Statute Law (Miscellaneous Provisions) Act 1992 (NSW)

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1992

N o. 34

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

Annual Holidays Act 1944 No. 31

Australian Jockey Club Act 1873

Bicentennial Park Trust Act 1987 No. 29

Bread Act 1969 No. 54

Bush Fires Act 1949 No. 31

Catchment Management Act 1989 No. 235

Cattle Compensation Act 1951 No. 26

Centennial Park and Moore Park Trust Act 1983 No. 145

Children (Care and Protection) Act 1987 No. 54

Children (Detention Centres) Act 1987 No. 57

Chiropractors and Osteopaths Act 1991 No. 7

Commons Management Act 1989 No. 13

Co-operation Act 1923 (1924 No. 1)

Crimes Act 1900 No. 40

Crown Lands Act 1989 No. 6

Crown Lands (Continued Tenures) Act 1989 No. 7

District Court Act 1973 No. 9

Education (Ancillary Staff) Act 1987 No. 240

Environmental Offences and Penalties Act 1989 No. 150

Environmental Planning and Assessment Act 1979 No. 203

Environmentally Hazardous Chemicals Act 1985 No. 14

ii

Statute Law (Miscellaneous Provisions) Act 1992 No. 34

Exhibited Animals Protection Act 1986 No. 123 Factories, Shops and Industries Act 1962 No. 43 Fair Trading Act 1987 No. 68

Fines and Forfeited Recognizances Act 1954 No. 25

Government Guarantees Act 1934 No. 57

Home Care Service Act 1988 No. 6

Industrial Relations Act 1991 No. 34

Irrigation Act 1912 No. 73

Judges' Pensions Act 1953 No. 41

Justices Act 1902 No. 27

Land and Environment Court Act 1979 No. 204

Lay-by Sales Act 1943 No. 36

Legal Profession Act 1987 No. 109

Local Courts (Civil Claims) Act 1970 No. 11

Local Government Act 1919 No. 41

Long Service Leave Act 1955 No. 38

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

Lord Howe Island Act 1953 No. 39

Maritime Services Act 1935 No. 47

Mine Subsidence Compensation Act 1961 No. 22

Motor Dealers Act 1974 No. 52

National Parks and Wildlife Act 1974 No. 80

Parliamentary Electorates and Elections Act 1912 No. 41

Passenger Transport Act 1990 No. 39

Public Authorities (Financial Arrangements) Act 1987 No. 33

Public Health Act 1991 No. 10

Public Sector Management Act 1988 No. 33

Public Trustee Act 1913 No. 19

Radiation Control Act 1990 No. 13

Real Estate Services Council Act 1990 No. 14

Real Property Act 1900 No. 25

Soil Conservation Act 1938 No. 10

Stamp Duties Act 1920 No. 47

State Bank (Corporatisation) Act 1989 No. 195

State Roads Act 1986 No. 85

State Roads and Traffic (Offences and Penalties) Amendment Act 1991 No. 24

State Sports Centre Trust Act 1984 No. 68

Stock Foods Act 1940 No. 19

Subordinate Legislation Act 1989 No. 146

Surveyors Act 1929 No. 3

Sydney Turf CIub Act 1943 No. 22

Tow Truck Act 1989 No. 158

Traffic Act 1909 No. 5

Traffic Safety (Lights and Hoardings) Act 1951 No. 7

Treasury Corporation Act 1983 No. 75

Trustee Act 1925 No. 14

Valuation of Land Act 1916 No. 2

Valuers Registration Act 1975 No. 92

Water Board Act 1987 No. 141

iii

Statute Law (Miscellaneous Provisions) Act 1992 No. 34

Water Supply Authorities Act 1987 No. 140

Western Lands Act 1901 No. 70

Zoological Parks Board Act 1973 No. 34

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 1992

No. 34

NEW SOUTH WALES

Act No. 34, 1992

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 18 May 1992]

Statute Law (Miscellaneous Provisions) Act 1992 No. 34

The Legislature of New South Wales enacts:

Short title

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

1992.

Commencement

2.         The provisions of this Act commence on the date of assent except as

provided in a Schedule to this Act.

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)

ANNUAL HOLIDAYS ACT 1944 No. 31

AMENDMENT

Section 9 (Employers to keep holiday record):

From section 9, omit “in or to the effect of the form and containing the particulars prescribed”, insert instead “in a form approved by the Minister”.

COMMENCEMENT

The amendment to the Annual Holidays Act 1944 commences on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendment enables the form of holiday records to be kept by employers to be approved by the Minister instead of being prescribed by the regulations.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

AUSTRALIAN JOCKEY CLUB ACT 1873

AMENDMENTS

(1) Section 12 (Committee may make by-laws):

From section 12, omit “and the rates or charges to be paid for such admission”.

(2) Section 23 (Committee may fix tolls and charges):

(a) From section 23, omit “by any by-law to be made and come into operation as hereinbefore provided”.

(b) From section 23, omit “‘prescribe”, insert instead "determine".

Commencement

The amendments to the Australian Jockey Club Act 1873 commence on the date of assent to this Act.

TRANSITIONAL

Until a determination of the scale of tolls and charges is made by the committee under section 23 of the Australian Jockey Club Act 1873, the scale of tolls and charges prescribed by the by-laws and in force immediately before the date of assent to this Act continues to apply.

EXPLANATORY NOTE

At present, sections 12 and 23 provide that the committee of the Australian Jockey Club may make by-laws prescribing rates, charges and tolls to be levied for admission to land vested in the chairman of the Club and to buildings erected on that land. Such by-laws must be submitted to the Governor for approval and are subject to repeal by order of the Governor in Council. A breach of a by-law constitutes an offence.

The proposed amendments have the effect of enabling the committee of the Australian Jockey Club to determine and vary admission charges without the necessity of making by-laws for this purpose.

BICENTENNIAL PARK TRUST ACT 1987 No. 29

AMENDMENT

Section 23 (Penalty notices for offences against regulations):

Omit section 23 (3) and (4).

COMMENCEMENT

The amendment to the Bicentennial Park Trust Act 1987 commences on the date of assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

SAVING

The amendment to the Bicentennial Park Trust Act 1987 does not affect the validity of a courtesy letter served or enforcement action taken (whether before or after the date of assent to this Act) under Part 4B of the Justices Act 1902 as regards an offence referred to in section 23 (1) of the Bicentennial Park Trust Act 1987.

EXPLANATORY NOTE

The purpose of the proposed amendment is to omit superfluous provisions. At present, section 23 (3) and (4) provide that a person served with a penalty notice may decline to be dealt with by penalty notice and that, if the person fails to pay the amount specified in the penalty notice, the person is taken to have so declined. Part 4B of the Justices Act 1902 provides a supplementary scheme (applying to penalty notices issued under specified Acts including the Bicentennial Park Trust Act 1987) that may be used in the event of non-payment of penalty notices. This scheme involves the service of a courtesy letter (giving a person who has not paid the amount specified in a penalty notice further time to pay the penalty) and, in the event of non-payment, follow-up enforcement action. A person served with a courtesy letter may decline to be dealt with under the Justices Act scheme.

The proposed amendment omits the references to declining to be dealt with from the Bicentennial Park Trust Act 1987 as unnecessary and makes the penalty notice provision consistent with various other Acts. The effect is that, in the case of a person who is alleged to have committed an offence for which a penalty notice may be issued, failure to pay the amount specified in the penalty notice may result in the service of a courtesy letter under the Justices Act scheme. The person may decline to be dealt with under that scheme and, if so, may then be dealt with by a court. If the Justices Act scheme is not invoked, the same result may ensue on non-payment of the penalty notice without the necessity for any express provision to this effect.

BREAD ACT 1969 No. 54

AMENDMENTS

Sections 12 (Bread manufacturers' licences), 13 (Operative bakers' certificates):

From sections 12 (3) and 13 (3), omit “in or to the effect of the prescribed form'' wherever occurring, insert instead “in a form approved by the Minister”.

COMMENCEMENT

The amendments to the Bread Act 1969 commence on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendments enable the forms of applications for bread manufacturers' licences and operative bakers' certificates to be approved by the Minister instead of being prescribed by the regulations.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

BUSH FIRES ACT 1949 No. 31

AM ENDM ENTS

(1) Section 6 (Definitions):

Insert in alphabetical order:

“Approved form” means a form approved for the time being by the Minister.

(2) Section 7 (Bush fire danger period):

From section 7 (6 ) (b), omit “prescribed form”, insert instead

“approved form”.

(3) Section 34 (Determination of contributions of insurance companies): From section 34 (2), omit “prescribed form” wherever occurring, insert instead “approved form”.

COMMENCEMENT

The amendments to the Bush Fires Act 1949 commence on a day to be appointed by proclamation.

EXPLANATORY NOTE

The proposed amendments remove from the Bush Fires Act 1949 the requirement that certain forms be prescribed by the regulations and provide instead for those forms to be approved by the Minister.

CATCHMENT MANAGEMENT ACT 1989 No. 235

AMENDMENTS

(1) Section 9 (Membership of Co-ordinating Committee):

(a) From section 9 (l), omit “16 members”, insert instead “17 members”.

(b) From section 9 (1) (n), omit “and”.

(c) At the end of section 9 (1) (o ) , insert:

; and

(p) a person nominated by the Minister administering the Fisheries and Oyster Farms Act 1935.

(2) Section 14 (Membership of Catchment Management Committees): At the end of section 14 (2) (d), insert:

; and

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

(e) in the case of a catchment area that is part of a water catchment system extending into another State o r a Territory—persons who are officers of government departments or authorities of the relevant State o r Territory having responsibility for natural resource use or management in that part of the water catchment system within the other State or Territory.

COMMENCEMENT

The amendments to the Catchment Management Act 1989 commence on the date of assent to this Act.

EXPLANATORY NOTE

State Catchment Management Co-ordinating Committee (item (1))

The proposed amendments to section 9 enable the Minister administering the Fisheries and Oyster Farms Act 1935 (currently the Minister for Natural Resources) to nominate a person for membership of the State Catchment Management Co-ordinating Committee.

Catchment Management Committees (item (2))

The proposed amendment to section 14 enables the responsible Minister (currently the Minister for Conservation and Land Management) to appoint officers from appropriate government departments or authorities of other States and Territories as members of a Catchment Management Committee established in respect of a catchment area that is part of a water catchment system extending beyond New South Wales into the particular State or Territory.

CATTLE COMPENSATION ACT 1951 No. 26

AMENDMENTS

( l )

Section 3 (Definitions):

(a) Insert in alphabetical order:

“Approved form” means a form approved for the time being by the Chief, Division of Animal Industries.

(b)	Omit the definition of “Cattle Compensation Taxation Act, 1956”
(c)	Omit the definition of “Chief of the Division of Animal Health”, insert instead:

“Chief, Division of Animal Industries” means the Chief,

Division of Animal Industries in	the Department of
Agriculture.

(d) Omit the definition of “Market value”, insert instead:

“Market value”:

(a) in relation to cattle, means the value of the cattle calculated on the basis of a sale with delivery at the place where the cattle are situated when the cattle are ordered to be destroyed or when the cattle die or are

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

injured, and on the basis that the cattle were free from

injury and disease and were not unfit for human

consumption; or

(b) in relation to a carcass, means the value of the animal from which the carcass came immediately before being slaughtered, calculated on the basis of a sale with delivery at the place where the animal was slaughtered and on the basis that the animal was free from injury and disease and was not unfit for human consumption.

(2 ) Section 5 (Compensation payable to certain owners):

From section 5 (1) (b), omit “or portion of a carcass”.

(3) Section 6:

Omit the section, insert instead:

Amount of compensation

6 . The amount of compensation payable in respect of cattle or a carcass to which section 5 applies is the market value of the cattle or carcass.

(4) Section 7 (Determination of value of cattle or carcass destroyed):

(a)	From section 7 ( l ) , omit “cattle, or of any carcass or portion of a carcass, shall be as determined by agreement between the owner of the cattle, carcass or portion”, insert instead “cattle or carcass is to be determined by agreement between the owner of the cattle or carcass”.
(b)	From section 7 (1) (b), omit “or portion of a carcass” and “or portion”.

(c) From section 7 (3), omit “or portion of a carcass”.

(d)	From section 7 (3), omit “, carcass or portion, as the case may be, shall be”, insert instead “or carcass is to be”.
(e)	From section 7 (3), omit “,carcass or portion” where secondly occurring, insert instead “or carcass”.

(f) From section 7 (5), omit “prescribed for the purposes of this subsection”, insert instead “determined by the Minister by order published in the Gazette”.

(5) Section 8 (Application for compensation):

(a) Omit section 8 (1)-(3), insert instead:

(1) Compensation is payable under this Act only if the owner of the cattle or carcass makes an application for compensation in an approved form within 60 days after the death or destruction of the cattle or the condemnation of the carcass. Any such application must be verified by statutory declaration as set out in the approved form.

(2) The Minister may however authorise payment of compensation

in respect of an application made after that period if the Minister is

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

satisfied that there is a reasonable excuse for the delay in making the

application.

(3) The owner is to forward with the application a certificate in

the approved form completed by:

(a)	the person with whom the owner is required to reach an agreement in respect of the market value, of the cattle or carcass under section 7 (1); or
(b)	a person appointed by the Minister for the purposes of this subsection.

(b) From section 8 (4) and (5), omit “Chief of the Division of Animal Health” wherever occurring, insert instead “Chief, Division of Animal Industries”.

(c) From section 8 (4) (c), omit “or any portion thereof”.

(d) Omit section 8 (4) (d) (ia).

(e) From section 8 (4) (d) (ii), omit “and the regulations”.

(f) From section 8 (4) (f), omit “or a portion of a carcass”.

(g) From section 8 (4) (f), omit “,carcass or portion, as the case may be”, insert instead “or carcass”.

(6) Section 11 (Persons trafficking in diseased cattle o r carcasses with a

view to compensation):

(a) From section 11 (a), omit “or any portion of the carcass thereof”.

(b) From section 11 (b), omit “or any portion thereof ” .

(7) Section 12 (Establishment of Fund):

(a) Omit section 12 (2) (a).

(b) From section 12 (2) (b), omit “or under the Stamp Duties Act, 1920, in connection with stamp duties imposed by the Cattle Compensation Taxation Act, 1956”.

(c) At the end of section 12 (3) (a), insert “and”.

(d) Omit section 12 (3) (b).

(e) From section 12 (3) (c), omit “or portion thereof”.

(8) Section 19 (Regulations):

Omit section 19 (1) (a) and (b).

COMMENCEMENT

The amendments to the Cattle Compensation Act 1951 commence on a day or days to be appointed by proclamation.

REPEAL OF REGULATIONS

The Cattle Compensation Regulations are repealed on the commencement of item (5)

(a) of the amendments to the Cattle Compensation Act 1951.

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EXPLANATORY NOTE

The proposed amendments enable the repeal of the Cattle Compensation Regulations by incorporating into the Act certain provisions contained in those Regulations (in particular, the basis on which the market value of a carcass is to be calculated) and by amending the Act to provide for the form of applications for compensation and certificates verifying such applications to be approved by the Chief, Division of Animal Industries in the Department of Agriculture instead of such forms and certificates being prescribed by the Regulations. The amendments also provide that the market value of cattle is not to exceed the maximum amount determined by the Minister by order published in the Gazette rather than, as is currently the case, the maximum amount prescribed by the Regulations.

The amendments are similar to the amendments to the Swine Compensation Act 1928

contained in the Statute Law (Miscellaneous Provisions) Act 1991.

The amendments also:

(a) remove all references to a portion of a carcass as there no longer exists any circumstance where only a portion of a carcass is condemned; and

(b) remove references to the repealed Cattle Compensation Taxation Act 1956.

CENTENNIAL PARK AND MOORE PARK TRUST ACT 1983

No. 145

AMENDMENT

Section 20A:

After section 20, insert:

Use of Trust lands for events attracting large crowds

20A. (1) The Trust is under a duty not to authorise the use or enter into arrangements for the use of any Trust lands for the purpose of a concert or other event for which it is reasonably anticipated that more than 20, 000 persons at one time will resort to the land, unless the use of the land for that purpose is authorised by a regulation relating specifically to that concert or other event or to a class of concerts or other events that includes that concert or other event.

(2) Such a regulation is not effective unless written notice, in accordance with section 40 of the Interpretation Act 1987, of the making of the regulation has been laid before each House of Parliament and at least 5 sitting days have elapsed in each House since the date on which that notice was given in the House concerned.

(3) A regulation made in accordance with this section may impose or provide for the imposition of conditions on the use of the land for the purpose contemplated by the regulation.

COMMENCEMENT

The amendment to the Centennial Park and Moore Park Trust Act 1983 commences on the date of assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EXPLANATORY NOTE

As foreshadowed by the Minister for the Environment in Parliament on 4 March 1992, the proposed amendment prevents the use of Trust lands controlled by the Centennial Park and Moore Park Trust for concerts or other events that might reasonably be expected to draw crowds in excess of 20,000, except where authorised by a regulation specifically directed to the event concerned or to a class of events that includes the event concerned.

A regulation of the kind envisaged will have no effect unless notice of the making of it is given in each House of Parliament in sufficient time to allow 5 sitting days during which a proposal for its disallowance might be put.

CHILDREN (CARE AND PROTECTION) ACT 1987 No. 54

AMENDMENTS

(1) Section 3 (Definitions):

After “61F,” in section 3 (9) (a), insert “61I, 61J, 61K, 61L, 61M,

61N, 61O, 61P,”.

(2) Section 61A (Child to be informed of reasons for removal etc.): (a) After section 61A (l), insert:

(1A) Any such notice may be given verbally at the time the child is removed from the premises. However, if verbal notice is given, the officer or member of the police force must cause written notice to be given as soon as practicable after the child is removed.

(b) After section 61A (2), insert:

(2A) At the time the child is removed from the premises, the officer or member of the police force must, if the child is of or above the age of 10 years:

(a)	inform the child that he or she may choose to contact any person; and
(b)	ensure that the child is given a reasonable opportunity and appropriate assistance to contact any such person.

(3) Section 80 (Adjournments by authorised justices prior to hearings): After “Director-General” in section 80 (l), insert “ ,by the child (if the child is of or above the age of 10 years),”.

COMMENCEMENT

The amendments to the Children (Care and Protection) Act 1987 commence on the date of assent to this Act.

EXPLANATORY NOTE

Statute law revision (item (1))

The proposed amendment to section 3 updates references to sexual assault offences in the Crimes Act 1900.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

Removal of children from premises (item (2))

Section 61A presently requires notice of the reasons for removing a child from premises to be given to the child and to the person who has care of the child. The proposed amendments to that section provide that the notice can be given verbally at the time the child is removed but that it must be also given in writing. The child (if of or above the age of 10 years) is also to be given an opportunity to contact any person

of his or her choice.

Adjournment of proceedings (item (3))

The proposed amendment to section 80 enables an application for an adjournment of proceedings before they commence to be made by a child who is of or above the age of 10 years.

CHILDREN (DETENTION CENTRES) ACT 1987 No. 57

AMENDMENTS

(1) Section 8A:

After section 8, insert:

Official Visitors

8A. (1) The Minister may appoint a person to be an Official Visitor for a detention centre.

(2) A person is eligible for appointment if, in the opinion of the

Minister, the person is expert in some branch of juvenile justice and demonstrates concern for persons within the juvenile justice system. However, an officer is not eligible for appointment.

(3) An Official Visitor holds office for such period not exceeding

2 years as is specified in the instrument of appointment and is, if

otherwise qualified, eligible for re-appointment.

(4) An official Visitor may, as regards a detention centre for

which the official Visitor is appointed:

(a)	enter and inspect the detention centre at any reasonable time; and
(b)	confer privately with any person who is resident, employed or detained in the detention centre; and
(c)	furnish to the Minister advice or reports on any matters relating to the conduct of the detention centre; and
(d)	exercise such other functions as may be prescribed by the regulations.

(5) A copy of any advice or report furnished to the Minister under

subsection (4) (c) is to be forwarded to the Minister for School Education if the advice or report relates to any part of an educational establishment that is under the control or direction of the Minister for School Education.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

(2) Section 10 (Transfers from prisons to detention centres):

After section 10 (2), insert:

(3) The consent of the Minister is not required to an order under

subsection (1) if the Minister, in the same Ministry, also administers

the Prisons Act 1952.

(3) Section 28 (Transfer of classified persons to prison):

After section 28 (2), insert:

(3) The consent of the Minister administering the Prisons Act 1952 is not required to an order under subsection (1) if the Minister, in the same Ministry, also administers that Act.

COMMENCEMENT

The amendments to the Children (Detention Centres) Act 1987 commence on a day to be appointed by proclamation.

TRANSITIONAL

A Visitor appointed under the Community Welfare Act 1987 is not, by reason of that fact, an Official Visitor for the purposes of the Children (Detention Centres) Act 1987.

EXPLANATORY NOTE

Official Visitors Scheme (item (1)) centres declared under the Act on the lines of the Visitors Scheme operating in respect of facilities declared under the Community Welfare Act 1987. The detention centres that will initially be the subject of the new official Visitors Scheme were previously facilities covered by the Visitors Scheme under the Community Welfare Act 1987.

Transfer of persons between detention centres and prisons (items (2) and (3))

At present, the Children (Detention Centres) Act 1987 and the Prisons Act 1952 are both administered by the Minister for Justice. The proposed amendment to section 1 0 (item (2)) removes the necessity for the Minister administering the Prisons Act 1952 to obtain the consent of the Minister administering the Children (Detention Centres) Act 1987 to the transfer of a prisoner under the age of 21 years from a prison to a detention centre if the latter Minister, in the same Ministry, also administers the Prisons Act 1952.

Similarly, the proposed amendment to section 28 (item (3)) removes the necessity for the Minister administering the Children (Detention Centres) Act 1987 to obtain the consent of the Minister administering the Prisons Act 1952 to the transfer of a person from a detention centre to a prison if the latter Minister, in the same Ministry, also administers the Children (Detention Centres) Act 1987.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

CHIROPRACTORS AND OSTEOPATHS ACT 1991 No. 7

AMENDMENTS

(1) Section 39 (Determinations of Committees):

After section 39 (9), insert:

(10) A fine imposed under this section:

(a)	is to be paid to the Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct; and
(b)	may be recovered as a debt due to the Crown in a court of competent jurisdiction.

(2) Section 49 (Determinations of the Tribunal):

After section 49 (10), insert:

(11) A fine imposed under this section:

(a)	is to be paid to the Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct; and
(b)	may be recovered as a debt due to the Crown in a court of competent jurisdiction.

(3) Section 64 (Liability of members etc.):

At the end of section 64 (c), insert:

; or

(d) the Tribunal or a member of the Tribunal,

COMMENCEMENT

The amendments to the Chiropractors and Osteopaths Act 1991 commence on the date of assent to this Act.

EXPLANATORY NOTE

Fines (items (1) and (2)) Professional Standards Committee or the Chiropractors and Osteopaths Tribunal following an inquiry or proceedings in respect of a complaint under the Act are paid to the Consolidated Fund. This makes the relevant provisions of the Act consistent with similar provisions in various other Acts relating to health professional boards.

Liability of members (item (3))

Section 64 provides that a member of the Chiropractors and Osteopaths Registration Board or Professional Standards Committee or the Registrar or a officer of the Board does not incur personal liability for things done in good faith in exercising the member's or officer's functions under the Act. The proposed amendment to that section confers protection against such liability on the members of the Chiropractors and Osteopaths Tribunal which is the only disciplinary or regulatory body constituted under the Act whose members are not so protected.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

COMMONS MANAGEMENT ACT 1989 No. 13

AMENDMENTS

Schedule 2 (Provisions relating to the members of a trust board):

(a) At the end of clause 3 (1) (h), insert:

; or

(i)  ceases to have the qualifications prescribed by the regulations for enrolment as a commoner.

(b) After clause 6 (3), insert:

(3A) However, a commoner whose name appears on the trust's commoners' roll is not required to pay any such fee to inspect that book.

COMMENCEMENT

The amendments to the Commons Management Act 1989 commence on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendments provide that the office of a member of a trust board for a common becomes vacant if the member ceases to have the prescribed qualifications for enrolment as a commoner (e.g. if the member no longer lives in the area in which the common is located). The amendments also make it clear that a commoner is not required to pay any fee to inspect the book kept by a trust for the purposes of recording particulars of disclosure of the pecuniary interests of members of the trust board.

CO-OPERATION ACT 1923 (1924 No. 1)

AMENDMENTS

(1)

Section 17AC (Guarantee where loan made to co-operative housing

society):

(a) At the end of section 17AC (1) (b), insert “or”.

(b) Omit section 17AC (1) (c).

(c) From section 17AC (3), omit “ , Government Insurance Office”.

(2) Section 43B (Amalgamation with societies or associations from other States or Territories), as inserted by the Co-operation (Amendment) Act 1989:

(a)

In section 43B (1) (b), after “society registered under this Act”, or Territory ”.

(b) From section 43B (2), omit “the societies may apply to be registered as an amalgamated society”, insert instead “the societies may apply to be amalgamated”.

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(c)	In section 43B (4) (c), before “the proposed rules”, insert “(in the case of an amalgamation that is to result in a society registered under this Act)”.
(d)	From section 43B (4), omit “the registrar is required to register the society”, insert instead “the registrar is required to grant the application and (in the case of an amalgamation that is to result in a society registered under this Act) is required to register the society”.
(e)	From section 43B (5), omit “following the issue of the certificate of incorporation”, insert instead “following the amalgamation”.
(f)	From section 43B (6), omit “the day on which the certificate of incorporation is issued”, insert instead “the day the amalgamation takes effect”.

(g) From section 43B (6 ) (e), omit “under this Act”.

COMMENCEMENT

The amendments to the Co-operation Act 1923 commence on a day or days to be appointed by proclamation.

EXPLANATORY NOTE

At present, section 17AC (1) provides that the Treasurer may, on the recommendation

of the Co-operative Housing Societies Advisory Committee, execute a guarantee in

favour of, among others, the Government Insurance Office of New South Wales for

repayment of any advance made or to be made to a co-operative society by that

Office. Item (1) (b) and (c) of the proposed amendments omit the reference to the

Government Insurance Office of New South Wales as a consequence of the

privatisation of that statutory authority in accordance with the Government Insurance

Office (Privatisation) Act 1991. Item (1) (a) is a consequential amendment. As the

Treasurer has power under section 17AC (1) to approve the execution of a guarantee

in favour of any person, the power to execute a guarantee in favour of GIO Australia

Holdings Limited or a subsidiary of that company in appropriate circumstances is

retained.

Amalgamation of societies (item (2))

Government guarantee (item (1)) Co-operation (Amendment) Act 1989 which has not yet commenced. When commenced, the provision will enable societies registered under the Act to amalgamate with similar bodies operating under the law of another jurisdiction but only if the amalgamation will result in a society registered under the Act. Item (2) of the proposed amendments willauthorise amalgamations that result either in a society registered under the Act or in a foreign society registered under the law of the other jurisdiction.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

CRIMES ACT 1900 No. 40

AMENDMENTS

(1) Section 358B (Disposal of seized firearms etc.):

(a) In section 358B ( l ) , after “section 357,”, insert “357H or 3571,”.

(b) In section 358B (3), after “section 357 (4),”, insert “357H (1) (a1) or 357I,”.

(2) Section 578A (Prohibition of publication identifying victims of

certain sexual offences):

Omit section 578A (4) (c), insert instead:

(c ) a publication authorised by the court concerned under section 11 of the Children (Criminal Proceedings) Act 1987 in respect of a complainant who is under the age of 16 years at the time of publication;

COMMENCEMENT

The amendments to the Crimes Act 1900 commence on the date of assent to this Act.

EXPLANATORY NOTE

Disposal of firearms (item (1)) with a similar provision (section 11) of the Children (Criminal Proceedings) Act 1987 in consequence of the amendment of the latter provision by the Children (Criminal Proceedings) Amendment Act 1989.

The Firearms Legislation (Amendment) Act 1992 amended the Crimes Act 1900 to

confer 2 additional powers to search for and to seize firearms (under sections 357H

and 357I). The Crimes Act 1900 has 2 provisions relating to the recovery or disposal

of property which is in the custody of the police. Section 358A is a provision of

general application. Section 358B is a provision which applies to dangerous articles

(mainly firearms and spear guns). The proposed amendments to section 358B are to

make it clear that the disposal of firearms seized under section 357H or section 357I

(as amended by the Firearms Legislation (Amendment) Act 1992) is to be governed

by section 358B rather than by section 358A.

Statute law revision (item (2))

CROWN LANDS ACT 1989 No. 6

AMENDMENTS

(1) Section 56 (Creation of easements for public access):

After section 56 (3) (a), insert:

(a1) over land dedicated under this Act for a public purpose—by

the Minister;

(a2) over Crown land authorised to be sold or transferred by the Minister under any other Act—by the Minister at any time before the sale or transfer;

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

Section 92 (Reserve trusts):

(a)	From section 92 (l) , omit “a specified reserve or part of a reserve”, insert instead “any one or more specified reserves or any one or more parts of a reserve”.
(b)	From section 92 (5), omit “the reserve (or part of the reserve)”, insert instead “any reserve (or any part of a reserve)”.

(c) At the end of the section, insert:

(7) If a reserve trust is appointed as trustee of more than one reserve (or more than one part of a reserve), a reference in this Part to the reserve (or part of the reserve) in relation to the reserve trust includes a reference to any one or more of the reserves (or any one or more of the parts of the reserve) of which the reserve trust has been appointed as trustee.

Section 112 (Preparation of plan of management):

After “may” in section 112 (2), insert “with the Minister's consent”.

Section 113 (Referral of draft plans):

After “28 days” in section 113 (1) (c), insert “or shall direct the reserve trust to place a copy of it on public display for not less than 28 days”.

Section 135 (Acquisition of land for public purpose):

After “land” in section 135 ( l ) , insert “(including an interest in land)”.

Section 172 (Land with boundaries to lakes, roads etc.):

From section 172 (5), omit “Land”, insert instead “Lands”. Schedule 2 (Powers and procedures of local land boards):

(a) From clause 2, omit “A”, insert instead “Subject to subclause (2), a”.

(b) At the end of the clause, insert:

(2) A Chairperson alone may constitute a quorum for the purpose

of deciding or otherwise dealing with any one or more of the

following matters:

• withdrawal of applications or appeals to a board

• termination of proceedings by agreement or consent of the

parties

• non-contested proceedings.

COMMENCEMENT

The amendments to the Crown Lands Act 1989 commence on the date of assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EXPLANATORY NOTE

Easements for public access (item (1))

Section 56 currently enables the Minister to create an easement for public access over Crown land proposed to be sold under the Act. The proposed amendment to section 56 enables the Minister to create such easements over land dedicated for a public purpose under the Act and over Crown land authorised to be sold or transferred by the Minister under other Acts (e.g. the Crown and Other Roads Act 1990).

Reserve trusts (item (2))

The proposed amendments to section 92 enable a reserve trust to be appointed for one or more specified reserves (or parts of a reserve). At present, the Act requires a separate reserve trust to be appointed for each reserve or part of a reserve. However, in some cases involving minor or infrequently used reserves, it is appropriate that such reserves are collectively managed by a single reserve trust.

Miscellaneous (items (3), (4) and (7))

The proposed amendment to section 112 makes the entitlement of a reserve trust to prepare a plan of management for the reserve conditional on the giving of the Minister's consent (item (3)).

The proposed amendment to section 113 enables the Minister to direct a reserve trust to place a copy of the relevant draft plan of management on public display (item (4)). The proposed amendments to Schedule 2 provide that the Chairperson of a local land board alone may constitute a quorum (the Act normally requires a Chairperson and one other member) for the purposes of dealing with such matters as the termination of non-contested proceedings or the withdrawal of appeals to the board. The Chairperson had similar powers under section 15 of the Crown Lands Consolidation Act 1913 (which was replaced by the Crown Lands Act 1989) and the Chairperson of Local Land Boards currently has a similar power under section 9 (5) (b) of the Western Lands Act 1901 (item (7)).

Statute law revision (items (5) and (6))

The proposed amendment to section 135 is consequential on the Land Acquisition

(Just Terms Compensation) Act 1991 and merely removes any doubt that the

acquisition of land by the Minister in accordance with that Act includes the

acquisition of an interest (e.g. a leasehold interest) in land (item (5)).

The proposed amendment to section 172 corrects a reference to the Crown Lands

(Continued Tenures) Act 1989 (item (6)).

CROWN LANDS (CONTINUED TENURES) ACT 1989 No. 7

AMENDMENTS

Schedule 3 (Transfer restrictions), Part 1 (General restrictions):

(a) After “the land” in clause 8 (2), insert “is of a prescribed class or if the land”.

(b) At the end of clause 8 (2) (b), insert “or”.

(c) From clause 8 (2) (c), omit “1973; or”, insert instead ‘‘1973.”.

(d) Omit clause 8 (2) (d).

(e) After “clause 9” in clause 8 (3), insert “or other prescribed notice of valuation”.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

COMMENCEMENT

The amendments to the Crown Lands (Continued Tenures) Act 1989 commence on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendments modify the requirements relating to the issuing of a certificate by the Minister allowing the holder of land containing a notification on title to transfer or otherwise deal with the land without the Minister's consent. In particular, if the regulations so prescribe, the proposed amendment to clause 8 (3) enables the Minister to accept existing valuations of land when issuing a certificate rather than the holder being required to obtain a further valuation under the existing procedures.

DISTRICT COURT ACT 1973 No. 9

AMENDMENT

Section 135:

After section 134B, insert:

Jurisdiction in proceedings under the Fair Trading Act 1987

135. The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in any proceedings in which relief is sought under the Fair Trading Act 1987 and where the amount of the claim concerned does not exceed the amount for the time being specified in section 44 (1) (a).

COMMENCEMENT

The amendment to the District Court Act 1973 commences on a day to be appointed by proclamation.

TRANSITIONAL

The amendment to the District Court Act 1973 does not apply to proceedings commenced before the commencement of the amendment.

EXPLANATORY NOTE

The proposed amendment confers on the District Court (which currently has jurisdiction to hear matters under the Trade Practices Act 1974 of the Commonwealth) the same jurisdiction as the Supreme Court has in relation to proceedings under the Fair Trading Act 1987 (provided that the amount of the claim does not exceed the jurisdictional limit of the District Court).

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EDUCATION (ANCILLARY STAFF) ACT 1987 No. 240

AMENDMENTS

(1) Section 22 (Conditions of employment of ancillary staff):

(a) From section 22 (l), omit “Public Service Board”, insert instead “Director-General”.

(b) Omit section 22 (5).

(2) Section 23 (Determination of remuneration of ancillary staff):

From section 23 ( l ) , omit “Public Service Board”, insert instead

“Director-General”.

(3) Section 24 (Public Service Board to be employer for certain

purposes):

(a) From section 24 (1) and (2), omit “Public Service Board'' wherever occurring, insert instead “Director-General”.

(b) Omit section 24 (4).

(4) Section 39:

After section 38, insert: employer functions

39. (1) Any proceedings to which the Public Employment Industrial Relations Authority is a party immediately before the commencement of the amendments to this Act made by the Statute Law (Miscellaneous Provisions) Act 1992 are not affected by those amendments.

(2 ) However, on the commencement of those amendments the

Director-General is taken to be a party to those proceedings instead of the Public Employment Industrial Relations Authority, except in the case of any particular proceedings in respect of which it is agreed between the Director-General and the Authority that the Authority is to continue to be a party to those proceedings.

(3) Any thing done by the Public Employment Industrial Relations

Authority under Part 5 before the commencement of those amendments is taken, after that commencement, to have been done by the Director-General.

(4) Any reference to the Public Employment Industrial Relations

Authority in any award, determination or agreement entered into or made under that Part is taken, after the commencement of those amendments, to be a reference to the Director-General.

COMMENCEMENT

The amendments to the Education (Ancillary Staff) Act 1987 commence on a day to be appointed by proclamation.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EXPLANATORY NOTE

Director-General as employer of ancillary staff (items (1) (a), (2), (3) (a) and (4)) The proposed amendments designate the Director-General of School Education (instead of the Public Employment Industrial Relations Authority—the successor of the Public Service Board) as the employer for industrial purposes of ancillary staff in the Department of School Education. As a consequence, the Director-General will be authorised to determine conditions of employment (including salary), to be a party to proceedings before industrial tribunals and to enter into industrial agreements.

Statute law revision (items (1) (b) and (3 (b)) dismissal of an employee as this matter is now covered by section 245 of the Industrial Relations Act 1991 (item (1) (b)) and omit a provision concerning the position of the Public Service Board as an employer and the exercise of its functions that is no longer necessary because of the amendments (item (3) (b)).

ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1989 No. 150

AMENDMENTS

Section 13 (Consent to institution of proceedings):

(a) Omit section 13 (2).

(b) Renumber section 13 (2A) (as inserted by item (1) of the amendments to the Environmental Offences and Penalties Act 1989 in Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No. 2) 1991) as section 13 (5A) and insert that subsection, as renumbered, after section 13 (5).

COMMENCEMENT

The amendments to the EnvironmentaI Offences and Penalties Act 1989 commence on the date of assent to this Act.

EXPLANATORY NOTE

Consent to institute proceedings—(item (a))

The proposed amendment omits the requirement that proceedings against the Crown,

a person acting on behalf of the Crown, or a public authority, for any offence against

the Act may be instituted only with the written consent of the Minister or a member

of the Board of the Environment Protection Authority who holds the Minister's

written authorisation for the purpose. The repeal of this requirement accords with the

terms of section 13 of the Protection of the Environment Administration Act 1991

which provides that the Environment Protection Authority is not subject to the control

and direction of the Minister in respect of any decision to institute or approve of the

institution of criminal or related proceedings.

Statute law revision—(item (b))

The proposed amendments remove a duplication in the numbering of subsections.

Statute LAW (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 No. 203

AMENDMENTS

(1) Section 4 (Definitions):

After section 4 (8), insert:

(8A) If an environmental planning instrument confers a power on

any person or body to make an order (whether or not the order must be in writing), the power includes a power to amend or repeal an order made in the exercise of the power.

(2) Section 104A (Validity of development consents):

From section 104A, omit “a council gives public notice in accordance with the regulations of a consent”, insert instead “public notice of the granting of a consent is given in accordance with the regulations by a consent authority”.

(3) Section 118 (Appointment of environmental planning administrator): After “an environmental planning instrument,” in section 118 ( l ) , insert “a direction under section 55,”.

COMMENCEMENT

The amendments to the Environmental Planning and Assessment Act 1979 commence on the date of assent to this Act.

TRANSITIONAL

Items (1) and (2) of the amendments to the Environmental Planning and Assessment Act 1979 apply to orders, and to consents by a consent authority, whether made or given before or after the date of assent to this Act.

EXPLANATORY NOTE

Amendment or repeal of orders under environmental planning instruments (item

(1))

Section 43 (2) of the Interpretation Act 1987 provides that, if an Act or statutory rule confers a power on any person or body to make an order, the power includes a power to amend or repeal the order. The proposed amendment to section 4 inserts a similar provision in the Environmental Planning and Assessment Act 1979 to make it clear that a power to make orders conferred on any person or other body by an environmental planning instrument also includes a power to amend or repeal the order concerned.

Notice of grant of development consent (item (2))

Under the Act, the person having the function of determining a development application (the consent authority) is not necessarily a council. The proposed amendment to section 104A provides that public notification of the granting of a consent to such an application may be given (in accordance with the regulations) by a consent authority or by a council, rather than by a council only.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

Appointment of environmental planning administrator (item (3))

The decision of the Court of Appeal in Balmain Association Inc. v The Planning Administrator for the Leichhardt Council & ors. (1991) 22 ALD 471 referred to the question whether a council's failure to comply with a direction given under section 55 of the Act (being a direction by the Minister to prepare a draft local environmental plan) constitutes grounds for the Minister to appoint an environmental planning administrator to administer functions conferred or imposed on the council under the Act. The Court indicated that such a failure would constitute such grounds but, in the event, it was not necessary for the Court to determine the question. The proposed amendment to section 11 8 makes it clear that failure to comply with a direction under section 55 of the Act to prepare a draft local environmental plan constitutes grounds for the Minister to appoint an administrator.

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 No. 14

AMENDMENTS

(1) Section 29A:

After section 29, insert:

Transfer of licences

29A. (1) A person may apply to the Authority for the transfer to the person of a licence.

(2) The application must be accompanied by:

(a) an instrument executed by the current holder of the licence signifying assent to the transfer; and

(b) the prescribed transfer fee.

(3) The Authority may cause notice of the application to be

published in the Gazette.

(4) A notice under subsection (3):

(a) is to contain the prescribed particulars of the application; and

(b) is to invite any person so disposed to make submissions as to how the application should be determined.

(5) The Authority may grant the application or may refuse to do

so.

(6 ) If it thinks fit the Authority may under section 32 ( l ) , at the

time of granting an application under this section, attach further conditions to the licence concerned or revoke or vary any conditions for the time being attached to it.

(7) The Authority may at any time before determining an

application under this section, by notice served on the applicant, request the applicant to furnish such further particulars (including plans and specifications where appropriate) as may be specifled in the notice.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

(8) A licence transferred to a person operates as a licence granted

to the person for the remainder of its term or renewed term.

(2) Section 33 (Interpretation):

(a) Omit section 33 (2), insert instead:

(2) In this Part, a reference to the taking of prescribed remedial action in respect of premises that are becoming or have become contaminated is a reference to:

(a)	ascertaining the nature and extent of the contamination of the premises;
(b)	preparing a remedial action plan for the premises and, if required, a long-term management plan;

(c ) removing the cause of the contamination from the premises;

(d) reducing the contamination of the premises;

(e) eliminating or reducing any danger arising from the contamination of the premises; and

(f) restoring the premises.

(b) After section 33 (3) (d), insert:

(e) refraining from disturbance or further disturbance of the premises below a specified depth.

(3) Section 35 (Directions for restoration of premises):

(a) After “the premises” in section 35 (5), insert “and in force for the time being”.

(b) After section 35 (5), insert:

(6 ) More than one notice under subsection (1) may be served on

the occupier of any premises, and the direction given by any such

notice may be revoked or varied by the direction given by a

subsequent notice or notices under that subsection. A direction may

be varied by modification of, or addition to, its terms and

specifications.

(4) Section 39 (Appeal with respect to licence):

After “renewal” wherever occurring in section 39 (1) (a) and (2) (a), insert “or transfer”.

(5) Schedule 1 (Provisions relating to the Committee):

From clause 2 (f), omit “Waste Recycling and Disposal Corporation”, insert instead “Waste Recycling and Processing Service”.

COMMENCEMENT

Items (1) and (4) of the amendments to the Environmentally Hazardous Chemicals

Act 1985 commence on a day to be appointed by proclamation.

Items (2), (3) and (5) of the amendments to the Environmentally Hazardous

Chemicals Act 1985 commence on the date of assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EXPLANATORY NOTE

Transfer of licences (items (1) and (4))

The proposed new section 29A enables the Environment Protection Authority to transfer a licence under the Act from one person to another. Provisions governing how an application for transfer is to be dealt with are substantially similar to the existing provisions for dealing with applications for new licences (item (1)).

The proposed amendment to section 39 is consequential. It enables an appeal against a refusal by the Authority to transfer a licence (item (4)).

Remedial action in relation to contaminated premises (items (2) and (3))

The proposed amendments to section 33 remove any doubt that the Authority has power, under section 35, to order the undertaking of certain matters by way of remedial action in relation to contaminated premises (item (2)).

The proposed amendments to section 35 make it clear that the Authority may give more than one direction for restoration of premises to the occupier of contaminated premises and that it may revoke or vary such directions (item (3)).

Statute law revision (item (5))

The proposed amendment to Schedule 1 corrects a reference to the Waste Recycling and Processing Service (item (5)).

EXHIBITED ANIMALS PROTECTION ACT 1986 No. 123

AMENDMENTS

(1) Section 40 (Powers of inspectors):

After “Act” in section 40 (1) (h), insert	and any eggs of such
animals,”.

(2) Section 53 (Regulations):

After section 53 (4), insert:

(5) A provision of a regulation which relates to the acquisition,

disposal or removal of animals may extend the meaning of the word “animal” when used in any such regulation to include the eggs, sperm, embryos and other reproductive material of animals.

COMMENCEMENT

The amendments to the Exhibited Animals Protection Act 1986 commence on the date of assent to this Act.

EXPLANATORY NOTE

Removal of eggs of animal seized (item (1))

The Act currently authorises an inspector to seize and remove any animal in respect of which the inspector suspects an offence against the Act has been committed. The proposed amendment to section 40 enables an inspector to remove any eggs of the animal so seized

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

Extension of meaning of “animal” in regulations (item (2)) meaning of “animal” in provisions relating to the acquisition, disposal or removal of animals so as to include the eggs and other reproductive material of animals.

FACTORIES, SHOPS AND INDUSTRIES ACT 1962 No. 43

AMENDMENTS

(1) Section 78B (Small shops):

From section 78B (l0 ), omit the definition of “business”, insert instead:

“business” means:

(a) the business of the sale of goods by retail; or

(b) the business of a hairdresser;

(2) Section 108 (Hairdressers to be licensed):

From section 108 (2), omit “in or to the effect of the prescribed form”, insert instead “in a form approved by the Minister”.

COM M ENCEMENT

The amendments to the Factories, Shops and Industries Act 1962 commence on the date of assent to this Act.

EX P LANATORY NOTE

Business of hairdresser may be small shop (item (1))

The proposed amendment to section 78B makes it clear that a shop in which the

business of a hairdresser is carried on may be a small shop for the purposes of the

Act.

Approved form (item (2))

The proposed amendment to section 108 enables the form of application for a hairdresser's licence to be approved by the Minister instead of being prescribed by the regulations.

FAIR TRADING ACT 1987 No. 68

AMENDMENT

Section 64 (Penalty notices for certain offences):

Omit section 64 (4) and (5).

COMMENCEMENT

The amendment to the Fair Trading Act 1987 commences on the date of assent to this

Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

SAVINGS

The amendment does not affect the validity of a courtesy letter served or enforcement action taken (whether before or after the date of assent to this Act) under Part 4B of the Justices Act 1902 as regards an offence referred to in section 64 (2) of the Fair Trading Act 1987.

EXPLANATORY NOTE

At present, section 64 (4) and (5) provide that a person served with a penalty notice may decline to be dealt with by penalty notice and that, if the person fails to pay the amount specified in the penalty notice, the person is taken to have so declined. The proposed amendment omits unnecessary matter and makes the penalty notice provision consistent with various other. Acts. The proposed amendment is similar to an amendment to the Bicentennial Park Trust Act 1987 set out elsewhere in this Schedule and the explanatory note to that amendment contains more information relevant to the above amendment.

FINES AND FORFEITED RECOGNIZANCES ACT 1954 No. 25

AMENDMENTS

(1) Section 4 (Forfeiture of certain recognizances):

From section 4 (3), omit “in or to the effect of the prescribed form”, insert instead “in a form approved by the Minister”.

(2) Section 6 (Enforcement of certain recognizances where amount has

been deposited):

Omit “Consolidated Revenue Fund” wherever occurring, insert instead “Consolidated Fund”.

(3) Section 18 (Amendment of Act No. 27, 1902):

Omit the section.

COMMENCEMENT

The amendments to the Fines and Forfeited Recognizances Act 1954 commence on a day to be appointed by proclamation.

EXPLANATORY NOTE

Omission of reference to prescribed form (item (1))

The proposed amendment to section 4 enables the form of notice to a person (to show cause why the recognizance binding the person should not be forfeited) to be in a form approved by the Minister instead of being prescribed by the regulations. This avoids the necessity of having a separate regulation prescribing the form of the notice and will enable the Fines and Forfeited Recognizances Regulations 1954 made under the Act to be repealed on 1 September 1992 by the Subordinate Legislation Act 1989.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

Statute law revision (items (2) and (3))

The proposed amendment to section 6 updates references to the Consolidated Fund

(item (2)) and the proposed amendment to section 18 omits an obsolete provision

(item (3)).

GOVERNMENT GUARANTEES ACT 1934 No. 57

AMENDMENTS

(1) Section 3 (Authority for Treasurer to guarantee certain overdraft

accounts etc.):

Omit section 3 (2A).

(2 ) Section 4 (Provisions relating to guarantees given under this Act): Omit “Government Insurance Office of New South Wales” wherever occurring.

COMMENCEMENT

The amendments to the Government Guarantees Act 1934 commence on a day to be appointed by proclamation.

EXPLANATORY NOTE

At present, section 3 (2A) provides that the Treasurer may execute a guarantee in favour of the Government Insurance Office of New South Wales for the repayment of advances made or to be made by that Office to certain building societies. Section 4 makes reference to the Government Insurance Office in provisions dealing with the form, content, enforceability and other incidents of guarantees given under the Act. The proposed amendments omit section 3 (2A) (item (1)) and the references to the Government Insurance office of New South Wales in section 4 (item (2)) as a consequence of the privatisation of that statutory authority in accordance with the Government Insurance Office (Privatisation) Act 1991.

HOME CARE SERVICE ACT 1988 No. 6

AMENDMENTS

(1) Section 3 (Definitions):

(a) From the definition of “Department” in section 3 ( l ) , omit “Family and”.

(b) After section 3 (2), insert:

(3) In this Act, a reference to home care services includes a

reference to such personal care services as may be provided by the Service in accordance with guidelines prepared by the Director-General from time to time.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

(2) Section 10 (Delegation by Service):

From section 10, omit “of Family and Community Services”.

COMMENCEMENT

The amendments to the Home Care Service Act 1988 commence on a day to be appointed by proclamation.

TRANSITIONAL

Item (1) (b) of the amendments to the Home Care Service Act 1988 applies to home care services provided by the Home Care Service whether before or after the commencement of the amendments.

EXPLANATORY NOTE

Personal care services (item (1) (b))

The Home Care Service provides home care services to persons who are ill, disabled or otherwise incapacitated or who are affected by personal or family problems and who, as a result, are incapable of carrying out work of a domestic or home maintenance nature without assistance or are otherwise in need of assistance to manage their homes.

Proposed section 3 (3) makes it clear that these home care services can include

personal care services (such as assisting persons with their bathing and other matters

relating to personal hygiene) that are provided in accordance with guidelines prepared

by the Director-General of the Department of Community Services.

Statute law revision (items (1) (a) and (2))

The proposed amendments update references to the Department of Community

Services.

INDUSTRIAL RELATIONS ACT 1991 No. 34

AMENDMENTS

(1) Section 163 (Small claims in Local Courts):

From section 163 (2), omit “ ,in a form approved by the Industrial

Registrar,”.

(2) Section 200:

Omit the section, insert instead:

Part to apply to public sector industrial agreements

200. This Part applies to an agreement under section 64 of the Public Sector Management Act 1988 or any similar kind of agreement relating to Crown employees in the same way as it applies to an award or agreement.

(3)

Section 250 (Orders for reinstatement, re-employment or lost wages):

From section 250 (3), omit “an amount of compensation not

exceeding 6 months' remuneration of the applicant at the average

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

rate received over the period of 6 months immediately before being dismissed.”, insert instead “an amount of compensation not exceeding the amount of remuneration of the applicant during the period of 6 months immediately before being dismissed. If the applicant was on leave without full pay during any part of that period, the maximum amount of compensation is to be determined as if the applicant had received full pay while on leave.”.

(4) Section 333 (Deputy members):

Omit section 333 ( l ) , insert instead:

(1) Such number of deputies as the Industrial Registrar determines

are to be appointed for each member of a Conciliation Committee, and such number of deputies as the Industrial Registrar determines may be appointed for a member of a Contract Regulation Committee, in the same way as the member.

(5) Section 437 (Alteration of rules of organisation):

From section 437 (3), omit “organisation” where firstly and thirdly occurring, insert instead “industrial organisation of employees”.

(6 ) Section 583 (Grounds on which registration may be suspended or

cancelled):

From section 583 (a) and (b), omit “a former industrial” and

“former industrial” wherever occurring.

(7) Section 598 (Chapter to apply to public sector industrial

agreements):

Omit “a former industrial”, insert instead “an”.

(8) Section 625 (Grounds on which recognition may be suspended or

cancelled):

From section 625 (1) (a) and (b), omit “a former industrial” and

“former industrial” wherever occurring.

COMMENCEMENT

The amendments to the Industrial Relations Act 1991 commence on the date of dissent to this Act.

EXPLANATORY NOTE

Omission of reference to approved form (item (1))

The proposed amendment removes the necessity for the Industrial Registrar to approve a form of request that may be made in certain small claims matters that are being dealt with by a Local Court.

Disputes and industrial action concerning settled rights under awards and agreements (item (2))

At present, section 200 provides that, for the purposes of Part 1 of Chapter 3 (which deals with disputes and industrial action concerning settled rights under awards and agreements), ‘‘agreement'' includes an agreement under section 64 of the Public

Statute Law (Miscellaneous Provisions) Act 1992 No. 3—Sch. 1

Sector Management Act 1988 or any similar kind of agreement relating to Crown employees. The definition does not extend to Division 1 of the Part so as to require the inclusion of grievance and dispute resolution procedures in those public sector agreements. The proposed amendment makes it clear that the Part applies to such an agreement in the same way as all the provisions (including Division 1) apply to awards and other agreements.

Orders for lost wages (item (3))

At present, section 250 (3) provides that if an employee has been dismissed and the Industrial Relations Commission considers an order for reinstatement or re-employment to be impracticable, the Commission may order the employer to pay the employee compensation not exceeding 6 months' remuneration of the employee at the average rate received over the period of 6 months immediately before being dismissed. The proposed amendment makes it clear that the maximum amount of compensation is not affected by periods of unpaid leave prior to dismissal.

Deputy members (item (4))

At present, section 333 (1) provides that a deputy is to be appointed for each member of a Conciliation Committee and may be appointed for a member of a Contract Regulation Committee. In practice, several deputies may be appointed for the one member to enable the practical functioning of Committees throughout the State. The proposed amendment will enable more than one deputy to be appointed for a Committee member.

Alteration of rules of organisations (item (5))

At present, section 437 provides that the Industrial Registrar must not consent to an alteration of the rules of an organisation (whether of employees or employers) if, in relation to persons who would be eligible for membership because of the alteration, there is, in the Industrial Registrar's opinion, another organisation to which those persons might conveniently belong. Section 412 (1) (h) (the section dealing with criteria for registration as an organisation under the Act) applies the “conveniently belong” rule only to industrial organisations of employees, The proposed amendment brings the requirements of section 437 concerning membership consequent on an alteration of rules in line with section 412, concerning membership of an industrial organisation.

References to agreements (items (6)-(8))

“Agreement” is defined in section 4 (1) to mean an enterprise agreement or a former industrial agreement. “Former industrial agreement” is defmed by the same section to mean an industrial agreement under the Industrial Arbitration Act 1940 that is continued in force by Division 3 of Part 3 of Chapter 2 of the Industrial Relations Act 1991. At present, sections 583 (a) and (b) and 625 (1) (a) and (b) (dealing with grounds on which registration or recognition of organisations may be suspended or cancelled) refer to registration being suspended and cancelled, or cancelled, on breach of an order of the Industrial Court, an award or a former industrial agreement. Section 598 refers, for the purposes of Chapter 5 (Organisations of Employees and Employers), to a former industrial agreement including an agreement under section 64 of the Public Sector Management Act 1988 or any similar kind of agreement relating to Crown employees. In each case, reference to “former industrial agreement” precludes the application of the provisions to enterprise agreements. The proposed amendments replace references to former industrial agreements with references to agreements, thereby ensuring that enterprise agreements are covered by the provisions.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

IRRIGATION ACT 1912 No. 73

AMENDMENTS

(1) Section 1:

Omit the section, insert instead:

Short title

1. (1) This Act may be cited as the Irrigation Act 1912.

(2) This Act originally commenced on 1 January 1913.

(2) The whole Act (except section 20 (5), (6) and (8)):

Omit "Commission" wherever occurring, insert instead “Ministerial

Corporation”.

(3) Part 3:

From the heading to Part 3, omit "COMMISSION", insert instead

“MINISTERIAL CORPORATION”.

(4) Section 11A (Application of ss. 11B-11F):

Omit ‘‘ 11D,”.

(5) Section 11C (Conversion of leaseholds):

(a)	From section 11C (l), omit “on the form”, insert instead “in a form approved by the Ministerial Corporation”.
(b)	From section 11C (3) (f), omit “the prescribed form”, insert instead “a form approved by the Ministerial Corporation”.

(6) Section 11D (Power to apply for reappraisement of rentals):

Omit the section.

(7) Section 11E (Determination of purchase money):

(a)	From section 11E (l), omit “or the annual rental of an irrigated lot to be determined in pursuance of an application under the provisions of section 11D”.
(b)	From section 11E (2), omit “or annual rental”, or “the lessee”, “ , as the case may be” and “or lessee” wherever occurring.
(c)	From section 11E (7), omit “or annual rental”, “and the annual rental shall be one-twentieth thereof”, “or leases” and “or lease”.

(d) Omit section 11E (9).

(8) Section 11F (Irrigated lot):

Omit “sections 11C, 11D, and 11E”, insert instead “section 11C”.

COMMENCEMENT

The amendments to the Irrigation Act 1912 commence on the date of assent to this

Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

EXPLANATORY NOTE

Prescribed forms (item (5)) Commission with references to the Water Administration Ministerial Corporation as a consequence of the Water Administration Act 1986. Section 1 is substituted because it contains a provision setting out the manner in which the Act is divided and that provision includes a reference to the Commission. A table of provisions already sets out the division of the Act.

The proposed amendments to section 11C provide for the notification by a lessee to

the Water Administration Ministerial Corporation of the lessee's intention either to

purchase an irrigated lot or not to proceed with the purchase to be in a form approved

by the Corporation rather than as prescribed by the regulations.

Repeal of obsolete section (items (4), (6)-(8))

The proposed amendments repeal section 11D (which is obsolete) in that it provides

for the making of applications before 31 December 1932 to have the annual rental of

irrigated lots determined. The amendments to sections 11A, 11E and 11F are

consequential.

Statute law revision (items (1)-(3))

JUDGES' PENSIONS ACT 1953 No. 41

AMENDMENTS

(1) Long title:

After “widows”, insert “and widowers”.

(2) Section 2 (Definitions):

(a) After “his” wherever occurring in section 2 (2), insert “or her”. (b) After “he” wherever occurring in section 2 (2), insert “or she”.

(3) Section 3 (Pension for certain judges who retired, or retire, at age

70):

(a)	After “his” wherever occurring in section 3 (l), (2) and (3) (a) (ii) and (c), insert “or her”.
(b)	After “he” wherever occurring in section 3 (2) and (3) (a) (ii), (b) (ii) and (c) (ii) and (iii), insert “or she”.

(4) Section 4 (Pension to judge retiring voluntarily at or after age 60):

(a) After “his”, insert “or her”. (b) After “he”, insert “or she”.

(5) Section 5 (Pension for judge who retired, or retires, on account of

ill-health):

(a)	After “his” wherever occurring in section 5 (l), (2) (a) and (3), insert “or her”.
(b)	After “he” wherever occurring in section 5 (2) and (3), insert “or she”.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

(6) Section 6 (Pension for widow or widower of judge or retired judge):

(a)	From section 6 (l),omit “leaving as his widow his wife at the time of his retirement”, insert instead “leaving a widow or widower who was the judge's spouse at the time of the judge's retirement”.
(b)	From section 6 (l), omit “his widow” where secondly occurring, insert instead “the widow or widower”.
(c)	From section 6 (1) (a), (b), omit “her” wherever occurring, insert instead “the widow's or widower's”.
(d)	From section 6 (1) (b), omit “his”, insert instead “the judge's or retired judge's”.
(e)	After “widow” wherever occurring in section 6 (2), (4) and (5),
insert “ or widower ” .
(f)	After “his” wherever occurring in section 6 (2)-(5), insert “or her”.

(g) After “he” in section 6 (5), insert “or she”.

(7) From sections 7B (2) (b) and 7C (2) (b), omit “of a judge or retired judge (being, in the case of a retired judge, a widow who was his wife at the time of his retirement)” wherever occurring, insert instead “or widower of a judge or retired judge (being, in the case of a retired judge, a widow or widower who was the judge's spouse at the time of the judge's retirement)”.

(8) Section 8 (Prior judicial service):

(a) After “he” in section 8 (2), insert “or she”.

(b) After “his” wherever occurring in section 8 (2), insert “or her”.

COM M E NCEMENT

The amendments to the Judges' Pensions Act 1953 commence on the date of assent to this Act.

EXPLANATORY NOTE

At present, the Act makes provision for the payment of a pension to the widow of a deceased judge or deceased retired judge. The proposed amendment to the long title (item (1)) makes it clear that (as a consequence of the proposed amendments) the Act makes provision for pensions for the widows and widowers of deceased judges and deceased retired judges. The proposed amendments to section 6 (item (6)) extend the entitlement to a pension under the Act to the widower of a deceased judge or deceased retired judge and make provision as to the manner of calculation of the pension.

The proposed amendments to sections 2-5 and 7B, 7C and 8 (items (2)-(5) and (7) and (8)) recast the sections, in consequence of the amendments made to section 6, in gender neutral language.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

JUSTICES ACT 1902 No. 27

AMENDMENT

Section 87 (Warrant of commitment for non-payment):

Omit section 87 (6 ), insert instead:

(6) A warrant under this section in respect of a person who, at the time it is issued, is remanded to or imprisoned in prison (including any such person who is, at the time it is issued, of or above the age of 18 years):

(a) is to commit the person, or is taken to commit the person, to prison; and

(b) is to be in accordance with subsection (1).

COMMENCEMENT

The amendment to the Justices Act 1902 commences on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendment makes it clear that if a person between 18 and 21 years of age happens to be on remand or imprisoned in a prison at the time a warrant for non-payment of a fine is issued in respect of the person, the person may be committed to prison rather than to a detention centre.

LAND AND ENVIRONMENT COURT ACT 1979 No. 204

AMENDMENTS

(1) Section 19 (Class 3—land tenure, valuation, rating and compensation

matters):

From section 19 (d), omit “ ,except where the land value of the land or ratable property does not exceed $l0,000”.

(2) Section 20 (Class 4—environmental planning and protection civil

enforcement):

In section 20 (3) (a), insert in alphabetical order:

Protection of the Environment Administration Act 1991;

(3) Section 21 (Class 5—environmental planning and protection

summary enforcement):

(a) Omit section 21 (b) and (ba).

(b) From section 21 (ca), omit “or 10”, insert instead “,8A, 8C, 8D, 8E, 8F or 10”.

COMMENCEMENT

The amendments to the Land and Environment Court Act 1979 commence on the date of assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

TRANSITIONAL

Items (2) and (3) of the amendments to the Land and Environment Court Act 1979 do not apply to proceedings commenced before the date of assent to this Act.

EXPLANATORY NOTE

Appeals against rate determinations (item (1))

Section 19 (d) provides that the Land and Environment Court has jurisdiction to hear and dispose of appeals made under section 133 of the Local Government Act 1919 (i.e. appeals against rate determinations), provided the value of the land or ratable property exceeds $l0,000. If the value of the property is $l0,000 or less, an appeal lies to the Local Court pursuant to section 133 (3) of the Local Government Act 1919. There is currently an uncommenced provision in the Local Government (Miscellaneous Provisions) Amendment Act 1985 which provides for all appeals made under section 133 to lie to the Land and Environment Court, irrespective of the value of the property involved. That provision cannot be commenced until section 19

(d) of the Land and Environment Court Act 1979 is amended to remove reference to

the minimum jurisdictional Limit of $l0,000. The proposed amendment to section 19

(d) removes that reference.

“Planning or environmental” laws (item (2))

Section 20 provides that the Land and Environment Court has jurisdiction to hear and dispose of proceedings concerning laws that may be characterised as “planning or environmental” laws. The proposed amendment prescribes the Protection of the Environment Administration Act 1991 as such a law.

Summary enforcement of certain proceedings (item (3))

Section 21 provides that the Land and Environment Court has jurisdiction to hear and dispose of summary proceedings for specified offences. The proposed repeal of section 21 (b) and (ba) omits references to certain offences that have ceased to exist (item (3) (a)). The proposed amendment to section 21 (ca) specifies other offences under the Environmental Offences and Penalties Act 1989 (item (3) (b)).

LAY-BY SALES ACT 1943 NO. 36

AMENDMENTS

(1) Sections 3, 5:

From sections 3 (5) (b) (i) and 5 (1) (c), omit “in the prescribed form” wherever occurring.

(2) From section 3 (5) (b) (i), omit “the Government Insurance Office of New South Wales or some”, insert instead “an”.

COMMENCEMENT

Item (1) of the amendments to the Lay-by Sales Act 1943 commences on the date of appointed by proclamation.

assent to this Act.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

REPEAL OF REGULATIONS

The Regulations under the Lay-by Sales Act 1943 are repealed on the date of assent to this Act.

EXPLANATORY NOTE

Omission of references to prescribed forms (item (1))

The proposed amendments enable the repeal of the Regulations made under the Lay-by Sales Act 1943 by removing provisions which require the form of the fidelity bond under section 3 and the form of the summary of the rights of purchasers under the Act to be prescribed by regulation. The form of the fidelity bond is no longer of practical utility and the Retail Traders Association already provides retailers with the summary of purchasers' rights which vendors are required to provide at the time of sale.

Omission of reference to Government Insurance Office of New South Wales (item

(2)) Government Insurance Office of New South Wales or some other approved insurance company or person. The proposed amendment omits the reference to the Government Insurance Office as a consequence of the privatisation of that statutory authority in accordance with the Government Insurance Office (Privatisation) Act 1991. The current requirement is replaced with a requirement that the bond be obtained from an approved insurance company or person.

LEGAL PROFESSION ACT 1987 No. 109

AMENDMENTS

(1) Section 123 (Definitions):

Omit the definition of “judicial member”.

(2) Section 143 (Hearings):

After section 143 (4), insert:

(5) If one of the members (not being the presiding member)

constituting the Board for the purpose of conducting a hearing under

this Division vacates office for any reason referred to in clause 8 of

Schedule 5:

(a) before the Board has completed the hearing; or

(b) before the Board has made a determination in respect of the hearing,

the hearing may be continued, or a determination may be made, by the remaining members. If the remaining members are divided in opinion as to the determination to be made in respect of the hearing, the opinion of the presiding member is to prevail.

(6) However, if the presiding member or more than one other

member vacates office for any such reason before the Board has completed the hearing or made a determination in respect of the

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

hearing, the hearing is terminated. The Board may, for the purpose of conducting a new hearing into the complaint concerned, be reconstituted in accordance with this Division.

(3) Section 157 (Hearings):

After section 157 (3), insert:

(4) If one of the members (not being the presiding member)

constituting the Tribunal for the purpose of conducting a hearing under this Division vacates office for any reason referred to in clause 7 of Schedule 6 :

(a) before the Tribunal has completed the hearing; or

(b) before the Tribunal has made a determination in respect of the hearing,

the hearing may be continued, or a determination may be made, by the remaining members of the Tribunal. If the remaining members are divided in opinion as to the determination to be made in respect of the hearing, the opinion of the presiding member is to prevail.

(5) However, if the presiding member or more than one other

member vacates office for any such reason before the Tribunal has completed the hearing or made a determination in respect of the hearing, the hearing is terminated. The Tribunal may, for the purpose of conducting a new hearing into the complaint Concerned, be reconstituted in accordance with this Division.

(4) Section 172 (Protection from liability):

Omit section 172 (2).

(5) Schedule 4 (The Legal Profession Conduct Review Panel):

From clauses 3A (4), 4 (4) and 6 , omit “Attorney General” wherever occurring, insert instead “Law Society Council, in consultation with the Bar Council,”.

(6) Schedule 5 (The Legal Profession Standards Board):

From clauses 4 (4) and 6, omit “Attorney General” wherever occurring, insert instead “Law Society Council, in consultation with the Bar Council,”.

(7) Schedule 6 (The Legal Profession Disciplinary Tribunal):

From clauses 3 (5) and 5, omit “Attorney General” wherever occurring, insert instead “Law Society Council, in consultation with the Bar Council,”.

COMMENCEMENT

The amendments to the Legal Profession Act 1987 commence on a day or days to be appointed by proclamation.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 1

TRANSITIONAL

Items (2) and (3) of the amendments to the Legal Profession Act 1987 do not apply to hearings conducted by the Legal Profession Standards Board or the Legal Profession Disciplinary Tribunal that were commenced before the commencement of those items.

EXPLANATORY NOTE

Continuation of hearings when vacancies occur (items (2) and (3))

The proposed amendments to sections 143 and 157 provide that if a member (other than the presiding member) of the Legal Profession Standards Board or the Legal Profession Disciplinary Tribunal vacates office (e.g. dies, becomes bankrupt, resigns etc.) before a hearing is completed or a determination has been made, the hearing may be continued or a determination may be made by the remaining members.

Remuneration of members of disciplinary bodies (items (5)-(7))

The proposed amendments to Schedules 4, 5 and 6 provide that the remuneration of members of the Legal Profession Conduct Review Panel, the Legal Profession Standards Board and the Legal Profession Disciplinary Tribunal is to be determined by the Law Society Council (in consultation with the Bar Council) instead of the Attorney General. Under section 168, all costs (which includes the remuneration of members) incurred by the Panel, the Board and the Tribunal are paid from the Statutory Interest Account maintained by the Law Society under section 67 of the Act.

Statute law revision (items (1) and (4))

The proposed amendments to sections 123 and 172 are consequential on the Legal Profession (Amendment) Act 1989 which removed the requirement for the membership of the Tribunal to include Judges of the Supreme Court.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 No. 11

AMENDMENTS

(1) Section 4 (Definitions):

Insert in section 4 (1) in alphabetical order:

“Rule Committee” means the Local Courts (Civil Claims) Rule Committee established under section 10A;

(2) Part 2, Division 3A:

After section 10, insert:

Division 3A—Rule Committee

Establishment of Rule Committee

IOA. There is to be a Local Courts (Civil Claims) Rule

committee.

Composition of Rule Committee

IOB. (1) The Rule Committee is to be composed of no fewer than

6 and no more than 11 members.

(2) The members of the Rule Committee are to be as follows:

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 2

TRANSPORT APPEAL BOARDS ACT 1980 No. 104

AMENDMENT

Long title:

Omit “, the Urban Transit Authority and the Department of Motor

Transport”, insert instead “and the State Transit Authority”.

COMMENCEMENT

The amendment to the Transport Appeal Boards Act 1980 commences on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendment updates references to bodies that have been replaced or abolished.

TRUSTEE COMPANIES ACT 1964 No. 6

AMENDMENTS

(1) Second Schedule:

Omit “WINCHCOMBE CARSON TRUSTEE COMPANY LIMITED”, insert instead “IOOF AUSTRALLA TRUSTEES (N.S.W.) LIMITED”.

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

Omit “Winchcombe Carson Trustee Company Limited”, insert instead “IOOF Australia Trustees (N.S.W.) Limited”.

COMMENCEMENT

The amendments to the Trustee Companies Act 1964 commence on the date of assent to this Act.

EXPLANATORY NOTE

The proposed amendments are consequential on the change of the name of Winchcombe Carson Trustee Company Lirnited to IOOF Australia Trustees (N.S.W.) Limited.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 2

WASTE DISPOSAL ACT 1970 No. 97

AMENDMENT

Section 43:

Omit the section, insert instead:

Acquisition of land

43. (1) The Service may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Service is, in relation to that authorised work, taken to be the Constructing Authority.

(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do

not apply in relation to works constructed under this Act.

COMMENCEMENT

The amendment to the Waste Disposal Act 1970 commences on the date of assent to this Act.

TRANSITIONAL

The amendment to the Waste Disposal Act 1970 does not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.

EXPLANATORY NOTE

The proposed amendment is consequential on the Land Acquisition (Just Terms Compensation) Act 1991 and merely replaces superseded references to the Public Works Act 1912 in relation to the compulsory acquisition of land by the Waste Recycling and Processing Service.

WATER ADMINISTRATION ACT 1986 No. 195

AMENDMENT

Section 18:

Omit the section, insert instead:

Acquisition of land and carrying out of works

18. (1) The Ministerial Corporation may, for the purposes of exercising its functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 2

(2) For the purposes of the Public Works. Act 1912, any such acquisition of land is taken to be for an authorised work and the Ministerial Corporation is, in relation to that authorised work, taken to be the Constructing Authority.

(3) Part 3 of the Public Works Act 1912 does not apply in respect

of works constructed under this Act.

COMMENCEMENT

The amendment to the Water Administration Act 1986 commences on the date of assent to this Act.

TRANSITIONAL

The amendment to the Water Administration Act 1986 does not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.

EXPLANATORY NOTE

The proposed amendment is consequential on the Land Acquisition (Just Terms Compensation) Act 1991 and merely replaces superseded references to the Public Works Act 1912 in relation to the compulsory acquisition of land by the Water Administration Ministerial Corporation.

SCHEDULE 3—REPEALS

(Sec. 4)

Returned Soldiers and Sailors Employment Act 1919 No. 38**

Food Preservation by Sulphur Dioxide Enabling Act 1920 No. 48**

Public Service (Temporary officers) Act 1923 No. 7**

Textile Products Labelling Act 1954 No. 26**

Public Trustee (Amendment) Act 1960 No. 20*

Gaming and Betting (Amendment) Act 1970 No. 31*

Gaming and Betting (Poker Machines) Taxation Amendment Act 1970 No. 32*

Gaming and Betting (Poker Machines) Amendment Act 1970 No. 70*

Gaming and Betting (Poker Machines) Taxation Further Amendment Act 1970

No. 71*

Public Trustee (Amendment) Act 1977 No. 41*

Land Aggregation Tax Management (Amendment) Act 1977 No. 80*

Western Lands (Amendment) Act 1978 No. 43*

Government Guarantees (Sydney Cricket and Sports Ground) Amendment Act

1978 No. 62*

Constitution (Police Regulation) Amendment Act 1978 No. 77*

University and University Colleges (Constitution) Amendment Act 1978

No. 87*

University of Newcastle (Constitution) Amendment Act 1978 No. 88*

University of New England (Constitution) Amendment Act 1978 No. 89*

University of New South Wales (Constitution) Amendment Act 1978 No. 90*

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 3

University of Wollongong (Constitution) Amendment Act 1978 No. 91*

Valuation of Land (Broken Hill Water Board) Amendment Act 1980 No. 2*

Returned Soldiers Settlement (Amendment) Act 1980 No. 6*

Capital Debt Charges (Transport Authorities) Amendment Act 1980 No. 109*

Capital Debt Charges (Grain Handling) Amendment Act 1980 No. 178*

Public Service (Amendment) Act 1980 No. 197*

State Lotteries (Amendment) Act 1981 No. 36*

Land Aggregation Tax Management (Amendment) Act 1981 No. 38*

Church of England Trust Property (Amendment) Act 1981 No. 67*

Cinematograph Films (Suspension of Provisions) Act 1982 No. l44**

Cumberland Oval (Amendment) Act 1984 No. 34*

Capital Debt Charges (Tourism Commission) Amendment Act 1984 No. 47*

Government Guarantees (Tourism Commission) Amendment Act 1984 No. 48*

Public Hospitals (Visiting Practitioners) Further Amendment Act 1984 No. 110*

State Lotteries (Amendment) Act 1984 No. 135*

Government Guarantees (Amendment) Act 1985 No. 22*

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

Land Sales (Amendment) Act 1985 No. 143*

Transport Employees Retirement Benefits (Further Amendment) Act 1985

No. 180*

Education Commission (Amendment) Act 1985 No. 186*

Farm Produce (Amendment) Act 1985 No. 233*

Registration of Births, Deaths and Marriages (Coroners) Amendment Act 1986

No. 30*

University of Newcastle (Amendment) Act 1986 No. 41*

Statutory and Other Offices Remuneration (Investment Corporation)

Amendment Act 1986 No. 84*

Transfer of Public Vehicles (Taxation) Amendment Act 1986 No. 140*

Hunter Valley Hood Mitigation (Soil Conservation) Amendment Act 1986

No. 144*

Valuation of Land (Amendment) Act 1986 No. 173*

Wentworth Irrigation (Amendment) Act 1986 No. 197*

Criminal Appeal (Amendment) Act 1986 No. 211*

State Roads (Sydney Harbour Tunnel) Amendment Act 1987 No. 50*

State Roads (Motor Vehicles Taxation) Amendment Act 1987 No. 99*

Education Commission (Further Amendment) Act 1987 No. 114*

Crimes (Secret Commissions) Amendment Act 1987 No. 116*

Human Tissue (Amendment) Act 1987 No. 144*

Housing (Rental Bonds) Amendment Act 1987 No. 171*

Registration of Births, Deaths and Marriages (Adoption) Amendment Act 1987

No. 175*

Land Sales (Amendment) Act 1987 No. 195*

Workers Compensation (Police Force) Amendment Act 1987 No. 223*

Children (Care and Protection) Amendment Act 1988 No. 7*

Courts Legislation (Acting Judges) Amendment Act 1988 No. 10*

Coroners (Amendment) Act 1988 No. 27*

Education and Public Instruction (Amendment) Act 1988 No. 28*

Education Commission (Amendment) Act 1988 No. 29*

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 3

Industrial Arbitration (Amendment) Act 1988 No. 43*

Transport Appeal Boards (Amendment) Act 1988 No. 45*

State Sports Centre Trust (Amendment) Act 1988 No. 67*

Human Tissue (Cornea Transplants) Amendment Act 1988 No. 71*

Transport (Penalty Defaults) Amendment Act 1988 No. 76*

Industrial Arbitration (Retail Trade) Amendment Act 1988 No. 97*

Bread (Amendment) Act 1988 No. 106*

State Roads (Transport Administration) Amendment Act 1988 No. 112*

Anglican Church of Australia Trust Property (Amendment) Act 1988 No. 126*

Land Tax (Amendment) Act 1988 No. 127*

Land Tax Management (Amendment) Act 1988 No. 128*

Western Lands (Crown Lands) Amendment Act 1989 No. 8*

Agricultural Holdings (Amendment) Act 1989 No. 12*

Revenue Laws (Reciprocal Powers) Amendment Act 1989 No. 24*

Usury, Bills of Lading, and Written Memoranda (Amendment) Act 1989

No. 37*

Criminal Procedure (Sentencing) Amendment Act 1989 No. 40*

Animal Research (Amendment) Act 1989 No. 43*

Fluoridation of Public Water Supplies (Amendment) Act 1989 No. 50*

Business Names (Amendment) Act 1989 No. 53*

Community Welfare (Developmental Disabilities) Amendment Act 1989

No. 54*

Credit Legislation (Amendment) Act 1989 No. 56*

Public Trustee (Amendment) Act 1989 No. 61*

Workers' Compensation (Dust Diseases) Amendment Act 1989 No. 64*

University and University Colleges (Amendment) Act 1989 No. 66*

Revenue Laws (Reciprocal Powers) Further Amendment Act 1989 No. 83*

Statutory and Other Offices Remuneration (Executives) Amendment Act 1989

No. 104*

Bail (Amendment) Act 1989 No. 109*

State Emergency Services and Civil Defence (Amendment) Act 1989 No. 117*

Valuation of Land (Rating) Amendment Act 1989 No. 123*

Legal Profession (Amendment) Act 1989 No. 138*

Traffic (Road Safety) Amendment Act 1989 No. 153*

Valuation of Land (Subdivision) Amendment Act 1989 No. 156*

Landlord and Tenant (Rental Bonds) Amendment Act 1989 No. 161*

Warehousemen's Liens (Amendment) Act 1989 No. 175*

Trustee Companies (Further Amendment) Act 1989 No. 176*

Employee's Liability (Indemnification of Employer) Amendment Act 1989

No. 189*

Crimes (Amendment) Act 1989 No. 198*

Dairy Industry (Amendment) Act 1989 No. 212*

Registration of Interests in Goods (Amendment) Act 1989 No. 213*

Victims Compensation (Amendment) Act 1989 No. 217*

Land Tax Management (Amendment) Act 1989 No. 222*

Public Trustee (Further Amendment) Act 1989 No. 238*

Conveyancing (Sale of Land) Amendment Act 1990 No. 21*

Land Tax Management (Amendment) Act 1990 No. 35*

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 3

State Drug Crime Commission (Amendment) Act 1990 No. 50* Traffic (Photographic Evidence) Amendment Act 1990 No. 53* Independent Commission Against Corruption (Amendment) Act 1990 No. 80*

Land Tax Management (Further Amendment) Act 1990 No. 88*

Credit (Amendment) Act 1990 No. 97*

Insurance (Amendment) Act 1991 No. 46*

Land Tax Management (Amendment) Act 1991 No. 47*

Note:

* indicates repeal of amending Act the provisions of which 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 practical utility

COMMENCEMENT

Except as regards the Textile Products Labelling Act 1954, this Schedule commences on the date of assent to this Act. The Schedule commences as regards the Textile Products Labelling Act 1954 on a day to be appointed by proclamation.

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;

(c) any validation made by the Act.

SCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND OTHER

PROVISIONS

(Sec. 5)

Effect of amendment of amending provisions

1. (1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, 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

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 4

(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 in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting defects (e.g., corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter) will 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) amends 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 o r repealed has effect after the amendment o r repeal as if it had been done or made under the provision as so amended o r repealed.

EXPLANATORY NOTE

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

Approved forms

3.         If, by an amendment made by this Act, a reference to a prescribed form is

replaced by a reference to an approved form , a form prescribed under the relevant provision of the Act amended and in force immediately before the commencement of the amendment is taken to be an approved form under the relevant provision of the Act as amended by this Act until a form is approved

under that provision.

EXPLANATORY NOTE

This clause ensures that, until a form is approved for use under a provision of an Act in accordance with an amendment made by this Act, the form previously prescribed for use under the provision may continue to be used.

Regulations

4.         (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.

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Sch. 4

(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 savings or transitional nature having a short term effect and 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

Albury-Wodonga Development Act 1974 No. 47—Sch. 2

Annual Holidays Act 1944 No. 31—Sch. 1

Associations Incorporation Act 1984 No. 143—Sch. 2

Australian Jockey Club Act 1873—Sch. 1

Bicentennial Park Trust Act 1987 No. 29—Sch. 1

Bread Act 1969 No. 54—Sch. 1

Bush Fires Act 1949 No. 31—Sch. 1

Catchment Management Act 1989 No. 235—Sch. 1

Cattle Compensation Act 1951 No. 26—Sch. 1

Centennial Park and Moore Park Trust Act 1983 No. 145—Sch. 1

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

Children (Detention Centres) Act 1987 No. 57—Sch. 1

Chiropractors and Osteopaths Act 1991 No. 7—Sch. 1

Commons Management Act 1989 No. 13—Sch. 1

Conveyancing Act 1919 No. 6—Sch. 2

Co-operation Act 1923 (1924 No. 1)—Sch. 1

Crimes Act 1900 No. 40—Sch. 1

Crown Lands Act 1989 No. 6—Sch. 1

Crown Lands (Continued Tenures) Act 1989 No. 7—Sch. 1

Discharged Servicemen's Badges Act 1964 No. 49—Sch. 2

District Court Act 1973 No. 9—Sch. 1

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

Energy Administration Act 1987 No. 103—Sch. 2

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

Environmental Planning and Assessment Act 1979 No. 203—Sch. 1

Environmentally Hazardous Chemicals Act 1985 NO. 14—Sch. 1

Essential Services Act 1988 No. 41—Sch. 2

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Notes

Exhibited Animals Protection Act 1986 No. 123—Sch. 1 Factories, Shops and Industries Act 1962 No. 43—Sch. 1 Fair Trading Act 1987 No. 68—Sch. 1

Fines and Forfeited Recognizances Act 1954 No. 25—Sch. 1

Fisheries and Oyster Farms Act 1933 No. 58—Sch. 2

Government Guarantees Act 1934 No. 57—Sch. 1

Health Administration Act 1982 No. 135—Sch. 2

Heritage Act 1977 No. 136—Sch. 2

Home Care Service Act 1988 No. 6—Sch. 1

Hunter Water Board (Corporatisation) Act 1991 No. 53—Sch. 2

Industrial Relations Act 1991 No. 34—Sch. 1

Irrigation Act 1912 No. 73—Sch. 1

Judges' Pensions Act 1953 No. 41—Sch. 1

Justices Act 1902 No. 27—Sch. 1

Land and Environment Court Act 1979 No. 204—Sch. 1

Lay-by Sales Act 1943 No. 36—Sch. 1

Legal Profession Act 1987 No. 109—Sch. 1

Local Courts (Civil Claims) Act 1970 No. 11—Sch. 1

Local Government Act 1919 No. 41—Sch. 1

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

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

Lord Howe Island Act 1953 No. 39—Sch. 1

Maritime Services Act 1935 No. 47—Sch. l

Marketing of Primary Products Act 1983 No. 176—Sch. 2

Mine Subsidence Compensation Act 1961 No. 22—Sch. 1

Motor Dealers Act 1974 No. 52—Sch. 1

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

Parliamentary Electorates and Elections Act 1912 No. 41—Sch. 1

Passenger Transport Act 1990 No. 39—Sch. 1

Poultry Processing Act 1969 No. 45—Sch. 2

Protection of the Environment Administration Act 1991 No. 60—Sch. 2

Public Authorities (Financial Arrangements) Act 1987 No. 33—Sch. 1

Public Health Act 1991 No. 10—Sch. 1

Public Sector Management Act 1988 No. 33—Sch. 1

Public Trustee Act 1913 No. 19—Sch. 1

Public Works Act 1912 No. 45—Sch. 2

Radiation Control Act 1990 No. 13—Sch. 1

Real Estate Services Council Act 1990 No. 14—Sch. 1

Real Property Act 1900 No. 25—Sch. 1

Soil Conservation Act 1938 No. 10—Sch. 1

Stamp Duties Act 1920 No. 47—Sch. 1

State Bank (Corporatisation) Act 1989 No. 195—Sch. 1

State Roads Act 1986 No. 85—Sch. 1

State Roads and Traffic (Offences and Penalties) Amendment Act 1991

No. 24—Sch. 1

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

Stock (Chemical Residues) Act 1975 No. 26—Sch. 2

Stock Diseases Act 1923 No. 34—Sch. 2

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Notes

Stock Foods Act 1940 No. 19—Sch. 1

Subordinate Legislation Act 1989 No. 146—Sch. 1

Surveyors Act 1929 No. 3—Sch. 1

Swine Compensation Act 1928 No. 36—Sch. 2

Sydney Turf Club Act 1943 No. 22—Sch. 1

Totalizator Act 1916 No. 75—Sch. 2

Tourism Commission Act 1984 No. 46—Sch. 2

Tow Truck Act 1989 No. 158—Sch. 1

Traffic Act 1909 No. 5—Sch. 1

Traffic Safety (Lights and Hoardings) Act 1951 No. 7—Sch. 1

Transport Appeal Boards Act 1980 No. 104—Sch. 2

Treasury Corporation Act 1983 No. 75—Sch. 1

Trustee Act 1925 No. 14—Sch. 1

Trustee Companies Act 1964 No. 6—Sch. 2

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

Valuers Registration Act 1975 No. 92—Sch. 1

Waste Disposal Act 1970 No. 97—Sch. 2

Water Administration Act 1986 No. 195—Sch. 2

Water Board Act 1987 No. 141—Sch. 1

Water Supply Authorities Act 1987 No. 140—Sch. 1

Western Lands Act 1901 No. 70—Sch. 1

Zoological Parks Board Act 1973 No. 34—Sch. 1

Index of Acts repealed by Schedule 3

Agricultural Holdings (Amendment) Act 1989 No. 12

Anglican Church of Australia Trust Property (Amendment) Act 1988 No. 126

Animal Research (Amendment) Act 1989 No. 43

Bail (Amendment) Act 1989 No. 109

Bread (Amendment) Act 1988 No. 106

Business Names (Amendment) Act 1989 No. 53

Capital Debt Charges (Grain Handling) Amendment Act 1980 No. 178

Capital Debt Charges (Tourism Commission) Amendment Act 1984 No. 47

Capital Debt Charges (Transport Authorities) Amendment Act 1980 No. 109

Children (Care and Protection) Amendment Act 1988 No. 7

Church of England Trust Property (Amendment) Act 1981 No. 67

Cinematograph Films (Suspension of Provisions) Act 1982 No. 144

Community Welfare (Developmental Disabilities) Amendment Act 1989 No. 54

Constitution (Police Regulation) Amendment Act 1978 No. 77

Conveyancing (Sale of Land) Amendment Act 1990 No. 21

Coroners (Amendment) Act 1988 No. 27

Courts Legislation (Acting Judges) Amendment Act 1988 No. 10

Credit (Amendment) Act 1990 No. 97

Credit Legislation (Amendment) Act 1989 No. 56

Crimes (Amendment) Act 1989 No. 198

Crimes (Secret Commissions) Amendment Act 1987 No. 116

Criminal Appeal (Amendment) Act 1986 No. 211

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Notes

Criminal Procedure (Sentencing) Amendment Act 1989 No. 40

Cumberland Oval (Amendment) Act 1984 No. 34

Dairy Industry (Amendment) Act 1989 No. 212

Education and Public Instruction (Amendment) Act 1988 No. 28

Education Commission (Amendment) Act 1985 No. 186

Education Commission (Amendment) Act 1988 No. 29

Education Commission (Further Amendment) Act 1987 No. 114

Employee's Liability (Indemnification of Employer) Amendment Act 1989

No. 189

Farm Produce (Amendment) Act 1985 No. 233

Fluoridation of Public Water Supplies (Amendment) Act 1989 No. 50

Food Preservation by Sulphur Dioxide Enabling Act 1920 No. 48

Gaming and Betting (Amendment) Act 1970 No. 31

Gaming and Betting (Poker Machines) Amendment Act 1970 No. 70

Gaming and Betting (Poker Machines) Taxation Amendment Act 1970 No. 32

Gaming and Betting (Poker Machines) Taxation Further Amendment Act 1970

No. 71

Government Guarantees (Amendment) Act 1985 No. 22

Government Guarantees (Sydney Cricket and Sports Ground) Amendment Act

1978 No. 62

Government Guarantees (Tourism Commission) Amendment Act 1984 No. 48

Housing (Rental Bonds) Amendment Act 1987 No. 171

Human Tissue (Amendment) Act 1987 No. 144

Human Tissue (Cornea Transplants) Amendment Act 1988 No. 71

Hunter Valley Flood Mitigation (Soil Conservation) Amendment Act 1986

No. 144

Independent Commission Against Corruption (Amendment) Act 1990 No. 80

Industrial Arbitration (Amendment) Act 1988 No. 43

Industrial Arbitration (Retail Trade) Amendment Act 1988 No. 97

Insurance (Amendment) Act 1991 No. 46

Land Aggregation Tax Management (Amendment) Act 1977 No. 80

Land Aggregation Tax Management (Amendment) Act 1981 No. 38

Land Sales (Amendment) Act 1985 No. 143

Land Sales (Amendment) Act 1987 No. 195

Land Tax (Amendment) Act 1988 No. 127

Land Tax Management (Amendment) Act 1988 No. 128

Land Tax Management (Amendment) Act 1989 No. 222

Land Tax Management (Amendment) Act 1990 No. 35

Land Tax Management (Amendment) Act 1991 No. 47

Land Tax Management (Further Amendment) Act 1990 No. 88

Landlord and Tenant (Rental Bonds) Amendment Act 1989 No. 161

Legal Profession (Amendment) Act 1989 No. 138

Public Hospitals (Visiting Practitioners) Further Amendment Act 1984 No. 110

Public Service (Amendment) Act 1980 No. 197

Public Service (Temporary Officers) Act 1923 No. 7

Public Trustee (Amendment) Act 1960 No. 20

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Notes

Public Trustee (Amendment) Act 1977 No. 41 Public Trustee (Amendment) Act 1989 No. 61 Public Trustee (Further Amendment) Act 1989 No. 238

Registration of Births, Deaths and Marriages (Adoption) Amendment Act 1987

No. 175

Registration of Births, Deaths and Marriages (Coroners) Amendment Act 1986

No. 30

Registration of Interests in Goods (Amendment) Act 1989 No. 213

Returned Soldiers and Sailors Employment Act 1919 No. 38

Returned Soldiers. Settlement (Amendment) Act 1980 No. 6

Revenue Laws (Reciprocal Powers) Amendment Act 1989 No. 24

Revenue Laws (Reciprocal Powers) Further Amendment Act 1989 No. 83

State Drug Crime Commission (Amendment) Act 1990 No. 50

State Emergency Services and Civil Defence (Amendment) Act 1989 No. 117

State Lotteries (Amendment) Act 1981 No. 36

State Lotteries (Amendment) Act 1984 No. 135

State Roads (Motor Vehicles Taxation) Amendment Act 1987 No. 99

State Roads (Sydney Harbour Tunnel) Amendment Act 1987 No. 50

State Roads (Transport Administration) Amendment Act 1988 No. 112

State Sports Centre Trust (Amendment) Act 1988 No. 67

Statutory and Other Offices Remuneration (Executives) Amendment Act 1989

No. 104

Statutory and Other Offices Remuneration (Investment Corporation)

Amendment Act 1986 No. 84

Textile Products Labelling Act 1954 No. 26

Traffic (Photographic Evidence) Amendment Act 1990 No. 53

Traffic (Road Safety) Amendment Act 1989 No. 153

Transfer of Public Vehicles (Taxation) Amendment Act 1986 No. 140

Transport Appeal Boards (Amendment) Act 1988 No. 45

Transport Employees Retirement Benefits (Further Amendment) Act 1985

No. 180

Transport (Penalty Defaults) Amendment Act 1988 No. 76

Trustee Companies (Further Amendment) Act 1989 No. 176

University and University Colleges (Amendment) Act 1989 No. 66

University and University Colleges (Constitution) Amendment Act 1978 No. 87

University of New England (Constitution) Amendment Act 1978 No. 89

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

University of New South Wales (Constitution) Amendment Act 1978 No. 90

University of Newcastle (Amendment) Act 1986 No. 41

University of Newcastle (Constitution) Amendment Act 1978 No. 88

University of Wollongong (Constitution) Amendment Act 1978 No. 91

Usury, Bills of Lading, and Written Memoranda (Amendment) Act 1989 No. 37

Valuation of Land (Amendment) Act 1986 No. 173

Valuation of Land (Broken Hill Water Board) Amendment Act 1980 No. 2

Valuation of Land (Rating) Amendment Act 1989 No. 123

Statute Law (Miscellaneous Provisions) Act 1992 No. 34—Notes

Valuation of Land (Subdivision) Amendment Act 1989 No. 156

Victims Compensation (Amendment) Act 1989 No. 217

Warehousemen's Liens (Amendment) Act 1989 No. 175

Wentworth Irrigation (Amendment) Act 1986 No. 197

Western Lands (Amendment) Act 1978 No. 43

Western Lands (Crown Lands) Amendment Act 1989 No. 8

Workers' Compensation (Dust Diseases) Amendment Act 1989 No. 64

Workers Compensation (Police Force) Amendment Act 1987 No. 223

[Minister's second reading speech made in—

Legislative Assembly on 7 May 1992

Legislative Council on 7 May 1992]