEDULE 5—AMENDMENTS TO THE CONSTITUTION ACT 1902

SCHEDULE 6—AMENDMENT TO THE CRIMES ACT 1900

SCHEDULE 7—AMENDMENTS TO THE CRIMES (CONFISCATION OF PROFITS)

ACT 1985

SCHEDULE 8—AMENDMENTS TO THE HARNESS RACING AUTHORITY ACT

1977

SCHEDULE 9—AMENDMENT TO THE LISTENING DEVICES ACT 1984

SCHEDULE 10—AMENDMENT TO THE MISCELLANEOUS ACTS (WORKERS’

COMPENSATION) AMENDMENT ACT 1984

SCHEDULE II—AMENDMENT TO THE MOTOR VEHICLES TAXATION

MANAGEMENT ACT 1949

SCHEDULE 12—AMENDMENT TO THE RACING APPEALS TRIBUNAL ACT

Act No. 16

SCHEDULE 13—AMENDMENTS TO THE SEEDS ACT 1982

SCHEDULE 14—AMENDMENTS TO THE SHERIFF ACT 1900

SCHEDULE 15—AMENDMENTS TO THE SOCCER FOOTBALL POOLS ACT 1975

SCHEDULE 16—AMENDMENTS TO THE STATE DRUG CRIME COMMISSION

ACT 1985

SCHEDULE 17—AMENDMENTS TO THE STATE SPORTS CENTRE TRUST ACT

1984

SCHEDULE 18—AMENDMENT TO THE STOCK DISEASES ACT 1923

SCHEDULE !9—AMENDMENTS TO THE SYDNEY CRICKET AND SPORTS

GROUND ACT 1978

SCHEDULE 20—AMENDMENTS TO THE TOTALIZATOR (OFF-COURSE

BETTING) ACT 1964

SCHEDULE 21—AMENDMENTS TO THE TRANSPORT ACT 1930

SCHEDULE 22—AMENDMENT TO THE WORKERS’ COMPENSATION

(AMENDMENT) ACT 1985

SCHEDULE 23—AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW

REVISION

SCHEDULE 24—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1986 No. 16

NEW SOUTH WALES

Act No. 16, 1986

An Act to repeal certain Acts and amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to I May 1986.]

2   Act No. 16

Slalute Law (Miscellaneous Provisions) 1986

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the “Statute Law (Miscellaneous Provisions)

Act

1986” .

Commencement

(I) Except as provided by this section, this Act shall commence on the date of assent to this Act.

2.

(2) Section 4, in its application to a provision of Schedule 4, 9, 10, 17, 19, 21 or 22, shall commence, or be deemed to have commenced, on the day on which the provision commences,

(3) Schedule 4 shall, if the date of assent to this Act is earlier than the day appointed and notified under section 2 (2) of the Biological Control Act 1985 for the commencement of that Act, commence on the day so appointed and notified.

(4) Schedule 9 shall, if the dale of assent to this Act is earlier than the day appointed and notified under section 2 (2) of the Drug Misuse and Trafficking Act 1985, commence on the day so appointed and notified,

(5) Schedules 10 and 22 shall be deemed to have commenced on 14 March 1986.

(6) The several provisions of Schedules 17, 19 and 21 shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

Repeals

3. Each Act specified in Schedule 1 is repealed.

Amendments

4.         Each Act specified in Schedules 2-23 is amended in the manner set

forth in those Schedules.

Statute Law (Miscellaneous Provisions) 1986

Savings, transitional and other provisions

5, Schedule 24 has effect.

SCHEDULE I

(Sec. 3)

REPEALS

Demise of the Crown Act 1901 No, 57

Wheat Marketing (Barring of Claims) Act 1929 No. 22

District Court (Amendment) Act 1982 No. 41

Courts of Petty Sessions (Civil Claims) Amendment Act 1982 No. 42

Periodic Detention of Prisoners (Domestic Violence) Amendment Act 1982 No. 1

17

Maritime Services (Abandoned Vehicles) Amendment Act 1982 No. 155

Local Government (Water, Sewerage and Drainage) Amendment Act 1982 No. 157

Dairy Industry Marketing Authority (Amendment) Act 1982 No. 177

Conveyancing (Powers of Attorney) Amendment Act 1983 No. 26

District Court (Amendment) Act 1983 No. 44

Courts of Petty Sessions (Civil Claims) Amendment Act 1983 No. 45

Lotteries and Art Unions (Amendment) Act 1983 No, 68

Local Government and Other Authorities (Public Authorities Superannuation Board)

Amendment Act 1983 No. 104

Anti-Discrimination (Amendment) Act 1983 No. 1

17

Valuation of Land (Land Value) Amendment Act 1983 No. 146

Crown Lands (State Recreation Areas) Amendment Act 1983 No. 185

University of Wollongong (Amendment) Act 1984 No. 16

Anti-Discrimination (Amendment) Act 1984 No. 17

Constitution (Enrolment of Acts) .Amendment Act 1984 No. 21

Dairy Industry (Further Amendment) Act 1984 No. 29

Conveyancing (Solicitors' Remuneration) Amendment Act 1984 No. 53

District Court (Solicitors’ Remuneration) Amendment Act 1984 No, 55

Prisons (Amendment) Act 1984 No, 63

4  Act No. 16

Statute Law [Miscellaneous Provisions) 1986

SCHEDULE [—continued

REPEALS—continued

Police Regulation (Rules) Amendment Act 1984 No. 74

Police .Association Employees (Supterannuation) Amendment Act 1984 No. 75

Police Regulation (Promotions) Amendment Act 1984 No. 79

Police Regulation (Appeals) Amendment Act J984 No, 82

Land Tax Management (Amendment) Act 1984 No. 129

SCHEDULE 2

(Sec. 4)

AMENDMENTS TO THE APIARIES ACT 1985

(1)

Section 18 (Power of Director-General to restrict beekeeping on certain

premise.s)—

(a) Section 18(1) (b)—

After “bees”, insert “or a number of beehives” .

(b) Section I8 ( l)(d ) , (e)—

Omit the paragraphs, insen instead:

(d) prohibit—

(i) the keeping of bees on those premises; or

(ii)  the keeping of more than a specified number of beehives on those premises,

after such date as may be specified in the order (being a date not earlier than 14 days after the date of service of the order); and

(e)

direct that, not later than that date, the person who is maintaining the apiary or, if no person is maintaining the apiary, the person who established it—

(i) remove the apiary; or

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 2— continued

AMENDMENTS TO THE APIARIES ACT {9%$—continued

(ii)  remove the number of beehives kept on those premises in excess of the maximum number of beehives specified under paragraph (d),

from those premises.

(2) Section 25 (Restriction on introduction of bees into New South

Wales)—

Section 25 (1)—

Omit “the prescribed officer”, insert instead “any prescribed officer”.

SCHEDULE 3

(Sec. 4)

AMENDMENTS TO THE ASSOCIATIONS INCORPORATION ACT

1984

Section 54 (Cancellation of incorporation)—

(1) Section 54 (1) (d)—

Omit “or” where lastly occurring.

(2) Section 5 4 (l)(e ), (0—

At the end of section 54 (1) (e), insert:

; or

(0 is required to be insured in accordance with section 44 and

is not so insured,

(3) Section 54 (2) (a) (iv)—

Omit “or” where lastly occurring.

6   Act No. 16

Stature Law (MisceUaneous Provisions) 1986

SCHEDULE 3— continued

AMENDMENTS TO THE ASSOCIATIONS INCORPORATION ACT

1984—continued

(4) Section 54 (2) (a) (v), (vi)—

At the end of section 54 (2) (a) (v), insert:

; or

(vi) is insured in accordance with section 44,

SCHEDULE 4

(Sec. 4)

AMENDMENT TO THE BIOLOGICAL CONTROL ACT 1985

Section 34 (No legal proceedings to be instituted in respect of release of agent organisms in the State)—

Section 34 (1) (b)—

Omit “another” , insert instead “a” .

SCHEDULE 5

(Sec. 4)

AMENDMENTS TO THE CONSTITUTION ACT 1902

(1) Section I —

Omit the section, insert instead:

Short title

1. This Act may cited as the “Constitution Act 1902’

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE S^continued

AMENDMENTS TO THE CONSTITUTION ACT

continued

(2) Section 49a

After section 49, insert:

Demise of the Crown

49a.

( I ) The holding of any office under the Crown shall not

be affected nor shall any fresh appointment thereto be rendered

necessary by the demise of the Crown.

(2) It shall not be necessary for the holder of any office under the Crown who, before any demise of the Crown, has taken any oath prescribed or provided for by any Act or law again to take that oath after any such demise but, where that oath relates only to the then reigning Sovereign, it shall be deemed to relate to the Sovereign for the time being.

(3) In this section—

“demise of the Crown” includes a demise of the Crown by

or on abdication.

SCHEDULE 6

(Sec. 4)

AMENDMENT TO THE CRIMES ACT 1900

Section 352aa (Arrest of prisoners unlawfully at large)—

Section 352aa (2)—

Omit “(whether by reason of having escaped from lasvful custody or otherwise)” , insert instead “(otherwise than by reason of having escaped from lawful custody)” .

8  Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 7

(Sec. 4)

AMENDMENTS TO THE CRIMES (CONFISCATION OF PROFITS)

ACT 1985

(1) Section i 4 (Court may make further orders)—

Section 14(1) (c)—

Omit “a prescribed officer of the Court”, insert instead “an officer of the Court prescribed by the regulations or by rules of court”.

(2) Section 24 (Notice of applications under Part IV)—

Section 24 (1)—

Omit “section 14 (2)”, insert instead “section 14 (3) (a)-(c)” .

(3) Section 38 (Appeals)—

Section 38 (6)—

Omit the subsection.

SCHEDULE 8

(Sec. 4)

AMENDMENTS TO THE HARNESS RACING AUTHORITY ACT

1977

(I) Section 8 (Functions of Authority)—

Section 8 (2) (d) (x)—

Omit “suspend”, insert instead “ to suspend” .

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE ^— continued

AMENDMENTS TO THE HARNESS RACING AUTHORITY ACT

1977-—continued

(2) Section 17a (Provisions relating to Tribunal)—

Section 17a (3)-(3b) ~

Omit section 17a (3), insert instead:

(3)

The Minister may from time to time, upon the

recommendation of the Attorney General, appoint—

(a) a qualified person to act as the Tribunal—

(i)  during the illness or absence of the person appointed as the Tribunal;

(ii) during a vacancy in the office of the Tribunal; or

(iii)  on such occasions or in respect of such appeals as the person appointed as the Tribunal directs; and

(b)

another qualified person to act as the Tribunal in accordance with paragraph (a) but only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).

(3a) A qualified person while acting as the Tribunal shall be deemed to be the Tribunal.

(3b) More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal shall not sit on the same appeal.

SCHEDULE 9

(Sec. 4)

AMENDMENT TO THE LISTENING DEVICES ACT 1984

Section 3 (Interpretation)—

Section 3 {1)—

10   Act No. 16

Statute Law (Miscellaneous Provisions) 19S6

Omit the definition of “serious narcotics offence”, insert instead;

“ serious narcotics offence” means—

(a)

an offence under Division 2 of Part II of the Drug Misuse and Trafficking Act 1985; or

(b)

an offence that is punishable as provided by section 235 of the Customs Act 1901 of the Commonwealth,

but does not include an offence which is declared by the regulations not to be a serious narcotics offence within the meaning of this Act.

SCHEDULE 10

{Sec. 4)

AMENDMENT TO THE MISCELLANEOUS ACTS (WORKERS’

COMPENSATION) AMENDMENT ACT 1984

Schedule 2 (Savings, transitional and other provisions)—

Clause 4 (3), (4)—

After clause 4 (2), insert;

(3) Without affecting the generality of subclause (I)—

(a)

a decision made or given by the Commission in court session or in chambers shall be deemed to be a decision made or given by the Court; and

(b)

accordingly, a reference in the Compensation Court Act 1984 or in any other Act or instrument to a decision made or given by the Court shall be read as including a decision referred to in paragraph (a).

(4) In subclause (3)—

“decision” includes award, order, determination, ruling and

direction.

S!a!u!e Law (Miscellaneous Provisions) 1986

SCHEDULE I I

(Sec. 4)

AMENDMENT TO THE MOTOR VEHICLES TAXATION

MANAGEMENT ACT 1949

Section 3 (Interpretation)—

Section 3 (1), definition of “Pensioner”—

Omit the definition, insert instead;

“Pensioner” means a person—-

(a)

who is the holder of a Pensioner Health Benefits Card which is in force issued on behalf of the Commonwealth Department of Health, by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans’ Affairs; or

(b)

who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans’ Affairs in respect of a war caused disability seriously affecting the person’s powers of locomotion, being a pension or other amount (or a pension or other amount at a level) approved by the Commissioner for the purposes of this paragraph.

and—

(c)

who is the holder of a licence which is in force to drive a motor vehicle, being a licence for which, pursuant to Regulation 3 of the Motor Traffic Regulations 1935, no fee was payable; or

(d)

who IS not the holder of a licence referred to in paragraph (c) but—

(i)  who has satisfied the Commissioner, by the production of a certificate from a medical practitioner, that the person is not medically fit to drive a motor vehicle; or

(ii)  who has otherwise satisfied the Commissioner that the person should be treated as a pensioner for the purposes of this Act.

12   Act No. 16

Stalule Law (Miscellaneous Provisions) 1986

SCHEDULE 12

(Sec. 4)

a m e n d m e n t t o t h e

r a c in g

a p p e a l s t r ib u n a l a c t

1983

Section 7—

Omit the section, insert instead;

Appointment of acting Tribunal

7. (1) The Minister may from time to time, upon the

recommendation of the Attorney General, appoint—

(a) a qualified person to act as the Tribunal—

(i)  during the illness or absence of the person appointed as the Tribunal;

(ii) during a vacancy in the office of the Tribunal; or

(iii)  on such occasions or in respect of such appeals as the person appointed as the Tribunal directs; and

(b)

another qualified person to act as the Tribunal in accordance with paragraph (a) but only during the illness or absence of the person appointed to act as the Tribunal under paragraph (a).

(2) A qualified person while acting as the Tribunal shall be

deemed to be the Tribunal.

(3) More than one sitting of the Tribunal may be held at the same time, but the person appointed as the Tribunal and a person appointed to act as the Tribunal shall not sit on the same appeal.

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 13

(Sec. 4)

AMENDMENTS TO THE SEEDS ACT 1982

(1) Section 3 (Arrangement)—

Omit the section.

(2) Part HIa, heading—

After section 9, insert:

PART lliA

ORDERS FOR DESTRUCTION OR TREATMENT OF SEEDS,

ETC.

(3) Section 10 (Director may order destruction or treatment of seeds, etc.)—

(a) Section 10—

After “section” , insert “5 or”.

(b) Section 10 (c)—

Omit “to destroy”, insert instead “ in the case of an offence arising under section 8, to destroy” .

SCHEDULE 14

(Sec. 4)

AMENDMENTS TO THE SHERIFF ACT 1900

(1) Part 1, heading—

Omit Preliminary”, insert instead “PRELIMINARY’

(2) Section 1 —

Omit the section, insert instead:

Short title

I.  This Act may be cited as the “Sheriff Act 1900”.

14   Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 14—continued

AMENDMENTS TO THE SHERIFF ACT \900^conlinued

(3) Pan II, heading—

Omit ‘‘The sheriff. ” , insert instead “THE SHERIFF” .

(4) Part III, heading—

Omit “Special bailiffs.", insert instead “SPECIAL BAILIFFS”.

(5) Pan IV—

After Part III, insert:

PART IV

SUPPLEMENTARY

Impersonation of sheriff or sheriff's officers

13. A person shall not impersonate the sheriff or an officer of ihe sheriff.

Penalty: $500.

Proceedings for an offence

14, Proceedings for an offence against this Act shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.

SCHEDULE 15

(Sec. 4)

AMENDMENTS TO THE SOCCER FOOTBALL POOLS ACT 1975

(1) Section 15 (Prize fund)—

Section 15 (4)—

Omit the subsection.

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE \ 8— continued

AMENDMENTS TO THE SOCCER FOOTBALL POOLS ACT 1975-

continued

(2) Section 16 (Payment of duty)—

Section 16 (5)—

Omit the subsection.

(3) Section I 6a

After section 16, insert:

Payment of money paid to or received by Minister to

Consolidated Fund

16a. Money paid to or received by the Minister under this Act shall be paid by the Minister to the Consolidated Fund,

(4) Section 1 7 (Sport and Recreation Fund)—

(a) Section 17 (2). (2a)—

Omit section 17 (2), insert instead;

(2)

There shall be paid into the Sport and Recreation Fund

any revenue generated as a result of expenditure from that

Fund.

(2a) There shall, without further appropriation than this Act, be paid into the Sport and Recreation Fund out of the Consolidated Fund in the year commencing 1 July 1986 and in each succeeding year an amount equal to the amount paid to the Consolidated Fund under subsection (2) and an amount equal to two-thirds of the amount of the duty and additional duty paid to the Minister under this Act.

(b) Section 17 (3), (4)—

Omit “ subsection (2)’

wherever occurring, insert instead

“subsection

(2a)” .

16   Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 16

(Sec. 4)

AMENDMENTS TO THE STATE DRUG CRIME COMMISSION ACT

1985

(1) Schedule 1, clause 1

(Age of members)—

(a) Clause 1 (1)—

Omit the subclause, insert instead:

(1) Subject to subetause (2)—

(a)

a person of or above the age of 65 years is not eligible to be appointed as a full-time member or to act in the office of a full-time member; and

(b)

a person of or above the age of 70 years is not eligible to be appointed as a part-time member or to act in the office of a part-time member.

(b) Clause i (2)—

Omit “subclause (1)”, insert instead “subclause (1) (a)” .

(2) Schedule !, clau.se 7 (Casual vacancies)

(a) Clause 7(1) (h)

Before “member" wherever occurring, insert "full-time".

(b) Clause 7 (1) (h) (i)—

Omit “or".

(c) Clause 7 (I) (h) (iii)—

After clause 7 (1) (h) (ii). insert—

(iii) a part-time member, attains the age of 70 years; or

Staiitlc Law (Miscellaneous Provisions) 1986

SCHEDULE 17

(See. 4)

AMENDMENTS TO THE STATE SPORTS CENTRE TRUST ACT

1984

(1) Seciton 5 (Appointment, etc., of the trustees)—

Section 5 (1)—

Omit "7", insert instead “9” .

(2) Section 19 (Annual report)—

Omit the section.

(3) Schedule 2, clause 1 (3) (Procedure, quorum, etc.)—

Omit “ Four”, insert instead “Five” .

SCHEDULE 18

(Sec. 4)

AMENDMENT TO THE STOCK DISEASES ACT 1923

Section 6—

Omit the section, insert instead:

Inspectors

6, (1) The Director-General may, by notification in the Gazette, appoint inspectors and such other officers as may be necessary for the purposes of this Act,

(2) The Director-General may authorise in writing any person to perform any or ail of the duties and exercise any or all of the powers of an inspector.

(3) The Dircctor-Cjcncral may—

(a) revoke an appointment made; and

(b) amend or revoke an authority given,

under (his section.

Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE iS— continued

AMENDMENT TO THE STOCK DISEASES ACT 192:i— continued

(4) An appointment of a person or an authority given to a person under this section in the person’s capacity as an officer or a temporary employee of the Public Service employed in the Department of Agriculture shall be deemed to be revoked if the person ceases to be such an officer or a temporary employee.

(5) An inspector shall have, and may exercise, the duties and powers imposed or conferred on the inspector by or under this Act.

SCHEDULE 19

(Sec. 4)

AMENDMENTS TO THE SYDNEY CRICKET AND SPORTS

GROUND ACT 1978

(1) Section 3 (Division of Act)—

Omit the section.

(2) Section 6 (Members of the Trust)—

(a) Section 6(1) (a)—

Omit “ 10”, insert instead “ 12” .

(b) Section 6 (1) (b)—

Omit the paragraph, insert instead:

(b)

2 additional members so appointed, being persons elected in accordance with subsection (2).

(c) Section 6 (4)—

Omit the subsection.

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE \9~continued

AMENDMENTS TO THE SYDNEY CRICKET AND SPORTS

GROUND ACT \91Z— continued

(3) Schedule I, clause 2—

Omit the clause, insert instead;

Term of office

2. Subject to this Act, a member shall hold office for such period not exceeding 4 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointmcnt.

(4) Schedule I, clause 9—

Omit the clause, insert instead;

Quorum

9. The number of members which shall constitute a quorum

at any meeting of the Trust is 8.

SCHEDULE 20

(Sec. 4)

AMENDMENTS TO THE TOTALIZATOR (OFF-COURSE BETTING)

ACT 1964

Section I 3b (Distribution of investments under section 12a)—

( I) Section I 3t) (2) (c)—

Omit the paragraph, insert instead:

(c)

the balance shall be paid as commission to the Minister to be credited to the Consolidated Fund.

20  Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 20— continued

AMENDMENTS TO THE TOTALIZATOR (OFF-COURSE BETTING)

ACT 1964—continued

(2) Section 13b (3), (4)—

Omit section 13 (3), insert instead:

(3) There shall be paid into—

(a)

the Sport and Recreation Fund established under the Soccer Football Pools Act 1975; and

(b)

the Tourism Development Fund established under the Tourism Commission Act 1984,

out of the Consolidated Fund in the year commencing 1 July 1986 and in each succeeding year, in such sums, if any, as the Minister determines, an amount equal to the amount credited to the Consolidated Fund under subsection (2) (c).

(4) The amounts required by subsection (3) to be paid into the Sport and Recreation Fund and the Tourism Development Fund are hereby appropriated out of the Consolidated Fund.

SCHEDULE 21

(Sec. 4)

AMENDMENTS TO THE TRANSPORT ACT 1930

(1) Section 4 (Interpretation)—

(a) Definition of “Public vehicle”—

Omit the definition.

(b) Definition of “Public motor vehicle”—

Omit

and includes a tractor or trailer,”.

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 2 \— continued

AMENDMENTS TO THE TRANSPORT ACT \92,0— continued

(c) Definition of “Public vehicle”—

After the definition of “Public street” , insert:

“Public vehicle” means vehicle plying or standing in a public street for hire or used or let for the conveyance for hire or for any consideration of passengers.

(d) Definitions of “Tractor” , “Trailer” , “Van”—

Omit the definitions.

(2) Section 15 (Public vehicles)—

Section 15(1) (a)—

Omit “and goods”.

(3) Section 213 (Transfer of officers, equipment, etc.)—

Section 213 (3)—

Omit “and goods”.

(4) Section 254 (Evidence)

Section 254 (1) (c)—

Omit “or a vehicle used for the carriage of goods and merchandise only”.

(5) Section 264 (Regulations with respect to certain matters to be made on

recommendation of a Trust)—

(a) Section 264 (I) (q), (ae)—

Omit “or goods” wherever occurring.

(b) Section 264 (1) (af), (ai)—

Omit “or other goods” wherever occurring.

22   Act No. 16

Sfaiutc Law (Miscellaneous Provtsions) 1986

SCHEDULE 22

(See. 4)

AMENDMENT TO THE WORKERS’ COMPENSATION

(AMENDMENT) ACT 1985

Scliediilc 7 (Savings, transitional and other provisions)—

Clause 3a

After douse 3, insert:

Decision deemed to have been made or given hy the Court

3a.

(I) a decision deemed by clause 4 (3) of Schedule 2

(savings, transitional and other provisions) to the Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984 to have been made or given by the Court shall be deemed to be a decision made or given by the Court constituted by a Judge.

(2) Accordingly, a reference in the Compensation C'ourt .Act 1984 or in any other Act or instrument to a decision made or given by the Court constituted by a Judge shall be read as including a decision referred to in subclausc (1).

(3) In this clause—

"Court" means the Compensation Court of New South Wales constituted under the Compensation Court Act 1984;

"decisirin" includes award, order, determination, ruling

and direction.

SCHEDULE 2,'i

(See. 4)

AM1;n i:)MEN1S t o Ol h er a cts by w ay OI- STATUTE LAW REVISION

Buildors t.icensing Act 1971 No. 16—

Sei'iion 45 ( I)—

Omit “(in this section rdcrretl to as a ’biiilding eoniract’)”.

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REViSION-

conunucd

Business Franchise Licences (Tobacco) Act 1975 No. 63—

(1) Section II (2) (b) (ii)—

Omit "premises;”, insert instead "premises,”,

(2) Section 28.s () 1)—

Omit “the proceedings”, insert instead “any proceedings”.

Business Franchise Licences (Tobacco) Amendment Act 1985 No. 185—

Schedule 5 (5) (d)—

Omit the paragraph.

Closer Settlement Amendment (Conversion) Act 1943 No. 38—

(1) Section I (4)—

Omit the subsection.

(2) Part III. heading—

Omit "REDUCTION OF RENT OF”,

Consumer Claims Tribunal Act 1974 No. 16—

Section 23 (2)—

Omit “subsection (1) (a), (b), (c) or (d)”, insert instead “subsection (1),”.

Conveyancing Act 1919 No, 6—

Section I63e (Initial unsoundness of mind)—

Section 163e (5) (a) (i)—

Omit “exercised", insert instead “was given”.

Co-operation Act 1924 No, 1 —

Section 40 (3)—

After “ is in”, insert “the”.

Corporate Affairs Commission Act 1981 No. 64—

Schedule 2, clause 8(1)—

After “day)”, insert "o f”.

24   Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

Credit Union Act 1969 No, 8—

Section 19(31—

Omit “Co-operation Acts”, insert instead "Co-operation Act 1923”,

Crown Lands Consolidation Act 1913 No. 7—

Section 101 (Original settlement leases)—

Section 101 (1) (c)—

Omit "Minister”, insert instead "Governor”.

Dangerous Goods Act 1975 No. 68—

Section 4, definition o f“dircctor"—

Omit “section 5 of the Companies Act, 1961’

insert instead “section 5 of

the Companies (New South Wales) Code”.

Environmentally Hazardous Chemicals Act 1985 No. 14—

( 1) Section 21 (1 )—

Omit “commission", insert instead "Commission”.

(2) Section 34 (2) (a)—

Omit "the liccncec's", insert instead “the licensee’s",

(3) Schedule 1. clause 2 (a)—

Omit “ 2", insert instead "two",

(4) Schedule I, clause 5 (2)—

Omit "committee", insert instead "Committee".

Fisheries and Oyster Farms Act 1935 No. 58—

(1) Section 4h (5)—

Omit "licenses", insert instead "licences”.

(2) Section 25r (2) (a)—

Omit "license”, insert instead “licence”.

Forestry Act 1916 No. 55—

(1) Section 32e (b)—

Omit “the expiration of a period of 30 days after the delivery up or seizure".

Sia/utc Law (Miscellaneous Provisions) 1986

SCHEDULE 22,—comtmed

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

(2) Section 43 (2d) (b)—

Omit “the expiration of a period of 30 days after the seizure”.

Frustrated Contracts Act 1978 No. 105—

(1) Section 6 (2) (a)—

Omit “Companies Act, 1961”, insert instead “Companies (New South Wales)

Code”.

(2) Section 6 (2) (b)—

Omit the paragraph, insert instead:

(b)

a body to which Division 6 of Part XII of the Companies (New South Wales) Code applies:

Gas and Electricity Act 1935 No. 42—

Section 8 (3>—

Omit "this section", insert instead “subsection (2)".

Government Guarantees Act 1934 No. 57—

Section 3 (5 t) (b)—

Omit “Companies Act, 1961”. insert instead “Companies (New South Wales)

Code",

Health Insurance Levies Act 1982 No. 1 5 9 -

Long title—

Omit “health benefit funds", insert instead “health benefits funds”.

Industrial Arbitration Act 1940 No. 2—

Section 113—

Omit “Companies Act, 1936", insert instead “Companies (New South Wales)

Code”.

Insurance Act 1902 No. 49—

Section 20—

Omit “Companies Act. 1961,”. insen instead “Companies (New South Wales)

Code".

26  Act No. Iti

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

cotuinued

Irrigation Act 1912 No. 73—

Section

(4)—^

Omit “the Chief Commissioner or a Commissioner shall issue a certificate under his hand", insert instead "the Commission shall issue a certificate”.

Justices Act 1902 No. 27—

Section 5 I b (2)—

Omit "81”, insert instead "80a”.

Land Development Contribution Management Act 1970 No, 22—

Section 68 (3)—

Omit "section 362 of the Companies Act, 1961”, insert instead “sections 528,

529 and 530 of the Companies (New South Wales) Code”,

Liquor Act 1982 No. 147—

(1) Section 1 —

Omit "as” where secondly occurring, insert instead "the".

(2) Section 42 (6)—

Omit "unless" where secondly occurring.

(3) Section 68 (1) (0—

Omit "licence; or”, insert instead "licence:”.

(4) Section 155 (2)—

Omit "may" where secondly occurring.

Medical Practitioners Act 1938 No. 37—

Section 50a

Omit "or person so appointed”, insert instead “or the person so appointed”.

Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985 No. 227—

Schedule I —

Omit the matter relating to the Listening Devices Act 1984

Motor Dealers Act 1974 No. 52—

(I )

Section 20p ( I)—

Omit "this section", insert instead "this Division".

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-

continued

(2) Section 55 (Proceedings)—

Section 55 (5)—

Omit “by information laid at any time”,

(3) Schedule L paragraph 8—

Omit "or" where firstly occurring, insert instead "of ",

Motor Traffic Act 1909 No. 5—

Section 1 Oa (Disqualification for certain major offences)—

Section 10a (2) (c), (3) (c)—

After “paragraphs” wherever occurring, insert “(al),”.

National Companies and Securities Commission (State Provisions) Act 1981 No, 60—

Section 5 (3) (b)—

Omit “by consent or parties", insert instead “by consent of the parties".

Offences in Public Places Act 1979 No. 63—

Section 1 I —

Omit “sections", insert instead “section".

Parliamentary Evidence Act 1901 No, 43—

Section 11 (1)—

Omit "sergeant-at-arms", insert instead “serjeant-at-arms".

Periodic Detention of Prisoners Act 1981 No, 18—

Section 21 (6)—

Omit “ resect", insert instead “respect".

Permanent Building Societies Act 1967 No, 18—

(1) Section 4 a (2)—

Omit “of the Schedule", insert instead “of Schedule",

(2) Section 30 (4) (b)—

After “share capital", insert “or".

(3) Section 58—

Omit "7 day's", insert instead "7 days’ ",

28   Act No, 16

S/atute Law (Miscellaneous Provisions) 1986

SCHEDULE n —continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

(4) Section 82 (2) (b)—

Onriil "and” where secondly occurring.

(5) Section 83 {l}(d>—

Omit “the manager”, insert instead "the principal executive officer” .

(6) Section 96a (3)—

Omit "by liable", insen instead “be liable”.

(7) Section 105 (I)—

Omit "shall be guilty of an offence and,", insert instead

shall be guilty of

an offence and".

Pesticides Act 1978 No. 57—

(1) Section 5 {!). definition of "director"—

Omit "section 5 of the Companies Act. 1961", insert instead “section 5 of the Companies (New South Wales) Code".

(2) (a) Section 40 (2) (c) (ii), (d) (ii)—

Omit “incorporated under the Companies Act. 1961" wherever occurring, insert instead "within the meaning of the Companies (New South Wales) Code".

(b) Section 40 (2) (c) (iii)—

Omit "within the meaning of the Companies Act, 1961, a recognised company or a foreign company”, insert instead “a recognized company or a foreign company within the meaning of the Companies (New South Wales) Code",

(c) Section 40 (2) (d) (iii)—

Omit "recognised company", insert instead “recognized company".

(d) Section 40 (2) (d) (iii)̂ —

Omit “section 343r of the Companies Act, 1961”, insert instead "section 507

(I) of the Companies (New South Wales) Code”.

(e) Section 40 (2) (d) (iv)—

After "registered office", insert "or principal office”.

Slalule Law (Miscellaneous Provisions) 1986

SCHEDULE l i —conlinuerl

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

coniiniicd

P«(roleum Products Subsidy Act 1965 No, 1 —

Section 15 (3a)—

Omit "the Companies Act, 1961", insert instead “the Companies (New South

Wales) Code".

Police Regulation (Superannuation) Act 1906 No. 28—

Section 1 7 (4)—

Omit "having being hurt", insert instead “having been hurt".

Probation and Parole Act 1983 No. 194—

Schedule 1, clause 3 (5) (b)—

Omit “the Deputy" where firstly occurring, insert instead “a Deputy".

Public Finance and Audit Act 1983 No. 152—

(1) Schedule 1, clause 7 (6)—

Omit "section", insert instead "clause”.

(2) Schedule 2—

Omit "Trustees of the Parliamentary Contributory Superannuaion Fund.", insert instead "Trustees of the Parliamentary Contributory Superannuation Eund,”,

Public Health Act 1902 No. 3 0 -

Section 50 (c)—

Omit "Minister", insert instead “Secretary”,

Public Service Act 1979 No. 89-—

Section 99 (2)—

Omit “whatever", insert instead "whatever,”.

Recreation V'ehicles Act 1983 No. 136—

(1) Sections 1 7 (2) (b) (iii), 18 (2) (b)—

Omit "in relation to an application made on or after the day appointed and notified under section 2 (3) of the Motor Vehicles (Third Party Insurance) (Recreation Vehicles) Amendment Act, 1983—" wherever occurring.

30   Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 2'i—coniinueci

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-

continued

(2) Section 21 (0—

Omit ", at any time on or after the day appointed and notiAed under section 2 (3) of the Motor Vehicles (Third Party Insurance) (Recreation Vehicles) Amendment Act, 1983,”.

Registered Clubs Act 1976 No. 31—

Section 36 (11)—

Omit ” , (8o)”, insert instead “or (8c)”,

Sporting Injuries Insurance Act 1978 No. 141—

Section 18a (4) (a)—

Omit “Companies Act, 1961", insert instead “Companies (New South Wales)

Code”,

Suitors’ Fund Act 1951 No. 3—

Sections 6 (7) (c). 6a (2) (c), 6 b (2) (c)—

Omit "subsection (5) of section 6 of the Companies Act, 1961" wherever occurring, insert instead “section 7 (5) of the Companies (New South Wales) Code”.

Trade Union Act 1881 45 Vic. No. 1 2 -

Section 5—

Omit the section, insert instead:

Provisions of Act No. 46, 1912 not to apply to trade unions

5. The Friendly Societies Act 1912 shall not apply to any trade union and the registration of any trade union under that Act shall be void.

Uniting Church in Australia Act 1977 No. 4 7 -

Schedule 4, clause 5—

Omit “Companies Act. 1961”, insert instead “Companies (New South Wales)

Code”.

University of New South Wales Act 1968 No. 37—

(1) Section 8 (2)—

Omit “Subject to section 3. the”, insert instead “The”,

(2) Section 14 (c)—

After “University:”, insert “and".

Sraiule Law (Miscellaneous Provisions) 1986

SCHEDULE 23—coruinued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

(3) Sedion 14 (d)—

Omii the paragraph.

University of New South Wales (Amendment) Act 1985 No. 81 —

Section 2 (3)—

Orrni "Schedule (1) (d)-(O". insert instead "Schedule 1(1) {d)-(0".

Valuation of Land and Local Government (Further Amendment) Act 1961 No. 67—

Section 2 (4)—

Omit the subsection.

Valuers Registration Act 1975 No. 92—

Section 24 (5)—

Omit "Companies Act, 1961", insert instead "Companies (New South Wales)

Code".

Waste Disposal Act 1970 No, 97—

Section 48 (1) (b)—

Omit the paragraph, insert instead:

any other premises, not being a dwelling-house, at any reasonable time, and may therein make such examinations, tests, inspections or inquiries and lake such samples and such photographs as the person considers necessary in connection with the administration of this Act.

(b)

Water Act 1912 No. 44—

( 1) Section I 52 (3)—

Omit "court", insert instead "Court”,

(2) Sections I 67 ( LMa). 176(1) (a)—

Omit “in the prescribed form" wherever occurring, insert instead “in or to the effect of the prescribed form".

Wills, Probate and Administration Act 1898 No, 13—

Section 75\ (8)—

Before "subsection (2)", insert "subsection ( I) or in".

32   Act No. 16

Staluie Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

Workers'Comp«;nsation Act 1926 No. 15—

(1) Section 1 (2)—

Omit "the first day of July, one thousand nine hundred and twenty-six”, insert instead “ I July 1926".

(2) (a) Section 6 (i), definition of "Worker"—

From paragraphs (e) and (0, omit “seven hundred dollars” wherever occurring, insert instead "$700”.

(b) Section 6 (3x)—■

Omit "ten dollars", insert instead “$I0".

(c) Section 6 (10)—

Omit "five miles”, insert instead “8 kilometres".

(d) Section 6 (14c) (a I), (c)—

Omit "Part X of the Liquor Act, 1912," wherever occurring, insert instead

“the Registered Clubs Act 1976",

(CJ Section 6 (14d) (a)—

Omit “ Health Commission of New South Wales shall be deemed to be a worker employed by that Commission", insert instead "Health Administration Corporation constituted by the Health Administration Act 1982 shall be deemed to be a worker employed by that Corporation".

(3) (a) Section 7 (1) (b) (i)—

Omit "subparagraph (i) of paragraph (d)", insert instead "paragraph (d) (i)".

fb) Section 7 ( I) (d) (la)—

Omit "subsection (3) of section 10a”, insert instead “section IOa {3)”.

(c)

Section 7 ( 5 a )—

Omit “subsection (6) of section 6", insert instead “section 6 (6)",

(4) (a) Section 8 (1a)—

Omit "paragraph (b) of subsection (1)", insert instead "subsection (l)(b)“,

(b)

Section 8 (4)—

Omit "three hundred dollars", insert instead “$300".

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OE STATUTE LAW REVISION—

continued

(c)

Section 8 (5) (a) (i)—

Omit “the third day of September, one thousand nine hundred and thirty- nine.". insert instead “3 September 1939”.

(5) (a) Section 9(1) (a)—

Omit "per centum”, insert instead “per cent”.

(b) Section 9 (1) (c) (i)—

Omit “subparagraph (i) of paragraph (b)”, insert instead “paragraph (b) (i)”.

(c) Section 9 (1) (c) (ii)—

Omit “subparagraph (ii) of paragraph (b)“, insert instead “paragraph (b) (ii)”.

(d) Section 9(1) (d)—

Omit “Child Endowment Act 1941 of the Parliament of the Commonwealth of Australia.” , insert instead “ Social Services Act 1947 of the Commonwealth”.

(e) Section 9(1) (e)—

Omit “subparagraph (i) of paragraph (c)“, insert instead “paragraph (c) (i)”.

(f) Section 9 (Ia) (a)—

Omit “paragraph (a) of subsection (I)”. insert instead “subsection (1) (a)”.

(g) Section 9 (1a) (c). definition of “living wage”—

Omit “as amended by subsequent Acts,”.

( h )

Section 9 ( I a ) ( c ), definition of “needs basic wage”—

Omit “paragraph (c) of section 14”, insert instead “section 14 (e)”.

(i) Section 9 (4), ( 4 a )—

Omit “paragraph (a) of subsection (1)” wherever occurring, insert instead

“subsection (1) (a)”.

(j) Section 9 (4)—

Omit “per centum” wherever occurring, insert instead “per cent”.

(k) Section 9 (6)—

Omit “subparagraph (i) of paragraph (c) of subsection (I)”, insert instead

“subsection (1) (c) (i)".

34   Act No. 16

Staliite Law (Miscellaneous Provisions) 1986

SCHEDULE I'i^coniinued

AMENDMENTS TO OTHER ACTS BY WAY OE STATUTE LAW REVISION-

continued

(i) Section 9 (7) (a)—

Omit "subparagraph (i) of paragraph (b) of subsection (1) or under subparagraph (i) of paragraph (c) of that subsection”, insert instead "subsection ( I) (b) (i) or (c) (i)".

(m)

Section 9 (8) (b)̂—

Omit "section 14a of the Public Service Act, 1902,”, insert instead “the Public

Service Act 1979",

(n) Section 9(13) (a), (b)—

Omit "Apprentices Act, 1969,” wherever occurring, insert instead

"Apprenticeship Act 1981".

(o) Section 9 (1 3) (c)—

Omit "section I4u of the Public Service Act, 1902,", insert instead "the Public

Service Act 1979",

(6) (a) Section 10 (3) (a)—

Omit "two dollars fifty cents”, insert instead “$2.50".

(b) Section 10 (3) (a), (b)—

Omit "four dollars twenty cents" wherever occurring, insert instead “$4.20”.

(c) Section 10 (3) (a), (b)—

Omit “two dollars ten cents" wherever occurring, insert instead "$2.I0”,

(d) Section 10 (3) (b)—

Omit "fifty cents” where firstly occurring, insert instead “$0.50".

(e) Section 10 (.3) (b)—

Omit "three dollars fifty cents”, insert instead “$3.50”.

(0 Section IO(3)(b3)—

Omit "the thinieih day o f" , insert instead “ 30”.

(g) Section 10 (3) (e), (4) (b)—

Omit "two thousand dollars” wherever occurring, insert instead “$2,000".

(h) Section 10 (5)—

Omit "eight hundred dollars", insert instead “$800".

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE n —continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-

continued

(7) (a) Section 1 0 a (1)—

Omit “one hundred dollars”, insert instead “$!00".

(b) Section 10v {1a)—

Omit “paragraph (c) or (d) of subsection (1) of section 7”, insert instead

“section 7 (1) (c) or (d)”.

(c)

Section

1 0 a ( 1 b ) —

Omit “subsection (3) of section 7, and sections”, insert instead “sections 7

(3).”.

(8) (a) Section I0b (1)—

Omit “one hundred dollars”, insert instead “$100”.

(b) Section 1 0 b (2)—

Omit “paragraph (c) or (d) of subsection 0 ) of section 7", insert instead

“section 7 ( I) (c) or (d)”.

(c) Section IOb (2) (a)—

Omit “subparagraph (i) of the said paragraph (d)”, insert instead “section 7

(l)(d )(i)”

(d) Section 1 0 b (3)—

Omit “subsection (3) of section 7 of sections”, insert instead “sections 7 (3),”.

(9) Section 14 (1) (el)—

Omit “of subsection (1)” .

(10) (a) Section 16 (1b) (b), (d)—

Omit “two dollars” wherever occurring, insert instead “$2".

(b) Section 16 (Ic) (b)

Omit “paragraphs (b) and (c) of subsection (4) of section 10”, insert instead

“section 10 (4) (b) and (c)".

(c) Section I6 (lc )(b )—

Omit "the said subsection (4)", insert instead “section 10 (4)”.

(d) Section 16 (1 c) (d) (ii)—

Omit "subsection ( k ) of section 16”, insert instead “section 16 ( I c )” .

36   Act No. 16

Slalute Law (Miscellaneous Provisions) 1986

SCHEDULE 23—continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVtSlON—

continued

( e )

Section

1 6 ( 5 b ) ( c ) —

Omit “subparagraph (ii) of paragraph (b)”, insert instead “paragraph (b) (ii)”.

(ID

Section

1 7 a ( 2 ) (a)—

Omit “subsection ( 1 ) of section

1 7 b ” , insert instead “section

1 7 b ( 1 ) ” .

(12) (a) Section 17D(lA)(b)—

Omit “paragraph (a) of subsection (1)", insert instead “subsection (1) (a)”,

(b) Section 1 7 d (2) (a) (iv)—

Omit “subsection ( 1 ) of section 1 7 b ” , insert instead “section 1 7 b ( i ) ” .

(c) Section 17d (3) (c)—

Omit “five hundred dollars”, insert instead “$500".

(13) (a) Section !7g~

Omit “the thirtieth day of June, one thousand nine hundred and sixty five”, insert instead “ 30 June 1965".

(b) Section I7g

Omit “the thirtieth day of " where secondly occurring, insert instead “30”.

(c) Section 17c—

Omit “the first day of", insert instead “ 1”.

(14) Section I 7h

Omit “three per centum", insert instead "3 per cent".

(15) (a) Section 18 (1)—

Omit “subsection (1) of section 6”, insert instead “section 6 (1)”.

(b) Section 1S (1)—

Omit “Coal Mines Regulation Act, 1912,", insert instead “Coal Mines

Regulation Act 1982”.

(c) Section 18 (5)—

Omit “subsection ( 1 ) of section

1 8 a ” , insert instead “section 1 8 a ( 1 ) " .

(d) Section 18 (6a)—

Omit “subsection ( 4 ) or ( 4 a ) of section 7 ” , insert instead "section 7 ( 4 ) or

( 4 a ) " .

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 2i—continued

AMENDMENTS TO OTHER ACTS BY WAY OE STATUTE LAW REVISION-

contlnued

(e)

Section 18 (6a)—

Omit ''subsection (5) of the said section 7 and of subsection (I a ) of the said

section 16” , insert instead “sections 7 (5) and 16 (Ia)".

(0 Section 18 (8) (c)—

Omit “subparagraph (ii) of paragraph (b) ”, insert instead “paragraph (b) (ii)”.

(g) Section 18 (9)—

Omit “paragraph (a) of subsection (8)”, insert instead “subsection (8) (a)”.

(16) (a) Section 18a {U)—

Omit “paragraph (c) or (d) of subsection (1) of section 7”, insen instead

"section 7 (1) (c) or (d)“,

(b) Section 18a (Ia)—

Omit “paragraph (e) of the said subsection”, insert instead “section 7 {[) (e)".

(17) (a) Section 18d

Omit "sections 199, 230 and 263 of the Companies Act, 1961,”, insert instead “sections 335, 371, 401 and 402 of the Companies (New South Wales) Code”.

(b) Section 18d

Omit "provisions of the Companies Act, 1961”, insert instead "provisions of the Companies (New South Wales) Code”,

(18) (a) Section 19(1)—

Omit "twenty thousand dollars” wherever occurring, insert instead ”$20,000”.

(b) Section 19(1)—

Omit “twelve thousand dollars" wherever occurring, insert instead "$12,000".

(c) Section 19 (2)—

Omit “two hundred dollars”, insert instead “$200”.

(19) (a) Section 24 (1)—

Omit "subsection (1a) of section 18”, insert instead “section 18 (1a)”.

(b) Section 24 (1)—

Omit "subsection (1) of that section", insert instead "section 18 (1)”.

38   Act No. 16

Statute Law (Miscellaneous Provisions) 1986

SCHEDULE 23~~continued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

continued

(c) Section 24 (3)—

Omit "Insurance Act 1932 of the Parliament of the Commonwealth of

Australia", insert instead "Insurance Act 1973 of the Commonwealth".

(20) (a) Section 2 5 a

Omit “subsection (1) of section 20”, insert instead “section 20 (!)”.

(b) Section 2 5 a

Omit "subsection ( ! a ) of section 18", insert instead “section IK (1a)“.

(21) (a) Section 28 (I)—

Omit "subsection (U) of section 18 or section 27". insert instead "section

!8 (Ia) or 27".

(b) Section 28 (1) (b) (tv)—

Omit "one hundred dollars", insert instead "$100”.

(c) Section 28 (1) (b) (vi)—

Omit "section 1 80h of the Companies Act. I 9 6 1 insert instead "section 24 of the Companies (Acquisition of Shares) (New South Wales) Code".

(d)

Section 28 (1) (b) (vi)—

Omit "Part V!b of that Act”, insert instead "that Code”.

(c) Section 28 (Ia)—

Omit "paragraph (a) of subsection (I)", insert instead “subsection (I) (a)"

(22) (a) Section 29 (1) (a) (iii)—

Omit "Part VIa of the Companies Act, 1961, or under any corresponding provision of any Act or ordinance", insert instead "Part VII of the Companies (New .South W'alcs) Code, or under any corresponding provision of any Act. ordinance or law".

(b) Section 29 (1) (c) (iii)—

Omit "subsection (1) of section 18", insert instead “section 18 (1)”.

(c) Section 29 (2) (a)—

Omit "one hundred dollars", insert instead "$IOO".

Statute Law (Miscellaneous Provisions) 1986

SC'HEDULE 11—continued

a m e n d m e n t s t o o t h e r a cts

by

w ay o f s t a t u t e

law

REVISION-

contiriued

(23) Scciion 29a

Omit “Companies Act, 1961, or other relevant Acts or ordinances", insert instead “Companies (New South Wales) Code, or other relevant Acts, ordinances or laws".

(24) Section 29b

Omit "subsection ( I) of section 29t'", insert instead “section 29c (I)",

(25) (a) Section 30r (1), definition of “policy of insurance”—

Omit “subsection (!) of section 18”, insert instead “section 18(1)”.

(b) Section 3 0 f (14)

Omit "subsection (I) of section 18”, insert instead “section 18 (I)”,

(26) Section 30h (4), (5)—

Omit the subsections.

(27) ( a ) Section 3 0 j (2) (a), (5) (a)—-

Omit “centum” wherever occurring, insert instead “cent".

(b) Section 30j (2) (a). (7)—

Omit “ 1st July.” wherever occurring, insert instead “ 1 July",

(28) (a) Section 41 (1), definition of “Financial year”—

Omit "the first day o f”, insert instead “ 1”.

(b) Section 4 1 (5)—

Omit “the first day of July, one thousand nine hundred and seventy" insert instead "1 July 1970”,

(c) Section 41 (6)—

Omit “the first day of July, one thousand nine hundred and sixty-nine", insert instead " I July 1969".

(d) Section 41 (8)—

Omit “paragraph (b) of subsection (7)”, insert instead “subsection (7) (b)",

(e) Section 41 (9) (a)—

Omit “paragraph (d) of subsection (4)". insert instead “subsection (4) (d)".

40   Act No. 16

Slaiule Law (Miscellaneous Provisions) 1986

SCHEDULE n—

cotuinued

AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—

cotuinued

(29) Scciion 42 (I)—

Omti "ihirticlfi day of ”, mserl insicad “30”.

(30) (a) Section 43 (I) (a)—

Omit “subsection ( I) of scciion 18", insen instead “section 18(1)”.

(b) Section 43 (3)—

Omit "forty dollars", insert instead “$40”.

(31) Section 57 (1)—

Omit “paragraph (b) of subsection (I) of section 8", insen instead “section

8 UXb)".

(32) Scciion 63 (3) (a)—

Omit “upon which the assent of His Majesty to the Industrial Arbitration and Workers’ Compensation (Amendment) Act, 1938, is signified”, insert instead "of assent to the Industrial Arbitration and Workers’ Compensation (Amendment) Act 1938”.

(33) Section 71 (1)—

Omit "the year one thousand nine hundred and twenty-six", insert instead

"1926"

SCHEDULE 24

(Sec. 5)

SAVINGS. TRANSITIONAL AND OTHER PROVISIONS

Savings relating to repealed enactments

1,

The repeal by this Act of any enactment does not alTect—

(a) the proof of any past act or thing;

(b) the continuity, or status as a legal entity, of any body;

(c)

any duty, obligation, liability, benefit, privilege or right saved by the operation of the enactment; or

(d) any amendment or validation made by the enactment.

Stamte Law (Miscellaneous Provisions) 1986

SCHEDULE 1^—continued

SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—com

Interpretation Act 1897

2. The savings contained in this Schedule do not limit any saving in the Interpretation

Act 1897.

Amendment to Motor Vehicles I'axation Management Act 1949

3. The amendment made to the Motor Vehicles Taxation Management Act 1949 by

this Act applies only in respect of exemption from a tax payable by a pensioner on or

after 1

-July 1985,

Inspectors—-Stock Diseases Act 1923

4. A person holding office as an inspector, or authorised to carry out any or all of the duties and exercise any or all of the powers of an inspector, under the Stock Diseases Act 1923, as in force immediately before the commencement of this Act, shall be deemed to have been duly appointed as an inspector, or authorised to perform the duties and exercise the powers of an inspector, on that commencement under that Act, as amended by this Act.

Members of Sydney Cricket and Sports Ground Trust

5. The amendments made to the Sydney Cricket and Sports Ground Act 1978 by this Act do not affect the term of office of a person appointed as a member of the Sydney Cricket and Sports Ground I'rust under section 6 of the Sydney Cricket and Sports Ground Act 1978, as in force immediately before the commencement of Schedule 19, and that person shall continue to hold office as a member of the Trust until the expiration of the person's term of office.

Metric conversion

6. The provision of Schedule 23 amending section 6 (10) of the Workers’ Compensation Act I 926 is for the purpose of metric conversion, as referred to in section 3 of the Metric Conversion (Savings) Act 1974.

Effect of amendment of amending provisions

7. An amendment made by Schedule 23 to an amending provision (as dehned by the Reprints Act 1972) contained in an Act shall, if the amending provision has commenced before the date of assent to this Act, be deemed to have taken effect as from the cornmencement of the amending provision.

Regulations

8. (1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this .Act.

(2)

.A provision made under subclause (i) may take effect as from the date of assent

to this Act or a later dale.

42   Act No. 16

SiaiiUe Law (Miscellaneous Provisions) 1986

SCHEDULE li^—coruimwd

SAVINGS. TRANSITIONAL AND OTHER PROVISIONS—ranffHUprf

(3) To the extern to which a provision referred to in subelause (I) takes cfTect 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 in the Gazette; 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 in the Gazette,

(4) A provision made under subclause (1) shall, if the regulations expressly so provide,

have effect notwithstanding the other clauses of this Schedule.

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