Statute Law (Miscellaneous Provisions) Act 1997 (NSW)
New South Wales
Statute Law (Miscellaneous Provisions) Act 1997 No 55
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
| 1 | Minor amendments | 3 |
Bookmakers (Taxation) Act 1917 No 15
Community Land Development Act 1989 No 201
Conveyancing Act 1919 No 6
Director of Public Prosecutions Act 1986 No 207
Eastern Gas Pipeline (Special Provisions) Act 1996
No 126
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Contents
Page
Encroachment of Buildings Act 1922 No 23
Evidence Act 1995 No 25
Fertilizers Act 1985 No 5
Gas Supply Act 1996 No 38
Industrial Relations Act 1996 No 17
Interpretation Act 1987 No 15
Landlord and Tenant (Rental Bonds) Act 1977
No 44
Law Foundation Act 1979 No 32
Motor Accidents Act 1988 No 102
National Parks and Wildlife Act 1974 No 80
Public Authorities (Financial Arrangements) Act
1987 NO 33
Public Authorities (Financial Arrangements)
Regulation 1995
Real Property Act 1900 No 25
Roads Act 1993 No 33
Road Transport (Mass, Loading and Access)
Regulation 1996
Roman Catholic Church Communities' Lands Act
1942 No 23
Roman Catholic Church Trust Property Act 1936
No 24
Strata Schemes Management Act 1996 No 138
Strata Titles Act 1973 No 68
Strata Titles (Leasehold) Act 1986 No 219
Subordinate Legislation Act 1989 No 146
Teacher Housing Authority Act 1975 No 27
Threatened Species Conservation Act 1995 No 101
Waste Minimisation and Management Act 1995
No 102
Water Board (Corporatisation) Act 1994 No 88
Wilderness Act 1987 No 196
| Amendments by way of statute law revision | 71 |
| Amendments replacing gender-specific language | 80 |
| Amendments transferring provisions | 109 |
| Repeals | 111 |
| General savings, transitional and other provisions | 114 |
| Notes | 117 |
| Contents page 2 |
New South Wales
Statute Law (Miscellaneous
Provisions) Act 1997 No 55
Act No 55, 1997
An Act to repeal certain Acts and to amend certain other Acts and regulations in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 2 July 1997]
| Section 1 | Statute Law (Miscellaneous Provisions) Act 1997 No 55 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 1997.
2 Commencement
| (1) | This Act commences on the date of assent, except as provided by subsections (2) and (3). |
| (2) | The amendments made by Schedules 1 and 2 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent to this Act. |
| (3) | The amendments made by Schedule 3 commence on the date that is 3 months after the date of assent to this Act, or on such earlier day or days as may be appointed by proclamation. |
3 Amendments
Each Act and regulation specified in Schedules 1-4 is amended as set out in those Schedules.
4 Repeals
Each Act or provision of an 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 1997 No 55
| Minor amendments | Schedule 1 |
| Schedule 1 | Minor amendments |
(Section 3)
| 1.1 | Bookmakers (Taxation) Act 1917 No 15 |
| [1] | Section 12 Payment of tax |
| Omit “7 days after the determination of the event or contingency in relation to which the tax becomes payable or within such other period as may be prescribed” from section 12 (2). | |
| Insert instead “the prescribed payment period”. | |
| [2] | Section 12 (4) |
| Insert after section 12 (3): |
| (4) | In this section: prescribed payment period means: | |||
|
[3] Section 13 Bookmakers to keep records
Omit section 13 (2). Insert instead:
| (2) | A bookmaker must forward to the Minister for Gaming and Racing: | |
|
Statute Law (Miscellaneous Provisions) Act 1997 NO 55
| Schedule 1 | Minor amendments |
| (b) | such other returns (if any) as are prescribed by the regulations, which must be verified in the same manner. |
| (3) | That record and those returns must be forwarded to the Minister: | |||
|
Commencement
| The amendments to the Bookmakers (Taxation) Act 1977 | commence on a day to |
| be appointed by proclamation. | |
| Explanatory note |
The Racing Taxation (Betting Tax) Act 1952 imposes tax on bets made with bookmakers. The Bookmakers (Taxation) Act 1977 makes provision for the collection of that tax.
Section 12 of the Act requires a bookmaker to pay the tax within 7 days after the determination of the event or contingency in relation to which the tax becomes payable, or within such other period as may be prescribed.
Section 13 of that Act requires a bookmaker to keep written records regarding the particulars of every bet made with the bookmaker and every bet back made by the bookmaker. These are required to be forwarded to the Minister for Gaming and Racing within the prescribed period after the determination of any event or contingency upon which the bet was made with the bookmaker.
At present, those sections apply to a bet made in relation to an event or contingency relating to a sports betting event in the same way as they apply to other bets. The proposed amendments will make it possible for the regulations to prescribe a time that occurs before the relevant sports betting event as the time by which tax, records and returns relating to the event must be forwarded to the Minister. The requirements relating to other bets will remain the same.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor | am endm ents | Schedu le | 1 |
| 1.2 | Community Land Development Act 1989 No 201 |
| Section 35 Creation, release and variation of easements or restrictions | |
| Insert “or varying” after “releasing” wherever occurring in section 35 (1) (c) and (d). | |
| Explanatory note | |
| Section 35 of the Community Land Development Act 1989 empowers a community association to execute or accept a dealing creating or releasing an easement which benefits its community properly or the whole of the community parcel. The section makes similar provisions in respect of precinct associations and neighbourhood associations. | |
| Since the enactment of the Property Legislation Amendment (Easements) Act | |
| 1995, the Real Property Act 1900 sets out a procedure for the variation, by | |
| that Act. | |
| registration of a memorandum of registration, of an easement registered under empowers an association to execute or accept dealings varying certain easements. | |
| 1.3 | Conveyancing Act 1919 No 6 |
| [1] | Section 88B Creation and release of easements, profits a prendre and restrictions on use of land by plans |
| Insert “or profits a prendre” after “easements” in section 88B (2) (c1). | |
| [2] | Section 88B (3AA) |
| Insert “or profit a prendre” after “easement” wherever occurring. | |
| [3] | S ection 181B Construction of expression “party wall” in assurances of land |
| Omit section 181B (2). Insert instead: |
| (2) | This section applies only to: | ||||||
|
| commencement | of | the | Conveyancing |
| (Amendment) | Act | 1930 | and | before | the |
commencement of section 88BB, and
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | M inor | amendments |
| (b) | assurances executed or made after the commencement of section 88BB but that assure land in a deposited plan that: | |||
|
[4] Section 195D Signatures and consents
Insert “or profit a prendre” after “easement” where secondly occurring in section 195D (1) (d).
[5] Schedule 8 Construction of certain expressions
| Omit “lot burdened” where secondly occurring in clause 1 (a) of Part 11. Insert instead “lot benefited”. |
| Commencement The amendments to section 181B of, and Schedule 8 to, the Conveyancing Act |
| 1979 are taken to have commenced on 1 August 1996 (the date of |
| commencement of section 88BB of that Act, which was inserted by the Property |
| Legislation Amendment (Easements) Act 1995). |
| Release of profits a prendre At present, sections 88B and 195D of the Conveyancing Act 1979 deal with the creation of easements and profits a prendre by registration of a plan. The Property Legislation Amendment (Easements) Act 1995 made provision for the release of easements on registration or recording of a plan under Division 3 of Part 23 of the Conveyancing Act 1919. |
| Explanatory note prendre are treated in the same manner as easements. |
| Cross-easements for support Before the commencement of certain amendments made by the Property |
| Legislation Amendment (Easements) Act 1995, section 181B of the |
| Conveyancing Act 1919 allowed for the creation of easements for the support of party walls by assurances of land. The 1995 Act inserted section 88BB which allows cross-easements for the support of party walls to be created by a more convenient method. Transitional provisions were made at the time so as to ensure that easements created by section 181B before the commencement of section 88BB were not affected by the new provision. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor am endm ents | Schedule 1 |
Item [3] of the proposed amendments will have the effect that a cross-easement under section 181B will still arise if, before the commencement of the relevant amendments (1 August 1996), steps had been taken that would, but for the amendments, have led to the creation of a cross-easement.
Statute law revision
Item (51 corrects a reference to the lot in favour of which domestic services are to be provided under an easement for services.
| 1.4 | Director of Public Prosecutions Act 1986 No 207 |
| Section 15 Provisions relating to guidelines | |
| Omit section 15 (1) (b) (ii). Insert instead: |
(ii) the title of, and a brief description of any publication containing, each guideline furnished as in force at the end of that period.
Transitional
The amendment to the Director of Public Prosecutions Act 1986 applies to the whole of the period to which the relevant report relates, regardless of the date of commencement of the amendment.
Explanatory note
The Director of Public Prosecutions has the power to furnish guidelines to the Commissioner of Police or any other person who conducts investigations in relation to offences, or institutes or conducts prosecutions for offences, with respect to the prosecution of indictable offences or prescribed summary offences. The Director is obliged to give a copy of each such guideline to the Attorney General and is also required to include in the annual report of the work and activities of the Director a copy of each guideline furnished during the period to which the report relates. At present, the Director is also required to include in every annual report a copy of each guideline furnished in previous years, as in force at the end of the relevant period.
The proposed amendment removes the obligation to publish in full those existing guidelines. The annual report may merely set out the titles of those guidelines that were published in full in previous reports and a brief description of the reports in which they were published.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
| 1.5 | Eastern Gas Pipeline (Special Provisions) Act 1996 No 126 |
| Schedule 2 Areas added to Morton National Park | |
| Insert “and lying between portion 23 Parish of Coolumburra and portion 8 Parish of St George, between portion 6 Parish of Tianjara and Yarramunmun fire trail, and within the boundaries of that part of Morton National Park formerly comprising R53657 for public recreation” before ‘‘, not” in item 2. | |
| Explanatory note | |
| The Eastern Gas Pipeline (Special Provisions) Act 1996 realigns land included in the Morton National Park so as to reflect the actual boundary of a road. When land was reserved as Morton National Park some land was excluded from the reservation for the purposes of the Braidwood to Nowra Road. However, the road that was actually built did not coincide exactly with the road corridor excluded from the reservation. Section 5 of the Act provides for land that was excluded from the original reservation of land as Morton National Park (for the purposes of the Braidwood to Nowra Road) but that is not currently used for the purposes of the road, to be added to the Morton National Park. That land is described in Schedule 2 (Areas added to Morton National Park). | |
| The proposed amendment to the Eastern Gas Pipeline (Special Provisions) Act | |
| 1996 amends the land description in Schedule 2 to the Act so as to make it clear | |
| that the land described there (which is to be added to the Morton National Park) includes only that part of the road corridor that runs through the Morton National Park, not the whole of the Braidwood to Nowra Road. | |
| 1.6 | Encroachment of Buildings Act 1922 No 23 |
| Section 13 Registration | |
| Omit “as prescribed by regulation under the Conveyancing Act 1919” from section 13 (2). | |
| Explanatory note | |
| At present, section 13 of the Encroachment of Buildings Act 1922 provides that a caveat may be lodged and an order registered where land under the provisions of the Real Property Act 1900 is affected by an application or order in respect of an encroaching building. The section provides that an order may be registered under the Real Property Act 1900, as prescribed by regulation under the Conveyancing | |
| Act 1919. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M in o r | a m e nd m e n ts | S c h e d u le | 1 |
All regulations in respect of dealings lodged under the Real Property Act 1900 are now contained in the regulations under the Real Property Act 1900, rather than the Conveyancing Act 1919.
The proposed amendment omits the redundant reference to the Conveyancing
Act 1979.
| 1.7 | Evidence Act 1995 No 25 |
| [1] | Section 102 The credibility rule |
| Omit “Specific” from the note. Insert instead ‘‘Specific”. | |
| [2] | Section 102, note |
| Omit “, 104 and 107”. Insert instead “and 104” | |
| [3] | Section 102, note |
| Insert at the end of the note: |
2 Section 108A makes provision as to the admission of evidence that is relevant only to the credibility of a person who has made a previousrepresentation.
[4] Section 107 Exception: application of certain provisions to makers of representations
Omit the section.
[5] Section 108 Exception: re-establishing credibility
Omit section 108 (2).
[6] Section 108 (2), note
Omit the note. Insert instead:
Note. The Commonwealth Act includes a subsection referring to section 105 of that Act.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[7] Section 108A
Insert after section 108:
108A Admissibility of evidence of credibility of person who
has made a previous representation
| (1) | If: | |||||
| ||||||
| evidence that is relevant only to the credibility of the person who made the representation is not admissible unless the evidence has substantial probative value. | ||||||
| (2) | Without limiting the matters to which the court may have regard in deciding whether the evidence has substantial probative value, it is to have regard to: | |||||
|
[8] Section 120 Unrepresented parties
Omit section 120 (2).
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M in o r | am endm en ts | S ch e d u le | 1 |
[9] Section 128 Privilege in respect of self-incrimination in other proceedings
Insert at the end of section 128 (7):
Note. This subsection differs from section 128 (7) of the Commonwealth Act. The Commonwealth provision refers to an “Australian Court” instead of a “NSW court”.
[10] Section 128, notes
Insert at the end of the notes:
3 The Commonwealth Act includes subsections (10)-(13). The subsections give effect to certificates in relation to self-incriminating evidence under the NSW Act in proceedings in federal and ACT courts and in prosecutions for Commonwealth and ACT offences.
[11] Section 154 Documents published by authority of Parliaments etc
Omit the note.
[12] Section 155 Evidence of official records
Omit the notes. Insert instead:
Note. This section differs from section 155 of the Commonwealth Act. The Commonwealth provision refers to evidence of a “public record' of a State or Territory rather than evidence of a “public document” of a State or Territory.
[13] Section 158 Evidence of certain public documents
Omit the note.
[14] Dictionary, Part 1
Insert in alphabetical order:
credibility of a person who has made a representation that has been admitted in evidence means the credibility of the representation, and includes the person's ability to observe or remember facts and events about which the person made the representation.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[15] Dictionary, Part 1
Insert after the definition of government or official gazette:
| Note. | The Commonwealth definition of this term differs from this |
definition.
[16] Dictionary, Part 1
| Omit “saw or heard” from paragraph (a) of the definition of identification evidence. Insert instead “saw, heard or otherwise perceived”. |
| Commencement appointed by proclamation. |
| A dm iss ib ility o f evidence re lating to cred ib ility Items [4], [7] and [14] clarify the admissibility of evidence that relates only to the credibility of a person whose prior statement has been admitted under a hearsay exception and who has not been called to give evidence. The amendments are consistent with those made to the Evidence Act 1995 of the Commonwealth by the Law and Justice Legislation Amendment Act 1997 of the Commonwealth. Item [4] repeals section 107, which is replaced by a new section 108A (inserted by item [7]. Section 107 purports to create an exception to the credibility rule in section 102 of the Act. The credibility rule makes inadmissible evidence that is relevant only to the credibility of a witness. The purported exception to the credibility rule created by section 107 applies only where a person, who has made a prior statement that has been admitted under a hearsay exception in Part 3.2 of the Act, has not been called to give evidence. As a person to whom section 107 applies is not a witness, the credibility rule cannot apply to that person. Therefore section 107 creates an exception to a rule that does not apply in the first place. New section 108A replaces section 107to clarify the admissibility of evidence that relates only to the credibility of a person whose prior statement has been admitted under one of the exceptions to the hearsay rule and who is not called to give evidence. |
| Explanatory note namely that evidence relevant only to the credibility of such a person is admissible only to the extent that he or she could have been cross-examined on a matter relevant only to credit if he or she had given evidence as a witness. It achieves this result by providing that evidence relevant to his or her credibility is not admissible unless it has substantial probative value. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor am endments | Schedule 1 |
The requirement that the evidence should have substantial probative value mirrors the requirement, under section 103of the Act, that applies where a person has given evidence as a witness.
Item [14] inserts a definition of cred ib ility of a person, a term used in new section
108A.
evidence. The opening words of paragraph (a) of the definition refer to evidence of an assertion made by a person that a defendant resembles, “visually, aurally or otherwise”, another person while the closing words of the paragraph refer only to what the first-mentioned person “saw or heard”.
Consequential amendments to notes and amendments by way of statute
law revision
Consequential amendments are made by items [1], [2], [5] and [6].
Items [3], [9], [10], [11], [12], [13] and [15] are amendments to include further
explanatory notes relating to the new provisions and to achieve consistency with
notes included in the Evidence Act 1995 of the Commonwealth by the Law and
Justice Legislation Amendment Act 1997 of the Commonwealth.
Item [8] omits existing section 120 (2), which is unnecessary. Section 120 (2)
extends the definition of party, for the purpose of unrepresented party privilege in
section 120, to include a person who falls within some of the paragraphs of the
definition of clien t in section 117 (1) of the Act. However, the extended meaning is
not required because the term party is already defined in terms that include those
paragraphs in section 117 (1).
| 1.8 | Fertilizers Act 1985 No 5 |
| [1] | Sections 15 (1), 17, 18 (1), 19, 22, 25 (5), 27, 28, 31, 33 and 34 |
| Omit “20 penalty units” wherever occurring. Insert instead “50 penalty units”. | |
| [2] | Sections 16 (1), 21 (1) and 26 (2) |
| Omit “10 penalty units” wherever occurring. Insert instead “20 penalty units”. | |
| [3] | Section 42 Regulations |
| Omit “5 penalty units” from section 42 (3). Insert instead “20 penalty units”. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Commencement
The amendments to the Fertilizers Act 1985 commence on a day or days to be appointed by proclamation.
Explanatory note
The Fertilizers Act 1985 was amended by the Fertilizers (Amendment) Act 1992. Schedule 2 to that Act contains amendments that significantly increase the penalty for various offences under the Act. Those amendments are uncommenced.
The Statute Law (Penalties) Act 1993 amended the same provisions of the Fertilizers Act 1985 so as to convert existing monetary penalties to penalty unit amounts. As a result, the uncommenced amendments increasing the amount of penalties are unincorporable.
The proposed amendments re-enact the amendments made by Schedule 2 to the
Fertilizers (Amendment) Act 1992 so that, when they are commenced by
proclamation, they will have the effect of increasing penalties in the manner
approved by Parliament in 1992.
| 1.9 | Gas Supply Act 1996 No 38 |
| Section 2 Commencement | |
| Insert at the end of the section: |
| (2) | Section 11 (2) (b) (ii) and (4) commences on 1 July 1999, or on such earlier date (occurring after the date of assent to the Statute Law (Miscellaneous Provisions) Act 1997) as may be appointed by proclamation under this subsection. |
Commencement
The amendment to the Gas Supply Act 1996 is taken to have commenced on 12 July 1996 (the date on which section 2 of the Act was proclaimed to commence).
Saving of certain undertakings
The amendment to the Gas Supply Act 1996 does not invalidate any undertaking of a kind referred to in section 11 (4) of the Act entered into in compliance with a condition of a kind referred to in section 11 (2) (b) (ii) of the Act imposed by the Minister before the date of assent to this Act.
Explanatory note
The proposed amendment repeals the effect of a commencement proclamation.
The provisions affected are described below.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Section 11 of the Gas Supply Act 1996 deals with the imposition of conditions on authorisations to operate distribution systems for the purpose of conveying natural gas, or to supply natural gas by means of a distribution system.
Section 11 (2) (b) (ii) empowers the Minister to impose conditions requiring the holder of the authorisation to exercise its functions under the Act in accordance with specified guidelines or subject to specified restrictions, including conditions as to the implementation of Governmentpolicy on community service obligations to tariff customers.
However, section 11 (4) provides that the Minister may not impose such a condition unless the Minister has entered into an undertaking, on behalf of the State, to indemnify the holder of the authorisation with respect to the costs incurred by the holder in complying with the requirements of the condition.
When the Gas Supply Bill 1996 was introduced, the Minister for Energy indicated that the provision would not be commenced until the completion of a transitional period during which pensioner rebates would continue to be authorised by cross-subsidies.
The proposed amendment negates the effect of the proclamation that commenced section 11 (2) (b) (ii) and (4).
| 1 .10 | Industrial Relations Act 1996 No 17 |
| [1] | Section 202, definition of “Federal Act” and sections 217 (4), 239 (3), 249 (2), 281, 282 (2), 283 (2) and 290 and the definition of “Australian Industrial Relations Commission” in the Dictionary |
| Omit “ Industrial Relations Act 1988 of the Commonwealth” wherever occurring. Insert instead “ Workplace Relations Act 1996 of the Commonwealth”. | |
| [2] | Section 348 Compulsory conference with respect to claims |
| Omit “by special leave” from section 348 (3). | |
| Transitional | |
| The amendment to section 348 of the Industrial Relations Act 1996 does not apply to a claim for compensation in respect of a head contract of carriage terminated before the commencement of the amendment. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
extension is allowed only by special leave). The proposed amendment would enable a matter to proceed without the need for a formal hearing of the application to extend the period for notification.
Explanatory note
Claims for compensation under contracts of carriage
Part 7 of Chapter 6 of the Industrial Relations Act 1996 provides for the making of
claims for Compensationby carriers whose head contract of carriage has been
terminated. Section 348 of the Act requires notification of any claim to be given
within 28 days or such further period of up to 3 months as the President of the
Industrial Relations Commission may allow by special leave.
is now called the Workplace Relations Act 1996. Item [1] of the proposed amendments updates references to the Commonwealth Act.
References to Commonwealth Act
| 1 .11 | Interpretation Act 1987 No 15 |
[1] Section 56 Penalty units
Omit “$100”. Insert instead “$110”.
[2] Section 56, note
Insert at the end of section 56:
Note. The amendment made to this section by Schedule 1.11 [1] to the Statute Law (Miscellaneous Provisions) Act 1997 does not affect the penalty for an offence committed before the commencement of that amendment (see section 55).
[3] Section 68 References to amended Acts and instruments
Insert at the end of section 68 (4) (a) (vii):
and
(viii) the Friendly Societies (NSW) Code,
to be appointed by proclamation.
Commencement
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Explanatory note
Penalty units
At present, section 56 of the Interpretation Act 1987 provides that a reference in any Act or statutory rule to a number of penalty units is to be read as a reference to an amount of money equal to the amount obtained by multiplying $100 by that number of penalty units. This means, for example, that if an Act sets out the maximum penalty for an offence as being “5 penalty units” the maximum penalty for that offence is currently $500.
| The amount represented by a penalty unit has not been increased since | 1987, but |
prices (as measured by the Consumer Price Index) have increased by 45.3% by each penalty unit. That means that a penalty of 5 penalty units would now refer
since then.
to a penalty of $550.
The increase in the level of penalties is consistent with recent amendments to Commonwealth legislation (se e the Crimes and Other Legislation Amendment Act
1997 of the Commonwealth, which amends the definition of penalty unit in
section 4AA of the Crimes Act 1974 of the Commonwealth). affect the penalty for an offence committed before the increase takes effect.
References to Friendly Societies Code
Section 68 of the Interpretation Act 1987 provides that a reference in an Act or instrument to some other amended Act or instrument extends to the other Act or instrument as in force for the time being.
Item [3] of the proposed amendments will have the effect that section 68 applies to the construction of references in and to the Friendly Societies (NSW) Code.
1.12 Landlord and Tenant (Rental Bonds) Act 1977 No 44
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
caravan means any vehicle without motive power constructed or adapted for the purposes of habitation, and includes any such vehicle which is not fitted with wheels but which is so constructed that it is capable of being fitted with wheels.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[2] Section 4 (1)
| Omit paragraph (c) of the definition of residential premises. Insert instead: |
| (c) | a caravan that is leased in a fixed position, |
Explanatory note
At present, section 4 of the Landlord and Tenant (Rental Bonds) Act 1977 includes in the definition of residential premises “a caravan within the meaning of section 31A of the Landlord and Tenant (Amendment) Act 1948 that is leased in a fixed position”. Section 31A of that Act has been repealed. However, the principles of statutory interpretation have the effect that the provisions of the repealed section are kept in force for the purposes of interpreting the existing definition of residential premises.
The proposed amendments insert a definition of caravan that is consistent with the definition of that term in the repealed section. This removes the need to rely on repealed legislation.
| 1.13 | Law Foundation Act 1979 No 32 |
| [1] | Section 5 Objects of the Foundation |
| Omit “and” from section 5 (f). | |
| [2] | Section 5 (g) and (h) |
| Omit section 5 (g). Insert instead: |
| (g) | to provide services to promote the legal rights of economically or socially disadvantaged people or groups of people and to improve access to the legal system for such people or groups of people, and |
| (h) | to provide access to legal information and legal services for economically or socially disadvantaged people or groups of people. |
[3] Section 6 Powers of the Foundation
Omit “and” where secondly occumng in section 6 (c).
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M in o r | am endm en ts | S ch e d u le | 1 |
| [4] | Section 6 (e) | ||
| Insert at the end of section 6 (d): |
, and
| (e) | do anything incidental or conducive to the carrying out of any of the objects of the Foundation. |
Explanatory note
The Law Foundation of New South Wales is a body corporate constituted by the
Law Foundation Act 1979.
Item [2] of the proposed amendments makes it clear that the objects of the Foundation include the provision of services to promote the legal rights of, and to improve access to the legal system for, economically or socially disadvantaged people and the provision of access to legal information and legal services for such people. Item [1] makes a consequential amendment.
Item [4] of the amendments makes it clear that the Foundation has the power to do anything incidental or conducive to the carrying out of any of its objects. Item
[3] makes a consequential amendment.
| 1 .14 | Motor Accidents Act 1988 No 102 Section 73 Payment of interest |
| Insert “or 79A” after “section 79” in section 73 (3). | |
| Transitional damages that were commenced as at the date on which the amendment commenced but were not settled or finally determined as at that date. | |
| Sections 79 and 79A of the Motor Accidents Act 1988 set out the way damages for non-economic loss are to be determined. Section 79 applies only to motor accidents that occurred before midnight on 26 September 1995, section 79A applies only to motor accidents that occurred after that time. Section 73 of the Act provides for the payment of interest on damages and prohibits the payment of interest on damages for non-economic loss awarded under section 79 (regarding accidents that occurred before midnight on 26 September1995). | |
| Explanatory note payment of interest on damages for non-economic loss in respect of accidents to which section 79A applies (that is, accidents that occurred after midnight on 26 September 1995). |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
| 1.15 | National Parks and Wildlife Act 1974 No 80 |
| [1] | Section 5 Definitions |
| Omit the definition of pastures protection board from section 5 (1). Insert in alphabetical order: |
rural lands protection board means a rural lands protection board within the meaning of the Rural Lands Protection Act 1989.
| [ 2] | Sections 40 (2), 53 (2), 58E (2) and 139 (2) (n) |
| Omit “pastures protection board” wherever occurring. Insert instead “rural lands protection board”. |
[3] Sections 118A, 118C and 118D
Insert after section 118A (3) (a), 118C (5) (a) and 118D (2) (a):
(a1) was the subject of a certificate issued under section 95 (2) of the Threatened Species Conservation Act 1995. or
[4] Sections 118A (3) (c), 118C (5) (c) and 118D (2) (c)
| Omit “or the State Emergency and Rescue Management Act 1989” wherever occurring. Insert instead “, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989” . |
[5] Section 179 Authority to take proceedings
Omit “this Act or” from section 179 (1). Insert instead “, or”.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
[6] Section 179 (1)
Omit “under the provisions of”. Insert instead “under,”.
| Explanatory note Exemptions from certain offences | ||
| Sections 11 8A, 118C and 11 8D of the National Parks and Wildlife Act 1974 create offences relating to harming or picking threatened species, populations or ecological communities, damaging critical habitats or damaging the habitats of threatened species, populations or ecological communities. Each section sets out defences to those offences, which include holding a general licence under the | ||
| National Parks and Wildlife Act 1974 or the Threatened Species Conservation Act 1995. | ||
| Section 95 (2) of the Threatened Species Conservation Act 1995 provides for the Director-General of National Parks and Wildlife to issue a certificate to the effect that proposed actions are not likely to significantly affect threatened species and that a licence under the Threatened Species Conservation Act 1995 is therefore not required. | ||
| Item [3] of the proposed amendments provides defences to a prosecution for harming or picking a threatened species, population or ecological community, damaging a critical habitat or damaging the habitat of a threatened species, population or ecological community if the relevant actions were undertaken in reliance on such a certificate. | ||
| Authority to take proceedings | ||
| At present, section 179 of the National Parks and Wildlife Act 1974 empowers a member of the police force or a person authorised by the Director-General to take | ||
| ||
| Item [5] of the proposed amendments will provide for authority to be given to such officers to take proceedings for offences under the Threatened Species | ||
| Conservation Act 1995 or the regulations made under that Act and for offences | ||
| under the regulations made under the National Parks and Wildlife Act 1974. | ||
| Statute law revision | ||
| Items [1] and [2] of the proposed amendments update references to boards that are now known as “rural lands protection boards”. Item [4] updates references to the Acts relevant to emergency services. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
| 1.16 | Public Authorities (Financial Arrangements) Act 1987 No 33 |
| [1] | Section 8 Power to obtain financial accommodation |
| Insert after section 8 (4): |
| (5) | Without limiting subsection (4) (c), the Treasurer's approval may be subject to a condition that an agreement under which financial accommodation is obtained contains provisions in or to the effect of those referred to in section 8A. |
[2] Section 8A
Insert after section 8:
8A Special provisions relating to ownership of buildings,
structures or other fixtures
| (1) | An agreement under which financial accommodation is obtained by an authority may contain provisions in or to the effect: | |||||
| ||||||
| (2) | Despite any Act or rule to the contrary, any such provision has effect for all purposes (and not only as between the parties to the agreement in which the provision is contained), but only if the Treasurer's approval to the obtaining of the financial accommodation was subject to a condition that the agreement contain the provision. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Validation
Any approval given by the Treasurer under section 8 of the Public Authorities
(Financial Arrangements) Act 1987 that included a provision in or to the effect of a
provision referred to in clause 55 of the Public Authorities (Financial
Arrangements) Regulation 1995 (as in force at the time the approval was given) is
validated. Section 8A of the Public Authorities (Financial Arrangements) Act 1987 is taken to have applied at all times to each agreement entered into in connection with any financial accommodation obtained pursuant to any such approval as if the provisions in such approval in or to the effect of those referred to in clause 55 of the Public Authorities (Financial Arrangements) Regulation 1995 were contained in each such agreement with the approval of the Treasurer referred to in section 8A (2).
Explanatory note
Part 2 of the Public Authorities (Financial Arrangements) Act 1987 relates to the obtaining of financial accommodation by public authorities. Section 8 of the Act empowers an authority (approved by the Governor to do so) to obtain financial accommodation within or outside Australia, in accordance with the written approval of the Treasurer on such terms as the Treasurer thinks fit. Section 8 (4) sets out some examples of the terms on which the Treasurer's approval may be given.
The proposed amendments to the Public Authorities (Financial Arrangements)
Act 1987 specify certain provisions that may be included in an agreement for the
obtaining of financial accommodation, and provide for such provisions to have effect despite any Act or rule of law to the contrary. (The proposed amendment to the Public Authorities (Financial Arrangements) Regulation 1995 made elsewhere in this Schedule omits an analogous provision that is presently included in the regulation, as a consequence of the proposed amendment to the Act.)
| 1.17 | Public Authorities (Financial Arrangements) Regulation 1995 |
| Clause 55 Treasurer's approval to obtaining financial accommodation | |
| Omit the clause. | |
| Explanatory note | |
| The proposed amendment is consequential on the amendments made to the | |
| PublicAuthorities (FinancialArrangements) Act 1987 elsewhere in this Schedule. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
1.18 Real Property Act 1900 No 25
[1] Section 17 Creation of folio for land that is the subject of a primary application
| Registrar-General shall, in the notice,” from section 17 (1). |
Omit “section 12 (1) (h) or 12 (1A), gives notice of that intention the intention, that notice must”.
[2] Section 47 Creation of easements etc
Insert “or profit a prendre” after “easement” wherever occumng in section 47 (5A).
[3] Section 74N Service of notices on caveators for purposes of Part
| Insert “registered” before “post” wherever occurring in section 74N (1) (b), (c) and (d). |
[4] Section 74N (4)
Insert after section 74N (3):
| (4) | To avoid doubt, section 77 of the Interpretation Act 1987 does not apply to this section. |
provision of the Real Property Act 1900 which empowers the Registrar-General to give notice, or to direct another person to give notice, of the intended exercise or performance of any power, authority, duty or function conferred or imposed by the Act. The proposed amendment also reflects the fact that the notice may have been given by a person other than the Registrar-General.
Explanatory note
Powers of Registrar-General
profits a prendre in the same manner as the creation of easements. The Property
Release of profits a prendre
Legislation Amendment (Easements) Act 1995 amended that section to make
provision for the variation of registered easements on registration of a memorandum of variation, but made no provision for the variation of a profit a prendre.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Item [2] of the proposed amendments will ensure that profits a prendre are able to be varied in the same manner as easements.
Service of notices on caveators
At present, section 74N of the Real Property Act 1900 deals with the service of cases, the notice must be sent by registered post. Item [4] makes a consequential amendment.
notice of the lapsing of a caveat. Such a notice may be sent by post.
| 1 .19 | Roads Act 1993 No 33 |
| Section 112 Weight restrictions on certain roads and bridges etc | |
| Insert after section 112 (1): |
| (1A) | Despite subsection (1) (a), the regulations may prescribe circumstances in which a notice displayed in accordance with that paragraph does not operate to prohibit a vehicle passing along or over a road, bridge or causeway. |
Commencement
The amendment to the Roads Act 1993 is taken to have commenced on 1 July
1996.
Explanatory note
Section 112 (1) (a) of the Roads Act 1993 enables a roads authority to display notices on, or adjacent to, a public road or any bridge or causeway forming part of a public road that prohibit vehicles with a laden weight exceeding a specified maximum weight from passing along or over the road, bridge or causeway.
Before its repeal by the Road Transport (Mass, Loading and Access) Regulation 1996, clause 11 (4) of the Roads (Weight of Loads on Roads other than Main Roads) Transitional Regulation 1993 (the repealed Regulation), which was formerly called Ordinance No 30D under the Local Government Act 1979, provided an exception that ensured that light thoroughfare notices did not prevent a person from driving a heavy vehicle along a road (or part of a road) to which the notice related if the destination of the vehicle lay on the road or part of a road. The proposed amendment to the Roads Act 1993 makes it clear that exceptions from the operation of section 112 (1) (a) of the Act of the kind previously provided by clause 11 (4) of the repealed Regulation can be prescribed by regulations made under the Act.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
The proposed substitution of clause 40 of the Road Transport (Mass, Loading and Access) Regulation 1996 made elsewhere in this Schedule inserts a similar exception to that contained in clause 11 (4) of the repealed Regulation and ensures that it applies to notices erected before, on or after the commencement of the new Regulation. That amendment also makes provision for the display of signs indicating absolute load limits for a bridge or road, which will always operate to prohibit a vehicle passing along or over the relevant road, bridge or causeway.
| 1.20 | Road Transport (Mass, Loading and Access) Regulation 1996 |
| Clause 40 | |
| Omit the clause. Insert instead: | |
| 40 Loads on light traffic thoroughfares, bridges and roads |
| (1) | For the purposes of section 112 of the Act, any notice that is required to be conspicuously displayed, must either: | |||
| ||||
| (2) | A notice that displays the words “BRIDGE LOAD LIMIT” or “ROAD LOAD LIMIT” prohibits the passage, from a direction facing the notice, of a vehicle or combination if | |||
| ||||
| (3) | A notice of the kind illustrated in Schedule 3 prohibits the passage, from a direction facing the notice, of a vehicle or combination exceeding the total mass indicated by the notice. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
| (4) | A notice in or similar to the form illustrated in Schedule 3 (whether erected before or after the commencement of this Regulation) does not prohibit any person from driving a vehicle along or over a public road (or any bridge or causeway forming part of a public road) if the destination of the vehicle lies in or on the road (or bridge or causeway) and there is no alternative route by which to reach that destination. |
Commencement
The amendment made to the Road Transport (Mass, Loading and Access)
Regulation 1996 is taken to have commenced on 1 July 1996.
Explanatorynote
The proposed amendment is consequential on the amendment made to the
Roads Act 1993 elsewhere in this Schedule.
1.21 Roman Catholic Church Communities' Lands Act 1942
No 23
Section 19 Exemption from stamp duty
Insert after section 19 (2):
| (3) | Any other instrument to which the only parties are: | |||
| ||||
| is exempt from stamp duty. |
does no! apply to an instrument executed before the date of commencement of the amendment.
Transitional provision
relating to real and personal property held on trust for or for the use, benefit or purposes of certain orders, congregations, communities and associations of the Roman Catholic Church in New South Wales.
Explanatory note
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Section 19 of the Act creates an exemption from stamp duty in respect of instruments executed only for the purpose of giving effect to section 8 of the Act (which vests all community land of a community in the relevant body corporate created by the Act) or for an ancillary purpose. An agreement for the sale, conveyance or demise of properly is also exempted from stamp duty under that section if the parties are each either a body corporate created by the Act or a body corporate created by the Roman Catholic Church Trust Property Act 1936. The proposed amendment provides an exemption from stamp duty in relation to any other instrument between such parties. (An analogous amendment is made to the Roman Catholic Church Trust Property Act 1936 elsewhere in this Schedule.)
1.22 Roman Catholic Church Trust Property Act 1936 No 24
Section 16 Exemption from stamp duty
Insert after section 16 (2):
| (3) | Any other instrument to which the only parties are: | |||
| ||||
| is exempt from stamp duty. |
Transitional provision
The amendment to the Roman Catholic Church Trust PropertyAct 1936 does not apply to an instrument executed before the date of commencement of the amendment.
Explanatory note
The Roman Catholic Church Trust Property Act 1936 makes provision relating to properly held on trust for or for the use, benefit or purposes of the Roman Catholic Church in New South Wales.
Section 16 of the Act creates an exemption from stamp duty in respect of instruments executed only for the purpose of giving effect to section 8 of the Act (which vests all Church trust properly within a diocese in the relevant body corporate created by the Act) or for an ancillary purpose. An agreement for the
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
sale, conveyance or demise of properly is also exempted from duty under that section if the parties to the sale, conveyance‘or demise are all bodies corporate created by the Act or if the parties are each either a body corporate created by the Act or a body corporate created by the Roman Catholic Church Communities'
Lands Act 1942.
The proposed amendment provides an exemption from stamp duty in relation to any other instrument between such parties. (An analogous amendment is made to the Roman Catholic Church Communities' Lands Act 1942 elsewhere in this Schedule.)
1.23 Strata Schemes Management Act 1996 No 138
[1] The whole Act
| Omit “ Strata Titles (Freehold Development) Act 1973” wherever occumng (except where otherwise omitted by this Schedule). Insert instead “ Strata Schemes (Freehold Development) Act 1973” . |
[2] The whole Act
| Omit “ Strata Titles (Leasehold Development) Act 1986” wherever occumng (except where otherwise omitted by this Schedule). Insert instead “ Strata Schemes (Leasehold Development) Act 1986” . |
[3] Chapter 2, Part 5, Introductory note
Insert “additional by-laws that may previously have been added to those by-laws and any” before “amendments”.
[4] Section 42 What by-laws apply to old strata schemes?
| Insert “additional by-laws, or any” before “amendments” in section 42 (2). |
[5] Section 42 (2)
Omit “by-laws'' where thirdly occurring. Insert instead “by-laws,”.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[6] Section 47 Can an owners corporation add to or amend the by-laws?
Insert “adding to,” after “by-laws” where firstly occurring.
[7] Section 68 What money can be paid out of the administrative fund?
| Omit “section 76 (1)” from section 68 (1) (a). Insert instead “section 75 (l)”. |
[8] Section 83 Owners corporation to insure building
Insert “at least” before “the value” in section 83 (2).
[9] Section 84 Responsibility of owners corporation to insure where strata scheme is for part only of building
Insert “at least” before “the value” in section 84 (2).
[10] Section 87 What other insurance must an owners corporation take out?
Omit “claim” from section 87 (2). made”.
[11] Section 162 Order appointing strata managing agent to exercise certain functions
Insert “but only” before “if satisfied” in section 162 (3).
[12] Section 192 Orders relating to costs
Insert “or appeal” after “application” wherever occurring.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
[13] Section 192 (b)
Insert “or appellant” after “applicant”.
[14] Schedule 2 Meetings and procedure of owners corporation
Insert “or” after “in person” in clause 10 (3) (a).
[15] Schedule 4 Savings, transitional and other provisions
| Omit “An owners corporation” from clause 2. Insert instead “A body corporate”. |
[16] Schedule 4, clause 2
Insert “as an owners corporation” after “constituted” where secondly occurring.
[17] Dictionary
Omit “section 69 of the Strata Titles (Freehold Development) Act 1973” from paragraph (b) of the definition of owner of a lot in a freehold strata scheme.
Insert instead “section 98”.
[18] Dictionary
Omit “section 99 of the Strata Titles (Leasehold Development) Act 1986” from paragraph (b) of the definition of owner of a lot in a leasehold strata scheme.
Insert instead “section 98”.
[19] Dictionary
| Omit “that Act” from paragraph (c) of the definition of owner of a lot in a leasehold strata scheme. Insert instead “the Strata Schemes (Leasehold Development) Act 1986” . |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[20] Dictionary
| Omit “ section 94” from the definition o f strata roll. Insert instead “ section 98” . |
| Commencement |
| The amendments to the Strata Schemes Management Act 1996 commence, or are taken to have commenced, on the date of commencement of section 1 of that Act. |
| Explanatory note By-laws |
| Section 42 of the Strata Schemes Management Act 1996 provides that strata schemes in existence before the commencement of the section are to have the by-laws set out in Schedule 1 to the Act, together with amendments that may previously have been made to those by-laws by the relevant owners Corporation. Items [3]-[5] of the proposed amendments make it clear that those by-laws include any additional by-laws made by the owners corporation in the past. |
| Item [6] makes it clear that an owners corporation is able to add to its by-laws as well as to amend them. |
| Insurance |
| Section 83 of the Act requires an owners corporation for a strata scheme for the whole of a building to insure the building and to keep the building insured. At present, section 83 (2)of the Act requires the building to be insured for the value |
| of the building indicated by the last valuation obtained for the building. |
| Item [e]of the proposed amendments amends that subsection so that an owners corporation must insure its building to at least the amount of the last valuation, rather than to exactly the amount of the valuation. Item [g] makes an analogous amendment in respect of an owners corporation for a strata scheme for part only of the building. |
| Section 87 (2) of the Act requires an owners corporation to take out public liability insurance cover of at least $1 0 million for each claim made. However, it is current insurance industry practice for an insurer to underwrite public liability insurance based on a maximum liability for any event that may arise during the currency of the policy. |
| Item [10] of the proposed amendments amends section 87 (2) so that the minimum cover required is $10 million in relation to any one event. |
| Costs in relation to appeals from an order of an Adjudicator |
| Section l77 of the Act confers a right to appeal to the Strata Schemes Board against an order of an Adjudicator. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Items [12] and [13] of the proposed amendments will empower the Board to make an order for payment of costs in relation to the determination of an appeal, but only on limited grounds. The Board has a similarly limited power to order the payment of costs in relation to an application made to it for an order (see section 192).
Statute law revision
Items [1] and [2] of the proposed amendments are consequential on the amendments made to section 1 of the Strata Titles Act 1973 and the Strata Titles
(Leasehold) Act 1986 by the Strata Schemes Management (Miscellaneous
Amendments) Act 1996, as amended by Schedule 2.18.
Items [1], [17], [18] and [20] correct incorrect cross-references. Item [19] makes a consequentialamendment.
consequentialamendment.
Item [11] amends the wording of a provision to make it clear that the
unsatisfactory operation or non-operation of the management structure of a strata
scheme is the only basis on which an Adjudicator may make an order appointing
a strata managing agent.
Item [14] inserts an omitted word.
1.24 Strata Titles Act 1973 No 68
[1] Section 7 Subdivision
| Omit “ creation of easements,” frm section 7 (3). Insert instead “creation or release of easements, or the creation of” . | |
| [ 2 ] | Section 26 Creation or variation of easements, restrictions and positive covenants |
Insert “or varying” before “an easernent” wherever occurring in section 26 (1) (c) and (d).
[3] Section 28R Requirement for strata management statement
Omit section 28R (2) (a) (i). Insert instead:
(i) the building concerned is erected on a lot in a community scheme, and
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[4] Section 28R (2) (a) (ii)
Insert “and site” after “building” .
[5] Section 37 Approval of proposed strata plans and strata plans of subdivision and of conversion of lots into common property
Omit section 37 (1AA).
[6] Schedule 4 Transitional and savings provisions
Omit “This Act, as in force immediately before the commencement of Part 1 of Schedule 1 to the Strata Titles (Staged Development) Amendment Act 1993, applies” from clause 2 (1) of Part 3.
| Insert instead “The amendments made to this Act by the Strata Titles (Staged Development) Amendment Act 1993 do not apply” . |
[7] Schedule 4, Part 3, clauses 2 and 3
| Omit “ that commencement” wherever occumng. Insert instead “1 January 1995” . |
[8] Schedule 4, Part 3, clauses 2 (2) and 3
Omit “ The Land and Environment Court Act 1979, as in force immediately before the commencement of Schedule 2 to the Strata Titles (Staged Development) Amendment Act 1993, applies” wherever occumng.
Insert instead “The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Staged Development) Amendment Act 1993 do not apply” .
Commencement
T he am endm ents to S chedu le 4 o f the Strata Titles Act 1973 com m ence on
| |||
| Titles (Staged Development) Amendment Act 1993). | |||
| Explanatory note Release and variation of easements | |||
| S ince the enactm ent o f the Property Legislation Amendment (Easements) Act | |||
| 1995, section 88B o f the Conveyancing Act 1919 se ts ou t a p rocedure fo r the | |||
| re lease o f easem ents on reg is tra tion o r reco rd ing o f a p lan under D iv is ion 3 of P art 23 o f tha t A ct. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Item [1 ] o f the proposed am endm ents to the Strata Titles Act 1973 upda tes section 7 (3 ) o f the A ct, w h ich re fe rs to the crea tion o f easem ents under section 88B o f the Conveyancing Act 1919, bu t no t to the re lease o f easem ents under tha t section .
The PropertyLegislation Amendment (Easements) Act 1995 a lso p rov ided fo r the
varia tion o f an easem ent reg is te red under the Real Property Act 1900, by em pow ers a body co rpora te to accep t a dea ling crea ting o r re leas ing an easem ent, so as to em pow er a body corpora te to accep t a dea ling vary ing an easem ent.
reg is tra tion o f a m em orandum o f varia tion .
Part strata development within a community scheme
S ection 28R o f the Strata Titles Act 1973 p reven ts the R eg istra r-G enera l from reg is tering a p lan as a s tra ta p lan crea ting a s tra tum pa rce l un less the R egistra r-G enera l a lso reg is ters a s tra ta m anagem en t s ta tem ent fo r the bu ild ing and s ite concerned. A s pa rt s tra ta deve lopm ent is pe rm itted on a lo t in a com m unity schem e (see section 7 (2C )), section 28R a llow s the R egistra r-G enera l to d ispense w ith com p liance w ith the requ irem en t fo r a s tra ta m anagem en t s ta tem ent if the bu ild ing concerned is to be e rected on a com m unity deve lopm ent lo t, if pa rt on ly o f the bu ild ing is to be subd iv ided by a s tra ta p lan , and if a ll o f the rem a inder o f the bu ild ing an d s ite concerned a re to be com m unity property .
Item [3 ] o f the p roposed am endm ents am ends sec tion 28R so tha t a s tra ta schem e can be reg is te red in respect o f part on ly o f a bu ild ing e rected on a lo t in a com m unity schem e (w h ich inc ludes deve lopm ent on a com m unity deve lopm ent lo t, a prec inct deve lopm ent lo t, com m unity assoc ia tion prope rty and prec inct assoc ia tion p roperly). A s a resu lt o f the am endm ents , such a schem e can be reg is te red on ly if the re levant bu ild ing has been erected.
Item [4 ] m akes the language o f section 28R (2 ) (a ) (ii) cons is ten t w ith the rest of the section .
Widening of a public road by strata plan
S ection 37 o f the A c t prov ides fo r a loca l counc il, on app lica tion , to approve o f a p roposed s tra ta p lan tha t does no t inc lude a deve lopm ent lo t o r lo ts if sa tis fied o f ce rta in m atte rs . A t p resen t, section 37 (1A A ) p rov ides tha t if a proposed stra ta p lan show s a ded ica tion o f land to w iden an ex is ting pub lic road, the loca l council m ay inc lude approva l o f the ded ica tion in its ce rtifica te o f approva l. H ow ever, it is current p ractice fo r road w iden ing to be show n on a deposited p lan reg is tered under the Conveyancing Act 1919, w h ich occu rs be fo re the reg is tra tion o f a s tra ta p lan.
Item [5 ] o f the p roposed am endm ents om its section 37 (1A A ), w h ich is redundant.
Staged strata schemes registered before 1 January 1995
Items [6 ]-[8 ] c larify the application o f transitional provisions relating to staged strata schem es.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
1.25 Strata Titles (Leasehold) Act 1986 No 219
[1] Section 6 Subdivision (1973 Act, s. 7)
| Omit “ creation of easements,” from section 6 (4). Insert instead “creation or release of easements, or the creation of” . |
[2] Section 30 Creation or variation of easements, restrictions and positive covenants
Insert “or varying” before “an easement” wherever occumng in section 30 (1) (c) and (d) and (5) (c) and (d).
[3] Schedule 5 Transitional and savings provisions
Omit “This Act, as in force immediately before the commencement of Part 1 of Schedule 1 to the Strata Titles (Leasehold Staged Development) Amendment Act 1993, applies” from clause 2 (1) of Part 2.
Insert instead “The amendments made to this Act by the Strata Titles (Leasehold Staged Development) Amendment Act 1993 do not apply” .
[4] Schedule 5, Part 2, clauses 2 and 3
| Omit “ that commencement” wherever occumng. Insert instead “1 January 1995” . |
[5] Schedule 5, Part 2, clauses 2 (2) and 3
Omit “The Land and Environment Court Act 1979, as in force immediately before the commencement of Schedule 2 to the Strata Titles (Leasehold Staged Development) Amendment Act 1993, applies,' wherever occumng.
Insert instead “The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Leasehold Staged Development) Amendment Act 1993 do not apply” .
| Com m encem ent commence on 1 January 1995 (the date of commencement of Schedule 1 [23] to the Strata Titles (Leasehold Staged Development) Amendment Act 1993). |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor amendments | Schedule 1 |
Explanatory note
Release and variation o f easements
S ince the enactm ent o f the Properiy Legislation Amendment (Easements) Act
1995, section 88B o f the Conveyancing Act 1979 sets out a procedure fo r the
Conveyancing Act 1979, bu t not to the release o f easem ents unde r tha t section.
release o f easem ents on registration or recording o f a plan under D iv is ion 3 o f updates section 6 (4 ) o f tha t A c t, which refers to the creation o f easem ents under section 88B o f the
P art 2 3 o f tha t Act.
The Properiy Legislation Amendment (Easements) Act 1995 also provided for the
varia tion o f an easem ent registered unde r the Real Properly Act 1900, by
| reg istration | o f a | m em orandum | o f varia tion . |
Item [2 ] o f the proposed am endm ents updates section 3 0 o f the A ct, which em pow ers a body corpora te to accept a dealing creating or releasing an easem ent, s o as to em pow er a body corpora te to accept a dealing varying an easem ent.
Staged strata schemes registered before 1 January 1995
Items [3 ]- [5 ] clarify the application o f transitional provis ions relating to staged stra ta schem es.
| 1.26 | Subordinate Legislation Act 1989 No 146 |
| [1] | Section 10 Staged repeal of statutory rules |
| Omit section 10 (3). Insert instead: |
| (3) | Despite subsection (l), the following regulations are repealed on 1 September 1998: | |||
|
Statute Law (Miscellaneous Provisions) Act 1997 NO 55
| Schedule 1 | Minor amendments |
[2] Section 11 Postponement of repeal in specific cases
| Omit “section 10 (3)” from section 11 (6). Insert instead “section 10 (3) or (4)”. |
Explanatory note
Part 3 of the Subordinate Legislation Act 1989 provides for the staged repeal of statutory rules. Section 10 sets out the dates on which statutory rules are repealed and section 11 provides for the postponement of repeal in certain cases. Item [1] of the proposed amendments extends until 1 September 1998, with no further power of postponement, the repeal of regulations that are due for repeal on 1 September 1997 under the Subordinate Legislation Act 1989 and for which the maximum number of postponements has already been granted. The amendment also fixes 1 September 1998 as the date of repeal of certain other regulations relating to occupational health and safety, for which the maximum number of postponements has not been granted. No further postponements will be permissible in respect of those regulations. As a result all the relevant regulations will be due for repeal on the same date.
Item [2] of the proposed amendments updates a cross-reference.
| 1.27 | Teacher Housing Authority Act 1975 No 27 |
| Section 37 Liability of Authority for rates | |
| Omit “ (other than an ordinary rate made under the Local Government Act 1993)” from section 37 (1) (b). | |
| Validation | |
| Any payment of an ordinary rate made under the Local Government Act 1993 made by the Teacher Housing Authority in respect of land vested in the Authority, and made between 1 July 1993 and the date of assent to this Act, is validated. | |
| Explanatory note | |
| Amendments made to the Teacher Housing Authority Act 1975 as a consequence of the repeal and replacement of the greater part of the Local Government Act 1979 by the Local Government Act 1993 inadvertently changed the ratable status of land vested in the Teacher Housing Authority and on which a house is situated. The proposed amendment will restore the former position. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor amendments | Schedule 1 |
| 1.28 | T hrea tened Species C onse rva tion A c t 1995 N o 101 |
| [1 ] | Schedule 1 Endangered species, populations and ecological communities |
| Omit the matter under the heading “Animals” in Part 1 of Schedule 1. Insert instead: | |
| Vertebrates | |
| Amphibians Hylidae |
| Litoria aurea (Lesson, 1829) | Green and Golden Bell Frog |
| Litoria castanea (Steindachner, | Yellow-spotted Tree Frog |
| 1867) | |
| Litoria ranifomis (Keferstein, | Southern Bell Frog |
| 1867) | |
| *Litoria spenceri Dubois, 1984 | Spotted Frog |
Myobatrachidae
| Neobatrachus pictus Peters, 1863 | Painted Burrowing Frog |
| Pseudophryne corroboree Moore, | Southern Corroboree Frog |
| 1953 |
Reptiles
Agamidae
| Tympanocryptis lineata | South-eastern Lined Earless Dragon |
| pinguicolla Mitchell, 1948 |
Scincidae
| Anomalopus mackayi Greer & | Five-clawed Worm-skink |
| Cogger, 1985 |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Egernia margaretae Storr, 1968
| Eulamprus leuraensis Wells & | Water skink |
| Wellington, 1984 |
Elapidae
| *Hoplocephalus bungamides | Broad-headed Snake |
(Schlegel, 1837)
Typhlopidae
Ramphotyphlops endoterus (Waite,
1918)
Birds
Megapodiidae
| *Leipoa ocellata Gould, 1840 | Malleefowl |
| Anatidae | |
| Nettapus coromandelianus | Cotton Pygmy-goose |
(Gmelin, 1789)
Diomedeidae
| Diomedea exulans Linnaeus, 1758 | Wandering Albatross |
Accipitridae
| Erythrotriorchis radiatus (Latham, | Red Goshawk |
| 1801) |
Rallidae
| Gallirallus sylvestris (Sclater, | Lord Howe Woodhen |
| 1869) |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Otididae
| Ardeotis australis (Gray, 1829) | Australian Bustard |
Tumicidae
| Turnix melanogaster (Gould. | Black-breasted Button-quail |
| 1837) |
Pedionomidae
| Pedionomus torquatus Gould, | Plains-wanderer |
| 1841 |
Burhinidae
| Burhinus grallarius (Latham, | Bush Stone-curlew |
| 1801) | |
| Esacus neglectus Mathews, 1912 | Beach Stone-curlew |
Charadriidae
| Thinornis rubricollis (Grnelin, | Hooded Plover |
| 1789) |
Laridae
| *Sterna albifrons Pallas, 1764 | Little Tern |
Columbidae
| Phaps histrionica (Gould, 1841) | Flock Bronzewing |
| Geophaps scripta (Temminck, | Squatter Pigeon |
| 1821) |
Psittacidae
| *Cyclopsitta diophthalma coxeni | Double-eyed Fig-parrot |
(Hombron & Jacquinot, 1841)
| Polytelis anthopeplus (Lear, 1831) | Regent Parrot |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Maluridae
| Amyforns textilis (Dumont, 1824) | Thick-billed Grasswren |
Pardalotidae
| Dasyornis brachypterus (Latham, | Eastern Bristlebird |
| 1801) |
Meliphagidae
| *Xanthomyza phrygia (Shaw, 1794) | Regent Honeyeater |
| *Manorina melanotis (Wilson, | Black-eared Miner |
1911)
Pachycephalidae
| Pachycephala rufugularis Gould, | Red-lord Whistler |
| 1841 |
Passeridae
| Poephila cincta (Gould, 1837) | Black-boated Finch |
Mammals
Dasyuridae
| Dasyurus viverrinus (Shaw, 1800) | Eastern Quoll |
| Antechinornys laniger (Gould, | Kultarr |
| 1856) |
Perarnelidae
| Isoodon obesulus (Shaw, 1797) | Southern Brown Bandicoot |
Vombatidae
| Lasiorhinus latifrons (Owen, | Southern Hairy-nosed Wombat |
| 1845) |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Burramyidae
| Cercartetus concinnus (Gould, | Western Pygmy Possum |
| 1845) |
Potoroidae
| *Potorous longipes Seebeck & | Long-footed Potoroo |
| Johnston, 1980 | |
| Macropodidae | |
| Macropus dorsalis (Gray, 1837) | Black-striped Wallaby |
| Petrogale xanthopus Gray, 1855 | Yellow-footed Rock-wallaby |
Muridae
| Pseudomys apodemoides | Silky Mouse |
| Finlayson, 1932 | |
| Pseudomys bolami Troughton, | Bolam's Mouse |
| 1932 | |
| Pseudomys fumeus Brazenor, 1934 | Smoky Mouse |
| *Pseudomys oralis Thomas, 1921 | Hastings River Mouse |
Marine mammals
Balaenopteridae
| *Balaenoptera musculus musculus | Blue Whale |
(Linnaeus, 1758)
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Invertebrates
Molluscs
Bulimulidae
| Placostylus bivaricosus (Gaskoin, | a land snail |
| 1855) |
Camaenidae
| Thersites mitchellae (Cox, 1864) | a land snail |
Arthropoda
lnsecta
Lepidoptera
Castniidae
| Synemon plana Walker, 1854 | The Golden Sun Moth |
Lycaenidae
| Paralucia spinifera Edwards and | The Bathurst Copper Butterfly |
| Common, 1978 |
Phasmatodea
Phasmatidae
| Dryococelus australis | Lord Howe Island Phasmid |
| Montrouzier, 1855 |
[2] Schedule 1, Part 1
Omit “ Caesia parviflora var: minor R.J.F. Hind.” from the matter under the subheading “Anthericaceae” under the heading “Plants” . Insert instead “ Caesia parviflora var. minor R.J.F. Hend.” .
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
[3 ] Schedule 1, Part 1
Omit “ Wollemia noblei W. Jones & K. Hill ms” from the matter under the subheading “Araucariaceae” under the heading “Plants” . Insert instead “ Wollemia nobilis W. Jones, K. Hill & J. Allen” .
[4] Schedule 1, Part 1
| Omit “ Baeckea camphorata R. Br.” from the matter under the subheading “Myrtaceae” under the heading “Plants” . Insert instead “Triplarina imbricata (Sm.) A.R. Bean”. |
[5] Schedule 1, Part 1
Insert “*” before the description of each of the following species under the heading “Plants” .
Ochrosia moorei (F. Muell.) F. Muell. ex Benth.
Epacris hamiltonii Maiden & E. Betche
Haloragodendron lucasii (Maiden & E. Betche) Orch.
Deyeuxia appressa Vickery
Zieria adenophora Blakely
[6] Schedule 1, Part 1
Insert “ Triplarina nowraensis A.R. Bean” in alphabetical order under the subheading “Myrtaceae” under the heading “Plants” .
[7] Schedule 1, Part 1
Insert “ Microtis angusii D.L. Jones” in alphabetical order under the subheading “Orchidaceae” under the heading “Plants” .
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
[8] Schedule 1, Part 1
| Omit “ Apatophyllum constublei McGillivray” from the matter under the subheading “Celastraceae” under the heading “Plants”. Insert instead “ *Apatophyllum constublei McGillivray” . |
[9] Schedule 1, Part 1
Omit “ Davidsonia pruriens var. jerseyana Bailey” from the matter under the subheading “Davidsoniaceae” under the heading “Plants”.
Insert instead “ Davidsonia pruriens var. jerseyana Bailey”.
[10] Schedule 1, Part 1
| Omit “ *Davidsonia sp. A Mullumbimby-Currimbin Ck (A.G. Floyd 1595)” from the matter under the subheading “Davidsoniaceae” under the heading “Plants”. Insert instead “ *Davidsonia sp. A Mullumbimby-Currumbin Ck (A.G. Floyd 1595)” . |
[11] Schedule 1, Part 1
Omit “ Elaeocarpus sp. Rocky Creek (G. Read AQ 5621 14)” from the matter under the subheading “Elaeocarpaceae” under the
heading “Plants” . Insert instead “ Elaeocarpus sp. Rocky Creek (G. Read AQ 5621 14)” .
[12] Schedule 1, Part 1
Omit “ Prostanthera sp. Somersby (B.J. Conn 4024)” from the matter under the subheading “Lamiaceae” under the heading “Plants” .
Insert instead “ Prostanthera sp. Somersby (B.J. Conn 4024)” .
Schedule 1, Part 1
Omit “ *Quassia sp. Mooney Creek (J. Kin s.n., 1949)” from the matter under the subheading “Sirnaroubaceae” under the heading “Plants” .
Insert instead “ *Quassia sp. Mooney Creek (J. King s.n., 1949)”.
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| M inor amendments | Schedule 1 |
[14] Schedule 1, Part 2
Insert the following matter:
Animals
| Vertebrates Birds |
| Spheniscidae |
| Eudyptula minor (Forster, 1781) | Little Penguin at Manly Point |
Mammals
Petauridae
| Petaurus norfolcensis (Kerr, 1792) | Squirrel Glider on Barrenjoey Peninsula, north of Bushrangers Hill |
Peramelidae
| Perameles nasuta Geoffroy, 1804 | Long-nosed Bandicoot, North Head |
[15] Schedule 1, Part 4
Omit the matter under the heading “Animals”. Insert instead:
| Vertebrates Reptiles |
| Elapidae |
| Oxyuranus microlepidotus | Fierce Snake |
| (McCoy, 1879) |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Birds
Rallidae
| *Porphyrio albus (Shaw, 1790) | White Gallinule |
| Columbidae | |
| *Columba vitiensis godmanae | White-throated Pigeon (Lord Howe |
| Matthews, 1915 | Is. subsp.) |
| Psittacidae | |
| *Psephotus pulcherrimus (Gould, | Paradise Parrot |
1845)
| *Cyanoramphus novaezelandiae | Red-crowned Parakeet (Lord Howe |
| subflavescens Salvadori, 1891 | Is. subsp.) |
| Pezoporu occidentalis Gould, | Night Parrot |
1861
Strigidae
| *Ninox novaeseelandiae albaria | Southern Boobook (Lord Howe Is. |
| (Gmelin, 1788) | subsp.) |
| Pardalotidae | |
| *Gerygone insularis Ramsay, 1879 | Lord Howe Gerygone |
| Dicruridae | |
| *Rhipidura fuliginosa cervina | Grey Fantail (Lord Howe Is. subsp.) |
| Ramsay, 1879 | |
| Passeridae | |
| Neochmia ruficauda (Gould, | Star Finch |
1837)
Zosteropidae
| *Zosterops strenuus Gould, 1855 | Robust White-eye |
Muscicapidae
| *Turdus poliocephalus vinitinctus | Island Thrush (Lord Howe Is. |
| (Gould, 1855) | subsp.) |
| Sturnidae | |
| *Aplonis fusca hullianus Gould, | Tasman Starling (Lord Howe Is. |
1836 subsp.)
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Mammals
Dasyuridae
| Dasycercus cristicauda (Krefft, | Mulgara |
| 1867) | |
| Dasyurus geoffroi Gould, 1841 | Western Quoll |
| Phascogale calura Gould, 1844 | Red-tailed Phascogale |
Myrmecobiidae
| Myrmecobius fasciatus | Numbat |
| Waterhouse, 1836 |
Peramelidae
| *Chaeropus ecaudatus (Ogilby, | Pig-footed Bandicoot |
1838)
| Isoodon auratus (Ramsay, 1887) | Golden Bandicoot |
| Perameles bougainville Quoy & | Western Barred Bandicoot |
| Gaimard, 1834 | |
| Macrotis lagotis (Reid, 1837) | Bilby |
Vombatidae
| Lasiorhinus krefftii (Owen, 1872) | Northern Hairy-nosed Wombat |
Potoroidae
| Bettongia gaimardi (Desmarest, | Tasmanian Bettong |
| 1822) | |
| Bettongia lesueur (Quoy & | Burrowing Bettong |
| Gaimard, 1824) | |
| Bettongia penicillata Gray, 1837 | Brush-tailed Bettong |
| Bettongia tropica Wakefield, 1967 | Northern Bettong |
Macropodidae
| *Lagorchestes leporides (Gould, | Eastern Hare-wallaby |
1841)
| Onychogalea fraenata (Gould, | Bridled Nailtail Wallaby |
1841)*
| *Onychogalea lunata (Gould, | Crescent Nailtail Wallaby |
1841)
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
Vespertilionidae
| Nyctophilus howensis McKean, | Lord Howe Island Bat |
| 1973 |
Muridae
| *Conilurus albipes (Lichtenstein, | White-footed Tree-rat |
1829)
| *Leporillus apicalis (Gould, 1853) | Lesser Stick-nest Rat |
| Leporillus conditor (Sturt, 1848) | Greater Stick-nest Rat |
| Notomys cervinus (Gould, 1853) | Fawn Hopping-mouse |
| Notomys fuscus (Jones, 1925) | Dusky Hopping-mouse |
| *Notomys longicaudatus (Gould, | Long-tailed Hopping-mouse |
1844)
| Notomys mitchellii (Ogilby, 1838) | Mitchell's Hopping-mouse |
| Pseudomys australis Gray, 1832 | Plains Rat |
| Pseudomys desertor Troughton, | Desert Mouse |
| 1932 | |
| *Pseudomys gouldii (Waterhouse, | Gould's Mouse |
| 1839) |
[16] Schedule 1, Part 4
Insert “ * ” before “ Acanthocladium dockeri F. Muell.” under the subheading “Asteraceae” under the heading “Plants” .
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
[17] Schedule 2 Vulnerable species
Omit the matter under the heading “Animals”. Insert instead:
Vertebrates Amphibians
Myobatrachidae
| Assa darlingtoni (Loveridge, | Pouched Frog |
| 1933) | |
| Crinia tinnula Straughan & Main, | Wallum Froglet |
| 1966 | |
| Heleioporus australiacus (Shaw & | Giant Burrowing Frog |
| Nodder, 1795) | |
| Mixophyes balbus Straughan, | Stuttering Frog |
| 1968 | |
| Mixophyes fleayi Corben & | Fleay's Frog |
| Ingram, 1987 | |
| Mixophyes iteratus Straughan, | Giant Barred Frog |
| 1968 | |
| Philoria kundagungan (Ingram & | Mountain Frog |
| Corben, 1975) | |
| Philoria loveridgei Parker, 1940 | Loveridge's Frog |
| Philoria sphagnicola (Moore, | Sphagnum Frog |
| 1958) | |
| Pseudophryne australis (Gray, | Red-crowned Toadlet |
| 1835) | |
| Pseudophryne pengilleyi Wells | Northern Corroboree Frog |
| and Wellington, 1985 |
Hylidae
| Litoria brevipalmata Tyler, Martin | Green-thighed Frog |
| & Watson, 1972 | |
| Litoria olongburensis Liem & | Olongurra Frog |
| Ingram, 1977 | |
| Litoria piperata Tyler & Davies, | Peppered Frog |
| 1985 |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 1 | Minor amendments |
| Litoria subglandulosa Tyler & | Glandular Frog |
| Anstis, 1983 |
Reptiles
Cheloniidae
| Caretta caretta (Linnaeus, 1758) | Loggerhead Turtle |
| *Chelonia mydas (Linnaeus, 1758) | Green Turtle |
| Dermochel yidae | |
| *Dermochelys coriacea (Vandelli, | Leathery Turtle |
1761)
Chelidae
| Elseya sp. (Namoi and Gwydir | Namoi River Elseya |
| Rivers) | |
| Emydura macquarii (Gray, 1830) | Bellinger River Emydura |
| (Bellinger River Form) |
Gekkonidae
| Christinus guentheri (Boulenger, | Lord Howe Island Southern Gecko |
| 1885) | |
| Underwoodisaurus sphyrurus | Border Thick-tailed Gecko |
| (Ogilby, 1892) |
Pygopodidae
| Aprasia inaurita Kluge, 1974 | Mallee Worm Lizard |
| Aprasia parapulchella Kluge. | Pink-tailed Legless Lizard |
| 1974 | |
| *Delma impar Fischer, 1882 | Striped Legless Lizard |
Varanidae
| Varanus rosenbergi Mertens, 1957 | Rosenberg's Goanna |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Minor amendments | Schedule 1 |
Scincidae
| Coeranoscincus reticulatus | Three-toed Snake-tooth Skink |
| (Gunther, 1873) | |
| Cyclodomorphus branchialis | Gunther's Skink |
| (Gunther, 1867) | |
| Pseudemoia lichenigera | Skink |
| (O'Shaughnessy, 1874) | |
| Tiqiua multifasciata Sternfeld, | Centralian Blue-tongued Lizard |
| 1919 | |
| Tiliqua occipitalis (Peters, 1863) | Western Blue-tongued Lizard |
Boidae
| Aspidites ramsayi (Macleay, 1882) | Woma |
| Liasis stimsoni Smith, 1985 | Stimson's Python |
Elapidae
| Cacophis harriettae Krefft, 1869 | White-crowned Snake |
| Demansia torquata (Gunther, | Collared Whip Snake |
| 1862) | |
| Echiopsis curta (Schlegel, 1837) | Bardick |
| Hoplocephalus bitorquatus (Jan, | Pale-headed Snake |
| 1859) | |
| Hoplocephalus stephensii Krefft, | Stephens' Banded Snake |
| 1869 | |
| Simoselaps fasciolatus (Gunther, | Narrow-banded Snake |
| 1872) | |
| Suta flagellum (McCoy, 1878) | Little Whip Snake |
Birds
Anseranatidae
| Anseranas semipalmata (Latham, | Magpie Goose |
| 1798) |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 3 | Amendments replacing gender-specific language |
| [8 ] | Section 23 Insert “or she” after “he” . |
[9 ] Sections 24 and 25 (1) (a) and (c) Omit “ his” wherever occurring. Insert instead “ the inspector's''.
| [1 0 ] | Section 25 (1) (a) Omit “ he” . Insert instead “ the owner” . |
[1 1 ] Sections 25 (2) and 26 (1) Omit “ he” wherever occurring. Insert instead “ the inspector” .
| [1 2 ] | Section 26 (2) Omit “by him” . Insert instead “by him or her” . |
[1 3 ] Section 26 (2) Omit “ to him” .
| 3 .2 2 | Solicitor General Act 1969 No 80 |
| [1 ] | |
| Section 1 (2), definition of “Solicitor General” and sections 2 (1) Omit “ his” wherever occurring. Insert instead “ the Solicitor General's'' | |
| [2 ] | Section 2 (3) Omit “him” . Insert instead “ the Solicitor General” . |
| [3 ] | Sections 2 (5) and 6 (2) (d), (e) and (f) Omit “his office” wherever occurring. Insert instead “office” . |
| [4 ] | Section 2 (5) Omit “ he” wherever occurring. Insert instead “ the Solicitor General” . |
| [5 ] | Section 2 (5) (b) Omit “ his creditors” . Insert instead “ his or her creditors” . |
| [6 ] | Section 2 (5) (b) Omit “his remuneration or of his estate” . Insert instead “his or her remuneration or estate” . |
| [7 ] | Section 2 (5) (d) Omit “his hand” . Insert instead “his or her hand” . |
| [8 ] | Sections 2 (5) (f), 3 (1) (b) and 6 (3) (a) Insert “or her” after “ his” wherever occurring. |
| [9 ] | Section 2 (7) Omit “ he” . Insert instead “ the person” . |
| [1 0 ] | Section 6 (2) (e) Omit “ his vacation” . Insert instead “ that vacation” . |
| [1 1 ] | Section 6 (3) (a) Insert “ or she” after “ he” . |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Amendments replacing gender-specific language | Schedule 3 |
Stock (Chemical Residues) Act 1975 No 26
Section 3, definition of “stock”
Omit “man” from paragraph (b). Insert instead “people”.
Sections 5 (1) (a), (d) (i) and (e) (i) and 7 (2)
Omit “on him” wherever occurring.
Sections 5 (1) (f) and 7 (2)
Omit “he” wherever occurring. Insert instead “ the inspector” .
Sections 5 (1) (f) and 13
Omit “his” wherever occurring. Insert instead “ the person's''.
Section 5 (2) (a)
Omit “his” . Insert instead “ the inspector's''.
Sections 5 (2) (c), 6A (1), 7 (4) (b) and 8 (5) (b)
Insert “or her” after “his” wherever occurring.
Sections 5 (4) and 6A (2)
Omit “his” wherever occurring.
Section 6 (1)
Omit “ he” . Insert instead “that the inspector” .
Sections 6 (1) (a) and (2) and 7 (4) (a)
| Omit “him” wherever occurring. Insert instead | “ the person” . |
| Sections 7 (4), 8 (5) and 12 (3) | |
| Omit “he” wherever occurring. Insert instead | “ the person” . |
Section 9 (1)
Omit “him”. Insert instead “ the owner or person” .
Section 11 (1) and (2)
Omit “he” wherever occurring. Insert instead “ the Minister” .
Section 11 (3) and (4)
Omit “his” wherever occurring. Insert instead “ the Minister's''
Section 14 (1) (a)
Insert “or she” after “he” .
Section 14 (1)
Insert “or her” after “him” wherever occurring.
Trustee Companies Act 1964 No 6
Sections 2 (2) (d) and 35
Omit “he” wherever occurring. Insert instead “ the person” .
Section 2 (2) (d)
Omit “ him” . Insert instead “that person” .
Section 6 (1) (a)
Omit “himself” . Insert instead “ that person” .
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 3 | Amendments replacing gender-specific language |
[4] Section 6 (1) (b) Omit “ himself” .
[5] Sections 14, 15, 19C (1), 20A (2) and 33 (2) Insert “or her” after “his” wherever occurring.
| [6] | Section 18 (5) Omit “his” . Insert instead “ the testator's''. |
| [7] | Section 19C (1) (a) Omit “ he” . Insert instead “ the officer” . |
| [8] | Section 22 (2) Omit “him” wherever occurring. Insert instead “ the person” . |
| [9] | Section 33 (1) Omit “his” . Insert instead “ the settlor's or testator's''. |
| [10] | Section 35 Omit “his” . Insert instead “ the person's''. |
| [11] | Section 35 Omit “ him” . Insert instead “ the person” . |
| [12] | Second Schedule Omit “him” wherever occurring. Insert instead “ the member” . |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Amendments transferring provisions | Schedule 4 |
| Schedule 4 | Amendments transferring provisions |
(Section 3)
Aboriginal Land Rights Act 1983No 42
[1] Schedule 4 Savings, transitional and other provisions
Insert after Part 2:
| ||
| 9A Funding of acquisition of certain land |
| (1) | Where, as at 2 May 1986 (the date of assent to the amending Act), land was being acquired by a Local Aboriginal Land Council with money or other financial assistance provided by a Regional Aboriginal Land Council, the Regional Aboriginal Land Council may, notwithstanding the provisions of this Act, as amended by the amending Act, continue to provide that money or financial assistance and the Local Aboriginal Land Council may continue to acquire and complete the acquisition of that land. |
| (2) | This clause is taken to have commenced on 2 May 1986. |
| (3) | Subclause (1) re-enacts (with minor modifications) clause 1 of Schedule 2 to the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies. |
| (4) | In this clause: |
| amending Act means the Aboriginal Land Rights (Amendment) Act 1986. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 4 | Amendments transferring provisions |
[2] Schedule 4, Part 3A
Insert after Part 3:
| ||
| 15A Saving of certain directions |
| (1) | Any directions given by the Minister under section 33A (as inserted by the Aboriginal Land Rights (Amendment) Act 1986) that were in force immediately before 2 May 1990 are to be taken to be directions given by the Minister under that section (as revived by the amending Act). |
| (2) | This clause is taken to have commenced on 22 June 1990. |
| (3) | Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies. |
| (4) | In this clause: |
| amending Act means the Aboriginal Land Rights (Revival of Financial Provision) Act 1990. |
Explanatory note
The proposed amendments insert in Schedule 4 (Savings, transitional and other provisions) to the Aboriginal Land Rights Act 1983 the substance of transitional provisions (of possible on-going effect) contained in clause 1 of Schedule 2 to the Aboriginal Land Rights (Amendment) Act 1986 and section 4 of the Aboriginal Land Rights (Revival of Financial Provision) Act 1990. The enactment of the amendments 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 1997 No 55
| Repeals | Schedule 5 |
| Schedule 5 Repeals |
(Section 4)
Repeal of Acts or parts of Acts
Landlord and Tenant (Amendment) Act 1932 No 67***
Aboriginal Land Rights (Amendment) Act 1986 No 18**
Local Government (General Revision) Amendment Act 1986 No 159—
Schedule 6 (7) only****
WorkCover Legislation (Amendment) Act 1989 No 121* Workers Compensation (Amendment) Act 1989 No 214* Food Act 1989 No 231-items (2) and (3) of the provisions of Schedule 4
relating to the Local Government Act 1919 only****
Aboriginal Land Rights (Revival of Financial Provision) Act 1990 No 32**
Miscellaneous Acts (Crown and Other Roads) Amendment Act 1990 No 55 -item (2) of amendments to the Land and Environment Court Act 1979 and amendments to the Valuation of Land Act 1916 only****
Fertilizers (Amendment) Act 1992 No 8-Schedule 2 only****
Police Service (Volunteer Police) Amendment Act 1992 No 54****
State Revenue Legislation (Further Amendment) 1992 No 86*
Electricity (Amendment) Act 1993 No 24*
Commonwealth Powers (Poultry Processing) Act 1993 No l00****
Occupational Health and Safety Legislation (Amendment) Act 1994 No 5
Energy Legislation (Miscellaneous Amendments) Act 1994 No 82—
Schedule 1 (3), Schedule 1 (4) (to the extent that it inserts proposed section
6FA into the Electricity Act 1945) and Schedule 5 only****
Registered Clubs Amendment Act 1995 No 37*
Commercial Tribunal Legislation Amendment Act 1995 No 40*
Stock Medicines Amendment Act 1995 No 47*
Fair Trading Amendment Act 1995 No 58*
Police Service Amendment Act 1995 No 77*
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 5 | Repeals |
Electricity Supply Act 1995 No 94—clause 16 (3) and (4) of Schedule 6 only****
Energy Services Corporations Act 1995 No 95 -so much of Schedule 4.6
[4] as would repeal section 6B of the Electricity Act 1945 only****
State Revenue Legislation Further Amendment Act 1995 No 98-Schedule
7 [20] only****
Public Health Amendment Act 1996 No l*
Roads Amendment (Street Vending) Act 1996 No 8*
Casino Control Amendment (Cheques) Act 1996 No 10*
Sydney Organising Committee for the Olympic Games Amendment Act
1996 No 26*
Public Health Amendment (Tobacco) Act 1996 No 33*
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41*
Liquor and Registered Clubs Legislation Amendment (Enforcement) Act
1996 No 42*
| Liquor and Registered Clubs | Legislation Amendment (Minors' |
| Entertainment) Act 1996 No 43* |
Sydney Organising Committee for the Olympic Games Further Amendment
Act 1996 No 63*
Police Service Amendment (Commissioned Officers) Act 1996 No 91 *
Trustee Amendment Act 1996 No 100*
Listening Devices Amendment Act 1996 No 118*
Notes
| * | 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 amending 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 Act that is no longer of practical utility |
| * * * * | indicates repeal of an Act or part of an Act that is uncommenced |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| 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 that are fully commenced, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an amending Act is repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that the following matters are not affected:
| (a) | the proof of any past act or thing, |
| (b) | any right, privilege, obligation or liability saved by the operation of the Act, |
| (c) | any validation made by the Act, |
| (d) | the operation of any savings or transitional provision contained in the Act. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 6 | General savings, transitional and other provisions |
| Schedule 6 | General savings, transitional and other provisions |
(Section 5)
1 Effect o f amendment o f amending provisions
|
amending provision means a provision of an Act, or of any other instrument, being a provision that has commenced and that makes a direct amendment to an Act by:
| (a) | the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or |
| (b) | the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or |
| (c) | the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act, |
whether the provision was enacted before or after the
commencement of the Reprints Act 1972.
Explanatory note
This clause ensures that amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (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 o f 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 regulation, or |
| (b) | repeals and re-enacts (with or without modification) a provision of an Act or regulation, |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| 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
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.
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.
4 Revocation o f repeal
The Public Finance and Audit (Auditor-General) Amendment Act 1991 is taken not to be, and never to have been, repealed by the Statute Law (Miscellaneous Provisions) Act 1995.
5 Commencement of part of an Act
The uncommenced part of Schedule 3 [29] to the WorkCover
Legislation Amendment Act 1995 is commenced.
6 Regulations
| (1) | The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. |
| (2) | Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
| Schedule 6 | General savings, transitional and other provisions |
| (3) | To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as: | |||
| ||||
| Explanatory note nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act. |
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Notes
Notes
Index of Acts and regulations amended by Schedules 1, 2, 3 and 4
Aboriginal Land Rights Act 1983 No 42—Sch 3, Sch 4
Bookmakers (Taxation) Act 1917 No 15—Sch 1
Broken Hill Trades Hall Site Act of 1898 No 31—Sch 2
Broken Hill Trades Hall Site Extension Act 1915 No 42—Sch 2
Business Names Act 1962 No 11—Sch 3
Community Land Development Act 1989 No 201—Sch 1
Conveyancing Act 1919 No 6—Sch 1
Correctional Centres Act 1952 No 9—Sch 2
Director of Public Prosecutions Act 1986 No 207—Sch 1
District Court Act 1973 No 9—Sch 2
Dog Act 1966 NO 2—Sch 3
Eastern Gas Pipeline (Special Provisions) Act 1996 No 126—Sch 1
Election Funding Act 1981 No 78—Sch 3
Electricity Safety Act 1945 (1946 No 13)—Sch 2
Encroachment of Buildings Act 1922 No 23—Sch 1
Evidence Act 1995 No 25—Sch 1
Fertilizers Act 1985 No 5—Sch 1
Firearms Amendment Act 1996 No 135—Sch 2
Funeral Funds Act 1979 No 106—Sch 3
Gas Supply Act 1996 No 38—Sch 1
Growth Centres (Development Corporations) Act 1974 No 49—Sch 3
Harness Racing Legislation Amendment Act 1996 No 90—Sch 2
Hay Imgation Act 1902 No 57—Sch 3
Horticultural Stock and Nurseries Act 1969 No 3—Sch 3
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Notes
Industrial Relations Act 1996 No 17—Sch 1
Interpretation Act 1987 No 15—Sch 1
Land Development Contribution Management Act 1970 No 22—ch 3
Land Sales Act 1964 No 12—Sch 3
Land Tax Management Act 1956 No 26—Sch 3
Landlord and Tenant (Rental Bonds) Act 1977 No 44—Sch 1, Sch 3
Law Foundation Act 1979 No 32—Sch 1, Sch 3
Law Reform Commission Act 1967 No 39—Sch 3
Legal Profession Amendment (National Practising Certificates) Act 1996 No
113—Sch 2
Long Service Leave Act 1955 No 38—Sch 2
Long Service Leave (Metalliferous Mining Industry) Act 1963 No 48—
Sch 2
Marine Pilotage Licensing Act 1971 No 56—Sch 3
Mine Subsidence Compensation Act 1961 No 22—Sch 3
Motor Accidents Act 1988 No 102—Sch 1
National Parks and Wildlife Act 1974 No 80—Sch 1, Sch 3
Pawnbrokers and Second-hand Dealers Act 1996 No 13—Sch 2
Pay-roll Tax Act 1971 No 22—Sch 2
Pesticides Act 1978 No 57—Sch 3
Petroleum Products Subsidy Act 1965 No l—Sch 3
Police Service Act 1990 No 47—Sch 2
Public Authorities (Financial Arrangements) Act 1987 No 33—Sch 1
Public Authorities (Financial Arrangements) Regulation 1995—Sch 1
Public Lotteries Act 1996 No 86—Sch 2
Real Property Act 1900 No 25—Sch 1
Road Transport (Mass, Loading and Access) Regulation 1996—Sch 1
Roads Act 1993 No 33—Sch 1
Roman Catholic Church Communities' Lands Act 1942 No 23—Sch 1
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Notes
Roman Catholic Church Trust Property Act 1936 No 24—Sch l
Royal Botanic Gardens and Domain Trust Act 1980 No 19—Sch 3
Sea-carriage of Goods (State) Act 1921 No 5—Sch 3
Seeds Act 1982 No 14—Sch 3
Sentencing Act 1989 No 87—Sch 2
Solicitor General Act 1969 No 80—Sch 3
State Revenue Legislation (Miscellaneous Amendments) Act 1996 No
125—Sch 2
Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121—Sch 2
Stock (Chemical Residues) Act 1975 No 26—Sch 3
Strata Schemes Management Act 1996 No 138—Sch 1
Strata Schemes Management (Miscellaneous Amendments) Act 1996 No
139—Sch 2
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
Superannuation (Axiom Funds Management Corporation) Act 1996 No 40—
Sch 2
Supreme Court Act 1970 No 52—Sch 2
Teacher Housing Authority Act 1975 No 27—Sch 1
Threatened Species Conservation Act 1995 No 101—Sch 1
Transport Administration Act 1988 No 109—Sch 2
Transport Administration Amendment (Light Rail) Act 1996 No 128—Sch 2
Trustee Companies Act 1964 No 6—Sch 3
Waste Minimisation and Management Act 1995 No 102—Sch 1
Water Board (Corporatisation) Act 1994 No 88—Sch 1
Water Supply Authorities Act 1987 No 14—Sch 2
Wilderness Act 1987 No 196—Sch 1
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Notes
Index of Acts repealed by Schedule 5
Aboriginal Land Rights (Amendment) Act 1986 No 18
Aboriginal Land Rights (Revival of Financial Provision) Act 1990 No 32
Casino Control Amendment (Cheques) Act 1996 No 10
Commercial Tribunal Legislation Amendment Act 1995 No 40
Commonwealth Powers (Poultry Processing) Act 1993 No 100
Electricity (Amendment) Act 1993 No 24
Electricity Supply Act 1995 No 94—clause 16 (3) and (4) of Schedule 6
only
Energy Legislation (Miscellaneous Amendments) Act 1994 No 82—
Schedule 1 (3), Schedule 1 (4) (to the extent that it inserts proposed section
6FA into the Electricity Act 1945) and Schedule 5 only
Energy Services Corporations Act 1995 No 95—so much of Schedule 4.6
[4] as would repeal section 6B of the Electricity Act 1945 only
Fair Trading Amendment Act 1995 No 58
Fertilizers (Amendment) Act 1992 No 8-Schedule 2 only
Food Act 1989 No 231—items (2) and (3) of the provisions of Schedule 4
relating to the Local Government Act 1919 only
Landlord and Tenant (Amendment) Act 1932 No 67
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Liquor and Registered Clubs Legislation Amendment (Enforcement) Act
1996 No 42
Liquor and Registered Clubs Legislation Amendment (Minors'
Entertainment) Act 1996 No 43
Listening Devices Amendment Act 1996 No 118
Local Government (General Revision) Amendment Act 1986 No 159—
Schedule 6 (7) only
Miscellaneous Acts (Crown and Other Roads) Amendment Act 1990 No
55—item (2) of amendments to the Land and Environment Court Act 1979
and amendments to the Valuation of Land Act 1916 only
Occupational Health and Safety Legislation (Amendment) Act 1994 No 5
Police Service Amendment Act 1995 No 77
Statute Law (Miscellaneous Provisions) Act 1997 No 55
Notes
Police Service Amendment (Commissioned Officers) Act 1996 No 91
Police Service (Volunteer Police) Amendment Act 1992 No 54
Public Health Amendment Act 1996 No 1
Public Health Amendment (Tobacco) Act 1996 No 33
Registered Clubs Amendment Act 1995 No 37
Roads Amendment (Street Vending) Act 1996 No 8
State Revenue Legislation (Further Amendment) Act 1992 No 86
State Revenue Legislation Further Amendment Act 1995 No 98—Schedule
7 [20] only
Stock Medicines Amendment Act 1995 No 47
Sydney Organising Committee for the Olympic Games Amendment Act
1996 No 26
Sydney Organising Committee for the Olympic Games Further Amendment
Act 1996 No 63
Trustee Amendment Act 1996 No 100
WorkCover Legislation (Amendment) Act 1989 No 121
Workers Compensation (Amendment) Act 1989 No 214
[Minister's second reading speech made in—
Legislative Assembly on 28 May 1997
Legislative Council on 25 June 1997]
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