Statute Law (Miscellaneous Provisions) Act 1991 (NSW)

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1991

No. 17

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Amendments

4 . Repeals

5. General savings, transitional and other provisions

6. Explanatory notes

SCHEDULE l—MINOR AMENDMENTS

Air Transport Act 1964 No. 36

AIbury-Wodonga Development Act 1974 No. 47

Ambulance Services Act 1990 No. 16

Annual Holidays Act 1944 No. 31

Architects Act 1921 No. 8

Bread Act 1969 No. 54

Building and Construction Industry Long Service Payments Act 1986 No. 19

Business Franchise Licences (Petroleum Products) Act 1987 No. 94

Business Franchise Licences (Tobacco) Act 1987 No. 93

Children (Care and Protection) Act 1987 No. 54

Children (Criminal Proceedings) Act 1987 No. 55

Coal Mining Act 1973 No. 81

Commercial Vessels Act 1979 No. 41

Compensation Court Act 1984 No. 89

Constitution Act 1902 No. 32

Crimes Act 1900 No. 40

Criminal Appeal Act 1912 No. 16

Criminal Procedure Act 1986 No. 209

Crown and Other Roads Act 1990 No. 54

Crown Lands Act 1989 No. 6

Crown Prosecutors Act 1986 No. 208

Drug Offensive Act 1987 No. 119

Act No. 17

Statute Law (Miscellaneous Provisions) 1991

Election Funding Act 1981 NO. 78 Electricity Act 1945 (1946 No. 13) Employment Protection Act 1982 NO. 122

Energy Administration Act 1987 NO. 103

Environmental Offences and Penalties Act 1989 NO. 150

Factories, Shops and Industries Act 1962 NO. 43

Forestry Act 1916 No. 55

Freedom of Information Act 1989 NO. 5

Gaming and Betting Act 1912 NO. 25

Government Insurance Act 1927 NO. 18

Health Administration Act 1982 No. 135

Independent Commission Against Corruption Act 1988 NO. 35

Industrial Arbitration Act 1940 No. 2

Justices Act 1902 No. 27

Lake Illawarra Authority Act 1987 No. 285

Land Tax Management Act 1956 No. 26

Landlord and Tenant (Rental Bonds) Act 1977 No. 44

Local Government Act 1919 No. 41

Long Service Leave Act 1955 No. 38

Long Service Leave (Metalliferous Mining Industry) Act 1963 No. 48

Lotto Act 1979 No. 53

Marine Administration Act 1989 No. 93

Maritime Services Act 1935 No. 47

Motor Accidents Act 1988 No. 102

Motor Accidents (Amendment) Act 1990 No. 90

National Parks and Wildlife Act 1974 No. 80

Ozone Protection Act 1989 No. 208

Parramatta Stadium Trust Act 1988 No. 86

Plant Diseases Act 1924 No. 38

Police Regulation (Superannuation) Act 1906 No. 28

Poultry Processing Act 1969 No. 45

Prisons Act 1952 No. 9

Private Irrigation Districts Act 1973 No. 47

Public Sector Executives superannuation Act 1989 No. 106

Residential Tenancies Act 1987 No. 26

Sentencing Act 1989 No. 87

State Authorities Non-contributory Superannuation Act 1987 No. 212

State Authorities Superannuation Act 1987 No. 211

State Drug Crime Commission Act 1985 No. 117

State Sports Centre Trust Act 1984 No. 68

Statute Law (Miscellaneous Provisions) Act (No. 2) 1990 No. 108

Statutory and Other Offices Remuneration Act 1975 (1976 No. 4 )

Subordinate Legislation Act 1989 No. 146

Superannuation Act 1916 No. 28

Swine Compensation Act 1928 No. 36

Therapeutic Goods and Cosmetics Act 1972 No. 14

Timber Marketing Act 1977 No. 72

Transport Administration Act 1988 No. 109

Treasury Corporation Act 1983 No. 75

Valuation of Land Act 1916 No. 2

iii

Statute Law (Miscellaneous Provisions) 1991

Water Act 1912 No. 44

Water Board Act 1987 No. 141.

SCHEDULE 2-AMENDMENTS BY WAY OF STATUTE LAW REVISION

SCHEDULE 3-REPEALS

SCHEDULE 4-GENERAL SAVINGS, TRANSITIONAL AND OTHER

PROVISIONS

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1991

No. 17

NEW SOUTH WALES

Act No. 17, 1991

An Act to repeal certain Acts and to amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 3 May 1991]

Statute Law (Miscellaneous Provisions) 1991

The Legislature of New South Wales enacts:

Short title

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

Provisions) Act 1991.

Commencement

2. This Act commences on the date of assent, except as provided in

Schedules 1, 2 and 4.

Amendments

3. Each Act specified in Schedules 1 and 2 is amended as set out in

those Schedules.

Repeals

4. Each Act specified in Schedule 3 is repealed.

General savings, transitional and other provisions

5. Schedule 4 has effect.

Explanatory notes

6. The matter appearing under the heading “Explanatory note” in any

of the Schedules does not form part of this Act.

SCHEDULE 1—MINOR AMENDMENTS

(Sec. 3)

AIR TRANSPORT ACT 1964 No. 36

Amendments

Schedule .1

(Provisions relating to the members of the Air

Transport Council):

(a) Omit clause 1 (Age of members).

(b)	After “Minister,” in clause 6 (1) ( f ) , insert “or”.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

Explanatory note

The proposed amendments remove the restriction that prevents a person who is of or above the age of 70 years from being eligible to be appointed as, or from continuing to hold office as, a member of the Air Transport Council

ALBURY-WODONGA DEVELOPMENT ACT 1974 NO. 47

Amendments

Schedule 2 (Provisions relating to the constitution and procedure of the Corporation):

(a) Omit clause 2 (Maximum age of appointed members).

(b) After “office;” in clause 3 (1) (h), insert “or”.

(c)	From clause 3 (1) (i), omit “Governor; or”, insert instead “Governor.”.

(d) Omit clause 3 (1) (i).

(e)	From clause 12 ( l ) , omit the definition of “retiring age”.

( f )

From clause 12 (2), omit “ , if he has not attained the retiring a g e ,” .

Commencement

The amendments to the Albury-Wodonga Development Act 1974 commence on a day or days to be appointed by proclamation.

Explanatory note

The proposed amendments:

(a)	remove the restriction that prevents a person from being eligible to be appointed as, or from continuing to hold office as, an executive member of the Albury-Wodonga (New South Wales) Corporation if the person is of or above the age of 65 years, or as a part-time appointed member of the Corporation if the person is of or above the age of 70 years; and
(b)	provide that an executive member of the Corporation, who at present is entitled to return to public sector employment in certain circumstances, is not prevented from doing so because of his or her age.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

AMBULANCE SERVICES ACT 1990 No. 16

Amendments

(1) After section 24, insert:

False calls for provision of ambulance services

24A. A person who requests the Ambulance Service to provide an ambulance service knowing that no ambulance service is in the circumstances required or likely to be .required by any person is guilty of an offence.

Maximum penalty: 5 penalty units.

(2)	Schedule 1 (Provisions relating to the directors and procedure
of the Ambulance Service Board):

Omit clause 9, insert instead:

Remuneration

9. An appointed director is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the appointed director.

Commencement

The amendments to the Ambulance Services Act 1990 commence on a day or days to be appointed by proclamation.

Explanatory note

Hoax calls (item (1))

Proposed section 24A w ill create an offence prohibiting the making of hoax calls for the provision of ambulance services.

The provision is analogous to section 34 (False alarms) of the Fire Brigades Act 1989 and section 547B of the Crimes Act 1900 (which relates to the making of false representations to police officers).

Remuneration of directors (item (2))

Proposed clause 9 w ill provide for the remuneration of directors of the Ambulance

Service Board m a similar way to that in which members of various Health Professional Boards constituted under other Acts are remunerated. At present, the directors concerned are entitled only to actual travelling and out-of-pocket expenses.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

ANNUAL HOLIDAYS ACT 1944 No. 31

Amendments

(1) Section 12 (Proceedings for recovery of penalties):

(a)	From section 12 ( l ) , omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.
(b)	From section 12 ( l ) , omit “acting with the authority of the Minister”.

(d)	Before “magistrate” in section 12 (3), insert “Local Court or industrial”.
(e)	From section 12 (3), omit “Such costs shall be according to a scale to be fixed by the Industrial Commission of New South Wales.”.

( f )

Omit section 12 (4).

(2) Section 13 (Recovery of long service leave pay):

(a)	From section 13 ( l ) , omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.
(b)	From section 13 ( l ) , omit “magistrate may make any order he”, insert instead “Local Court or industrial magistrate may make any order the court or magistrate”.
(c)	From section 13 ( l ) , omit “Such costs shall be according to a
scale to be fixed by the Industrial Commission of New South Wales.”.
(d)	From section 13 (1A), omit “magistrate under this section”, insert instead “Local Court or industrial magistrate under this section (except an order for the payment of interest)”.

(3) Section 14 (Provisions as to enforcement of orders etc.):

(a)	After “penalty” where firstly occurring in section 14, insert “ ,the making of an order for the payment of interest on an amount of money”.
(b)	From section 14, omit “court of petty sessions”, insert instead “Local Court constituted by a Magistrate sitting alone”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE I—MINOR AMENDMENTS— continued

Commencement

The proposed amendments to the Annual Holidays Act 1944 commence on a day or days to be appointed by proclamation.

Transitional

Item (3) (a) of the amendments to the Annual Holidays Act 1944 does not apply to proceedings (being proceedings in respect of an order for the payment of holiday pay) commenced before that paragraph commences.

Explanatory note

Awarding of costs (items (1) (e) and (2) (c))

T h e proposed amendments to sections 12 (3) and 13 (1) enable costs (which may be

awarded to a party to proceedings for the recovery of penalties or holiday pay under the Act) to be assessed by the industrial magistrate or Local Court concerned rather than in accordance with a scale fixed by the Industrial commission.

Inspectors (item (1) (b), (f))

The proposed amendments to section 12 (1) and (4) provide that inspectors (who are

appointed under the Industrial Arbitration Act 1940) may institute proceedings for recovering penalties imposed by the Act or regulations without needing the authority of the Minister.

Orders for interest (item (3) (a))

The proposed amendment to section 14 applies the provisions of the Industrial

Arbitration Act 1940 relating to the making of orders for payment of interest on money

due under that Act to proceedings under the Annual Holidays Act 1944 in respect of an

order directing the payment of holiday pay under that Act.

Statute law revision

The remaining amendments to the Act update references to courts of petty sessions and stipendiary magistrates as a consequence of the Local Courts Act 1982.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

ARCHITECTS ACT 1921 No. 8

Amendments

(1) Section 5 (Constitution of board):

Omit section 5 (2) and (3).

(2) Section 7 (Vacancies etc.):

(a) After “architect;” in section 7 (1) (f4), insert “or”.

(b) Omit section 7 (1) (g).

Explanatory note

The proposed amendments remove the restriction that prevents a person who is of or

above the age of 70 years from being eligible to be appointed as, or from continuing to

hold office as, an appointed member of the Board of Architects of New South Wales.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

BREAD ACT 1969 No. 54

Amendments

(1) Section 4 (Definitions):

From the definition of “inspector” in section 4 (1), omit “Factories, Shops and Industries Act 1962”, insert instead “Industrial Arbitration Act 1940”.

(2) Section 30 (Proceedings):

(a) Omit section 30 (2), insert instead:

(2) Proceedings for an offence may be instituted:

(a) by an inspector, or

(b)

ty a person acting with the authority o f the Minister.

(b)	From section 30 (4), omit “stipendiary magistrate”, insert instead “'Local Court constituted by a Magistrate sitting alone”

stipendiary magistrate”, insert

instead “Local Court”.

Explanatory note

The proposed amendments:

(a)	provide a more accurate description of the inspectors who currently exercise powers and functions under the Act (item (1)), and
(b)	extend the class of persons who may institute proceedings for offences under the Act or regulations to include inspectors (item (2) (a)); and
(c)	update certain references as a consequence of the Local Courts Act 1982 (item (2) (b) and (c)).

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

BUILDING AND CONSTRUCTION INDUSTRY LONG

SERVICE PAYMENTS ACT 1986 No. 19

Amendments

(l)	Section 21 (Subcontract workers—claims for service credits): (a) From section 21 (2), omit “3 months” wherever occurring,

insert instead “12 months”.

(b)	After “particular case” in section 21 (3), insert “or class of cases”.

(2) Section 28 (Entitlement to long service payments):

From section 28 ( l ) , omit “leave”.

(3) Section 32 (Payments to employers):

From section 32 ( l ) , omit “3 months after those benefits were provided or within such longer period (not exceeding 12 months)”, insert instead “12 months after those benefits were provided or within such longer period (not exceeding 2 years)”.

Explanatory note

Claims for service credits (item (1))

Section 21 of the Building and Construction Industry Long Service Payments Act 1986 enables a subcontract worker to claim service credits m the building industry on which entitlement to long service payments are based.

The proposed amendments will extend the periods within which such a claim may be

made by 9 months. A claim will be able to be made within 12 months after the end of

the financial year during which the worker performed building and construction work or,

if the worker has permanently ceased such work, within 12 months after the cessation of

work.

The proposed amendments will also enable the Building and Construction Industry Long Service Payments Corporation (“the Corporation”) to extend the period m which claims may be lodged in any class of cases (at present, it may only do so in a particular

case).

Statute law revision (item (2))

Section 28 of the Act provides for “long Service payments”. The proposed

amendment will correct a reference to “long service leave payments” by omitting the

word “leave”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

Payments to employers (item (3))

Section 32 requires the Corporation to reimburse an employer who provides a registered worker under the Act with any benefits arising under the Long Service Leave Act 1955 or under reciprocal arrangements. Reimbursement is to be made on application by the employer. The proposed amendment w ill extend the period in which the employer may make an application by 9 months and enable the Corporation to extend the period by up to 2 years (at present, it may extend it by up to 12 months).

BUSINESS FRANCHISE LICENCES (PETROLEUM

PRODUCTS) ACT 1987 No. 94

Amendments

Schedule 1 (The Tribunal):

(a) Omit clause 2 (Age).

(b) After “Minister;” in clause 6 (1) (e), insert “or”.

Explanatory note

The proposed amendments:

(a)	remove the restriction that prevents a person who is of or above the age of 70 years from being eligible to be appointed as, or from continuing to hold office as, the person designated as the Business Franchise Licence Fees (Petroleum products) Appeals Tribunal; and
(b)	remove the provision which enables the Governor to retire the person designated as that Tribunal after the person reaches the age of 60 years.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

BUSINESS FRANCHISE LICENCES (TOBACCO)

ACT 1987 No. 93

Amendments

Schedule 1 (The Tribunal):

(a) Omit clause 2 (Age).

(b) After “Minister,” in clause 6 (1) (e), insert “or”.

Explanatory note

The proposed amendments:

remove the restriction that prevents a person who is of or above the age of 70 years from being eligible to be appointed as, or from continuing to hold office as, the person designated as the Business Franchise Licence Fees (Tobacco) Appeals Tribunal; and

remove the provision which enables the Governor to retire the person designated

as that Tribunal after the person reaches the age of 60 years.

CHILDREN (CARE AND PROTECTION) ACT 1987 No. 54

Amendments

(1) Section 21 (Special medical examinations):

Omit the definition of “special medical examination” from section 21 (12), insert instead:

“special medical examination” means:

(a)	a vaginal or anal examination (including any examination involving the insertion of any thing into the vagina or anus); or
(b)	a penile examination involving the insertion of any thing into the penis,

and includes any such examination carried out in the

course of a medical examination under section 23.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

(2) Section 71B:

Before section 72, insert:

Definition

71B. In this Division:

“cultural” includes ethnic, religious and linguistic.

(3) Section 74 (Assessment reports):

After section 74 (4), insert:

(5) A person who fails to comply with an order made under subsection (4) is guilty of an offence.

(4) Schedule 2 (Constitution of the Children's Review Panel):

(a) After “resignation;” in clause 7 (1) (a), insert “and”.

(b)	From clause 7 (1) (b) (ii), omit “body; and”, insert instead “body,”.

Commencement

The amendments to the Children (Care and Protection) Act 1987 commence on a day or days to be appointed by proclamation.

Explanatory note

Statute law revision (item (1))

Section 21 (12) of the Act defines ‘‘special medical examination” as ‘‘a vaginal or anal examination or a penile examination involving the insertion of any thing into the penis”. The proposed amendment recasts the definition to make it clear that the reference to a vaginal or anal examination includes an examination involving the insertion of any thing into the vagina or anus (the specific reference to the insertion of a thing into the penis might otherwise be read as implying that such an examination is excluded m the case of a vagina or anus).

Care application (item (2))

In considering a care application in respect of a child, the Children's Court i s required to have regard (in addition to various other matters) to “the importance of preserving the particular cultural environment of the child” (section 72 (2)(d)). Associated p ro v is ionsin sections73and74m akere fe rence to the court ta k in g in to a c c o u n ta child's “cultural group” and possible conflicts of “cultural factors.” Proposed section 71B w ill insert a definition of “cultural” to make it clear that the references to

“cultural” m these provisions include also ethnic, religious and linguistic elements. The amendment w ill ensure consistency with the Convention on the Rights of the Child which was adopted by the General Assembly of the United Nations on 20 November

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

Breach of orders relating to assessment reports (item (3))

Under section 74 of the Act, the children's Court may make orders to prevent a child from becoming aware of information contained in an assessment report if the prejudicial effect of the child being unaware of the information would be outweighed by the likely psychological harm to the child if the child became aware of the information. The proposed amendment w ill make it an offence against the Act to fail to comply with such an order.

Removal of age restrictions (item (4))

The proposed amendments provide that the full-time President of the Children's Review Panel, who at present is entitled to return to public sector employment in certain circumstances, is not prevented from doing so because of his or her age.

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 No. 55

Amendments

(1) Section 31 (Hearing of charges in the Children's Court):

From section 31 (4), omit “and to the Attorney General”

(2) Section 33 (Penalties):

From section 33 (1) (c), omit	$500”, insert instead “10
penalty units”.

Explanatory note

The proposed amendment to section 31 removes the rquirement for the Children's Court to furnish to the Attorney General a statement of the reasons for its decision to commit a person for trial instead of dealing with the matter summarily. The provision is superfluous as the Attorney General no longer exercises the functions which formerly necessitated its inclusion m section 31 (item (1)).

The proposed amendment to section 33 increases, from $500 to 10 penalty units (which is currently $1,000), the maximum fine that the Children's Court can impose on a person found by the court to be guilty of an offence (item (2)).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

COAL MINING ACT 1973 No. 81

Amendment

Section 76 (Liability to pay royalty):

Omit section 76 (2), insert instead:

(2) If royalty is paid or recovered in respect of coal or a mineral (being, in either case, coal or a mineral neither owned by nor reserved to the Crown), the Minister is to pay to the owner of the coal or mineral the amount of the royalty (together with any interest on the royalty that has been paid or recovered), less an amount qual to one-eighth of the amount of the royalty, which is to be paid into the Consolidated Fund.

Commencement

The amendment is taken to have commenced on 22 June 1990 (the day on which the Coal Ownership (Restitution) Act 1990 commenced).

Explanatory note

Section 76 (2) of the Coal Mining Act 1973 originally provided (ia terms similar to those of the proposed provision) for the payment of royalty to owners of privately owned coal. The original provision was amended as a consequence of the enactment of the Coal Acquisition Act 1981 to reflect the fact that all privately owned coal was, by that Act, vested in the Crown. The Coal Ownership (Restitution) Act 1990 provides that coal may now be granted back to certain of the persons by whom it was previously owned. For those persons who are granted coal to receive royalty in respect of the mining of the coal, it is necessary to amend section 76 (2) of the Coal Mining Act 1973 to restore its original effect.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

COMMERCIAL VESSELS ACT 1979 No. 41

Amendment

Section 30I (Revalidation of certificates):

After section 30I (5), insert:

(6 ) The regulations may provide for the payment of specified fees in respect of an application for revalidation of a certificate of competency and may provide for different fees according to such different factors as are prescribed.

Explanatory note

The proposed amendment makes it clear that regulations may be made with respect

to fees for revalidation of certificates of competency by the Maritime Services Board made with respect to applications for certificates of competency.

COMPENSATION COURT ACT 1984 No. 89

Amendment

Section 32 (Appeals from Court):

From section 32 (3) (b), omit “$5,000”, insert instead

“$10,000”.

Transitional

The amendment to the compensation Court Act 1984 does not apply to an appeal c o m m en d before the date of assent to this Act

Explanatory note

At present, if an appeal to the Supreme Court from a decision of the compensation Court involves an amount of compensation less than $5,000, the appeal lies by leave of the Supreme Court rather than as of right. The proposed amendment increases that amount so that it w ill be necessary to obtain the leave of the Supreme Court if the amount of compensation involved in the appeal is less than $10,000.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

CONSTITUTION ACT 1902 No. 32

Amendments

Section 9I (Governor's salary):

(a)	From section 9I (2), omit “,but may be made only on the advice of a majority of the members present at a meeting of the full Executive Council”.

(b) Omit section 9I (3).

Explanatory note

Section 9 I of the Constitution Act 1902 provides that the annual salary of the Governor is $80,000 or such greater amount as is determined by regulation. At present, such a regulation can be made only on the advice of a majority of the members present at a meeting of the full Executive Council, with no more than 3 members absent. The proposed amendment w ill Omit this requirement.

CRIMES ACT 1900 No. 40

Amendments

(1)	Section 405D (Closed-circuit television may be used for giving child victim's evidence):

Omit section 405D (2), insert instead:

(2)	If the court is not equipped with closed-circuit

television facilities or it otherwise considers it appropriate to do so, the court may, for the purpose of permitting the child's evidence to be given by means of such facilities, adjourn the proceedings or any part of them to a court that is equipped with such facilities.

(2A) If, pursuant to an order under subsection ( l ) , a child's evidence is permitted to be given from other premises:

(a)	the court may also order a court officer to be present at those other premises, or any other person to be present with the child as a support or interpreter, or both; and
(b)	those other premises are taken to be part of the court in which the proceedings are being held.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

(2) Section 405F (Alternative arrangements for child victim's

evidence):

(a) After “adjournment of” in section 405F (2) (c), insert “the proceedings or”.

(b) After section 405F (2), insert:

(2A) Any premises to which proceedings are adjourned for the purposes of subsection (2) are taken to be part of the court in which the proceedings are being held.

(3). Section 405G (Premises to be considered part of court):

Omit the section.

Commencement

The proposed amendments to the crimes Act 1900 commence on a day or days to be appointed by proclamation.

Explanatory note

At present, m criminal proceedings m which it is alleged that the accused person has committed a prescribed sexual offence on a child, the court may make an order under section 405D of the crimes Act 1900 permitting the child's evidence to be given by means of closed-circuit television facilities.

The proposed amendment to section 405D makes it clear that if the court is not quipped with closed-circuit television facilities or it is otherwise appropriate to do so, the court may adjourn the whole of the proceedings (and not just part of them) to another court for the purpose of the child giving evidence by means of closed-circuit television facilities. The proposed amendment to that section also restates the existing provision that other premises from which a child's evidence can be given are taken to be part of the court (item (1)).

The proposed amendments to section 405F enable a court to adjourn all o f the proceedings (instead of just part of them) to other premises if the court gives a direction under that section for alternative arrangements to be made for the giving o f evidence by a child victim and also restate the existing provision that those premises are taken to be

part of the court (item (2)).

Section 405G is to be repealed as a consequence of the proposed amendments to sections 405D and 405F (item (3)).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

CRIMINAL APPEAL ACT 1912 No. 16

Amendments

(1) Section 2 (Definitions):

From the definition of “Sentence” in section 2 (1), omit

“ , or his”, insert instead “or any"

(2) Section 10 (Time for appealing):

(a) From section 10 ( l ) , omit “ten”, insert instead “28”. (b) From section 10 (4), omit ‘‘10”, insert instead “28”.

Transitional

The amendments to section 10 of the Criminal Appeal Act 1912 do not apply to an

appeal in respect of which the period for giving notice has expired before the date of

assent to this Act.

Explanatory note

Definition of “sentence” (item (1))

At present, the definition of “sentence” includes any order made by the court of trial on conviction with reference to the person convicted, or his property. The proposed amendment to section 2 makes it cleat that the order can refer to any property and not just that of the person to whom the conviction relates.

Time for appealing (item (2))

The proposed amendments to section 10 extend, from 10 to 28 days, the time within

which a person is required to give notice of an appeal, or notice of an application for

leave to appeal, to the Court of criminal Appeal against a conviction or sentence.

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Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

CRIMINAL PROCEDURE ACT 1986 No. 209

Amendments

Section 8 (Listing):

In section 8 (1) and (1A), after “criminal proceedings” wherever occurring, insert “that are to be heard and determined”.

Explanatory note

At present, the Criminal Listing Director can make arrangements for the listing of

criminal proceedings “before” the Supreme Court or the District Court. The proposed

amendments make it clear that the proceedings concerned are proceedings that are to be

heard and determined before those courts.

CROWN AND OTHER ROADS ACT 1990 No. 54

Amendments

(1)	Section 6 (Notice to be given of an intention to open a road over prescribed land):

From section 6 (2) (c), omit “at that office on or before that date or within that period”, insert instead “with the relevant compensating authority in accordance with section 14”.

(2)	Section 19 (Compensation to be determined by the local land board when the parties cannot agree):

From section 19 ( l ) , omit “accepting the claimant's claim in principle”, insert instead “informing the claimant that the Minister has determined to acquire the interest in land”.

(3) Section 38 (Power of Minister to re-mark road):

From section 38 (2), omit “section 37”, insert instead

“subsection ( l ) ” .

(4 )	Section 46 (Disposal of land that formerly constituted a closed

road):

After “Acts” in section 46 ( l ) , insert “or may provide the land as compensation under Division 2 of Part 2”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

(5) Schedule 2 (Savings anti transitional provisions):

(a)	From clause 11 (l), omit “lease or reserve”, insert instead “lease, reserve or dedication”.

(b) After “the reserve” in clause 11 (1), insert “or dedication”.

Explanatory note

Compensation (items (1), (2) and (4))

Section 6 sets out the matters included in a notice of the Minister's intention to open a road over prescribed land. The proposed amendment to the section more clearly describes a reference to the lodging of a claim for compensation in the section.

The proposed amendment to section 19 makes it clear that it is only after the Minister has detemined to acquire an interest in land that the claimant for cornpensation concerned may (if there is a dispute over the amount of compensation) apply to the local land board to determine that compensation.

The proposed amendment to section 46 enables the Minister to provide, as compensation to a person who has an interest in land to be acquired, land that formerly constituted a mad or that has become Crown land

Miscellaneous (items (3) and (5))

The proposed amendment to section 38 rectifies an incorrect cross-reference

The proposed amendment to Schedule 2 makes it clear that a savings provision preserving the rights m respect of a lease or reserve which includes a Crown road also applies to rights in respect of a dedication which includes a Crown road.

21 Act No. 17

Statute Law (Miscellaneous Provisions) I991

SCHEDULE 1—MINOR AMENDMENTS— continued

CROWN LANDS ACT 1989 No, 6

Amendments

Section 100 (Estate of trust):

After “licences” in section 100 (2), insert “or easements”. Section 101 (Purchase etc. of other land):

(a)	After “lease of” in section 101 (1) (a), insert “ ,o r acquire the benefit of an easement in respect of,”.
(b)	After “the trust” in section 101 (2), insert “or in respect of which the trust has the benefit under an easement”.

Section 102 (Consent of Minister to sale, lease, easement, licence or mortgage):

(a)	Before “a licence” in section 102 (l), insert “an easement or”.

(b) After “lease” in section 102 (4), insert “ ,easement”. (c) After “lease,” in section 102 (6), insert “easement,”. Section 103 (Sale, lease, easement, licence or mortgage in

accordance with consent):

(a) After “grant” in section 103 (l) , insert “an easement or”.

(b)	After “lease” in section 103 (2) wherever occurring, insert “easement”,
(c)	After “reserved” in section 103 (2), insert “ ,the terms of the easement”.

Section 105 (Execution of conveyances etc.):

(a)	After “lessee,” in section 105 (2) and (4) wherever occurring, insert “grantee,”.

(b) After “lease,” in section 105 (2), insert “ ,easement,”.

(c)	After “lease of land” in section 105 (3), insert “,or an instrument creating an easement in respect of land,”.

Section 106 (Proceeds):

After “lease” in section 106 ( l ) , insert

easement”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

(7) Section 138 (Certain land may be declared to be Crown land): From section 138 ( l ) , omit “that the land may be dealt with as if it were Crown land”, insert instead “the land to be Crown land”.

(8) Section 139 (Alteration of conditions or purposes and

suspension etc. of conditions):

After “exemption” in section 139 (4), insert “ , alteration, modification, addition or revocation”.

Explanatory note

Granting of easements by reserve trusts (items (1)-6))

At present, a reserve trust has the power to deal with land comprising the whole or any part of the reserve by way of sale, lease, licence or mortgage. This power is subject to the consent of the Minister. The proposed amendments ^ sections 100-103,105 and 106 enable a reserve trust to grant an casement in respect of the land and provide that this power is a1so subject to the consent of the Minister. The proposed amendments a1so enab1e a reserve trust to acquire the benefit of an easement in respect of 1and required by the trust for use m connection with the reserve.

Declaration of certain Crown land (item (7))

At present, the Minister may dec1are (by notification pub1ished in the Gazette) that 1and vested in the Crown or acquired by or on beha1f of the Crown or appropriated or resumed or vested in a pub1ic authority may be dea1t with as if it were Crown 1and The proposed amendment makes it c1ear that such a notification may dec1are the 1and to be Crown 1and.

Conditions on holdings (item (8))

The proposed amendment to section 139 makes it c1ear that if the conditions attaching to a ho1ding (or the purpose of a ho1ding) are a1tered, modified, added to or revoked, the Minister may redetermine the rent for the remainder of the current rent redetermination period app1icab1e to the ho1ding.

23 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued.

CROWN PROSECUTORS ACT 1986 No. 208

Amendments

Schedule 1 (Certain rights of Crown Prosecutors):

(a) After “resignation;” in clause 3 (1) (a), insert “and”.

(b)	From clause 3 (1) (b) (ii), omit “body; and”, insert instead “ b o d y ,” .

Explanatory note

The proposed amendments provide that a Crown Prosecutor, who at present is entitled to return to public sector employment in certain circumstances, is not prevented from doing so because of his or her age.

DRUG OFFENSIVE ACT 1987 No. 119

Amendments

(1) Section 3 (Definitions):

From the definition of “Directorate”, omit “Directorate of the Drug Offensive”, insert instead “Drug and Alcohol Directorate”.

(2) Part 3 (Heading):

Omit the heading, insert instead:

PART 3—THE DRUG AND ALCOHOL

DIRECTORATE

(3) Section 8 (The Directorate):

From section 8 ( l ) , omit “Directorate of the Drug Offensive”, insert instead “Drug and Alcohol Directorate”.

Explanatory note

The proposed amendments change the name of the Directorate of the Drug Offensive

(which is a division of the Department of Health) to the Drug and Alcohol Directorate.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

EDUCATION (ANCILLARY STAFF) ACT 1987 No. 240

Amendments

(1) Section 5 (Classifications and positions):

From section 5 ( l ) , omit “senior clerical assistant and such other”, insert instead “such”.

(2) Section 33 (Eligibility for appointment to Public Service):

From section 33 ( l ) , omit “with at least 5 years' satisfactory service as such”.

Explanatory note

The proposed amendment to section 5 omits a specific reference to senior clerical assistant as a classification of the ancillary staff of the Department of School Education (item (1)).

The proposed amendment to section 33 removes the condition that a permanent employee (being a member of the ancillary staff of the Department of School Education employed on a permanent basis) is required to have had at least 5 years' satisfactory service as a permanent employee before he or she may apply for a position in the Public Service as if he or she were a public servant (item (2)).

EDUCATION REFORM ACT 1990 No. 8

Amendments

(1) Section 58 (Common registration cycles for schools in a

system):

Omit “registration of schools”, insert instead “registration of non-government schools”.

(2) Sections 85 (2), 87 (3), 91 (1) (b) and (4):

Omit “system of schools” wherever occurring, insert instead

“system of non-government schools”.

(3) Section 98 (Record of achievement):

From section 98 ( l ) , omit “accredited school”, insert instead “government school or accredited non-government school”.

25 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

(4) Section 102 (Functions of the Board):

In section 102 (2) (g), before “courses of study”, insert

“syllabuses for”.

(5) Schedule 2 (Provisions relating to members and procedure of

the Schools Appeals Tribunal):

Omit clause 6 (1) (h) and “or” where lastly occurring in clause 6 (1) (g).

Explanatory note

Items ( l ) , (2), (3) and (5) make consequential changes as a result of amendments

approved in committee during the passage of the Act through Parliament.

Items (1) and (2) change a number of references to the registration of schools and to systems of schools to the registration of non-government schools and to systems of non-government schools as a consequence of the amendments in committee which removed the requirement for registration of government schools and the formation o f a system of government schools.

Item (3) changes a reference to accredited schools to a reference to government and accredited non-government schools in connection with the issue of records of achievement to students. The reference originally covered all schools because both government and non-government schools were to be accredited for the presentation of candidates for the recognised certificates (the S.C. and the H.S.C.). However, the requirement for accreditation of government schools was removed by amendments in committee and accordingly the expression “accredited school” m connection with the grant of records achievement is no longer sufficient to describe all schools.

Item (5) omits an unnecessary provision which provides for the vacation of office of the presiding member of the Schools Appeals Tribunal m circumstancesoutlined in a proposed provision of the Act that was removed by amendment in committee.

Item (4) makes a minor change to the wording of the functions of the Board of

studies in relation to vocational courses of study for Years 11 and 12. For the sake of

consistency the relevant provision is being amended to refer to the Board's role in

developing or endorsing syllabuses for courses of study rather than developing or

endorsing courses of study.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

ELECTION FUNDING ACT 1981 No. 78

Amendments

(1) Section 9 (Eligibility for appointment):

Omit section 9 (1) (a).

(2) Section 13 (Vacation of office):

(a) After “determined;” in section 13 (1) (l), insert “or”.

(b). From section l3 (1) (m), omit “member; or”, insert instead

“m em ber.” .

Explanatory note

ELECTRICITY ACT 1945 (1946 No. 13)

Amendments

(1) Schedule 1 (Provisions relating to the members of the

Electricity Council of New South Wales):

(a) after “Minister;” in clause 7 (1) (f), insert “and”.

(b) Omit clause 7 (1) (g).

(2) Schedule 3 (Provisions relating to the members of Electricity

Area Boards):

Omit clause 4 (1) (g).

Explanatory note

The proposed amendments remove the restriction that prevents a person who reaches the age of 70 years from continuing to hold office as a member of the Electricity Council ob New South Wales or as a member of an Electricity Area Board.

27 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

EMPLOYMENT PROTECTION ACT 1982 No. 122

Amendments

(1) Section 19 (Summary procedure for offences):

From section 19 (1) (a), omit “court of petty sessions constituted by a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate sitting alone”.

(2) Section 20 (Authority to prosecute):

Omit section 20 ( l) , insert instead:

(1) Proceedings for an offence against this Act or the regulations may be instituted:

(a) by an inspector appointed under the Principal Act; or

(b)	by a person acting with the written consent of the Minister.

Explanatory note

The proposed amendments:

extend the class of persons who may institute proceedings for offences under the Act or regulations to include inspectors appointed under the Industrial Arbitration Act 1940 (item (2)); and

update certain references as a consequence of the Local Courts Act 1982

(item (1)).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

ENERGY ADMINISTRATION ACT 1987 No. 103

Amendments

Schedule 1 (Superannuation and other rights of employees of the Corporation):

(a) After “resignation;” in clause 4 (1) (a), insert "or".

(b)	From clause 4 (1) (b) (ii), omit “body; and”, insert instead “body,”.

Explanatory note

The proposed amendments provide that an employee of the Energy Corporation, who at present is entitled to return to public sector employment in certain circumstances, is not prevented from doing so because of his or her age.

ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1989

No. 150

Amendment

Schedule 3 (Savings, transitional and other provisions):

After clause 10, insert:

References to authorised persons under Division 5A of

Part 10 of the Local Government Act 1919

11. (1) A reference in any Act or instrument (however expressed) to an authorised person within the meaning of Division 5A of Part 10 of the Local Government Act 1919 is to be read as a reference to a person belonging to any of the classes of persons referred to in the definition of “authorised person” in section 289A of that Act, as that definition was in force immediately before it was repealed by the amending Act.

29 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

(2) A reference in any Act or instrument (however expressed) to a person belonging to a class of persons referred to in the definition of “authorised person” in section 289A of the Local Government Act 1919 is to be read as a reference to a person belonging to the class so referred to, as that definition was in force immediately before it was repealed by the mending Act.

Commencement

The amendment to the Environmental Offences and Penalties Act 1989 is taken to have commenced on 1 January 1991 (the day on which Division 5A of Part 10 of the Local Government Act 1919, which included section 289A of that Act, was repealed by the Environmental Offences and Penalties (Amendment) Act 1990).

Explanatory note

The amendment to Schedule 3 makes it clear that references in any Act or instrument to authorised persons within the meaning of Division 5A of Part 10 of the Local Government Act 1919, or to any class of authorised persons within the meaning o f that Division, continue to have the same effect as they had immediately before that Division was repealed by the Environmental Offences and Penalties (Amendment) Act 1990.

FACTORIES, SHOPS AND INDUSTRIES ACT 1962 No. 43

Amendments

(1) Section 7 (Inspectors):

After “Act” in section 7 (l) , insert “(other than Parts 4 and

6 )”.

After section 7 (5), insert:

(6 )	In subsections (3), (4) and (5), a reference to an

inspector includes a reference to an inspector appointed

under the Industrial Arbitration Act 1940.

(2) Section 7A (Disclosure of information):

After “inspector” in section 7A ( l ) , insert “(including an inspector appointed under the Industrial Arbitration Act 1940)”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

(3) Section 74 (Definitions):

After the definition of “Furniture factory” in section 74 (1), insert:

“Inspector” means an inspector appointed under the Industrial Arbitration Act 1940.

(4) Section 104 (Definitions):

After the definition of Hairdresser”, insert:

“Inspector” means an inspector appointed under the Industrial Arbitration Act 1940.

(5) Section 145 (Proceedings):

After “inspector” in section 145 (1) (a), insert “(in the case of an offence under section 7 (5) involving an inspector but not in the case of an offence under Part 4 or 6 or the regulations under those Parts)”.

After section 145 (1) (a1), insert:

(a2) an inspector appointed under the Industrial Arbitration

Act 1940 (in the case of an offence under section 7 (5) involving such an inspector or an offence under Part 4 or 6 or the regulations under those Parts); or

From section 145 (5), omit “Department of Industrial Relations and Employment”, insert instead “the WorkCover Authority or, in a case where the informant is an inspector appointed under the Industrial Arbitration Act 1940, by an officer of the Department of Industrial Relations, Employment, Training and Further Education”.

Explanatory note

Tlie proposed amendments provide that die existing powers and fimctions of inspectors under Part 4 (restiictiai of hours of trade or work in certain industries) and Part 6 (regulation of the hairdressing trade) of die Act are to be exercised by inspectors appointed under die Industrial Arbitration Act 1940. This reflects the existing arrangement conconing inspectors’ powers and fimctions under the Factories, Shops and Industries Act 1962.

31 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

FORESTRY ACT 1916 No. 55

Amendments

(1)	Section 27 (Penalty for unlawfully taking timber, products or forest materials):

From section 27 (1), omit “$1,000”, insert instead “50 penalty units”.

(2) Sections 29, 32, 32D, 32G, 38, 41 (1A), 43 (1A), 45:

Omit “$500” wherever occurring, insert instead “20 penalty units”.

(3) Sections 32C (Offences relating to hunting and the use of

firearms etc.), 44 (Penalties for offences against officers etc.):

Omit “$500” wherever occurring, insert instead “50 penalty

u n i t s ” .

(4) Sections 38A (Requirement to state name and address), 38B (Requirement for owner of motor vehicle and others to give information):

Omit “$200” wherever occurring, insert instead “20 penalty units”.

Explanatory note

The proposed amendments increase monetary penalties for certain offences under the Act. The penalties have not been reviewed for some time (in some cases not since 1978) and relate to such offences as the unlawful taking of timber, hunting and use of firearms in State forests, obstruction of authorised officers and to offences against the regulations. The increases w i l l bring the penalties in line with similar penalties under comparable legislation (e.g. the Soil Conservation Act 1938).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

FREEDOM OF INFORMATION ACT 1989 No. 5

Amendment

Section 25 (Refusal of access):

After section 25 ( l ) (b), insert:

(b1) if it is a document that is available from, or available for inspection at, that agency, free of charge, in accordance with that agency's policies and practices;

Explanatory note

The object of the proposed amendment is to enable an agency to refuse access to a document under the Freedom of Information Act 1989 if the document is otherwise available from, or available for inspection at, that agency, free of charge.

GAMING AND BETTING ACT 1912 No. 25

Amendment

Section 10A (Betting by minors):

From section 10A (2), omit “A person under the age of 16 years”, insert instead “A minor”.

Commencement

The amendment to the Gaming and Betting Act 1912 commences on a day to be appointed by proclamation.

Explanatory note

Section 10A of the Gaming and Betting Act 1912 penalises betting by minors but precludes imprisonment m default of payment of the penalty if the person in default is under the age of 16 years. The proposed amendment w i l l preclude imprisonment if the person in default is under the age of 18 years.

The amendment will ensure that the section is consistent in this respect with section

117G (Minors not to be detained) of the Liquor Act 1982 (as inserted by Schedule 3 (7) to the Liquor (Miscellaneous Amendments) Act 1990) and section 57B (Minors not to be detained) of the Registered Clubs Act 1976 (as inserted by Schedule 1 (3) to the Registered Clubs (Miscellaneous Amendments) Act 1990).

33 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

GOVERNMENT INSURANCE ACT 1927 No. 18

Amendments

Schedule 2 (Provisions relating to the constitution of the

Board):

(a) Omit clause 2 (Age of directors).

(b) Omit clause 11 (1) (h).

(d) Omit clause 11 (2).

(e) From clause 14 ( l) , omit the definition of “retiring age”.

(f)	From clause 14 (2), omit “ ,if he has not attained the retiring age,”.

Explanatory note

The proposed amendments:

remove the restriction that prevents a person from being eligible to be appointed as, or from continuing to hold office as, a full-time director or the elected director of the Government Insurance Office of New South Wales Board if the person is of or above the age of 65 years, or as a part-time director if the person is of or above the age of 70 years; and

remove the provision which enables the Governor to retire a full-time director

after the director reaches the age of 60 years; and

provide that a full-time director, who at present is entitled to return to public

sector employment m certain circumstances, is not prevented from doing so

because of his or her age.

HEALTH ADMINISTRATION ACT 1982 No. 135

Amendments

(1) Section 4 (Definitions):

After section 4 ( l ) , insert:

(1A) The expression “NSW Health” may be used to describe the Corporation, the Department and any other body and organisation under the control and direction of the Minister.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

(2) Section 20B (Establishment of Medical Services Committee):

(a) From section 20B (2), omit “9”, insert instead “10”.

(b) From section 20B (2) (b), omit “8”' insert instead "9".

(d)	From section 20B (2) (b) (iv), omit “Section.”, insert instead “Section; and”.
(e)	After section 20B (2) (b) (iv), insert:

(v) 1 shall be appointed on the nomination of the New South Wales Branch of the Australian Association of Consultant Physicians.

(3) Schedule 4 (Medical Services committee):

(a) From clause 4 (2), omit “3”, insert instead “5 ' ' .

(b) From clause 11, omit “Five”, insert instead “Six”.

Transitional

Item (3) (a) of the amendments to the Health Administration Act 1982 applies to the re-appointment of a member of the Medical Services Committee who would not, but for the amendment made by that paragraph, have been eligible for re-appointment.

Explanatory note

The proposed amendments:

enable the expression “NSW Health” to be used (fer example on letter heads) to describe the Department of Health, the Health Administration Corporation and any other body and organisation under the control and direction of the Minister

(item

( l ) ) ; and

increase, from 9 to 10, the number of members comprising the Medical Services Committee and to provide that the additional member is to be appointed by the Minister on the nomination of the NSW Branch of the Australian Association of Consultant Physicians (item (2)); and

provide that a member of the committee may be appointed for not more than 5 consecutive terms (each term comprising a 2 year period) instead of not more than 3 consecutive terms as is the case at present (item (3) (a)); and

(d)	provide that the quorum for a meeting of the Committee is 6 instead of 5

members (item (3) (b)); and

(e)	omit an obsolete provision relating to the first meeting of the Committee (item (3) (c)).

35 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

INDEPENDENT COMMISSION AGAINST CORRUPTION

ACT 1988 No. 35

Amendments

Schedule 3 (Rights of certain staff of Commission):

(a)	From clause 3 (b) (ii), omit “body; and”, insert instead “ b o d y ,” .

(b) Omit clause 3 (c).

Explanatory note

The proposed amendments provide that employees (other than those employed on a temporary basis) of the Independent Commission Against Corruption, who at present are entitled to return to public sector employment in certain circumstances, are not

prevented from doing so because of their age.

INDUSTRIAL ARBITRATION ACT 1940 No. 2

Amendments

(1) Section 24 (Appeal from committees etc.):

(a) After “an award” in section 24 (7), insert “or order”. (b) After “the award” in section 24 (7), insert “ ,o rder”.

(2) Section 25AA (Ancillary orders in compulsory conferences):

(a)	From section 25AA (2) (a), omit “elected”, insert instead “applied”.

(b) After section 25AA (4), insert:

(5)	Nothing in this section authorises a conciliation

commissioner, committee or tribunal:

(a) to make an order for the payment of interest; or

(b)	to remit an application to an industrial magistrate, if that application concerns an order for the payment of interest.

(3) Section 92D (Small claims before industrial magistrates):

(a)	Omit the definition of “prescribed application”, insert instead:

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

“prescribed application” means an application for an order made in accordance with subsection (2).

(b) Omit section 92D (2), insert instead:

(2) A person who makes an application to an industrial magistrate for an order may do so by requesting, in a form approved by the registrar, that the application be dealt with under this section.

(4) Section 93 (Penalty for breach of award etc.):

From section 93 (4), omit “The industrial magistrate may award costs to either party and assess the amount of such costs. Such costs shall be according to a scale fixed by the commission.”.

(5) Section 118A:

After section 118, insert:

Order for interest

118A. (1) If an order to which this section applies is made for the payment of an amount of money, the industrial magistrate may order that there is to be included (in the amount ordered to be paid) interest at the prescribed rate on the whole or any part of that amount for the whole or any part of the period from when the amount became due and the date of the order.

(2)	If, in relation to proceedings for an order to which this

section applies the whole of the amount of money due (or any part of it) is paid before or without the order being made, the industrial magistrate may order that interest is to be paid at the prescribed rate on the amount so paid €or the whole or any part of the period from when the amount became due and the date of the payment. Any such order for interest may be enforced as if it were an order to which this section applies.

(3) This section does not:

(a) authorise the charging of interest on interest; or

(b)	authorise the charging of interest otherwise than by consent on any amount for the payment of which an order is made by consent.

37 Act No. 17

Statute Law (MisceIlaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS—continued

This section applies to the following orders: respect to any payment due to a worker under that Act.

an order under section 92, 92B or 93 for the payment

of money due;

an order under section 12 (2) or 13 of the Annual

Holidays Act 1944 with respect to any remuneration or

payment due to a worker under that Act;

an order under section 11 (2) or 12 of the Long Service

Leave Act 1955 with respect to any payment due to a

worker under that Act;

an order under section 11 (2) or 12 of the Long Service

(6) Section 127 (Appointment and powers of inspectors):

From section 127 (1) (d), omit “ ,	on obtaining the authority
of the Minister,”.

(7) Section 130 (Regulations):

(a)	Before “committee” in section 130 (1) (a), insert “conciliation commissioner,”.
(b)	After “commission” in section 130 (1) (h), insert “or a conciliation commissioner, committee or tribunal”.

Commencement

The proposed amendments to the Industrial Arbitration Act 1940 commence on a day or days to be appointed by proclamation.

Transitional

Item (5) of the amendments to the Industrial Arbitration Act 1940 does not apply to

proceedings (being proceedings in respect of an order for the payment of money due)

commenced before that item commences.

Explanatory note

Orders for interest (items (2) (b) and (5))

At present under the Act, certain orders for the payment of money due (e.g. for the

recovery of wages) are enforced as if the order were a judgement for a debt in a court of

competent jurisdiction. Proposed section 118A provides that if an order is made for the

payment of money, the industrial magistrate may order that interest on the amount of

money due is to be included in the amount ordered to be paid (this being similar to

proceedings for the recovery of money before a Local Court—see section 39A of the

Local Courts (Civil Claims) Act 1970).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

The proposed amendment to section 25AA provides that an order for interest is not to be made at a compulsory conference (held before a conciliation commissioner for example) and that an application for an order for interest is not to be remitted to an industrial magistrate (item (2) b )).

Appeals from committees etc, (item (1))

The proposed amendments to section 24 make it clear that the Crown may appeal to the Industrial Commission from an order, and not just an award, of a conciliation commissioner, a conciliation committee or a contract regulation tribunal

Small claims before industrial magistrates (items (2) (a) and (3))

The proposed amendments to section 92D provide that an application for an order for the recovery of an amount of money may be made to the registrar in an approved form instead of by making a complaint in a prescribed form and then electing to have the application dealt with under section 92D. That section provides a quick and informal method of recovering amounts of money (such as unpaid wages) that are less than $5,000. The proposed amendment to section 25AA (2) is consequential.

Costs (item (4))

The proposed amendment to section 93 w ill enable costs awarded to a party to

proceedings for a breach of an award to be dealt with in the same way as costs awarded

in other proceedings for a penalty or prosecution under the Act (that is, they are no

longer to be in accordance with a scale fixed by the Industrial Commission but in

accordance with section 123 of the Act).

Inspectors (item (6))

The proposed amendment to section 127 provides that inspectors may institute proceedings for a penalty for the breach of an award without needing the authority of the Minister.

Procedure before conciliation commissioners e tc (item (7))

The proposed amendment to section 130 enables regulations to be made prescribing the forms of references and applications to a conciliation commissioner and regulating the procedure to be followed in proceedings before a conciliation commissioner, a conciliation committee or a contract regulation tribunal.

39 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS—continued

JUSTICES ACT 1902 No. 27

Amendment

Section 89 (Form and content of warrants):

After “issuing it”, insert “(or, in the case of a warrant of commitment issued by an authorised justice by means of a computer network administered by the Attorney General's Department, shall record the name of the authorised justice issuing it)”.

Explanatory note

The proposed amendment enables a computer generated warrant of commitment to record the name of the authorised justice who issues the warrant instead of having to be under the hand and seal of the authorised justice.

LAKE ILLAWARRA AUTHORITY ACT 1987 No. 285

Amendments

Schedule 3 (Provisions relating to members of the Authority):

(a) Omit clause l (Age of members).

(b) Omit clause 6 (1) (e).

Explanatory note

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

LAND TAX MANAGEMENT ACT 1956 No. 26

Amendment

Section 54C:

After section 54B, insert:

Land values for 1991 and 1992 to be frozen at 1990 levels

54C. (1) This section applies for the purpose of determining land value in relation to the years commencing on 1 January 1991 and 1 January 1992 ("the 1991 and 1992 tax years") and applies despite section 54.

(2)	If land had a land value in relation to the year that

commenced on 1 January 1990, the land value of the land in relation to the 1991 and 1992 tax years is to be the same as the land value of the land in relation to the year that commenced on 1 January 1990.

(3)	A valuation of land under section 54 (1) (d) or (1A) in

respect of the 1991 and 1992 tax years is to be made as if it were a valuation for the purposes of land tax to be levied in respect of the year commencing on 1 January 1990.

Commencement

The amendment to the Land Tax Management Tax 1956 is taken to have commenced on 31 December 1990 (the commencement of the Land Tax Management (Further Amendment) Act 1990).

Explanatory note

The proposed amendment to the Land Tax Management Act 1956 is consequential on the amendment made by the Land Tax Management (Further Amendment) Act 1990 whereby an across the board increase of 17% was imposed on 1990 taxable land values for the purposes of the 1991 and 1992 tax years. The proposed amendment will limit the increase to the intended 17% by removing an anomaly whereby the 17% increase would have been imposed on top of a general increase brought about by a general revaluation in some areas. The proposed amendment w ill achieve this by “freezing” land values at their 1990 Values for the purposes Of the application of the 17% increase.

41 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS—continued

LANDLORD AND TENANT (RENTAL BONDS) ACT

1977 No. 44

Amendments

Schedule 1 (Provisions relating to constitution and procedure of the Board):

(a) Omit clause 1 (1).

(b) After “office;” in clause 1 (7) (g), insert “or”.

instead “subclause (8).”.

(d) Omit clause 1 (7) (i).

Explanatory note

The proposed amendments remove the restriction that prevents a person who is of or above the age of 65 years from being eligible to be appointed as, or from continuing to hold office as, an appointed member of the Rental Bond Board.

LOCAL GOVERNMENT ACT 1919 No. 41

Amendments

(1) Section 160AA (Reduction of rates payable by certain classes

of pensioners):

(a)	From paragraph (a) of the definition of “eligible pensioner” in section 160AA ( l ) , omit “Commonwealth Department of Social Security”, insert instead “Commonwealth Government”.
(b)	From paragraph (b) (iv) of the definition of “eligible pensioner” in section 160AA ( l) , omit “Department of Social Security or the Commonwealth Department of Veterans' Affairs”, insert instead “Government”.

(2) Section 290 (Control and regulation):

At the end of 'the section, insert:

(2) The council may fix a fee for the inspection, for the

purposes of this Division, of premises referred to in

subsection (1) (a), (c) or (d). The fee is to be fixed in

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

accordance with section 167 and may be demanded and recovered in the same way as a fee for the supply of a service may be demanded and recovered under Division 3 of Part 7.

(3) Section 582A (Exculpation from liability-floodliable land

land in coastal zone):

After section 582A ( l) , insert:

(1A) A council shall not incur any liability in respect o f any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in a manual referred to in subsection (4) (b)) or the nature or extent of any such hazard; or

anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.

section 582A (2) and (3), omit “subsection (1)” wherever occurring, insert instead “subsections (1) and (1A)”.

From section 582A (2) (e), omit “and”.

After section 582A (2) (e), insert

(e1) the carrying out of coastal management works; and From section 582A (3), omit “published under subsection (4)”, insert instead “referred to in subsection (4)”.

Omit section 582A (4), insert instead:

(4)	For the purposes of this section, the Minister for

Planning may, from time to time, publish a notice in the

Gazette of publication of:

(a)	a manual relating to the development of flood liable land; or

(b) a manual relating to the management of the coastline, and specifying a place where a copy of the manual is deposited.

(4A) The copy of the manual is to be available for public

inspection, without charge, during ordinary office hours.

From section 582A (6 ) , omit “This section”, insert instead

“A provision of this section”.

43 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

(h)	From section 582A (6), omit “this section” wherever occurring, insert instead “the provision”.

(i) After section 582A (6 ), insert:

(7) In this section:

“coastal zone” has the meaning it has in the Coastal

Protection Act 1979.

(4) Section 644 (Demanding name of offender):

(a)	After “Act” in section 644 ( l) , insert “or section 8F of the Environmental Offences and Penalties Act 1989”.
(b)	After “Part IX” in section 644 ( l) , insert “or in respect of any offence under section 8F of the Environmental Offences and Penalties Act 1989”.

Validation

A notice of publication of a manual relating to the development of flood liable land

that:

(a) was published m the Gazette before the date of assent to this Act; and

(b)	would have been validly published if section 582A of the Local Government Act 1919 (as amended by this Act) was then m force,

is taken to have been validly published under that section as so amended

Explanatory note

Definition of “eligible pensioner” (item (1))

The proposed amendments to section 160AA willensure that the definition correctly describes the source of pensioner health benefits cards and pensioner medical service entitlement cards referred to m the definition.

Fees for inspection (item (2))

The proposed amendment to section 290 makes it clear that a council may fix a fee for inspection of certain premises used for the storage, sale or preparation of food (for example, premises used for the storage of meat and restaurants) m the same way that it may fix a fee for other services. Section 290 empowers the council to regulate and control such premises. This was formerly done by the licensing of the premises under Ordinance Nos. 56 (premises used for the sale of meat, fish, poultry, game and smallgoods) and 69 (Refreshment rooms). Since the repeal of those ordinances,it has been &ne through a system of inspections.

Exculpation of liability relating to management of the coastline (item (3))

At present, section 582A protects councils acting in good faith from liability in

respect of flood liable land. In particular, a council is protected if it gives advice, or does

or omits to do something, substantially m accordance with a manual relating to the

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

developmemt of flood liable land published as required by the section. The proposed amendments w ill give similar protection to councils in respect of advice given concerning coastline hazards (such as beach erosion and cliff instability) described in a similar manual relating to management of the coastline and for acts done or omitted to be done in respect of management of the coastline.

Manuals relating to development of flood liable land (item (3) (e) and (f))

The proposed amendments enable the Minister for Planning to publish notice of publication of a manual relating to the development of flood liable land in the Gazette. At present, the whole manual must be published in the Gazette.

Provision is also made to validate the publication of such a notice before the commencement of the amendment.

Littering (item (4))

The Environmental Offences and Penalties (Amendment) Act 1990 repealed Division 5A (Depositing litter prohibited) of Part 10 of the Local Government Act 1919 and re-enacted the provisions (with minor modifications) as section 8F of the Environmental Offences and Penalties Act 1989. Under section 644 (1) (a) of the Local Government Act 1919 (as in force before the amendments took effect) an employee of the council or police officer was empowered to demand from a person committing an offence against the Division his or her name and address and, if this information was withheld, to take the person before a court of summary jurisdiction. The proposed amendment w ill restore this power in respect of littering offences as re-enacted in section 8F.

45 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

LONG SERVICE LEAVE ACT 1955 No. 38

Amendments

(1) Section 11 (Recovery of penalties):

From section 11 (l), omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.

From section 11 (2), omit “stipendiary magistrate”, insert

instead “Local Court”.

Before “magistrate” in section 11 (3), insert “Local Court or

industrial”.

From section 11 (3), omit “Such costs shall be according to a

scale to be fixed by the Industrial Commission of New South

Wales.”.

(2) Section 12 (Recovery of long service leave pay):

From section 12 ( l ) , omit “court of petty sessions holden before a Stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.

From section 12 (l) , omit “magistrate may make any order the”, insert instead “Local Court or industrial magistrate may make any order the court or”.

From section 12 ( l ) , omit “Such costs shall be according to a scale to be fixed by the Industrial Commission of New South Wales.”.

From section 12 (1A), omit “magistrate under this section”, insert instead “Local Court or industrial magistrate under this section (except an order for the payment of interest)”.

(3) Section 14 (Provisions as to enforcement of orders etc.):

(a)	After “penalty” where firstly occurring, insert “,the making of an order for the payment of interest on an amount of money”.
(b)	From section 14, omit “court of petty sessions”, insert instead “Local Court constituted by a Magistrate sitting alone”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

Commencement

The proposed amendments to the Long Service Leave Act 1955 commence on a day or days to be appointed by proclamation.

Transitional

Item (3) (a) of the amendments to the Long Service Leave Act 1955 does not apply to proceedings (being proceedings in respect of an order for the payment of long service leave pay under that Act) commenced before that paragraph commences.

Explanatory note

Awarding of costs (item (1) (d) and (2) (c))

The proposed amendments to section 11 (3) and 12 (1) will enable costs (which may be awarded to a party to proceedings for the recovery of penalties or long service leave pay under the Act) to be assessedby the Industrial magistrate or Local Court concerned rather than in accordance with a scale fixed by the Industrial cCommission.

Orders for interest (item (3) (a))

The proposed amendment to section 14 applies the provisions of the Industrial Arbitration Act 1940 relating to the making of orders for the payment of interest cm money due under that Act to proceedings under the Long Service Leave Act 1955 in respect of an order directing the payment of long service leave under that Act.

Statute law revision

The remaining amendments to the Act update references to courts of petty sessions and stipendiary magistrates as a consequence of the Local Courts Act 1982.

47 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS— continued

LONG SERVICE LEAVE (METALLIFEROUS MINING

INDUSTRY) ACT 1963 No. 48

Amendments

(1) Section 11 (Recovery of penalties):

(a)	From section 11 (l), omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.
(b)	From section 11 (2), omit “stipendiary magistrate”, insert instead “Local Court”.
(c)	Before “magistrate” in section 11 (3), insert “Local Court or industrial”.
(d)	From section 11 (3), omit “Such costs shall be according to a scale to be fixed by the Industrial Commission of New South Wales.”.

Section 12 (Recovery of long service leave pay):

(a)	From section 12 (l), omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate”.
(b)	From section 12 (l), omit “magistrate may make any order he”, insert instead “Local Court or industrial magistrate may make any order the court or magistrate”.
(c)	From section 12 ( l ) , omit “Such costs shall be according to a scale to be fixed by the Industrial Commission of New South Wales.”.
(d)	From section 12 (1A), omit “magistrate under this section”, insert instead “Local Court or industrial magistrate under this section (except an order for the payment of interest)”.

(3) Section 14 (Provisions as to enforcement of orders etc.):

(a)	After “penalty” where firstly occurring, insert “,t hemaking of an order for the payment of interest on an amount of money”.
(b)	From section 14, omit “court of petty sessions”, insert instead “Local Court constituted by a Magistrate sitting alone”.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1-MINOR AMENDMENTS-continued

Commencement

The proposed amendments to the Long Service Leave (Metalliferous Mining Industry) Act 1963 commence on a day or days to be appointed by proclamation.

Transitional

Item (3) (a) of the amendments to the Long Service Leave (Metalliferous Mining Industry) Act 1963 dots not apply to proceedings (being proceedings in respect of an order for the payment of long service leave pay under that Act) commenced before that paragraph commences.

Explanatory note

Awarding of costs (items (1) (d) and (2) (e))

The proposed amendments to section 11(3) and 12(1) will enable costs (which may

be awarded to a party to proceedings for the recovery of penalties or long service leave

pay for workers in the metalliferous mining industry) to be assessed by the industrial

magistrate or Local Court concerned rather than in accordance with a scale fixed by the

Industrial Commission.

Orders for interest (item (3) (a))

The proposed amendment to section 14 applies the provisions of the Industrial Arbitration Act 1940 relating to the making of orders for the payment of interest cm money due under that Act to proceedings under the Long Service Leave (Metallifcrous Mining Industry) Act 1963 in respect of an order directing the payment of long service leave payments under that Act.

Statute law revision

The remaining amendments to the Act update references to courts of petty sessions and stipendiary magistrates as a consequence of the Local Courts Act 1982.

49 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 1—MINOR AMENDMENTS— continued

LOTTO ACT 1979 No. 53

Amendments

(1) Section 7 (Alteration of conditions of licence):

Omit section 7 (3), insert instead:

(3) An alteration under subsection (1) takes effect:

(a) on the day that is 8 days after the day on which a

notice, signed by the Minister, advising the licensee of

the alteration is given to the licensee; or

(b) if a later day is specified in the notice, on that day.

(2) Section 13 (Application of subscriptions):

Omit section 13 ( l ) , insert instead:

(1) Out of the subscriptions received by a licensee in respect of games of lotto conducted by the licensee, the licensee must:

pay into the prize fund kept in respect of the licensee an amount which, when added to any amount already applied by the licensee to the payment of prizes won in those games, is equal to a percentage, prescribed by the conditions of the licence, of the subscriptions for those games; and

(b)	pay to the Minister, as duty, an amount equal to a percentage, prescribed by the conditions of the licence, of the subscriptions for those games.

Explanatory note

Time when alteration of conditions of licence takes effect (item (1))

Under section 7 of the Lotto Act 1979 the Minister may alter the conditions of a licence. The alterations take effect “on and from the expiration of 7 days after the day" on which notice m writing advising the licensee of the alteration is given. The proposed amendment to section 7 w ill recast the existing provision so that it is clear that the alteration takes effect 8 days after notice is given and will also enable the Minister to

specify in the notice a later day on which an alteration is to take effect.

Application of subscriptions (item (2))

The proposed amendment to section 13 w ill:

(a)	enable contributions to the prize fund kept m respect of a licensee under the Lotto Act 1979 to be calculated as a percentage of the subscriptions received by the licensee in respect of a number of games of lotto rather than, as is currently

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE l—MINOR AMENDMENTS—continued

the case, in respect of a single game only; and

(b)	ensurethat, when calculating the amount of any such contribution, regard is had to any amounts already paid by the licensee to prizewinners in those games.

MARINE ADMINISTRATION ACT 1989 No. 93

Amendment

Section 44 (Payments into the Fund):

From section 44 (b), omit “recovered or informations laid”, insert instead “recovered in prosecutions b ro u g h t” .

Explanatory note

Section 44 (b) of the Marine Administration Act 1989 provides for the payment into the Maritime Services Board Fund of fines and penalties recovered for offences against the marine legislation (which as defined in the Act includes the Marine Pollution Act 1987). In its present form, section 44 (b) describes the fines and penalties that may be recovered by reference to those recovered on informations laid by officers of the Maritime Services Board

The provision needs to be recast so that it applies to all fines and penalties recovered by officers of the Board under the Marine Pollution Act 1987. Under that Act, proceedings may be dealt with summarily before a Local Court (before which prosecutions are commenced by information) or the Land and Environment Court (before which prosecutions are commenced by summons). As a result, fines and penalties recovered in the Local Court are payable into the Fund but not those recovered

in the Land and Environment Court.

The proposed amendment will ensure all such fines and penalties are paid into the

Fund.

The amended provision w ill read (m part) as follows:

44. There shall be paid into the Fund:

(b)	all fines and penalties recovered for offences against the marine legislation and which are required by that legislation to be paid to the Board or are recovered on informations laid recovered in prosecutions brought by officers of the Board; and

[Matter to be omitted is shown in italic type and matter to be inserted is shown

Statute Law (Miscellaneous Provisions) 1991

Explanatory note

The proposed amendments to section 133A make it clear that an error in the proclamation constituting a provisional domestic and stock water supply district (or a provisional domestic and stock water supply and irrigation district) or in the subsequent notification constituting the provisional district as a district can be corrected by a further proclamation or notification. At present, an error in the order constituting the district or provisional district may be corrected by a further order and the proposed amendment

provides a more accurate description of the type of order referred to in section 133A

(item (1)).

Item (2) of the proposed amendments inserts section 133E which enables the Governor to revoke the proclamation constituting a provisional district and enables the Ministerial Corporation to revoke the notification constituting a district. This is to be consistent with the power of the Governor under section 59 of the Act to dissolve a trust constituted under Part 3 (Water and Drainage).

WATER BOARD ACT 1987 No. 141

Amendment

Section 37 (Certain charges to be charges on land):

After section 37 (2), insert

(3)	In this section, a reference to a service charge, or to a

charge imposed under section 30 (2), includes a reference to interest charged on the service charge or charge under section 38.

Transitional

The amendment to the Water Board Act 1987 does not apply to interest charged on overdue service charges or other charges before the date of assent to this Act.

Explanatory note

Section 37 of the Water Board Act 1987 provides that service charges and certain other charges imposed under the Act are a charge on the land to which they relate. Section 38 enables the Board to charge interest on overdue charges. The proposed amendment w ill provide that interest so charged becomes a charge on the land in the same way as the overdue charge to which it relates is a charge.

89 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTSBY WAY OF STATUTE LAW

REVISION

(Sec. 3)

AUCTIONEERS AND AGENTS ACT 1941 No. 28

Amendments

(1) Section 3 (Definitions):

From section 3 (6), omit “courts of petty sessions”, insert instead “Local Courts”.

(2) .Section 23 (Procedure):

(a)	From section 23 (7) (a) and (10AC), omit “court of petty sessions” wherever occurring, insert instead “Local court”.
(b)	From section 23 (9) (b), omit “stipendiary magistrate”, insert instead “a Magistrate sitting alone”.

(3) Section 29 (Cancellation of licence):

From section 29 ( l ) , omit “court of petty sessions holden before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate sitting alone”.

From section 29 (2), omit “such court of petty sessions”, insert instead “the Local Court”.

(4) Section 39AA (Procedure for approvals under sec. 39):

(a)	From section 39AA (4) and (10), omit “court of petty sessions” wherever occurring, insert instead “Local Court”.
(b)	From section 39AA (S), omit “court of petty sessions held before a stipendiary magistrate”, insert instead “Local Court constituted by a Magistrate sitting alone”.

(5) Section 63 (Holder not to lend certificate of registration):

Omit “him” where lastly occurring, insert instead “the

Council”.

Explanatory note

The proposed amendments:

(a)	are consequential on the amendments to the Act made by the Real Estate Services Council Act 1990 (item (5)); and
(b)	update references to courts of petty sessions and stipendiary magistrates 83 a ccnsecuence of the Local Courts Act 1982 (items (1)-(4)).

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

CHILDREN (COMMUNITY SERVICE ORDERS)

ACT 1987 No. 56

Amendment

Section 14 (Place etc. and time for presentation for work):

After “court” in section 14, insert “or”.

Explanatory note

The proposed amendment corrects a grammatical error consisting of the omission of

a word.

CORPORATIONS (NEW SOUTH WALES) ACT 1990 No. 83

Amendments

(1) Sections 82 (State superannuation schemes), 83 (Temporary

modification of superannuation legislation):

Omit the sections.

(2) Part 13 Transitional):

(a) Insert “etc.” at the end of the heading to Division 3.

(b) Section 93 (Exemptions from Part 7.12, etc.):

From section 93 (4), omit “taken not to be an eligible body”, insert instead “, as from that commencement, taken to be an eligible body”.

Commencement

Item (2) of the amendments to the Corporations (New South Wales) Act 1990 is

taken to have commenced on 1 January 1991 (the day on which that Act commenced).

Explanatory note

The proposed amendments:

(a)	repreal provisions enabling the making of regulations concerning superannuation and other matters which were intended to facilitate the transfer of staff to the service of the Australian securities Commission but are now superfluous (item (1)); and
(b)	ensure that a provision intended to preserve the effect of regulations made under section 16 (5) of the Companies (Application of Laws) Act 1981 on the commencement of the Corporations (New South Wales) Act 1990 operates as intended (item (2)).

91 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE. LAW

REVISION—continued

DIRECTOR OF PUBLIC PROSECUTIONS ACT

1986 No. 207

Amendment

Schedule 1 (Provisions relating to senior officers):

After “resignation;” in clause 11 (1) (a), insert “and”.

Explanatory note

The proposed amendment corrects a grammatical error consisting of the omission of

a word.

MISCELLANEOUS ACTS (PUBLIC SECTOR EXECUTIVES

EMPLOYMENT) AMENDMENT ACT 1989 No. 105

Amendment

Schedule 1 (Amendment of Acts):

Omit the amendments relating to the following Acts:

Auctioneers and Agents Act 1941

Egg Industry Act 1983

Grain Handling Act 1954

Explanatory note

The proposed amendment omits obsolete uncommenced provisions.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

MISCELLANEOUS ACTS (PUBLIC SECTOR EXECUTIVES

SUPERANNUATION) FURTHER AMENDMENT ACT

1989 No. 229

Amendment

Schedule 1 (Amendments):

From item (3) (c) of the matter relating to the Superannuation Act

1916, omit “section 20 (6)”, insert instead “section 20AB (6)”.

Explanatory note

The proposed amendment rectifies an incorrect incorporating direction.

PETROLEUM (SUBMERGED LANDS) ACT 1982 No. 23

Amendment

Section 78 (Approval and registration of transfers):

Omit section 78 (8) (b), insert instead:

(b) that security is lodged with the Minister,

the Minister shall be deemed to have approved the transfer.

Explanatory note

The proposed amendment rectifies the incorrect ranging of certain words which are meant to apply to both paragraphs (a) and (b) of section 78 (8).

PHARMACY ACT 1964 No. 48

Amendment

Section 17 (Additional requirements €or registration):

From section 17 (1) (a), omit “ ; and” where secondly occurring.

Explanatory note

The proposed amendment omits an unnecessary word.

93 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

PODIATRISTS ACT 1989 No. 23

Amendment

Section 8 (Certificate of provisional registration may be granted):

From section 8 (1) (b), omit “(a) or (b)”, insert instead

“(c)”.

Explanatory note

The proposed amendment rectifies an incorrect cross-reference.

REAL ESTATE SERVICES COUNCIL ACT 1990 No. 14

Amendment

Section 6 (Membership of Council):

From section 6 (3) (g), omit “Administrators”, insert instead

“Economists”.

Explanatory note

The proposed amendment updates a reference to the Australian Institute of Valuers and Land Economists (Incorporated)—New South Wales Division.

REAL PROPERTY ACT 1900 No. 25

Amendment

Schedule 2:

Omit “Aborigines Act 1969”, insert instead “Aboriginal

Land Rights Act 1983”.

Explanatory note

The proposed amendment updates a reference to an Act.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

RIVERS AND FORESHORES IMPROVEMENT

ACT 1948 No. 20

Amendments

(1) Section 10 (Constitution of district):

From section 10 ( l ) , omit “Board”, insert instead ‘‘local land board”.

(2) Section 14 (Appeal as to benefited lands):

From section. 14, omit “Commission”, insert instead

“Ministerial Corporation”.

Explanatory note

The proposed amendments update references to the names of certain bodies.

STAMP DUTIES ACT 1920 No. 47

Amendments

Section 3, definition of “Corporate debt security”:

(a) Insert a comma after “society” where firstly occurring.

(b) Insert a comma after “company” where thirdly occurring.

Explanatory note

The proposed amendments correct grammatical errors consisting of the omission of

commas.

95 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

STATUTORY AND OTHER OFFICES REMUNERATION

(EXECUTIVES) AMENDMENT ACT 1989 No. 104

Amendment

Schedule 1 (Amendments relating to chief executive and senior executive office holders):

From item (2), omit the matter relating to the Managing

Director of the New South Wales Egg Corporation.

Explanatory note

The proposed amendment omits an uncommenced provision which is now obsolete

because of the dissolution of the New South Wales Egg Corporation.

TECHNICAL AND FURTHER EDUCATION COMMISSION

ACT 1990 No. 118

Amendment

Schedule 4 (Savings, transitional and other provisions): From clause 9 (2), omit “Service”, insert instead “Services”.

Explanatory note

The proposed amendment corrects a reference to the Teaching Services Act 1980.

TRUSTEE COMPANIES ACT 1964 No. 6

Amendments

(1) Section 36A (Indemnities):

From section 36A ( l ) , omit “the NZ”.

(2) Third Schedule—First Part (Trustee Company):

Omit “NZ Guardian Trust Australia Limited”, insert instead

“Guardian Trust Australia Limited”.

Explanatory note

The proposed amendment reflects the change of name of NZ Guardian Trust Australia Limited to Guardian Trust Australia Limited.

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

WORKERS COMPENSATION ACT 1987 No. 7 0

Amendment

Schedule 6 (Savings, transitional and other provisions):

From the heading to Part 10, omit “REVIEW OFFICERS”, insert instead “CONCILIATION OFFICERS”.

Explanatory note

The proposed amendment corrects a reference to certain officers.

SCHEDULE 3—REPEALS

(Sec. 4)

Sydney Harbour Bridge Act 1922 No. 28**

George's River Bridge Act 1923 No. 23**

George's River Bridge (Amendment) Act 1947 No. 33**

Newcastle Harbour Improvements Act 1953 No. 6**

Port Kembla Inner Harbour Construction and Agreement Ratification Act

1955 No. 43**

Port Kembla Inner Harbour (Further Extensions) Act 1968 No. 67**

Port Kembla (Further Development) Act 1971 No. 28**

Port of Eden Improvement Works Act 1972 No. 77**

Ulladulla Harbour Improvement Works Act 1972 No. 81**

Superannuation (Amendment) Act 1983 No. 21***

Industrial Arbitration (Amendment) Act 1985 No. 7*

Industrial Arbitration (Trade Union) Amendment Act 1985 No. 20*

Strata Titles (Development Schemes) Amendment Act 1985 No. 114*

Water (Penalties) Amendment Act 1985 No. 133”

Strata Titles (Land Tax) Amendment Act 1985 No. 148*

Real Property (Covenants) Amendment Act 1986 No. 71*

Strata Titles (Covenants) Amendment Act 1986 No. 72*

Industrial Arbitration (Superannuation Appeals) Amendment Act 1986

No. 130*

Real Property (Plan Registration) Amendment Act 1986 No. 152*

Real Property (Amendment) Act 1987 No. 37*

Industrial Arbitration (Workers Compensation) Amendment Act 1987 No.

77*

97 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 3—REPEALS— continued

Superannuation (Amendment) Act 1987 No. 214*

Real Property (Forestry Rights) Amendment Act 1987 No. 243*

Children (Care and Protection) (Disability Services and Guardianship)

Amendment Act 1987 NO. 259*

Industrial Arbitration (Adjustment of Awards) Amendment Act 1988 No. 53*

Water Supply Authorities (Amendment) Act 1988 NO. 121*

Gaming and Betting (Amendment) Act 1989 No. 19*

Gaming and Betting (Two-up) Amendment Act 1989 NO. 31*

Anti-Discrimination (Racial Vilification) Amendment Act 1989 NO. 48*

Legal Profession (Solicitor Corporations) Amendment Act 1990 NO. 6*

Land Tax (Amendment) Act 1990 No. 34*

Real Property (Oyster Leases) Amendment Act 1990 NO. 41*

Real Property (Qualified Titles) Amendment Act 1990 No. 57*

Liquor (Further Amendment) Act 1990 No. 61*

Note:

* indicates repeal of amending Act whose provisions have been

included in a reprint and which contains no provision of substantive

effect that needs to be retained or which amends a repealed Act

* * indicates repeal of Act that is no longer of public utility

* * * indicates repeal of Act containing uncommenced provisions

Explanatory note

The repeals are explained in detail in the explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions.

Section 30 (2) of the Interpretation Act 1987 ensures that when an amending Act is repealed no amendment made by the Act is affected. section 30 (2) also ensures that the following matters are not affected:

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

(b) any right, privilege, obligation or liability saved by the operation of the Act;

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND

OTHER PROVISIONS

(Sec. 5)

Effect of amendment of amending provisions

1. (1) An amendment made by Schedule 2 to an amending provision

contained in an Act will, if the amending provision has commenced before the date of assent to this Act, be taken to have effect as from the commencement of the amending provision.

(2) In this clause:

“amending provision”, means a provision of an Act, or of any other

instrument, being a provision that has commenced and that makes a direct amendment of an Act by:

(a)	the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter; or
(b)	the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter; or
(c)	the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,

whether the provision was enacted before or after the

commencement of the Reprints Act 1972.

Explanatory note

This clause ensures that amendments correcting errors m the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) w ill commence on the date the amendments to which they relate commenced.

Effect of amendment or repeal on acts done or decisions made

2. Except where it is expressly provided to the contrary, if this Act:

(a) m ends a provision of an Act; or

(b)	repeals and re-enacts (with or without modification) a provision of an Act,

any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed,

99 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

SCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND

OTHER PROVISIONS—continued

Explanatory note

This clause ensures that the amendment or repeal of a provision w i l l not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

Regulations

3. (1) The Governor may make regulations containing provisions of a

savings or transitional nature consequent on the enactment of this Act.

(2) Any such provision may, if the regulations so provide, take effect

from the date of assent to this Act or a later date.

(3)	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.

Explanatory note

This clause enables the making of regulations of a transitional or saving nature

having a short term effect relating to incidental matters arising out of the proposed Act

with regard to which no specific, or sufficient, provision has been made in the Act.

NOTES

Index of Acts amended by Schedules 1 and 2

Air Transport Act 1964 No. 36—Sch. 1

Albury-Wodonga Development Act 1974 No. 474—Sch. 1

Ambulance Services Act 1990 No. 16—Sch. 1

Annual Holidays Act 1944 No. 314Sch. 1

Architects Act 1921 No. 8—Sch. 1

Auctioneers and Agents Act 1941 No. 28—Sch. 2

Bread Act 1969 No. 54—Sch. 1

Building and Construction Industry Long Service Payments Act 1986 No. 19—Sch. 1

Business Franchise Licences (Petroleum Products) Act 1987 No. 94—Sch. 1

Business Franchise Licences (Tobacco) Act 1987 No. 93—Sch. 1

Children (Care and Protection) Act 1987 No. 54—Sch. 1

Children (Community Service Orders) Act 1987 No. 56—Sch. 2

Children (Criminal Proceedings) Act 1987 No. 55—Sch. 1

Coal Mining Act 1973 No. 814—Sch. 1

Statute Law (Miscellaneous Provisions) 1991

NOTES—continued

Index of Acts amended by Schedules 1 and 2—continued

Commercial Vessels Act 1979 NO. 41—Sch. 1 Compensation Court Act 1984 No. 89—Sch. 1 Constitution Act 1902 No. 32—Sch. 1

Corporations (New South Wales) Act 1990 No. 83—Sch. 2

crimes Act 1900 No. 40—Sch. 1

Criminal Appeal Act 1912 No. 16—Sch. 1

Criminal Procedure Act 1986 No. 209—Sch. 1

Crown and Other Roads Act 1990 No. 54—Sch. 1

Crown Lands Act 1989 No. 6—Sch. 1

Crown Prosecutors.Act 1986 No. 208—Sch. 1

Director of Public Prosecutions Act 1986 No. 207—Sch. 2

Drug Offensive Act 1987 No. 119—Sch. 1

Education (Ancillary Staff) Act 1987 No. 240—Sch. 1

Education Reform Act 1990 No. 8—Sch.. 1

Election Funding Act 1981 No. 78—Sch. 1

Electricity Act 1945 (1946 No. 13)—Sch. 1

Employment Protection Act 1982 No. 122—Sch. 1

Energy Administration Act 1987 No. 103—Sch. 1

Environmental offences and Penalties Act 1989 No. 150—Sch. 1

Factories, Shops and Industries Act 1962 No. 43—Sch. 1

Forestry Act 1916 No. 55—Sch. 1

Freedom of Information Act 1989 No. 5—Sch. l

Gaming and Betting Act 1912 No. 25—Sch. 1

Government Insurance Act 1927 No. 18—Sch. 1

Health Administration Act 1982 No. 135—Sch. 1

Independent Commission Against Corruption Act 1988 No. 35—Sch. 1

Industrial Arbitration Act 1940 No. 2—Sch. 1

Justices Act 1902 No. 27—Sch. 1

Lake Illawarra Authority Act 1987 No. 285—Sch. 1

Land Tax Management Act 1956 No. 26—Sch. 1

Landlord and Tenant (Rental Bonds) Act 1977 No. 44—Sch. 1

Local Government Act 1919 No. 41—Sch. 1

Long Service Leave Act 1955 No. 38—Sch. 1

Long Service Leave (Metalliferous Mining Industry) Act 1963 No. 48—Sch. 1

Lotto Act 1979 No. 53—Sch. 1

Marine Administration Act 1989 No. 93—Sch. l

Maritime Services Act 1935 No. 47—Sch. 1

Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989 No.

105—Sch.2 Miscellaneous Acts (Public Sector Executives Superannuation) Further Amendment Act

1989 No. 229—Sch. 2

Motor Accidents Act 1988 No. 102—Sch. 1

Motor Accidents (Amendment) Act 1990 No. 90—Sch. 1

National Parks and Wildlife Act 1974 No. 80—Sch. 1

Ozone Protection Act 1989 No. 208—Sch. 1

Parramatta Stadium Trust Act 1988 No. 86—Sch. l

Petroleum (Submerged Lands) Act 1982 No. 23—Sch. 2

101 Act No. 17

Statute Law (Miscellaneous Provisions) 1991

NOTES—continued

Index of Acts amended by Schedules 1 and 2—continued

Pharmacy Act 1964 No. 49—Sch. 2

Plant Diseases Act 1924 No. 38—Sch. 1

Podiatrists Act 1989 No. 23—Sch. 2

Police Regulation (Superannuation) Act 1906 NO. 28—Sch. 1

Poultry Processing Act 1969 No. 45—Sch. 1

Prisons Act 1952 No. 9—Sch. 1

Private Irrigation Districts Act 1973 No. 47—Sch. 1

Public Sector Executives Superannuation Act 1989 No. 106—Sch. 1

Real Estate Services Council Act 1990 No. 14—Sch. 2

Real Property Act 1900 No. 25—Sch. 2

Residential Tenancies Act. 1987 No. 26—Sch. 1

Rivers and Foreshores Improvement Act 1948 No. 20—Sch. 2

Sentencing Act 1989 No. 87—Sch. 1

Stamp Duties Act 1920 No. 47—Sch. 2

State Authorities Non-contributory Superannuation Act 1987 No. 212—Sch. 1

State Authorities Superannuation Act 1987 No. 211—Sch. 1

State Drug Crime Commission Act 1985 No. 117—Sch. 1

State Sports Centre Trust Act 1984 No. 68—Sch. 1

Statute Law (Miscellaneous Provisions) Act (No. 2) 1990 No. 108—Sch. 1

Statutory and Other Offices Remuneration Act 1975 (1976 No. 4) —Sch. 1

Statutory and Other Offices Remuneration (Executives) Amendment Act 1989 No.

104—Sch.2

Subordinate Legislation Act 1989 No. 146—Sch. 1

Superannuation Act 1916 No. 28—Sch. 1

Swine Compensation Act 1928 No. 36—Sch. 1

Technical and Further Education commission Act 1990 No. 118—Sch. 2

Therapeutic Goods and Cosmetics Act 1972 No. 14—Sch. 1

Timber Marketing Act 1977 No. 72—Sch. 1

Transport Administration Act 1988 No. 109—Sch. 1

Treasury Corporation Act 1983 No. 75—Sch. 1

Trustee Companies Act 1964 No. 6—Sch. 2

Valuation of Land Act 1916 No. 2—Sch. 1

Water Act 1912 No. 44—Sch. 1

Water Board Act 1987 No. 141—Sch. 1

Workers Compensation Act 1987 No. 70—Sch. 2

Statute Law (Miscellaneous Provisions) 1991

NOTES-continued

Alphabetical list of Acts repealed by Schedule 3

Anti-Discrimination (Racial Vilification) Amendment Act 1989 No. 48

Children (Care and Protection) (Disability Services and Guardianship) Amendment Act

1987 No. 259

Gaming and Betting (Amendment) Act 1989 No. l 9

Gaming and Betting (Two-up) Amendment Act 1989 No. 31

George's River Bridge Act 1923 No. 23

George's River Bridge (Amendment) Act 1947 No. 33

Industrial Arbitration (Adjustment of Awards) Amendment Act 1988 No. 53

Industrial Arbitration (Amendment) Act 1985 No. 7

Industrial Arbitration (Superannuation Appeals) Amendment Act 1986 No. 130

Industrial Arbitration (Trade Union) Amendment Act 1985 No. 20

Industrial Arbitration (Workers Compensation) Amendment Act 1987 No. 77

Land Tax (Amendment) Act 1990 No. 34

Legal Profession (Solicitor Corporations) Amendment Act 1990 No. 6

Liquor (Further Amendment) Act 1990 No. 61

Newcastle Harbour Improvements Act 1953 No. 6

Port Kembla (Further Development) Act 1971 No. 28

Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 No. 43

Port Kembla Inner Harbour (Further Extensions) Act 1968 No. 67

Port of Eden Improvement Works Act 1972 No. 77

Real Property (Amendment) Act 1987 No. 37

Real Property (Covenants) Amendment Act 1986 No. 71

Real Property (Forestry Rights) Amendment Act 1987 No. 243

Real Property (Oyster Leases) Amendment Act 1990 NO. 41

Real Property (Plan Registration) Amendment Act 1986 No. 152

Real Property (Qualified Titles) Amendment Act 1990 No. 57

Strata Titles (Covenants) Amendmart Act 1986 No. 72

Strata Titles (Development Schemes) Amendment Act 1985 No. 114

Strata Titles (Land Tax) Amendment Act 1985 No. 148

Superannuation (Amendment) Act 1983 No. 21

Superannuation (Amendment) Act 1987 No. 214

Sydney Harbour Bridge Act 1922 No. 28

Ulladulla Harbour Improvement Works Act 1972 No. 81

Water (Penalties) Amendment Act 1985 No. 133

Water Supply Authorities (Amendment) Act 1988 No. 121

[Minister's second reading speech made in— Legislative Assembly on 17 April 1991 Legislative Council on I May 1991]