Statute Law (Miscellaneous Provisions) Act 1998 (NSW)
New South Wales
Statute Law (Miscellaneous Provisions) Act 1998 No 54
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 Associations incorporation Act 1984 No 143
Broken Hill Trades Hall Site Act of 1898 No 31
Broken Hill Trades Hall Site Extension Act 191 5 No 42
Community Land Management Act 1989 No 202
Statute Law (Miscellaneous Provisions) Act 1 9 9 8 No 5 4
Contents
Page
Contaminated Land Management Act 1 9 9 7 No 1 4 0
Conveyancing Act 1 9 1 9 No 6
Credit (Finance Brokers) Act 1 9 8 4 No 9 6
Education Act 1 9 9 0 No 8
Environmental Planning and Assessment Act 1 9 7 9
No 203
Health Services Act 1 9 9 7 No 1 5 4
Home Building Act 1 9 8 9 No 1 4 7
Motor Vehicles Taxation Act 1 9 8 8 No 111
Ombudsman Act 1 9 7 4 No 6 8
Protection of the Environment Operations Act 1 9 9 7
N o 1 5 6
Road Transport (Heavy Vehicles Registration Charges)
Act 1 9 9 5 No 72
Security Industry Act 1 9 9 7 No 1 5 7
State Sports Centre Trust Act 1 9 8 4No 6 8
Strata Schemes Management Act 1 9 9 6 No 1 3 8
Subordinate Legislation Act 1 9 8 9 No 1 4 6
Technical and Further Education Commission Act 1 9 9 0
No 1 1 8Transport Administration Act 1 9 8 8 No 1 0 9
2 Amendments by way of statute law revision 3 0 3 Amendments transferring provisions 4 4
4 Repeals 5 3
5 General savings, transitional and other provisions 5 7
Notes 5 9
Contents page 2
New South Wales
Statute Law (Miscellaneous Provisions) Act 1998 No 54
Act No 54, 1998
An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 30 June 1998]
| Clause 1 | Statute Law (Miscellaneous Provisions) Act 1998 No 54 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Statute Law (Miscellaneous Provisions) Act 1998.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsection (2).(2)
The amendments made by Schedule 1 and 2 commence on the day or days specified in that Schedule in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
3 Amendments
Each Act or instrument specified in Schedules 1–3 is amended as set out in those Schedules.
4 Repeals
Each Act specified in Schedule 4 is repealed.
5 General savings, transitional and other provisions
Schedule 5 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 1998 No 5 4
Minor amendments Schedule 1 Schedule 1 Minor amendments
(Section 3 )
1 .1 Associations lncorporation Act 1984 No 143 Section 27 Lodgment of statement regarding accounts
Insert after section 27 (4):(5) Two or more different fees may be prescribed under subsection (2), depending on how long after the relevant annual general meeting the application for an extension or further extension under that subsection is made. The fee prescribed may not exceed an amount equal to 2 penalty units.
( 6 )
The Commissioner may waive or remit payment of the whole or any part of a fee required to accompany a statement or application under this section.
Transitional due to be lodged or paid before the date of commencement of the amendment.
-General of the Department of Fair Trading (called “the Commissioner” in the Act) within one month after the date of each annual general meeting of the association. The section also provides for the public officer to make an application, accompanied by a prescribed fee, for an extension or further extension of the period for lodging a statement The proposed amendment provides for different fees to be prescribed for an application for an extension or further extension, depending on how long after the annual general meeting the application is made. The amendment also allows the Director-General of the Department of Fair Trading to waive or remit the whole or any part of the fee payable on lodgment of the statement or on lodgment of an application for an extension or further extension of the time in which to lodge the statement.
Explanatory note incorporated association to lodge a statement relating to the accounts of the association with the Director
1.2 Broken Hill Trades Hall Site Act of 1898 No 31 Section 3 Trustees may make rules
Omit “Colonial Secretary or the”.Explanatory note The Broken Hill Trades Hall Site Act of 1898 provides for certain land at Broken Hill to be vested in trustees for the purposes of the erection of a trades hall. The trustees are empowered to make rules regulating the use of the trades hall. Such rules must be approved by the Colonial Secretary or the Minister administering Chapter 5 of the lndustrial Relations Act 1996, which is presently the Minister for Industrial Relations.
The proposed amendment removes the role of the Minister for Gaming and Racing (to whom references to the Colonial Secretary are taken to refer, by operation of the Administrative Changes Order (No 5) 1986, published in Gazette No 81 of 16 May 1986, p 2167 and the Administrative Changes (Ministers) Order 1995, published in Gazette No 38 of 4 April 1995, p 1831). The amended section provides for the Minister for Industrial Relations to approve such rules.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
| 1.3 | Broken Hill Trades Hall Site Extension Act 1915 No 42 |
| Section 3 Trustees may make rules Omit “Colonial Secretary or the”. | |
| Explanatory note | |
| The Broken Hill Trades Hall Site Extension Act 1915 provides for certain land at Broken Hill to be vested in trustees elected under the Broken Hill Trades Hall Site Act of 1898 for the purposes of and in connection with a trades hall. The trustees are empowered to make rules regulating the use of the relevant land and any buildings on it. Such rules must be approved by the Colonial Secretary (presently taken to be the Minister for Gaming and Racing, by operation of the Administrative Changes Order (No 5) 1986, published in Gazette No 81 of 16 May 1986, p 2167 and the Administrative Changes (Ministers) Order 1995, published in Gazette No 38 of 4 April 1995, p 1831) or the Minister administering Chapter 5 of the lndustrial Relations Act 1996 (presently the Minister for Industrial Relations). | |
| The proposed amendment removes the role of the Minister for Gaming and Racing. The amended section provides for the Minister for Industrial Relations to approve such rules. | |
| 1.4 | Community Land Management Act 1989 No 202 |
| [1] | Section 3 Definitions Omit “Auctioneers and Agents Act 1941” from the definition of managing agent in section 3 (1). Insert instead “Property, Stock and Business Agents Act 1941”. |
| [2] | Section 3 (l), definition of “strata corporation” Omit “body corporate” from the definition. Insert instead “owners corporation”. |
| [3] | |
| Sections 5 (4), 6 (4) and 7 (4) Insert instead “Corporations Law”. | |
| [4] | |
| Section 13A How can an association enforce the by-laws? Insert instead “Community Schemes Board”. | |
| [5] | |
| Section 29 Candidates for election to community or precinct executive Omit “or council” from section 29 (1) (d). | |
| [6] | Section 39 Insurance against damage or destruction Insert “at least” before “the value” in section 39 (1A). |
| Explanatory note Insurance | |
| Section 39 of the Community Land Management Act 1989 requires a community association, precinct association or neighbourhood association to insure any building or structure on association property against damage or destruction. At present, section 39 (1A) of the Act requires the building or structure to be insured for the value of the building or structure indicated by the last valuation obtained in accordance with the Act. | |
| Item [6] of the proposed amendments amends that subsection so that an association must insure the building or structure for at least the amount of the last valuation, rather than for exactly that amount. |
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 Statute law revision the executive committee of an owners corporation.
Items [ l ] and [3] of the proposed amendments update references to certain legislation.
Item [2] updates a reference to owners corporations established under the Strata Schemes
Management Act 1996.Item [4] updates a reference to the statutory body responsible for issuing fines.
1.5 Contaminated Land Management Act 1997 No 140 Schedule 2 Savings and transitional provisions
Insert after clause 3 (2):
(3) Despite subclause ( l ) , land that is premises in respect of which a direction was given under section 35, or prescribed remedial action was commenced under section 36, of the Environmentally Hazardous Chemicals Act 1985 before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 28 (Maintenance of remediation: notice to owner or occupier) and 29 (Maintenance of remediation: covenant) of this Act, taken to be land the subject of remediation under Part 3 of this Act. (4) Despite subclause (l), a direction given under section 35 of the Environmentally Hazardous Chemicals Act 1985 before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 58 (EPA’s record of current declarations and orders) and 59 (Local authorities to be informed) of this Act, taken to be:
(a) if the direction relates only to the investigation of the land (for instance, to determine the nature and extent of the contamination of the land, the nature and extent of the harm caused by the contamination or the risk that the contamination will cause such harm) and not to the remediation of the land-an investigation order, or
(b) in any other case-a remediation order.
(5)
Despite subclause ( l ) , any agreement to take prescribed remedial action entered into under section 36 (2) (a) of the Environmentally Hazardous Chemicals Act 1985, or any direction to take such action given under section 36 (2) (b) of that Act, before the repeal of Part 5 of that Act by this Act is, for the purposes only of sections 58 (EPA’s record of current declarations and orders) and 59 (Local authorities to be informed) of this Act, taken to be:
(a) if the prescribed remedial action in relation to which the agreement was entered into or the direction was given relates only to the investigation of the land (for instance, to determine the nature and extent of the contamination of the land, the nature and extent of the harm caused by the contamination or the risk that the contamination will cause such harm) and not to the remediation of the land-an investigation order, or
(b) in any other case—a remediation order.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Commencement of commencement of clause 3 of Schedule 2 to that Act.
Explanatory note the repealed Part will be taken to be investigation orders or remediation orders under the new Act for limited purposes, namely, for the purpose of the making of orders requiring the maintenance of remediation and for the purpose of keeping records of matters affecting land.
The Contaminated Land Management Act 1997 provides for the investigation and
remediation of contaminated land. The Act repeals Part 5 of the Environmentally Hazardous
Chemicals Act 1985, which deals with the restoration of premises that are chemically
contaminated. Clause 3 of Schedule 2 to the Contaminated Land Management Act 1997
provides for the continued effect of Part 5 of that Act in respect of certain conditions,
undertakings or directions in force before its repeal and in respect of certain remedial actionunder way before the repeal.
| 1.6 | Conveyancing Act 1919 No 6 |
| [1 ] | Section 7 Definitions Omit “Registrar-General” where firstly occurring in the definition of Crown plan |
| in section 7 (1). | |
| Insert instead “Surveyor-General”. | |
| [2] | Section 7A Current plan Omit section 7A (1). Insert instead: |
(1)
In this Act, current plan means a Crown plan or a registered plan, but does not include so much of a Crown plan or registered plan as is taken not to form part of a current plan because of subsection (2), (3) or (4).
Commencement
The amendments to sections 7 and 7A of the Conveyancing Act 1919 commence on the
date of commencement of Schedule 2 [ l ] and [2] to the Environmental Planning andAssessment Amendment Act 1997, respectively.
Explanatory note
The proposed amendments amend provisions inserted in the Conveyancing Act 1919 by the
Environmental Planning and Assessment Amendment Act 1997.
Item [ l ] of the proposed amendments corrects a reference to the office-holder responsible
for the keeping of Crown plans.
Item [2] removes the power of the Governor-in-Council to make regulations that exclude aCrown plan or registered plan from the meaning of the term current plan.
| 1.7 | Credit (Finance Brokers) Act 1984 No 96 |
| [1] | |
| Section 4 Definitions Insert instead: |
credit has the same meaning as it has in the Credit Act 1984 or the
Consumer Credit (New South Wales) Code.
credit contract means a contract that is a credit contract within the
meaning of the Credit Act 1984 or within the meaning of the ConsumerCredit (New South Wales) Code.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 [2] Section 4 ( l ) , definition of “regulated contract”
Omit the definition.
[3] Section 4 (2) (a) and (a1)
Omit section 4 (2) (a). Insert instead:
(a)
under a regulated contract, within the meaning of the Credit Act 1984, to which that Act continues to apply, or
(a1) under a credit contract within the meaning of the Consumer
Credit (New South Wales) Code, or
Explanatory note
The Credit (finance Brokers) Act 1984 regulates the business of finance brokers but only in so far as credit to which the business of the finance broker relates is, or includes, credit to be provided under a regulated contract (within the meaning of the Credit Act 1984) or by way of a housing loan.
Item [3] of the proposed amendments makes it clear that the Credit (finance Brokers) Act 1984 applies where the credit to which the business of the finance broker relates is, or includes, credit to be provided under a regulated credit contract to which the Credit Act 1984 continues to apply and to a credit contract within the meaning of the Consumer Credit (New South Wales) Code as well as to credit provided by way of a housing loan (regulated under either the Act or the Code).
Item [1] updates definitions accordingly.
Item [2] omits a redundant definition.
1.8 Education Act 1990 No 8 [1] Section 94 School Certificate Renumber subsection (4) where secondly occurring as subsection (5). [2] Section 100 Constitution of the Board Omit “Catholic Education Commission of New South Wales” from section 100
(3) (f) .
Insert instead “Council of Catholic School Parents”.Saving The amendment made to section 100 (3) (9) of the Education Act 1990 does not affect the appointment of the person who held office as a member of the Board of Studies under that paragraph immediately before the commencement of the amendment.
Explanatory note Section 100 of the Education Act 1990 provides for the Board of Studies to consist of the President of the Board, 3 ex-officio members and 19 appointed members, including one parent of a child attending a non-government school, being a nominee of the Catholic Education Commission of New South Wales and the New South Wales Parents’ Council. Item [2] of the proposed amendments provides for the Council of Catholic School Parents to have a role in the nomination process, rather than the Catholic Education Commission. Item [1] renumbers a subsection.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Environmental Planning and Assessment Act 1979 No 203
Section 4 Definitions
Omit the definition of certifying authority from section 4 (1).
Insert instead:
certifying authority means a person who:
(a)
is authorised by or under section 85A to issue complying development certificates, or
(b)
is authorised by or under section 109D to issue Part 4A certificates.
Section 4 (2) (b) (i)
Omit “structural”.
Section 80 Determination
Omit section 80 (12). Insert instead:
(12) Effect of issuing construction certificate
If a consent authority or an accredited certifier issues a construction certificate, the construction certificate and any approved plans and specifications issued with respect to that construction certificate are taken to form part of the relevant development consent (other than for the purposes of section 96).
Section 81 Post-determination notification
Omit section 81 (1) (b). Insert instead:
(b)
in the case of a development application for consent to carry out designated development, each person who made a submission under section 79 (5), and
Section 81 (3)
Insert after section 81 (2):
(3) In the case of a development application for consent to carry out
designated development, the consent authority must also notify each person who made a submission under section 79 (5) by way of objection of the person’s rights to appeal against the determination and of the applicant’s rights to appeal against the determination.
Section 81A Effects of development consents and commencement of development
Omit section 81A (2) (a). Insert instead:
(a)
a construction certificate for the building work has been issued by:
(i) the consent authority, or (ii) an accredited certifier, and
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 Section 81A (4) (a)
Omit the paragraph. Insert instead:
(a)
a construction certificate for the subdivision work has been issued by:
(i) the consent authority, or (ii) an accredited certifier, and
Section 81A (5)
Omit “endorsement of plans and specifications” wherever occurring. Insert instead “issue of certificates”.
Section 84A Carrying out of complying development
Omit section 84A (4).
Section 84B Carrying out of complying development being subdivision of land
Omit the section.
Section 85 What is a “complying development certificate”?
Insert “and with other requirements prescribed by the regulations concerning the issue of a complying development certificate” after “development” where last occurring in section 85 (1) (a).
Section 85 (6)
Insert after section 85 (5):( 6 ) For the purposes of this section, development standard includes a provision of a development control plan that would be a development standard, within the meaning of section 4, if the provision were in an environmental planning instrument.
Section 85A Process for obtaining complying development certificate
Omit section 85A (6) (a). Insert instead:
(a) by issuing a complying development certificate,
an environmental planning instrument or a development unconditionally or (to the extent required by the regulations, control plan) subject to conditions, or Section 85A (7)
Insert “and complies with other requirements prescribed by the regulations relating to the issue of a complying development certificate” after “i t” .
Section 85A (12)
Insert after section 85A (11):(12) For the purposes of subsection (7), development standard includes a provision of a development control plan that would be a development standard, within the meaning of section 4, if the provision were in an environmental planning instrument.
Statute Law (Miscellaneous Provisions) Act 1998 N o 54
| Schedule 1 | Minor amendments |
Section 91 What is “integrated development”?
Insert after section 91 (2):
(3)
Development is not integrated development in respect of the consent required under section 138 of the Roads Act 1993 if, in order for the development to be carried out, it requires the development consent of a council and the approval of the same council.
Section 93A Effect of approval if the approval body is also a
concurrence authority
Insert “the general terms of its” after “granting of”.Section 93A section.
Section 96 Modification of consents
Insert at the end of section 96 (1):Subsections (2), (3), ( 6 ) and (7) do not apply to such a modification.
Section 105 Regulations—Part 4
Insert “or the application for a complying development certificate” after“development application” in section 105 (2).
Section 109C Part 4A certificates
Insert after section 109C (2), before the notes to that section:
(3) If the regulations so provide, a construction certificate may be issued
subject to conditions.(4) In this section:
new building includes an altered portion of, or an extension to, an
existing building.
Section 109D Certifying authorities
Omit “(known collectively as certifying authorities)” from section 109D (1).
Section 109D (4)
Insert after section 109D (3):
(4) In this section: new building includes an altered portion of, or an extension to, an
existing building.
Section 109F Restriction on issue of construction certificates
Insert at the end of the section:
(2)
A certifying authority must not refuse to issue a construction certificate on the ground that any component, process or design relating to the development is unsatisfactory if the component, process or design is accredited in accordance with the regulations.
(3)
A certifying authority and (but only in the case of a certifying authority that is a consent authority) an employee of a certifying authority do not incur any liability as a consequence of acting in accordance with subsection (2).
Statute Law (Miscellaneous Provisions) Act 1998 No 54
Minor amendments Schedule 1 [25] Section 109K Appeals against failure or refusal to issue Part 4A certificates
Insert “or to issue a construction certificate subject to conditions’’ after “such a certificate” in section 109K (1).
[26] Section 109K (3) (a)
Omit the paragraph. Insert instead:
(a) in the case of an application for a construction certificate:
(i) if the application is made on or before the date on which its associated development application is determined, within the relevant period referred to in section 82 (1) in relation to the development the subject of the development application, or (ii) if the application is made after the date on which its associated development application is determined, within 28 days after the application for the construction certificate was made, or
[27] Section 109K (4)–(6)
Insert after section 109K (3):
(4) Nothing in subsection (3) prevents a consent authority or council from determining an application for a construction certificate, occupation certificate or subdivision certificate after the expiration of the relevant period prescribed by that subsection. (5) A determination pursuant to subsection (4) does not, subject to subsection ( 6 ) , prejudice or affect the continuance or determination of an appeal made under this section in respect of a determination that is taken by subsection (3) to have been made.
( 6 ) If a determination pursuant to subsection (4) is made by granting the certificate concerned, the consent authority or council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under this section in respect of a determination that is taken by subsection (3) to have been made) withdrawn at any time prior to the determination of that appeal.
[28] Section 109T Accreditation of accredited certifiers
Insert after section 109T (4):
(5 ) The regulations may make provision for or with respect to any or all of
the following:
(a)
the keeping by the Director-General of a register of accredited certifiers,
(b)
the issue of certificates by the Director-General containing details of the accreditation of a person and the evidentiary value of such certificates.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Section 109ZP Regulations under this Division
Insert after section 109ZP (e):
, and
(f)
the obligations on a person who is the insurer under such a policy, and
(g)
the issue of such a policy in respect of liability incurred by a person who was formerly an accredited certifier.
Section 115M Building, demolition and incidental work
Insert “(other than exempt development)’’ after “development” in the definition of
Crown building work in section 115M (1).
Section 118E Notification of use of force or urgent entry
Insert “ , if the person was authorised by the Minister under section 118C (3) or
118D ( l) ,” after “council or” in section 118E (1).
Section 121B What orders may be given by a consent authority?
Insert “or is erected without prior development consent of a consent authority and a prior construction certificate in a case where both prior development consent and a prior construction certificate are required” after “required” in paragraph (a) of the matter relating to order No 2 in Column 2 of the Table to the section.
Section 121 Q Compliance with order under sec 121 P
Omit section 121Q (2).Section 121R Consent authority’s response to submission of particulars of work by owner
Insert after section 121R (5):
(6) Except for the purposes of section 121ZK (3), an order under this
section forms part of the order under section 121B to which it relates.
Section 121 ZG Revocation of orders
Omit section 121ZG (2). Insert instead:
(2) An order given by a council may be revoked by the council at any time.
Section 121 ZP Certificate as to orders Omit section 121ZP (2). Insert instead:
(2)
The application must be in the form determined by the council and must be accompanied by the fee determined by the council under the Local Government Act 1993.
Section 127A Penalty notices for certain offences
Omit “a consent authority” wherever occurring in paragraph (a) of the definition of
authorised person in section 127A (9).Insert instead “a council”.
Section 149A Building certificates
Omit section 149A (4). but not the note that follows that section.Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 [39] Section 149E
Omit the section. Insert instead: 149E Effect of building certificate
(1) A building certificate operates to prevent the council:
(a)
from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
(b)
from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters existing or occurring before the date of issue of the
certificate.
(2) A building certificate operates to prevent the council. for a period of 7 years
from the date of issue of the certificate:
(a)
from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered. added to or rebuilt, and
(b)
from taking proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
in relation to matters arising only from the deterioration of the building as a
result solely of fair wear and tear.
(3) However, a building certificate does not operate to prevent a council:
(a) from making order No 6 in the Table to section 121B. or (b)
from taking proceedings against any person under section 125 with respect to that person's failure:
(i)
to obtain a development consent with respect to the erection or use of the building, or
(ii)
to comply with the conditions of a development consent.
(4) An order or proceeding that is made or taken in contravention of this section
is of no effect.
[40] Section 157 Regulations
Insert after section 157 (1) (c):, or
(d) obligations on persons regarding fire safety.
Commencement
Each amendment to the Environmental Planning and Assessment Act 1979 commences, or
is taken to have commenced, on the date of commencement of the provision of Schedule 1
to the Environmental Planning and Assessment Amendment Act 1997 that inserts the
provision being amended, except item [40] of the amendments, which commences on the
date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Explanatory note
The Environmental Planning and Assessment Amendment Act 1997 amends the Environmental Planning and Assessment Act 1979 ("the EP&A Act") in relation to environmental planning control, and in so doing repeals and replaces Part 4 (Development assessment) and inserts a new Part 4A (Certification of development). The proposed amendments make minor changes to facilitate the implementation of the integrated development scheme established by the amending Act.
Item [ l ] of the proposed amendments includes in the definition of certifying authority a reference to a person who issues a complying development certificate under section 85A of the EP&A Act. Item [22] makes a consequential amendment.
Item [2] ensures that both structural work and non-structural alterations are included in a
reference in the EP&A Act to the erection of a building.
Item [3] provides that a construction certificate and related plans and specifications are taken
to form part of the relevant development consent.
Items [4] and [5] redraft a requirement to notify objectors to a development application of
their right to appeal against a determination of the application so as to also require
notification of an objector's right to appeal.
Items [6] and [7] make it clear that the erection of a building, or subdivision work, in
accordance with a development consent, may not commence until a construction certificate
has been issued.
Item [8] provides for the regulations to make provision for the issue of certificates. The
amendment is consequential on the amendment made by item [ 3 ]Item [9] omits a provision that duplicates matter referred to in the definition of development
consent in section 4 of the EP&A Act.
Item [10] omits a provision that is inconsistent with section 109J (1) (b) of the EP&A Act, which prohibits the issue of a subdivision certificate unless a complying development certificate has been issued.
Items [ l l ] and [12] provide that a complying development certificate is a certificate that states that the proposed development (if carried out as specified in the certificate) complies with all of the requirements of the regulations made under section 8 5 (5) and with a development standard in an environmental planning instrument or a development control plan.
Items [13], [14] and [15] make it clear that a council or accredited certifier has no discretion as to the imposition of conditions on a complying development certificate. A complying development certificate must not be refused if the application complies with applicable development standards (including those in a development control plan) and with prescribed requirements relating to the issue of a complying development certificate.
Item [16] makes it clear that the integrated development procedures are not intended to apply, in relation to development for the purposes of the Roads Act 1993, in situations where the consent authority is the same entity as the relevant approval body.
Items [17] and [18] make it clear that section 93A of the EP&A Act (which deals with the effect of an approval if the approval body is also a concurrence authority) is concerned with the grant of general terms of approval, rather than an approval.
Item [19] makes it clear that minor modifications of consents (as permitted under section 96 (1 ) of the EP&A Act) may be made without satisfying the preconditions set out in section 96 (2), (3) , (6) or (7) for other non-minor modifications.
Item [20] empowers the Governor-in-Council to make regulations providing that an applicant for a complying development certificate who is not entitled to copyright in a document forming part of or accompanying the application is taken to have indemnified all persons using the application and document in accordance with the EP&A Act against claims in respect of breach of copyright.
Item [21] provides for construction certificates to be issued subject to conditions.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
Minor amendments Schedule 1 Items [21] and [23] insert a definition of new building in sections dealing with the certification of development, so as to make them consistent with section 109H of the EP&A Act, which imposes restrictions on the issue of occupation certificates.
Item [24] inserts further matter in section 109F (which deals with restrictions on the issue of construction certificates) so as to make that section consistent with restrictions applying to the issue of development consents (under section 79C) and complying development certificates (under section 85A).
Item [25] provides for a right of appeal where a construction certificate is issued subject to person) from ordering building work to be carried out in relation to anything existing before the issue of the certificate or for 7 years after the issue of the certificate in relation to deterioration resulting solely from fair wear and tear. The amended section also provides that the prohibition created by a building certificate applies only to orders under the EP&A Act
conditions.
Item [26] amends a provision which sets out the time after which a council will be taken to
have made a decision to refuse to issue a construction certificate in circumstances where
the application for that certificate was lodged after the date on which an associated
development application was made.
Item [27] inserts further matters in section 109K (which deals with appeals against failure or
refusal to issue Part 4A certificates) so as to make it consistent with the existing appeals
provisions in section 96 of the EP&A Act.
Item [28] empowers the Governor-in-Council to make regulations regarding the accreditation
of accredited certifiers.
Item [29] empowers the Governor-in-Council to make regulations regarding the insurance of
accredited certifiers and former accredited certifiers.
Item [30] amends section 115M, which provides that certain work cannot be commenced to
be carried out unless the work is certified by or on behalf of the Crown to comply with the
existing technical provisions of the State’s building laws, so as to make it clear that the
section does not apply to development that is exempt development under an environmental
planning instrument by virtue of its minimal environmental impact.
Item [31] makes it clear that a person who has been authorised by the Minister to enter land
without notice, or to use reasonable force for the purpose of gaining entry to any premises,
must advise the Minister of any such entry or use of force.
Item [32] provides for the issue of orders to demolish or remove a building where the
erection of the building commenced without any required construction certificate having
been obtained.
Item [33] omits a redundant exemption (section 121O creates the same exemption).
Item [34] provides that if an order is made under section 121P (under which an order may
specify standards and work that will satisfy those standards) and a further order is made in
relation to the same work under section 121R (which deals with a consent authority’s
response to the submission of particulars of work by the owner), the order under section
121R forms part of the original order under section 121B.
Item [35] empowers a council to revoke any order that it has made under the EP&A Act and
omits a similar redundant provision in relation to the Minister (who has no independent
power to make an order under the EP&A Act).
Item [36] amends section 121ZP, which provides for the issue of certificates as to orders, to
allow councils to approve the form of an application for such a certificate and to determine
the fee to accompany it. (At present the section provides for such matters to be prescribed
by the regulations.)
Item [37] provides for employees of councils to be authorised for the purposes of the section
dealing with the issue of penalty notices. At present, employees may only be authorised
where the council is a consent authority.Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
and the Local Government Act 1993 and not under any other Act. This is consistent with section 168 of the Local Government Act 1993, the provision replaced by proposed section 149E.
Item [40] provides for the Governor-in-Council to make regulations imposing obligations relating to fire safety.
Health Services Act 1997 No 154
Section 108 Constitution of Committee of Review
Omit “subsection (1)” wherever occurring in section 108 (3), (4) and (5).Insert instead “subsection (2)”.
Section 108 (6)
Omit “subsection (4) (b)”. Insert instead “subsection (4)”.
Schedule 3 Affiliated health organisations
Omit “Sacred Heart Hospice.” from Column 2 of the matter relating to St
Vincent’s Hospital Sydney Ltd.Insert in alphabetical order (in Columns 1 and 2):
Sacred Heart Hospice Limited Sacred Heart Hospice.
Schedule 5 Provisions relating to members and procedure of area clause 14.
health boards and health corporation boards
| Schedule 7 Savings and transitional provisions |
| Insert after clause 44: |
| 44A Determination under repealed hospitals Act |
In this clause:
existing determination means the Public Hospitals (Visiting Medical Officers-Sessional Contracts) Determination 1994, made under Division 2 of Part 5C of the Public Hospitals Act 1929 and which, immediately before the repeal of that Act, applied to sessional visiting medical officers by operation of section 29R of that Act.
The existing determination is taken to be a determination made under Division 3 of Part 2 of Chapter 8 and applying. by virtue of section 98, in relation to any service contract between an organisation and a visiting medical officer providing his or her services as an individual.
A reference in that determination:
(a)
to any particular former area health service. incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution. as the case may be. or
(b)
to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations, respectively.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1
(4)
On and from a date appointed by proclamation for the purposes of this subclause, the existing determination is taken to also be a determination made under Division 3 of Part 2 of Chapter 8 and applying, by virtue of section 98, in relation to any service contract between an organisation and a practice company through which a visiting medical officer provides services (in accordance with section 85).
(5) On and from that date, a reference in that determination:
(a)
to any particular former area health service, incorporated hospital or separate institution is to be read as a reference to the successor of the service, hospital or institution, as the case may be, or
(b)
to former area health services, incorporated hospitals or separate institutions generally is to be read as a reference to area health services, statutory health corporations and affiliated health organisations. respectively, or
(c)
to a contract with or payment to a visiting medical officer is to be read as including a reference to a contract with or payment to a visiting medical officer's practice company, or
(d)
to the termination of a sessional contract is to be read as including a reference to the termination of a visiting medical officer's appointment as a visiting medical officer.
(6) Nothing in this clause prevents the making of any future orders under section
87 approving standard conditions.
Explanatory note
Items [1] and [2] of the proposed amendments correct internal cross-references. Hospitals Act 1929, which is proposed to be repealed by the Health Services Act 1997 and provides for the determination to be applied to all visiting medical officers, including those who provide their services through a practice company.
Item [3] includes the Sacred Heart Hospice Limited in the list of affiliated health organisations
in Schedule 3 to the Health Services Act 1997 and provides for the Sacred Heart Hospice to
be a recognised establishment in relation to that organisation.
Item [4] dispenses with the requirement that the Chairperson or Acting Chairperson of an
area health board or health corporation board be present in order to constitute a quorum for
a meeting of the board. Clause 15 of Schedule 5 provides for the election of a presidingmember in the absence of a Chairperson.
1.11 Home Building Act 1989 No 147 [1] Section 102 General requirements for insurance Insert after section 102 (6):
(7) The regulations may make provision for or with respect to requiring the retention, at a place prescribed by the regulations, of copies of contracts of insurance required to be entered into by or under this Part.
[2] Section 115 Education and Research Fund Omit section 115 (4) (b).
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
| [3] | Section 133 Evidence of publication |
“specialist work” in section 133 (1) (a).
[4] Section 133 (1) (b) (i) Insert “or kit home” after “services”.
Section 133 (1) (b) (ii) Insert “or kit homes” after “services”.
Explanatory note
Regulations may create obligation to make contracts of insurance available for regulations that impose an obligation to retain a copy of any contract of insurance required to be entered into under that Part at a prescribed place.
inspection
Part 6 of the Home Building Act 1989 imposes obligations on certain persons doing certain
work, supplying kit homes, or carrying out other activities to ensure that a contract of
insurance is in force in relation to the work, supply or activity.
Section 133 of the Act is an evidentiary provision concerning the publication of certain
statements intended, or apparently intended, to promote services relating to doing
residential building work or specialist work and indicating the name and contact details of a
person who is the supplier of the service or has an interest in the supply of the service.
Section 133 has the effect that the named person is presumed to have caused the statement
to be published.Evidence of a publication relating to the supply of kit homes published statements promoting preparedness to supply a kit home. Statute law revision the concurrence of the Treasurer to the application of certain funds. Such a requirement is no longer a part of the legislative scheme.
| 1.12 | Motor Vehicles Taxation Act 1988 No 11 1 | |
| Schedule 1 Motor vehicle tax on registration or renewal of registration during the calendar year 1996 Insert “or $393, whichever is the lesser” after “clause 2 or 3” in clause 6. | ||
| Any motor vehicle tax calculated, imposed or paid under section 4 of the Motor Vehicles | ||
| Validation Motor Vehicles Taxation Act 1988 made by this Act, that would have been valid if the amendment had been in force when the tax was calculated, imposed or paid on or after that date is validated. | ||
| Explanatory note The Motor Vehicles Taxation Act 1988 provides for the imposition, assessment and collection of tax on the registration of motor vehicles. Schedule 1 to the Act specifies the motor vehicle tax payable on registration or renewal of registration, during the calender year 1996, of motor vehicles of various classes. Registrations and renewals effected in subsequent years attract motor vehicle tax at indexed rates determined in accordance with section 5 of the Act. Statute Law (Miscellaneous Provisions) Act 1998 No 54 | ||
|
At present, clause 6 of Schedule 1makes special provision for a motor vehicle that is a primary producer’s vehicle. The amount of tax payable is 55 per cent of the amount that would otherwise be applicable to the vehicle under clause 2 or 3 of the Schedule. However,
clause 9 of Schedule 1 provides that, in respect of a motor lorry that weighs more than 2,500 kilograms and is not liable to, or is exempt from, charges under the Road Transport (Heavy
Vehicles Registration Charges) Act 1995, the amount of tax is capped at $393.
The proposed amendment makes it clear that motor lorries weighing between 2,500 and
2,790 kilograms that are used in primary production will not be subject to more tax than
would otherwise have been payable in respect of such motor lorries before the amendment
of the Motor Vehicles Taxation Act 1988 by the Road Transport Legislation Amendment Act
1995 (which commenced on the same day as the Road Transport (Heavy VehiclesRegistration Charges) Act 1995).
1.13 Ombudsman Act 1974 No 68
] Section 5 Definitions
Insert in alphabetical order in section 5 (1):Department and Department Head have the same meaning as in the
Public Sector Management Act 1988.
[2] Section 5 ( l ) , definition of “head” Omit the definition. Insert instead:
head means:
in relation to a public authority that is a Department or who
is a public servant or other person employed in or for the purposes of a Department—the Department Head of the Department, and
in relation to a public authority that is a local government
authority, or a member or employee of a local government authority-the mayor (or other presiding officer) of the local government authority, and
in relation to a public authority that is a corporation sole, or
who is a person employed by a corporation sole-the person
constituting the corporation, andin relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body-the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and
person who, in the opinion of the Ombudsman, is the chief or in the absence of any regulation prescribing a person, the in any other case-the person prescribed by the regulations, executive of the public authority.
[3] Section 5 ( l ) , definition of “public authority” Omit paragraph (c). Insert instead:
(c)
any Department or any public servant employed in a Department.
Statute Law (Miscellaneous Provisions) Act 1998 N o 54
| Schedule 1 | Minor amendments |
[4] Section 5 ( l ) , definition of “responsible Minister”
Omit the definition. Insert instead:
responsible Minister means:
(a) in relation to a public authority that is a Department or who is a public servant or other person employed in or for the purposes of a Department-the Minister responsible for that Department, and (b) in relation to a public authority that is a local government authority or a member or employee of a local government authority-the Minister administering the Local Government Act 1993, and (c) in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act-the Minister administering the Act or the relevant part of the Act, and
(d) in relation to any other public authority-the Minister who, in the opinion of the Ombudsman, is the most nearly
concerned with the conduct of the public authority.
[5] Section 5 ( 1 ) , definition of “statutory employee”
Omit the definition.
[6] Sections 6 (6) and 32 (1)
Omit “Public Service Act 1979” wherever occurring. Insert instead “Public Sector Management Act 1988”.
[7] Section 6 Office of Ombudsman
Insert after section 6 (7):
(8) The Ombudsman has and may exercise the functions conferred or imposed on the Ombudsman by or under this or any other Act.
Saving
The amendments to the Ombudsman Act 1974 do not affect any investigation into a complaint made before the commencement of the amendments.
Explanatory note
The Ombudsman Act 1974 provides for the appointment of an Ombudsman and defines the functions of the Ombudsman, which include the power to investigate complaints about the conduct of a public authority. At present it is clear that the Ombudsman has the power to investigate the conduct of individual officers of a Government Department but it is not clear that the Ombudsman can investigate the conduct of the Department itself.
The object of the proposed amendments is to ensure that the Ombudsman has the power to investigate the conduct of a Department, as well as the conduct of any person employed in a Department.
Item [3] of the proposed amendments includes Departments within the definition of public
authority.
Items [ l ] , [2] and [4] make consequential amendments.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 Item [5] omits a redundant definition. has and may exercise any function conferred on the Ombudsman by or under any Act.
Item [6] updates references to a repealed Act.
1.14 Protection of the Environment Operations Act 1997 No 156
] Section 51 Integrated development Omit “Division 6” from section 51 (1). Insert instead “Division 5”. [2] Section 257 Occupier of premises responsible for pollution from premises Omit “holder” wherever occurring in section 257 (1). Insert instead “occupier”. [3] Schedule 4 Amendment of other Acts Renumber clause 7 of Schedule 3 to the Subordinate Legislation Act 1989 (as proposed to be inserted by Schedule 4.16) as clause 8. [4] Schedule 5 Savings, transitional and other provisions Insert after clause 11 (3):
(4)
In this clause, a reference to the repeal of an Act by this Act includes a reference to the repeal of a provision of the Waste Minimisation and Management Act 1995 by this Act.
Commencement
An amendment to a provision of the Protection of the Environment Operations Act 1997 commences on the date of commencement of that provision.
Explanatory note
Saving of existing regulationsThe Protection of the Environment Operations Act 1997 repeals some of the environment protection legislation. Clause 11 of Schedule 5 to the Act saves existing regulations made under an Act repealed by the Act. Such regulations are taken to have been made under the Protection of the Environment Operations Act 1997 to the extent that they could have been made under that Act. Clause 11 inadvertently fails to save the regulations made under the Waste Minimisation and Management Act 1995, which was not repealed by the Protection of the Environment Operations Act 1997 but which was significantly amended.
Item [4] of the proposed amendments provides for the saving of the Waste Minimisation and Management Regulation 1996 made under the Waste Minimisation and Management Act 1995 in the same way as the regulations under the repealed environment protection legislation.
Statute law revision
Item [ l ] of the proposed amendments corrects a cross-reference.
Item [2] of the proposed amendments corrects references to the person responsible for
pollution from premises (which, by virtue of section 257 ( l ) , is presumed to be the occupier
of the premises).Item [3] renumbers a clause.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
| 1.15 | Road Transport (Heavy Vehicles Registration Charges) Act |
| 1995 No 72 | |
| Schedule 2 Savings and transitional provisions Insert after clause 6: |
7 Validation of certain charges
Any registration charge calculated, imposed or paid under section 7 between 1 January 1998 and 16 January 1998 (the date of commencement of the amendment made to this Act by Schedule 1 [ l ] to the Road Transport (Heavy Vehicles Registration Charges) Amendment Act 1997), that would have been valid if the amendment had commenced on 1 January 1998, is validated.
Explanatory note certain amendments to the Road Transport (Heavy Vehicles Registration Charges) Act 1995 and the Motor Vehicles Taxation Act 1988. Those amendments commenced on 16 January
1998.
The object of the amendment made by Schedule 1 [ l ] to the 1997 Act was to ensure that the registration charges payable under that Act with respect to primary producers’ vehicles do not exceed the motor vehicle tax that would be payable for those vehicles under the Motor Vehicles Taxation Act 1988, were that Act to apply to them.
The proposed amendment validates any registration charge calculated, imposed or paid during a 16 day period.
| 1.16 | Security industry Act 1997 No 157 |
| [1] | Section 4 Carrying on “security activities” Insert “employing or” before “providing” in section 4 (g). |
| [2] | Section 10 Master licences Omit section 10 (1) and (2). Insert instead: |
(1) A master licence authorises the licensee to employ or provide persons to
carry on security activities.(2) The authority conferred by a master licence allows only the
employment or provision of persons who are the holders of a licence.
| [3] | Section 10 (3) Insert “employing or” before “providing”. |
| [4] | Section 36 Licence to be worn by licensee |
(1).
Employment of licensed people to perform security activities
Explanatory note example, by performing duties as a paid security guard or crowd controller) is required to hold a licence authorising the person to carry on the activity. This requirement extends to persons who, in the course of conducting a business, provide security personnel to perform those duties. The class of licence that is available under the Act to persons who provide security personnel is a master licence.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Section 135 Notice of application to be given
Insert after section 135 (4):
(5)
Subsections (2)–(4) do not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
Section 136 Owners corporation to display and give certain notices
Insert at the end of the section:
(2)
This section does not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
Section 137 Procedure after time for making submissions has expired
Insert after section 137 (5):
( 6 )
This section does not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
Section 137A
Insert after section 137:
137A Procedure for orders under Part 6
(1)
The Registrar must refer to the Board an application for an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
(2)
If such an application is referred to the Board, the Registrar must complete a notice containing the time and place at which, and the date on which, the Board will determine the application.
(3)
The Registrar must send a copy of that notice to the following persons so that the copy would. in the ordinary course of post, be received by the addressee not less than 7 days before the day specified in the notice of the determination of the application:
(a) the applicant, (b)
the owners corporation for the strata scheme to which the application relates (if the owners corporation is not the applicant),
(c) any person against whom the order is sought.
Section 193 Representation before the Board
Insert “and any person who was entitled to receive a copy of such a notice” after
“application” where secondly occurring in section 193 (1) (b).
Section 193 (1) (c)
Insert “and any person who was entitled to receive a copy of such a notice” after“Registrar”.
Section 193 (1) (d)
Insert after section 193 (1) (c):
(d)
any other person who is, or whose conduct is, the subject of an application or appeal.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 Section 195 Copy of order to be served
Insert after section 195 (2) (d):
, and
(e)
any person against whom an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
Section 195 (4)
Insert after section 195 (3):
(4)
Subsections (2) (c) and (d) and (3) do not apply to an application for an order under Part 6 (Enforcement of orders of Adjudicators and Board and certain notices).
Section 205 Payment of penalties or costs
Insert at the end of section 205 (2) (b):
, or
(c)
the Director-General of the Department of Fair Trading only, if the order so requires.
Insert after section 205 (3): Section 205 (4)
(4)
The making of an order as to costs operates as a judgment under the Local Courts (Civil Claims) Act I970 for the amount of the costs against the person required to pay it in favour of the applicant for the order.
Transitional provisions
The amendments to sections 125 and 135 of the Strata Schemes Management Act 1996 to a penalty or order as to costs imposed or made before the commencement of the amendments.
extend to applications made before the commencement of the amendments.
Explanatory note
Obligation of certain lessees to comply with management statementsSections 57–60 of the Strata Schemes Management Act 1996 provide for the management statement for a community scheme of which a strata scheme is part to prevail over the by-laws for the strata scheme. Section 59 of the Act places an obligation on a lessee of a lot in a strata scheme to comply with such a management statement. Section 59 (2) incorrectly refers to a strata leasehold scheme.
Item [ l ] of the proposed amendments omits the incorrect reference. Item [2] makes a related amendment.
Applications for orders—mediation and notice
Section 125 of the Act prevents the Registrar of the Strata Schemes Board from accepting an application for an order unless the Registrar is satisfied that either mediation has been attempted but was unsuccessful or the matter the subject of the application is not appropriate for mediation.
Statute Law (Miscellaneous Provisions) Act 1998 N o 54
| Schedule 1 | Minor amendments |
Item [3] of the proposed amendments makes it clear that the requirement to attempt mediation relates only to an order under Chapter 5, which gives power to Adjudicators and the Strata Schemes Board to make orders to settle disputes about certain matters relating to the operations and management of a strata scheme. The mediation obligations do not relate to an application for an order under Part 6 of Chapter 5, which deals with the enforcement of those orders.
Item [4) provides that the obligation to notify those affected by a proposed order of the right to make submissions to the Registrar in relation to the proposed order does not apply to applications for orders under Part 6 of Chapter 5. (The procedure for the making of orders, including the right to be represented by the Board, is set out in Part 5 of Chapter 5, as amended by items [8]–[12] of the proposed amendments.)
Items [5], [6], [7], [11] and [12] make consequential amendments to procedures relating to orders.
Representation before the Strata Schemes Board
Section 193 of the Act lists the people who may appear or be represented before the Strata Schemes Board if the Board is dealing with an application. That list includes the applicant and any person who received a copy of a notice of application or notice of appeal.
Item [10] adds to that list any person who is, or whose conduct is, the subject of an
application or appeal.Items [8] and [9] make consequential amendments.
Payment of penalties
Section 205 (2) of the Act provides that the imposition of a pecuniary penalty by an order of the Board operates as a judgment under the Local Courts (Civil Claims) Act 1970 in favour of the applicant or in favour of the applicant and the Director-General of the Department of Fair Trading.
Item [13] enables such a judgment to require a penalty to be paid to the Director-General of
the Department of Fair Trading alone.
Item [14] provides for an order as to costs to also operate as a judgment under the LocalCourts (Civil Claims) Act 1970.
| 1.19 | Subordinate Legislation Act 1989 No 146 |
| [1] | Section 10 Staged repeal of statutory rules |
| Omit “1 September 1998” from section 10 (4). Insert instead “1 September 1999”. | |
| [2] | Section 10 (5)–(7) |
| Insert after section 10 (4): |
(5) Despite subsection (1), the Dangerous Goods Regulation 1978 is repealed on 1 September 1999.
(6)
Despite subsection (1), the Clean Waters Regulations 1972 are repealed on 1 September 1999, unless, before that date, the regulations are taken to have been made under the Protection of the Environment Operations Act 1997, by operation of clause 11 of Schedule 5 to that Act.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1
(7) Despite subsection ( l ) , the following regulations are repealed on
1 September 1999:
(a) all regulations under the Commercial Vessels Act 1979, the Marine Pilotage Licensing Act 1971, the Maritime Services Act 1935 and the Navigation Act 1901 that are in force on the date of assent to the Statute Law (Miscellaneous Provisions) Act 1998, and (b) the Maritime (Short Description of Offences) Regulation 1987.
[3] Section 11 Postponement of repeal in specific cases
Omit “section 10 (3) or (4)” from section 1 1 (6) .
Insert instead “section 10 (3)–(7)”.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 their repeal in specific cases.
The proposed amendments postpone until 1 September 1999 the repeal of regulations due for staged repeal on 1 September 1998 and for which the maximum number of postponements have already been granted.
1.20 Technical and Further Education Commission Act 1990 No 118 [1] Section 8 Delegation of functions Insert “or a public servant employed in the Department of Education and Training” after “TAFE Commission” in section 8 (3).
[2] Section 8 (4) Insert after paragraph (a) of the definition of authorised person:
(a1) a public servant employed in the Department of Education
and Training, or
[3] Section 11 TAFE Commission Board
Insert “ , or a senior public servant employed in the Department of Education and
Training,” after “TAFE Commission” in section 1 1 (2) (b).[4] Section 11 (2) (c)
Omit the paragraph.
[5] Section 11 (2) (f)
Omit “8”. Insert instead “9”.
[6] Section 11 (3)
Insert “, or the senior public servant employed in the Department of Education and
Training,” after “TAFE Commission”.Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 1 | Minor amendments |
Explanatory note
The Technical and Further Education Commission Act 1990 constitutes the Technical and Further Education Commission and provides for its functions and management. Section 8 of the Act provides that the TAFE Commission may delegate any of the functions of the TAFE Commission to any member of the staff of the TAFE Commission or to a person of a class prescribed by the regulations or approved by the Minister. However, specified functions relating to industrial matters, staffing and industrial awards may only be delegated to members of staff of the TAFE Commission.
Items [1] and [2] of the proposed amendments provide that those staffing and other functions of the TAFE Commission may also be delegated to any public servant employed in the Department of Education and Training.
Item [3] of the proposed amendments provides for the TAFE Commission Board to include a senior public servant employed in the Department of Education and Training nominated by the Minister, as an alternative to a senior member of the staff of the TAFE Commission. Item [6] makes a consequential amendment.
Item [4] of the proposed amendments removes the requirement that an ex-officio member from the Department of Education and Training be appointed to the Board. (At present, the section refers to the Director-General of the Department of Further Education, Training and Employment, but that reference is required to be construed as a reference to the General Manager, Executive and Legal Services, of the Department of Education and Training: see the Public Sector Management (Department of Education and Training) Order (No 2) 1997 published in Gazette No 148 of 17 December 1997 at p 10076).
Item [5] provides for a further member of the TAFE Commission to be appointed by the
Minister, in place of the ex-officio position removed by item [4].
Transport Administration Act 1988 No 109
Section 19A Definitions
Insert in alphabetical order in section 19A (1):
access purchaser means a person who has contracted with a rail
operator in respect of the operation or movement of rolling stock.
Section 19B Meaning of “NSW Rail Access Regime”
Omit “persons as rail operators” wherever occurring in section 19B (1) and (4). Insert instead “the prescribed corporation or by persons as rail operators or access purchasers”.
| Omit section 19B (8). Insert instead: |
| Section 19B (8)–(11) |
(8) An access regime established under this section may provide for persons who intend to be access purchasers, and who, in the opinion of the Rail Access Corporation. have the capacity to secure and properly manage the services of a rail operator, to enter into negotiations in respect of third party access to the NSW rail network.
(9) Such a person may be provided with access under an access regime even if the person is not an access purchaser, on the condition that the person becomes an access purchaser prior to the operation or movement of rolling stock pursuant to such access.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Minor amendments Schedule 1 (10) Nothing in this section affects the operation of the Rail Safety Act 1993.
(1 1) In this section:
Competition Principles Agreement has the same meaning as in the
Independent Pricing and Regulatory Tribunal Act 1992.
prescribed corporation means the corporation prescribed by the
regulations, being a corporation established in pursuance of an
agreement between the Commonwealth and the States for the purpose
of providing interstate access to Australian rail networks.
[4] Section 19E Functions of RAC Omit section 19E (2) (b). Insert instead:
(b)
to provide the prescribed corporation, or persons as rail operators or access purchasers, with access to the NSW rail network.
Explanatory note
Section 19B of the Transport Administration Act 1988 provides for the establishment of a NSW Rail Access Regime in relation to third party access to the NSW rail network, including the use of rail infrastructure facilities. At present, the section provides that the Access Regime may only provide for access by persons as rail operators (that is, as persons responsible for the operation or moving, by any means, of any rolling stock on a railway track).
The proposed amendments will have the effect that the Access Regime may apply to rail operators, to persons who contract with such rail operators for the purpose of exercising rights of third party access to the NSW rail network and to a corporation prescribed by the regulations.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 2 | Amendments by way of statute law revision |
| Schedule 2 | Amendments by way of statute law revision |
(Section 3)
| 2.1 | Bail Act 1978 No 161 |
| Schedule 1 Savings and transitional provisions Renumber Part 4 (as inserted by the Courts Legislation Further Amendment Act 1997) as Part 5 and renumber clause 7 of that Part as clause 8. | |
| Explanatory note | |
| The proposed amendment renumbers a clause and Part in a Schedule. | |
| 2.2 | Banana Industry Act 1987 No 66 |
| Section 9 Power of Committee to issue directions Omit “person” where secondly occurring in section 9 (1) (a). Insert instead “persons”. | |
| Explanatory note | |
| The proposed amendment corrects a typographical error. | |
| 2.3 | Building and Construction Industry Long Service Payments |
| Amendment Act 1998 No 33 | |
| Schedule 1 Amendments Omit “clause 16 (1)” from Schedule 1 [55]. Insert instead “clause 16 (2)”. | |
| Explanatory note | |
| The proposed amendment corrects a cross-reference. | |
| 2.4 | Co-operative Housing and Starr-Bowkett Societies Act 1998 |
| No 11 | |
| Schedule 6 Amendment of Acts Omit Schedule 6.9 and 6.19. | |
| Explanatory note | |
| The proposed amendment omits uncommenced amendments to repealed Acts. | |
| 2.5 | Correctional Centres Act 1952 No 9 |
| [1] | Section 5 Correctional complexes and correctional centres Insert “the” before “purposes” in section 5 (4). |
| [2] | Section 44 Attendance of inmates before courts and court officers Omit “a prisoner” from section 44 (1). Insert instead “an inmate”. |
Statute Law (Miscellaneous Provisions) Act 1998 N o 5 4
Amendments by way of statute law revision Schedule 2 [3] Section 44 (l) , (2) and (4) Omit “the prisoner” wherever occurring. Insert instead “the inmate”.
[4] Section 44 (1) and (2) Omit “superintendent” wherever occurring. Insert instead “governor”.
Section 44 (1), (3) and (4) [5]
Omit “prison” wherever occurring. Insert instead “correctional centre”.
[6] Section 44 (3)
Omit “A prisoner”. Insert instead “An inmate”.[7] Section 45 Sentences to be served in lock-up Insert “a” before “correctional centre” in section 45 (1) (b).
[8] Schedule 8 Savings and transitional provisions Omit clause 6 .
[9] Schedule 8, clause 30 (2) Omit “is any”. Insert instead “in any”.
Explanatory note
Items [ l ] and [7] of the proposed amendments insert omitted words.
Items [2]–[6] of the proposed amendments update the terminology used in a provision.
item [8] of the proposed amendments omits an expired savings provision.
item [9] of the proposed amendments corrects a typographical error.2.6 Crimes Act 1900 No 40 [1] Heading before section 1
Omit “and division into Parts”.
[2] Sections 4 (1) (definition of “Dangerous weapon”), 357 (1) (c), (4) (b) (i) Omit “Firearms Act 1989” wherever occurring. Insert instead ‘‘Firearms Act 1996”.
[3] Heading before section 56
Omit “clergymen”. Insert instead “members of the clergy”.
[4] Section 93F Definition
Omit the definition of firearm from section 93F. Insert instead:
firearm has the same meaning as in the Firearms Act 1996.
[5] Section 93IB Contaminating goods with intent to cause public alarm or Omit “though” from section 93IB (b). Insert instead “through”.
[6] Section 316 Concealing serious offence
Omit section 316 (5). Insert instead:
(5) The regulations may prescribe a profession, calling or vocation as referred to in subsection (4).
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 2 | Amendments by way of statute law revision |
Section 356V Custody records to be maintained
Insert “to” after “referred” in section 356V (4).
Section 356X Regulations
Omit section 356X (1).
Section 356X (2)
Omit “In particular, the”. Insert instead “The”.
Section 405E Use of closed-circuit television or similar technology
Omit “The Governor may make regulations” from section 405E (2).
Insert instead “The regulations may make provision”.
Third ScheduleOmit “he” from Form No 4. Insert instead “he/she”.
Explanatory note
Item [ l ] of the proposed amendments omits redundant words from a heading.
Items [2] and [4] update references to a repealed Act.
Item [3] amends the language used in a heading to make it consistent with the provisions to
which it relates.
Item [5) corrects a typographical error.
Items [6] and [9] update the language of regulation-making powers.
Item [7] inserts an omitted word.
Items [8] and [9] omit a duplicated subsection and make a consequential amendment
regarding regulation-making powers. (Section 582 of the Crimes Act 1900 creates a general
regulation-making power in respect of the Act.)
Item [11] omits gender-specific language from a Form, to achieve consistency with otherForms in the Third Schedule.
Criminal Appeal Act 1912 No 16
Section 9 Revesting and restitution of property on conviction
Omit “section 53 of the Victims Compensation Act 1987” wherever occurring in
section 9 (4) and (5).
Insert instead “section 71 of the Victims Compensation Act 1996”.
Section 9 (4) and (5)Omit “section 447B of the Crimes Act 1900” wherever occurring.
Insert instead “section 21 of the Criminal Procedure Act 1986”.
Explanatory note The proposed amendments update references to repealed provisions.
Darling Harbour Authority Amendment and Repeal Act 1998
No 29Schedule 3 Amendments consequent on repeal of Darling Harbour proposed to be inserted by Schedule 3.13 [2]) as Part 6 and renumber clause 73 of that Part as clause 77.
Authority Act 1984
Explanatory note
The proposed amendment renumbers a Part and clause in a Schedule.Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Amendments by way of statute law revision Schedule 2 District Court Act 1973 No 9
Division 1 of Part 6
Renumber section 183C (as inserted by Schedule 1 [13] to the District Court
Amendment Act 1997) as section 183D.
Explanatory note
The proposed amendment renumbers a section.
Duties Act 1997 No 123
Chapter 2 Transactions concerning dutiable property
Omit “United Kingdom Stock Exchange” from the introductory note to Part 4 of
Chapter 2.Insert instead “London Stock Exchange”.
Section 56 Transfers back from a nominee
Omit “the trustee” from section 56 (2) (b). Insert instead “the original transferor”.
Section 65 Exemptions from duty
Omit section 65 ( 1 ) (e). Insert instead:
(e) a dutiable transaction comprising:
( i ) a transfer by way of discharge of mortgage, or (ii)
a transfer by way of mortgage (not being a transfer by way of mortgage of land, or an estate or interest in land, under the Real Property Act 1900). if duty as on a mortgage has been paid in respect of an instrument evidencing the mortgage or the instrument is exempt from, or is not liable to, duty,
Section 108 Land holdings of private corporations
Omit “non-completion” from the note to the section. Insert instead “completion”.
Section 119 Exempt acquisitions
Renumber section 119 (1) (b) (iv) as section 119 ( l ) (b1).
Section 119 (1) (g) (i)
Omit “paragraph (d) or (e)”. Insert instead “paragraph (e) or (f)”. Section 142 Acquisition of shares by allotment
Omit “or units” from section 142 (2).
Section 145 Imposition of duty
Omit “149 (b), (c) or (d)” from section 145 (1) (d).Insert instead “149 (1) (b), (c) or (d)”.
Section 166 What is the “cost” of a lease?
Omit “paid” from section 166 (1) (b). Insert instead “payable”.
Section 174 CPI method
Omit “by” from section 174 (6) . Insert instead “under”.Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 2 | Amendments by way of statute law revision |
Section 193 Ascertainment and disclosure of place of use of goods
Omit “subsection (4)” from the matter relating to penalties at the end of the
section.Insert instead “subsection (5)”.
Section 196 Registration of commercial hire businesses
Omit “hirer’s’’ from section 196 (3).
Section 221 Eligible mortgages under first home purchase scheme
Omit “section 74 (3) or (4)” from section 221 (1).Insert instead “section 77 (3) or (4)”.
Section 233 Classes of general insurance
Renumber the second paragraph (a) in section 233 (3) as paragraph (a1).
Section 254 Recovery of duty by registered insurer
Omit “duty” from section 254 (3). Insert instead “amount”.
Schedule 1 Savings, transitional and other provisions
Omit “section 24” from clause 4 (2). Insert instead “section 25”.
Explanatory note
Item [1] of the proposed amendments corrects a reference to a foreign stock exchange to item [15] corrects a reference to an amount payable.
which Division 3 of Part 4 of Chapter 2 of the Act applies.
Item [2] corrects a reference to a party to a transaction.
Item [3] rearranges incorrectly ranged text.
Items [4] and [9] correct typographical errors.
Item [5] renumbers a sub-paragraph as a paragraph.
Items [6], [8], [11], [13] and [16] correct cross-references.
Items [7] and [12] omit redundant words.Item [10] corrects a grammatical error.
Electricity Transmission Authority Act 1994 No 64
Schedule 2 Savings and transitional provisions
Omit “An Pacific Power’’ wherever occurring in clauses 11 ( l ) , 12 (1) and 13. Insert instead “A Pacific Power”.
Schedule 2, clauses 10 (3), 12 (1) and (2) (a) and 13 (a)
Omit “an Pacific Power” wherever occurring. Insert instead “a Pacific Power”.
Explanatory note The proposed amendments correct grammatical errors.
Environmental Planning and Assessment Act 1979 No 203
Section 79 Public participation—designated development
Insert “first” before “published” in section 79 (1) (a).
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Amendments by way of statute law revision Schedule 2 Section 79B Consultation and concurrence
Omit “the regulations” from subsection (10). Insert instead “by subsection (3)”.
Section 79C Evaluation
Omit section 79C (1) (a) (iv). Insert instead:(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph).
Section 80 Determination
Omit “a complying development certificate*’ from the note to the section.
Road Obstructions (Special Provisions) Revival and Amendment Act 1979 No
144**
Road Maintenance (Contribution) Repeal Act 1979 No 145**
Local Government (Accounts) Amendment Act 1982 No 127**
Registered Clubs (Liquor) Amendment Act 1982 No 149***
Miscellaneous Acts (Local Courts) Amendment Act 1982 No 168**
Country Industries (Pay-roll Tax Rebates) Amendment Act 1983 No 110**
Local Government (Powers of Investment) Amendment Act 1983 No 124**
Mining (Amendment) Act 1983 No 182**
Lotteries and Art Unions (Amendment) Act 1984 No 40***
Liquor (Amusement Devices) Amendment Act 1984 No 57**
Strata Titles (Amendment) Act 1984 No 105**
Senators' Elections (Amendment) Act 1984 No 112**
Local Government (Amendment) Act 1984 No 125**
Liquor (Amendment) Act 1984 No 139**
Indecent Articles and Classified Publications (Amendment) Act 1984 No 156**
Hawkers (Amendment) Act 1985 No 11**
Royal Commissions (Amendment) Act 1985 No 73**
Valuation of Land (Amendment) Act 1985 No 145**
Local Government (Building and Rates) Amendment Act 1985 No 168**
Statute Law (Miscellaneous Provisions) Act 1998 N o 5 4
| Schedule 4 | Repeals |
Local Government (Movable Dwellings) Amendment Act 1986 No 21**
Constitution (Amendment) Act 1986 No 57**
National Companies and Securities Commission (State Provisions) Amendment
Act 1986 No 67**
Registered Clubs (Amendment) Act 1986 No 78***
Liquor (Amusement Devices) Amendment Act 1986 No 81***
Building and Construction Industry Long Service Payments (Amendment) Act
1986 No 149**
Local Government (General Revision) Amendment Act 1986 No 159**
Industrial Arbitration (Employment Protection) Amendment Act 1986 No 185**
Water (Amendment) Act 1986 No 196**
Local Government (Registered Clubs) Amendment Act 1987 No 5**
Local Government (Elections) Amendment Act 1987 No 23**
Landlord and Tenant (Amendment) Act 1987 No 27**
Miscellaneous Acts (Legal Profession) Amendment Act 1987 No 111**
Local Government (Grants Commission) Amendment Act 1987 No 169**
Liquor (Further Amendment) Act 1987 No 176***
Registered Clubs (Amendment) Act 1988 No 93***
Liquor (Amusement Devices) Amendment Act 1988 No 94***
Miscellaneous Acts (Theatres and Public Halls) Amendment Act 1989 No 11**
Local Government (Borrowing) Amendment Act 1989 No 20**
Motor Accidents (Amendment) Act 1989 No 47**
Racing Appeals Tribunal (Amendment) Act 1989 No 59**
Residential Tenancies (Amendment) Act 1989 No 73**
Cultural Institutions (Miscellaneous Amendments) Act 1989 No 110**
Universities Legislation (Investment) Amendment Act 1989 No 179**
Strata Titles (Community Land) Amendment Act 1989 No 203**
Liquor (Amendment) Act 1990 No 28***
Registered Clubs (Amendment) Act 1990 No 29***
Oaths (Children) Amendment Act 1990 No 93**
Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990
No 111**
Constitution (Referendum) Act 1991 No l****
Constitution (Legislative Council) Amendment Act 1991 No 20**Statutory Appointments Legislation (Parliamentary Veto) Amendment Act 1992 No
43* * Meat Industry (Game Meat) Amendment Act 1992 No 85**
Legal Profession (Practising Certificates) Amendment Act 1992 No 93**
Electricity Commission (Amendment) Act 1994 No 22**
Mental Health (Amendment) Act 1994 No 25**
Gaming and Betting (Telephone Betting) Amendment Act 1994 No 39**
Industrial Relations (Contracts of Carriage) Amendment Act 1994 No 40**
Building Services Corporation (Amendment) Act 1994 No 54**
Courts Legislation (Mediation and Evaluation) Amendment Act 1994 No 57**
Crimes (Female Genital Mutilation) Amendment Act 1994 No 58**
Public Finance and Audit (Amendment) Act 1994 No 59**
Parliamentary Appropriation Act 1994 No 67****
Motor Vehicles Taxation (Amendment) Act 1994 No 69**
Criminal Procedure (Sentence Indication Hearings) Amendment Act 1994 No 80**Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Repeals Schedule 4 Crimes (Threats and Stalking) Amendment Act 1994 No 83**
Independent Commission Against Corruption (Amendment) Act 1994 No 86**
Local Government (Boarding and Lodging Houses) Amendment Act 1994 No 87**
Constitution (Fixed Term Parliaments) Amendment Act 1993 (1995 No l)**
Constitution (Entrenchment) Amendment Act 1992 (1995 No 2)**
Criminal Legislation Amendment Act 1995 No 23**
State Owned Corporations Amendment Act 1995 No 32**
Casino Control Amendment Act 1995 No 56**
Property Legislation Amendment (Easements) Act 1995 No 71**
Children (Care and Protection) Amendment Act 1995 No 78**
Environmental Planning and Assessment Amendment (Contaminated Land) Act
1996 No 15**
Periodic Detention of Prisoners Amendment Act 1996 No 19**
Environmental Planning and Assessment Amendment Act 1996 No 44**
Environmental Planning and Assessment Amendment (Public Authorities) Act
1996 No 45**
Appropriation Act 1996 No 48****
Appropriation (Parliament) Act 1996 No 49****
Appropriation (Special Offices) Act 1996 No 50****
Appropriation (1995-96 Debt Retirement) Act 1996 No 51****
Banana Industry Amendment Act 1996 No 59**
Nurses Amendment Act 1996 No 61**
Liquor Amendment (Nightclub Licences and Trading Hours) Act 1996 No 84**
Real Property Amendment Act 1996 No 87**
Ethnic Affairs Commission Amendment Act 1996 No 88**
Crimes Amendment (Apprehended Violence Orders) Act 1996 No 93**
Children (Care and Protection) Amendment (Disallowed Regulation) Act 1996 No
110**
Children (Care and Protection) Amendment (Disclosure of Information) Act 1996
No 116**
Criminal Procedure Amendment (Sentences Adjustment) Act 1996 No 117**
Justices Amendment (Committals) Act 1996 No 123**
Pollution Control Amendment Act 1996 No 132**
Anti-Discrimination Amendment Act 1997 No 9**
Unclaimed Money Amendment Act 1997 No 30**
Retail Leases Amendment Act 1997 No 52**Drug Trafficking (Civil Proceedings) Amendment Act 1997 No 68**
Notes
*
indicates repeal of an amending Act enacted at least 20 years ago (the provisions of which have not all been included in a reprint) but which contains no provision of substantive effect that needs to be retained
**
indicates repeal of an amending Act the provisions of which have been included in a reprint and which contains no provision of substantive effect that needs to be retained, or which amends a repealed Act
***
indicates repeal of an Act whose savings. transitional or other provisions of on-going effect are transferred to or re-enacted in, the Principal Act (by Schedule 3 to this Act)
**** indicates repeal of an Act that is no longer of practical utility Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 4 | Repeals |
Explanatory note
The repeals are explained in detail in the explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions. The Acts that were amended by the Acts being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel's Office and are available electronically.
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 1998 No 5 4
General savings, transitional and other provisions Schedule 5 Schedule 5 General savings, transitional and
other provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision. (2) In this clause: amending provision means a provision of an Act, or of any other instrument, being a provision that has commenced and that makes a direct amendment to an Act or instrument 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 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 of amendment or repeal on acts done or decisions made
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act or of any other instrument, or (b) repeals and re-enacts (with or without modification) a provision of an Act or of any other instrument, 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.
Statute Law (Miscellaneous Provisions) Act 1998 No 54
| Schedule 5 | General savings, transitional and other provisions |
Effect of amendment on regulations
Explanatory note This clause ensures that, unless expressly otherwise provided, any regulation made under an Act amended by the proposed Act, and in force immediately before the commencement of the amendment, will be taken to have been made under the amended Act.
Validation of certain matters
Anything that was done or was not done pursuant to a provision of an environmental planning instrument or deemed environmental planning instrument amended by this Act before the date of assent to this Act, being something that would have been lawfully done or not done only if a reference to Part 2 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision in that provision had been a reference to Part 3 of that Policy, is validated.
Explanatory note
This clause validates action taken or not taken in reliance on a cross-reference being wrong.
5 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act.(2) Any such provision may, if the regulations so provide, take effect from the
date of assent to this Act or a later date.(3)
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Notes
Index of Acts and instruments amended by Schedules 1 2 and 3 Associations Incorporation Act 1984 No 143—Sch 1
Bail Act 1978 No 161—Sch 2
Banana Industry Act 1987 No 66—Sch 2
Broken Hill Trades Hall Site Act of 1898 No 31—Sch 1
Broken Hill Trades Hall Site Extension Act 1915 No 42—Sch 1Building and Construction Industry Long Service Payments Amendment Act 1998
NO 33—Sch 2
Community Land Management Act 1989 No 202—Sch 1
Contaminated Land Management Act 1997 No 140—Sch 1
Conveyancing Act 1919 No 6—Sch 1
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11—Sch 2Correctional Centres Act 1952 No 9—Sch 2
Credit (Finance Brokers) Act 1984 No 96—Sch 1Crimes Act 1900 No 40—Sch 2
Criminal Appeal Act 1912 No 16—Sch 2Darling Harbour Authority Amendment and Repeal Act 1998 No 29—Sch 2
District Court Act 1973 No 9—Sch 2
Duties Act 1997 No 123—Sch 2 Education Act 1990 No 8—Sch 1 Electricity Transmission Authority Act 1994 No 64—Sch 2
Environmental Planning and Assessment Act 1979 No 203—Schs 1 and 2
Environmental Planning and Assessment Amendment Act 1997 No 152—Sch 2
Evidence Act 1995 No 25—Sch 2
Family Provision Act 1982 No 160—Sch 2 Fisheries Management Act 1994 No 38—Sch 2
Fisheries Management Amendment Act 1997 No 153—Sch 2
Health Services Act 1997 No 154—Sch 1
Heritage Act 1977 No 136—Sch 2
Hornsby Shire Local Environmental Plan 1994 (Amendment No 8)—Sch 2
Home Building Act 1989 No 147—Sch 1
Industrial Relations Act 1996 No 17—Sch 2
Land Tax Management Act 1956 No 26—Sch 2
Liquor Act 1982 No 147—Sch 3
Liquor (Amendment) Act 1993 No 28—Sch 2
Local Government Amendment Act 1997 No 61—Sch 2
Lotteries and An Unions Act 1901 No 34—Sch 3
Motor Vehicles Taxation Act 1988 No 111—Sch 1
National Electricity (New South Wales) Act 1997 No 20—Sch 2
National Parks and Wildlife Act 1974 No 80—Sch 2
Ombudsman Act 1974 No 68—Sch 1
Pay-roll Tax Act 1971 No 22—Sch 2
Pittwater Local Environmental Plan 1993—Sch 2
Pollution Control Act 1970 No 95—Sch 2
Protection of the Environment Operations Act 1997 No 156—Sch 1
Statute Law (Miscellaneous Provisions) Act 1998 No 54
Notes
Public Authorities (Financial Arrangements) Act 1987 No 33—Sch 2
Registered Clubs Act 1976 No 31—Sch 3
Rivers and Foreshores Improvement Act 1948 No 20—Sch 2
Road Transport (Heavy Vehicles Registration Charges) Act 1995 No 72—Sch 1
Roads Act 1993 No 33—Sch 2
Ryde Planning Scheme Ordinance—Sch 2
Security Industry Act 1997 No 157—Sch 1
State Sports Centre Trust Act 1984 No 68—Sch 1
Statute Law (Miscellaneous Provisions) Act (No 2) 1997 No 147—Sch 2
Strata Schemes (Freehold Development) Act 1973 No 68—Sch 2
Strata Schemes (Leasehold Development) Act 1986 No 219—Sch 2
Strata Schemes Management Act 1996 No 138—Sch 1
Subordinate Legislation Act 1989 No 146—Sch l
Superannuation Act 1916 No 28—Sch 2
Technical and Further Education Commission Act 1990 No 118—Sch 1
Traffic Act 1909 No 5—Sch 2Transport Administration Act 1988 No 109—Sch 1
Transport Administration Amendment (Railway Services Authority Corporatisation) Act 1998 No 8—Sch 2
Trustee Companies Act 1964 No 6—Sch 2Waste Minimisation and Management Act 1995 No 102—Sch 2
Index of Acts repealed by Schedule 4
Anti-Discrimination Amendment Act 1997 No 9
Appropriation Act 1996 No 48
Appropriation (Parliament) Act 1996 No 49
Appropriation (Special Offices) Act 1996 No 50
Appropriation (1995-96 Debt Retirement) Act 1996 No 51
Banana Industry Amendment Act 1996 No 59
Boy Scouts Association-New South Wales Branch Incorporation (Amendment)
Act 1968 No 45
Building and Construction Industry Long Service Payments (Amendment) Act
1986 No 149
Building Services Corporation (Amendment) Act 1994 No 54
Casino Control Amendment Act 1995 No 56
Children (Care and Protection) Amendment Act 1995 No 78
Children (Care and Protection) Amendment (Disallowed Regulation) Act 1996
No 110
Children (Care and Protection) Amendment (Disclosure of Information) Act 1996
No 116
Companies (Amendment) Act 1966 No 21
Companies (Amendment) Act 1974 No 36
Companies (Amendment) Act 1975 (1976 NO 1)
Companies (Further Amendment) Act 1974 No 45
Constitution (Amendment) Act 1979 No 38
Constitution (Amendment) Act 1986 No 57
Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990
No 111Statute Law (Miscellaneous Provisions) Act 1998 No 5 4
Notes
Constitution (Entrenchment) Amendment Act 1992 (1995 No 2)
Constitution (Fixed Term Parliaments) Amendment Act 1993 (1995 No 1)
Constitution (Legislative Council) Amendment Act 1991 No 20
Constitution (Referendum) Act 1991 No 1
Country Industries (Pay-roll Tax Rebates) Amendment Act 1983 No 110
Courts Legislation (Mediation and Evaluation) Amendment Act 1994 No 57
Crimes Amendment (Apprehended Violence Orders) Act 1996 No 93
Crimes (Female Genital Mutilation) Amendment Act 1994 No 58
Crimes (Threats and Stalking) Amendment Act 1994 No 83
Crimina: Legislation Amendment Act 1995 No 23
Criminal Procedure Amendment (Sentences Adjustment) Act 1996 No 117
Criminal Procedure (Sentence Indication Hearings) Amendment Act 1994 No 80
Cultural Institutions (Miscellaneous Amendments) Act 1989 No 110
Drug Trafficking (Civil Proceedings) Amendment Act 1997 No 68
Electricity Commission (Amendment) Act 1994 No 22
Environmental Planning and Assessment Amendment Act 1996 No 44
Environmental Planning and Assessment Amendment (Contaminated Land) Act
1996 No 15
Environmental Planning and Assessment Amendment (Public Authorities) Act
1996 No 45
Ethnic Affairs Commission Amendment Act 1996 No 88
Gaming and Betting (Telephone Betting) Amendment Act 1994 No 39
Hawkers (Amendment) Act 1985 No 11
Indecent Articles and Classified Publications (Amendment) Act 1984 No 156
Independent Commission Against Corruption (Amendment) Act 1994 No 86
Industrial Arbitration (Employment Protection) Amendment Act 1986 No 185
Industrial Relations (Contracts of Carriage) Amendment Act 1994 No 40
Justices (Amendment) Act 1947 No 3
Justices Amendment (Committals) Act 1996 No 123
Landlord and Tenant (Amendment) Act 1987 No 27
Legal Profession (Practising Certificates) Amendment Act 1992 No 93
Liquor (Amendment) Act 1984 No 139
Liquor (Amendment) Act 1990 No 28
Liquor Amendment (Nightclub Licences and Trading Hours) Act 1996 No 84
Liquor (Amusement Devices) Amendment Act 1984 No 57
Liquor (Amusement Devices) Amendment Act 1986 No 81
Liquor (Amusement Devices) Amendment Act 1988 No 94
Liquor (Further Amendment) Act 1987 No 176
Liquor (Referendum) Act 1969 No 47
Local Government (Accounts) Amendment Act 1982 No 127
Local Government (Amendment) Act 1945 No 19
Local Government (Amendment) Act 1953 No 16
Local Government (Amendment) Act 1984 No 125
Local Government (Boarding and Lodging Houses) Amendment Act 1994 No 87
Local Government (Borrowing) Amendment Act 1989 No 20
Local Government (Building and Rates) Amendment Act 1985 No 168
Local Government (Elections) Amendment Act 1987 No 23
Local Government (General Revision) Amendment Act 1986 No 159
Local Government (Grants Commission) Amendment Act 1987 No 169Statute Law (Miscellaneous Provisions) Act 1 9 9 8 No 54
Notes
Local Government (Movable Dwellings) Amendment Act 1986 No 21
Local Government (Powers of Investment) Amendment Act 1983 No 124
Local Government (Registered Clubs) Amendment Act 1987 No 5
Lotteries and Art Unions (Amendment) Act 1984 No 40
Married Persons (Property and Torts) Amendment Act 1978 No 53
Meat Industry (Game Meat) Amendment Act 1992 No 85
Mental Health (Amendment) Act 1994 No 25
Mining (Amendment) Act 1974 No 79
Mining (Amendment) Act 1983 No 182
Miscellaneous Acts (Legal Profession) Amendment Act 1987 No 111
Miscellaneous Acts (Local Courts) Amendment Act 1982 No 168
Miscellaneous Acts (Theatres and Public Halls) Amendment Act 1989 No 11
Motor Accidents (Amendment) Act 1989 No 47
Motor Vehicles Taxation (Amendment) Act 1994 No 69
National Companies and Securities Commission (State Provisions) Amendment
Act 1986 No 67
Nurses Amendment Act 1996 No 61
Oaths (Children) Amendment Act 1990 No 93
Parliamentary Appropriation Act 1994 No 67
Periodic Detention of Prisoners Amendment Act 1996 No 19
Pollution Control Amendment Act 1996 No 132
Property Legislation Amendment (Easements) Act 1995 No 71
Public Finance and Audit (Amendment) Act 1994 No 59
Public Loans (Amendment) Act 1927 No 11
Racing Appeals Tribunal (Amendment) Act 1989 No 59
Real Property Amendment Act 1996 No 87
Registered Clubs (Amendment) Act 1986 No 78
Registered Clubs (Amendment) Act 1988 No 93
Registered Clubs (Amendment) Act 1990 No 29
Registered Clubs (Liquor) Amendment Act 1982 No 149
Residential Tenancies (Amendment) Act 1989 No 73
Retail Leases Amendment Act 1997 No 52
Road Maintenance (Contribution) Repeal Act 1979 No 145
Road Obstructions (Special Provisions) Revival and Amendment Act 1979 No 144
Royal Commissions (Amendment) Act 1985 No 73
Securities Industry (Amendment) Act 1978 No 40
Securities Industry (Corporate Affairs Commission) Amendment Act 1979 No 108
Senators’ Elections (Amendment) Act 1984 No 112
State Owned Corporations Amendment Act 1995 No 32
Statutory Appointments Legislation (Parliamentary Veto) Amendment Act 1992
No 43
Strata Titles (Amendment) Act 1984 No 105
Strata Titles (Community Land) Amendment Act 1989 No 203
Sydney Mechanics School of Arts (Amendment) Act 1940 No 36
Sydney Opera House (Amendment) Act 1975 No 89
The Standard Insurance Company Limited and Certain Other Insurance Companies
(Amendment) Act 1977 No 67
Theatres and Public Halls (Amendment) Act 1977 No 42
Unclaimed Money Amendment Act 1997 No 30Statute Law (Miscellaneous Provisions) Act 1998 No 54
Notes
Universities Legislation (Investment) Amendment Act 1989 No 179 University and University Colleges (Amendment) Act 1902 No 92 Valuation of Land (Amendment) Act 1985 No 145
Water (Amendment) Act 1986 No 196
[Minister’s second reading speech made in—
Legislative Assembly on 17 June 1998
Legislative Council on 29 June 1998]
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