Statute Law (Miscellaneous Provisions) Act 1999 (NSW)
An Act to repeal certain Acts and to amend certain other Acts in various respects, including for the purpose of effecting statute law revision; and to make certain savings.
This Act is the Statute Law (Miscellaneous Provisions) Act 1999.
This Act commences on the date of assent, except as provided by subsection (2).
The amendments made by Schedules 1, 2 and 3 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
Each Act specified in Schedules 1–6 is amended as set out in those Schedules.
Each Act, or provision of an Act, specified in Schedule 7 is repealed.
Schedule 8 has effect.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
(Section 3)
Anti-Discrimination Act 1977 No 48Omit “one full-time member and 4 part-time members”.
Insert instead “5 members (including a President)”.
Omit “full-time member” from section 73 (a). Insert instead “President”.
Omit “a part-time member”. Insert instead “any other member”.
Insert “full-time” before “President” in section 75 (b).
Omit “part-time member”.
Insert instead “member (other than the President)”.
Omit “part-time member”. Insert instead “member (other than the President)”.
Omit section 80 (1). Insert instead:
The President may be appointed on a full-time or part-time basis.
Omit “The President”.
Insert instead “A President appointed on a full-time basis”.
Insert after section 80 (2):
A President appointed on a part-time basis is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him or her.
A person may hold office, and exercise functions, as President (whether full-time or part-time) even though the person also holds, and exercises the functions of, a judicial office or a statutory or other public office.
Omit “part-time member” from section 82 (1).
Insert instead “member other than the President”.
Omit “a full-time member” wherever occurring in section 84 (2), (3) and (4).
Insert instead “the President”.
Omit “the full-time member” wherever occurring.
Insert instead “the President”.
Omit “A full-time member”. Insert instead “A President”.
Omit “A full-time member”. Insert instead “The President”.
The Anti-Discrimination Act 1977 constitutes the Anti-Discrimination Board which has four part-time members and a President, who is required to devote the whole of his or her time to the duties of his or her office.
Item [6] of the proposed amendments removes the obligation on the President to devote the whole of his or her time to the duties of office and provides for either full-time or part-time appointment.
Item [8] of the proposed amendments removes any prohibition on a person holding the office of President at the same time that the person holds judicial or statutory office.
The remainder of the amendments make consequential amendments.
Associations Incorporation Act 1984 No 143Insert after section 73 (1) (b1):
the waiver of fees in whole or in part, or
The proposed amendment provides for the Governor to make regulations under the Associations Incorporation Act 1984 for or with respect to the waiver of fees payable under the Act.
City of Sydney Act 1988 No 48Omit “subsections (1A) and (3)” from the definition of
Insert instead “subsections (1A), (3) and (4)”.
Omit “general manager of the City of Sydney”.
Insert instead “Electoral Commissioner”.
Omit “general manager” where secondly occurring.
Insert instead “Electoral Commissioner”.
The provisions of the City of Sydney Act 1988 that deal with the conduct of elections for the City of Sydney were amended by the Local Government Legislation Amendment (Elections) Act 1998. One of those amendments (inserted in the committee stage of Parliament’s consideration of the Bill) provided for the Electoral Commissioner, rather than the general manager of the City of Sydney, to be responsible for the preparation of electoral rolls. However, section 14 (3) of the Act continues to provide for the general manager to choose between competing claimants for enrolment.
Items [2] and [3] of the proposed amendments provide for the Electoral Commissioner to exercise all functions relating to enrolment.
Item [1] of the proposed amendments corrects a cross-reference.
Coal Mines Regulation Act 1982 No 67Insert after section 79 (2):
For the purposes of conducting any examination or inspection under section 91, a district check inspector has the powers of a check inspector under section 73.
Insert “district” before “check inspector” wherever occurring.
Item [1] of the proposed amendments makes clear the powers of a district check inspector to conduct examinations and inspections when visiting a mine at which an accident or dangerous occurrence has taken place.
Item [2] of the proposed amendments makes consequential amendments.
Community Land Development Act 1989 No 201Omit “Crown, and” from paragraph (b) of the definition of
Insert instead “Crown.”.
Omit paragraph (c) of the definition.
Insert at the end of section 16 (5):
(a) a sublease, and
(b) a leasehold estate or interest acquired by transfer.
Insert after section 17 (1):
A community association or precinct association may:
(a) transfer a lease accepted or acquired by the association under section 16, if such a transfer is not prevented by the terms or conditions of the lease, or
(b) grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.
Insert “, transfer of a lease or sublease” after “lease”.
Omit “Supreme Court” from section 22 (3) (d).
Insert instead “Community Schemes Board”.
Omit “Crown, or” from paragraph (b) of the definition of
Insert instead “Crown.”.
Omit paragraph (c) of the definition.
Insert at the end of section 23 (6):
(a) a sublease, and
(b) a leasehold estate or interest acquired by transfer.
Insert after section 24 (1):
A neighbourhood association may, by unanimous resolution:
(a) transfer a lease of land accepted or acquired by the association under section 23, if such a transfer is not prevented by the terms or conditions of the lease, or
(b) grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.
Insert “, sublease” after “lease”.
Omit “a Community Schemes Board” from section 40 (1).
Insert instead “the Community Schemes Board”.
Omit paragraph (a) of the definition. Insert instead:
if the order is an order of the Community Schemes Board—certified by the registrar appointed under section 109N of the Community Land Management Act 1989, or
Omit clause 4 (b). Insert instead:
the conversion must have been authorised by the Community Schemes Board.
Insert “(except where a leasehold interest is acquired by transfer of lease or sublease)” after “transferred” in clause 1 (a).
Insert “, sublease, or transfer of a lease” after “lease” in clause 1 (a).
Omit the subclause. Insert instead:
the dealing has been authorised by the Community Schemes Board.
Section 16 of the Community Land Development Act 1989 empowers a community association or a precinct association to add to its association property by registering a lease of land to it. Section 23 of the Act makes similar provision for neighbourhood associations.
Items [3] and [9] of the proposed amendments make it clear that an association can add to association property land that is sublet to the association. An association may also add to its association property by accepting a transfer or assignment of a lease.
Items [5] and [15] make consequential amendments.
Section 17 of the Act empowers a community association or a precinct association to lease some of its association property. Section 24 of the Act enables a neighbourhood association to lease neighbourhood property.
Items [4] and [10] of the proposed amendments enable an association to transfer a lease of association property or to sublet land the subject of a lease to the association.
Items [11] and [16] make consequential amendments.
Section 23 of the Community Land Management Act 1989 imposes restrictions on an association during the initial period for its related scheme, including restrictions on the conversion to association property of a neighbourhood lot and the subdivision of a neighbourhood lot within a scheme. Section 23 (4) of that Act provides that those restrictions may be waived, varied or extinguished by order of the Community Schemes Board.
Section 22 of, clause 4 (b) of Schedule 7 and clause 3 (b) of Schedule 10 to, the Community Land Development Act 1989 incorrectly refer to the authorisation of a subdivision, conversion or dealing by the Supreme Court.
Items [6], [14] and [17] of the proposed amendments clarify that the authorisation is by the Community Schemes Board.
Items [1], [2], [7] and [8] of the proposed amendments omit redundant paragraphs of definitions.
Item [12] updates a reference to the Community Schemes Board.
Item [13] updates a reference to the office holder responsible for the certification of orders made by the Community Schemes Board.
Community Land Management Act 1989 No 202Omit section 14 (4). Insert instead:
An amendment has no effect until it is registered.
Lodgment of an amendment cannot be accepted later than 2 months after the passing of the resolution making the amendment.
Omit “agree” from section 64 (2) (b).
Insert instead “agrees”.
Section 13 of the Community Land Management Act 1989 gives legal effect to the following categories of management statements:
(a) a community management statement, which is a statement that is registered with a community plan as a statement of the by-laws and other particulars governing participation in the community scheme,
(b) a neighbourhood management statement, which is a statement that is registered with a neighbourhood plan as a statement of the by-laws and other particulars governing participation in the neighbourhood scheme,
(c) a precinct management statement, which is a statement that is registered with a precinct plan as a statement of the by-laws and other particulars governing participation in the precinct scheme.
Section 14 of the Act provides for the amendment of such management statements by resolution of the association. At present, section 14 (4) provides that an amendment to a management statement has no effect unless it is registered within 2 months of the resolution making the amendment.
Item [1] of the proposed amendments provides that an amendment to a management statement must be lodged for registration within 2 months after the resolution making the amendment, and takes effect on registration.
Item [2] of the proposed amendments corrects a grammatical error.
Constitution Act 1902 No 32Omit “Chairman of Committees” wherever occurring.
Insert instead “Deputy Speaker”.
Section 31A of the Constitution Act 1902 provides for the Chairman of Committees of the Legislative Assembly to act in the place of the Speaker when he or she is absent from New South Wales.
The proposed amendment omits references to the Chairman of Committees and instead provides for the Deputy Speaker of the Legislative Assembly to act in the place of the Speaker.
Consumer Claims Act 1998 No 162Insert after clause 3 (1):
A consumer claims tribunal is abolished:
(a) when the member (who constitutes the tribunal) ceases, in accordance with a notice under clause 4, to hold office, or
(b) on 1 November 1999,
whichever is earlier.
Insert at the end of clause 5:
This clause ceases to have effect on 1 November 1999.
Insert after clause 5:
If proceedings were instituted before the commencement of this Schedule but had not commenced to be heard by a consumer claims tribunal before 1 November 1999, the proceedings are taken to have been duly instituted in the Tribunal (as constituted, or reconstituted, in accordance with section 13 of the Fair Trading Tribunal Act 1998).
If a consumer claims tribunal had commenced to hear (but had not finally determined) a matter before 1 November 1999, the Tribunal (as constituted, or reconstituted, in accordance with section 13 of the Fair Trading Tribunal Act 1998) is to continue to hear and determine the matter.
For the purpose of subclauses (1) and (2):
(a) the Tribunal has and may exercise all the functions that the relevant consumer claims tribunal had immediately before its abolition, and
(b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply.
For the purposes of proceedings heard under subclause (2), the Tribunal may have regard to any record of the proceedings before the relevant consumer claims tribunals, including a record of any evidence taken in the proceedings.
Omit “this clause” from clause 6 (b). Insert instead “clause 5”.
Omit “to be an order made by the Tribunal under the corresponding provision of this Act or the Fair Trading Tribunal Act 1998 and may be enforced accordingly”.
Insert instead “, for the purpose only of its enforcement and not for the purpose of conferring any right of appeal or review, to be an order made by the Tribunal under the corresponding provision of this Act, the Home Building Act 1989 or the Fair Trading Tribunal Act 1998”.
The Consumer Claims Act 1998 abolished consumer claims tribunals and conferred jurisdiction in respect of consumer claims on the Fair Trading Tribunal. Schedule 1 to the Act continues the existence of consumer claims tribunals, but only for the purpose of the exercise by the tribunals of their functions in relation to pending proceedings.
Items [1]–[3] of the proposed amendments provide that, from 1 November 1999, matters instituted in consumer claims tribunals, including part-heard matters, will be dealt with by the Fair Trading Tribunal.
Item [4] corrects a wrong cross-reference.
Item [5] makes it clear that no right of appeal or review is to be conferred in relation to orders made under the Consumer Claims Tribunals Act 1987 before its repeal or orders made under transitional arrangements in relation to proceedings that were pending under that Act immediately before its repeal. Item [5] also recognises that it is appropriate for some orders of consumer claims tribunals having effect immediately before the repeal of the Consumer Claims Tribunals Act 1987 and some orders made in proceedings that were pending on the repeal of that Act to have effect as orders under the Home Building Act 1989.
Contaminated Land Management Act 1997 No 140Insert after section 17 (1) (c):
the most appropriate means for undertaking remediation of the land.
Insert “or, at the discretion of the EPA, a plan recommended by the EPA or submitted by a site auditor accredited under Part 4” after “subsection (1) (b)” in section 23 (2).
Insert “, or prepare the plan required by the order” after “the remediation” wherever occurring in section 24 (3) (a) and (b).
Insert “, or the preparation of the plan of remediation” after “remediation”.
Insert “, or the plan of remediation,” after “remediation”.
Insert “or plan” after “such a report”.
Insert “or the plan of remediation” after “remediation”.
Insert “a reference to” after “includes” in section 36 (6).
Omit all words after “authority” where firstly occurring.
Omit “to be”. Insert instead “of”.
Omit “clause 33”. Insert instead “section 33 or 34”.
Insert after paragraph (b) (iii) of the definition of
the suitability and appropriateness of a plan of remediation, a long-term management plan, a voluntary investigation proposal or a remediation proposal.
Omit “not later than 21 days” from section 53 (1).
Insert instead “not more than 60 days and not less than 30 days”.
Part 3 of the Contaminated Land Management Act 1997 provides for the investigation and remediation of contaminated land.
Section 17 of the Act empowers the EPA to issue investigation orders in relation to land declared to be an investigation area. Such an order requires a person to report on the nature and extent of the contamination of land, the nature and extent of the harm caused by the contamination and the risk that the contamination will cause such harm.
Item [1] of the proposed amendments enables an investigation order to require a person to report on the most appropriate means for remediation of the land.
Section 23 of the Act provides for the EPA to make remediation orders requiring a person to carry out specified remediation and other action or requiring the submission of a plan of remediation to the EPA.
Item [2] provides that a remediation order requiring a person to carry out specified remediation and other action may adopt, with or without modification, a report recommended by the EPA or by a site auditor. Such a report may have been submitted in relation to an earlier remediation order.
Items [3]–[7] include the preparation of a plan for remediation of land in a provision that lists examples of the kinds of action that may be required by a remediation order.
Section 36 of the Act allows a person to recover the costs of investigation or remediation of contaminated land from certain other persons responsible for the contamination.
Item [9] of the proposed amendments makes it clear that the section applies in all respects to any public authority.
Items [8] and [10] correct grammatical errors.
Item [11] provides for a person to recover the administrative costs charged by the EPA from the persons responsible for the contamination.
Part 4 of the Act provides for the audit of investigation or remediation carried out in respect of the actual or possible contamination of land.
Item [12] of the proposed amendments includes within the scope of that Part an audit that is conducted for the purposes of determining the suitability and appropriateness of a plan of remediation, a long-term management plan, a voluntary investigation proposal or a remediation proposal.
Item [13] changes the period within which a site auditor is required to furnish the EPA with an annual return and other notifications regarding site audits commenced or completed by the auditor.
Contracts Review Act 1980 No 16Omit paragraphs (d) and (e) of the definition of
Insert instead:
in accordance with section 89D of the Home Building Act 1989, and without affecting the jurisdictional limitations referred to in that section, the Fair Trading Tribunal.
Insert in alphabetical order:
The proposed amendments update references to Tribunals.
Credit Act 1984 No 94Insert “other than a credit provider” after “person” wherever occurring in section 81 (1) (a) and (b).
Omit “contact” from section 147 (4). Insert instead “contract”.
Omit “another” from section 166A. Insert instead “other”.
Section 81 of the Credit Act 1984 prevents the assignment of certain rights by a credit provider unless the assignment is made bona fide by way of security in respect of a liability incurred by the assignor or is made with the consent of the Director-General of the Department of Fair Trading or the Fair Trading Tribunal.
Item [1] of the proposed amendments makes it clear that a person, being a credit provider, can assign the whole or any part of the person’s rights as a credit provider under a regulated contract to another credit provider without the need for the assignment to be made either by way of security or with the consent of the Director-General.
Items [2] and [3] of the proposed amendments correct typographical errors.
Environmental Planning and Assessment Act 1979 No 203Omit “section 88A” from section 108 (4). Insert instead “section 89”.
Omit “council or the Minister” wherever occurring.
Insert instead “council, the Minister or the Director”.
Omit “the council’s or the Minister’s”.
Insert instead “the council’s, the Minister’s or the Director’s”.
Insert “, the Director” after “Minister” in section 118C (1).
Omit “council or, if the person was authorised by the Minister under section 118C (3) or 118D (1), the Minister” from section 118E (1).
Insert instead “council, Minister or Director (whichever authorised the person to enter the premises under section 118C (3) or 118D (1))”.
Omit “this Act, the Local Government Act 1993 or the Local Government Act 1919” from Item 9 (a) in the Table to section 121B (1).
Insert instead “this Act or the Local Government Act 1993”.
Section 118A of the Environmental Planning and Assessment Act 1979 empowers a council, the Minister and the Director-General of the Department of Urban Affairs and Planning (called the “Director” in the Act) to authorise persons to enter premises for the purpose of enabling the council, the Minister or the Director-General to exercise the council’s, the Minister’s or the Director-General’s powers under the Act. Although the Director-General has the same power to authorise a person to enter premises as a council or the Minister, the other provisions of Division 1A (Entry on to land and other powers) of Part 6 of the Act, which elaborate on the exercise of that power of entry, refer only to a person authorised by a council or the Minister.
Items [2]–[5] of the proposed amendments include references to the Director-General in other provisions, to give effect to the powers of entry that the Director-General may authorise.
Item [1] of the proposed amendments corrects a cross-reference.
Item [6] omits a reference to a repealed Act.
Fair Trading Tribunal Act 1998 No 161Omit “Property, Stock and Business Agents Act 1941” and “Retail Leases Act 1994” from the note to section 6 (2).
Omit section 12 (1) (a) (vi) and (vii).
Omit Schedule 4.9 [2]. Insert instead:
Omit section 42A (4)–(13). Insert instead:
Without limiting the Consumer Claims Act 1998, the person served with the statement of claim in accordance with subsection (1) or the person receiving or obtaining an itemised account as provided in subsection (3) may, in accordance with section 6 of that Act, apply to the Tribunal for the determination of a consumer claim within the meaning of that Act in relation to:
(a) the entitlement of the licensee to the whole or any part of the amount specified in the statement of claim or the itemised account, or
(b) whether the whole or any part of the amount is reasonable,
or both.
Without limiting the Consumer Claims Act 1998, the Tribunal has jurisdiction to hear and determine any such consumer claim despite:
(a) the terms or conditions of any agreement or contract entered into between the licensee and the applicant, and
(b) the amount being more or less than the maximum amount (if any) of remuneration to which a licensee is entitled under this Act.
The regulations may make provision for or with respect to requiring the inclusion, in the manner prescribed by the regulations, in statements of claim or itemised accounts referred to in this section, of a notice, in a form approved by the Director-General, containing advice concerning remedies available under the Consumer Claims Act 1998.
Insert after Schedule 4.9 [3]:
Insert after Part 5:
Proceedings instituted under section 42A but not determined before 1 March 1999 are to be determined in accordance with that section as in force when the proceedings are determined.
Until 31 August 1999, a licensee must append to a statement of claim or itemised account under section 42A a notice in the form last approved under section 42A (4A).
Insert at the end of clause 3:
A former body is abolished:
(a) when the last of its members ceases, in accordance with a notice under clause 4, to hold office, or
(b) on 1 November 1999,
whichever is earlier.
Insert after clause 5 (1):
Subclause (1) ceases to have effect on 1 November 1999.
Insert after clause 5:
If proceedings were instituted before the closure date but had not commenced to be heard by a former body before 1 November 1999, the proceedings are taken to have been duly instituted in the Tribunal (as constituted, or reconstituted, in accordance with section 13 of this Act).
If a former body had commenced to hear (but had not finally determined) a matter before 1 November 1999, the Tribunal (as constituted, or reconstituted, in accordance with section 13 of this Act) is to continue to hear and determine the matter.
For the purposes of subclauses (1) and (2):
(a) the Tribunal has and may exercise all the functions that the former body had immediately before its abolition, and
(b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply.
For the purposes of proceedings heard under subclause (2), the Tribunal may have regard to any record of the proceedings before the relevant former body, including a record of any evidence taken in the proceedings.
The Fair Trading Tribunal Act 1998 abolished the Commercial Tribunal, the Motor Vehicle Repairs Disputes Committee and disputes committees constituted under former section 34 of the Motor Dealers Act 1974. The Act conferred jurisdiction on the Fair Trading Tribunal in respect of most matters formerly dealt with by those bodies. Schedule 5 to the Act continues the existence of those former bodies, but only for the purpose of the exercise by them of their functions in relation to some pending proceedings.
Item [3] clarifies the position under the current law that a person who wishes to challenge the entitlement of a licensee under the Property, Stock and Business Agents Act 1941 to any remuneration by way of commission, fee, gain or reward or any sum as reimbursement for expenses or charges, or who wishes to dispute the reasonableness of any such remuneration or sum, has a general consumer claim under the Consumer Claims Act 1998 and has access to the Fair Trading Tribunal via the provisions of the Consumer Claims Act 1998. Item [3] also restores some of the provisions of section 42A of the Property, Stock and Business Agents Act 1941 that were repealed by the Fair Trading Tribunal Act 1998.
Item [4] makes transitional provisions as a consequence of the amendment made by item [3].
Items [5]–[7] of the proposed amendments provide that, from 1 November 1999, matters commenced in the bodies abolished by the Act, including part-heard matters, will be dealt with by the Fair Trading Tribunal.
Items [1] and [2] of the proposed amendments omit incorrect references to the Property, Stock and Business Agents Act 1941 and the Retail Leases Act 1994 as being Acts that confer jurisdiction, either directly or at all, on the Fair Trading Tribunal. The Property, Stock and Business Agents Act 1941 creates a consumer claim that may be pursued before the Fair Trading Tribunal, but under the provisions of the Consumer Claims Act 1998. The Retail Leases Act 1994 confers jurisdiction on the Administrative Decisions Tribunal.
First State Superannuation Act 1992 No 100Insert at the end of section 9 (2):
However, the salary or wages so nominated cannot be lower than:
(a) the monetary remuneration payable to the member at the time of the nomination, or
(b) the maximum contribution base, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, applicable at that time,
whichever is the lower.
Omit the heading.
Omit “section 30A” from clause 1 (c). Insert instead “section 12”.
Omit “section 30A” from paragraph (b) of the definition of
Insert instead “section 12”.
Part 3B of the Police Regulation (Superannuation) Act 1906 and Part 3B of the Superannuation Act 1916 provide for employees to be offered the opportunity to receive a conversion benefit if they leave the superannuation schemes established under those Acts and become members of the First State Superannuation Fund established under the First State Superannuation Act 1992. Section 9 of the First State Superannuation Act 1992 provides that, on an election taking effect under the relevant provisions, the person making the election is to be a full member of the First State Superannuation Fund. For that purpose, the salary or wages of an employee who is an executive officer is taken to be the salary nominated by the employee in the conversion election.
Item [1] of the proposed amendments provides that the amount nominated as salary cannot be less than the monetary remuneration payable to the member at the time of the nomination or the maximum contribution base under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, whichever is the lower.
Item [2] of the proposed amendments omits unnecessary headings.
Items [3] and [4] correct a cross-reference.
Food Production (Safety) Act 1998 No 128Omit “12 members” from section 47 (2) of the Meat Industry Act 1978 (as proposed to be inserted by Schedule 3 [16]).
Insert instead “13 members”.
Insert after section 47 (2) (i) of the Meat Industry Act 1978 (as proposed to be inserted by Schedule 3 [16]):
, and
one, who is a member of a trade union, is to be a representative of consumers of abattoir meat and processed meat.
The Food Production (Safety) Act 1998 amends the Meat Industry Act 1978 by establishing a Meat Industry Consultative Council, the functions of which include the provision of advice to the Minister on certain matters relating to the meat industry.
The proposed amendments provide for the appointment of a consumer representative to the Council.
Grain Marketing Act 1991 No 15Insert after section 4:
The Director-General may delegate to any person any of the Director-General’s functions under this Act, other than:
(a) any function of the Minister delegated to the Director-General under section 4, or
(b) this power of delegation.
Omit section 12 (1) (b). Insert instead:
1 member nominated by the Director-General and appointed by the Minister.
The Grain Marketing Act 1991 provides for the marketing of coarse grains and oilseeds.
Item [1] of the proposed amendments empowers the Director-General of the Department of Agriculture to delegate any of his or her functions under the Act.
Item [2] of the proposed amendments provides for a nominee of the Director-General, rather than the Director-General himself or herself, to be a member of the Grain Marketing Consultative Committee.
Growth Centres (Development Corporations) Act 1974 No 49Omit the definition of
Insert in alphabetical order:
Omit “Managing Director”. Insert instead “Director-General”.
Omit “Managing Director” and “Property Services Group” wherever occurring.
Insert instead “Director-General” and “Department of Urban Affairs and Planning”, respectively.
Insert after section 6 (1A):
The Director-General may be represented at any meeting of a development corporation by a person nominated for the time being by the Director-General. In so representing the Director-General, the person nominated has and may exercise and perform the same powers, authorities, duties and functions as the Director-General has at any meeting of a development corporation (including voting rights), and is taken to be the Director-General.
Omit “an officer or employee” from section 33 (6) (b).
Insert instead “a member of staff”.
Omit “the Public Service Act 1902” from clause 5.
Insert instead “Part 2 of the Public Sector Management Act 1988”.
Under the Growth Centres (Development Corporations) Act 1974, the Managing Director of the Property Services Group is a member of the development corporations constituted under the Act. By virtue of clause 14 (2) and (4) of the Administrative Changes (Departments) Order 1995 and section 13 (4) of the Environmental Planning and Assessment Act 1979, references in the first-mentioned Act to the Managing Director and to the Property Services Group are to be read as references to the Director-General of the Department of Urban Affairs and Planning, and to that Department, respectively.
Item [5] of the proposed amendments allows the Director-General of the Department of Urban Affairs and Planning to be represented at any meetings of development corporations that he or she is unable to attend personally. Any such representative is to be nominated by the Director-General.
Items [1]–[4] and [6] of the proposed amendments recognise the construction of references concerning the Managing Director and the Property Services Group, and make consequential amendments.
Item [7] of the proposed amendments updates a reference to a repealed Act.
Home Building Act 1989 No 147Omit “$200,000, or such other amount as may be prescribed by the regulations, in relation to each dwelling to which the insurance relates” in section 102 (3).
Insert instead “$200,000 in relation to each dwelling to which the insurance relates, or such other amount as may be prescribed by the regulations”.
Part 6 of the Home Building Act 1989 imposes obligations regarding insurance of certain work, including residential building work done under contract (section 92), the supply of kit homes (section 93), owner-builder work (section 95) and residential building work done by a developer or done otherwise than under contract (section 96).
Section 102 of the Act provides that all contracts of insurance required to be entered into by or under Part 6 of the Act must provide for cover of not less than $200,000, or such other amount as may be prescribed by the regulations, in relation to each dwelling to which the insurance relates.
The proposed amendment restates that obligation. Under the amended subsection the contract of insurance must provide for cover of not less than $200,000 in relation to each dwelling to which the insurance relates, or such other amount as may be prescribed by the regulations. The amendment enables the existing power to make regulations to vary the standard $200,000 insurance coverage for residential building work to be exercised in an appropriate case without the need for the varied amount to be multiplied by the number of dwellings in the building. Accordingly, in the case of the repair of common property such as a roof of a residential flat building, an amount of coverage can be prescribed that is not required to be artificially increased by being multiplied by the number of units within the building.
Impounding Act 1993 No 31Insert “as soon as practicable after becoming aware of the name or address” after “item” in section 20 (3).
Omit “date of impounding” from section 39 (a).
Insert instead “date on which impounding was notified”.
Insert after section 39 (b):
, or
if notice of the impounding was not given within 28 days from the day on which the article was impounded, 28 days from the day on which the article was impounded.
The Impounding Act 1993 empowers an impounding officer to impound an article found in the officer’s area of operations if the officer believes on reasonable grounds that the article has been abandoned or left unattended. Section 20 of the Act requires an impounding authority to make all reasonable inquiries in an effort to find out the name and address of the owner of an impounded item and then to notify the owner that the item has been impounded. A person can make an application to the Administrative Decisions Tribunal to review an impounding decision. Such an application must be made within 28 days from the date of impounding.
Item [1] of the proposed amendments requires notice of the impounding of an item to be given as soon as practicable after an impounding authority finds out the name and address of the owner.
Item [2] provides for the 28-day appeal period to run from the date that the owner is notified of the impounding of the item, rather than the date of impounding.
Item [3] retains the existing appeal period in cases where notice was not given.
Interpretation Act 1987 No 15Insert after section 69:
If an Act or statutory rule applies, adopts or incorporates by way of reference any publication, or any provision of a publication, of Standards Australia, any other body or any person expressly or impliedly identified in the Act or statutory rule, evidence of the publication or provision may be given in any proceedings:
(a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of Standards Australia or the other body or person concerned, or
(b) by the production of a document purporting to be a copy of it and purporting to be printed by the Government Printer or by the authority of the Government of the Commonwealth, a State or a Territory.
Insert after section 80 (2):
Without limiting the generality of subsections (1) and (2), in any form in an Act or statutory rule, a reference to a date that is presumed to be in the nineteenth or twentieth century may be construed as a reference to a date in the twenty-first century and the form may be altered accordingly.
A publication may be applied, adopted or incorporated by reference into an Act or statutory rule. Section 69 of the Interpretation Act 1987 provides for the interpretation of references to publications other than Acts or instruments.
Item [1] of the proposed amendments specifies how evidence of the publication may be given in any proceedings.
A number of New South Wales Acts and statutory rules contain forms that require a date to be inserted. In many instances the date is expressed as “//19” or as “on the day of 19”.
Item [2] of the proposed amendments provides that a completed form will not be invalid if a date in the twenty-first century is inserted in place of a date in the nineteenth or twentieth century.
Lake Illawarra Authority Act 1987 No 285Omit “7” from section 6 (3).
Insert instead “10”.
Insert after section 6 (4) (b):
1 member is to be appointed to represent NSW Fisheries,
1 member is to be appointed to represent the Department of Land and Water Conservation,
1 member is to be the Chairperson of the Illawarra Catchment Management Committee established under the Catchment Management Act 1989,
Omit “Public Works Department” from section 7 (2).
Insert instead “Department of Land and Water Conservation”.
Omit “4” from clause 2. Insert instead “6”.
The Lake Illawarra Authority is a statutory corporation whose functions include carrying out the development works described in Schedule 2 to the Lake Illawarra Authority Act 1987.
Items [1], [2] and [4] of the proposed amendments alter the composition of the Authority, by providing for the appointment of 3 additional members, to represent NSW Fisheries, the Department of Land and Water Conservation and the Illawarra Catchment Management Committee.
Item [3] updates a reference to a Department.
Landlord and Tenant (Rental Bonds) Act 1977 No 44Omit “Auctioneers and Agents Act 1941 and the Minister administering the Residential Tenancies Act 1987” from section 20 (2A).
Insert instead “Property, Stock and Business Agents Act 1941 and the Minister administering the Residential Tenancies Act 1987, the Residential Tribunal Act 1998 and the Residential Parks Act 1998”.
Insert “, the Residential Tribunal Act 1998 and the Residential Parks Act 1998” after “
Section 20 of the Landlord and Tenant (Rental Bonds) Act 1977 provides for contributions from the Rental Bond Interest Account to be used to pay half the costs of the administration of the Residential Tenancies Act 1987.
The proposed amendments provide for the costs and expenses of administering the Residential Tribunal Act 1998 and the Residential Parks Act 1998 to be payable out of the Account also. (Until the commencement of those Acts the matters with which they deal, the constitution and functions of the Residential Tenancies Tribunal and the regulation of park owners and residents of residential parks, were dealt with under the Residential Tenancies Act 1987.)
Marketing of Primary Products Act 1983 No 176Omit section 5 (2)–(6).
Insert after section 5:
The Director-General may, by instrument in writing, delegate to any person any of the Director-General’s functions under this Act, other than:
(a) any function of the Minister delegated to the Director-General under section 5, or
(b) this power of delegation.
Insert after section 131:
As soon as practicable after 30 June, but on or before 31 December, in each year, the Director-General must prepare and forward to the Minister a report of:
(a) the Director-General’s work and activities under this Act, and
(b) the activities of the authorities, and
(c) the operation and effect of any marketing orders, and
(d) such other matters or things as the Director-General thinks appropriate or as the Minister directs the Director-General to report on.
The Minister must cause each such report to be laid before both Houses of Parliament as soon as practicable after receiving the report.
A report under this section need not be separately prepared but may form part of the report prepared for the Department under the Annual Reports (Departments) Act 1985.
The Marketing of Primary Products Act 1983 provides for the marketing of certain primary products, including by the establishment of marketing boards in relation to certain of those products.
Item [2] of the proposed amendments empowers the Director-General of the Department of Agriculture to delegate any of his or her functions under the Act. Item [1] omits redundant provisions regarding the delegation of functions. (Section 49 of the Interpretation Act 1987 makes provision regarding the conferral and exercise of a delegation.)
Item [3] of the proposed amendments imposes an obligation on the Director-General to prepare an annual report concerning the Director-General’s work and activities under the Act.
Meat Industry Amendment Act 1998 No 129Omit “all the meat sold is sold by retail” from the definition of
Insert instead “meat is sold by retail”.
Insert “where, in any week during the preceding calendar year, more than one tonne of meat was sold by wholesale or” after “not being premises” in the definition of
Insert after clause 15 of Schedule 2 to the Meat Industry Act 1978 (as proposed to be inserted by Schedule 1 [111]):
No matter or thing done, and no contract entered into, by the Authority, and no matter or thing done by a member or by any person acting under the direction of the Board subjects a member or a person so acting personally to any action, liability, claim or demand if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act.
The Meat Industry Amendment Act 1998 amends the Meat Industry Act 1978 with respect to the Meat Industry Authority, licences, inspectors and the regulation and handling of meat.
Items [1] and [2] of the proposed amendments amend the definition of
Before its amendment, the Meat Industry Act 1978 constituted the Meat Industry Authority, the Board of which included a representative of consumers of abattoir meat and processed meat. Under the Act the members of the Board were protected from personal liability in respect of things done, or contracts entered into, in good faith for the purpose of the execution of the Act. When the Act was amended the provisions concerning consumer representation and protection from liability were inadvertently omitted. (Those amendments are uncommenced.)
Item [3] of the proposed amendments restores the protection from liability of members of the Board of the Meat Industry Authority.
Mines Inspection Act 1901 No 75Omit “by this Act” wherever occurring. Insert instead “by or under this Act”.
Omit section 41 (6).
Insert “or” at the end of section 56 (1) (c) (i), (ii) and (iii).
Item [1] of the proposed amendments makes amendments consequential on amendments to the Mines Inspection Act 1901 made by the Mines Legislation Amendment (Mines Safety) Act 1998 (as proposed to be amended elsewhere in this Schedule).
Item [2] of the proposed amendments omits a spent provision.
Item [3] of the proposed amendments make consistent the use of conjunctions in a provision.
Mines Legislation Amendment (Mines Safety) Act 1998 No 122Insert “district” before “check inspector” in section 91 (6) of the Coal Mines Regulation Act 1982 (as proposed to be inserted by Schedule 1 [34]).
Omit “section 174 (1) (nnn)” from item [47].
Insert instead “section 174 (2) (nnn)”.
Omit “owner or manager of a mine or other” from section 36A (1) (d) (ii) of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [9]).
Insert instead “owner, general manager or production manager of a mine or the owner or manager of another”.
Omit “manager” wherever occurring in sections 36A (1) (e) and 36B of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [9]).
Insert instead “general manager”.
Omit “manager” where firstly occurring in section 36A (3) of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [9]).
Insert instead “general manager or production manager”.
Omit “the manager” where secondly occurring in section 36A (3) of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [9]).
Insert instead “that person”.
Omit “manager” from section 36A (4) of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [9]).
Insert instead “general manager or production manager”.
Insert at the end of section 79 of the Mines Inspection Act 1901 (as proposed to be inserted by Schedule 2 [19]):
In particular, the regulations may make provision for or with respect to the powers, authorities, duties and functions of inspectors, investigators and mine safety officers.
Certain amendments made by the Mines Inspection Amendment Act 1998 to the Mines Inspection Act 1901 omitted the definition of
Consequently, items [3]–[7] of the proposed amendments replace references to the manager of a mine occurring in sections 36A and 36B (as proposed to be inserted in the Mines Inspection Act 1901 by Schedule 2 [9] to the Mines Legislation Amendment (Mines Safety) Act 1998).
Item [8] of the proposed amendments makes it clear that regulations may be made relating to the powers, authorities, duties and functions of inspectors, investigators and mine safety officers. This amendment makes the Mines Inspection Act 1901 (which deals with metalliferous mines) consistent in this regard with the Coal Mines Regulation Act 1982 (which deals with coal mines), as proposed to be amended by Schedule 1 [47] to the Mines Legislation Amendment (Mines Safety) Act 1998.
Item [2] of the proposed amendments clarifies an incorporation direction.
Item [1] is consequential on the amendments made to the Coal Mines Regulation Act 1982 elsewhere in this Schedule.
Motor Vehicle Repairs Act 1980 No 71Omit “tradesmen”, “tradesmen’s”, “Tradesmen’s”, “tradesman”, “tradesman’s” and “Tradesman’s” wherever occurring.
Insert instead “tradespeople”, “tradespeople’s”, “Tradespeople’s”, “tradesperson”, “tradesperson’s” and “Tradesperson’s”.
Insert after the definition of
Insert after the definition of
Insert after paragraph (a):
in relation to repair work that consists of the work of an exhaust repairer—30 June 1987,
Insert before paragraph (b):
in relation to repair work that consists of the work of a radiator repairer—1 April 1992,
Insert after paragraph (c):
an exhaust repairer,
Insert after paragraph (h):
a radiator repairer,
Insert after section 4 (3):
Despite the definition of
Insert after clause 2:
Any act, matter or thing done:
(a) on or after 30 June 1987 in respect of the work of an exhaust repairer, or
(b) on or after 1 April 1992 in respect of the work of a radiator repairer,
that would have been valid if the amendments made by the Statute Law (Miscellaneous Provisions) Act 1999 to section 4 had been in force at the time that the act, matter or thing was done is validated.
Since 30 June 1987, exhaust repairers have been prescribed tradesmen for the purposes of the definition of
Items [2], [4] and [6] of the proposed amendments cure this defect.
Since 1 April 1992, radiator repairers have been prescribed tradesmen for the purposes of the definition of
Items [3], [5], [7] and [8] of the proposed amendments cure this defect.
Item [9] of the proposed amendments validates certain acts and other matters.
Item [1] of the proposed amendments replaces gender-specific language with gender-neutral language.
Murray Valley Citrus Marketing Act 1989 No 155Insert after section 8:
The New South Wales Director may, in writing, delegate to any person any of the New South Wales Director’s functions under this Act, other than:
(a) any function of the Minister delegated to the Director-General under section 8, or
(b) this power of delegation.
The Murray Valley Citrus Marketing Act 1989 makes provision for a joint New South Wales and Victorian scheme for marketing citrus fruit. The object of the proposed amendment is to empower the Director-General of the Department of Agriculture (called the “New South Wales Director” in the Act) to delegate any of his or her functions under the Act.
Parliamentary Electorates and Elections Act 1912 No 41Insert after section 3 (3):
Notes included in this Act are explanatory notes and do not form part of this Act.
Omit the footnote to the section. Insert at the end of the section:
Section 31A of the Constitution Act 1902 provides that, during the absence from New South Wales of the Speaker, the Deputy Speaker of the Legislative Assembly is to act in his or her place and has and may exercise and perform all the powers, authorities, duties and functions of the Speaker, including those functions conferred under this section.
Item [2] of the proposed amendments updates a reference to the person who is taken to have the powers of the Speaker of the Legislative Assembly when the Speaker is outside the State. The proposed amendment is consequential on an amendment to the Constitution Act 1902 made elsewhere in this Schedule.
Item [1] of the proposed amendments explains the status of notes in the Act.
Pawnbrokers and Second-hand Dealers Act 1996 No 13Omit “Before” from section 15 (1). Insert instead “On each occasion before”.
Omit “Commercial Tribunal” from section 36 (5).
Insert instead “Fair Trading Tribunal”.
Section 15 of the Pawnbrokers and Second-hand Dealers Act 1996 provides that, before accepting any goods offered for sale or pawn, a licensee must obtain evidence of the identity of the person by whom the goods are being offered.
Item [1] of the proposed amendments makes it clear that a licensee is required to obtain evidence of identity from a customer every time the licensee accepts goods offered for sale or pawn by that customer.
Item [2] of the proposed amendments updates a reference to a Tribunal.
Pesticides Act 1978 No 57Omit “Minister” wherever occurring in section 7 (2), (4) and (5).
Insert instead “Environment Protection Authority”.
Omit “Workers Compensation and Rehabilitation Authority” from section 16C (2) (c) (i).
Insert instead “WorkCover Authority”.
Omit “Director of the State Pollution Control Commission”.
Insert instead “Director-General of the Environment Protection Authority”.
The Pesticides Act 1978 provides for the appointment by the Minister for the Environment of analysts of pesticides and inspectors of pesticides.
Item [1] of the proposed amendments provides for such appointments to be made by the Environment Protection Authority.
Items [2] and [3] update references to offices.
Pipelines Act 1967 No 90Insert at the end of section 61:
The provisions of section 88A of the Conveyancing Act 1919 apply to and in respect of easements in favour of a permittee or licensee in the same manner as they apply to easements in favour of the Crown or of any public or local authority constituted by Act of Parliament. Section 88A (1B) of the Conveyancing Act 1919 does not apply to any such easement in favour of a permittee or licensee.
Section 61 of the Pipelines Act 1967 provides for the creation of certain easements in favour of the holders of permits or licences under the Act. Section 88A of the Conveyancing Act 1919 also provides for the creation of easements in gross in favour of certain authorities listed in the section, subject to certain restrictions set out in section 88A (1B).
The proposed amendment makes it clear that section 88A of the Conveyancing Act 1919 applies to easements in gross in favour of a permittee or a licensee under the Pipelines Act 1967 and that section 88A (1B) does not operate so as to restrict the creation of any such easement.
Police Offences Act 1901 No 5Omit the section. Insert instead:
This Act is the Police (Special Provisions) Act 1901.
Omit the Part.
Omit the section.
Omit the Schedules.
The Police Offences Act 1901 consolidated various nineteenth-century Acts that dealt with certain summary offences. Part 3 of that Act contains a number of offences that are outdated or that are now dealt with in other legislation. For instance, section 70 provides that a person is liable to pay a maximum penalty of 4 dollars if, in any street or public place, the person beats or dusts any carpet or flies any kite.
Items [2] and [4] of the proposed amendments omit Part 3 and the Second and Third Schedules to the Act, which describe or list the City, areas and towns to which Part 3 applies.
Item [1] of the proposed amendments changes the name of the Act, as a consequence of the repeal of the provisions containing offences.
Item [3] repeals a redundant provision.
Privacy and Personal Information Protection Act 1998 No 133Omit “, subject to section 51 (1),” from section 53 (1).
Omit clause 2 (3). Insert instead:
The Privacy Commissioner may be appointed on a full-time or part-time basis.
Omit “The Privacy Commissioner”.
Insert instead “A Privacy Commissioner appointed on a full-time basis”.
Insert at the end of clause 3:
A Privacy Commissioner appointed on a part-time basis is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him or her.
A person may hold office, and exercise functions, as Privacy Commissioner (whether full-time or part-time) even though the person also holds, and exercises the functions of, a judicial office or a statutory or other public office.
Item [1] of the proposed amendments omits a redundant cross-reference. (The cross-reference referred to clause 51 of the Privacy and Personal Information Protection Bill 1998. That clause was omitted in the committee stage of Parliament’s consideration of the Bill. Section 51 of the Act, as enacted is not relevant to the section proposed to be amended.)
Item [2] of the proposed amendments removes the requirement that the Privacy Commissioner be appointed on a full-time basis and provides for either full-time or part-time appointment. The amendment also inserts a provision that removes any prohibition on a person holding the office of Privacy Commissioner at the same time as the person holds judicial or statutory office.
Items [3] and [4] of the proposed amendments make consequential amendments.
Property, Stock and Business Agents Act 1941 No 28Insert “, the Residential Tribunal Act 1998 and the Residential Parks Act 1998” after “1987” wherever occurring in section 63E (1).
Section 63E of the Property, Stock and Business Agents Act 1941 provides for contributions from the Statutory Interest Account to be used to pay half the costs of the administration of the Residential Tenancies Act 1987.
The proposed amendment provides for the costs and expenses of administering the Residential Tribunal Act 1998 and the Residential Parks Act 1998 to be payable out of the Account also. (Until the commencement of those Acts the matters with which they deal, the constitution and functions of the Residential Tenancies Tribunal and the regulation of park owners and residents of residential parks, were dealt with under the Residential Tenancies Act 1987.)
Protection of the Environment Administration Amendment (Environmental Education) Act 1998 No 167Omit so much of Schedule 1 [9] as inserts section 28 (8) and (9) into the Protection of the Environment Administration Act 1991.
Omit the item.
The proposed amendments omit redundant (uncommenced) provisions proposed to be inserted into the Protection of the Environment Administration Act 1991, dealing with the election of the Chairperson of the New South Wales Council on Environmental Education. (The relevant provisions, proposed section 28 (1) and (2) of, and proposed clause 2 of Schedule 2 to, the Protection of the Environment Administration Act 1991 provide for the appointment of the Chairperson of the Council by the Minister for the Environment.)
Protection of the Environment Operations Act 1997 No 156Insert after section 57 (6):
Nothing in this section precludes the regulations from requiring payment of the first or other specified licence fee in respect of a shorter or longer period than 12 months. In that case, a reference in this Act to an annual fee is to be construed accordingly.
Omit “annual fee”. Insert instead “annual licence fee”.
Insert after section 80 (1):
If an application for approval of the surrender of a licence has been made, the appropriate regulatory authority may, by notice in writing given to the applicant, require the applicant to supply to the appropriate regulatory authority such further information as the appropriate regulatory authority considers necessary and relevant to the application and specifies in the notice.
Omit the subsection.
Omit section 84 (2) and (3). Insert instead:
A decision of the appropriate regulatory authority to vary, suspend or revoke a licence, or to approve the surrender of a licence subject to conditions, does not operate:
(a) until the period within which an appeal under this Act can be lodged by the appropriate person against the decision has expired without an appeal being lodged, or
(b) if such an appeal is lodged within that period by the appropriate person, until the Land and Environment Court confirms the decision or the appeal is withdrawn, or
(c) until the appropriate person notifies the appropriate regulatory authority in writing that no appeal is to be made against the decision,
whichever first occurs.
A decision of the appropriate regulatory authority to approve the surrender of a licence without any condition operates from the time the authority notifies the licensee in writing of the decision.
In this section:
Omit section 99. Insert instead:
A prevention notice, or a variation of a prevention notice, does not operate:
(a) until the period within which an appeal under this Act can be lodged against the notice or variation has expired without an appeal being lodged, or
(b) if such an appeal is lodged within that period, until the Land and Environment Court confirms the notice or variation or the appeal is withdrawn, or
(c) until the person who has the right to lodge such an appeal notifies the appropriate regulatory authority in writing that no appeal is to be made against the notice or variation,
whichever first occurs.
Insert after section 109:
This section applies if:
(a) a clean-up notice or prevention notice is issued under this Chapter, and
(b) a dispute arises as to whether the body that issued the notice was the appropriate regulatory authority in respect of the matter, and
(c) the body that is in fact the appropriate regulatory authority is satisfied that the other body acted in good faith in issuing the notice and confirms the issue of the notice, in writing, to the person to whom the notice was issued.
In any such case, the notice is taken to be, and always to have been, a notice duly issued under this Chapter, and any action taken in respect of the notice before that confirmation is taken to be, and always to have been, action duly taken under this Chapter.
Insert “for that waste” after “facility” in section 143 (2).
Insert after section 143 (3):
It is a defence in any proceedings for an offence under this section if the defendant establishes that:
(a) an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place, and
(b) the approved notice stated that the place could lawfully be used as a waste facility for the waste, and
(c) the defendant had no reason to believe that the place could not lawfully be used as a waste facility for the waste.
However, it is not a defence in such proceedings for the defendant to establish that the defendant relied on the advice (other than advice in the form of an approved notice) given by the owner or occupier concerned to the effect that the place could, at the time of the alleged offence, be lawfully used as such a waste facility.
It is a defence in any proceedings for an offence under this section if the defendant establishes that the waste transported by the defendant was not deposited by the defendant or any other person at the place to which it was transported.
Insert in alphabetical order:
(a) stating that the place to which the notice relates can lawfully be used as a waste facility for the waste specified in the notice, and
(b) that contains a certification by the owner or occupier of the place that the statement is correct.
Omit “place to which the waste was transported”.
Insert instead “land concerned”.
Omit “any Act or regulation repealed by this Act” from section 186 (c).
Insert instead “any repealed provision of any Act or regulation amended or repealed by this Act”.
Insert after section 212:
A notice given under this Chapter may be revoked or varied by a subsequent notice or notices.
A notice may be varied by modification of, or addition to, its terms and specifications.
Without limiting the above, a notice may be varied by extending the time for complying with the notice.
A notice may only be revoked or varied by the authority or person that gave it.
Insert “(including requirements with respect to the emission of excessive air impurities, the fitting and operation of pollution control devices and the use of fuels)” after “regulations” in clause 4 (4).
Omit Schedule 4.1 [3]. Insert instead:
Omit “Clean Waters Act 1970” from clause 12 (1).
Insert instead “Protection of the Environment Operations Act 1997”.
Insert at the end of clause 10:
In this clause, a reference to a repealed Act or regulation includes a reference to a repealed provision of an Act or regulation.
Insert “and is not scheduled development work” after “scheduled activity”.
Section 57 of the Protection of the Environment Operations Act 1997 requires the holder of a licence to pay an annual licence fee. Under load-based licensing the payment of the fee requires associated monitoring and reports with respect to the licence fee period. Under the Act the licensee may hold different licences for different activities at the same premises or different licences for the same activity at different premises and, accordingly, the licensee may hold licences with different licensing fee periods.
Item [1] of the proposed amendments is intended to avoid administrative inconvenience for the licensee and the regulatory authority by putting beyond doubt the power under the regulations to provide for the first or other licence fees to be payable for a period other than 12 months so as to enable a licensee who has a number of different licences to pay licence fees (and provide associated monitoring and reports) in respect of the same period.
Section 80 of the Act provides for the surrender of a licence, with the approval of an appropriate regulatory authority. The regulatory authority may impose conditions on the surrender (which may include responsibilities for pollution control to which the licence was subject before surrender and which may continue to be necessary for a period after surrender). The authority may require the licensee to provide relevant information to enable a decision to be made as to whether any such conditions should be continued or other conditions imposed on surrender.
Item [3] of the proposed amendments empowers an appropriate regulatory authority to require information to support the application for surrender in the same way as it is currently authorised to require further information from an applicant for the issue, transfer or variation of a licence.
The Act currently does not contain uniform provisions as to the date from which certain decisions of a regulatory authority operate. Items [4] and [5] make those provisions uniform, by providing that a decision to vary, suspend or revoke a licence, or to approve the surrender of a licence subject to conditions, does not take effect until the first of the following happens:
(a) if no appeal is lodged within the appeal period—the appeal period expires (this currently does not apply to the approval of the surrender of a licence subject to conditions),
(b) if an appeal is lodged—the Land and Environment Court confirms the decision or the appeal is withdrawn (this currently does not apply to the approval of the surrender of a licence subject to conditions),
(c) the licensee waives the appeal right (this currently only applies in the case of variations of licences).
Section 99 of the Act sets out when a notice to take specified preventive action (a prevention notice) takes effect. Section 110 of the Act provides for the variation of prevention notices.
Item [6] of the proposed amendments extends section 99 to the variation of prevention notices so that uniform provision is made as to the date that the issue or variation of a prevention notice takes effect.
Chapter 4 of the Act makes provision for the issue of clean-up notices for pollution incidents and prevention notices to prevent activities being carried on in an environmentally unsatisfactory manner. The appropriate regulatory authority that may issue the notice depends on whether the activity to which the notice relates is or is not a scheduled activity. In some instances (such as waste activities) that decision depends on the nature of the substance and the level at which the activity is being carried on. Where action is required to be taken urgently to deal with a pollution incident or matter it may not be possible for an authority to determine conclusively in the time available whether or not the activity is a scheduled activity and therefore whether or not it is authorised to issue the notice.
Item [7] of the proposed amendments inserts proposed section 109A into the Act to enable a clean-up notice or prevention notice that is issued in good faith and in respect of which a dispute arises to be confirmed by the authority that is in fact the appropriate regulatory authority. After a notice is confirmed, action already taken will be valid and any future action with respect to the notice would be taken by the authority that is ultimately determined to be the appropriate regulatory authority.
Section 143 of the Act makes it an offence to transport waste to places where it cannot be lawfully deposited.
Item [9] of the proposed amendments inserts defences with respect to the offence in similar terms inserted last year by amendment to the existing provision that deals with this offence but which will be replaced by the offence in section 143 when the Act commences—see Act No 155 of 1998.
Item [10] makes a consequential amendment.
Section 186 of the Act provides that the investigative powers under the Act may be exercised in respect of offences committed before the commencement of the Act under Acts and regulations repealed by the Act.
Item [12] amends section 186 to make it clear that the extension of those powers applies to offences committed under repealed provisions of an Act or regulation to deal with those cases in which the Act only repealed a part of an Act and not the whole Act.
The investigative powers under the Act enable notices to be given requiring information or records.
Item [13] inserts proposed section 212A into the Act to ensure that notices issued to persons under Chapter 7 (Investigation) may be revoked or varied by subsequent notices. Similar provisions apply under sections 109 and 110 of the Act in respect of environment protection notices.
Schedule 2 to the Act contains specific regulation-making powers relating to prohibiting or regulating the sale, use or operation of vehicles not complying with the Act or regulations. The Act and regulations contain provisions relating to vehicles emitting excessive air impurities, the fitting of anti-pollution devices on vehicles and the use of unleaded petrol in vehicles. A number of offences contained in the Clean Air Act 1961, which is to be repealed by the Act, that relate to the use or operation of vehicles contrary to those provisions, have been transferred to the regulations. The provisions were transferred under the specific regulation-making powers in the Act and under the special power in clause 11 of Schedule 5 to the Act that authorises transitional regulations for up to 3 years on any matter regulated under a repealed Act.
Item [14] amends the specific regulation-making powers in Schedule 2 so that transferred provisions relating to motor vehicles are clearly authorised and need not rely on the special transitional provision.
Clause 10 of Schedule 5 to the Act provides that regulations may be made to apply the provisions of Chapter 8 of the Act relating to criminal and other proceedings to continuing proceedings under Act or regulations repealed by the Act.
Insert instead “Local Court”.
Omit “stipendiary or police magistrate, or any two justices in petty sessions”.
Insert “Local Court”.
Seeds Act 1982 No 14Omit “court of petty sessions held before a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Sheriff Act 1900 No 16Omit “Courts of Quarter Sessions”. Insert instead “the District Court”.
Small Business Development Corporation Act 1984 No 119Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Special Commissions of Inquiry Act 1983 No 90Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Sporting Injuries Insurance Act 1978 No 141Omit “court of petty sessions constituted by a stipendiary magistrate” from section 32 (1).
Insert instead “Local Court constituted by a Magistrate”.
State Coal Mines Act 1912 No 70Omit “stipendiary or police magistrate or before two justices”.
Insert “Local Court”.
State Sports Centre Trust Act 1984 No 68Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Strata Schemes (Freehold Development) Act 1973 No 68Omit “court of petty sessions held before a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Superannuation Act 1916 No 28Omit “stipendiary magistrate” wherever occurring in section 39 (1) and (2).
Insert instead “Magistrate”.
Omit “such magistrate” and “the magistrate” wherever occurring.
Insert instead “such Magistrate” and “the Magistrate” respectively.
Supreme Court Act 1970 No 52Omit “court of petty sessions” from paragraph (b) of the definition of
Insert instead “Local Court”.
Omit “stipendiary magistrate” wherever occurring. Insert instead “Magistrate”.
Supreme Court (Summary Jurisdiction) Act 1967 No 72Omit “court of petty sessions” wherever occurring. Insert instead “Local Court”.
Survey Co-ordination Act 1949 No 27Omit “court of petty sessions” from section 20 (2). Insert instead “Local Court”.
Omit “Small Debts Recovery Act 1912”.
Insert instead “Local Courts (Civil Claims) Act 1970”.
Omit “court of petty sessions holden before a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Survey Marks Act 1902 No 56Omit “any two justices in petty sessions”. Insert instead “a Local Court”.
Swine Compensation Act 1928 No 36Omit “stipendiary magistrate, or any two or more justices” from section 18 (3).
Insert “Local Court”.
Sydney Cricket and Sports Ground Act 1978 No 72Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Sydney Turf Club Act 1943 No 22Omit “stipendiary magistrate” from section 23 (5).
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Teacher Housing Authority Act 1975 No 27Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Teaching Services Act 1980 No 23Omit “court of petty sessions” from section 93 (7).
Insert instead “Local Court”.
Theatres and Public Halls Act 1908 No 13Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Tourism New South Wales Act 1984 No 46Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Transport Appeal Boards Act 1980 No 104Omit “court of petty sessions constituted by a stipendiary magistrate” from section 18 (2).
Insert instead “Local Court constituted by a Magistrate”.
Omit “court of petty sessions constituted by a stipendiary magistrate or any 2 justices of the peace”.
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Valuation of Land Act 1916 No 2Omit “court of petty sessions constituted by a stipendiary magistrate”.
Insert instead “Local Court constituted by a Magistrate”.
Water Act 1912 No 44Omit “court of petty sessions held before a stipendiary magistrate, or any 2 justices” from section 4G (2).
Insert instead “Local Court”.
Omit “court of petty sessions held before a stipendiary magistrate, or 2 justices”.
Insert instead “Local Court”.
Omit “stipendiary magistrate” wherever occurring.
Insert instead “Magistrate”.
Omit “police magistrate” wherever occurring. Insert instead “Magistrate”.
Omit “court of petty sessions” from section 101 (3).
Insert instead “Local Court”.
Wills, Probate and Administration Act 1898 No 13Omit “a Court of Petty Sessions is held”. Insert instead “there is a Local Court”.
Workers’ Compensation (Dust Diseases) Act 1942 No 14Omit “stipendiary magistrate” from section 8G (2).
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Workmen’s Compensation (Lead Poisoning—Broken Hill) Act 1922 No 31Omit “police or stipendiary magistrate or two or more justices” from section 15 (2).
Insert instead “Local Court”.
Zoological Parks Board Act 1973 No 34Omit “stipendiary magistrate sitting in petty sessions alone” from section 32 (1).
Insert instead “Local Court constituted by a Magistrate sitting alone”.
Omit “magistrate” wherever occurring in section 33 (1).
Insert instead “Magistrate”.
(Section 3)
Administration of Justice Act 1924 No 42Omit the Part.
Administration of Justice Act 1968 No 3Omit the section.
Agricultural Scientific Collections Trust Act 1983 No 148Omit the section.
Anatomy Act 1977 No 126Omit the section.
Anglican Church of Australia Trust Property Act 1917 No 21Insert before section 1:
Omit all words following “
Omit the section.
Architects Act 1921 No 8Omit the section.
Balranald Irrigation Act 1902 No 78Omit all words following “
Omit all words following “
Omit the section.
Botany Cemetery and Crematorium Act 1972 No 6Omit the section.
Cabramatta Park Act 1922 No 35Insert “Registration of transfer of land” as the heading to the section.
Insert “Use of transferred land as a park” as the heading to the section.
Chipping Norton Lake Authority Act 1977 No 38Omit the section.
Churches of Christ in New South Wales Incorporation Act 1947 No 2Omit section 1 (3).
Coastal Protection Act 1979 No 13Omit the section.
Companies (Application of Laws) Act 1981 No 122Omit the section.
Companies (Death Duties) Act 1901 No 30Omit each heading that is not a section heading, a Schedule heading or a Column heading.
Companies (Transfer of Domicile) Act 1968 No 15Omit the section.
Constitution Further Amendment (Referendum) Act 1930 No 2Omit the section.
Contracts Review Act 1980 No 16Omit the section.
Conversion of Cemeteries Act 1974 No 17Omit the section.
Conveyancing Act 1919 No 6Insert before section 1:
Insert before section 52:
Insert before section 69:
Omit each heading that is not a Division heading or a section heading.
Insert before section 116:
Omit each heading that is not a section heading.
Conveyancing and Law of Property Act 1898 No 17Omit each heading that is not a Part heading, a section heading, a Schedule heading or a Column heading.
Insert before section 1:
Omit all words following “
Insert before section 1:
Omit all words following “
Insert “Appointment as coroner or deputy coroner” as the heading to clause 1.
Insert “Pending proceedings” as the heading.
Insert “Warrants of commitment or recognizances” as the heading.
Insert “Depositions” as the heading.
Country Industries (Pay-roll Tax Rebates) Act 1977 No 79Omit the section.
Crimes Act 1900 No 40Omit the heading. Insert instead:
Omit the heading. Insert instead:
Omit the heading. Insert instead:
Omit “CHAPTER” wherever occurring. Insert instead “Division”.
Omit “Chapter” wherever occurring. Insert instead “Division”.
Insert before section 475C:
Omit all matter regarding the repealed section, including the matter regarding the section replacing it.
Crimes Prevention Act 1916 No 80Omit each heading that is not a section heading.
Criminal Appeal Act 1912 No 16Omit all words following “
Omit “Chapter” wherever occurring in Schedule 2.3 [5] and [6].
Insert instead “Division”.
Dairy Industry Act 1979 No 208Omit from Part 2 each heading that is not a Part heading or a clause heading.
Insert before clause 17:
Insert before clause 18:
Omit each heading that is not a section heading or a Schedule heading.
Dental Technicians Registration Act 1975 No 40Omit the section.
Destitute Children’s Society (Vesting) Act 1916 No 82Omit each heading that is not a section heading or a Schedule heading.
Drainage Act 1939 No 29Omit all words following “
Omit the section.
Encroachment of Buildings Act 1922 No 23Omit each heading that is not a section heading, a Schedule heading or a clause heading.
Exotic Diseases of Animals Act 1991 No 73Omit “
Omit the section.
Fish River Water Supply Administration Act 1945 No 16Omit section 1 (2).
Forestry Act 1916 No 55Omit each heading that is not a Part heading, a Division heading, a section heading, a Schedule heading or a clause heading.
Insert before section 1:
Frustrated Contracts Act 1978 No 105Omit the section.
Funeral Funds Act 1979 No 106Omit the section.
Glen Davis Act 1939 No 38Omit section 1 (4).
Horticultural Stock and Nurseries Act 1969 No 3Omit the section.
Imperial Acts Application Act 1969 No 30Omit the section.
Impounding Act 1993 No 31Omit “
Omit each heading that is not a section heading, a Schedule heading or a heading in a Schedule.
Insert before section 1:
Insert before section 3:
Insert before section 11:
Insert before section 14:
Infants’ Custody and Settlements Act 1899 No 39Insert before section 1:
Omit section 1 (2).
Inscribed Stock (Issue and Renewals) Act 1912 No 51Omit each heading that is not a section heading.
Insert before section 1:
Insert before section 3:
Insert before section 4:
Insert before section 7A:
Insert before section 8:
Insert before section 15:
Insert before section 16:
Insurance Act 1902 No 49Omit all words following “
Omit section 1 (3).
Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act 1955 No 12Omit section 1 (2)–(5).
Judgment Creditors’ Remedies Act 1901 No 8Omit all words following “
Omit each heading that is not a section heading.
Insert before section 1:
Insert before section 4:
Insert before section 8:
Insert before section 10:
Insert before section 12:
Land Development Contribution Management Act 1970 No 22Omit the section.
Land Sales Act 1964 No 12Omit “paragraph 6 (a)” from paragraph 3. Insert instead “paragraph 6 (1)”.
Renumber subparagraphs (a)–(c) as (1)–(3).
Omit “paragraph 6 (a)”. Insert instead “paragraph 6 (1)”.
Land Tax Management Act 1956 No 26Insert before clause 1A:
Omit each heading that is not a Part heading or a clause heading.
Insert before clause 2:
Insert before clause 9:
Insert before clause 10:
Insert before clause 14:
Insert before clause 16:
Insert before clause 17:
Insert before clause 18:
Insert before clause 23:
Insert before clause 24:
Insert before section 1:
Law Reform (Miscellaneous Provisions) Act 1946 No 33Omit section 1 (2).
Liens on Crops and Wool and Stock Mortgages Act 1898 No 7Insert before section 1:
Omit the heading.
Limitation Act 1969 No 31Omit the section.
Loan Fund Companies Act 1976 No 94Omit the section.
Local Courts Act 1982 No 164Omit the section.
Local Government (Areas) Act 1948 No 30Omit the section.
Local Government (City of Sydney Boundaries) Act 1967 No 48Omit the section.
Lord Howe Island Act 1953 No 39Omit the section.
Lutheran Church of Australia (New South Wales District) Property Trust Act 1982 No 101Omit the section.
Matrimonial Causes Act 1899 No 14Omit each heading that is not a Part heading, a section heading, a Schedule heading or a Column heading.
Omit all words following “
Omit the heading. Insert instead “
Insert before section 12:
Insert before section 14:
Insert before section 17:
Insert before section 18:
Insert before section 19:
Insert before section 21:
Insert before section 22:
Insert before section 24:
Insert before section 25:
Insert before section 26:
Insert before section 27:
Insert before section 31:
Insert before section 33:
Omit the heading.
Insert instead “
Omit the heading.
Insert instead “
Omit the heading. Insert instead “
Omit the heading.
Insert instead “
Omit “
Omit the section.
Monopolies Act 1923 No 54Omit the section.
Moratorium Act 1932 No 57Omit all words following “
Omit the section.
Murrumbidgee Irrigation Areas Occupiers Relief Act 1934 No 52Omit the section.
New South Wales—Queensland Border Rivers Act 1947 No 10Omit each heading that is not a section heading, a Schedule heading or a heading in a Schedule.
New South Wales Retirement Benefits Act 1972 No 70Omit section 1 (2).
Noxious Weeds Act 1993 No 11Omit “
Omit the section.
Optometrists Act 1930 No 20Omit the section.
Parliamentary Electorates and Elections Act 1912 No 41Omit each heading that is not a section heading.
Insert after the heading to Part 4:
Insert before section 25:
Insert before section 26:
Insert before section 32:
Insert before section 42:
Insert before section 48:
Insert before section 50:
Insert before section 51:
Pathology Laboratories Accreditation Act 1981 No 51Omit the section.
Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 No 43Omit section 1 (2).
Private Irrigation Districts Act 1973 No 47Omit the section.
Protected Estates Act 1983 No 179Omit the section.
Public Authorities (Financial Arrangements) Act 1987 No 33Omit all headings in the Schedule.
Public Trustee Act 1913 No 19Omit the section.
Omit each heading that is not a Part heading or a section heading.
Insert before section 12:
Insert before section 13:
Insert before section 18:
Insert after section 18A:
Insert before section 34:
Insert before section 36:
Insert before section 38:
Insert before section 43:
Insert before section 43A:
Insert before section 44:
Racing Appeals Tribunal Act 1983 No 199Omit the section.
Rail Safety Act 1993 No 50Omit “
Omit “The Schedule to this Act”. Insert instead “Schedule 1”.
Omit the heading to the Schedule. Insert instead:
Omit the heading “Rights, Liabilities and Property”.
Insert instead “
Omit the heading “Common Seal”. Insert instead “
Omit the heading “Notices”. Insert instead “
Omit the heading “Constitution and Amendments thereof to be Registered”.
Insert instead “
Omit the heading “Office”. Insert instead “
Omit the heading “Savings”. Insert instead “
Omit the section.
Royal North Shore Hospital of Sydney Act 1910 No 20Omit each heading that is not a section heading or a Schedule heading.
Insert before section 1:
Insert before section 4:
Insert before section 8:
Insert before section 25:
Rural Reconstruction Act 1939 No 45Omit section 1 (4).
Rural Workers Accommodation Act 1969 No 34Insert “The following provisions apply:” before clause (3) (i) of Part 1.
Insert “The following provisions apply:” before clause (6) (i).
Insert “The following provisions apply:” before clause (9) (i).
Insert “The following provisions apply:” before clause (12) (i).
Insert “The following provisions apply:” before clause (13) (i).
Insert “The following provisions apply:” before clause (16) (i).
Insert “The following provisions apply:” before clause (17) (i).
Insert “The following provisions apply:” before clause (18) (i).
Insert “The following provisions apply:” before clause (21) (i).
Insert “The following provisions apply:” before clause (25) (i).
Insert “The following provisions apply:” before clause (26) (i).
Insert “The following provisions apply:” before clause (29) (i).
Insert “The following provisions apply:” before clause (33) (i).
Insert “The following provisions apply:” before clause (36) (i).
Insert “The following provisions apply:” before clause (37) (i).
Insert “
Insert “The following provisions apply:” before clause (5) (i).
Sale of Goods Act 1923 No 1Omit each heading that is not a Part heading, a section heading, a Schedule heading, a clause heading or a heading in a table.
Omit the section.
School Forest Areas Act 1936 No 20Omit section 1 (2).
Securities Industry (Application of Laws) Act 1981 No 61Omit the section.
Special Commissions of Inquiry Act 1983 No 90Omit the section.
Sporting Injuries Insurance Act 1978 No 141Omit the section.
Stamp Duties Act 1920 No 47Insert after the heading to the Schedule:
Omit the heading “
Insert instead:
State Coal Mines Act 1912 No 70Omit each heading that is not a section heading, a Schedule heading or a clause heading.
Insert before section 1:
Insert before section 2:
Insert before section 11:
Insert “The following provisions apply:” before clause 4 (a).
Insert “The following provisions apply:” before clause 8 (a).
Insert “The following provisions apply:” before clause 9 (a).
Insert “The following provisions apply:” before clause 11 (a).
Insert “The following provisions apply:” before clause 12 (a).
Surveyors Act 1929 No 3Omit the section.
Omit each heading that is not a Part heading or a section heading.
Insert before section 10:
Insert before section 12:
Insert before section 14:
Insert before section 17:
Insert before section 26:
Swimming Pools Act 1992 No 49Omit “
Omit the section.
Sydney Turf Club Act 1943 No 22Insert “The following provisions apply:” before clause 1 (a).
Insert “The following provisions apply:” before clause 5 (a).
Insert “The following provisions apply:” before clause 8A (a).
Insert “The following provisions apply:” before clause 16 (a).
Testator’s Family Maintenance and Guardianship of Infants Act 1916 No 41Omit each heading that is not a section heading.
Insert before section 1:
Insert before section 3:
Insert before section 13:
Insert before section 22:
Transport Appeal Boards Act 1980 No 104Omit the section.
Transport Employees Retirement Benefits Act 1967 No 96Omit the section.
Trustee Act 1898 No 4Omit each heading that is not a Part heading, a section heading or a Schedule heading.
Insert before section 1:
Omit all words following “
Omit each heading that is not a Part heading, a Division heading, a section heading, a Schedule heading, a clause heading or a Column heading.
Insert before section 1:
Omit the section.
Uniting Church in Australia Act 1977 No 47Omit the section.
Insert “Amendment of Memorandum or Articles of Association” as the heading to clause 5.
Victims Compensation Act 1996 No 115Insert “The following provisions apply:” before clause 9 (a).
Western Lands Act 1901 No 70Omit the heading to the matter relating to the Western Lands (Crown Lands) Amendment Act 1989 before clause 1.
Insert instead:
Insert before section 1:
Workers’ Compensation (Brucellosis) Act 1979 No 116Omit the section.
Zoological Parks Board Act 1973 No 34Omit the section.
(Section 3)
Insert “or her” after “his” wherever occurring.
Omit “his”.
Omit “him”. Insert instead “the gaoler”.
Omit “he” wherever occurring. Insert instead “the person”.
Omit “him” where firstly and fourthly occurring. Insert instead “the person”.
Omit “him” where secondly and thirdly occurring. Insert instead “the Justice”.
Omit “he”. Insert instead “that Justice”.
Omit “him” wherever occurring. Insert instead “the person”.
Omit “him” wherever occurring. Insert instead “the defendant”.
Omit “him or them” wherever occurring. Insert instead “the Justice or Justices”.
Omit “he” wherever occurring. Insert instead “the defendant”.
Insert “or her” after “him” wherever occurring.
Insert “or she” after “he” wherever occurring.
Insert “or herself” after “himself” wherever occurring.
Omit “he or they” wherever occurring. Insert instead “the Justice or Justices”.
Omit “him” wherever occurring. Insert instead “the defendant”.
Omit “he” where firstly occurring. Insert instead “the defendant”.
Insert “or she” after “he” where lastly occurring.
Insert “or herself” after “himself” wherever occurring.
Insert “or she” after “he” where secondly occurring.
Insert “or her” after “his” where firstly occurring.
Omit “his or their” wherever occurring.
Insert instead “the Justice’s or Justices’“.
Omit “or his”. Insert instead “or by his or her”.
Omit “him”. Insert instead “the witness”.
Omit “his or their”. Insert instead “his, her or their”.
Omit “him” wherever occurring. Insert instead “the clerk”.
Omit “upon his”. Insert instead “on the person’s”.
Omit “him” wherever occurring. Insert instead “the Justice”.
Omit “he” wherever occurring. Insert instead “the plaintiff”.
Omit “upon his” wherever occurring. Insert instead “on the person’s”.
Omit “his” where lastly occurring.
Insert “or her” after “his” where secondly occurring.
Omit “he”. Insert instead “the Justice”.
(Section 4)
Juvenile Migrants Act 1926 No 8***
Sydney Corporation (Amendment) Act 1934 No 9**
The King’s School Council (Amendment) Act 1963 No 24*
Public Hospitals (Amendment) Act 1976 No 95****
Sancta Sophia College Incorporation (Amendment) Act 1978 No 58*
Walker Trusts (Amendment) Act 1983 No 207*
Public Hospitals (Amendment) Act 1983 (1984 No 2)****
Miscellaneous Acts (Credit) Repeal and Amendment Act 1984 No 100*
Statute Law (Miscellaneous Amendments) Act 1984 No 153*
Statute Law (Miscellaneous Provisions) Act (No 2) 1987 No 209*
Miscellaneous Acts (Crown Lands) Amendment Act 1989 No 9*
Corporate Affairs Commission (Auditors and Liquidators) Amendment Act 1989 No 35*
Fair Trading (Amendment) Act 1990 No 85****
Liquor (Amendment) Act 1993 No 28****
Registered Clubs (Amendment) Act 1993 No 29****
Health Legislation (Miscellaneous Amendments) Act 1994 No 19**
Parliamentary Committees Legislation Amendment Act 1995 No 3**
Courts Legislation Amendment Act 1995 No 21**
Standard Time Amendment Act 1995 No 31**
Disorderly Houses Amendment Act 1995 No 53**
Government Pricing Tribunal Amendment Act 1995 No 97**
Children (Community Service Orders) Amendment (Maximum Hours) Act 1996 No 35**
Residential Tenancies Amendment Act 1996 No 79**
Community Land Development Amendment Act 1996 No 80**
Local Government Amendment (Nude Bathing) Act 1996 No 133**
Marketing of Primary Products Amendment Act 1996 No 136**
Parliamentary Committees Enabling Act 1996 No 143***
Local Government Amendment (Cudgegong Abattoir) Act 1997 No 1**
Sentencing Amendment (Transitional) Act 1997 No 8**
Police Service Amendment Act 1997 No 23**
Local Government Amendment Act 1997 No 61**
New South Wales Cancer Council Amendment Act 1997 No 69**
Noxious Weeds Amendment Act 1997 No 70**
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73**
Real Property and Conveyancing Amendment Act 1997 No 95**
Justices Amendment (Briefs of Evidence) Act 1997 No 96**
Evidence Amendment (Confidential Communications) Act 1997 No 122**
WorkCover Legislation Amendment Act 1997 No 134**
Crimes Legislation Further Amendment Act 1997 No 135**
Local Government Amendment (Open Meetings) Act 1997 No 145**
Summary Offences Amendment Act 1997 No 148**
Liquor and Registered Clubs Legislation Amendment Act 1997 No 155 (only so much of Schedule 2 [7] as would insert section 23AB (3) and (4) of the Liquor Act 1982)****
Marketing of Primary Products (Murray Valley Wine Grape Industry) Special Provisions Act 1998 No 22***
* indicates repeal of an amending Act enacted at least 10 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 that is no longer of practical utility
**** indicates repeal of an Act or part of an Act that is uncommenced
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.
(Section 5)
An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.
In this clause:
(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.
This clause ensures that certain amendments, including amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will commence on the date the amendments to which they relate commenced.
Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act, or
(b) repeals and re-enacts (with or without modification) a provision of an Act,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
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.
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, and in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.
This clause ensures that, unless expressly 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.
The amendments made to the Justices Act 1902 by Schedule 6 are made for the purpose of replacing gender-specific language with gender-neutral language. The amendments contained in that Schedule do not affect the construction or meaning of the Act.
This clause ensures that amendments that are made solely for the purpose of removing gender-specific language from the Justices Act 1902 do not have any unintended consequences.
The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later date.
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.
This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.
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