Statute Law (Miscellaneous Provisions) Act 1995 (NSW)
New South Wales
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Contents
Page
| 1 | Name of Act | 2 |
| 2 Commencement | 2 |
| 3 Amendments | 2 |
| 4 Repeals | 2 |
| 5 General savings, transitional and other provisions | 2 |
| 6 Explanatory notes | 2 |
Schedules
| Schedule 1 | Minor amendments Animal Research Act 1985 No 123 Arbitration (Civil Actions) Act 1983 No 43 Drug Offensive Act 1987 No 119 Exhibited Animals Protection Act 1986 No 123 |
New South Wales
Statute Law (M iscellaneous Provisions) Act 1995 No 16
Act No 16, 1995
An Act to repeal certain Acts and Regulations 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 15 June 1995]
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Contents
Page
Fish River Water Supply Administration Act 1945
| No 16 | 5 |
| Interpretation Act 1987 No 15 | 6 |
| Law Foundation Act 1979 No 32 | 10 |
| Noxious W eeds Act 1993 No 11 | 12 |
| Real Estate Services Council Act 1990 No 14 | 13 |
| Reprints Act 1972 No 48 | 14 |
| Roads Act 1993 No 33 | 15 |
| South-west Tablelands Water Supply Administration | |
| Act 1941 No 36 | 15 |
| Traffic Act 1909 No 5 | 16 |
| Schedule 2 | Amendments by way of statute law revision | 18 |
| Schedule 3 | Amendments replacing gender-specific language | 32 |
| Schedule 4 | Amendments transferring provisions | 82 |
| Schedule 5 | Repeals | 99 |
| Schedule 6 | General savings, transitional and other provisions | 107 |
| Notes | 110 |
| Clause 1 | Statute Law (Miscellaneous Provisions) Act 1995 No 16 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 1995.
2 Commencement
This Act commences on the date of assent, except as provided in
Schedules 1, 2 and 4.
3 Amendments
Each Act specified in Schedules 1-4 is amended as set out in those Schedules.
4 Repeals
Each Act and Regulation specified in Schedule 5 is repealed.
5 General savings, transitional and other provisions
Schedule 6 has effect.
6 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
| Schedule 1 | Minor amendments |
(Section 3)
| 1.1 | Animal Research Act 1985 No 123 |
| Section 4 Code of Practice | |
| Insert at the end of the section: |
For the purposes of prescribing such a Code, the regulations may apply, adopt or incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods as in force at a particular time or as in force from time to time, prescribed or published by any authority or body, whether or not it is a New South Wales authority or body.
Commencement
The amendment to the Animal Research Act 1985 commences on a day to be appointed by proclamation.
Explanatory note
Section 42 of the Interpretation Act 1987 provides that if an Act authorises or requires provision to be made for or with respect to any matter by a regulation, the regulation may make provision for or with respect to the matter by applying, adopting or incorporating (with or without modification) the provisions of any publication. Under section 69 of that Act, such a publication may be applied, adopted or incorporated as in force on a particular day, on the day the regulation took effect, or, if the Act authorising or requiring provision to be made specifically provides, as in force from time to time.
Section 4 of the Animal Research Act 1985 permits the regulations to prescribe a Code of Practice with respect to the conduct of animal research and the supply of animals for use in connection with animal research.
The proposed amendment empowers the regulations, for the purpose of prescribing such a Code, to apply, adopt or incorporate by reference any standards etc of other bodies (such as the Commonwealth) as in force at a particular time or as in force from time to time. There are similar provisions in other Acts (eg section 45C (4) of the Poisons Act 1966 and section 90 (3) of the Food Act 1989).
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
1.2 Arbitration (Civil Actions) Act 1983 No 43
[1 ] Section 18 Rehearing
Insert “and no person other than the applicant or a person who consented to the discontinuance applies, within the prescribed period after the filing of that notice, for such an order” after “action” in section 18 (5) (a).
[2 ] Section 18 (5) (b)
Insert “and no person present at the rehearing requests the court to proceed with the rehearing” after “rehearing”.
Commencement
|
to be appointed by proclamation.
Explanatory note
The proposed amendments ensure that a person aggrieved by an award of an arbitrator under the Act may obtain a rehearing of the action concerned even if a previous applicant for a rehearing files a notice of discontinuance of the rehearing or fails to attend the rehearing. (The Act currently provides that, in those circumstances, the order for the rehearing ceases to have effect and the award is deemed to be a judgment or order of the court.)
| 1.3 | Drug Offensive Act 1987 No 119 |
| Section 9 Functions of the Director | |
| Omit “prescribed organisations” from section 9 (2) (c). in the Gazette, designates for the purposes of this paragraph”. | |
| Commencement | |
| The amendment to the Drug Offensive Act 1987 commences on a day to be appointed by proclamation. | |
| Repeal | |
| On the commencement of the amendment to the Drug Offensive Act 1987 made by this Act, the Drug Offensive Regulation 1987 is repealed. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
Explanatory note
At present, section 9 (2) (c) of the Act empowers the Director of the Drug and Alcohol Directorate to co-ordinate, monitor and evaluate, and provide an overview of, drug or alcohol services provided throughout New South Wales by “prescribed organisations”.
The proposed amendment removes the requirement that the organisations concerned be prescribed by regulation. Instead, it permits the Minister to designate the organisations by order published in the Gazette.
The Regulation currently prescribing organisations for the purpose of section
9 (2) (c) is repealed on the commencement of the amendment.
| 1.4 | Exhibited Animals Protection Act 1986 No 123 |
| Section 22 Persons to be authorised to exhibit animals | |
| Insert “, or at a preschool, school, TAFE establishment, university or other place of education,” after “place of public entertainment” in section 22 (2). | |
| Commencement | |
| The amendment to the Exhibited Animals Protection Act 1986 commences on a day to be appointed by proclamation. | |
| Explanatory note | |
| At present, section 24 of the Act prohibits a person from exhibiting animals of a prescribed species unless the person is the holder (or is supervised by the holder) of a permit authorising the exhibition. Section 22 makes the same provision in relation to animals that are not of a species prescribed for the purposes of section 24, but it is limited to exhibitions held “on premises occupied by temporary or movable structures used for the purposes of a circus, fair, fun-fair, amusement park or similar place of public entertainment”. The proposed amendment extends the ambit of section 22 to cover exhibitions held at schools and other places of education. | |
| 1.5 | Fish River Water Supply Administration Act 1945 No 16 |
| [ 1 ] | Section 12 Allocation of moneys |
| Omit the paragraph commencing “Thirdly,” from section 12 (2) (b). |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
[2 ] Section 12 (2) (b)
Omit ''''Fourthly,'’' . Insert instead “Thirdly,
[3] Section 13 Fish River Water Supply Renewal Reserve Account
Omit the section.
[4] Section 13A Accounts to be kept in Special Deposits Account
Omit “and the Renewal Reserve Account”.
Commencement
The amendments to the Fish River Water Supply Administration Act 1945 commence on a day to be appointed by proclamation.
Transitional
On the repeal of section 13 of the Fish River Water Supply Administration Act 1945, the balance in the Fish River Water Supply Renewal Reserve Account established under that section is to be transferred to the Fish River Water Supply Working Account established under section 12 of that Act.
Explanatory note
At present, section 1 3 requires the keeping of a Renewal Reserve Account to fund the renewal and replacement of the capital assets of the Fish River Water Supply. Maintenance of such accounts is regarded as an outdated accounting practice. Current practice is for asset renewals to be provided for in normal business planning, rather than through a specific account. Further, the rate of the interest earned on the funds in the Renewal Reserve Account is less than the interest-rate applicable to the debts of the Fish River Water Supply. In view of these factors, item (3) of the proposed amendments repeals the requirement that the Renewal Reserve Account be kept.
Items (l), (2) and (4) of the proposed amendments are consequential on item (3). Similar amendments to the South-west Tablelands Water Supply Administration Act 1941 are proposed to be made elsewhere in this Schedule.
| 1 .6 | Interpretation Act 1987 No 1 5 |
| [ 1 ] | Section 3 Definitions |
| Omit the definition of statutory rule from section 3 (1). |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
[2 ] Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
statutory rule means:
| (a) | a regulation, by-law, rule or ordinance: | |||
| ||||
| (b) | a rule of court. |
[3 ] Sections 23 Commencement of Acts and 66 Citation of particular Acts
| Insert “ (or name)” after “ short title” wherever occurring in sections 23 (6) and 66 (1) (a), (2) (a), (3) (a) and (4) (a). |
[4] Section 30A
Insert after section 30:
30A Transferred provisions
| (1) | This section applies where a provision is transferred from an Act or statutory rule to another Act and an Act states that the provision is a transferred provision to which this section applies. |
| (2) | The transfer does not affect the operation (if any) or meaning of the provision, and accordingly the provision is to be construed as if it had not been so transferred. |
| (3) | This section applies whether or not the provision is modified, but has effect subject to any such modification. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
[5] Section 35 Headings etc
Insert after section 35 (4):
| (4A) | The number of a section, subsection, clause or subclause of an Act or instrument is taken to be part of the Act or instrument even though it appears in a heading to the section, subsection, clause or subclause. |
[6 ] Section 39 The making of statutory rules
Insert after section 39 (2):
(2A) Neither the whole nor any part of a statutory rule is invalid merely because (without statutory authority) the statutory rule is published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect. In that case, that or those provisions take effect from the day the statutory rule is published in the Gazette, instead of from the earlier day.
[7 ] Section 39 (3)
| Omit “subsection (1) does”. Insert instead “subsections (1) and (2A) do”. |
[8] Section 45A
Insert after section 45:
45A Tabling of instruments
An instrument that, under any other Act, may or must be tabled in a House of Parliament (without any indication as to who is authorised or required to table it) may be laid before the House by a Minister or the Clerk of the House. This section does not affect any other way in which the instrument can be laid before the House.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
[9 ] Section 67 Citation of instruments etc
|
section 67 (1) (a), (2) (a), (3) (a) and (4) (a).
[ 1 0 ] Section 70 References to changed short titles, nam es and citations
Insert “ , name” after “short title” wherever occurring.
Commencement
The amendments to the lnterpretation Act 1987 commence on the date of assent to this Act.
Explanatory note
Definition of statutory rule (items (1) and (2))
At present, the lnterpretation Act 1987 provides a definition of the term statutory rule in section 3, a section that defines terms for the purposes of that Act. Items (1) and (2) of the proposed amendments ensure that the definition applies in any Act or instrument in which the term is used. They do this by transferring the definition from section 3 to a section that usually applies to all Acts and instruments.
Redesign of legislation (items (3), (5), (9) and (10))
The recent redesign of legislation in New South Wales involved, among other things, the following:
| ||||
| Item (3) of the proposed amendments is consequential on the change of heading, allowing an Act (including an Act of another jurisdiction) to be referred to or cited by its “name”, which is another description of its short title. Item (9) is a similar provision in relation to instruments. Item (10) makes a consequential amendment in relation to both Acts and instruments. Item (5) ensures that section, subsection, clause and subclause numbers remain part of an Act or instrument. | ||||
| Transferred provisions (item (4)) | ||||
| Schedule 4 to this Act transfers to the relevant Principal Acts various savings and transitional and other provisions from certain amending Acts and statutory rules, the other provisions of which have been incorporated in reprints or are spent. The consolidation of the transferred provisions in the Principal Acts permits the repeal (by Schedule 5 to this Act) of the otherwise obsolete amending Acts and statutory rules. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
Item (4) of the proposed amendments provides a mechanism for ensuring that any such transfers do not affect the operation (if any) or meaning of the provisions concerned.
Validity of statutory rules (items (6 ) and (7 ))
Item (6 ) of the proposed amendments makes it clear that publication of a statutory rule in the Gazette after the day on which any of its provisions is expressed to take effect does not invalidate any of those provisions. The provision concerned takes effect from the date of Gazettal.
Item (7 ) is a consequential amendment.
Tabling of instruments (item (8 ))
Item (8 ) of the proposed amendments empowers a Minister or the Clerk of the House to table an instrument that another Act requires orpermits to b e tabled in a House of Parliament if the enabling Act does not specify the person required or authorised to table the instrument.
| 1.7 | Law Foundation Act 1979 No 32 |
| [1] | Schedule 1 Constitution and procedure of Board of Governors |
| Clause 4 (1) | |
| Omit “for a period of 3 years”. in the member's instrument of appointment”. | |
| [ 2 ] | Schedule 1 , clause 4 (4) |
| Insert after clause 4 (3): |
| (4) | On the expiry of the term of office of an appointed member (other than a member appointed under clause 2 (2) (d)): | |
|
Page10
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
| (b) | while so acting, the person has and may perform all the functions of a member and is taken to be an appointed member. |
[3 ] Schedule 1, clause 8 (c)
| Insert “, except in the case of a member appointed under clause 2 (2) (d),” after “if”. |
[4] Schedule 1 clause 9 (2)
Omit the subclause.
Commencement
The amendments to the Law Foundation Act 1979 commence on the date of assent to this Act.
Transitional
Clause 9 of Schedule 1 to the Law Foundation Act 1979, as amended by this Act, extends to a vacancy in the office of an appointed member of the Board of Governors of the Law Foundation:
| ||||
| Explanatory note | ||||
| At present, clause 4 (1) of Schedule 1 provides that appointed members of the Board of Governors of the Law Foundation (otherthan the member appointed on the nomination of the Leader of the Opposition in the Legislative Assembly) hold office for a period of 3 years. | ||||
| Term of office of members of Board (item (1)) terms of office do not expire simultaneously. Item (1) of the proposed amendments allows members to be appointed for a term of less than 3 years. This will, over time, enable the terms of all the appointed members to be brought into alignment. | ||||
| Holding over (item (2 )) | ||||
| Because of the current variation in the expiry dates of the appointed members' terms of office, it is conceivable that, on the expiry of some of those terms, the Board could consist of insufficient members to constitute a quorum. Accordingly, item (2 ) of the proposed amendments requires a member of the Board (other than the Leader of the Opposition's nominee) whose term of office has expired to act in that office (for a period of up to 3 months) pending the appointment of his or her successor. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
Exemption from automatic vacation of office (item (3 ))
Clause 8 (c) provides that a member of the Board is taken to have vacated office if (among other things) the member is absent without leave from 3 consecutive Board meetings. Item (3) of the proposed amendments exempts the member who is appointed on the nomination of the Leader of the Opposition from the operation of this provision.
Advertising of casual vacancies (item (4))
Clause 9 (2) requires the Attorney General to advertise certain casual vacancies on the Board before appointing persons to fill them. Item (4) of the proposed amendments abolishes that requirement.
| 1 .8 | Noxious Weeds Act 1 9 9 3 No 11 |
| [ 1 ] | Section 31 Agricultural machines to be produced for inspection |
| Section 31 (1) | |
| Omit “notifiable weeds”. Insert instead “notifiable weed material”. | |
| [2 ] | Section 31 (2) (a) |
| Omit “a weed that is a notifiable weed”. Insert instead “weed material that is notifiable weed material”. | |
| Section 31 (2) (a) and (b) | |
| Omit “such weed” wherever occurring. Insert instead “such weed material”. | |
| Commencement | |
| The amendments to the Noxious Weeds Act 1993 commence on the date of assent to this Act. | |
| Explanatory note | |
| At present, section 31 (1) of the Act requires a person who brings an agricultural machine from Queensland into New South Wales to produce the machine for inspection by a border inspector for “notifiable weeds”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
It is unlikely that weeds will actually be alive and growing on such machines. Accordingly, the proposed amendments replace references in the section to “notifiable weed” with references to “notifiable weed material”. That term is defined in the Act as including “notifiable weeds and any seed or other part of a notifiable weed”.
| 1.9 | Real Estate Services Council Act 1990 No 14 |
| Section 6 Membership of Council | |
| Omit section 6 (3) (b). Insert instead: |
| (b) | 1 is to be a public servant nominated by the Minister, being a public servant holding a position in an agency administered by the Minister, |
Commencement
The amendment to the Real Estate Services Council Act 1990 commences on the date of assent to this Act.
Transitional
The person (if any) who, on the commencement of the amendment m ade to section 6 (3 ) (b) of the Real Estate Services Council Act 1990 by this Act, was the member of the Real Estate Services Council appointed pursuant to a nomination made under that paragraph before that amendment commenced, is taken to have been appointed pursuant to a nomination made under that paragraph as so amended.
Explanatory note
At present, section 6 (3) (b) provides that one of the 9 part-time members of the Real Estate Services Council is to be an officer of the Department of Housing nominated by the Minister.
The proposed amendment replaces that member with a public servant (nominated by the Minister) whose position is within an agency administered by the Minister. (Becauseof section 97 (1) (b) of the Public Sector ManagementAct 1988, “public servant” in this context is to be read as a reference to an officer or temporary employee within the meaning of that Act.)
The proposed amendment is consequential on the separation of the Office of
Real Estate Services from the Department of Housing.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
| 1 .1 0 | Reprints Act 1972 No 48 |
| [1] | Section 9G |
| Insert after section 9F: | |
| 9G New styles |
| (1) | An Act may be reprinted under section 5 so as to conform to current styles of presentation regarding punctuation, layout, type and similar matters. |
| (2) | As a transitional matter, an amended Act may be reprinted under section 5 so as to conform to an earlier style, even though some or all of the amendments may have been enacted in a newer style. |
[2 ] Section 13 Application of certain provisions of this Act to certain instruments
Omit “9E and 9F”. Insert instead “9E, 9F and 9G”.
Commencement
The amendments to the Reprints Act 1972 commence on the date of assent to this Act.
Explanatory note
The layout, type, punctuation and other aspects of New South Wales statutes have recently been redesigned. Item (1) of the proposed amendments allows existing Acts to be reprinted in the new style. It also permits, as a transitional matter, an amended Act to be reprinted in the earlier style even though the amendments may have been enacted in the new style. In neither case will the substantive text of the legislation be altered. Item (2) extends the amendment to statutory instruments.
The changes involve such matters as the following:
|
and other parts of Acts.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
| 1 .1 1 | Roads Act 1 9 9 3 No 3 3 |
| Section 54 Orders generally | |
| Insert at the end of the section: |
| (4) | In making an order under this Division, the Minister may include in the order a statement to the effect that specified land held by the RTA is dedicated as a public road and, in that event, the statement is taken to be a notice published by the RTA under section 10 (l), and section 10 (2) has effect accordingly. |
Commencement
The amendment to the Roads Act 1993 commences on the date of assent to this
Act.
Explanatory note
The proposed amendment empowers the Minister administering the provisions of the Act relating to the classification of roads to dedicate as a public road such land held by the Roads and Traffic Authority as is specified in the order, Such an order may not be made otherwise than on the recommendation of the RTA. (Ministerial power to “declare”, on the recommendation of the RTA, any land vested in the RTA “to be” a public road or public reserve existed under section 58 (5) of the repealed State Roads Act 1986.)
The proposed amendment will also allow the one instrument both to dedicate the land a s a public road and to classify it (as, for example, a main road or a tourist road).
| 1 .1 2 | South-west Tablelands Water Supply Administration Act 1941 No 3 6 |
| [1] | Section 12 Allocation of money |
| Omit the paragraph commencing “Thirdly,” from section 12 (2) (b). | |
| [2] | Section 12 (2) (b) |
| Omit “Fourthly,”. Insert instead “Thirdly,”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 1 | Minor amendments |
[3] Section 13 South-west Tablelands Water Supply Renewal Reserve Account
Omit the section.
[4] Section 13A Accounts to be kept in Special Deposits Account
Omit “and the Renewal Reserve Account”.
Commencement
| The amendments to the South-west Tablelands Water Supply Administration Act 1941 commence on a day to be appointed by proclamation. |
Transitional
On the repeal of section 13 of the South-west Tablelands Water Supply Administration Act 1947, the balance in the South-west Tablelands Water Supply Renewal Reserve Account established under that section is to be transferred to the South-west Tablelands Water Supply Working Account established under section 12 of that Act.
Explanatory note
The proposed amendments are similar to the amendments to the Fish River Water Supply Administration Act 1945 proposed to b e made elsewhere in this Schedule. The explanatory note to those amendments is also applicable to these amendments.
| 1 .1 3 | Traffic Act 1909 N o 5 |
| [ 1 ] | Section 10AA Effect of disqualification |
| Omit section 10AA (1). Insert instead: |
| (1) | If, as a consequence of being convicted of an offence by a court, a person is disqualified (whether or not by an order of the court) from holding a driver's licence, the disqualification operates to cancel, permanently, any driver's licence held by the person at the time of his or her disqualification. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Minor amendments | Schedule 1 |
[2 ] Section 18C Cancellation of licence or registration in default of payment of penalty
| Omit “shall be deemed to be cancelled” from section 18C (6). Insert instead “is cancelled”. |
| Commencement |
| The amendments to the Traffic Act 1909 commence on the date of assent to this Act. |
| Explanatory note |
| Before the amendment made to section 10AA (1) by the Statute Law (Miscellaneous Provisions) Act (No 2) 1990, that section provided that, when a person was disqualified from holding a driver's licence as a consequence of being convicted of an offence by a court, any driver's licence held by the person “shall be deemed to have been cancelled”. The section required the person concerned to deliver any such licence to the Roads and Traffic Authority immediately after being convicted. |
| The Statute Law (Miscellaneous Provisions) Act (No 2) 1990 amended the section so as to require the convicted person, if present at the court with the licence, to surrender the licence to the court. If the person was not present at the court, or was present without the licence, the person was to surrender it to the Authority as soon as practicable. |
| As the amendment required the repeal and re-enactment of section 10AA, the opportunity was taken to replace the archaic expression “shall be deemed to have been cancelled” with “is to be regarded as being cancelled”. Some doubt has been expressed as to whether the licence that is “regarded as being cancelled is actually cancelled—that is, whether the cancellation continues beyond the expiry of the relevant period of the disqualification. |
| To remove that doubt, item (1) of the proposed amendments makes it clear that the disqualification effects a permanent cancellation of any licence concerned. For the sake of consistency, item (2) of the proposed amendments replaces the phrase “shall be deemed to be cancelled” in section 18C (6) with the simple “is cancelled”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
| Schedule 2 | Amendments by way of statute law revision |
(Section3)
| 2.1 | Annual Reports (Departments) Act 1985 No 156 |
| Section 6 Inclusion of other reports in annual reports | |
| Omit “1988” from section 6 (2). Insert instead “1989”. | |
| Commencement | |
| The amendment to the Annual Reports (Departments) Act 1985 commences on the date o f assent to this Act. | |
| Explanatorynote | |
| The proposed amendment corrects an incorrect citation. | |
| 2.2 | Area Health S erv ices Act 1986 No 50 |
| Schedule 4 Provisions relating to the members and procedure of Area Health Boards | |
| Insert “area” after “relevant” in clause 2 (5) (a). | |
| Commencement | |
| The amendment to the Area Health Services Act 1986 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment inserts a missing word. | |
| 2.3 | Bail Act 1978 No 161 |
| Section 26 Power of District Court to grant bail | |
| Omit “and” where secondly occurring in section 26 (1) (f). Insert instead “or”. | |
| Commencement | |
| The amendment to the Bail Act 1978 commences on the date o f assent to this Act. | |
| Explanatory note The proposed amendment corrects an incorrect conjunction. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
| 2 .4 | Business Names Act 1 9 6 2 No | 11 |
[ 1 ] Section 7A Notice to be given of registration of certain nam es
Omit “it” wherever occurring in section 7A (1) and (3).
Insert instead “the Commissioner”.
|
are undesirable etc
| Omit “its” from section 10 (2). Insert instead “the Commissioner's”. |
Commencement
The amendments to the Business Names Act 1962 commence on the date of assent to this Act.
Explanatory note
The proposed amendments correct incorrect grammar. (The impersonal pronoun “it” was correct in the past when the functions under the Business Names Act 1962 currently exercised by the Commissioner for Consumer Affairs were exercised by the Corporate Affairs Commission.)
| 2 .5 | Coal and Oil Shale Mine Workers (Superannuation) Act 1 9 4 1 No 4 5 |
| Section 2J Further extension of the definition of mine worker | |
| Omit section 2J (14). | |
| Commencement | |
| The amendment to the Coal and Oil Shale Mine Workers (Superannuation) Act 1947 is taken to have commenced on 1 February 1995. | |
| Explanatory note | |
| The proposed amendment repeals a spent provision. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
| 2.6 | Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994 No 85 |
| [1] | Schedule 3 Amendments relating to transfer of Tribunal's functions |
| Schedule 3 (2) (m) | |
| Omit “(a)”. Insert instead “(b)”. | |
| [2] | Schedule 3 (2) (n) |
| Omit “(b)”. | |
| [ 3 ] | Schedule 3 (4) (e) |
| Omit the item. | |
| Commencement | |
| The amendments to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994 are taken to have commenced on 1 February 1995. | |
| Explanatory note | |
| directions. Item (3) repeals an amendment to section 2J (14) of the Coal and Oil Shale Mine | |
| Items (1) and (2) of the proposed amendments correct incorrect incorporating from the commencement of the amendment, elsewhere in this Schedule.) | |
| 2 .7 | Crim es Act 1900 N o 40 |
| [1] | Section 52A Dangerous driving: substantive matters |
| Omit “grevious” from section 52A (5). Insert instead “grievous” | |
| [ 2 ] | Section 52AA Dangerous driving: procedural matters |
| Omit “section” where secondly occurring in section 52AA (2). Insert instead “sections”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
Commencement
The amendments to the Crimes Act 1900 commence on the date of assent to this
Act.
Explanatory note
Item (1) ofthe proposed amendments corrects a spelling error. Item (2) corrects a grammatical error.
| 2.8 | Crown Lands (Continued Tenures) Act 1989 No 7 |
| Schedule 7 Purchase of land held under lease | |
| Omit “ , or formerly comprised,” from clause 4 of Part 2. | |
| Commencement | |
| The amendment to the Crown Lands (Continued Tenures) Act 1989 commences on the date of assent to this Act. | |
| Explanatory Note | |
| Item (9) (a) of the amendments to the Crown Lands (Continued Tenures) Act 1989 in Schedule 3 to the Irrigation Corporations Act 1994 amended clause 1 of Schedule 4 (Subdivision of Holdings) to the Crown Lands (Continued Tenures) Act 1989 by omitting the words shown struck through below: |
This Schedule applies to land comprised in any holding
irrigation area formerly comprised in a holding but, in either case, only if:
The proposed amendment is the consequential amendment required to be made to clause 4 of Part 2 of Schedule 7 to the Act. That clause provides that “Schedule 4 applies to and in respect of the land comprised, or formerly comprised, in an incomplete purchase under this Part”. Land formerly comprised in an incomplete purchase is not a “holding” for the purposes of the Act.
| 2.9 | Fish Marketing Act 1994 No 37 |
| Section 21 Deregulation—repeal of relevant provisions of Fisheries Act | |
| Omit section 21 (2). | |
| Commencement | |
| The amendment to the Fish Marketing Act 1994 commences on the date of assent to this Act. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
Explanatory note
The proposed amendment omits a provision that is no longer necessary. The subsection concerned provides for the repeal, effectively on 31 October 1997, of the Fish Marketing Regulation 1980. That Regulation was repealed on 31 October 1994 as a consequence of the sale of the Fish Marketing Authority.
| 2.10 | Impounding Act 1993 No 31 | |
| Dictionary, definition of area of operations | ||
| to be” from the matter next to the last dot point. | ||
| Omit “a place or class of places for which it is declared by the order authority is prescribed by the regulations as”. | ||
| Commencement | ||
| The amendment to the lmpounding Act 1993 commences on the date of assent to this Act. | ||
| Explanatory note | ||
| The proposed amendment replaces an incorrect reference to an order with a reference to the regulations and makes the language of the relevant part of the definition of area of operations consistent with that of the definition of impounding authority. The proposed amendment alters the final paragraph of the definition of area of operations as follows (matter to be omitted is shown struck through, and matter to be inserted is shown in square brackets): | ||
|
[the place or class of places for which the public authority is prescribed by the regulations as] an impounding authority.
| 2.11 | Infants' Home, Ashfield, Act 1924 No 13 |
| Section 3 Members to be body corporate | |
| Omit “convienient” from section 3 (4) (g). Insert instead “convenient”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
Commencement
The amendment to the Infants' Home, Ashfield, Act 1924 commences on the date of assent to this Act.
Explanatory note
The proposed amendment corrects incorrect spelling.
| 2.12 | Irrigation Corporations Act 1994 No 41 |
| Section 19 Amendment of SOC Act | |
| Omit “Areas” from section 19 (2). | |
| Commencement | |
| The amendment to the Irrigation Corporations Act 1994 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment omits an unnecessary word. |
2.13 Justices Act 1902 No 27
Section 145B Short description of certain offences
Insert after section 145B (2):
| (3) | An expression referred to in subsection (2) (a) may be prescribed by a regulation made under this Act or under the Act creating the offence concerned. The regulation-making powers conferred by Acts other than this Act are extended accordingly. |
Commencement
The amendment to the Justices Act 1902 commences on the date of assent to this Act.
Explanatory note
The proposed amendment is of a machinery nature. offences in informations, complaints, summonses, warrants, notices, orders and
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
other documents. In particular, they are used in connection with penalty notices. Generally speaking, the prescription of an offence that may be dealt with by a penalty notice, and the penalty for the offence that may be imposed by a penalty notice, is done by means of a regulation under the Act giving rise to the offence. However, the prescription of the short description of the offence is done by means of a regulation under the Justices Act 1902. The proposed amendment will enable the short description of an offence to be done by means of a regulation under the Act giving rise to the offence. In the case of a penalty notice offence, the amendments will enable all provisions relevant to the offence to be prescribed in a single regulation.
| 2 .1 4 | Land and Environment Court Act 1979 No 2 0 4 |
| [ 1 ] | Section 19 C lass 3—land tenure, valuation, rating and compensation matters |
| Section 19 (g) | |
| Omit “and” where lastly occurring. | |
| [2 ] | Section 19 (g1) |
| Omit the paragraph. Insert instead: |
| (g1 ) | appeals under section 44 or 202 of the Fisheries Management Act 1994, and |
Commencement
The amendments to the Land and Environment Court Act 1979 commence on the date of assent to this Act.
Explanatory note
The proposed amendments omit an unnecessary word (item (1)) and insert
missing words (item (2)).
| Item (2) affects the current section | 19 (1) (g1) in the following way (the words to |
be inserted are shown in square brackets):
| (g1) | [appeals under] section 44 or 202 of the Fisheries Management Act 1994, [and] |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
| 2 .1 5 | Legal Profession Act 1 9 8 7 No 1 0 9 |
| Section 208Q Referral of misconduct to Commissioner | |
| Omit “as at costs” from section 208Q (1). Insert instead “as to costs”. | |
| Commencement | |
| The amendment to the Legal Profession Act 1987 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment replaces an incorrect word. | |
| 2.16 | Motor Vehicles Taxation Act 1 9 8 8 No 111 |
| Schedule 1 Motor vehicle tax | |
| Insert “not” before “used” in the heading of Column 2 of the Table to clause 3. | |
| Commencement | |
| The amendment to the Motor Vehicles Taxation Act 1988 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment inserts a word that is necessary to make the heading to the Table to clause 3 consistent with that clause. | |
| 2.17 | Parliamentary Evidence Act 1901 No 43 |
| [ 1 ] | Second Schedule |
| Omit “His Honor”. Insert instead “His Honour/Her Honour” | |
| [2 ] | Second Schedule |
| Omit “your Honor”. Insert instead “your Honour”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
Commencement
The amendments to the Parliamentary Evidence Act 1901 commence on the date of assent to this Act.
Explanatory note
The proposed amendments replace gender-specific language and bring spelling into line with modem usage.
| 2 .1 8 | Pharmacy Act 1 9 6 4 No 4 8 |
| Section 23 Surrender of certificates of registration Insert “ a” before “pharmacisf’ in section 23 (1). | |
| Commencement | |
| The amendment to the Pharmacy Act 1964 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment inserts a missing word. | |
| 2.19 | Public Trustee Act 1 9 1 3 No 1 9 |
| [l] | Section 18 Grant of probate or administration to Public Trustee |
Omit “Act or default” from section 18 (2).
Insert instead “act or default”.
[2] Section 18 (2)
Omit “act of default”. Insert instead “act or default”.
Commencement
The amendments to the Public Trustee Act 1913 commence on the date of assent to this Act.
Explanatory note
The proposed amendments correct typographical errors.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
State Revenue Legislation (Further Amendment) Act
1994 No 72
Section 2 Commencement
Omit “(28) (a)” wherever occurring in section 2 (2) and (8).
Insert instead “(28) (b)”.
Schedule 3 Amendment of Pay-roll Tax Act 1971
Omit the matter “$” wherever occurring in items (16) (b) and
(17) (b).
Schedule 4 Amendment of Stamp Duties Act 1920
Omit “section 83CE” from item (13).
Insert instead “section 82CE”.
Commencement
The amendments to the State Revenue Legislation (Further Amendment) Act
1994 commence on the date of assent to this Act.
Explanatory note
Incorrect references (item (1))
Item (1) of the proposed amendments corrects obviously incorrect references in the commencement provision of the Act.
Amendments not fully effective (item (2))
Items (16) and (17) (among others) of Schedule 3 to the Act increase the current pay-roll tax general exemption annual threshold from 1 January 1996 (the date on which those amendments commence). At present, the amendments substitute “$575,000” for “$525,000” and “$600,000 for “$550,000” wherever the lesser amounts occur in Schedule 1 and Schedule 2, respectively, to the Pay-roll Tax Act 1971. However, those figures appear elsewhere in the Schedules (in the formulas for calculating pay-roll tax liability) without the dollar sign. Item (2) of the amendments proposed to be made by this Act removes that sign from the amendments to be made to the Pay-roll Tax Act 1971 to ensure that the figures are replaced everywhere they occur in the Schedules, whether or not they are accompanied by the dollar sign.
Incorrect cross-reference (item (3))
Item (3) of the proposed amendments corrects an incorrect cross-reference.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
| 2.21 | Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 218 |
| Schedule 39 Amendments to the Strata Titles Act 1973 | |
| Omit item (5). | |
| Commencement | |
| The amendment to the Statute Law (Miscellaneous Provisions) Act (No 2 ) 1986 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment repeals a provision that has not been commenced. The uncommenced provision is no longer appropriate as it relates to a section that has been repealed and re-enacted. | |
| 2.22 | Statute Law (Miscellaneous Provisions) Act (No 3 ) 1989 No 226 |
| Schedule 1 Minor amendments | |
| Omit the matter relating to the Police Regulation Act 1899. | |
| Commencement | |
| The amendment to the Statute Law (Miscellaneous Provisions) Act (No 3 ) 1989 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment repeals a provision that has not been commenced. The uncommenced provision relates to an Act that has been repealed. | |
| 2.23 | Statute Law (Miscellaneous Provisions) Act 1992 No 34 |
| Schedule 1 Minor amendments | |
| Omit item (2) of the matter relating to the Local Government Act |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
Commencement
The amendment to the Statute Law (Miscellaneous Provisions) Act 1992 commences on the date of assent to this Act.
Explanatory note
The proposed amendment repeals a provision that has not been commenced.
The uncommenced provision relates to a section that has been repealed.
| 2.24 | Statute Law (Miscellaneous Provisions) Act (No 2) 1992 No 57 |
| Schedule 1 Minor amendments | |
| Omit item (3) of the matter relating to the Local Government Act 1919. | |
| Commencement | |
| The amendment to the Statute Law (Miscellaneous Provisions) Act (No 2 ) 1992 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment repeals a provision that has not been commenced. The uncommenced provision relates to a section that has been repealed. | |
| 2.25 | Strata Titles Act 1973 No 68 |
| Section 89 Definitions | |
| Omit '‘(.b)j from paragraph (b) of the definition of appropriate valuing Act (as inserted by Schedule 7 to the Water Board (Corporatisation) Act 1994). | |
| Insert instead “(c)”. | |
| Commencement | |
| The amendment to the Strata Titles Act 1973 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment removes a duplication in paragraph numbering. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 2 | Amendments by way of statute law revision |
| 2.26 | Technical and Further Education Commission Act 1990 No 118 |
| Schedule 1 Provisions relating to members and procedure of the TAFE Commission Board | |
| Omit “the the” wherever occurring in the definitions of appointed member and ex-officio member in clause 1. Insert instead “the”. | |
| Commencement | |
| The amendment to the Technical and Further Education Commission Act 1990 commences on the date of assent to this Act. | |
| Explanatory note | |
| The proposed amendment omits superfluous words. | |
| 2.27 | University of Technology, Sydney, Act 1989 No 69 |
| [1 ] | Section 9 Constitution of Council |
| Insert “or (cl) (ii)” after “paragraph (c) (ii)” in section 9 (5) (d) (i). | |
| [2 ] | Schedule 1 Provisions relating to members and procedure of the Council |
| Omit “or (c)” from clause 1 (d). Insert instead “, (c) or (cl)”. | |
| Commencement | |
| The amendments to the University of Technology, Sydney, Act 1989 are taken to have commenced on 12 December 1994. | |
| Explanatory note Composition of Council and term of office of members | |
| Before the amendments made to section 9 (5) by the Statute Law (Miscellaneous Provisions) Act (No 2) 1994, the Council of the University of Technology, Sydney, included only one student member. Those amendments (among other things) increased the student membership to 2—one undergraduate student member and one postgraduate student member. They did so by altering section 9 (5) (c) to apply to the undergraduate student member only and by inserting a paragraph similar to that paragraph (section 9 (5) (cl)) to apply to the postgraduate student member. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments by way of statute law revision | Schedule 2 |
The unintended consequence of those amendments is that section 9 (5) (d) (i), which deals with certain other members of the Council and excludes (among others) “students having the qualifications referred to in paragraph (c) (ii)”, now excludes only undergraduate students, instead of (as before) both undergraduate and postgraduate students. Item (1) of the proposed amendments deals with that unintended consequence.
A similar amendment to clause 1 (d) of Schedule 1 (which provides for the term of office of certain members of the Council) is required to ensure that provision is made for the term of office of the postgraduate student member. Item (2) of the proposed amendments inserts the necessary cross-reference.
| 2.28 | Water Board (Corporatisation) Act 1994 N o 88 | |
| Schedule 9 Savings, transitional and other provisions | ||
| Omit “section 106” wherever occurring in clauses 2 ( 1) and 10 (2). Insert instead “section 107”. | ||
| Comm encem ent | ||
| The amendment to the Water Board (Corporatisation) Act 1994 commences on the date of assent to this Act. | ||
| Explanatory note | ||
| The proposed amendment corrects wrong cross-references. | ||
| 2.29 | Workers C om pensation Act 1987 N o 70 | |
| Section 172 Recovery of unpaid premiums | ||
| Omit “and” where lastly occurring in section 172 (1). | ||
| Commencement | ||
| ||
| of assent to this Act. | ||
| Explanatory note | ||
| The proposed amendment omits an unnecessary word. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
| S c h e d u l e 3 | A m e n d m e n t s r e p l a c i n g g e n d e r - s p e c i f i c l a n g u a g e |
(Section 3)
Explanatorynote
The amendments proposed to be made by this Schedule replace gender-specific language with gender-neutral language.
| 3.1 | Banks and Bank Holidays Act 1912 N o 43 |
| [1] | Section 8 (2) Omit “he”. Insert instead “that person”. |
| [2] | Section 10 Omit “his” wherever occurring. Insert instead “the person's”. |
| [3] | Section 10 Omit “he” where firstly occurring. Insert instead “the person”. |
| [4] | Section 10 Omit “he” where secondly occurring. Insert instead “the proprietor or member”. |
| [5] | Section 18 Omit “he”. Insert instead “the person”. |
| [6] | Section 20 Omit “he”. Insert instead “the Governor”. |
| [7] | Fourth Schedule, Part 2 Omit “His Majesty or His Successor”. Insert instead “the Sovereign”. |
| 3.2 | Bookmakers (Taxation) Act 1917 No 15 |
| [1] | Section 2, definition of bookmaker Omit “his”. Insert instead “a”. |
| [2] | Section 12 (2) Omit “His Majesty”. Insert instead “the Crown”. |
| [3] | Section 12 (2A) Omit “he”. Insert instead “the Minister”. |
| [4] | Section 14 (2) Omit “he”. Insert instead “the member of the police force or the authorised person”. |
| [5] | Section 14 (2) Omit “to him”. |
| [6] | Section 14 (3) Omit “him”. Insert instead “such person”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 2 3
Omit “His Majesty”. Insert instead “the Crown”.
Section 2 4 (2)
Omit “his business” wherever occurring.
Insert instead “business as a bookmaker”.
Section 2 4 (2)
Omit “his so”.
Section 2 4 (2), (3) and (4)
Omit “he” wherever occurring. Insert instead “the bookmaker”.
Section 2 4 (3) and (4)
Omit “his” where firstly occurring in each subsection.
Section 2 4 (3) and (4)
Insert “or her” after “his” where secondly occurring in each subsection.
Section 2 6 (1)
Omit “his”.
Section 2 6 (1)
Omit “he”. Insert instead “the bookmaker”.
Section 2 6 (1)
Insert “or her” after “him”.
Section 26A (1)
Omit “his”.
Section 26A (1)
Omit “he”. Insert instead “the bookmaker's clerk”.
Section 26 A (1)
Insert “or her” after “him”.
Section 2 7 (1) (a)
Omit “he”. Insert instead “the bookmaker”.
Section 3 0 Omit “his”.
Section 3 5
Omit “Chairman” wherever occurring. Insert instead “Chairperson”.
Section 3 5 (2)
Omit “his”. Insert instead “the member's”.
Section 3 5 (2)
Insert “or she” after “he”.
Section 3 5 (3) and (6)
Omit “his”. Insert instead “the Director's''.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
| [25] | Section 38 (2) (b) Omit “his”. Insert instead the bookmaker's”. |
| 3.3 | Commercial Agents and Private Inquiry Agents Act 1963 No 4 |
| [1] | Section 2 (3) Omit “by him”. |
| [2] |
Section 4, definitions of commercial agent, private inquiry agent Omit “he” wherever occurring. Insert instead “the person”.
| [3] |
Section 4, definition of money received for or on behalf of any Omit “his behalf”. Insert instead “behalf of the person”.
| [4] | Section 4, definition of subagent Omit “his”. Insert instead “the person's''. |
| [5] | Section 5 (1) (a)-(g) Insert “or her” after “his” wherever occurring. |
| [6] | Section 5 (3) (a) Omit “his”. |
| m | Section 5 (3) (b) Omit “him” wherever occurring. Insert instead “the person”. |
| [8] | Section 5 (3) (b) Omit “such person”. Insert instead “the person”. |
| [9] | Section 6 (1) Omit “he” wherever occurring. Insert instead “the person”. |
| [10] | Section 6 (1) (c) Insert “ , herself or itself” after “himself”. |
| [11] | Section 7 (1) Omit “his”. |
| [12] | Section 7 (1) Omit “he”. Insert instead “the person”. |
| [13] | Section 7 (2) Omit “him”. Insert instead “the person”. |
| [14] | Section 7 (2) Omit “his”. Insert instead “the relevant”. |
[15] Section 10 (4) (a) and (b) Omit “he” wherever occurring. Insert instead “the clerk”.
| [16] | Section 10 (4) (b) Omit “his”. Insert instead “the”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 10 (5) (c)
Omit “he”. Insert instead “the officer”.
Section 10 (5) (c)
Omit “his”. Insert instead “the”.
Section 10 (6)
Omit “he” wherever occurring. Insert instead “the applicant”.
Section 10 (9)
Omit “he issues the licence”. Insert instead “the licence is issued”.
Section 11 (1)
Omit “his” where firstly occurring. Insert instead “the relevant”.
Section 11 (1)
Omit “he” wherever occurring. Insert instead “the person”.
Section 11 (1) (a) and (3)
Omit “his” wherever occurring. Insert instead “the”.
Section 11 (3)
Omit “him”. Insert instead “that person”.
Section 12 (1)
Omit “his” where firstly occurring. Insert instead “the relevant”.
Section 12
Omit “he” wherever occurring. Insert instead “the person”.
Section 12
Omit “his licence” wherever occurring (except where firstly occurring).
Insert instead “the”.
Section 12 (7)
Omit “his”. Insert instead “the person's”.
Section 16 (2)
Omit “his”.
Section 16 (2)
Omit “by him”. Insert instead “under section 15”.
Section 17 (1)
Insert “or her” after “his” where firstly occurring.
Section 17 (1)
Omit “his or” wherever occurring. Insert instead “his, her or”.
Section 17 (1)
Insert “, she” after “he” wherever occurring.
Section 17 (2)
Omit “his”. Insert instead “the person's”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 1 8
Omit “he”. Insert instead “the subagent”.
| Section | 1 9 (1) |
Omit “his”. Insert instead “the agent's”.
Section 19(3)
Omit “he” where firstly occurring. Insert instead “the person”.
Section 19(3)
Omit “he” where secondly occurring. Insert instead “the person charged”.
Section 2 0 (1) and (1 A)
Omit section 20 (1). Insert instead:
| (1) | Any commercial agent or private inquiry agent who, by any statement, representation or promise that is false, misleading or deceptive (whether to the agent's knowledge or not), induces any person to enter into an agreement or contract in connection with the agent's business as a commercial agent or private inquiry agent is guilty of an offence against this Act. |
| (1A) | Any subagent who, by any statement, representation or promise that is false, misleading or deceptive (whether to the subagent's knowledge or not), induces any person to enter into an agreement or contract in connection with the business of the commercial agent or private inquiry agent for whom the subagent carries on any of the functions of a commercial agent or private inquiry agent is guilty of an offence against this Act. |
Section 2 0 (2)
| Insert “or (1 | A),” after “subsection (l)”. |
Section 2 0 (3 )
Omit “he” wherever occurring. Insert instead “the person”.
Section 21
Omit “his” wherever occurring. Insert instead “the agent's”.
Section 21
Omit “he” wherever occurring. Insert instead “the agent”.
Section 2 2
Omit “he”. Insert instead “the agent”.
Section 2 3
Omit “his”. Insert instead “the agent's or subagent's”.
Section 2 4
Omit “him”. Insert instead “the holder,”.
Section 2 4
Omit “he” wherever occurring. Insert instead “the holder”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 24
Omit “his entering”. Insert instead “the entry of”.
Section 2 5
Omit “his” where firstly occurring.
Insert instead “the agent's or subagent's”.
Section 2 5
Omit “his” where seeondly and thirdly oeeurring. Insert instead “the”.
Section 2 5
Insert ‘‘, herself or itself‘” after “himself”.
Section 2 6
Omit “him''. Insert instead “the person”.
Section 2 6
Omit “he”. Insert instead “the person”.
Section 2 8 (1) and (3)
Omit “his” wherever occurring. Insert instead “the agent's”.
Section 2 8 (1)
Omit “him”. Insert instead “the agent”.
Section 2 9 (1)
Omit “he is”.
Section 2 9 (1)
Omit “his”. Insert instead “the owner's''.
Section 2 9 (2)
Omit “him”. Insert instead “the creditor”.
Section 3 0
Omit “his” wherever occurring. Insert instead “the agent's”.
Section 3 0 (2)
Omit “him”. Insert instead “the agent”.
Section 3 1 (1)
Omit “he”. Insert instead “such person”.
Section 3 1 (5)
Omit “his”. Insert instead “the agent's”.
Section 33 (1)
Omit “him” wherever occurring. Insert instead “the agent”.
Section 3 3 (1) (b)
Omit “his”. Insert instead “the agent's”.
Section 3 3 (2)
Omit “his”. Insert instead “such agent's”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 34 (2)
Omit “his” where firstly occurring. Insert instead “the person's”.
Section 34 (2)
Omit “his” wherever occurring (except where firstly occurring).
Insert instead “the agent's”.
Section 34 (2)
Insert “or her” after “him” wherever occurring.
Section 34 (5) (a)
Insert “or her” after “his”.
Section 34 (5) (b)
Omit “his”. Insert instead “the person's''.
Section 34 (5) (c)
Omit “him”. Insert instead “the person”.
Section 34 (5)
Omit “he”. Insert instead “such person”.
Section 34 (5)
Insert “or herself” after “himself”.
Section 35 (2) (a)
Omit “his”. Insert instead “the agent's”.
Section 37 (1)
Omit “his” wherever occurring. Insert instead “the agent's”.
Section 37 (1)
Omit “him”. Insert instead “the agent”.
Section 38 (1)
Omit “him”. Insert instead “the subagent”.
Section 38 (1)
Omit “his”. Insert instead “the”.
Section 39
Omit “his capacity as a”. Insert instead “the capacity of”.
Section 39A, paragraph (a) of the definition of property
Omit “his, her or their”. Insert instead “the licensee's or firm's”.
Section 39B (1)
Omit “his, her or their”. Insert instead “the licensee's or firm's”.
regulations”.
Section 41 (1)
Omit “a person convicted of an offence against this Act or the regulations is a body
corporate”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 41 (1)
Omit “he” wherever occurring. Insert instead “the person”.
Section 41 (1)
Omit “his”. Insert instead “the person's”.
Construction Safety Act 1912 No 38 Section 3 (1), definition of constructor Insert “or herself” after “himself”.
Section 3 (1), definition of constructor
Omit “his”. Insert instead “the person's”.
Section 5A (1)
Omit “he”. Insert instead “the Minister”.
Section 5A (3)
Omit “chairman”. Insert instead “chairperson”.
Section 14 (1) and (2)
Omit “he” where firstly occurring. Insert instead “the person so directed”.
| [6] | Section 14(1) Omit “he” where secondly occurring. Insert instead “the owner, lessee or manager”. |
| Section 14 (2) Omit “he” where secondly occurring. Insert instead “the owner or person in charge”. |
Section 15 (1) and (2)
Omit “he” wherever oeeurring. Insert instead “the inspeetor”.
| Section 15 (4) Omit “he” wherever occurring. Insert instead “the Minister”. |
| [10] |
Sections 15 (4) and (5), 17 (2) and (6) (a), 17A (1A), (IB) and Omit “him” wherever occurring. Insert instead “the person”.
| Section 17 (6) Omit “he”. Insert instead “the Minister”. |
| Section 17 (7) Insert “or her” after “his” where firstly occurring. |
| Section 17 (7) (a) Omit “him”. Insert instead “the holder”. |
| Section 17 (7) (b) Omit “his”. Insert instead “the holder's''. |
[15] Sections 17 (4), 17A (1) and (2) and 18 (2) Omit “he” wherever occurring. Insert instead “the person”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Sections 17 (6) (b), 17A (4), 18 (1) and 20
Omit “his” wherever occurring. Insert instead “the person's”.
Section 17A (4)
Omit “he”. Insert instead “the Minister”.
Section 17A (5)
Omit “his certificate” wherever occurring. Insert instead “the certificate”.
Section 17A (5)
Omit “him''. Insert instead “the holder”.
Section 22 (3C) (a)
Insert “or herself” after “himself”.
Section 22 (3C) (a)
Omit “it or he”. Insert instead “the council, authority or person concerned”.
Crimes Prevention Act 1916 No 80
Sections 2 and 4
Omit “he”. Insert instead “that person”.
Criminal Appeal Act 1912 No 16
Section 19 (1)
Omit “him”. Insert instead “the registrar”.
Section 22
Omit “he”. Insert instead “the appellant”.
Section 22
Omit “his”. Insert instead “the appellant's”.
Section 25
Omit “himself”. Insert instead “the appellant”.
Dental Technicians Registration Act 1975 No 40
Sections 5 (2), 12, 14 (2) (a) and (b), 15 (1) (c), 19 (2) and (5),
19A (5), 20 (3) and 28 (2) and (4)
Omit “his” wherever occurring. Insert instead “the person's”.
Sections 6 (2) (b) and (2A), 9 (2) and 20 (2) and (4)
Omit “chairman” wherever occurring. Insert instead “chairperson”.
Section 6 (4)
Omit “his”. Insert instead “the member's''.
Section 6 (6 )
Omit “his” wherever occurring. Insert instead “the member's”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
| [5] | Section 7 Omit the section. Insert instead: |
7 Vacation of office
|
| (a) | dies, or |
| (b) | becomes a mentally incapacitated person, or |
| (c) | becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or |
| (d) | is convicted in New South Wales of an offence that is punishable by penal servitude or imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or |
| (e) | resigns office by instrument in writing addressed to the Governor, or |
| (f) | is absent from 3 consecutive meetings of the board of which reasonable notice has been given to the member personally or in the ordinary course of post unless, before the expiration of 6 weeks after the last of those meetings, the member is excused by the board for having been absent from those meetings, or |
| (g) | not being the member appointed under section 6 (1) (a), ceases to hold the qualification by which he or she was nominated for appointment as a member, or |
| (h) | is removed from office by the Governor under subsection (2). |
| (2) | The Governor may at any time and for any reason remove a person from office as a member. |
| [6] | Section 8 (1) Omit “he”. Insert instead “the member”. |
| [7] | Section 8 (1) Omit “his predecessor's”. Insert instead “the member's''. |
| [8] | Section 8 (1) Omit “his predecessor”. Insert instead “the member”. |
| [9] | Section 10 Omit “him”. Insert instead “the member”. |
| [10] |
Sections 14 (2) (c) and (d), 15 (1), (4), (5) (a) and (6), 18B (1), Omit “he” wherever occurring. Insert instead “the person”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Sections 17 (2), 18 (c), 19 (1), 25 (1), 27 (b) and 29 (1)
Omit “he” wherever occurring. Insert instead “the dental technician".
Sections 17 (2), (3) and (4), 18 (a) and 28 ( 1 ) , (1A) and (5)
Insert “or her” after “his” wherever occurring.
Sections 17 (3 ) and (4) and 18A (2) (d)
Omit “him” wherever occurring. Insert instead “the dental technician”.
Sections 18A (2), 19 (1) and (3 ) and 25 (1) (b)
Omit “his” wherever occurring. Insert instead “the dental technician's'.
Sections 18B (1) (a), 18E (1) and 26 (1) (c)
Omit “him” wherever occurring. Insert instead “the person'.
Section 18D (3)
Omit the subsection. Insert instead:
| (3) | If a dental prosthetist does not pay the practising fee on or before 31 March in any year, the board must forthwith notify the dental prosthetist by letter addressed to him or her at the address appearing in the register that, if the fee is not paid on or before 30 June next following, his or her practising certificate will be cancelled. |
Section 18D (4)
Omit “him”. Insert instead “the dental prosthetist”.
Sections 18D (4), 19A (1) and 21 (3) (a1)
Omit “his” wherever occurring. Insert instead “the dental prosthetist's”.
Section 20 (5)
Omit “him” wherever occurring. Insert instead “the delegate”.
Section 20 (5)
Omit “his”. Insert instead “the delegate's”.
Section 21 (3) (a1)
Omit “he”. Insert instead “the dental prosthetist”.
Sections 24 and 28 (1A)
Insert “or herself” after “himself” wherever occurring.
Section 25 (3)
Omit “his”. Insert instead “the inspector's”.
Section 26 (3)
Omit “a person employed by him”.
Insert instead “an employee of the person”.
Section 32
Omit “he”. Insert instead “the director or officer”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
| 3.8 | Factors (Mercantile Agents) Act 1923 No 2 |
| [1] | Section 3, definition of mercantile agent Omit “his”. |
| [2] | Section 5 (1) Omit “him”. Insert instead “the agent”. |
| [3] | Section 5 (1) Omit “he”. Insert instead “the agent”. |
| [4] | Section 6 (3) and (4) Omit “his” wherever occurring. Insert instead “the agent's”. |
| [5] | Section 6 (3) Omit “him”. Insert instead “the agent”. |
| [6] | Section 9 (1) (a) and (b) Omit “his” wherever occurring. Insert instead “the agent's”. |
| [7] | Section 9 (1) (a) Omit “himself”. Insert instead “the agent”. |
| [8] | Section 9 (1) (a) Omit “him”. Insert instead “the agent”. |
| [9] | Section 9 (1) (d) Omit “if by him required”. Insert instead “if required by the agent”. |
| [10] | Section 9 (1) (d) Omit “his”. Insert instead “the person's”. |
| [11] | Section 9 (2) Omit “him” wherever occurring. Insert instead “the owner”. |
| [12] | Section 9 (2) Omit “he”. Insert instead “the owner”. |
| 3.9 | Forestry Act 1916 No 55 |
| [1] | Section 5 (2) (a) and (7) (a) Omit “his” wherever occurring. Insert instead “the Commissioner's”. |
| [2] | Section 5 (7) (b) Omit “he acts”. Insert instead “acting”. |
| [3] | Section 5 (7) (b) Omit “he” where secondly occurring. Insert instead “the deputy”. |
| [4] | Section 5 (7) (c) Omit “his”. Insert instead “the deputy's”. |
| [5] | Section 8A (3) Omit “him”. Insert instead “the Minister”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 9B (1)
Omit “him”. Insert instead “the Minister”.
Section 9B (1)
| Omit “he”. Insert instead | the Minister”. |
| Section 9B (2) | |
| Omit “his”. Insert instead | “the inspector's”. |
| Section 10A (6) | |
| Omit “his”. Insert instead | “the delegate's”. |
Section 11 (1) (m) (iii)
Omit “his” wherever occurring. Insert instead “that person's”.
Section 11 (1) (m) (iii)
Omit “him”. Insert instead “that person”.
Section 11 (4)
Omit “he”. Insert instead “the holder”.
Section 11C (1) (a)
Insert “or her” after “his”.
Section 16A
Omit “Her Majesty” wherever occurring. Insert instead “the Crown”
Section 16A (3) and (4)
Omit “he” wherever occurring. ‘Insert instead “the Minister”.
Section 16A (5) (b)
Omit “him”. Insert instead “the Minister”.
Section 18 (1)
Omit “His Majesty”. Insert instead “the Crown”.
Section 18 (1)
Omit “he”. Insert instead “the Governor”.
Section 19B (1)
Omit “his”. Insert instead “the Minister's''.
Section 20A (1)
Omit “he”. Insert instead “the Minister”.
Section 25A (5) (c)
Omit “his''. Insert instead “the Minister's''.
Section 25A (5) (c)
Omit “him”. Insert instead “the Minister”.
Section 25F (4)
Omit “either by itself or himself”.
Section 25F (4)
Omit “workmen”. Insert instead “workers”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 27 (3) (a)
Omit “his” where firstly occurring. Insert instead “the person”.
Section 27 (3) (a) (v)
Omit “his”. Insert instead “the person's”.
Section 27 (3) (d)
Omit “he”. Insert instead “the person”.
Section 27 (3) (d)
Omit “his”. Insert instead “the person's”.
Section 29
Omit “he” wherever occurring. Insert instead “the person”.
Section 29 (3) (a)
Omit “his”. Insert instead “the person's”.
Sections 30H (1), 32E (b) (i) and 48 (2)
Omit “he” wherever occurring. Insert instead “the person”.
Section 31 (4)
Omit “he”. Insert instead “the holder”.
Section 32C (2) and (3)
Omit “his” wherever occurring. Insert instead “the person's”.
Section 32C (3)
Omit “he”. Insert instead “the person”.
Section 32D
Omit “he” wherever occurring.
Insert instead “the member of the police force or person so authorised”.
Section 32D (1) (a)
Insert “or her” after “him”.
Section 32D (1) (b) (ii)
Omit “him''.
Insert instead “the member of the police force or person so authorised”.
Section 32D (1) (b) (ii)
Omit “his”. Insert instead “the”.
Section 32D (3)
Omit “his” where firstly occurring. Insert instead “an”.
Section 32D (3)
Omit “his” where secondly occurring. Insert instead “the person's”.
Section 32D (3)
Omit “on him”.
Sections 32E (b) (i) and (c) and 33A (3)
Omit “Her Majesty” wherever occurring. Insert instead “the Crown”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 32G (2)
Omit “he”. Insert instead “the defendant”.
Section 35A (3)
Omit “he” wherever occurring. Insert instead “that person”.
Section 35A (5)
Omit “he”. Insert instead “the person”.
Section 38 (1)
Omit “his”. Insert instead “the person's”.
Section 38 (1) (b)
Omit “him” wherever occurring. Insert instead “that person”.
Section 38 (1) (c)
Omit “he” wherever occurring. Insert instead “the person so authorised”.
Section 38A (2)
Omit “he”. Insert instead “the person so authorised”.
Section 38A (2) and (3)
Omit “his full name and his” wherever occurring.
Insert instead “the person's full name and”.
Section 38A (3)
Omit “he”. Insert instead “the driver”.
Section 38A (4)
Omit “his” wherever occurring. Insert instead “the person's”.
Section 38B (2) (b)
Omit “his”. Insert instead “that person's”.
Section 38B (4)
Omit “he”. Insert instead “the defendant”.
Section 38B (5)
Omit “he”. Insert instead “that person”.
Section 38C (1), paragraph (b) of the definition of owner
Omit “him”. Insert instead “the person”.
Section 38C (2)
Omit “he”. Insert instead “the person”.
Section 38C (4)
Omit “he” wherever occurring. Insert instead “the person”.
Section 38C (4)
Omit “him” wherever occurring. Insert instead “the person”.
Section 39
Omit “His Majesty”. Insert instead “the Crown”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 41 (1) (j)
Omit “his”. Insert instead “the person's''.
Section 43 (1) (b)
Omit “he” wherever occurring. Insert instead “the member or person”.
Section 43 (2D) (b) ( i) and (c)
Omit “Her Majesty” wherever occurring. Insert instead “the Crown”.
Section 43 (2D) (b) ( i)
Omit “he”. Insert instead “the person”.
Section 44 (1) (a)
Omit “his” wherever occurring. Insert instead “the officer's or person's''
Section 44 (2)
Omit “his”. Insert instead “the officer's”.
Section 46A (4) (b)
Omit “him”. Insert instead “the person”.
Section 46A (4) (b)
Omit “his”. Insert instead “the person's”.
Grants for Public Worship Prohibition Act 1902 No 70
Section 3
Insert “or she” after “he”.
Hawkers Act 1974 No 23
Section 4 (2)
Omit “him he”. Insert instead “the person, the person”.
Section 4 (2)
Insert “or herself” after “himself”.
Section 4 (2)
Insert “or her” after “his”.
Section 5
Insert “or herself’ after “him self’.
Section 6 (2) (a)
Omit “him”. Insert instead “that officer”.
Section 7 (1)
Omit “he”. Insert instead “the person”.
Section 7 (2)
Omit “he”. Insert instead “the clerk”.
Section 8 (1)
Omit “his”. Insert instead “the licensee's”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 8 (1)
Omit “he”. Insert instead “the licensee”.
[10] Section 8 (3) Omit “of him”.
| [11] | Section 10 Omit “his” wherever occurring. Insert instead “the licensee's”. |
| [12] | Section 10 Omit “him”. Insert instead “the licensee”. |
| [13] | Section 11 Omit “him”. Insert instead “the person”. |
| [14] | Section 12 Omit “his licence”. Insert instead “the licence held by the licensee”. |
| [15] | Section 12 (b) Omit “he”. Insert instead “the licensee”. |
| [16] | Section 13 (b) Insert “or her” after “his”. |
| [17] | Section 14 Omit “his licence” where firstly occurring. Insert instead “the licence held by the licensee”. |
| [18] | Section 14 Omit “his” where .secondly occurring. Insert instead “the”. |
| 3.12 | Homing Pigeons Protection Act 1909 (1910 No 1) Section 4 Omit “he”. Insert instead “the person”. |
| Section 6 Omit “his”. Insert instead “the person's”. | |
| Section 6 Omit “he”. Insert instead “the person”. | |
| 3.13 | Housing Act 1912 No 7 Section 2 (l), definition of purchaser Omit “his”. Insert instead “the person's”. |
| Section 18 (2) Omit “him or it”. Insert instead “the Minister, Department or statutory body” | |
| Section 24 Omit “his” wherever occurring. Insert instead “the person's”. | |
| Section 24 Omit “him” wherever occurring. Insert instead “the person”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
| [5] | Section 24 (a) Omit “himself”. Insert instead “the person”. |
| [6 ] | Section 25 (2) (a) Omit “his” wherever occurring. Insert instead “the applicant's”. |
| [7] | Section 25 (3 ) Omit “him”. Insert instead “the applicant”. |
| [8] | Section 33 (c) Omit “his”. Insert instead “the owner's”. |
| [9] | Section 34, second paragraph Omit “his”. Insert instead “that person's''. |
| [10] | Section 34, fourth paragraph Omit “him”. Insert instead “the mortgagor”. |
| 3.14 | Innkeepers Act 1968 No 24 |
| [1] | Sections 4 and 5 Insert ‘‘or her” after “him” wherever occurring. |
| [2] | Sections 4 and 8 Insert “or she” after “he” wherever occurring. |
| [3] |
Sections 6, 7 (3) and 9 Insert instead “the innkeeper's servant”.
| [4] |
Section 7 servant”).
| [5] | Section 7 (3) (a) Omit “by him”. Insert instead “by the traveller”. |
| [6] | Section 7 (3) (b) Omit “he”. Insert instead “the traveller”. |
| [7] | Section 8 Insert “or her” after “his”. |
| [8] | Section 9 Omit “his actions”. Insert instead “the person's actions”. |
| [9] | Schedule, Notice Omit “his employ”. Insert instead “the innkeeper's employ”. |
| 3.15 | Land Agents Act 1927 No 3 |
| [1] | Section 4 Omit “he” wherever occurring. Insert instead “the person”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 4 (3 )
Omit “him”. Insert instead “the person”.
Sections 4 (5) (b), 6 (1) (d) and (2 ) and 9 Insert “or her” after “his” wherever occurring.
Sections 6 (1) and 8
Insert “or her” after “him” wherever occurring.
Section 8
Omit “he”. Insert instead “the land agent”.
Motor D ealers Act 1 9 7 4 No 5 2
Long title
Omit “him”. Insert instead “the motor dealer”.
Section 4 (1),paragraph (e) of the definition of financier
Omit “him”. Insert instead “the person”.
Section 4 ( 1 ) , definition of motor vehicle consultant
Omit “he”. Insert instead “the person who wishes to buy a motor vehicle”.
| [4] |
Sections 24 (2) and (3), (5)-(7) and (11), 27 (3), 29 ( 1) , 38 (6) and Omit “he” wherever occurring. Insert instead “the dealer”.
| Sections 24 (11), 25 (5) (a), 30 (2) and 4 0 (5) Omit “he” wherever occurring. Insert instead “the person”. |
[6] Sections 24 (3) and (5)-(7) and 29 (2) (b) Omit “him” wherever occurring. Insert instead “the purchaser”.
| Section 24 (11) Omit “him” wherever occurring. Insert instead “the person”. |
| Sections 24 (11) (b), 25 (5) (b), 26 (b), 4 0 (1) and 57 (2) (a) and (c) Omit “his” wherever occurring. Insert instead “the person's”. |
| Section 25 (2) Omit “him”. Insert instead “the other trade owner”. |
| Sections 25 (5) (a) and (b), 26 (a), 44 and 57 (2) (c) Omit “him” wherever occurring. Insert instead “the person”. |
| Section 25 (6) Omit “him”. Insert instead “the auctioneer”. |
| Section 25 (6) Omit “he” wherever occurring. Insert instead “the auctioneer”. |
| Section 26 (b) Omit “he”. Insert instead “the accused person”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Sections 27 (1) and (2) and 51
Omit “his” wherever occurring. Insert instead “the dealer's”.
Section 27 (3), (4) and (5)
Omit “him” wherever occurring. Insert instead “the dealer”.
Sections 27 (6) and 29A (3)
Omit “his” wherever occurring. Insert instead “any”.
Section 28 (4)
Omit “he” wherever occurring. Insert instead “the proposed purchaser”
Section 29A (1) and (2)
Omit “his” wherever occurring.
S ection s 29A (4), 29B and 46 (2A)
Omit “he” wherever occurring. Insert instead “the operator”.
Section 31 (2)
Omit “him”. Insert instead “the Commissioner”.
Sections 32 (1), 33 (2) and 35 (3) (a) and (6)
Omit “his” wherever occurring. Insert instead “the Commissioner's”.
Sections 33 (1), 34 (6) and 35 (2) and (6)
Omit “he” wherever occurring. Insert instead “the Commissioner”.
Section 34 (8)
Omit “him”. Insert instead “the member”.
Section 35 (3) (b)
Omit “his”. Insert instead “the manufacturer's''.
Section 40 (4)
Omit “him”. Insert instead “the claimant”.
Sections 52 (1) and 53
Omit “his” wherever occurring. Insert instead “that person's”.
Section 55 (4)
Omit “his” wherever occurring. Insert instead “the informant's”.
Section 55 (4)
Omit “himself”. Insert instead “personally”.
Section 55 (4)
Omit “him”. Insert instead “the informant”.
Section 55C (1) (a) and (b)
Omit “Her Majesty” wherever occurring. Insert instead “the Crown”.
Notification of Births Act 1915 No 4
Section 3 (4)
Omit “he” wherever occurring. Insert instead “the person”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
| 3.18 | Ombudsman Act 1974 N o 68 |
| [1] | Long title Omit “his functions”. Insert instead “the functions of the Ombudsman”. |
| [2] | Section 5 ( l) , paragraph (f) of the definition of public authority Insert “or her” after “his”. |
| [3] | Section 6 (2) Insert “or her” after “his”. |
| [4] | Section 6 (3) and (4) Omit section 6 (3) and (4). Insert instead: |
| (3) | A person is not eligible for appointment as Ombudsman if the person: | |||||||
| ||||||||
| (4) | The Ombudsman vacates the office of Ombudsman: | |||||||
|
| [5] | Section 6 (5) Omit “his”. |
| [6] | Section 6 (7 ) (b) Omit “him”. Insert instead “the Ombudsman”. |
| [7] | Section 7 (1) Omit “his office”. Insert instead “the office of Ombudsman”. |
| [8] | Section 7 (2) Omit “him”. Insert instead “the Ombudsman”. |
| [9] | Section 10 (6) Omit “him”. Insert instead “the Ombudsman”. |
| [10] | Section 12 (2) Insert “or her” after “his”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 1 2 (3 )
Insert “or her” after “him”.
Section 1 2 (3 )
Insert “or she” after “he”.
Section 1 2 (5) and (6 )
Omit “he” wherever occurring. Insert instead “the member”.
Section 1 2 (6 )
Omit “him”. Insert instead “the member”.
Section 13(1)
Omit “him”. Insert instead “the Ombudsman”.
Section 1 3 (4 )
Insert “or her” after “him”.
Section 1 3 (4 ) (a)
Insert “or she” after “he”.
Section 1 3 (4 ) (b)
Insert “or her” after “his”.
Sections 1 4 (6) (a) and 2 9 (c)
Insert “or she” after “he” wherever occurring.
Section 1 5 (1)
Omit “his decision” where firstly occurring. Insert instead “his or her decision”.
Section 1 5 (1)
Omit “his decision” where secondly occurring. Insert instead “the decision”.
Section 1 6 (1)
Omit “he”. Insert instead “the Ombudsman”.
Section 1 6 (1)
Omit “his decision”. Insert instead “the decision”.
Section 1 6 (1) (a)
Omit “him”. Insert instead “the complainant”.
Section 1 8 (1)
Omit “him” wherever occurring. Insert instead “the Ombudsman”.
Section 2 4 (2 ) (b)
Omit “him”. Insert instead “the person”.
Section 2 5 (1)
Omit “him”. Insert instead “that Minister”.
Section 25 (2 ) (a)
Insert “or she” after “he”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 3 | Amendments replacing gender-specific language |
Section 25 (2) (b)
Omit “him”. Insert instead “that Minister”.
Section 27 (1)
Omit “he”. Insert instead “the Ombudsman”.
Section 28
Omit “his functions”. Insert instead “his or her functions”.
Section 28
Omit “his opinion”. Insert instead “the opinion”.
Section 28
Omit “his reasons”. Insert instead “reasons for the opinion”.
Section 31 (1)
Omit “his functions”. Insert instead “the Ombudsman's functions”.
Sections 31E Chairperson and Vice-Chairperson and 31F
Omit “Chairman” wherever occurring. Insert instead “Chairperson”.
Sections 31E and 31F
Omit “Vice-chairman” wherever occurring. Insert instead “Vice-Chairperson”
Section 31H (5)
Omit “Chairman”. Insert instead “Chairperson”.
Section 32 (3)
Omit “he”. Insert instead “the person”.
Section 32 (3)
Insert “or her” after “his”.
Section 33 (2)
Insert “or her” after “his” where firstly occurring.
Section 33 (2), (3) and (5)
Omit “his appointment as Ombudsman” wherever occurring.
Insert instead “being appointed Ombudsman”.
Section 33 (2)
Omit “he” where firstly occurring. Insert instead “the Ombudsman”.
Section 33 (2) (a)
Omit “him”. Insert instead “the Ombudsman”.
Section 33 (2) (b)
Insert “or she” after “he”.
Section 33 (2)
Omit “as if he had continued”.
Insert instead “as if the Ombudsman had continued”.
Section 33 (2)
Omit “his service” where firstly occurring.
Insert instead “his or her service”.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments replacing gender-specific language | Schedule 3 |
Section 33 (2)
Omit “his service” where secondly occurring.
Insert instead “the Ombudsman's service”.
Section 33 (2) (d) and (e)
Omit “he” wherever occurring. Insert instead “the Ombudsman”.
Section 33 (2) (e)
Omit “his employer”. Insert instead “the Ombudsman's employer”.
Section 33 (3)
Omit “he” where firstly occurring. Insert instead “the Ombudsman”.
Section 33 (3)
Omit “his becoming”. Insert instead “becoming”.
Section 33 (3)
Omit “while he holds office”. Insert instead “while holding office”.
Section 33 (3) and (4)
Omit “him” wherever occurring. Insert instead “the Ombudsman”.
Section 33 (3)
Omit “he becomes”. lnsert instead “the Ombudsman becomes”.
Section 33 (4)
Insert “or her” after “his”.
Section 33 (4)
Insert “or she” after “he”.
Section 33 (5)
Insert “or her” after “his” where firstly occurring.
Section 33 (5)
Omit “he” where firstly occurring. Insert instead “the Ombudsman”.
Section 33 (5)
Insert “or she” after “he” where secondly, thirdly and fourthly occurring.
| [60] | Section 34 (1) Omit “him”. Insert instead “the Ombudsman or officer”. |
| [61] | Section 34 (1) Omit “his”. Insert instead “the Ombudsman's or officer's”. |
| [62] | Section 34 (1) (d) Insert “or her” after “his”. |
| Section 35 (1) Omit “him”. Insert instead “the Ombudsman or officer”. | |
| [64] | Section 35 (1) Omit “his”. Insert instead “the Ombudsman's or officer's”. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments transferring provisions | Schedule 4 |
| 4.7 | Roads Act 1993 No 33 |
| [1] | Schedule 2 Savings, transitional and other provisions |
| Insert after clause 6: | |
| 6A Application of section 145 (3) to new public roads |
| (1) | This clause applies to any public road (other than a freeway or a Crown road) within a local government area, being a road that is owned by a public authority (other than the council of the area) after 1 July 1993 but before the day appointed by proclamation under clause 6 (4). |
| (2) | Section 145 (3) does not operate to divest any such public road from the public authority in which it is vested for so long as this clause remains in effect with respect to the road. |
| (3) | This clause ceases to have effect with respect to any public road if a regulation is made under this Act declaring that the same or some other public authority is the roads authority for the road. |
| (4) | This clause ceases to have effect on the day appointed by proclamation under clause 6 (4). |
| (5) | This clause is taken to have commenced on 1 July 1993. |
[2] Schedule 2
Insert after clause 15:
15A Preservation of delegations and authorisations
| (1) | Any delegation or authorisation in force under a provision of the State Roads Act 1986, the Crown and Other Roads Act 1990, Part 9 of the Local Government |
| Act 1919, the Public Gates Act 1901 or the Traffic Safety (Lights and Hoardings) Act 1951 continues to have | |
| effect as if it had been granted under the corresponding provision of this Act, and may be amended or revoked accordingly. | |
| (2) | This clause is taken to have commenced on 1 July 1993. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 4 | Amendments transferring provisions |
[3] Schedule 2
Insert after clause 16:
16A Transferred provisions to which Interpretation Act 1987
applies (section 30A)
Clauses 6A, 15A, 64A and 64B re-enact (with minor modification) clauses 4-7 of the Roads (Savings and
Transitional) Regulation 1993. Clauses 6A, 15A, 64A
and 64B are transferred provisions to which section 30A
of the Interpretation Act 1987 applies.
[4] Schedule 2
Insert after clause 64:
64A Continued application of savings and transitional
provisions under the repealed Act
| (1) | Without affecting clause 64, clauses 2 and 6 of Schedule 2 to the repealed Act, and the remaining provisions of that Act to the extent to which it is necessary to give effect to those clauses, continue to have effect as if that Act had not been repealed. |
| (2) | This clause is taken to have commenced on 1 July 1993. |
64B Disposal of land from roads closed under the repealed
Act
| (1) | Without affecting clause 64, sections 38 (2), 42, 43 and 44 apply to and in respect of land comprising a former road closed in accordance with: | |||
| ||||
| in the same way as they apply to and in respect of land comprising a former public road closed under Part 4. | ||||
| (2) | This clause is taken to have commenced on 1 July 1993. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Amendments transferring provisions | Schedule 4 |
Commencement
The amendments to the Roads Act 1993 commence on the date of assent to this
Act.
Explanatorynote
The amendments made by items (l), (2) and (4) re-enact, in Schedule 2 (Savings, transitional and other provisions) to the Principal Act, the substance of certain transitional provisions (of possible on-going effect) contained in the Roads (Savings and Transitional) Regulation 1993. The enactment of clauses 6A, 15A, 64A and 64B enables the repeal, by Schedule 5 to this Act, of that Regulation. In accordance with section 30A of the Interpretation Act 1987 (as proposed to be inserted in that Act by an amendment in Schedule 1 to this Act), the transfer does not affect the operation (if any) or meaning of the provisions.
| 4.8 | Traffic A ct 1909 No 5 | |
| Schedule 1 Savings, transitional and other provisions | ||
| Insert after clause 1: | ||
| ||
| 1A Cancellation of licence or registration in default of |
payment of penalty
| (1) | Section 18C, as amended by the Motor Traffic (Penalty | |||
| Defaults) Amendment Act 1987, applies in relation to: | ||||
| ||||
| before, as well as on or after, 1 January 1988. | ||||
| (2) | This clause is taken to have commenced on 1 January 1988. | |||
| (3) | Subclause (1) re-enacts (with minor modification) section 4 of the Motor Traffic (Penalty Defaults) | |||
| Amendment Act 1987. Subclause (1) is a transferred | ||||
| provision to which section 30A of the Interpretation Act | ||||
| 1987 applies. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Schedule 4 Amendments transferring provisions
Commencement
The amendment to the Traffic Act 1909 commences on the date of assent to this
Act.
Explanatorynote
The proposed amendment inserts in Schedule 1 (Savings, transitional and other provisions) to the Traffic Act 1909 the substance of a transitional provision (of possible on-going effect) that is contained in the Motor Traffic (Penalty Defaults) Amendment Act 1987. The enactment of clause 1A enables the repeal, by Schedule 5 to this Act, of that Act. In accordance with section 30A of the Interpretation Act 1987 (as proposed to be inserted in that Act by an amendment in Schedule 1 to this Act), the transfer does not affect the operation (if any) or meaning of the provision.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Repeals | Schedule 5 |
| Schedule 5 | Repeals |
(Section 4)
R ep ea l o f A cts
Scaffolding and Lifts (Amendment) Act 1958 No 3**
Motor Vehicles (Third Party Insurance) and Law Reform (Miscellaneous
Provisions) Amendment Act 1962 No 42**
State Coal Mines (Amendment) Act 1967 No 4** Mines Inspection (Amendment) Act 1967 No 80** Motor Traffic, Metropolitan Traffic and Transport (Amendment) Act 1968
No 2**
Motor Vehicles (Third Party Insurance) Amendment Act 1972 No 35**
Motor Traffic and Transport (Amendment) Act 1974 No 31 **
Coal Mining (Amendment) Act 1974 No 76**
Miscellaneous Acts (Administrative Changes) Amendment Act 1975
No 65**
Miscellaneous Acts (Administrative Changes) Amendment Act (No 2) 1975
No 84**
Coal Mining (Amendment) Act 1976 No 98**
New South Wales Film Council (Dissolution) Act 1977 No 90***
Motor Vehicles (Third Party Insurance) Amendment Act 1977 No 113**
Motor Dealers (Amendment) Act 1978 No 115**
Mines Inspection (Amendment) Act 1978 No 145**
Electricity Development (Amendment) Act 1978 No 148**
Criminal Appeal (Bail) Amendment Act 1978 No 165**
Motor Traffic (Speed Limits) Amendment Act 1979 No 16**
Regional Organisation (Repeal) Act 1979 No 36***
Fisheries and Oyster Farms (Amendment) Act 1979 No 112**
Poisons (Amendment) Act 1979 No 147**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 5 | Repeals |
Gaming and Betting (Race-Meetings) Amendment Act 1979 No 197** Small Businesses' Loans Guarantee (Amendment) Act 1980 No 113** Lotteries and Art Unions (Amendment) Act 1980 No 147**
Pawnbrokers (Amendment) Act 1980 No 150**
Land and Environment Court (Further Amendment) Act 1980 No 153**
Auctioneers and Agents (Amendment) Act 1980 No 189** Electricity Development (Amendment) Act 1980 No 192** Sporting Injuries Insurance (Amendment) Act 1981 No 116**
Moneylending (Repeal) Act 1981 No 125***
University of Wollongong (Advanced Education) Amendment Act 1982
No 30**
Motor Traffic (Road Safety) Amendment Act 1982 No 123**
Health Insurance Levies (Administration) Amendment Act 1983 No 18*
Motor Traffic (Amendment) Act 1983 No 35**
Sporting Injuries Insurance (Amendment) Act 1983 No 71**
Gaming and Betting (Further Amendment) Act 1983 No 89**
Coal Mining (Amendment) Act 1983 No 154**
National Parks and Wildlife (Amendment) Act 1983 No 183**
University and University Colleges (Amendment) Act 1984 No 11**
University of New England (Amendment) Act 1984 No 12**
University of New South Wales (Amendment) Act 1984 No 15**
Electricity Development (Amendment) Act 1984 No 36**
Public Trustee (Amendment) Act 1984 No 64**
Public Finance and Audit (Amendment) Act 1984 No 88**
Fisheries and Oyster Farms (Amendment) Act 1984 No 123**
Pharmacy (Amendment) Act 1984 No 134***
New South Wales State Cancer Council (Amendment) Act 1984 No 137**
Motor Traffic (Road Safety) Amendment Act 1985 No 18**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Repeals | Schedule 5 |
Land and Environment Court (Amendment) Act 1985 No 63**
Landlord and Tenant (Rental Bonds) Amendment Act 1985 No 65**
Optical Dispensers (Amendment) Act 1985 No 68**
Liquor (Further Amendment) Act 1985 No 77**
Motor Vehicles (Third Party Insurance) Amendment Act 1985 No 96**
Motor Dealers (Amendment) Act 1985 No 104**
Petroleum (Compensation) Amendment Act 1985 No 176***
Electricity Development (Amendment) Act 1985 No 206**
Pipelines (Amendment) Act 1985 No 217**
Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985
No 227**
Gaming and Betting (Amendment) Act 1986 No 79**
State Development and Industries Assistance (Amendment) Act 1986
No 83**
Gaming and Betting (Poker Machines) Taxation (Further Amendment) Act
1986 No 154**
Registered Clubs (Further Amendment) Act 1986 No 155** Miscellaneous Acts (Gas) Amendment Act 1986 No 215** Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986
No 220**
Registered Clubs (Entertainment) Amendment Act 1987 No 2**
Liquor (Amendment) Act 1987 No 3**
Miscellaneous Acts (Public Finance and Audit) Amendment Act 1987
No 36**
Motor Traffic (Road Safety) Amendment Act 1987 No 44**
Miscellaneous Acts (Sydney Harbour Tunnel) Repeal and Amendment Act
1987 No 51**
Motor Traffic (Staysafe) Amendment Act 1987 No 95**
Miscellaneous Acts (Transport Accidents Compensation) Amendment Act
1987 No 102**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 5 | Repeals |
Electricity Development (Amendment) Act 1987 No 104**
Gaming and Betting (Amendment) Act 1987 No 200**
Miscellaneous Acts (Victims Compensation) Repeal and Amendment Act
1987 No 238**
Poisons (Amendment) Act 1987 No 246**
Motor Traffic (Penalty Defaults) Amendment Act 1987 No 252*
Physiotherapists Registration (Amendment) Act 1987 No 274**
Public Finance and Audit (Amendment) Act 1988 No 19**
Peace Trust (Repeal) Act 1988 No 56***
State Drug Crime Commission (Further Amendment) Act 1988 No 87*
Gaming and Betting (Poker Machines) Taxation Amendment Act 1988
No 95**
Fisheries and Oyster Farms (Amendment) Act 1988 No 118**
Standard Time (Amendment) Act 1988 (1989 No l)**
Standard Time (Amendment) Act 1989 No 2**
Public Accountants Registration (Repeal and Amendment) Act 1989
No 34**
Gaming and Betting (Racing) Amendment Act 1989 No 45**
Fisheries and Oyster Farms (Penalties and Enforcement) Amendment Act
1989 No 52**
Liquor (Amendment) Act 1989 No 91**
Registered Clubs (Liquor) Amendment Act 1989 No 92**
Liquor (Hoteliers) Amendment Act 1989 No 116**
Miscellaneous Acts (Higher Education) Repeal and Amendment Act 1989
No 130**
Stock Foods and Medicines (Amendment) Act 1989 No 184**
Miscellaneous Acts (Community Land) Amendment Act 1989 No 204**
Pharmacy (Amendment) Act 1989 No 224**
Miscellaneous Acts (Public Sector Executives Superannuation) Further
Amendment Act 1989 NO 229**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Repeals | Schedule 5 |
| Registered Clubs (Further Amendment) Act 1990 No 43** | |
| Meat Industry (Amendment) Act 1990 No 77** | |
| Liquor (Miscellaneous Amendments) Act 1990 No 114** |
Registered Clubs (Miscellaneous Amendments) Act 1990 No 115**
Ombudsman (Amendment) Act 1991 No 3**
Sporting Injuries Insurance (Amendment) Act 1991 No 23**
Public Finance and Audit (Net Appropriations) Amendment Act 1991
No 42**
Public Finance and Audit (Auditor-General) Amendment Act 1991 No 88**
Annual Reports Legislation (Amendment) Act 1991 No 89**
Public Finance and Audit (Amendment) Act 1992 No 23**
Annual Reports Legislation (Amendment) Act 1992 No 24**
Traffic (Fine Default) Amendment Act 1992 No 67**
Auctioneers and Agents (Amendment) Act 1992 No 70**
New South Wales Crime Commission (Amendment) Act 1992 No 88**
Centennial Park and Moore Park Trust (Amendment) Act 1992 No 103**
Rural Lands Protection (Miscellaneous Amendments) Act 1993 No 8**
Traffic (Parking Regulation) Amendment Act 1993 No 34**
Registered Clubs (Management) Amendment Act 1993 No 57**
Motor Vehicles Taxation (Amendment) Act 1993 No 62**
Sentencing (Life Sentences) Amendment Act 1993 No 74**
Gaming and Betting (Amendment) Act 1993 No 81**
Public Finance and Audit (Budget) Amendment Act 1993 No 83**
Summary Offences (Amendment) Act 1993 No 84**
Traffic (Parking) Amendment Act 1994 No 8**
Judges' Pensions (Amendment) Act 1994 No 11**
Lotteries and Art Unions (Amendment) Act 1994 No 12**
Criminal Appeal (Amendment) Act 1994 No 15**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 5 | Repeals |
Gaming and Betting (Race-Meetings) Amendment Act 1994 No 18**
State Emergency and Rescue Management (Amendment) Act 1994
No 23**
Anti-Discrimination (Amendment) Act 1994 No 28**
Liquor (Further Amendment) Act 1994 No 49**
Registered Clubs (Further Amendment)' Act 1994 No 50**
Police Service (Recruitment) Amendment Act 1994 No 74**
Traffic (Negligent Driving Offences) Amendment Act 1994 No 79**
Note:
| * | indicates repeal of an Act whose savings, transitional or other provisions |
| of on-going effect are transferred (by Schedule 4 to this Act) to the Principal Act | |
| ** | indicates repeal of an 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 an Act that is no longer of practical utility |
Repeal of Regulations
Miscellaneous Acts (Education Commission) Savings and Transitional
Regulation 1980**
Companies (Application of Laws-TransitionalProvisions) Regulations
1982***
Health Administration (Savings and Transitional Provisions) Regulation
1983**
Housing (Transitional Provisions) Regulation 1983***
Public Hospitals (Savings and Transitional) Regulation 1984**
Public Finance and Audit (Annual Reports) Savings and Transitional
Provisions Regulation 1984***
Credit (Transitional Provisions) Regulation 1984***
Public Hospitals (The Royal Alexandra Hospital for Children) Savings and
Transitional Regulation 1985*
Public Hospitals (The Sydney Hospital) Savings and Transitional
Regulation 1985*
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Repeals | Schedule 5 |
Statute Law (Transitional Provisions) Regulation 1985***
Co-operation (Transitional) Regulation 1985***
Public Hospitals (Royal Prince Alfred Hospital) Savings and Transitional
Regulation 1985*
Motor Dealers (Transitional Provisions) Regulation 1986**
Transitional Regulation under the Firearms and Dangerous Weapons (Amendment) Act 1985 published in Gazette No 97 of 20 June 1986 at page 2834***
Workers' Compensation (Transitional Provisions) Regulation (No 1)
1986**
Energy Transitional Provisions Regulation 1987**
Workers Compensation (Savings and Transitional Provisions) Regulation
1987***
Co-operation (1986 Amendment) Transitional Regulation 1988***
Co-operation (1987 Further Amendment) Transitional Regulation 1988***
Prickly Pear (Transitional) Regulation 1988***
State Development and Industries Assistance (Savings and Transitional
Provisions) Regulation 1988**
Compensation Court (Savings and Transitional) Regulation 1989*
Building Services Corporation (Savings and Transitional) Regulation 1989*
Crown Lands (Transitional Provisions) Regulation 1990*
Dentists (Savings and Transitional) Regulation 1990***
Radiation Control (Transitional) Regulation 1990***
Roads (Savings and Transitional) Regulation 1993*
Note:
indicates repeal of a regulation whose savings, transitional or other provisions of on-going effect are transferred (by Schedule 4 to this Act) to the enabling Act
indicates repeal of a regulation that contains no provision of substantive
effect that needs to be retained
indicates repeal of a regulation the provisions of which are spent or no
longer of practical utility
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 5 | Repeals |
Explanatorynote
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 1987ensures 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. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| General savings, transitional and other provisions | Schedule 6 |
| Schedule 6 | General savings, transitional and other provisions |
(Section 5)
1 Effect of amendment of amending provisions
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.
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 to an Act by:
| (a) | the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or |
| (b) | the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or |
| (c) | the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act, |
whether the provision was enacted before or after the
commencement of the Reprints Act 1972.
Explanatory note
This clause ensures that amendments correcting errors 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 (for example, 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.
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| Schedule 6 | General savings, transitional and other provisions |
2 Effect of amendment or repeal on acts done or decisions made
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 or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
Explanatorynote
This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
3 Amendments removing gender-specific language
| (1) | The amendments made to an Act by Schedule 3 are made for the purposes of replacing gender-specific language with gender-neutral language. The amendments contained in that Schedule do not affect the construction or meaning of any Act. |
| (2) | A Notice that was a copy of the Notice set forth in the Schedule to the Innkeepers Act 1968 before the amendment made to that Schedule by Schedule 3 to this Act is taken to be a copy of the Notice as so amended. |
| Explanatorynote | |
| This clause ensures that amendments that are made solely for the purposes of removing gender-specific language from an Act do not have any unintended consequences. A similar provision to clause (1) is included in the Reprints Act 1972 (section 11). | |
| Clause (2) is in the nature of a transitional provision. An innkeeper's liability with respect to guests' property is limited in certain circumstances if the innkeeper displays “a copy” of the Notice set out in the Schedule to the Innkeepers Act 1968 in the places and manner specified by that Act. The Notice is amended by Schedule 3 to this Act. Accordingly, clause (2) provides that a notice that met the requirements of the Innkeepers Act 1968 before that amendment is taken also to meet its requirements after the amendment. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
| General savings, transitional and other provisions | Schedule 6 |
4 Regulations
| (1) | The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. | |||
| (2) | Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date. | |||
| (3) | To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as: | |||
| ||||
| Explanatorynote | ||||
| 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. |
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Notes
Index o f A cts am end ed by S ch ed u les 1, 2, 3and 4
Animal Research Act 1985 No 123—Sch 1
Annual Reports (Departments) Act 1985 No 156—Sch 2
Arbitration (Civil Actions) Act 1983 No 43—Sch 1
Area Health Services Act 1986 No 50—Sch 2
Bail Act 1978 No 161—Sch 2
Banks and Bank Holidays Act 1912 No 43—Sch 3
Bookmakers (Taxation) Act 1917 No 15—Sch 3
Building Services Corporation Act 1989 No 147—Sch 4
Business Names Act 1962 No 11—Sch 2
Coal and Oil Shale Mine Workers (Superannuation) Act 1941
NO 45—Sch 2
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act
1994 NO 85—Sch 2
Commercial Agents and Private Inquiry Agents Act 1963 No 4—Sch 3
Compensation Court Act 1984 No 89—Sch 4
Construction Safety Act 1912 No 38—Sch 3
Crimes Act 1900 No 40—Sch 2
Crimes Prevention Act 1916 No 80—Sch 3
Criminal Appeal Act 1912 No 16—Sch 3
Crown Lands Act 1989 No 6—Sch 4
Crown Lands (Continued Tenures) Act 1989 No 7—Sch 2
Dental Technicians Registration Act 1975 No 40—Sch 3
Drug Offensive Act 1987 No 119—Sch 1
Exhibited Animals Protection Act 1986 No 123—Sch 1
Factors (Mercantile Agents) Act 1923 No 2—Sch 3
Fish Marketing Act 1994 No 37—Sch 2
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Fish River Water Supply Administration Act 1945 No 16—Sch 1
Forestry Act 1916 No 55—Sch 3
Grants for Public Worship Prohibition Act 1902 No 70—Sch 3
Hawkers Act 1974 No 23—Sch 3
Health Insurance Levies Act 1982 No 159—Sch 4
Homing Pigeons Protection Act 1909 (1910 No 1)—Sch 3
Housing Act 1912 No 7—Sch 3
Impounding Act 1993 No 31—Sch 2
Infants' Home, Ashfield, Act 1924 No 13—Sch 2
Innkeepers Act 1968 No 24—Sch 3
Interpretation Act 1987 No 15—Sch 1
Irrigation Corporations Act 1994 No 41—Sch 2
Justices Act 1902 No 27—Sch 2
Land Agents Act 1927 No 3—Sch 3
Land and Environment Court Act 1979 No 204—Sch 2
Law Foundation Act 1979 No 32—Sch 1
Legal Profession Act 1987 No 109—Sch 2
Motor Dealers Act 1974 No 52—Sch 3
Motor Vehicles Taxation Act 1988 No 111—Sch 2
New South Wales Crime Commission Act 1985 No 117—Sch 4
Notification of Births Act 1915 No 4—Sch 3
Noxious Weeds Act 1993 No 11—Sch 1
Ombudsman Act 1974 No 68—Sch 3
Optical Dispensers Act 1963 No 35—Sch 3
Parliamentary Evidence Act 1901 No 43—Sch 2
Pharmacy Act 1964 No 48—Sch 2, Sch 3
Physiotherapists Registration Act 1945 No 9—Sch 3
Police Regulation (Superannuation) Act 1906 No 28—Sch 3
Public Hospitals Act 1929 No 8—Sch 4
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Public Trustee Act 1913 No 19—Sch 2, Sch 3
Public Works Act 1912 No 45—Sch 3
Real Estate Services Council Act 1990 No 14—Sch 1
Reprints Act 1972 No 48—Sch 1
Roads Act 1993 No 33—Sch 1, Sch 4
Sale of Goods Act 1923 No 1—Sch 3
Second-hand Dealers and Collectors Act 1906 No 30—Sch 3
South-west Tablelands Water Supply Administration Act 1941
No 36—Sch 1
State Revenue Legislation (Further Amendment) Act 1994 No 72—Sch 2
Statistical Maps Act 1905 No 14—Sch 3
Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 218—Sch 2
Statute Law (Miscellaneous Provisions) Act (No 3) 1989 No 226—Sch 2
Statute Law (Miscellaneous Provisions) Act 1992 No 34—Sch 2
Statute Law (Miscellaneous Provisions) Act (No 2) 1992 No 57—Sch 2
Strata Titles Act 1973 No 68—Sch 2
Technical and Further Education Commission Act 1990 No 118—Sch 2
Traffc Act 1909 No 5—Sch 1, Sch 4
Unauthorised Documents Act 1922 No 6—Sch 3
University of Technology, Sydney, Act 1989 No 69—Sch 2
Valuation of Land Act 1916 No 2—Sch 3
Valuers Registration Act 1975 No 92—Sch 3
Voluntary Workers (Soldiers' Holdings) Act 1917 No 25—Sch 3
Water Board (Corporatisation) Act 1994 No 88—Sch 2
Western Lands Act 1901 No 70—Sch 3
White Phosphorus Matches Prohibition Act 1915 No 1—Sch 3
Wild Dog Destruction Act 1921 No 17—Sch 3
Women's College Act 1902 No 71—Sch 3
Workers Compensation Act 1987 No 70—Sch 2
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Index of A cts and R egulations repealed by S ch ed u le 5
Annual Reports Legislation (Amendment) Act 1991 No 89** Annual Reports Legislation (Amendment) Act 1992 NO 24** Anti-Discrimination (Amendment) Act 1994 No 28**
Auctioneers and Agents (Amendment) Act 1980 NO 189**
Auctioneers and Agents (Amendment) Act 1992 NO 70**
Building Services Corporation (Savings and Transitional) Regulation 1989* Centennial Park and Moore Park Trust (Amendment) Act 1992 No 103** Coal Mining (Amendment) Act 1974 NO 76**
Coal Mining (Amendment) Act 1976 NO 98**
Coal Mining (Amendment) Act 1983 No 154**
Companies (Application of Laws—Transitional Provisions) Regulations
1982***
Compensation Court (Savings and Transitional) Regulation 1989* Co-operation (1986 Amendment) Transitional Regulation 1988*** Co-operation (1987 Further Amendment) Transitional Regulation 1988***
Co-operation (Transitional) Regulation 1985***
Credit (Transitional Provisions) Regulation 1984***
Criminal Appeal (Amendment) Act 1994 No 15**
Criminal Appeal (Bail) Amendment Act 1978 No 165**
Crown Lands (Transitional Provisions) Regulation 1990*
Dentists (Savings and Transitional) Regulation 1990***
Electricity Development (Amendment) Act 1978 No 148**
Electricity Development (Amendment) Act 1980 No 192**
Electricity Development (Amendment) Act 1984 No 36**
Electricity Development (Amendment) Act 1985 No 206**
Electricity Development (Amendment) Act 1987 No 104**
Energy Transitional Provisions Regulation 1987**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Fisheries and Oyster Farms (Amendment) Act 1979 No 112** Fisheries and Oyster Farms (Amendment) Act 1984 No 123** Fisheries and Oyster Farms (Amendment) Act 1988 No 118** Fisheries and Oyster Farms (Penalties and Enforcement) Amendment Act
1989 No 52**
Gaming and Betting (Amendment) Act 1986 No 79**
Gaming and Betting (Amendment) Act 1987 No 200**
Gaming and Betting (Amendment) Act 1993 No 81**
Gaming and Betting (Further Amendment) Act 1983 No 89**
Gaming and Betting (Poker Machines) Taxation Amendment Act 1988
No 95**
Gaming and Betting (Poker Machines) Taxation (Further Amendment) Act
1986 No 154**
Gaming and Betting (Race-Meetings) Amendment Act 1979 No 197**
Gaming and Betting (Race-Meetings) Amendment Act 1994 No 18**
Gaming and Betting (Racing) Amendment Act 1989 No 45**
Health Administration (Savings and Transitional Provisions) Regulation
1983**
Health Insurance Levies (Administration) Amendment Act 1983 No 18*
Housing (Transitional Provisions) Regulation 1983***
Judges' Pensions (Amendment) Act 1994 No 11**
Land and Environment Court (Amendment) Act 1985 No 63**
Land and Environment Court (Further Amendment) Act 1980 No 153**
Landlord and Tenant (Rental Bonds) Amendment Act 1985 No 65**
Liquor (Amendment) Act 1987 No 3**
Liquor (Amendment) Act 1989 No 91**
Liquor (Further Amendment) Act 1985 No 77**
Liquor (Further Amendment) Act 1994 No 49**
Liquor (Hoteliers) Amendment Act 1989 No 116**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Liquor (Miscellaneous Amendments) Act 1990 No 114**
Lotteries and Art Unions (Amendment) Act 1980 No 147**
Lotteries and Art Unions (Amendment) Act 1994 No 12**
Meat Industry (Amendment) Act 1990 No 77**
Mines Inspection (Amendment) Act 1967 No 80**
Mines Inspection (Amendment) Act 1978 No 145**
Miscellaneous Acts (Administrative Changes) Amendment Act 1975
No 45**
Miscellaneous Acts (Administrative Changes) Amendment Act (No 2) 1975
No 84**
Miscellaneous Acts (Community Land) Amendment Act 1989 No 204**
Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985
No 227**
Miscellaneous Acts (Education Commission) Savings and Transitional
Regulation 1980**
Miscellaneous Acts (Gas) Amendment Act 1986 No 215**
Miscellaneous Acts (Higher Education) Repeal and Amendment Act 1989
No 130**
Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986
No 220**
Miscellaneous Acts (Public Finance and Audit) Amendment Act 1987
No 36**
Miscellaneous Acts (Public Sector Executives Superannuation) Further
Amendment Act 1989 No 229**
Miscellaneous Acts (Sydney Harbour Tunnel) Repeal and Amendment Act
1987 No 51**
Miscellaneous Acts (Transport Accidents Compensation) Amendment Act
1987 No 102**
Miscellaneous Acts (Victims Compensation) Repeal and Amendment Act
1987 No 238**
Moneylending (Repeal) Act 1981 No 125***
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Motor Dealers (Amendment) Act 1978 No 115** Motor Dealers (Amendment) Act 1985 No 104** Motor Dealers (Transitional Provisions) Regulation 1986**
Motor Traffic (Amendment) Act 1983 No 35**
Motor Traffic and Transport (Amendment) Act 1974 No 31**
Motor Traffic, Metropolitan Traffic and Transport (Amendment) Act 1968
No 2**
Motor Traffic (Penalty Defaults) Amendment Act 1987 No 252*
Motor Traffic (Road Safety) Amendment Act 1982 No 123**
Motor Traffic (Road Safety) Amendment Act 1985 No 18**
Motor Traffic (Road Safety) Amendment Act 1987 No 44**
Motor Traffic (Speed Limits) Amendment Act 1979 No 16**
Motor Traffic (Staysafe) Amendment Act 1987 No 95**
Motor Vehicles Taxation (Amendment) Act 1993 No 62**
Motor Vehicles (Third Party Insurance) Amendment Act 1972 No 35**
Motor Vehicles (Third Party Insurance) Amendment Act 1977 No 113**
Motor Vehicles (Third Party Insurance) Amendment Act 1985 No 96**
Motor Vehicles (Third Party Insurance) and Law Reform (Miscellaneous
Provisions) Amendment Act 1962 No 42**
National Parks and Wildlife (Amendment) Act 1983 No 183**
New South Wales Crime Commission (Amendment) Act 1992 No 88**
New South Wales Film Council (Dissolution) Act 1977 No 90***
New South Wales State Cancer Council (Amendment) Act 1984 No 137**
Ombudsman (Amendment) Act 1991 No 3**
Optical Dispensers (Amendment) Act 1985 No 68**
Pawnbrokers (Amendment) Act 1980 No 150**
Peace Trust (Repeal) Act 1988 No 56***
Petroleum (Compensation) Amendment Act 1985 No 176***
Pharmacy (Amendment) Act 1984 No 134***
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Pharmacy (Amendment) Act 1989 No 224**
Physiotherapists Registration (Amendment) Act 1987 No 274**
Pipelines (Amendment) Act 1985 No 217**
Poisons (Amendment) Act 1979 No 147** Poisons (Amendment) Act 1987 No 246** Police Service (Recruitment) Amendment Act 1994 No 74**
Prickly Pear (Transitional) Regulation 1987***
Public Accountants Registration (Repeal and Amendment) Act 1989
No 34**
Public Finance and Audit (Amendment) Act 1984 No 88** Public Finance and Audit (Amendment) Act 1988 No 19** Public Finance and Audit (Amendment) Act 1992 No 23** Public Finance and Audit (Annual Reports) Savings and Transitional
Provisions Regulation 1984***
| Public Finance and Audit (Auditor-General) Amendment Act 1991 No | 88** |
| Public Finance and Audit (Budget) Amendment Act 1993 No 83** |
Public Finance and Audit (Net Appropriations) Amendment Act 1991
No 42**
Public Hospitals (Royal Prince Alfred Hospital) Savings and Transitional
Regulation 1985*
Public Hospitals (Savings and Transitional) Regulation 1984**
Public Hospitals (The Royal Alexandra Hospital for Children) Savings and
Transitional Regulation 1985*
Public Hospitals (The Sydney Hospital) Savings and Transitional Regulation
1985*
Public Trustee (Amendment) Act 1984 No 64**
Radiation Control (Transitional) Regulation 1990***
Regional Organisation (Repeal) Act 1979 No 36***
Registered Clubs (Entertainment) Amendment Act 1987 No 2**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Registered Clubs (Further Amendment) Act 1986 No 155**
Registered Clubs (Further Amendment) Act 1990 No 43** Registered Clubs (Further Amendment) Act 1994 No 50** Registered Clubs (Liquor) Amendment Act 1989 No 92** Registered Clubs (Management) Amendment Act 1993 No 57**
Registered Clubs (Miscellaneous Amendments) Act 1990 No 115**
Roads (Savings and Transitional) Regulation 1993*
Rural Lands Protection (Miscellaneous Amendments) Act 1993 No 8**
Scaffolding and Lifts (Amendment) Act 1958 No 3**
Sentencing (Life Sentences) Amendment Act 1993 No 74**
Small Businesses' Loans Guarantee (Amendment) Act 1980 No 113**
Sporting Injuries Insurance (Amendment) Act 1981 No 116**
Sporting Injuries Insurance (Amendment) Act 1983 No 71** Sporting Injuries Insurance (Amendment) Act 1991 No 23** Standard Time (Amendment) Act 1988 (1989 No l)**
Standard Time (Amendment) Act 1989 No 2**
State Coal Mines (Amendment) Act 1967 No 4**
State Development and Industries Assistance (Amendment) Act 1986
No 83**
State Development and Industries Assistance (Savings and Transitional
Provisions) Regulation 1988**
State Drug Crime Commission (Further Amendment) Act 1988 No 87*
State Emergency and Rescue Management (Amendment) Act 1994
No 23**
Statute Law (Transitional Provisions) Regulation 1985***
Stock Foods and Medicines (Amendment) Act 1989 No 184**
Summary Offences (Amendment) Act 1993 No 84**
Traffic (Fine Default) Amendment Act 1992 No 67**
Traffic (Negligent Driving Offences) Amendment Act 1994 No 79**
Statute Law (Miscellaneous Provisions) Act 1995 No 16
Notes
Traffic (Parking) Amendment Act 1994 No 8**
Traffic (Parking Regulation) Amendment Act 1993 No 34**
Transitional Regulation under the Firearms and Dangerous Weapons (Amendment) Act 1985 published in Gazette No 97 of 20 June 1986 at page 2834***
University and University Colleges (Amendment) Act 1984 No 11**
University of New England (Amendment) Act 1984 No 12**
University of New South Wales (Amendment) Act 1984 No 15**
University of Wollongong (Advanced Education) Amendment Act 1982
No 30**
Workers Compensation (Savings and Transitional Provisions) Regulation
1987***
Workers’ Compensation (Transitional Provisions) Regulation (No 1)
1986**
[Minister's second reading speech made in
Legislative Assembly on 31 May 1995
Legislative Council on 9 June 1995 am]
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