Statute Law (Miscellaneous Provisions) Act 2003 (NSW)
An Act to repeal certain Acts and provisions of Acts and certain statutory rules and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
This Act is the Statute Law (Miscellaneous Provisions) Act 2003.
This Act commences on the date of assent, except as provided by this section.
The amendments made by Schedules 1 and 2 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
The Acts and instruments specified in Schedules 1 and 2 are amended as set out in those Schedules.
Each Act and statutory rule specified in Schedule 3 is, to the extent indicated in that Schedule, repealed.
Schedule 4 has effect.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
(Section 3)
Anzac Memorial (Building) Act 1923 No 27Omit “The president of The Limbless Soldiers’ Association of NSW (Inc.),” from section 3 (1).
Omit “The Limbless Soldiers’ Association of NSW (Inc.),” from section 8 (3).
The proposed amendments omit from the Anzac Memorial (Building) Act 1923 references to an association that has been wound up.
Apprenticeship and Traineeship Act 2001 No 80Omit “or trainee” from section 15 (1) (f).
Insert at the end of the section:
As soon as practicable after an application is determined, the Commissioner must notify both the employer and the apprentice or trainee concerned of the determination.
Insert after section 20 (6):
As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following:
(a) the prospective employer,
(b) the apprentice or trainee concerned,
(c) the apprentice’s or trainee’s existing employer.
Insert after section 21 (6):
As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following:
(a) the employer,
(b) the apprentice or trainee concerned,
(c) in the case of an application to vary a training plan—the relevant registered training organisation.
Insert after clause 25:
Sections 18 (2), 20 (6A) and 21 (6A), as inserted by the Statute Law (Miscellaneous Provisions) Act 2003, extend to an application made, but not finally determined, under the section concerned before its amendment by that Act.
Item [1] of the proposed amendments omits unnecessary words.
Items [2]–[4] of the proposed amendments require the Commissioner for Vocational Training to notify applicants and other interested parties of the outcome of the following applications made under the Apprenticeship and Traineeship Act 2001 (
(a) applications for the extension of an apprentice’s or trainee’s probationary period,
(b) applications for approval to the transfer of an apprenticeship or traineeship,
(c) applications for the variation of a training contract or a training plan under the Act.
Item [5] of the proposed amendments inserts a transitional provision.
Art Gallery of New South Wales Act 1980 No 65Insert after clause 4 (4):
For the purposes of subclause (3) only, an appointment under subclause (4) does not constitute (and is taken never to have constituted) an appointment for a term of office.
Omit the subclause.
Omit clause 7 (d). Insert instead:
becomes a mentally incapacitated person,
Clause 4 (4) of Schedule 1 to the Art Gallery of New South Wales Act 1980 (
Trustees are eligible for re-appointment on expiration of their terms of office. However, clause 4 (3) prevents a trustee from holding office for four consecutive terms.
Item [1] of the proposed amendments amends clause 4 so as to provide that an appointment for the balance of the term of a trustee’s predecessor (during which time the trustee holds office in place of that predecessor) is taken not to be an appointment for a term of office of the trustee concerned (but only for the purposes of calculating the trustee’s consecutive terms of office).
Similar amendments are proposed to be made, elsewhere in this Schedule, to other legislation within the Arts portfolio.
Clause 4 (5) of Schedule 1 to the Act provides that the appointment of a trustee, other than a trustee appointed under clause 4 (4) as referred to above (that is, a trustee appointed to fill a casual vacancy), takes effect on 1 January of the year following the year in which the appointment is made. Clause 4 (5) was intended to assist an orderly turnover or re-appointment of trustees at the same time each year, and so trustees are usually appointed for a term that expires on 31 December in their final year of office.
However, if a nominee declines appointment or re-appointment late in the year and another nominee is not appointed until (say) 3 January, that appointment will not take effect until 1 January in the year following. Consequently, the Trust will be one trustee short for the best part of a year, which could give rise to various difficulties (such as forming a quorum for meetings, since the Act provides that a specified number of trustees, and not a majority of the trustees for the time being, constitutes a quorum).
To overcome such difficulties, item [2] of the proposed amendments repeals clause 4 (5). It will still be possible for the trustees’ terms to expire concurrently, as a trustee’s term of office is specified in the trustee’s instrument of appointment.
Similar amendments are proposed to be made, elsewhere in this Schedule, to such of the other legislation within the Arts portfolio as contains a provision to the effect of clause 4 (5).
Item [3] of the proposed amendments updates outdated terminology.
Australian Museum Trust Act 1975 No 95Insert after clause 3 (3):
For the purposes of subclause (2) only, an appointment under subclause (3) does not constitute (and is taken never to have constituted) an appointment for a term of office.
Omit the subclause.
Omit clause 7 (d). Insert instead:
becomes a mentally incapacitated person,
Item [1] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [2] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [2] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [3] of the proposed amendments updates outdated terminology.
Banana Industry Act 1987 No 66Insert after clause 1 (2):
For the purposes only of ensuring that there are at all times the requisite number of regional members on the Committee, the Minister may, at any time, by written notice given to a regional member, extend or reduce the period of the member’s term of office.
Currently, there are 6 regional members of the Banana Industry Committee (
Elections for 2 of the 6 regional members are usually held on 29 September in each year. However, if an election is held late (for example, on 29 October), there will be a period during which the Committee will be short of 2 regional members.
The proposed amendment permits the Minister, for the purpose only of rectifying such a situation, to extend or reduce a regional member’s term of office.
Children and Young Persons (Care and Protection) Act 1998 No 157Omit the last sentence of the Note to the definition of
Omit “welfare” from section 13 (1) (d) (ii).
Omit “Minister” wherever occurring. Insert instead “Director-General”.
Omit “Minister’s” from section 220 (n).
Insert instead “Director-General’s”.
Item [1] of the proposed amendments omits from a Note in the text of the Children and Young Persons (Care and Protection) Act 1998 (
Section 13 (1) (d) (ii) of the Act requires the Director-General of the Department of Community Services (
Chapter 12 (sections 199–220) of the Act deals with children’s services, which are required to be licensed. Applications for licences, the granting or refusal of licences, the revocation of licences and the substitution of licensees on the death of a licensee are dealt with by the Director-General (see sections 206, 207, 211 and 212 of the Act). However, some provisions of Chapter 12 (for example, section 209, which deals with conditions to which licences are subject) incorrectly refer to the Minister, rather than the Director-General. Items [3] and [4] of the proposed amendments correct those incorrect references.
Chiropractors Act 2001 No 15Omit section 111 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments recasts a provision of the Chiropractors Act 2001 (
Schedule 1 to the Act deals with the procedures for registration of a person as a chiropractor. Part 3 of that Schedule permits the Chiropractors Registration Board (
Item [2] of the proposed amendments provides for the duty imposed by clause 11 to be carried out by the Registrar of the Board, rather than the President. Similar amendments to other legislation dealing with health professionals are proposed to be made elsewhere in this Schedule.
Community Services (Complaints, Reviews and Monitoring) Act 1993 No 2Ombudsman Act 1974Insert after section 24 (2):
However, the Ombudsman Act 1974 as applied by this section applies, in relation to a complaint made under this Act about the conduct of a service provider that is not a government agency (and in relation to any conduct of such a service provider), subject to any modifications prescribed by the regulations.
Section 24 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (
The proposed amendment permits regulations made under the Monitoring Act to modify that application of the Ombudsman Act 1974 in relation to service providers that are not government agencies. A similar provision exists in respect of the application of certain provisions of the Ombudsman Act 1974 in relation to the exercise of certain functions, and the conduct of certain reviews, under that Act.
Crimes (Local Courts Appeal and Review) Act 2001 No 120Insert after section 5 (1):
An application under this section may be made at any time after the relevant conviction or sentence is made or imposed.
Insert “being an offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority),” before “but only” in section 43 (1).
Insert after section 43 (1):
The Environment Protection Authority may appeal to the Land and Environment Court against:
(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or
(b) an interlocutory order that has been made by a Local Court in relation to a person in summary proceedings with respect to an environmental offence,
being an offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.
Insert “or (1A) (a) or (b)” after “section 43 (1) (a) or (b)” in section 48 (2).
Insert “or (1A) (a) or (b)” after “section 43 (1) (a) or (b)” in section 49 (3).
Item [1] of the proposed amendments amends section 5 of the Crimes (Local Courts Appeal and Review) Act 2001 (
Item [3] of the proposed amendments inserts a new subsection (1A) into section 43 of the Act so as to enable the Environment Protection Authority to appeal to the Land and Environment Court against certain orders made by a Local Court with respect to an environmental offence for which proceedings have been prosecuted by the Environment Protection Authority. This power parallels a similar power that is exercisable by the Director of Public Prosecutions. Item [2] restricts the power of the Director of Public Prosecutions to environmental offences for which proceedings have been prosecuted by or on behalf of a public authority other than the Environment Protection Authority. Items [4] and [5] are consequential amendments.
Criminal Procedure Act 1986 No 209Criminal Procedure Amendment (Justices and Local Courts) Act 2001Omit “summary criminal proceedings” from section 16 (2).
Insert instead “criminal proceedings (including committal proceedings) in a Local Court or for any other offence that is to be dealt with summarily”.
Omit “prosecuting authority” from section 20 (1).
Insert instead “prosecutor”.
Insert after section 91 (6):
If a person attends to give oral evidence because of a direction under this section, the Magistrate must not allow the person to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Magistrate is satisfied that there are substantial reasons why, in the interests of justice, the person should be cross-examined in respect of those matters.
Insert after section 182 (3):
This section does not apply to an accused person who has been granted or refused bail or in relation to whom bail has been dispensed with.
Omit “pleads not guilty” from section 194 (1).
Insert instead “pleads not guilty or fails or refuses to make a plea”.
Omit “must be given under the seal of the person issuing it” from section 236 (3).
Insert instead “must be signed by the person issuing it and sealed with the seal of the court to which the person issuing it is attached”.
Omit section 253 (1) (b).
Insert after section 253 (1):
A court may, if the court makes an order dismissing the charge for an offence, in and by that order, order the prosecutor to pay to the accused person such costs as the court specifies or, if the order directs, as may be determined under subsection (2).
Omit “prosecuting authority” wherever occurring.
Insert instead “prosecutor”.
Omit “this Act” where secondly occurring.
Omit “this Act” where secondly occurring in section 262 (1).
Omit “Section 187”. Insert instead “Section 179”.
Omit “Chapter” where secondly occurring. Insert instead “Part”.
Omit “
Insert instead “
The Criminal Procedure Amendment (Justices and Local Courts) Act 2001 (the
Item [1] makes it clear that the provision preventing objections to indictments in summary criminal proceedings on grounds relating to defects of substance or form or other variances (being a re-enactment of sections under the former Act and the Supreme Court (Summary Jurisdiction) Act 1967) applies to all criminal proceedings in a Local Court and any other proceedings in which an offence is dealt with summarily. This preserves the effect of the re-enacted provisions.
Item [3] reinstates the effect of section 41 (10) of the former Act which prevented an accused person in committal proceedings who had been required to attend to give evidence at the proceedings from being cross-examined on matters that were not the basis of the reasons for the person being directed to give evidence unless the Magistrate was satisfied that there were substantial reasons why, in the interests of justice, the person should be so cross-examined.
Item [4] reinstates the effect of section 75 of the former Act. Under that provision, a defendant who was issued a summons or a court attendance notice was able to plead guilty or not guilty by lodging a notice in writing. This did not include defendants dealt with under the Bail Act 1978 who were dealt with by information or complaint. The proposed amendment excludes from the category of persons who may lodge written pleas a person who has been refused or granted bail or in relation to whom bail has been dispensed with.
Item [5] reinstates the effect of section 78 of the former Act. Under that provision, a Magistrate was required to proceed to hear and determine proceedings for an offence as if a person had pleaded not guilty if the person did not admit the truth of an information or complaint. The proposed amendment requires a court to proceed to hear and determine a matter if the person pleads not guilty or refuses or fails to make a plea.
Item [6] replaces the requirement to give an arrest warrant under the seal of the person issuing it with a requirement that the warrant be signed by the person issuing it and sealed with the seal of a court. This is necessary because not all persons issuing warrants have a seal.
Item [8] reinstates the right of an accused person in summary criminal proceedings in the Supreme Court, the Land and Environment Court, and other courts currently covered by the Supreme Court (Summary Jurisdiction) Act 1967 (see section 14 of that Act), to obtain an order for costs if the court makes an order dismissing the charge for an offence. In consequence, item [7] omits a paragraph incorrectly included in section 253 (1) of the Criminal Procedure Act 1986. (That paragraph would have permitted a court to make an order for costs against an accused person if the court makes an order dismissing the relevant charge against the person. In such a case, any cost order is properly for payment by the prosecutor to the accused, as now provided for by the amendment made by item [8].)
The amending Act altered references to “prosecuting authority” to “prosecutor”. For consistency, items [2], [9] and [14] make the same amendment to the remaining references to “prosecuting authority”.
Items [10] and [11] omit duplicated words.
Item [12] corrects an incorrect cross-reference.
Item [13] reinstates a reference to a Part of the Crimes Act 1900 that was inadvertently changed to a reference to a Chapter.
Dental Practice Act 2001 No 64Omit section 132 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments recasts a provision of the Dental Practice Act 2001 (
Item [2] of the proposed amendments makes the same amendment in relation to the President and Registrar of the Dental Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as a dentist or dental auxiliary as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Discharged Servicemen’s Badges Act 1964 No 49Omit “Limbless Soldiers Association, New South Wales.”
The proposed amendment removes from the Discharged Servicemen’s Badges Act 1964 a reference to an association that has been wound up.
Environmental Planning and Assessment Act 1979 No 203Insert after section 34 (5):
Subsection (5) does not prevent an environmental planning instrument from specifying different days for the commencement of different provisions of the instrument.
Neither the whole nor any part of an environmental planning instrument is invalid merely because the instrument is published in the Gazette after the day on which one or more of its provisions is expressed to take effect. In that case, the provisions concerned take effect on and from the day the instrument is published in the Gazette, instead of on and from the earlier day.
Insert after section 72 (3):
A State environmental planning policy, or a regional environmental plan, may provide that a development control plan under this section that applies to land to which the environmental planning instrument concerned applies is of no effect (whether the development control plan took or takes effect before or after the instrument) to the extent that the development control plan provides for any specified matters for which the instrument provides.
Omit “under this section” wherever occurring in section 96 (1A) (b) and (2) (a).
Omit section 96 (4). Insert instead:
The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.
Insert “application for the” before “proposed modification” where secondly occurring.
Omit “council”. Insert instead “consent authority and not the Court”.
Omit “under this section” from section 96AA (1) (a).
Insert after section 96AA (1):
In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.
Development consent of the kind referred to in section 79B (3) is not to be modified unless the requirements of section 79B (3)–(7) have been complied with in relation to the proposed modification as if the application for the proposed modification were an application for development consent.
The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.
Insert after section 105 (1) (p):
procedural matters in relation to the review, under section 82A, of determinations,
Renumber the section as section 124AA.
Insert after section 157 (1) (e):
, or
procedural matters in relation to the making of local environmental plans.
Omit “1 July 2003” wherever occurring in clauses 40 (4) and 41 (3).
Insert instead “1 July 2004”.
Insert at the end of the Schedule (with appropriate Part and clause numbers):
In this Part,
Section 96 (8), as in force before the amendment made to that subsection by the 2003 amending Act, applies in respect of an application for a modification of a development consent made before the commencement of that amendment.
Section 96AA (1A) and (1B), as inserted by the 2003 amending Act, apply only in respect of an application for a modification of a development consent made on or after the commencement of those subsections.
Section 96AA (1C), as inserted by the 2003 amending Act, extends to a modification (of a development consent) granted before the commencement of that subsection.
Section 34 (5) of the Environmental Planning and Assessment Act 1979 (
Item [1] of the proposed amendments inserts two further subsections in section 34. Section 34 (5A) permits different provisions of an environmental planning instrument to commence on different days. Section 34 (5B) makes it clear that publication in the Gazette after the date on which an environmental planning instrument is expressed to commence does not invalidate the instrument.
The new subsections generally parallel provisions of the Interpretation Act 1987 that apply to statutory rules.
Section 79C of the Act requires a consent authority, in determining an application for development consent, to take into consideration (among other things) the provisions of any development control plan (
Section 36 of the Act deals with inconsistencies between
Section 96 of the Act provides for the modification of development consents by consent authorities generally, and section 96AA (which was inserted by the Land and Environment Court Amendment Act 2002 (
Item [3] of the proposed amendments omits the words “under this section” from section 96 (1A) (b) and (2) (a), and item [7] omits those words from section 96AA (1) (a).
The provisions of section 96AA generally parallel those of section 96, but there is currently no equivalent in section 96AA of section 96 (3), (4) or (5).
For consistency in the provisions governing consent authorities’ modifications of development consents, item [8] of the proposed amendments inserts the equivalent of section 96 (3)–(5) in section 96AA.
Items [4] and [5] of the proposed amendments make minor changes to the wording of section 96 (4) and (5) by way of statute law revision.
The LEC Act also enacted section 96 (8), which extends the provisions of section 96 (subject to the regulations) so as to enable the Court to modify development consents granted by it. Section 96 (8) also provides that, in the extension of the other provisions of section 96, certain functions imposed on a consent authority are to be exercised, not by the Court, but by “the relevant council”.
Item [6] of the proposed amendments amends section 96 (8) so as to provide that, in the extension of the other provisions of section 96, certain functions imposed on a consent authority are to be exercised, not by the Court, but by the relevant consent authority (which may or may not be the council).
Section 157 of the Act contains the standard general power to make regulations “for or with respect to any matter.......................that is necessary or convenient to be prescribed for carrying out or giving effect to this Act”. Section 157 also specifies certain particular matters “for or with respect to” which regulations may be made, as do various other sections of the Act, including section 105.
Items [9] and [11] of the proposed amendments add to the particulars in sections 105 and 157, respectively, to remove any doubt that the general regulation-making power extends to the matters so particularised.
The use of buildings and temporary structures as places of public entertainment and the installation of temporary structures on land are both matters that require approvals under the Local Government Act 1993 and are subject to conditions imposed on such approvals by regulations made under that Act. The Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 removes the requirement for those approvals and, instead, permits the matters to be regulated under the Environmental Planning and Assessment Act 1979. Transitional provisions preserve the conditions of existing approvals until 1 July 2003 (subject to the regulations under the latter Act).
As the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 (or certain provisions of that Act) may not commence until after 1 July 2003, item [12] of the proposed amendments extends the operation of the transitional provisions until 1 July 2004.
Item [13] of the proposed amendments inserts savings and transitional provisions consequent on certain of the amendments referred to above.
Item [10] of the proposed amendments corrects duplicated numbering.
Film and Television Office Act 1988 No 18Insert after clause 2 (2):
For the purposes of subclause (2) only, if:
(a) a person is appointed under clause 6 to fill the office of a member that has become vacant otherwise than by the expiration of the member’s term of office, and
(b) the person is appointed for the balance of his or her predecessor’s term of office,
the appointment does not constitute (and is taken never to have constituted) an appointment for a term of office.
The proposed amendment makes an amendment equivalent to that proposed to be made by item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Fisheries Management Act 1994 No 38Insert “, or class,” after “a species” in section 217 (1).
Insert “, or class,” after “any species”.
Omit “fish of a species”. Insert instead “fish of a class or species”.
When amended by certain uncommenced provisions of the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000, section 217 of the Act will prohibit the importation into New South Wales of live fish of a species to which the section applies (unless the importation is authorised by a permit issued by the Minister). Section 217 (3) will provide that the section applies to any species of fish other than (among others) “fish of a species, or class of species,” exempted from the operation of the section by the regulations.
The proposed amendments amend section 217, with effect from the commencement of the amendments made to it by the Fisheries Management and Environmental Assessment Legislation Amendment Act 2000, so as to refer throughout to fish of a “class”, as well as fish of a species. This will permit the regulations to exempt from the operation of the section fish of a species whose live importation is prohibited if the fish, for example, are to be used for a particular purpose (such as to be displayed in an aquarium).
Health Administration Act 1982 No 135Omit section 21 (12). Insert instead:
This section does not authorise the delegation of any of the following powers:
(a) the power to give an approval for the purposes of section 23 (3) (b) of this Act,
(b) the power to conduct an inquiry referred to in section 123 of the Health Services Act 1997,
(c) the power to make determinations under section 127 (3) of the Health Services Act 1997.
Section 21 of the Health Administration Act 1982 provides for the delegation of the functions of the Minister for Health, the Director-General of the Department of Health, and the Health Administration Corporation. Section 21 (12) currently provides that section 21 does not authorise the delegation of two powers (those set out in paragraphs (a) and (b) of the proposed amendment). The proposed amendment repeals and re-enacts section 21 (12) so as to provide that another power is non-delegable.
The power concerned is the Minister’s power to determine (after considering any recommendations on the subject from the Director-General) what amounts of money (if any) should be paid out of money appropriated from the Consolidated Fund in any financial year to area health services, statutory health corporations and affiliated health organisations.
Health Professionals (Special Events Exemption) Act 1997 No 90Omit the following from the definition of
Chiropractors and Osteopaths Act 1991
Physiotherapists Registration Act 1945
Psychologists Act 1989
Insert in alphabetical order:
Chiropractors Act 2001
Dental Practice Act 2001
Optometrists Act 2002
Osteopaths Act 2001
Physiotherapists Act 2001
Psychologists Act 2001
Insert after section 9 (3):
In addition to any condition imposed by an order under section 5 or by the regulations, it is a condition of the provision of health care services by a visiting health professional that the visiting health professional must not, in the course of providing such services, possess or supply any substance that cannot be possessed or supplied by any local health professional under the Drug Misuse and Trafficking Act 1985 or the Poisons and Therapeutic Goods Act 1966.
In subsection (4),
Items [1] and [2] of the proposed amendments update references to repealed Acts and insert references to two Acts that are to replace Acts that are not yet repealed.
Item [3] of the proposed amendments inserts in the Health Professionals (Special Events Exemption) Act 1997 (
There remains power under the Health Professionals (Special Events Exemption) Act 1997 to make other regulations imposing further conditions on the provision of health care services by visiting health professionals.
Historic Houses Act 1980 No 94Insert after clause 3 (2):
For the purposes of subclause (3) only, an appointment under subclause (2) does not constitute (and is taken never to have constituted) an appointment for a term of office.
Omit the subclause.
Omit clause 7 (d). Insert instead:
becomes a mentally incapacitated person,
Item [1] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [2] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [2] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [3] of the proposed amendments updates outdated terminology.
Home Building Act 1989 No 147Insert “and at such other places and times as the Director-General thinks fit” after “hours of business” in section 120 (2).
Insert after section 120 (2):
The Director-General may make a copy of the register available for inspection on the internet site maintained by the Department of Fair Trading.
Currently the register containing particulars of licences, supervisor and tradesperson certificates and owner-builder permits that is maintained under section 120 of the Home Building Act 1989 is available to be inspected at the principal office of the Department of Fair Trading. The proposed amendments permit the Director-General of the Department of Fair Trading to make the register available at other places, including on-line.
Hunter Water Act 1991 No 53Omit “initial” from section 35 (1).
Omit the subsections.
Omit “set out in the notice”.
Insert “or summarising” after “setting out” in section 38 (1).
Insert “or summarised” after “set out”.
Insert after section 38 (3):
Subsections (1)–(3) do not apply to the variation of the terms and conditions of a customer contract to the extent that the variation relates to alteration of the level of fees or charges and the alteration is in accordance with a determination of the Independent Pricing and Regulatory Tribunal.
Following variation of a customer contract, copies of the contract and explanatory material concerning the contract are to be made available to the public in such manner as the operating licence may provide.
Insert after section 70 (5) (b):
in the case of drought or accident, or if the Minister is for some other reason of the opinion that it is necessary in the public interest and for the purpose of maintaining water supply—the restriction or regulation of the supply and use of water in the area of operations, and
Section 35 (1) of the Hunter Water Act 1991 (
At present, section 38 (1) of the Act provides that the terms and conditions of a customer contract may (subject to the approval of the Governor) be varied by the Corporation by publishing, in a daily newspaper circulating in the area of operations, a notice “setting out” the variation at least 6 months (or a shorter period to which the Minister agrees) before the variation becomes effective. Item [4] of the proposed amendments enables that notice to summarise the variation as an alternative to setting it out in full. Item [5] makes a consequential amendment.
Item [6] of the proposed amendments inserts two new subsections in section 38. The new subsection (4) is equivalent to section 59 (4) of the Sydney Water Act 1994, which provides that section 59 (which is otherwise equivalent to section 38) does not apply to a variation of a customer contract to the extent that the variation relates to alteration of the level of fees or charges and the alteration is in accordance with a determination of the Independent Pricing and Regulatory Tribunal. The new subsection (5) requires copies of a customer contract that has been varied (including one varied in accordance with a determination of the Independent Pricing and Regulatory Tribunal), together with explanatory material concerning the contract, to be made available to the public in such manner as the operating licence may provide.
Similar amendments are proposed to be made, elsewhere in this Schedule, to the Sydney Water Act 1994 (apart from the insertion of a provision equivalent to the new section 38 (4)).
Section 35 (2) of the Act requires the Corporation, before the commencement of section 36 (Owner of land taken to have entered into customer contract), to publish in a daily newspaper circulating in the
Section 35 (3) of the Act requires the terms and conditions set out in the notice to include specified particulars, and section 35 (4) provides that the terms and conditions set out in the notice must be in a form specified by or authorised under the operating licence.
Section 35 (2) is spent and may be repealed. Consequently, section 35 (4) may also be repealed. Item [2] of the proposed amendments effects those repeals.
However, rather than repealing section 35 (3), item [3] of the proposed amendments merely omits the words “set out in the notice” from that subsection. The effect of this is that section 35 (3) now relates to the terms and conditions set out in the customer contract referred to in section 35 (1). This renders section 35 consistent with the equivalent section (section 54) of the Sydney Water Act 1994.
Item [7] of the proposed amendments inserts a provision to permit the making of regulations for or with respect to the restriction or regulation of the supply and use of water in the area of Hunter Water’s operations in the case of drought or accident or if the Minister is for some other reason of the opinion that there is a necessity for such regulations in the public interest and for the purpose of maintaining water supply. There is an identical provision in the Sydney Water Act 1994.
Judges’ Pensions Act 1953 No 41Insert after section 16:
For the purposes of the family law superannuation legislation, the accrued benefit multiple of a judge or retired judge is the period (in years and parts of years) that the judge or retired judge served as a judge in his or her judicial office.
In this section:
Under Part VIIIB of the Family Law Act 1975 of the Commonwealth, provision is made for the splitting of superannuation entitlements as part of the division of property associated with family law proceedings. A split may occur as a result of a court order or an agreement. That Part applies to State statutory superannuation schemes, and to the trustees and administrators of those schemes, as well as to other superannuation schemes regulated under Commonwealth legislation.
The superannuation scheme established under the Judges’ Pensions Act 1953 is classified as a percentage-only scheme for the purposes of the Commonwealth legislation. The result of this is that payments of superannuation entitlements to spouses or former spouses of judges or former judges resulting from family law proceedings can only take place when a pension is payable to a judge or retired judge and also that the amount payable to a spouse or former spouse is determined with respect to a specified percentage of the relevant proportion of the superannuation interest of the judge or retired judge. The Family Law (Superannuation) Regulations 2001 of the Commonwealth set out the methods for calculating individual payments. The method requires the governing rules of each percentage-only scheme to specify the accrued benefit multiple. The purpose of the amendment is to specify the judge or retired judge’s period of service as the accrued benefit multiple so as to enable calculation of payments under those Regulations.
Justices Legislation Repeal and Amendment Act 2001 No 121Omit the item.
Omit the item. Insert instead:
Omit “Justice” wherever occurring in section 562C (1).
Insert instead “justice of the peace”.
The Justices Legislation Repeal and Amendment Act 2001 contains amendments to Acts consequential on the repeal and re-enactment of the Justices Act 1902. Schedule 2.72 of that Act amends the Crimes Act 1900. Among other things, those amendments replace references to “justices” (defined, by a provision in the Crimes Act 1900 that is to be repealed, as meaning “a Justice of the Peace”) and “authorised justices” with references to “authorised officers” (within the meaning of the new definition of that term to be inserted in the Criminal Procedure Act 1986). That category of officers is more restrictive than the current category of officers exercising functions in relation to apprehended domestic violence orders.
Item [1] of the proposed amendments removes an amendment that would have replaced a reference to “a justice of the peace who is employed in the Attorney General’s Department” with a reference to “an authorised officer”.
Item [2] of the proposed amendments replaces an amendment that would have replaced a reference to a “Justice” with a reference to a “Magistrate or authorised officer” and, instead, replaces it with a reference to a “justice of the peace”.
In so doing, the proposed amendments maintain the current position in relation to persons who have functions in relation to apprehended domestic violence orders.
Law and Justice Foundation Act 2000 No 97Insert after section 19 (3):
If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.
The report:
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
Section 19 of the Law and Justice Foundation Act 2000 requires the Attorney General to lay the annual report of the Law and Justice Foundation of New South Wales before both Houses of Parliament as soon as practicable after receiving it.
The proposed amendment amends section 19 so as to permit the Attorney General to table the annual report even if a House of Parliament is not sitting when the Attorney General seeks to do so.
Library Act 1939 No 40Omit “subclauses (2) and (3)” from clause 3 (1).
Insert instead “subclause (3)”.
Insert after clause 3 (5):
For the purposes of subclause (5) only, an appointment under subclause (3) does not constitute (and is taken never to have constituted) an appointment for a term of office.
Omit the subclause.
Omit clause 7 (d). Insert instead:
becomes a mentally incapacitated person,
Item [2] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [3] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [2] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [1] of the proposed amendments omits a cross-reference to a repealed subclause.
Item [4] of the proposed amendments updates outdated terminology.
Licensing and Registration (Uniform Procedures) Act 2002 No 28Insert the following at the end of the matter under the heading “Pawnbrokers and Second-hand Dealers Act 1996”:
section 9 (1) (c), combined pawnbroker’s and second-hand dealer’s licence
The proposed amendment is consequential on the amendment proposed to be made to the Pawnbrokers and Second-hand Dealers Act 1996 elsewhere in this Schedule. That amendment provides for combined pawnbrokers’ and second-hand dealers’ licences.
Local Courts Act 1982 No 164Omit “function of making” from section 10B (2) (b).
Insert instead “functions of a Local Court to make”.
Omit the paragraph.
Omit the paragraph. Insert instead:
the function of remitting or postponing payment of any fees provided for under section 28 (2),
Omit section 10D (1) (a). Insert instead:
the remitting or postponement of any fees provided for under section 28 (2),
Omit “70 years” from section 13 (1) (a). Insert instead “72 years”.
Omit “70 years” from section 21 (1). Insert instead “72 years”.
Insert after section 64 (1):
An application or appeal may not be made under subsection (1) in relation to an order referred to in that subsection if the making of such an application or appeal is prohibited by the Act or law pursuant to which the order is made.
Insert after section 64 (4):
In this section, a reference to an order includes a reference to any determination that a Local Court has jurisdiction to make, and any penalty that a Local Court has jurisdiction to impose, as referred to in section 35.
Item [2] of the proposed amendments removes an anomaly by omitting one of two paragraphs in section 10B (2) of the Local Courts Act 1982 (
Item [1] makes a consequential amendment to the retained paragraph.
Schedule 1.5 [1] to the Courts Legislation Miscellaneous Amendments Act 2002 inserted section 28 (2) in the Act to reinstate a provision relating to fees payable in respect of certain proceedings and applications in a Local Court.
Item [3] of the proposed amendments confers on the registrar the function of remitting or postponing payment of any such fees.
Item [4] repeals and re-enacts section 10D (1) (a) of the Act to ensure that guidelines that may be made under section 10D (1) extend to all fees contemplated by section 28 (2).
The Judicial Officers Act 1986 was amended by the Courts Legislation Further Amendment Act 2001 to increase the retirement age for Magistrates to 72 years.
For consistency, items [5] and [6] of the proposed amendments amend sections 13 and 21 of the Act so as to provide that a Magistrate appointed for a limited tenure may be appointed for a term that does not continue past the date on which the Magistrate will attain the age of 72 years, and that certain Magistrates who have retired may be reinstated for a similar term. At present, neither term may continue past the date on which the Magistrate attains the age of 70 years.
Item [7] of the proposed amendments inserts a new subsection (1A) into section 64 of the Act so as to ensure that the rights of appeal and review conferred by that section do not override the provisions of any other Acts that restrict rights of appeal or review in relation to particular matters.
Item [8] of the proposed amendments inserts a new subsection (5) into section 64 of the Act so as to ensure that references in that section to an order include references to the determinations that a Local Court can make, and the penalties that a Local Court can impose, under Part 6 of the Act.
Local Government Act 1993 No 30Omit section 429A (1). Insert instead:
A public official within the meaning of the Protected Disclosures Act 1994 may complain to the Director-General about the conduct of any one or more of the following:
(a) a council,
(b) a delegate of a council,
(c) a councillor,
(d) a member of staff of a council.
At present, section 429A of the Local Government Act 1993 (
The proposed amendment elucidates the meaning of “officer of a council” to make it clear that complaints may be made about the conduct of councillors, delegates of councils and members of staff of councils. A similar amendment is proposed to be made to the Protected Disclosures Act 1994 elsewhere in this Schedule.
By operation of section 400 of the Act, section 429A extends to cover county councils and their members, delegates and staff.
Meat Industry Act 1978 No 54Omit section 6B (2).
Insert after section 75A:
Proceedings for an offence against this Act may be dealt with before a Local Court or before the Supreme Court in its summary jurisdiction.
Proceedings for an offence against the regulations are to be disposed of in a summary manner before a Local Court.
The maximum pecuniary penalty that may be imposed by a Local Court in proceedings for an offence against this Act is 50 penalty units or the maximum penalty provided by this Act in respect of the offence, whichever is the lesser.
If proceedings for an offence against this Act are brought before the Supreme Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.
The Meat Industry Act 1978 (
Item [1] of the proposed amendments repeals section 6B (2) so as to permit the branding requirements to be retained indefinitely.
One of the provisions of the Act repealed by the Safety Act was section 76, which, among other things, specified the forum in which proceedings for offences against the Act or the regulations made under the Act might be taken.
As the Act still creates certain offences (and the regulations are capable of doing so), item [2] of the proposed amendments re-enacts so much of the repealed section 76 as is necessary to permit proceedings for the offences to be taken.
Medical Practice Act 1992 No 94Omit section 161 (4). Insert instead:
Schedule 2 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit section 176 (4). Insert instead:
Schedule 2 has effect with respect to the conduct of any inquiry by a Committee.
Omit “President” from clause 11. Insert instead “Registrar”.
Items [1] and [2] of the proposed amendments recast certain provisions of the Medical Practice Act 1992 (
Item [3] of the proposed amendments makes the same amendment in relation to the President and Registrar of the New South Wales Medical Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as a medical practitioner as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Mental Health Act 1990 No 9Insert at the end of section 228 (4):
, or
The Royal Alexandra Hospital for Children.
Section 228 of the Mental Health Act 1990 requires the appointment of official visitors to each
The proposed amendment adds The Royal Alexandra Hospital for Children (also a statutory health corporation) to the meaning of
Insert after section 4 (5):
For the purposes of subsection (4) only, an appointment under subsection (5) does not constitute (and is taken never to have constituted) an appointment for a term of office.
Omit the subsection.
Item [1] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
Item [2] of the proposed amendments makes an amendment equivalent to that proposed to be made by item [2] of the proposed amendments to the Art Gallery of New South Wales Act 1980 elsewhere in this Schedule.
National Parks and Wildlife Act 1974 No 80Omit “an state conservation area” and “An state conservation area” wherever occurring.
Insert instead “a state conservation area” and “A state conservation area”, respectively.
Omit section 72 (1) (c). Insert instead:
shall cause a plan of management to be prepared for each historic site, nature reserve, karst conservation reserve or national park reserved after the commencement day, as soon as practicable after the reservation,
Omit section 118B (4). Insert instead:
It is a defence to a prosecution for an offence against this section if the accused proves that the act constituting the alleged offence:
(a) was authorised to be done, and was done in accordance with, a general licence under section 120, a licence under section 131, 132 or 132A, a scientific licence under section 132C or a licence granted under Part 6 of the Threatened Species Conservation Act 1995, or
(b) was the subject of a certificate issued under section 95 (2) of the Threatened Species Conservation Act 1995.
Renumber the section as section 153C.
Item [1] of the proposed amendments corrects incorrect indefinite articles arising from the replacement of words by previous amendments.
Item [2] of the proposed amendments repeals and re-enacts section 72 (1) (c) of the National Parks and Wildlife Act 1974 (
Item [3] of the proposed amendments repeals and re-enacts section 118B (4) of the Act so as to afford a person accused of an offence under section 118B (Buying, selling or possessing threatened species or endangered population) an additional defence to those already available. The defence concerned is currently available to persons accused of offences under sections 118A (Harming or picking threatened species, endangered populations or endangered ecological communities), 118C (Damage critical habitat) and 118D (Damage habitat of threatened species, endangered population or endangered ecological community) of the Act.
The additional defence is that the act constituting the alleged offence was the subject of a certificate issued under section 95 (2) of the Threatened Species Conservation Act 1995—that is, a certificate to the effect that a licence under the latter Act is not required in respect of a particular action.
Item [4] of the proposed amendments corrects duplicated numbering.
Nurses Act 1991 No 9Omit section 52 (5). Insert instead:
Schedule 2 has effect with respect to the conduct of any inquiry by a Committee.
Omit section 61 (4). Insert instead:
Schedule 2 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
The proposed amendments recast certain provisions of the Nurses Act 1991 so as to clarify their meaning. Similar amendments to other legislation dealing with health professionals are proposed to be made elsewhere in this Schedule.
Ombudsman Act 1974 No 68Omit section 25D (2).
Insert at the end of the section:
The Ombudsman may also furnish any or all of the information referred to in subsection (1) to any other public authority, and may make such comments (if any) to that public authority as the Ombudsman considers appropriate, if:
(a) the Ombudsman is satisfied that the information concerned is relevant to the functions, policies, procedures or practices of that other public authority, and
(b) the information does not disclose any personal information (within the meaning of the Privacy and Personal Information Protection Act 1998).
Renumber section 34 (1) (b1) as section 34 (1) (b3).
Insert after section 34 (1) (b):
to a police officer, the Department of Community Services or any other public authority that the Ombudsman considers appropriate in the circumstances if the information relates to the safety, welfare or well-being of a particular child or young person (or a class of children or young persons),
to any person if the Ombudsman believes on reasonable grounds that disclosure to that person is necessary to prevent or lessen the likelihood of harm being done to any person (but only if the Ombudsman also believes on reasonable grounds that there is a risk of harm (including self-harm) being done to any person),
At present, section 31AC of the Ombudsman Act 1974 (
Item [2] of the proposed amendments extends section 31AC so as to permit the Ombudsman to furnish to any other public authority such of that information as is relevant to the functions, policies, procedures or practices of that other public authority, provided that the information does not disclose any
Section 34 of the Act prohibits the disclosure by the Ombudsman or an officer of the Ombudsman of any information obtained in the course of office unless the disclosure is made in the circumstances set out in that section. Item [4] of the proposed amendments specifies two further circumstances (as section 34 (1) (b1) and (b2)) in which such a disclosure may be made. Item [3] renumbers the existing section 34 (1) (b1) as section 34 (1) (b3) to permit the insertion of the new paragraphs.
The first circumstance concerns information relating to the safety, welfare or well-being of a particular child or young person (or a class of children or young persons). In that case, the information may be disclosed to a police officer, the Department of Community Services or any other public authority that the Ombudsman considers appropriate in the circumstances. In consequence of this authorisation to disclose that information, item [1] of the proposed amendments repeals section 25D (2), which currently authorises the disclosure to police officers, other relevant investigative agencies and the Commission for Children and Young People of information about child abuse obtained under Part 3A of the Act.
The second circumstance arises when the Ombudsman believes on reasonable grounds that the disclosure to a particular person (for example, a police officer or the governor of a correctional centre) is necessary to prevent or lessen the likelihood of harm being done to any person, but only if the Ombudsman also believes on reasonable grounds that there is a risk of harm (including self-harm) being done to any person. In that case, the disclosure may be made to the particular person.
Optometrists Act 2002 No 30Omit section 115 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments recasts a provision of the Optometrists Act 2002 (
Item [2] of the proposed amendments makes the same amendment in relation to the President and Registrar of the Optometrists Registration Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as an optometrist as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Osteopaths Act 2001 No 16Omit section 111 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments recasts a provision of the Osteopaths Act 2001 (
Item [2] of the proposed amendments makes the same amendment in relation to the President and Registrar of the Osteopaths Registration Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as an osteopath as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Pawnbrokers and Second-hand Dealers Act 1996 No 13Licensing and Registration (Uniform Procedures) Act 2002Insert after section 9 (1) (b):
combined pawnbrokers’ and second-hand dealers’ licences.
Section 10 (3) of the Pawnbrokers and Second-hand Dealers Act 1996 (
The 2002 Act also repealed section 9 (Licence applications) of the 1996 Act and re-enacted it to provide (among other things) for the issue of the following:
(a) pawnbrokers’ licences,
(b) second-hand dealers’ licences.
However, the re-enacted section omitted to make provision for a combined licence.
The proposed amendment repairs that omission.
Physiotherapists Act 2001 No 67Omit section 112 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments recasts a provision of the Physiotherapists Act 2001 (
Item [2] of the proposed amendments makes the same amendment in relation to the President and Registrar of the Physiotherapists Registration Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as a physiotherapist as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Property, Stock and Business Agents Act 2002 No 66Insert “or stock and station agent” after “real estate agent” in section 68 (3).
Insert “or stock and station agent” after “real estate agent” in section 71 (2).
Section 68 of the Property, Stock and Business Agents Act 2002 (
Section 71 (2) of the Act requires a “real estate agent” engaged to act in respect of the sale to take all reasonable steps to ensure that a person who bids at the auction has been provided before the auction with a copy of the current consumer education guide for prospective bidders at such auctions approved by the Director-General of the Department of Fair Trading under section 71 (1).
The proposed amendments amend sections 68 (3) and 71 (2) to make it clear that the requirements of those sections extend to stock and station agents.
Protected Disclosures Act 1994 No 92Omit section 12B (1) (b). Insert instead:
be a disclosure of information that shows or tends to show serious and substantial waste of local government money by any one or more of the following:
(i) a local government authority,
(ii) a delegate of a local government authority,
(iii) a councillor (within the meaning of the Local Government Act 1993),
(iv) a member of a county council (within the meaning of the Local Government Act 1993),
(v) a member of staff of a local government authority.
Insert at the end of clause 1 (1):
Statute Law (Miscellaneous Provisions) Act 2003 (but only in so far as Schedule 1 to that Act amends this Act and the Local Government Act 1993)
Insert at the end of the clause:
A disclosure referred to in section 12B as amended by Schedule 1.40 [1] to the Statute Law (Miscellaneous Provisions) Act 2003 is protected by this Act even if it relates to conduct or activities engaged in, or matters arising, before the commencement of that amendment.
At present, section 12B of the Protected Disclosures Act 1994 (
Item [1] of the proposed amendments elucidates the meaning of “officer of a local government authority” to make it clear that complaints may be made about such waste by councillors, members of county councils, delegates of councils and county councils and members of staff of councils and county councils. A similar amendment is proposed to be made to the Local Government Act 1993 elsewhere in this Schedule.
Item [2] of the proposed amendments permits the making of savings and transitional regulations in consequence of item [1] of the proposed amendments and of the proposed amendment to the Local Government Act 1993.
Item [3] of the proposed amendments inserts a transitional provision.
Psychologists Act 2001 No 69Omit “practice”. Insert instead “practise”.
Omit section 111 (5). Insert instead:
Schedule 5 has effect with respect to the conduct of any inquiry and the hearing of any appeal by the Tribunal.
Omit “President” from clause 11. Insert instead “Registrar”.
Item [1] of the proposed amendments corrects a spelling error.
Item [2] of the proposed amendments recasts a provision of the Psychologists Act 2001 (
Item [3] of the proposed amendments makes the same amendment in relation to the President and Registrar of the Psychologists Registration Board in respect of the holding of an inquiry into the eligibility of an applicant for registration as a psychologist as is proposed to be made by item [2] of the amendments to the Chiropractors Act 2001 elsewhere in this Schedule in relation to the holding of an inquiry into eligibility for registration under that Act.
Public Finance and Audit Act 1983 No 152Item [4] of the proposed amendments inserts a reference (in alphabetical order) to the current name of the Act, and item [5] removes the outdated reference.
First State Superannuation Act 1992 No 100Renumber sections 20A, 20B and 20C where occurring in Part 4A as sections 20C, 20D and 20E, respectively.
Omit “section 20B” from section 20E (3). Insert instead “section 20D”.
Item [1] of the proposed amendments corrects duplicated numbering.
Item [2] of the proposed amendments makes a consequential amendment.
Health Records and Information Privacy Act 2002 No 71Privacy and Personal Information Protection Act 1998Omit Schedule 3 [24]. Insert instead:
Insert at the end of clause 1 (1):
Health Records and Information Privacy Act 2002, but only to the extent that it amends this Act
The proposed amendment repeals and re-enacts in incorporable form an amendment that has become unincorporable because of an intervening amendment.
Home Building Regulation 1997Omit “
The proposed amendment updates the heading to a Schedule to reflect the fact that the Schedule no longer contains short descriptions of offences.
Industrial Relations Act 1996 No 17Omit the full stop at the end of section 210 (1) (ia). Insert instead “, or”.
Insert “or” at the end of the paragraph.
The proposed amendments insert missing conjunctions.
Local Government (Orders) Regulation 1999Omit “clause 83 of the Public Health Regulation 1991” from clause 1 (2).
Insert instead “clause 22 of the Public Health (General) Regulation 2002”.
The proposed amendment updates a reference to a regulation that has been repealed and replaced.
Marine Parks Regulation 1999Insert “16.” after “shown on map” in the matter relating to Shark Net Beach designated anchoring area in Table D of Division 10 of Part 2.
The proposed amendment inserts missing matter.
Motor Dealers Act 1974 No 52Omit “a place of business specified in accordance with section 10 (4) (d) or, where a place of business has been varied or added under subsection (3), at the place of business as so varied or added” from section 17 (5).
Insert instead “a place of business authorised by the licence”.
The proposed amendment gives effect to an amendment made by the Licensing and Registration (Uniform Procedures) Act 2002 that was unincorporable on commencement because of an intervening amendment.
National Parks and Wildlife Regulation 2002Omit “relic” from clause 92 (2) (f). Insert instead “Aboriginal object”.
The proposed amendment updates terminology.
Pawnbrokers and Second-hand Dealers Regulation 1997Omit “Column 3” from clause 21 (3). Insert instead “Column 2”.
Omit “Column 4”. Insert instead “Column 3”.
Omit the heading. Insert instead:
Renumber Column 3 and Column 4 as Column 2 and Column 3 respectively.
Before the repeal of section 145B of the Justices Act 1902 (which authorised the making of regulations prescribing short descriptions of offences), Column 2 of Schedule 2 to the Pawnbrokers and Second-hand Dealers Regulation 1997 contained (among other things) short descriptions of offences under that Act. Column 2 no longer appears in that Schedule.
Item [3] of the proposed amendments updates the heading to Schedule 2 to reflect the fact that the Schedule no longer contains short descriptions of offences.
Item [4] renumbers Columns 3 and 4 of Schedule 2 in consequence of the omission of Column 2. Items [1] and [2] make consequential amendments.
Police Integrity Commission Act 1996 No 28Omit “section 98” from section 79 (3). Insert instead “section 100”.
The proposed amendment corrects an incorrect cross-reference.
Privacy and Personal Information Protection Act 1998 No 133Omit “is” from section 6 (1). Insert instead “in”.
Omit “restrain” from section 55 (2) (b). Insert instead “refrain”.
The proposed amendments correct typographical errors.
Public Health Act 1991 No 10Omit section 59 (5).
Section 59 (5) of the Public Health Act 1991 (
(5) Section 61R does not apply to an offence under subsection (1A).
The subsection was inserted at a time when the Public Health Amendment (Tobacco Control) Bill 1999 (which would have inserted section 61R, among other provisions, in the Act) was before Parliament. However, that Bill was not enacted. There is no section 61R in the Act.
The proposed amendment repeals the subsection containing the cross-reference to section 61R.
Randwick Local Environmental Plan 1998Randwick Local Environmental Plan 1998Renumber the clause as clause 42C.
The proposed amendment corrects duplicated numbering.
Road Transport (General) (Penalty Notice Offences) Amendment (Level Crossing Offences) Regulation 2002Omit the clause. Insert instead:
The Road Transport (General) (Penalty Notice Offences) Regulation 2002 is amended as set out in Schedule 1.
The proposed amendment corrects the incorrect citations of a statutory instrument.
Terrorism (Commonwealth Powers) Act 2002 No 114Insert “or” after “Australia;” in paragraph (a) of the definition of
Omit “terrorists acts” from subsection (1) (a).
Insert instead “terrorist acts”.
Omit “Act” from subsection (4). Insert instead “Part”.
Item [1] of the proposed amendments inserts a missing conjunction.
Item [2] of the proposed amendments corrects an incorrect reference to a defined term.
Item [3] of the proposed amendments corrects a reference to an Act as the reference should be to a Part of the Act.
Travel Agents Regulation 2001Omit “Schedule 1” from clause 7 (4). Insert instead “Schedule 2”.
Omit “an licence”. Insert instead “a licence”.
Item [1] of the proposed amendments corrects an incorrect cross-reference.
Item [2] of the proposed amendments replaces a form of the indefinite article that is inappropriate for the context with the appropriate form.
Water Management Act 2000 No 92Omit “or water source” from section 20 (1) (b).
Omit the subsection number.
Omit “the” where secondly occurring in section 213 (2) (d).
Insert “of” before “any functions” in section 398 (2).
Item [1] of the proposed amendment omits duplicated words that were inserted by two simultaneous amendments (see Schedule 1 [4] and [5] to the Water Management Amendment Act 2002).
Item [2] of the proposed amendments omits a superfluous subsection number.
Item [3] of the proposed amendments omits a superfluous word.
Item [4] of the proposed amendments inserts a missing word.
Water Management Amendment Act 2002 No 138Omit “clause 9 (7) (e)” from Schedule 4 [35].
Insert instead “clause 9 (7) (f)”.
Renumber paragraph (f) as paragraph (g).
Item [1] of the proposed amendments corrects an unincorporable incorporating direction.
Item [2] of the proposed amendments corrects duplicated numbering.
(Section 4)
Name of Act or statutory rule | Extent of repeal |
Limbless Soldiers Association, New South Wales, Incorporation Act 1943 No 27 | Whole Act |
New South Wales Retirement Benefits (Amendment) Act 1984 No 9 | Whole Act |
Fine Enforcement Legislation (Amendment) Act 1989 No 196 | Whole Act |
Criminal Procedure Amendment (Indictable Offences) Act 1995 No 22 | Whole Act |
Health Professionals (Special Events Exemption) Regulation 1998 | Whole Regulation |
Local Government Amendment (Filming) Act 2000 No 6 | Whole Act |
Children and Young Persons (Care and Protection) Miscellaneous Amendments Act 2000 No 76 | Whole Act |
Federal Courts (Consequential Provisions) Act 2000 No 80 | Whole Act |
Transport Administration Amendment (Rail Management) Act 2000 No 89 | Schedule 4.3 |
Business Licences Repeal and Miscellaneous Amendments Act 2001 No 3 | Whole Act |
Cattle Compensation Repeal Act 2001 No 4 | Whole Act |
Trade Measurement Amendment Act 2001 No 5 | Whole Act |
Crown Lands Amendment (Compensation) Act 2001 No 8 | Whole Act |
Conveyancing Amendment (Building Management Statements) Act 2001 No 9 | Whole Act |
Russian Orthodox Church Property Trust Amendment Act 2001 No 12 | Whole Act |
Strata Schemes Legislation Amendment Act 2001 No 13 | Whole Act |
Agricultural Tenancies Amendment Act 2001 No 14 | Whole Act |
Gas Supply Amendment (Retail Competition) Act 2001 No 18 | Whole Act |
Local Government Amendment (Graffiti Removal) Act 2001 No 19 | Whole Act |
Crimes Amendment (Computer Offences) Act 2001 No 20 | Whole Act |
Industrial Relations Amendment (Leave for Victims of Crime) Act 2001 No 21 | Whole Act |
State Revenue Legislation Amendment Act 2001 No 22 | Whole Act |
Companion Animals Amendment Act 2001 No 23 | Whole Act |
Firearms Amendment (Trafficking) Act 2001 No 24 | Whole Act |
First Home Owner Grant Amendment Act 2001 No 25 | Whole Act |
Long Service Leave Legislation Amendment Act 2001 No 26 | Whole Act |
Casino Control Amendment Act 2001 No 27 | Whole Act |
Consumer Credit (New South Wales) Amendment (Pay Day Lenders) Act 2001 No 28 | Whole Act |
Crimes Legislation Amendment (Existing Life Sentences) Act 2001 No 29 | Whole Act |
State Revenue Legislation Further Amendment Act 2001 No 39 | Whole Act |
Insurance (Policyholders Protection) Legislation Amendment Act 2001 No 41 | Whole Act |
Agricultural and Veterinary Chemicals (New South Wales) Amendment Act 2001 No 44 | Whole Act |
Evidence (Audio and Audio Visual Links) Amendment Act 2001 No 46 | Whole Act |
Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001 No 47 | Whole Act |
Liquor Amendment (Gaming Machine Restrictions) Act 2001 No 48 | Whole Act |
Child Protection (Offenders Registration) Amendment Act 2001 No 50 | Whole Act |
Legal Profession Amendment (Disciplinary Provisions) Act 2001 No 53 | Whole Act |
Legal Profession Amendment (Professional Indemnity Insurance) Act 2001 No 54 | Whole Act |
Passenger Transport Amendment (Transitways) Act 2001 No 55 | Whole Act |
Workers Compensation Legislation Amendment Act 2001 No 61 | Whole Act |
Crimes Amendment (Aggravated Sexual Assault in Company) Act 2001 No 62 | Whole Act |
Heritage Amendment Act 2001 No 65 | Whole Act |
New South Wales—Queensland Border Rivers Amendment Act 2001 No 66 | Whole Act |
Police Service Amendment (Testing for Gunshot Residue) Act 2001 No 68 | Whole Act |
Police Powers (Vehicles) Amendment Act 2001 No 70 | Whole Act |
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and Public Halls Repeal Act 2001 No 71 | Whole Act |
Liquor and Registered Clubs Legislation Amendment Act 2001 No 73 | Whole Act |
Sydney Water Catchment Management Amendment Act 2001 No 74 | Whole Act |
Conveyancing Amendment (Rule in Pigot’s Case) Act 2001 No 75 | Whole Act |
Co-operatives Legislation Amendment Act 2001 No 76 | Whole Act |
Land Titles Legislation Amendment Act 2001 No 77 | Whole Act |
Police Service Amendment (Complaints) Act 2001 No 79 | Whole Act |
Harness Racing New South Wales Amendment (Rules) Act 2001 No 81 | Whole Act |
Crimes (Administration of Sentences) Amendment Act 2001 No 83 | Whole Act |
Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 No 84 | Whole Act |
Courts Legislation Amendment Act 2001 No 85 | Whole Act |
Insurance Protection Tax Amendment Act 2001 No 87 | Whole Act |
Liquor and Registered Clubs Legislation Further Amendment Act 2001 No 88 | Whole Act |
Crimes Amendment (Child Protection—Physical Mistreatment) Act 2001 No 89 | Whole Act |
Public Finance and Audit Amendment (Auditor-General) Act 2001 No 90 | Whole Act |
National Parks and Wildlife Amendment (Transfer of Special Areas) Act 2001 No 92 | Whole Act |
State Revenue Legislation Further Amendment (No 2) Act 2001 No 96 | Whole Act |
Statutory and Other Offices Remuneration Amendment Act 2001 No 97 | Whole Act |
Superannuation Legislation Amendment (Miscellaneous) Act 2001 No 98 | Whole Act |
Crimes Amendment (Sexual Servitude) Act 2001 No 99 | Whole Act |
Universities Legislation Amendment (Financial and Other Powers) Act 2001 No 101 | Whole Act |
Fisheries Management Amendment Act 2001 No 104 | Whole Act |
Parliamentary Remuneration Amendment Act 2001 No 105 | Whole Act |
Road Transport Legislation Amendment (Heavy Vehicle Registration Charges and Motor Vehicle Tax) Act 2001 No 106 | Whole Act |
Courts Legislation Further Amendment Act 2001 No 108 | Whole Act |
Evidence Legislation Amendment Act 2001 No 109 | Whole Act |
Grain Marketing Amendment Act 2001 No 110 | Whole Act |
Residential Tenancies Amendment Act 2001 No 111 | Whole Act |
Industrial Relations Amendment (Public Vehicles and Carriers) Act 2001 No 113 | Whole Act |
Police Service Amendment (Promotions and Integrity) Act 2001 No 114 | Whole Act |
Crimes Amendment (Self-defence) Act 2001 No 116 | Whole Act |
Criminal Legislation Amendment Act 2001 No 117 | Whole Act |
Aboriginal Land Rights Amendment Act 2001 No 118 | Whole Act |
Cemeteries Legislation Amendment (Unused Burial Rights) Act 2001 No 122 | Whole Act |
Courts Legislation Amendment (Civil Juries) Act 2001 No 124 | Whole Act |
Disorderly Houses Amendment (Brothels) Act 2001 No 125 | Whole Act |
Environmental Planning and Assessment Amendment (Ski Resort Areas) Act 2001 No 126 | Whole Act |
Transport Administration Amendment (Rail Access) Act 2001 No 131 | Whole Act |
Children (Detention Centres) Amendment Act 2002 No 1 | Whole Act |
Conveyancing Legislation Amendment (e-plan) Act 2002 No 2 | Whole Act |
Sydney Bethel Union Extension Amendment Act 2002 No 3 | Whole Act |
Bail Amendment (Confiscation of Passports) Act 2002 No 4 | Whole Act |
Crimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002 No 5 | Whole Act |
Anti-Discrimination Amendment (Drug Addiction) Act 2002 No 6 | Whole Act |
Courts Legislation Amendment Act 2002 No 7 | Whole Act |
First Home Owner Grant Amendment Act 2002 No 9 | Whole Act |
Motor Accidents Compensation Amendment (Terrorism) Act 2002 No 10 | Whole Act |
Coal Industry Amendment (Validation) Act 2002 No 12 | Whole Act |
Criminal Procedure Amendment (Sexual Assault Communications Privilege) Act 2002 No 13 | Whole Act |
Environment Protection Legislation Amendment Act 2002 No 14 | Whole Act |
Racing Legislation Amendment (Bookmakers) Act 2002 No 15 | Whole Act |
Home Building Amendment (Insurance) Act 2002 No 17 | Whole Act |
Gaming Machines Amendment Act 2002 No 18 | Whole Act |
Local Government Amendment (Anti-Corruption) Act 2002 No 19 | Whole Act |
Local Government Amendment (Graffiti) Act 2002 No 20 | Whole Act |
Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2002 No 21 | Whole Act |
Crimes Amendment (Bushfires) Act 2002 No 24 | Whole Act |
Financial Services Reform (Consequential Amendments) Act 2002 No 26 | Whole Act |
Liquor Amendment (Special Events Hotel Trading) Act 2002 No 29 | Whole Act |
Local Government Amendment (Enforcement of Parking and Related Offences) Act 2002 No 31 | Whole Act |
Industrial Relations Amendment (Unfair Contracts) Act 2002 No 32 | Whole Act |
Pastoral and Agricultural Crimes Legislation Amendment Act 2002 No 33 | Whole Act |
Bail Amendment (Repeat Offenders) Act 2002 No 34 | Whole Act |
Crimes (Forensic Procedures) Amendment Act 2002 No 35 | Whole Act |
Summary Offences Amendment (Places of Detention) Act 2002 No 37 | Whole Act |
Local Government Amendment (Miscellaneous) Act 2002 No 40 | Whole Act |
Parliamentary Remuneration Amendment (Recognised Office Holder) Act 2002 No 41 | Whole Act |
Community Services Legislation Amendment Act 2002 No 42 | Whole Act |
Environmental Planning and Assessment Amendment (Anti-Corruption) Act 2002 No 44 | Whole Act |
Crimes Amendment (Police and Other Law Enforcement Officers) Act 2002 No 45 | Whole Act |
Firearms Amendment (Public Safety) Act 2002 No 47 | Whole Act |
Summary Offences Amendment (Public Safety) Act 2002 No 48 | Whole Act |
Legal Aid Commission Amendment Act 2002 No 49 | Whole Act |
Police Service Amendment (NSW Police) Act 2002 No 51 | Section 4, Schedule 1 (except Schedule 1 [12]) and Schedule 2 |
Radiation Control Amendment Act 2002 No 52 | Whole Act |
Witness Protection Amendment Act 2002 No 54 | Whole Act |
Protection of the Environment Operations Amendment (Tradeable Emission Schemes Fund) Act 2002 No 61 | Whole Act |
Public Finance and Audit Amendment (Budgeting and Financial Reporting) Act 2002 No 62 | Whole Act |
State Revenue Legislation Amendment (Budget) Act 2002 No 63 | Whole Act |
Poultry Meat Industry Amendment (Price Determination) Act 2002 No 65 | Whole Act |
Property, Stock and Business Agents Act 2002 No 66 | Schedule 2.3 [1] |
Rural Fires and Environmental Assessment Legislation Amendment Act 2002 No 67 | Whole Act |
Western Lands Amendment Act 2002 No 68 | Schedule 4 [14] |
Young Offenders Amendment Act 2002 No 69 | Whole Act |
Courts Legislation Further Amendment Act 2002 No 70 | Whole Act |
Miscellaneous Acts Amendment (Relationships) Act 2002 No 73 | Whole Act |
Crimes Legislation Amendment (Periodic and Home Detention) Act 2002 No 74 | Whole Act |
Marine Legislation Amendment (Marine Pollution) Act 2002 No 75 | Whole Act |
Land and Environment Court Amendment Act 2002 No 76 | Whole Act |
Parliamentary Electorates and Elections Amendment (Party Registration) Act 2002 No 80 | Whole Act |
Agricultural Industry Services Amendment (Interstate Arrangements) Act 2002 No 81 | Section 4 and Schedule 1 (except Schedule 1 [6]) |
Farm Debt Mediation Amendment Act 2002 No 82 | Whole Act |
Totalizator Agency Board Privatisation Amendment Act 2002 No 84 | Whole Act |
Coastal Protection Amendment Act 2002 No 85 | Whole Act |
Fair Trading Amendment (Employment Placement Services) Act 2002 No 86 | Whole Act |
Murray-Darling Basin Amendment Act 2002 No 87 | Whole Act |
Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90 | Whole Act |
Public Health Amendment (Juvenile Smoking) Act 2002 No 91 | Whole Act |
Drug Court Amendment Act 2002 No 93 | Whole Act |
Environmental Planning and Assessment Amendment (Illegal Backpacker Accommodation) Act 2002 No 94 | Whole Act |
Law Enforcement and National Security (Assumed Identities) Amendment Act 2002 No 95 | Whole Act |
Election Funding Amendment Act 2002 No 101 | Whole Act |
Gaming Machines Further Amendment Act 2002 No 102 | Whole Act |
Police Amendment (Appointments) Act 2002 No 105 | Whole Act |
Retail Leases Amendment Act 2002 No 106 | Whole Act |
Security Industry Amendment Act 2002 No 107 | Whole Act |
Strata Schemes Management Amendment Act 2002 No 109 | Whole Act |
Superannuation Legislation Amendment Act 2002 No 110 | Whole Act |
Superannuation Legislation Further Amendment Act 2002 No 111 | Whole Act |
Motor Accidents Compensation Further Amendment (Terrorism) Act 2002 No 113 | Whole Act |
Privacy and Personal Information Protection Amendment (Prisoners) Act 2002 No 116 | Whole Act |
Public Finance and Audit Amendment (Costing of Election Promises) Act 2002 No 117 | Whole Act |
Guardianship and Protected Estates Legislation Amendment Act 2002 No 119 | Whole Act |
Industrial Relations Amendment (Industrial Agents) Act 2002 No 120 | Whole Act |
Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002 No 122 | Whole Act |
Workers Compensation Amendment (Terrorism Insurance Arrangements) Act 2002 No 123 | Whole Act |
Coal Industry Amendment (Fees for Rescue Services) Act 2002 No 125 | Whole Act |
Road Transport (Vehicle Registration) Amendment Act 2002 No 126 | Whole Act |
Drug Misuse and Trafficking Amendment (Dangerous Exhibits) Act 2002 No 128 | Whole Act |
Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002 No 131 | Whole Act |
Bank Holidays Legislation Amendment Act 2002 No 132 | Whole Act |
Building and Construction Industry Security of Payment Amendment Act 2002 No 133 |
Whole Act | |
Crimes Amendment (School Protection) Act 2002 No 135 | Whole Act |
Crimes Legislation Amendment (Commencement) Act 2003 No 1 | Whole Act |
1 indicates repeal of an Act that was assented to in 2002 or earlier and that contains only amendments or amendments and repeals
2 indicates repeal of an Act that was assented to in 2002 or earlier and that contains only amendments and spent provisions (or other provisions that do not need to be preserved)
3 indicates repeal of an Act, statutory rule or provision that is spent or no longer of practical utility
4 indicates repeal of an Act or provision that is uncommenced but is not to be commenced because it is no longer of practical utility
5 indicates repeal of an uncommenced Act (or provision) that cannot be commenced
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 or provisions 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 Act is amended or 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 amendment or 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 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 an instrument, or
(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to any amendments to statutory rules made by this Act.
This clause makes it clear that certain provisions concerning the making, tabling and disallowance of statutory rules do not apply to amendments to statutory rules made by the proposed Act.
Except where expressly provided to the contrary, any regulation made under an Act amended by this Act, that is 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 amendment of an environmental planning instrument by this Act does not prevent its later amendment or repeal by another environmental planning instrument.
This clause ensures that the amendment of a local environmental plan or other environmental planning instrument does not prevent its amendment or repeal by an environmental planning instrument.
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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