Statute Law (Miscellaneous Provisions) Act 1996 (NSW)
New South Wales
Statute Law (Miscellaneous Provisions) Act 1996 No 30
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 | 3 |
| Anatomy Act 1977 No 126 | 3 | |
| Area Health Services Act 1986 No 5 0 | 3 | |
| Australian Mutual Provident Society Act 1988 N o 47 | 4 | |
| Bush Fires Act 1949 N o 31 | 5 | |
| Charitable Trusts Act 1993 N o 1 0 | 6 |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Contents
Page
| Chiropractors and Osteopaths Act 1991 N o 7 | 6 |
| Classification (Publications, Films and Computer | |
| Games) Enforcement Act 1995 N o 6 3 | 7 |
| Commercial Tribunal Act 1984 N o 98 | 8 |
| Community Services (Complaints, Appeals and | |
| Monitoring) Act 1993 N o 2 | 12 |
| Consumer C laims Tribunals Act 1987 N o 206 | 2 4 |
| Consumer Credit (New South Wales) Act 1995 N o 7 | 2 7 |
| Conveyancing Act 1919 N o 6 | 2 8 |
| Crown Lands Act 1989 N o 6 | 30 |
| Defamation Act 1974 N o 1 8 | 30 |
| District Court Act 1973 N o 9 | 31 |
| Electricity Supply Act 1995 N o 9 4 | 32 |
| Energy Services Corporations Act 1995 N o 9 5 | 33 |
| Environmentally Hazardous Chemicals Act 1985 | |
| N o 1 4 | 35 |
| Fair Trading Act 1 9 8 7 N o 6 8 | 37 |
| Independent Commission Against Corruption Act 1988 | |
| N o 35 | 38 |
| M otor Dealers Act 1974 N o 5 2 | 39 |
| M otor Vehicles Taxation Act 1988 N o 111 | 41 |
| Podiatrists Act 1989 N o 2 3 | 41 |
| Poisons Act 1966 N o 3 1 | 42 |
| Property, Stock and Business Agents Act 1941 N o 2 8 | 4 3 |
| Psychologists Act 1989 N o 5 1 | 45 |
| Roads Act 1993 N o 3 3 | 45 |
| S tate Owned Corporations Act 1989 N o 134 | 48 |
| Statute Law (M iscellaneous Provisions) Act (No 2 ) | |
| 1990 N o 108 | 49 |
| Statutory and O ther O ffices Remuneration Act 1975 | |
| (1976 N o 4 ) | 49 |
| Stock Medicines Act 1989 N o 182 | 5 0 |
| S trata T itles Act 1973 N o 6 8 | 51 |
| Strata Titles (Leasehold) Act 1986 N o 219 | 5 3 |
Contents page 2
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Contents
Page
| Subordinate Legislation Act 1989 N o 146 | 55 |
| Supreme Court Act 1970 N o 5 2 | 56 |
| Sydney Cove Redevelopment Authority Act 1968 | |
| N o 5 6 | 58 |
| Trade Measurement Administration Act 1989 N o 234 | 58 |
| Travel Agents Act 1986 N o 5 | 5 9 |
| Women's College Act 1902 N o 7 1 | 61 |
| Schedule 2 | Amendments by way of statute law revision | 62 |
| Schedule 3 | Amendments replacing gender-specific language | 7 7 |
| Schedule 4 | Amendments transferring provisions | 117 |
| Schedule 5 | Repeals | 126 |
| Schedule 6 | General savings, transitional and other provisions | 130 |
Contents page 3
New South Wales
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Act No 30, 1996
An Act to repeal certain Acts and to amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 21 June 1996]
| Section 1 | Statute Law (Miscellaneous Provisions) Act 1996 NO 30 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 1996.
2 Commencement
| ( l ) | This Act commences on the date of assent, except as provided by subsections (2) and (3). |
(2) The amendments made by Schedule 1 commence on the dates specified in that Schedule in relation to the amendments concerned. If a commencement date is not specified, the amendments commence on the date of assent.
(3) The amendments made by Schedule 3 commence on the date that is 3 months after the date of assent, or on such earlier day or days as may be appointed by proclamation.
3 Amendments
Each Act specified in Schedules 1-4 is amended as set out in those Schedules.
4 Repeals
Each Act 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 1996 No 30
| Minor amendments | Schedule 1 |
| S c h e d u le | 1 | M in o r a m e n d m e n ts |
(Section3)
| 1.1 | Anatomy Act 1977 No 126 |
| Section 7 Inspectors | |
| Omit section 7 (1). Insert instead: |
| (1) | The Minister may appoint any of the following people as an inspector for the purposes of this Act: | |||||||
|
Public Hospitals Act 1929.
Explanatory note
The Anatomy Act 1977 provides for the licensing, and inspection, of schools of area health services or public hospitals.
anatomy.
At present, the Minister for Health is empowered to appoint officers of the
Department of Health or employees of the Health Administration Corporation as
inspectors for the purposes of the Act.
| 1.2 | Area Health Services Act 1986 No 50 |
| Section 40 | |
| Insert after section 39: | |
| 40 Validation |
| (1) | This section applies to a person who, immediately before 1 August 1993, was the chief executive officer of the Wentworth Area Health Service, the Northern Sydney |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Area Health Service, the Southern Sydney Area Health Service or the Eastern Sydney Area Health Service, who was not re-appointed as a chief executive officer on that date but who continued to carry out the duties of a chief executive officer until being re-appointed on 24 November 1994, with effect from 1 October 1994.
| (2) | Any act, matter or thing done or omitted to be done between 1 August 1993 and 30 September 1994 by a person to whom this section applies, that would have validly been done or omitted if the person had been formally appointed as chief executive officer when it was done or omitted, is validated. |
Explanatory note
The Area Health Services Act 1986 provides for the appointment of chief executive officers of area health services by the Governor. The employment of chief executive officers is subject to Part 2A of the Public Sector Management Act 1988.
The proposed amendment validates the actions of four chief executive officers between 1 August 1993 and 30 September 1994. During that period each chief executive officer acted as the chief executive officer of the relevant area health service but was not properly appointed.
| 1.3 | Australian Mutual Provident Society Act 1988 No 47 |
| Section 13 Regulations | |
| Insert after section 13 (2): |
| (3) | The Subordinate Legislation Act 1989 does not apply to the regulations. |
Explanatory note
The Subordinate Legislation Act 1989 creates requirements regarding the making
of statutory rules and provides for the staged repeal of statutory rules.
The proposed amendment will exclude regulations under the Australian Mutual
Provident Society Act 1988 from the operation of the Subordinate Legislation Act
1989. The same exclusion already applies to other autonomous and
semi-autonomous non-Government bodies.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| 1.4 | Bush Fires Act 1949 Ne 31 |
| [1] | Section 41B Other functions of Co-ordinating Committee |
| Omit section 41B (2) (f). Insert instead: |
| ( f ) | before 31 October in each year furnish a report to the Minister, for presentation to Parliament, as to its activities during the period of 12 months ending on 30 June in that year. |
[2] Section 41B (2A)
Insert after section 41B (2):
| (2A) | The requirements of subsection (2) (f) are taken to have been satisfied if a report as to the activities of the Co-ordinating Committee is included in the annual report required to be prepared by the Department by virtue of the Annual Reports (Departments) Act 1985, and the annual report is tabled in Parliament in accordance with that Act. |
Transitional
The amendments to the Bush Fires Act 1949 do not apply to the report required to be furnished by the Bush Fire Co-ordinating Committee in respect of the period ending on 31 March 1996. The annual report required to be furnished in respect of the period ending on 30 June 1996 need not include a report as to the Committee's activities in respect of the period between 1 July 1995 and 31 March 1996.
Explanatory note
The Bush Fires Act 1949 constitutes the Bush Fire Co-ordinating Committee as a body corporate. At present, the Committee is required to prepare an annual report as to its activities. That report is prepared for the Minister for Emergency Services and is required to be tabled in Parliament.
The proposed amendments reconcile the reporting year of the Committee with that of the Department of Bush Fire Services, allowing the annual report of the Committee to be published with the annual report of the Department (which is required to be tabled in accordance with the Annual Reports (Departments) Act
1985).
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
| 1.5 | Charitable Trusts Act 1993 No 10 |
| Section 26 Effect on pending charitable trust proceedings | |
| Insert at the end of section 26: |
| (2) | Despite subsection ( l) , the Court may make a referral under section 13 (2) of a matter in relation to proceedings relating to a trust that were commenced in the Court before 15 April 1994 (the date of commencement of this Act) as well as in relation to proceedings commenced after that date. |
Commencement
The amendment to the Charitable Trusts Act 1993 is taken to have commenced on 15 April 1994 (the date of commencement of the Act).
Explanatory note
The Charitable Trusts Act 1993 authorises the Attorney General to establish schemes for the administration of charitable trusts. The Attorney General may take such action on application of all or any of the trustees, in accordance with a referral of the Supreme Court, or on the Attorney General's own initiative. At present, section 26 of the Act provides that charitable trust proceedings that were commenced in the Supreme Court before the Act commenced are not affected by the Act. That is, the Attorney General is unable to establish a scheme of administration of a charitable trust that has been the subject of Supreme Court proceedings that commenced before 15 April 1994 (the date of commencement of the Act).
The proposed amendment will empower the Supreme Court to refer a matter in relation to such proceedings to the Attorney General.
| 1.6 | Chiropractors and Osteopaths Act 1991 No 7 |
| [1] | Section 18 Annual roll fee |
| Insert “ (the due date)” after “each year” in section 18 (1). | |
| Section 18 (3 ) | |
| Omit the subsection. Insert instead: |
| (3) | If a practitioner required by this section to pay a prescribed roll fee does not pay the fee for the following year on or before the due date, the Board is required to |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
notify the practitioner that if the fee is not paid on or before the day prescribed for the purposes of this
subsection (the final date), the practitioner's name will
be removed from the register.
[3 ] Section 18 (5)
Omit “due date”. Insert instead “final date”.
Commencement
The amendments to the Chiropractors and Osteopaths Act 1991 commence on a day to be appointed by proclamation.
Transitional
If a practitioner has received a notice under section 18 (3 ) of the Chiropractors and Osteopaths Act 1997 before the date of commencement of the amendments to that Act, the amendments to that Act do not apply in relation to the payment by that practitioner of the annual roll fee required by that notice.
Explanatory note
Part 3 of the Chiropractors and Osteopaths Act 1991 regulates the registration of Chiropractors and osteopaths. At present, section 18 of the Act provides that failure to pay an annual roll fee on o r before the prescribed date in each year will lead to the removal of the practitioner's name from the register. The Chiropractors and Osteopaths Registration Board usually sends out a reminder notice to a practitioner some time before the annual fee is due to be paid. The proposed amendments are intended to have the effect that, if the fee is not paid on or before the date set out in the first notice, a second and final notice will be sent requiring payment by a specified final date. Failure to pay by that final date will render the practitioner liable to removal from the register.
| 1.7 | Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63 |
| Section 51 Exemptions | |
| Omit “does not apply” from section 51 (1) (b). specified in the direction, apply”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Explanatory note
The Classification (Publications, Films and Computer Games) Enforcement Act 1995 provides for the enforcement of a classification scheme for publications, films and computer games. At present, an approved organisation can make an application for a written direction that the Act, or a specified provision of the Act, does not apply to the organisation in relation to the exhibition of a specified film at a specified event (for instance, at a film festival).
The proposed amendment empowers the Director of the Classification Board to impose conditions on any direction granting an exemption in relation to the exhibition of a film at an event.
| 1.8 | Commercial Tribunal Act 1984 No 98 |
| [1 ] | Section 4 Definitions |
| Omit the definition of Commissioner from section 4 (1). Insert instead: |
Commissioner means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988.
[ 2 ] Section 4 (1) definition of “Deputy Registrar”
Insert in alphabetical order:
Deputy Registrar means the Deputy Registrar of the
Tribunal.
[ 3 ] Section 8 Immunity of members, Registrar and Deputy Registrar
| Omit “and the Registrar”. Insert instead “the Registrar and Deputy Registrar,”. |
[ 4 ] Section 8
| Omit “Registrar under”. Insert instead “Registrar or Deputy Registrar under”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Part 2, Division 2, heading
Omit “Registrar”.
Insert instead “Registrar, Deputy Registrar”
Section 17 Registrar, Deputy Registrar and staff of Tribunal
Insert “ , a Deputy Registrar” after “‘Registrar” in section 17 (1).
Section 17 (2A)
Insert after section 17 (2):
(2A) The Deputy Registrar has the functions conferred or imposed on the Deputy Registrar by or under this Act or by the Tribunal.
Section 18 Jurisdiction and functions of Tribunal
Insert “ , or the Deputy Registrar,” after “Registrar” wherever occurring in section 18 (5) and (7).
Section 19 Proceedings before Tribunal
Insert “ , or the Deputy Registrar,” after “Registrar” in section 19
(2A).
Section 22 Notice and conduct of proceedings
Omit “or Registrar” from section 22 (1).
Insert instead “ , Registrar or Deputy Registrar”.
Section 22 (1A) and (1B)
Insert “or Deputy Registrar” after “Registrar” wherever occurring.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[1 2 ] Section 25 Summons and examination of witnesses
Insert “ , or the Deputy Registrar,” after “Registrar” wherever occurring in section 25 (1) and (1A).
[13] Section 25 (1) and (1A)
Insert “or thing” after “record” wherever occurring.
[14] Section 27 Inspection and retention of records and things
Omit section 27 (1). Insert instead:
| (1) | The Tribunal may inspect any record, statement or thing produced before it and: | |||||
|
[15] Section 27 (2) and (3 )
Insert “ , or the Deputy Registrar,” after “Registrar” wherever occurring.
[16] Section 33 Orders for payment of money
| Insert “ , or the Deputy Registrar,” after “Registrar” in section 33 (2) (a). |
[17] Section 34 Reasons for decision of Tribunal
| Insert “ , or the Deputy Registrar,” after “Registrar” in section 34 (1). |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Section 38 Rules of Tribunal
| Insert “or Deputy Registrar” after “Registrar” | where firstly |
| occurring in section 38 (1) (c). | |
| Section 38 (1) (c) |
Omit “or the Registrar”.
Insert instead “ , the Registrar or the Deputy Registrar”.
Section 38 (1) (d)
Insert “or Deputy Registrar” after “Registrar”.
Explanatory note
Functions of the Deputy Registrar
The Commercial Tribunal Act 1984 confers certain functions on the Registrar of the Commercial Tribunal. During the absence or a vacancy in the office of the Registrar a member of staff holding office as the Deputy Registrar, or another officer, has the functions of the Registrar (see section 1 7 (3 )).
Items [2 ]-[12 ] and [15]-[20] of the proposed amendments amend various provisions of the Act to confer all functions of the Registrar on the Deputy Registrar as well as the Registrar. Those functions can be exercised by the Registrar and Deputy Registrar simultaneously, that is, they do not require any absence or vacancy of office of the Registrar.
At present, the Chairman of the Tribunal can delegate to the Registrar any part of the jurisdiction of the Tribunal (see section 18 (5)). Item [8] allows part of the jurisdiction to also be delegated to the Deputy Registrar.
Summons to produce a thing
At present, section 25 of the Commercial Tribunal Act 1984 provides for the Registrar of the Commercial Tribunal to issue a summons requiring a person named in the summons to attend the hearing and, at the time and place specified in the summons, to produce any record specified in the summons that is in the person's possession or control.
Item [13] allows for the issue of a summons to produce a record or thing. This could include, for example, building materials, measuring instruments and pieces of equipment.
Item [14] makes a consequential amendment.
Statute law revision
Item [1 ] updates the definition of Commissioner. The statutory office of Commissioner of Consumer Affairs has been replaced by an office under the Public Sector Management Act 1988.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
| 1.9 | Community Services (Complaints, Appeals and Monitoring) Act 1993 No 2 |
| [1 ] | Section 4 Definitions |
| Omit the definition of community welfare legislation. Insert instead: |
community welfare legislation means:
| (a) | this Act, and |
| (b) | the Home Care Service Act 1988, and |
| (c) | any other Act administered by the Minister for Community Services within the Department of Community Services, and |
| (d) | any other Act administered by the Minister for Aged Services, or the Minister for Disability Services, within the Ageing and Disability Department, and |
| (e) | any instrument in force under any of those Acts. |
[2] Section 4 definition of “Conciliation Division”
Insert in alphabetical order:
Conciliation Division means the Conciliation Division
of the Commission constituted by section 80.
[3] Section 4 definitions of “Department”, “Director-General” and “Solution Facilitation Division”
Omit the definitions.
[4] Section 4 definition of “service provider”
Omit the definition. Insert instead:
service provider means:
| (a) | the Department of Community Services, or |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| (b) | the Ageing and Disability Department, or |
| (c) | a person or organisation funded by the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services to provide a service, or |
| (d) | a person or organisation authorised by the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services to provide. a service, or |
| (e) | the Home Care Service of New South Wales or a person or organisation funded by the Home Care Service to provide a service, or |
| (f) | a person or organisation that is covered by an arrangement (made after the commencement of this section) between the Minister for Community Services and a State or Commonwealth Minister, under which arrangement that State or Commonwealth Minister agrees to the person or organisation being a service provider for the purposes of this Act. |
[5] Section 5 Administration of community welfare legislation
Omit section 5 (b) and (c). Insert instead:
| (b) | inconsistent with the way in which those resources have been allocated by the Minister for Community Services, the Minister for Aged Services, the Minister for Disability Services, the Director-General of the Department of Community Services or the Director-General of the Ageing and Disability Department in accordance with Government policy, or |
| (c) | inconsistent with Government policy, as certified in writing by the Minister for Community Services, the Minister for Aged Services or the Minister for Disability Services and notified to the Tribunal, Commission or other person or body making the determination. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Sections 7 (1) and (2), 8 (1) (d), 10 (1), 11 (3), 63 (1), 78 (1) and
(2), 79, 84 (5), 91 (1) and (3), 92 (2), (3) and (4), 99, 102, 103 (1) (c),
(i) and (j), 107, 108 (b), 111, 112 and 126 (1)
Omit “Minister” wherever occurring.
Insert instead “Minister for Community Services”.
Section 7 Appointment of Community Visitors
Omit “Department” from section 7 (2) (d). and Disability Department,”.
Section 7 (3 )
Omit “2 years”. Insert instead “3 years”.
Section 7 (3 )
Omit “4 years”. Insert instead “6 years”.
Section 8 Functions of Community Visitors
Insert after section 8 (3):
(3A) On receiving a copy of any advice or report under subsection (1) (d), the Minister for Community Services must send a copy of the advice or report to:
| (a) | the Minister for Aged Services, if the visitable service in relation to which the advice or report was given was provided by a person or organisation authorised or funded by the Minister for Aged Services to provide a service, or |
| (b) | the Minister for Disability Services, if the visitable service in relation to which the advice or report was given was provided by a person or organisation authorised or funded by the Minister for Disability Services to provide a service. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Section 8 (4) definition of “visitable service”
Omit “Department” from paragraph (a). and Disability Department,”.
Section 11 Review of situation of person in care
Insert after section 11 (3):
| (3A) | On being informed of the results of a review, and being advised by the Commission, under subsection (3), the Minister for Community Services must send a copy of the results of the review and the advice to: | |||
|
Section 11 (4) (a)
Omit “Department”. and Disability Department,”.
Section 11 (6) definition of “child in care”
Omit “Director-General” wherever occurring in paragraphs (a) and
(c) (ii).
Insert instead “Director-General of the Department of Community
Services”.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[15] Section 11 (6 ) definition of “child in care”
| Omit “Minister” from paragraph (c) (ii). Insert instead “Minister for Community Services”. |
[16] Section 11 (6 ) definition of “person in care”
| Omit “Director-General”. Insert instead “Director-General of the Department of Community Services, or the Director-General of the Ageing and Disability Department,”. |
[17] Section 19
Omit the section. Insert instead:
19 Time for completion of assessment
| (1) | The Commission is required to carry out its assessment of a complaint as soon as possible but not later than 28 days after receiving the complaint. |
| (2) | If the Commission requires the complainant to provide further particulars of the complaint, the Commission may, within 28 days of receiving the complaint, notify the complainant that those particulars are required on or before a specified date. In that case, the Commission then has another 28 days (from that specified date) to carry out the assessment. |
| (3) | If the Commission requires further particulars of the complaint from some other person, the Commission may, within 28 days after receiving the complaint, notify the complainant that the Commission requires more time to assess the complaint. If the complainant agrees, the Commission may notify the other person that those particulars are required on or before a specified date (agreed to by the complainant). The Commission then has another 28 days (from that date specifed) to carry out the assessment. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
[18] Section 21 In what circumstances can the Commission decline to entertain a complaint?
Insert “ , trivial” after “vexatious” in section 21 (1) (b).
[19] Section 21 (1) (c)
Omit “is trivial or”.
[20] Section 26 Conciliators
| Omit “solution facilitators” wherever occurring in section 26 (1) and (2). Insert instead “conciliators”. |
[21] The whole Act (except Schedule 2)
| Omit “solution facilitator” wherever occurring. Insert instead “conciliator”. |
[22] Sections 27 and 28
| Omit “Solution Facilitation Division” wherever occurring. Insert instead “Conciliation Division”. |
[23 ] Section 29, heading
Omit “Solution facilitation”. Insert instead “Conciliation”.
[24 ] Section 38 Report on completion of action
| Omit “the Minister” where firstly occurring in section 38 (1) (b). Insert instead “the Minister for Community Services”. |
[25 ] Section 38 (2) (c)
| Omit “the Minister” where firstly occurring. Insert instead “the Minister for Community Services”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[26] Section 38 (3 )
Insert after section 38 (2):
| (3) | On receiving a copy of a report under subsection (1) (b), the Minister for Community Services must send a copy of the report to: | |||
|
[27 ] Section 40 Appeals to Tribunal
Omit section 40 (1) (d). Insert instead:
| (d) | against a decision that was made by a relevant decision maker and is of a class prescribed by the regulations for the purposes of this section, and |
[28] Section 40 (1) (e)
| Omit “other State Minister”. for Disability Services)”. Insert instead “State Minister (other than the Minister for |
[29] Section 40 (2A)
| Insert after section 40 (2): (2A) In this section: |
relevant decision maker means the following:
| (a) | the Minister for Community Services, |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| (b) | the Minister for Aged Services, |
| (c) | the Minister for Disability Services, |
| (d) | the Director-General of the Department of Community Services, |
| (e) | the Director-General of the Ageing and Disability Department, |
| (f) | the Commission, |
| (g) | a service provider. |
[30] Section 47 Powers of Tribunal in relation to appeals
| Omit “Minister” from section 47 (5). Insert instead “relevant Minister”. |
[31] Section 47 (6)
Insert after section 47 (5):
| (6) | In this section: |
| relevant Minister means: |
the Minister for Community Services, if the decision against which the appeal was made was made by the Minister for Community Services, the Director-General of the Department of Community Services or by a person or organisation authorised or funded by the Minister for Community Services to provide a service, or
the Minister for Aged Services, if the decision against which the appeal was made was made by the Minister for Aged Services, the Director-General of the Ageing and Disability Department (and the decision related to the provision of services to the aged) or by a person or organisation authorised or funded by the Minister for Aged Services to provide a service, or
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
| (c) | the Minister for Disability Services, if the decision against which the appeal was made was made by the Minister for Disability Services, the Director-General of the Ageing and Disability Department (and the decision related to the provision of services to people with disabilities) or by a person or organisation authorised or funded by the Minister for Disability Services to provide a service, or |
| (d) | the Minister for Community Services, if the decision against which the appeal was made was made by the Home Care Service of New South Wales or by a person or organisation funded by the Home Care Service of New South Wales to provide a service. |
Section 75 Reports
Omit “Minister” where firstly occurring in section 75 (1).
Insert instead “Minister for Community Services”.
Section 80 Investigation Division and Conciliation Division
Omit “Solution Facilitation Division”. Insert instead “Conciliation Division”.
Section 83 Functions of Commission
Omit “the Minister” from section 83 (1) (d). for Aged Services or the Minister for Disability Services”.
Section 83 (3)
Omit “the Minister, the Director-General”.
Insert instead “the Minister for Community Services, the Minister
for Aged Services, the Minister for Disability Services, the
Director-General of the Department of Community Services, the
Director-General of the Ageing and Disability Department”.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
[36] Section 8 3 (3A)
Insert after section 83 (3):
(3A) If the Commission makes such recommendations in relation to a person or body other than the Minister for Community Services, the Commission must forward a copy of the recommendations to the Minister for Community Services.
[37] Section 107 Constitution of the Community Services Review Council
Omit section 107 ( l ) (b). Insert instead:
| (b) | the Director-General of the Department of Community Services, |
(b1) the Director-General of the Ageing and Disability
Department,
[38] Section 113 Condition of provision of funds
| Insert instead “the Minister for Community Services within the Department of Community Services, or the Minister for Aged |
Omit “the Minister within the Department”. and Disability Department,”.
[39] Section 114 Reasons to be given for certain decisions
| Omit “the Minister, the Director-General, the Commission or a service provider” from section 114 (1). Insert instead “a relevant decision maker”. |
[40] Section 114 (3)
Insert after section 114 (2):
| (3) | In this section: | |
| relevant decision maker means the following: | ||
|
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
| (b) | the Minister for Aged Services, |
| (c) | the Minister for Disability Services, |
| (d) | the Director-General of the Department of Community Services, |
| (e) | the Director-General of the Ageing and Disability Department, |
| ( f ) | the Commission, |
| (g) | a service provider. |
[41] Section 119 Exclusion of personal liability
Insert after section 119 (a):
(a1) a Community Visitor, or
[42] Section 119
| Insert “the Community Visitor,” after “subject the member of the Tribunal,”. |
| Transitional |
| The re-enactment of section 19 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 extends to an assessment commenced but not completed before the date of commencement of that amendment. |
| The amendments to section 21 of the Community Services (Complaints, Appeals and Monitoring) Act 1993 extend to a complaint made before the date of commencement of those amendments. |
| Explanatory note Administrative arrangements |
| In May 1995 certain changes were made to the administration of certain community welfare legislation, including the Community Services (Complaints, Appeals and Monitoring) Act 1993. The Ageing and Disability Department was established as a department separate from the Department of Community Services. Three relevant Ministerial portfolios were created (Minister for Community Services, Minister for Aged Services and Minister for Disability Services). |
| The Community Services (Complaints, Appeals and Monitoring) Act 1993 deals with the handling of complaints and appeals in respect of the provision of all types of community services, and provides for the monitoring of the provision of community services generally. As a result of the administrative changes, it is necessary that references to the “Minister” in the Act include the Minister for |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Aged Services and the Minister for Disability Services, where appropriate, as well as the Minister for Community Services (who administers the Act). Similarly, as the conduct of both the Department of Community Services and the Ageing and Disability Department can be the subject of complaints, appeals and monitoring, the relevant references to “the Department” have to be construed as including both Departments.
Items [1], [3]-[7], [10]-[16], [24]-[32], [34 ]-[36 ] and [38 ]-[40 ] of the proposed amendments update the references to those Ministers and Departments (and to the relevant heads of those Departments) where appropriate. The Minister for Community Services continues to administer the Act, so references to “the Minister” in that administrative capacity are amended to refer to that Minister only. The amendments reflect certain provisions of the Administrative Changes (Community Welfare Legislation) Order 1995, which provided for certain references in the Act to be construed in a particular way.
Community Visitors
Part 2 of the Act provides for the appointment of Community Visitors who view the operations of a service, monitor the quality of services provided to residents and report on those matters to the Minister for Community Services and the Community Services Commission.
At present, Community Visitors are appointed for a maximum of 2 years and, i f qualified, are eligible for reappointment for consecutive terms of office totalling no more than 4 years.
Items [8] and [9] extend the term of appointment to 3 years and the term of
reappointment to a consecutive term of not more than 6 years.
At present, Community Visitors are not expressly entitled to immunity from
personal liability in respect of acts done in good faith for the purpose of executing
the Act (or any other Act).
Items [41] and [42] confer such immunity on Community Visitors.
Time frame for completion of assessment of complaint
At present, the Community Services Commission has 28 days in which to carry out an assessment of a complaint. If the Commission has requested that the complainant provide further information, the completion of an assessment must occur within 28 days after notice requiring more information is given. However, this ability to extend the time taken in completing an assessment does not apply if a request is made to a service provider to furnish additional information for the assessment of a complaint.
Item [17] extends the time frame for completion of an assessment, with the approval of the complainant, if the Commission considers that additional information is required from the service provider, or any other person, in order to complete the assessment.
The preliminary inquiry stage
When the Commission receives a complaint it is first required to assess the complaint for the purpose of deciding whether the complaint should be referred to the service provider (if possible) or should be the subject of alternative dispute
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
resolution, investigation or referral. After the assessment, the Commission may decline to entertain the complaint for any of the reasons set out in section 21 . Items [18 ] and [19]of the proposed amendments amend those reasons to make it clear that the Commission may decline to entertain a complaint on the basis that it does not warrant alternative dispute resolution or investigation. This can be decided for reasons other than triviality. The fact that a complaint is trivial is a separate and distinct ground for declining to entertain it.
Alternative dispute resolution (solution facilitation/conciliation)
Division 3 of Part 4 of the Act provides for the handling of complaints against service providers by alternative dispute resolution. The people employed for that purpose are currently referred to in the Act as “solution facilitators” and the process itself as “solution facilitation”. In future, the terms “conciliator” and “conciliation” will be used.
Items [20], [21] and [23] of the proposed amendments amend various provisions
of the Act to update all such references.
Items [2], [22 ] and [33] update references to the relevant Division of the Tribunal.
Community Services Review Council
Part 8 of the Act constitutes the Community Services Review Council to encourage the co-ordination of certain functions relating to the provision of community services and to provide the Minister with strategic advice.
Item [37] provides for both the Director-General of the Ageing and Disability Department and the Director-General of the Department of Community Services to be part-time members of the Council, so as to better reflect in the membership of that Council all aspects of community services dealt with by the Act. (The Director-General of the Department of Community Services is already a part-time member of the Council.)
Consumer Claims Tribunals Act 1987 No 206
Section 3 Definitions
Insert in alphabetical order in section 3 (1):
approved, in relation to a form, means approved by the
Minister.
Section 3 (1) definition of “Commissioner”
Omit the definition. Insert instead:
Commissioner means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
[3] Section 3 (1) definition of “consumer”
Omit paragraph (c). Insert instead:
| (c) | a small proprietary company, |
[4 ] Section 3 (3)
Omit the subsection. Insert instead:
| (3) | In this Act, a reference to a foreign company, a recognised company or a small proprietary company is a reference to such a company as defined in section 9 of the Corporations Law. |
[5 ] Section 13 Making a consumer claim
| Omit “prescribed form” from section 13 (1). Insert instead “approved form”. |
[6 ] Section 13 (2)
Omit “prescribed”.
[7 ] Section 18 Continuity of tribunal
| Omit “death, incapacity or removal from office” from section 18 (4). Insert instead “incapacity or vacation of office”. |
[8 ] Section 25 Rehearing of certain consumer claims
| Omit “prescribed form” from section 25 (1). Insert instead “approved form”. |
[9 ] Section 36 Enforcement of other tribunal orders
| Omit “prescribed form” from section 36 (4). Insert instead “approved form”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[10] Section 48 Regulations
Omit section 48 (1) (g).
Savings
A form prescribed under section 13, 25 or 36 of the Consumer Claims Tribunals Act 1987 and in force immediately before the date of assent to the Statute Law (Miscellaneous Provisions) Act 1996 is taken to be an approved form under the relevant provision of the Act, as amended by the Statute Law (Miscellaneous Provisions) Act 1996,until a form is approved under the relevant provision.
Explanatory note Approved forms
At present, section 13 of the Consumer Claims Tribunals Act 1987 requires a consumer who wishes to have a consumer claim heard and determined to lodge a claim in the form prescribed by the regulations.
An application to have a claim reheard (under section 25) and a notification that an order of the tribunal has not been complied with (under section 36 (4)), must also be in a form prescribed by the regulations.
Items [5], [6], [8] and [9 ] of the proposed amendments provide for the relevant forms to be approved by the Minister for Fair Trading rather than being prescribed by the regulations.
Item [1 ] inserts an appropriate definition of approved (in relation to a form). ltem [10 ] repeals the relevant regulation making power.
Small proprietary companies under the Corporations Law
The Consumer Claims Tribunals Act 1987 constitutes consumer claims tribunals and confers on them the power to hear any consumer claim referred to them in accordance with the Act. A consumer claim is defined to mean certain claims made by a consumer that arise from a supply of goods or services by a supplier to the consumer. At present, consumer is defined to include an exempt proprietary company.
The Corporations Law has recently been amended to replace the distinction between exempt and non-exempt proprietary companies with a distinction between small and large proprietary companies.
| Item [3] updates the definition of consumer so as to refer to a small proprietary company. Item [4 ] makes a consequential amendment, and updates a reference to the Companies (New South Wales) Code. |
| Continuity of tribunal hearings |
| Section 18 of the Act provides that a tribunal hearing a claim must be constituted by the same referee throughout unless the hearing is interrupted by the death, incapacity or removal from office of the referee. However, it does not include all of the circumstances in which an office is vacated (listed in clause 6 of Schedule 1 ) , |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
in particular, when an appointment expires and there is no re-appointment. Item
[7] makes it clear that section 18 applies whenever a hearing is interrupted by the incapacity or vacation of office of a referee.
of Fair Trading is referred to in the Act as “the Commissioner”.
Statute law revision
Item [2] updates the definition of Commissioner. The statutory office of
Commissioner of Consumer Affairs has been replaced by an office under the
Consumer Credit (New South Wales) Act 1995 No 7
Section 9 Conferral of administrative functions
Omit “Commissioner for Consumer Affairs”.
Insert instead “Director-General of the Department of Fair Trading
Section 11A
Insert after section 11:
11A Persons who may take proceedings
Proceedings for an offence against the Consumer Credit
(New South Wales) Code or the Consumer Credit (New South Wales) Regulations may be taken and prosecuted
only by a person acting with the authority of
| (a) | the Minister, or |
| (b) | a prescribed officer. |
An authority to prosecute purporting to have been signed by the Minister or a prescribed officer is evidence of that authority without proof of the signature of the Minister or the prescribed officer.
In proceedings for an offence against the Consumer
Credit (New South Wales) Code or the Consumer Credit (New South Wales) Regulations, the informant may
conduct his or her case personally, or by a legal practitioner, or by an agent authorised by the informant
in writing.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Explanatory note
Proceedings for offences
The Consumer Credit (New South Wales) Act 1995 (which is uncommenced) will regulate the provision of credit under new credit contracts by applying the Consumer Credit (New South Wales) Code. (The Credit Act 1984will continue to apply to credit contracts made before the commencement of the Act.)
Item [2] of the proposed amendments makes provision for proceedings for offences against the Consumer Credit (New South Wales) Code and the ConsumerCredit (New South Wales) Regulations to be instituted and prosecuted only by a person acting with the authority of the Minister for Fair Trading or a prescribed officer.
The provision parallels an uncommencedprovision of the Credit Act 1984 in respect of the prosecution of offences against that Act. (See Consumer Credit
| Administration Act 1995, Schedule 1 .1 | [7].) |
| Statute law revision |
Item [ 1 ] replaces an outdated reference to the Commissioner for Consumer Affairs. The statutory office of Commissioner for Consumer Affairs has been replaced by the office of Director-General of the Department of Fair Trading, under the Public Sector Management Act 1988.
1.12 Conveyancing Act 1919 No 6
[1] Section 89 Power of Court to modify or extinguish easements, profits a prendre and certain covenants
| Omit “an easement or to a restriction” from section 89 (1). Insert instead “an easement or a profit a prendre or to a restriction”. |
[2] Section 89 (1), (2) and (3)
| Omit “easement, restriction or obligation” wherever occurring. Insert instead “easement, profit a prendre, restriction or obligation”. |
[3] Section 89 (1) and (5)
| Omit “entitled to the easement” wherever occurring. Insert instead “entitled to the easement or profit a prendre” . |
[4] Section 89 (1) (b)
| Omit “land to which the easement” . Insert instead “land to which the easement, the profit a prendre” . |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Section 89 (1) (b)
Omit “abandoned the easement”.
Insert instead “abandoned the easement or profit a prendre”.
Section 89 (6 )
Omit “easements and restrictions”.
Insert instead “easements, profits a prendre and restrictions”.
Section 131 Costs and expenses
Omit “subsection (2) of section 129”.
Insert instead “section 129 (1)”.
Section 157A Trustee or personal representative deemed entitled to sell and convey land resumed under statutory authority
Omit “section 14” from section 157A (3).
Insert instead “section 14A”.
Transitional provision
The amendments to section 89 of the Conveyancing Act 1919 extend to profits a prendre existing at the commencement of the amendments.
Explanatory note Profits a prendre
At present, section 89 of the Conveyancing Act 1919 confers on the Supreme Court the power to modify or extinguish easements and certain restrictions or obligations arising under covenants. The section provides certain grounds on which the extinguishment or modification can be sought, including that the easement, restriction or obligation ought to be deemed obsolete by reason of change in the user of the land or the character of the neighbourhood or that the party entitled to the easement or the benefit of the restriction has agreed to the easement, restriction or obligation being modified or extinguished.
items [1]-[6] cfthe proposed amendments extend that power to include a power to modify or extinguish profits a prendre. (A profit a prendre is a right to take some product, such as fish or grass, or part of the soil, from someone else's land.)
Statute law revision
item [7] corrects an incorrect cross-reference in relation to the forfeiture of a investment of funds.
lease.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
| 1.13 | Crown Lands Act 1989 No 6 |
| Section 121 Liability of reserve trust, members and other persons | |
| Insert “or omitted to be done” after “done” wherever occurring in section 121 (1). | |
| Explanatory note | |
| Section 121 of the Crown Lands Act 1989 provides immunity from personal liability to members of a trust board, administrators and persons acting under the direction of a trust board or an administrator in the course of managing the affairs of a reserve trust. That immunity relates to any action, liability, claim or demand arising from any matter or thing done in good faith for the purposes of executing the Crown Lands Act 1989 or any other Act. | |
| The proposed amendment extends that immunity to include immunity from any action, liability, claim or demand arising from an omission by a reserve trust, a member of a trust board, an administrator or a person acting under the direction of a trust board or of an administrator. | |
| 1 .1 4 | Defamation Act 1 9 7 4 No 1 8 |
| [ 1 ] | Section 17KA Matters arising under the Community Services (Complaints, Appeals and Monitoring) Act 1993 |
| Omit “solution facilitator” from section 17KA (a). Insert instead “conciliator” . | |
| [ 2 ] | Section 17KA (b) |
| Omit “any such facilitator” . Insert instead “a conciliator” . | |
| Explanatory note | |
| The Community Services (Complaints, Appeals and Monitoring) Act 1993makes provision for the handling of complaints in relation to the provision of community services, including by alternative dispute resolution. At present, people are employed for that purpose as “solution facilitators”. Such people will in the future be known as “conciliators”. (See the amendments to the Community Services (Complaints, Appeals and Monitoring) Act 1993 proposed to be made elsewhere in this Schedule.) | |
| The proposed amendments update references to solution facilitators in the provision of the Defamation Act 1974 that confers a defence of absolute privilege in relation to matters arising under the Community Services (Complaints, Appeals and Monitoring) Act 1993. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| 1.15 | District Court Act 1973 No 9 |
| [ 1 ] | Section 18 Acting Judges |
| Insert “(other than the Statutory and Other Offices Remuneration Act 1975 )” after “Act” in section 18 (3). | |
| [ 2 ] | Section 18 (3B) |
| Insert after section 18 (3A): |
(3B) The person so appointed is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975. The remuneration payable to such a person is to be paid to the person so long as he or she continues to hold office.
[ 3 ] Section 85 Interest on judgment debt
| Omit “ , at the prescribed rate,” from section 85 (4). Insert instead “ ,a t the rate prescribed for the purposes of section 95 (1) of the Supreme Court Act 1970 ,”. | ||
| Commencement | ||
| The amendment to section 85 of the District Court Act 1973 is taken to have commenced on 17 May 1996 (the date of commencement of Schedule 1.3 [9] to the Courts Legislation Further Amendment Act 1995, which inserted section 85 | ||
| ||
| Explanatory note Remuneration of acting Judges | ||
| Section 18 of the District Court Act 1973 provides for the appointment of acting Judges. That section provides that a person appointed as an acting Judge is, for the purposes of any other Act, deemed to be a Judge. The Statutory and Other Offices Remuneration Tribunal is empowered under the Statutory and Other Offices Remuneration Act 1975 to make determinations regarding the remuneration of District Court Judges. Therefore, those determinations apply equally to acting District Court Judges. | ||
| An amendment to the Statutory and Other Offices Remuneration Act 1975 proposed to be made elsewhere in this Schedule specifically provides for the Tribunal to make determinations regarding the remuneration of acting District Court Judges. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Item [2] of the proposed amendments inserts a statement in section 18 of the District Court Act 1973 to make it clear that acting Judges are entitled to be paid remuneration determined in that manner for so long as they continue to hold office. (Section 15 of the Act makes an analogous provision in relation to Judges other than the Chief Judge.)
Item [ l ] makes a consequential amendment.
Interest on judgment debt
Section 85 of the District Court Act 1973 provides for the payment of interest on a judgment debt. Generally, the interest is calculated from the date when the judgment debt came into being, or from a later date specified by the Court. However, in respect of that part of the judgment debt which is an order as to the payment of costs, the Court can order a party to pay interest on the other party's costs from the date on which the successful party actually paid the amount in respect of costs.
Item [3] makes it clear that the rate of interest in respect of such orders is the same rate as that payable on the rest of the judgment debt.
| 1 .1 6 | Electricity Supply Act 1995 No 94 |
| [1] | Section 76 Orders for payment operate as judgments |
| Omit “ Local Court (Civil Claims) Act 1970 ” wherever occurring. Insert instead “ Local Courts (Civil Claims) Act 1970 ”. | |
| [2 ] | Section 8 3 Distribution districts of electricity distributors |
| Insert after section 83 (2): |
| (3) | A reference in Schedule 3 to a part of a local government area is (if that part is not described in that Schedule) a reference to such part of the local government area as is described by the regulations for the purposes of that reference. |
[3 ] Section 92 Non-franchise customers
Omit “on order” from section 92 (3). Insert instead “an order”.
[4 ] Schedule 6 Savings, transitional and other provisions
| Omit “ so as to convey” from clause 16 (3) (a). Insert instead “for the purpose of conveying”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Schedule 6, clause 16 (3 ) (a)
Omit “to, from and along TransGrid's transmission system,”.
Commencement
The amendment to section 8 3 of the Electricity Supply Act 1995 is taken to have commenced on 1 March 1996 (the date of commencement of section 8 3 o f that Act).
Explanatory note
Distribution districts
Schedule 3 to the Electricity Supply Act 1995 lists all electricity distributors and the distribution district of each distributor. The Schedule does this by reference to local government areas or parts of government areas.
Item [2] of the proposed amendments provides that where Schedule 3 includes a reference to part of a local government area, but does not describe that part, a regulation can be made describing the relevant part in detail. That description will have effect as if it were part of the description of the distribution district in Schedule 3 .
Authority of electricity distributors
Clause 1 6 (3 ) (a) of Schedule 6 to the Act provides that each electricity distributor that was in existence on the date of commencement of the clause is taken to hold a network operator's authorisation authorising it to operate its distribution system so as to convey electricity, for or on behalf of wholesale traders. That provision incorrectly states that the electricity must be conveyed to, from and along TransGrid's transmission system.
Item [5 ] omits the redundant words from that (uncommenced) provision. dealing with authorisations.
Statute law revision
Item [1]corrects the citation of an Act. Item [3 ] corrects a typographical error.
Energy Services Corporations Act 1995 No 9 5
Schedule 2 Supplementary provisions concerning constitution and procedure
Insert after clause 2 (3):
(3A) The board may, after consultation with the voting shareholders, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[ 2 ] Schedule 2, clause 2 (6)
Insert “2 ,” after “clauses”.
[3 ] Schedule 2, clause 3 (5)
Omit the subclause. Insert instead:
| (5) | Clause 5 of Schedule 9 to the State Owned Corporations Act 1989 does not apply to an acting chief executive officer of an energy services corporation. |
[4 ] Schedule 4 Amendment of other Acts and instruments
Omit Schedule 4.1.
[5 ] Schedule 4
Omit Schedule 4.8.
| Explanatory note Chief executive officers of energy services corporations |
| At present, the board of an energy services corporation may determine the remuneration of the corporation's chief executive officer, but requires the approval of the Minister for Energy to fix the conditions of that officer's employment. |
| Item [1 ] of the proposed amendments will enable the board to determine both the conditions of employment and the remuneration of the chief executive officer. Item [2] removes the power of the Minister in this regard. |
| Acting chief executive officers |
| an acting chief executive officer of an energy services corporation. |
| At present both the board and the Minister for Energy have the power to appoint board. |
| Repeal of certain uncommenced provisions |
| Item [4] repeals an amendment to the Attachment of Wages Limitation Act 1957. That amendment omits Pacific Power from the Schedule of authorities to which that Act applies. The amendment was made in error and was never commenced. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Item [5] repeals an uncommenced amendment to the Electricity Transmission Authority Act 1994. The relevant amendment substitutes the definition of electricity supply authority and inserts definitions of two other terms that are used only in that definition. The only reference to an electricity supply authority in the Act has been repealed, so all three definitions are redundant.
| 1.18 | Environmentally Hazardous Chemicals Act 1985 No 14 |
| [ 1 ] | Section 3 Definitions |
| Omit the definitions of inventory, listed chemical and unlisted | |
| chemical from section 3 (1). | |
| [ 2 ] | Section 7 Functions of the Committee |
| Omit “‘listed” from section 7 (1) ( c ) . | |
| [ 3 ] | Part 3 , Division 1 (sections 8 and 9) |
| Omit the Division. | |
| [ 4 ] | Section 12 Application for assessment of unlisted chemical |
| Omit the section. | |
| [ 5 ] | Sections 14 (2), 15 (2) and 17 (1) and (3 ) |
| Omit “listed or an unlisted” wherever occurring. | |
| [ 6 ] | Section 14 (2) |
| Omit “any such chemical”. Insert instead “a chemical”. | |
| [ 7 ] | Section 15 Authority to assess chemicals and activities |
| Omit “unlisted chemical or prohibited activity, as the case may be,” from section 15 (1). Insert instead “prohibited activity”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Section 16 Request for further information
Omit “unlisted chemical or the prohibited activity, as the case may
be,”.
Insert instead “prohibited activity”.
Sections 17 (4) and 19 (1)
Omit “listed” wherever occurring.
Section 18 Consideration of information and submissions from applicant
Omit “an unlisted chemical or of”.
Section 20 Outcome of assessment
Omit “listed or unlisted” from section 20 (a).
Section 27 Supply of certain later information by applicants for assessment
Omit section 27 (1). Insert instead:
| (1) | Where any information about any chemical waste comes to the knowledge of a person who is or was an applicant under section 13 for assessment of a prescribed activity in relation to the waste, being information that contradicts or modifies any information furnished by the person in or in connection with the person's application for assessment, the person must forthwith supply the Authority with particulars of the new information. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Section 37 Order for assessment
Omit “unlisted chemical or the” from section 37 (1).
Section 37 (2) (a)
Omit “unlisted chemical or”.
Section 45 Powers of authorised officers
Omit “an unlisted chemical or” wherever occurring in section 45 (1)
(g) and (h).
Section 45 (2A)
Omit “an unlisted chemical,”.
Explanatory note
Section 8 of the Environmentally Hazardous Chemicals Act 1985 provides for the compilation or adoption .of an inventory of known chemicals. Such an inventory has been adopted.
In its original conception, the Act prohibited the manufacture, sale or industrial use of a chemical that was not listed in the inventory (section 9), and provided machinery for persons having an interest in avoiding these prohibitions to cause such a chemical to be listed, following assessment by the Authority to determine any environmental hazard that might be associated with the chemical concerned (section 12).
The scheme created by these provisions was, however, overtaken by the National Industrial Chemicals Notification and Assessment Scheme, a Commonwealth initiative undertaken in accordance with the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth, and the relevant provisions of the State Act were never commenced.
The proposed amendments abolish the requirement to maintain an inventory of chemicals, repeal related provisions and make other consequential amendments.
Fair Trading Act 1987 No 68
Section 4 Definitions
Omit “Minister” from the definition of investigator in section 4 (1).
Insert instead “Commissioner”.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Section 18 Office and identification of investigator
Omit “Minister” where firstly occurring in section 18 (1).
Insert instead “Commissioner”.
Transitional
The amendment to section 18 of the Fair Trading Act 1987 does not affect the validity of any appointment made before the commencement of that amendment. Such an appointment is taken to have been made by the Director-General of the Department of Fair Trading.
Explanatory note
At present, section 18 of the Fair Trading Act 1987 empowers the Minister for Fair
Trading to appoint an officer as an investigator for the purposes of the Act and
any other legislation administered by the Minister.
Item [2] of the proposed amendments provides for the Director-General of the
Department of Fair Trading to make those appointments, rather than the Minister.
(The Director-General is referred to in the Act as “the Commissioner”.)
Item [1 ] makes a consequential amendment.
Independent Commission Against Corruption Act 1988
No 35
Section 72C Functions of Committee
Omit “31 July” from section 72C (5).
Insert instead “30 September”.
Section 72E Functions
Omit “31 July” from section 72E (5).
Insert instead “30 September”.
Explanatory note
Section 72B of the Independent Commission Against Corruption Act 1988 provides for the designation of a Committee of the Legislative Council to carry out certain functions. Those functions are set out in section 72C and include the preparation of a draft code of conduct for members of the Legislative Council. The Standing Committee on Parliamentary Privilege and Ethics has been designated for that purpose.
Section 72D of the Act constitutes the Standing Ethics Committee of the Legislative Assembly, whose functions (set out in section 72E) include the preparation of a draft code of conduct for members of the Legislative Assembly.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
Each committee is required to present the draft code of conduct to the relevant
House of Parliament no later than 31 July 1996.
The proposed amendments extend that deadline to 30 September 1996.
| 1.21 | Motor Dealers Act 1974 No 52 |
| [ 1 ] | Section 4 Definitions |
| Omit the definition of Commissioner from section 4 (1 ). Insert instead: |
Commissioner means the Director-General of the
Department of Fair Trading holding office as such under
Part 2 of the Public Sector Management Act 1988.
[ 2 ] Section 6 Performance of Commissioner's functions
Insert “(other than the power under this section)” after “Act” where firstly occurring in section 6 (1).
[ 3 ] Section 6 (1)
Omit “(other than the determinationunder section 35 of a dispute or the making of an order under section 36)”.
[ 4 ] Section 6 (2)
Omit the subsection.
[ 5 ] Section 27 Obligations of dealer to repair defects
Omit “or has ceased to be a dealer” from section 27 (6 ) . be a dealer”.
[ 6 ] Section 29A Car market operator liable for loss incurred by purchaser of encumbered vehicle in certain circumstances
| 29A (3). |
| Omit “or has ceased to be a car market operator” from section has ceased to be a car market operator”. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
[7] Section 38A Definitions
| Omit “his or her” wherever occurring in the definition of property in section 38A (1). Insert instead “the holder's or other person's”. |
[8] Section 56A Evidence as to certain matters relating to licences
Omit “purporting to be under the hand”.
| Explanatory note References to “the Commissioner” |
| Item [1 ]o f the proposed amendments updates the definition of Commissioner. The statutory office of Commissioner for Consumer Affairs has been replaced by an office under the Public Sector ManagementAct 1988, but the Director-General of the Department of Fair Trading is referred to in the Motor Dealers Act 1974 as “the Commissioner”. |
| Appointment of officers to exercise the Director-General's functions |
| At present, section 6 of the Motor Dealers Act 1974 provides for the Director-General to authorise an officer appointed and holding office under section 7 of the Fair Trading Act 1987 to exercise certain functions of the Director-General. However, that power does not extend to allow the authorisation of an officer to determine a dispute or to make certain orders for the repair of defects. Only the Minister for Fair Trading can authorise an officer to exercise those functions. |
| Item [3] of the proposed amendments removes the distinction between those functions and the other functions of the Director-General. As a result, the Director-General is empowered to authorise an officer to exercise any of the Director-General's functions. |
| Items [2] and [4] make consequential amendments. |
| Certificate evidence |
| Section 56A provides for a certificate regarding the holding of a licence and other matters to be admissible in evidence and to be prima facie evidence of the matters stated in the certificate. That certificate is required to be made under the hand of the Director-General. |
| Item [8] removes that requirement, so as to make it clear that the certificate is made by the Director-General in the exercise of a function that can be delegated. |
| Statute law revision |
| Items [5] and [6] clarify the meaning of two provisions. provision. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| 1.22 | Motor Vehicles Taxation Act 1988 No 111 |
| Section 3 Definitions | |
| Omit “(other than an application for the transfer of registration)” from section 3 (2) (d). | |
| Commencement | |
| The amendment to the Motor Vehicles Taxation Act 1988 commences on a day to be appointed by proclamation. | |
| Explanatory note | |
| The Motor Vehicles Taxation Act 1988 provides for the imposition of motor vehicle tax on the registration of motor vehicles. Generally, the Act provides for a lower rate of tax if the relevant motor vehicle is used substantially for private purposes and in the opinion of the Roads and Traffic Authority its use for any other purpose is minimal. | |
| At present, “private” treatment is applied to certain smaller motor vehicles owned and registered by the holder of a licence under the Motor Dealers Act 1974. A motor car, station waggon, caravan or small trailer ordinarily used for social or domestic purposes that is held for resale or exchange by a motor dealer (or is used for social or domestic purposes) is treated as if it were used substantially for private purposes and therefore attracts a lower rate of motor vehicle tax than it would if it were treated as a business vehicle. However, that private treatment applies only to a motor vehicle registered pursuant to an application made by the motor dealer and does not apply if the motor vehicle is registered pursuant to an application for the transfer of registration. | |
| The proposed amendment removes the distinction between vehicles registered pursuant to a transfer and those otherwise registered and applies private treatment to all such vehicles. | |
| 1.23 | Podiatrists Act 1989 No 23 |
| Section 16 Consequence of misconduct or other wrongdoing | |
| Omit “or an inquiry” from section 16 (1). Insert instead “and an inquiry”. | |
| Explanatory note | |
| Part 4 of the Podiatrists Act 1989 deals with complaints against registered podiatrists. When the Podiatrists Registration Board receives a complaint it must first notify the Health Care Complaints Commission of the complaint. In addition, the Board may determine that an inquiry be conducted in respect of a complaint either by the Board itself or by a Professional Standards Committee. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
Section 16 of the Act sets out the action that the Board may take if it is satisfied that the subject-matter of a complaint against a registered podiatrist is proved. At present, section 16 (1) suggests that the Board can form that view after either an investigation conducted by the Health Care Complaints Commission or an inquiry conducted by the Board or a Professional Standards Committee. In fact, in every relevant case there will have been both an inquiry by the Health Care Complaints Commission (under the Health Care Complaints Act 1993) as a preliminary measure, and an inquiry by the Board or Professional Standards Committee (under the Podiatrists Act 1989).
The proposed amendment makes it clear that the inquiry by the Health Care Complaints Commission is not in itself sufficient grounds for disciplinary action to be taken in relation to a complaint.
| 1.24 | Poisons Act 1966 No 31 |
| Section 8 Poisons List | |
| Insert “ , as in force at a particular time or as in force from time to time” after “published standard” in section 8 (7). | |
| Explanatory note | |
| The Poisons Act 1966 regulates, controls and prohibits the supply and use of poisons, restricted substances, drugs of addiction and certain dangerous drugs. For that purpose, section 8 of the Act establishes the Poisons List, which contains 8 Schedules into which the substances included in the list are classified. | |
| The Poisons List may be amended by proclamation made on the recommendation of the Minister. At present, section 8 (7) provides that an amendment to the Poisons List may be made by applying, adopting or incorporating a standard published by the National Health and Medical Research Council or any other published standard. The Poisons List is predominantly based on and follows the national recommendations contained in the Standard for the Uniform Scheduling of Drugs and Poisons. | |
| The proposed amendment will permit the application, adoption or incorporation of a published standard as in force at a particular time or as in force from time to time. This will eliminate the need to make a proclamation every time the published standard is amended. (However, the Minister for Health will retain the power to amend the Poisons List, including by departing from any published standard where the Minister considers it appropriate to do so.) |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
| 1.25 | Property, Stock and Business Agents Act 1941 No 28 |
| [ 1 ] | Section 22A |
| Insert after section 22: | |
| 22A Phasing in of 3-year licences |
| (1) | Despite section 22, an applicant for a licence may elect to have a licence issued for a term of 1 year only. | |||
| (2) | Despite section 22, an applicant for the renewal of a licence may elect to renew the licence for a term of 1 year only. | |||
| (3) | This Act and the regulations apply to each issue of a licence or renewal of a licence pursuant to such an election as i f | |||
| ||||
| (4) | This section ceases to have effect on 1 March 1999. |
[2] Schedule 2 Savings and transitional provisions
Omit clause 9.
[3] Schedule 2, Part 5
Insert after Part 4:
| ||
| 23 Surrender of licence and grant of refund to certain |
persons
| (1) | This clause applies to a person to whom a 3-year licence, or a 3-year renewal of a licence, was granted on or after |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
1 March 1996 and before the date of commencement of Schedule 1.25 to the Statute Law (Miscellaneous
Provisions) Act 1996.
| (2) | A person to whom this section applies may notify the Council in writing that the person wishes to surrender the licence in respect of the second and third years of the licence's operation and may deliver the licence to the Council. | |||||||
| (3) | If the Council receives such a notice and licence, the Council must: | |||||||
| ||||||||
| (4) | This clause does not affect the rights of any person to surrender a licence completely under section 22 (4). | |||||||
| (5) | This clause ceases to have effect on the first anniversary of the commencement of Schedule 1.25 to the Statute | |||||||
| Law (Miscellaneous Provisions) Act 1996. |
Explanatory note
In 1992 the Property, Stock and Business Agents Act 1941 was amended to provide that licences operate for a term of 3-years, with the fee payable in full at the time of application. Provision was made to phase in that scheme in respect of existing licensees so as to reduce any hardship to continuing licensees resulting from the introduction of the 3-year licensing period.
That is, since 1993 (when those amendments commenced) new entrants to the industry have had to pay for a 3-year licence at the time of application. Existing licensees have had the option of renewing their licences annually.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Minor amendments | Schedule 1 |
The proposed amendments extend the effect of the phasing-in period. New applicants for licences, as well as existing licence holders, will have the option of applying for the issue or renewal of a licence for a l-year term. Fees associated with the issue and renewal of licences will be reduced accordingly. The option of a shorter licence will have effect only until 1 March 1999. (As the phasing-in period lapsed on 1 March 1996, provision is made for those people who took out 3-year licences to surrender the licence in respect of its second and third year of operation and to receive an appropriate refund.)
| 1.26 | Psychologists Act 1989 N o 51 Section 16 Consequence of misconduct or other wrongdoing |
| Omit “or an inquiry” from section 16 (1). Insert instead “and an inquiry”. | |
| Explanatory note | |
| Part 4 of th e Psychologists Act 1989 deals with complaints against registered psychologists. When the Psychologists Registration Board receives a complaint it must first notify the Health Care Complaints Commission of the complaint. In addition, the Board may determine that an inquiry be conducted in respect of a complaint either by the Board the Board or by a Professional Standards Committee. | |
| Section 16 of the Act sets out the action that the Board may take if it is satisfied that the subject-matter of a complaint against a registered psychologist is proved. At present, section 16 (1) suggests that the Board can form that view after either an investigation conducted by the Health Care Complaints Commission or an inquiry conducted by the Board or a Professional Standards Committee. In fact, in every relevant case there will have been both an inquiry by the Health Care Complaints Commission (under the Health Care Complaints Act 1993) as a preliminary measure, and an inquiry by the Board or Professional Standards Committee (under the Psychologists Act 1989). | |
| The proposed amendment makes it clear that the inquiry by the Health Care Complaints Commission is not in itself sufficient grounds for disciplinary action to be taken in relation to a complaint. | |
| 1.27 | Roads Act 1993 N o 33 Section 264A |
| Insert after section 264: |
264A National road transport regulations
| (1) | Without limiting the generality of section 264 or any other provision of this or any other Act authorising regulations to be made, regulations may be made under |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 1 | Minor amendments |
this Act, for the State, for or with respect to any matters referred to in section 9 of the Road Transport Reform
(Vehicles and Traffic) Act 1993 of the Commonwealth.
| (2) | Any such regulations may apply to a vehicle, animal or person on a road or road related area. | |
| (3) | Any such regulations may make provision for a matter by applying, adopting or incorporating: | |
|
Act 1993 of the Commonwealth, and
| (b) | any national standards as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth, and |
| (c) | any other publication, as in force from time to time, relating to the construction, design or equipment of motor vehicles. |
| (4) | Any such regulations may: | |||
| ||||
| (5) | Any such regulations may: | |||
|
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 4 | Amendments transferring provisions |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein. |
| (4) | This clause is taken to have commenced on 16 December 1987 (the date of assent to the amending Act). |
| (5) | Subclauses ( l ) , (2) and (3) re-enact (with minor modification) section 4 of the amending Act (which is uncommenced). |
| Part 3 | Provisions consequent on enactment of Local Courts (Civil Claims) Amendment Act 1990 |
1E Definition
In this Part, amending Act means the Local Courts (Civil
Claims) Amendment Act 1990.
1F Application to certain actions
| (1) | The amendments made to this Act by the amending Act do not apply to actions commenced in a Local Court before 1 September 1991 (the date of commencement of Schedule 1 (2) of the amending Act). |
| (2) | This clause is taken to have commenced on 1 September 1991. |
| (3) | Subclause (1) re-enacts (with minor modification) section 5 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the |
| Interpretation Act 1987 applies. |
| Part 4 | Provisions consequent on enactment of Courts Legislation (Amendment) Act 1993 |
provisions) to the Local Courts (Civil Claims) Act 1970 the substance of transitional provisions (of possible on-going effect) contained in each of the following Acts:
Explanatory note
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Amendments transferring provisions | Schedule 4 |
| • | Local Courts (Civil Claims) (Garnishee Proceedings) Amendment Act 1987 (section 4) |
| • | Local Courts (Civil Claims) Amendment Act 1987 (section 4: uncommenced) |
| • | Local Courts (Civil Claims) Amendment Act 1990 (section 5) |
The enactment of the amendment enables the repeal, by Schedule 5 to this Act, of those Acts. In accordance with section 30A of the Interpretation Act 1987, the transfer of the provisions does not affect the operation (if any) or meaning of the provisions.
| 4.3 | Western Lands Act 1901 No 70 | |
| Schedule C Savings, transitional and other provisions | ||
| Insert immediately after the heading to the Schedule: | ||
| ||
| 1AA Definition |
In this Part, amending Act means the Western Lands
(Amendment) Act 1934.
1AB Construction of certain references
| (1) | A reference in any Act, rule, regulation, by-law, order, proclamation, notification or instrument to the Western Land Board of New South Wales, the Western Lands Commissioners or the Commissioners (when used in reference to the Commissioners appointed under this Act) is taken to be a reference to the Commissioner appointed under this Act as amended by the amending Act. |
| (2) | This clause is taken to have commenced on 24 August 1934 (the date of commencement of the amending Act). |
| (3) | Subclause (1) re-enacts (with minor modification) section 4 (4) of the amending Act. Subclause ( l ) is a transferred provision to which section 30A of the |
| Interpretation Act I987 applies. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 4 | Amendments transferring provisions |
| Part 1B | Provisions consequent on enactment of Western Lands (Amendment) Act 1980 |
1AC Definition
In this Part, amending Act means the Western Lands
| (Amendment) Act | 1980. |
1AD Construction of references to forms
A reference in any other Act, or in any by-law, regulation or ordinance or in any other instrument or document, whether of the same or of a different kind or nature, to a form prescribed under this Act, as in force before 26 March 1980 (the date of commencement of the amending Act), is to be construed as a reference to the corresponding form (if any) approved under this Act, as amended by the amending Act.
This clause is taken to have commenced on 26 March
1980.
Subclause (1) re-enacts (with minor modification) section 4 (2) of the amending Act. Subclause (1) is a transferred provision to which section 30A of the
Interpretation Act 1987 applies.
Provisions consequent on enactment of
Western Lands (Amendment) Act 1989
1AE Definition
In this Part, amending Act means the Western Lands
(Amendment) Act 1989.
1AF Redeterminations of rent
| ( l ) | This clause applies to a lease if | |
|
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Amendments transferring provisions | Schedule 4 |
| (b) | on or after 20 April 1989 and before the next succeeding date for redetermination of the rent of the lease, the purpose of the lease is changed under section 18J of this Act. |
If this clause applies to a lease, a redetermination resulting from the change of purpose is to be made on the basis prescribed by this Act, as in force at the time of the change, for land set apart or held for the new purpose.
This clause is taken to have commenced on 20 April
1989.
Subclauses (1) and (2) re-enact (with minor modification) clause 3 of Schedule 7 to the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Explanatory note
The proposed amendment inserts in Schedule C (Savings, transitional and other provisions) to the Western Lands Act 1907 the substance of transitional provisions (of possible on-going effect) contained in each of the following Acts:
| • | Western Lands (Amendment) Act 1934 |
| • | Westem Lands (Amendment) Act 1980 |
| • | Western Lands (Amendment) Act 1989 |
The enactment of the amendment enables the repeal, by Schedule 5 to this Act, of those Acts. In accordance with section 30A of the Interpretation Act 1987, the transfer of the provisions does not affect the operation (if any) or meaning of the provisions.
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 5 | Repeals |
| Schedule 5 | Repeals |
(Section 4)
Repeal o f Acts
Western Lands (Amendment) Act 1918 No 15** Western Lands (Amendment) Act 1930 No 16** Western Lands (Amendment) Act 1934 No 12*
Superannuation (Amendment) Act 1952 No 43**
Riverina Insurance Company Limited and Another Insurance Company Act
1971 No 20***
Forestry, Soil Conservation and Other Acts (Amendment) Act 1972 No 26**
Local Government (Amendment) Act 1972 No 30**
Western Lands (Amendment) Act 1972 No 55**
Northumberland Insurance Company Limited Act 1975 No 86***
Western Lands (Amendment) Act 1980 No 8*
Western Lands (Amendment) Act 1985 No 132**
Local Courts (Civil Claims) (Garnishee Proceedings) Amendment Act 1987
No 21*
Local Courts (Civil Claims) Amendment Act 1987 No 281*
Bail (Amendment) Act 1988 No 16*
Bail (Further Amendment) Act 1988 No 60*
Miscellaneous Acts (Motor Accidents) Amendment Act 1988 No 103**
Stamp Duties (Amendment) Act 1988 No 130**
Western Lands (Amendment) Act 1989 No 18*
Crimes (Life Sentences) Amendment Act 1989 No 218**
Crimes Legislation (Amendment) Act 1990 No 5**
Usury, Bills of Lading, and Written Memoranda (Repeal) Act 1990 No 7**
Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990
No 11**
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Repeals | Schedule 5 |
Crimes (Public Justice) Amendment Act 1990 NO 5 1 * *
Criminal Procedure Legislation (Amendment) Act 1990 No 74**
Bail (Amendment) Act 1990 No 81*
Local Government (Backpackers Hostels) Amendment Act 1990 No 89**
Stamp Duties (Miscellaneous Amendments) Act 1990 NO 95**
Local Courts (Civil Claims) Amendment Act 1990 No 104*
Miscellaneous Acts (Public Health) Repeal and Amendment Act 1990
No 123**
Totalizator (Off-course Betting) Amendment Act 1991 No 33**
Road Improvement (Special Funding) Amendment Act 1991 No 43**
Criminal Legislation (Amendment) Act 1992 No 2**
Firearms Legislation (Amendment) Act 1992 No 13**
Bail (Amendment) Act 1992 No 16*
Pilotage (Amendment) Act 1992 No 41**
Road Improvement (Special Funding) Amendment Act 1992 No 75**
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992
No 81**
Treasury Corporation (Amendment) Act 1992 No 113**
Superannuation (Retired Magistrates) Amendment Act 1993 No 1 * *
Stock Medicines (Amendment) Act 1993 No 4**
Stock (Chemical Residues) Amendment Act 1993 No 5**
Ombudsman (Amendment) Act 1993 No 37**
Stamp Duties (Amendment) Act 1993 No 41**
Film and Video Tape Classification (Amendment) Act 1993 No 44**
Subordinate Legislation (Amendment) Act 1993 No 48**
Liquor (Taxation) Amendment Act 1993 No 55**
Registered Clubs (Taxation) Amendment Act 1993 No 56**
Parliamentary Appropriation Act 1993 No 60***
Road Improvement (Special Funding) Amendment Act 1993 No 63**
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 5 | Repeals |
Crimes Legislation (Review of Convictions) Amendment Act 1993 No 64**
Courts Legislation (Amendment) Act 1993 No 80**
Bail (Domestic Violence) Amendment Act 1993 No 102*
Parliamentary Committees Enabling Act 1993 NO 106***
Maritime Services (Offshore Boating) Amendment Act 1994 No 3**
Police Service (Complaints) Amendment Act 1994 No 9**
Crimes Legislation (Unsworn Evidence) Amendment Act 1994 No 26**
Justices (Fine Default) Amendment Act 1994 No 30**
Film and Video Tape Classification (Amendment) Act 1994 No 3 1 * *
Bush Fires (Further Amendment) Act 1994 No 34**
Fire Brigades (Amendment) Act 1994 No 36**
Rural Lands Protection (Amendment) Act 1994 No 55**
Appropriation Act 1994 No 66***
Road Improvement (Special Funding) Amendment Act 1994 No 70**
Crimes (Dangerous Driving Offences) Amendment Act 1994 No 78**
Crimes (Home Invasion) Amendment Act 1994 No 84**
Summary Offences and Other Legislation (Graffiti) Amendment Act 1994
No 90**
Fire Brigades Amendment (Contributions) Act 1995 No 6**
Road Improvement (Special Funding) Amendment Act 1995 No 15**
Corporations (New South Wales) Amendment Act 1995 No 20**
Liquor Amendment Act 1995 No 34**
Liquor Further Amendment Act 1995 No 70**
Road Improvement (Special Funding) Further Amendment Act 1995
No 86**
Notes
indicates repeal of an Act whose savings, transitional or other provisions of on-going effect are transferred to, or re-enacted in, the Principal Act (by Schedule 4 to this 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
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Repeals | Schedule 5 |
Explanatory note
The repeals are explained in detail in the explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions.
Section 30 (2)of the Interpretation Act 1987 ensures that, when an amending Act is repealed, no amendment made by the Act is affected. Section 30 (2 ) also ensures that the following matters are not affected:
| (a) | the proof of any past act or thing, |
| (b) any right, privilege, obligation or liability saved by the operation of the Act, An amendment proposed to be made to section 30 (2 ) in Schedule 1 to this Act will also make it clear that the amendment or repeal of an Act or statutory rule does not affect the continuing operation (if any) of a provision of a savings or transitional nature that is contained in the Act or statutory rule. | (c) | any validation made by the Act. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 6 | General savings, transitional and other provisions |
| Schedule 6 | General savings, transitional and other provisions |
(Section 5)
1 Effect of amendment of amending provisions
| ( l ) | An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision. |
(2) In this clause:
amending provision means a provision of an Act, or of any
| other instrument, being a provision that has commenced and that makes a direct amendment to an Act by: | ||||||
| ||||||
| 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. |
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, |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| General savings, transitional and other provisions | Schedule 6 |
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.
Explanatory note
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) | Without limiting the generality of subclause ( l) , the substitution of a provision of the Transferred Officers Extended Leave Act |
| 1961 by Schedule 3 does not affect any rights accrued or | |
| accruing under the provision before its ommission. | |
| Explanatory note | |
| 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 3 is included in the Reprints Act 1972 (section 11). |
4 Regulations
The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
Any such provision may, if the regulations so provide, take date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
effect from the date of assent to this Act or a later date.
| (a) | to affect, in a manner prejudicial to any person (other than the State or any authority of the State), the rights of that person existing before the date of its publication, or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Statute Law (Miscellaneous Provisions) Act 1996 No 30
| Schedule 6 | General savings, transitional and other provisions |
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.
Explanatory note
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Notes
Index of Acts amended by Schedules 1, 2, 3 and 4
Adoption Information Amendment Act 1995 No 61—Sch 2
Anatomy Act 1977 No 126—Sch 1, Sch 3
Arbitration (Civil Actions) Act 1983 No 43—Sch 3
Area Health Services Act 1986 No 50—Sch 1
Associations Incorporation Act 1984 No 143—Sch 2
Attachment of Wages Limitation Act 1957 No 28—Sch 3
Australian Mutual Provident Society Act 1988 No 47—Sch 1
Bail Act 1978 No 161—Sch 4
Bush Fires Act 1949 No 31—Sch 1
Business Names Act 1962 No 11—Sch 2
Cattle Compensation Act 1951 No 26—Sch 3
Charitable Trusts Act 1993 No 10—Sch 1
Chiropractors and Osteopaths Act 1991 No 7—Sch 1
Classification (Publications, Films and Computer Games) Enforcement Act
1995 NO 63—Sch 1
Commercial Tribunal Act 1984 No 98—Sch 1
Community Services (Complaints, Appeals and Monitoring) Act 1993
NO 2—Sch 1
Community Welfare Act 1987 No 52—Sch 2
Consumer Claims Tribunals Act 1987 No 206—Sch 1
Consumer Credit (New South Wales) Act 1995 No 7—Sch 1
Conveyancing Act 1919 No 6—Sch 1
Co-operatives Act 1992 No 18—Sch 2
Credit Act 1984 No 94—Sch 2
Credit (Finance Brokers) Act 1984 No 96—Sch 2
Credit (Home Finance Contracts) Act 1984 No 97—Sch 2
Credit (Rural Contracts) Act 1987 No 205—Sch 2
Crown Lands Act 1989 No 6—Sch 1
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Dangerous Goods Act 1975 NO 68—Sch 3
Defamation Act 1974 No 18—Sch 1
Dentists Act 1989 No 139—Sch 2
Disorderly Houses Act 1943 NO 6—Sch 3
District Court Act 1973 No 9—Sch 1
Dormant Funds Act 1942 No 25—Sch 3
Electricity Safety Act 1945 (1946 No 13)—Sch 2
Electricity Supply Act 1995 No 94—Sch 1
Employment Protection Act 1982 No 122—Sch 3
Energy Services Corporations Act 1995 No 95—Sch 1
Environmentally Hazardous Chemicals Act 1985 No 14—Sch 1
Environmental Planning and Assessment Act 1979 No 203—Sch 2
Fair Trading Act 1987 No 68—Sch 1
Family Provision Act 1982 No 160—Sch 3
Fish River Water Supply Administration Act 1945 No 16—Sch 3
Fisheries Act 1935 No 58—Sch 3
Forfeiture Act 1995 No 65—Sch 2
Friendly Societies Dispensaries Enabling Act 1945 No 11—Sch 3
Habitual Criminals Act 1957 No 19—Sch 3
Health Administration Act 1982 No 135—Sch 2, Sch 3
Health Insurance Levies Act 1982 No 159—Sch 3
Independent Commission Against Corruption Act 1988 No 35—Sch 1
Independent Pricing and Regulatory Tribunal Act 1992 No 39—Sch 2
Intoxicated Persons Act 1979 No 67—Sch 3
Irrigation Act 1912 No 73—Sch 3
Landlord and Tenant (Rental Bonds) Act 1977 No 44—Sch 2
Law Foundation Act 1979 No 32—Sch 2
Law Reform (Miscellaneous Provisions) Act 1944 No 28—Sch 3
Law Reform (Miscellaneous Provisions) Act 1946 No 33—Sch 3
Library Act 1939 No 40—Sch 3
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Local Courts (Civil Claims) Act 1970 No 11—Sch 4
Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48—
Sch 3
Lord Howe Island Act 1953 No 39—Sch 3
Maritime Services Act 1935 No 47—Sch 3
Motor Dealers Act 1974 No 52—Sch 1
Motor Vehicle Repairs Act 1980 No 71—Sch 2
Motor Vehicles Taxation Act 1988 No 111—Sch 1
Motor Vehicles (Third Party Insurance) Act 1942 No 15—Sch 3
National Parks and Wildlife Act 1974 No 80—Sch 2
New South Wales Institute of Psychiatry Act 1964 No 44—Sch 3
New South W ales—Queensland Border Rivers Act 1947 No 10—Sch 3
Occupational Health and Safety Act 1983 No 20—Sch 3
Pathology Laboratories Accreditation Act 1981 No 51—Sch 3
Plant Diseases Act 1924 No 38—Sch 3
Podiatrists Act 1989 No 23—Sch 1
Poisons Act 1966 No 31—Sch 1
Poisons Amendment (Therapeutic Goods) Act 1996 No 2—Sch 2
Ports Corporatisation and Waterways Management Act 1995 No 13—Sch 2
Property, Stock and Business Agents Act 1941 No 28—Sch 1
Psychologists Act 1989 No 51—Sch 1
Public Sector Management Act 1988 No 33—Sch 2
Registration of Interests in Goods Act 1986 No 37—Sch 2
Roads Act 1993 No 33—Sch 1
Rural Workers Accommodation Act 1969 No 34—Sch 2, Sch 3
School Forest Areas Act 1936 No 20—Sch 3
South-west Tablelands Water Supply Administration Act 1941 No 36—
Sch 3
Sporting Injuries Insurance Act 1978 No 141—Sch 2
State Brickworks Act 1946 No 16—Sch 3
State Emergency and Rescue Management Act 1989 No 165—Sch 2
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
State Owned Corporations Act 1989 No 134—Sch 1
Statute Law (Miscellaneous Provisions) Act (No 2) 1990 No 108—Sch 1
Statute Law (Miscellaneous Provisions) Act 1995 No 16—Sch 3
Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99—Sch 3
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Sch 1
Stock Medicines Act 1989 No 182—Sch 1
Strata Titles Act 1973 No 68—Sch 1
Strata Titles (Leasehold) Act 1986 No. 219—Sch 1
Subordinate Legislation Act 1989 No 146—Sch 1
Suitors' Fund Act 1951 No 3—Sch 3
Supreme Court Act 1970 No 52—Sch 1
Survey Co-ordination Act 1949 No 27—Sch 3
Sydney Cove Redevelopment Authority Act 1968 No 56—Sch 1
Teacher Housing Authority Act 1975 No 27—Sch 2, Sch 3
Teaching Service Act 1980 No 23—Sch 3
Theatres and Public Halls Act 1908 No 2 3
Threatened Species Conservation Act 1995 No 101—Sch 2
Trade Measurement Administration Act 1989 No 234—Sch 1
Transferred Officers Extended Leave Act 1961 No 13—Sch 3
Transport Appeal Boards Act 1980 No 104—Sch 3
Travel Agents Act 1986 No 5—Sch 1
Waste Minimisation and Management Act 1995 No 102—Sch 2
Water Act 1912 No 44—Sch 3
Western Lands Act 1901 No 70—Sch 4
Women's College Act 1902 No 71—Sch 1
WorkCover Legislation Amendment Act 1995 No 89—Sch 2
Workers' Compensation (Dust Diseases) Act 1942 No 14—Sch 3
Index of Acts repealed by Schedule 5
Appropriation Act 1994 No 66***
Bail (Amendment) Act 1988 No 16*
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Bail (Amendment) Act 1990 No 81* Bail (Amendment) Act 1992 No 16* Bail (Domestic Violence) Amendment Act 1993 No 102*
Bail (Further Amendment) Act 1988 No 60*
Bush Fires (Further Amendment) Act 1994 No 34**
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992
No 81**
Corporations (New South Wales) Amendment Act 1995 No 20**
Courts Legislation (Amendment) Act 1993 No 80**
Crimes (Dangerous Driving Offences) Amendment Act 1994 No 78**
Crimes (Home Invasion) Amendment Act 1994 No 84**
Crimes Legislation (Amendment) Act 1990 No 5**
Crimes Legislation (Review of Convictions) Amendment Act 1993 No 64**
Crimes Legislation (Unsworn Evidence) Amendment Act 1994 No 26**
Crimes (Life Sentences) Amendment Act 1989 No 218**
Crimes (Public Justice) Amendment Act 1990 No 5 1 * *
Criminal Legislation (Amendment) Act 1992 No 2**
Criminal Procedure Legislation (Amendment) Act 1990 No 74**
Film and Video Tape Classification (Amendment) Act 1993 No 44**
Film and Video Tape Classification (Amendment) Act 1994 No 3 1 * *
Fire Brigades (Amendment) Act 1994 No 36**
Fire Brigades Amendment (Contributions) Act 1995 No 6**
Firearms Legislation (Amendment) Act 1992 No 13**
Forestry, Soil Conservation and Other Acts (Amendment) Act 1972 No 26**
Justices (Fine Default) Amendment Act 1994 No 30**
Liquor Amendment Act 1995 No 34**
Liquor Further Amendment Act 1995 No 70**
Liquor (Taxation) Amendment Act 1993 No 55**
Local Courts (Civil Claims) Amendment Act 1987 No 281*
Local Courts (Civil Claims) Amendment Act 1990 No 104*
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Local Courts (Civil Claims) (Garnishee Proceedings) Amendment Act 1987
No 21*
Local Government (Amendment) Act 1972 No 30**
Local Government (Backpackers Hostels) Amendment Act 1990 No 89**
Maritime Services (Offshore Boating) Amendment Act 1994 No 3**
Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990
No 11**
Miscellaneous Acts (Motor Accidents) Amendment Act 1988 No 103**
Miscellaneous Acts (Public Health) Repeal and Amendment Act 1990
No 123**
Northumberland Insurance Company Limited Act 1975 No 86***
Ombudsman (Amendment) Act 1993 No 37**
Parliamentary Appropriation Act 1993 No 60***
Parliamentary Committees Enabling Act 1993 No 106***
Pilotage (Amendment) Act 1992 No 4 1 * *
Police Service (Complaints) Amendment Act 1994 No 9**
Registered Clubs (Taxation) Amendment Act 1993 No 56**
Riverina Insurance Company Limited and Another Insurance Company Act
1971 No 20***
Road Improvement (Special Funding) Amendment Act 1991 No 43**
Road Improvement (Special Funding) Amendment Act 1992 No 75**
Road Improvement (Special Funding) Amendment Act 1993 No 63**
Road Improvement (Special Funding) Amendment Act 1994 No 70**
Road Improvement (Special Funding) Amendment Act 1995 No 15**
Road Improvement (Special Funding) Further Amendment Act 1995 No
86**
Rural Lands Protection (Amendment) Act 1994 No 55**
Stamp Duties (Amendment) Act 1988 No 130**
Stamp Duties (Amendment) Act 1993 No 41**
Stamp Duties (Miscellaneous Amendments) Act 1990 No 95**
Stock (Chemical Residues) Amendment Act 1993 No 5**
Stock Medicines (Amendment) Act 1993 No 4**
Statute Law (Miscellaneous Provisions) Act 1996 No 30
Notes
Subordinate Legislation (Amendment) Act 1993 No 48**
Summary Offences and Other Legislation (Graffiti) Amendment Act 1994
No 90**
Superannuation (Amendment) Act 1952 No 43**
Superannuation (Retired Magistrates) Amendment Act 1993 No 1 * *
Totalizator (Off-course Betting) Amendment Act 1991 No 33**
Treasury Corporation (Amendment) Act 1992 No 113**
Usury, Bills of Lading, and Written Memoranda (Repeal) Act 1990 No 7**
Western Lands (Amendment) Act 1918 No 15**
Western Lands (Amendment) Act 1930 No 16**
Western Lands (Amendment) Act 1934 No 12*
Western Lands (Amendment) Act 1972 No 55**
Western Lands (Amendment) Act 1980 No 8*
Western Lands (Amendment) Act 1985 No 132**
Western Lands (Amendment) Act 1989 No 18*
[Minister's second reading speech made in—
Legislative Assembly on 4 June 1996 Legislative Council on 19 June 1996]
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