Statute Law (Miscellaneous Provisions) Act 2005 (NSW)
An Act to repeal certain Acts and instruments and provisions of Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
This Act is the Statute Law (Miscellaneous Provisions) Act 2005.
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Each Act and instrument specified in Schedule 3 is, to the extent indicated in that Schedule, repealed.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)
Apiaries Act 1985 No 16Insert in alphabetical order in section 3 (1):
Omit the definition. Insert instead:
Omit section 7 (2). Insert instead:
An application for registration:
(a) must be in an approved form, and
(b) must be lodged with the Director-General, and
(c) must be accompanied by the prescribed registration fee.
Omit “the prescribed form” from section 8 (3) (a).
Insert instead “an approved form”.
Omit “give to the registrar, in or to the effect of the prescribed form, the prescribed particulars of the disposal” from section 10 (3).
Insert instead “notify the registrar of the disposal by means of an approved form”.
Omit section 11 (2). Insert instead:
An application for renewal of registration:
(a) must be in an approved form, and
(b) must be lodged with the Director-General, and
(c) must be accompanied by the prescribed registration fee.
Omit “the prescribed form”. Insert instead “an approved form”.
Omit “Subject to subsection (9), an order” from section 18 (4).
Insert instead “An order”.
Omit “unless quashed under section 37”.
Insert instead “unless set aside following an application under section 35 (2)”.
Omit “Chief, Division of Animal Industries” from section 24A (1) (b).
Insert instead “Director-General”.
Omit section 30 (1). Insert instead:
Compensation is not payable under this Part in respect of any queen bees that have been destroyed or irradiated unless a claim for compensation is made within 60 days after the destruction or irradiation.
A claim under this section:
(a) must be in an approved form, and
(b) must be verified as provided in the form, and
(c) must be lodged at an office of the Department.
Omit “and seeks” from section 35 (1) (f). Insert instead “, and seeking”.
Omit “a traffic sign of a kind prescribed” from section 38 (2).
Insert instead “a traffic sign of an approved kind”.
Omit “is to be disposed of”. Insert instead “are to be disposed of”.
Insert after section 42:
A prescribed officer may serve a penalty notice on a person if it appears to the prescribed officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.
A penalty notice may be served personally or by post.
If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c) prescribe different amounts of penalties for different offences or classes of offences.
The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
In this section,
(a) an inspector,
(b) a person of a class specified by the Director-General, by notice published in the Gazette, as a class of persons who may issue penalty notices under this section,
(c) any other person authorised in writing by the Director-General for the purposes of this section.
Insert after section 47:
The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to any member of staff of the Department.
Omit “sections 8 (5) and 11 (10)”. Insert instead “sections 8 (8) and 11 (11)”.
Insert after clause 6:
Anything done by the Chief, Division of Animal Industries under or for the purposes of section 24A (1) (b) is, to the extent that the thing done had effect immediately before the amendment of that paragraph by the Statute Law (Miscellaneous Provisions) Act 2005, taken to have been done by the Director-General.
A form prescribed for the purposes of section 7 (2) (a), 8 (3) (a), 10 (3), 11 (2) (a) or (6) (b) or 30 (1) by a regulation in force immediately before the repeal and re-enactment or amendment (as the case may be) of the provision concerned by the Statute Law (Miscellaneous Provisions) Act 2005 is, until such time as a different form is approved for the purposes of the provision concerned, taken to be an approved form for the purposes of that provision.
A traffic sign of a kind prescribed for the purposes of section 38 (2) by a regulation in force immediately before the amendment of that subsection by the Statute Law (Miscellaneous Provisions) Act 2005 is, until such time as a traffic sign of a different kind is approved for the purposes of that provision, taken to be a traffic sign of a kind approved by the Director-General.
At present, an application for registration (or renewal of registration) under the Apiaries Act 1985 (
Beekeepers are required by section 10 of the Act to give the registrar of beekeepers the “prescribed” particulars of any disposal of a beehive in the “prescribed” form.
Items [3]–[7], [11] and [13] of the proposed amendments remove the requirement for most of those matters to be prescribed. Instead:
(a) the applications, certificates, claims, notifications concerning disposals of beehives and traffic signs are to be in “approved” forms (that is, forms approved by the Director-General of the Department of Primary Industries (
the Director-General andthe Department , respectively)), and(b) the applications are to be lodged with the Director-General and the claims are to be lodged at an office of the Department.
(See section 80 of the Interpretation Act 1987 in relation to the information required by approved forms.)
Application fees are still to be prescribed.
Item [1] of the proposed amendments inserts definitions of
Item [15] of the proposed amendments inserts a standard provision that allows penalty notices to be issued in respect of offences against the Act or the regulations.
Item [16] of the proposed amendments allows the Director-General to delegate his or her functions under the Act to any member of the staff of the Department.
Item [2] of the proposed amendments updates the outdated definition of
Items [8], [9] and [17] of the proposed amendments correct incorrect cross-references.
Item [10] of the proposed amendments updates a reference to a position that no longer exists in the Department.
Items [12] and [14] of the proposed amendments correct grammatical errors.
Item [18] of the proposed amendments inserts consequential savings and transitional provisions.
Apiaries Regulation 1995Omit clause 3 (2).
Omit clause 5 (1)–(3).
Omit “The prescribed registration fee to accompany those applications”.
Insert instead “For the purposes of sections 7 (2) (c) and 11 (2) (c) of the Act, the prescribed registration fee to accompany an application for registration or renewal of registration”.
Omit the clauses.
Omit clause 15 (1).
Omit the Schedule.
The proposed amendments (apart from the repeal of clauses 16 and 17) are consequential on the amendments to the Apiaries Act 1985 (
The proposed repeal of clauses 16 and 17 is consequential on the earlier repeal and re-enactment of section 35 of the Act and the repeal, at the same time, of section 36 of the Act.
Art Gallery of New South Wales Act 1980 No 65Omit the definition of
Omit “Stamp Duties Act 1920” from section 8 (6).
Insert instead “Duties Act 1997”.
Omit section 10 (1) (c). Insert instead:
give the property to an educational institution (including an art gallery), or
Omit the section. Insert instead:
A Director of the Art Gallery and such other persons as may be necessary for the administration of this Act may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
Omit the sections.
Omit “Public Sector Management Act 1988 (Part 8 excepted)” from clause 3.
Insert instead “Public Sector Employment and Management Act 2002 (other than Chapter 5)”.
Insert after clause 13:
The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the Trust.
The Trust may, if it thinks fit, transact any of its business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the President and each trustee have the same voting rights as they have at an ordinary meeting of the Trust.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.
Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
Item [1] of the proposed amendments to the Art Gallery of New South Wales Act 1980 (
Items [2] and [6] of the proposed amendments update references to two Acts.
Item [3] of the proposed amendments removes a reference to a repealed Act and provides that the Trust may give surplus property to an educational institution (including an art gallery).
Item [4] of the proposed amendments updates a provision for the employment of staff to take account of the repeal of the Public Sector Management Act 1988.
Item [5] of the proposed amendments repeals section 20 of the Act, which provides for the financial year of the Art Gallery of New South Wales Trust (
Item [7] of the proposed amendments permits the Trust to conduct its business outside of meetings or by telephone.
Australian Museum Trust Act 1975 No 95Omit the definition of
Omit “Stamp Duties Act 1920” from section 8 (6).
Insert instead “Duties Act 1997”.
Omit the section. Insert instead:
A Director of the Australian Museum and such other persons as may be necessary for the administration of this Act may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
Omit the sections.
Omit “Public Sector Management Act 1988 (Part 8 excepted)” from clause 4.
Insert instead “Public Sector Employment and Management Act 2002 (other than Chapter 5)”.
Insert after clause 11:
The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the Trust.
The Trust may, if it thinks fit, transact any of its business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the President and each trustee have the same voting rights as they have at an ordinary meeting of the Trust.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.
Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
Item [1] of the proposed amendments to the Australian Museum Trust Act 1975 (
Items [2] and [5] of the proposed amendments update references to two Acts.
Item [3] of the proposed amendments updates a provision for the employment of staff to take account of the repeal of the Public Sector Management Act 1988.
Item [4] of the proposed amendments repeals section 16 of the Act, which provides for the financial year of the Australian Museum Trust (
Item [4] of the proposed amendments also repeals section 18 of the Act as a consequence of the repeal of section 16. This ensures that the date for the production of the annual report of the Trust is kept in line with the financial year. Production of an annual report will now be governed by the Annual Reports (Statutory Bodies) Act 1984.
Item [6] of the proposed amendments permits the Trust to conduct its business outside of meetings or by telephone.
Coal Industry Act 2001 No 107Insert after section 24 (1) (b):
to pay, to the Minister administering the District Court Act 1973, such of the costs of operation of the District Court relating to a coal miner matter under section 105 of the Workplace Injury Management and Workers Compensation Act 1998, being costs incurred after 30 June 2005, as the Minister administering the District Court Act 1973 and the Minister administering this Act agree are to be paid from those premiums and that money, and
The object of the proposed amendment is to provide for the costs of operation of the District Court relating to certain matters that would have been within the jurisdiction of the Compensation Court (had it not been abolished) to be funded by the agencies and organisations that are users and stakeholders, which have separate funding arrangements, rather than from the WorkCover Authority Fund. The relevant matters are those under section 105 (4A) of the Workplace Injury Management and Workers Compensation Act 1998, which provides that coal miner matters are dealt with by the District Court. (A
The proposed amendment requires the payment of the costs of the operation of the District Court in relation to coal miner matters from premiums and money received by the workers compensation company within the meaning of the Coal Industry Act 2001 (presently Coal Mines Insurance Pty Ltd) under any workers compensation insurance scheme established, administered or provided by the company. The proposed amendment to the Workplace Injury Management and Workers Compensation Act 1998 made elsewhere in this Schedule provides that the costs of the District Court relating to the transferred residual jurisdiction of the Compensation Court will no longer be met from the WorkCover Authority Fund.
Commercial Agents and Private Inquiry Agents Act 2004 No 70Omit paragraph (b) of the definition of
Insert instead:
a corporation that has, as one of its directors or as one of the persons concerned in its management, an individual who is a disqualified individual by virtue of paragraph (c) or (d) of the definition of
Omit paragraph (a).
Omit section 6 (3). Insert instead:
For the purposes of applying Part 2 of the applied Act to a master licence:
(a) an application for the granting of a master licence may only be made by an individual aged 18 years or more or a corporation, and
(b) a master licence may be amended under that Act.
Insert at the end of section 7 (2) (b):
, or
if the applicant does not satisfy such requirements as to qualifications, training or experience as the Commissioner may from time to time determine.
Omit “A person” from section 11 (1). Insert instead “An individual”.
Omit the subsection.
Omit “a person”, “persons” and “that person”, wherever occurring.
Insert instead “an individual”, “individuals” and “that individual”, respectively.
Insert at the end of section 13 (2) (b):
, or
if the applicant does not satisfy such requirements as to qualifications, training or experience as the Commissioner may from time to time determine.
Omit “A person’s” wherever occurring. Insert instead “An individual’s”.
Omit “a disqualified individual” from section 24 (2).
Insert instead “an individual who is a disqualified individual by virtue of paragraph (c) or (d) of the definition of
Item [1] of the proposed amendments amends the definition of
Item [3] of the proposed amendments amends section 6 so as to provide that an application may only be made by an individual or a corporation and not, as is presently provided, by a partnership or other association.
Items [4] and [8] of the proposed amendments amend sections 7 and 13 so as to enable an application for a master licence or operator licence to be refused if the applicant does not satisfy such requirements as to qualifications, training or experience as may be determined by the Commissioner of Police. These requirements replace the existing requirements under the definition of
Items [5], [7] and [9] of the proposed amendments amend sections 11 and 16 so as to reflect the fact that an operator licence can only be held by an individual.
Item [6] of the proposed amendments amends section 11 so as to omit a provision that presently exempts an individual who holds a master licence from also having to hold an operator licence in order to carry out commercial agent or private inquiry agent activities.
Item [10] of the proposed amendments amends section 24 so that the only individuals who are prevented from being employed by the holder of a master licence are individuals who have been convicted or found guilty of major offences and individuals who, in the opinion of the Commissioner of Police, are not fit and proper persons to hold a licence.
Community Land Development Act 1989 No 201Insert “or a positive covenant” after “land” in section 35 (1) wherever occurring.
Omit “or restrictions on the use of land” from clause 1 (e).
Insert instead “, restrictions on the use of land or positive covenants”.
Omit “or restriction on the use of land”.
Insert instead “, restriction on the use of land or positive covenant”.
Item [1] of the proposed amendments makes provision for the creation by a community association under the Community Land Development Act 1989 of a positive covenant which benefits or burdens its community property or the whole of the community parcel. The amendment will make section 35 of the Community Land Development Act 1989 consistent with corresponding provisions of the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986.
Items [2] and [3] are consequential amendments.
District Court Act 1973 No 9Insert after section 13 (7):
A person who vacates office as a Judge may, despite vacating his or her office, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before vacating his or her office (including proceedings that were instituted before the commencement of this subsection).
While a person completes or otherwise continues under subsection (8) to deal with any matters relating to proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge.
Insert after section 18 (3A):
While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the person’s appointment, the person has all the entitlements and functions of a Judge (subject to the conditions and limitations specified in the person’s commission) and, for the purposes of those proceedings, is taken to continue to be a Judge.
Item [1] of the proposed amendments inserts provisions to allow a former Judge of the District Court to finalise matters that have been heard, or partly heard, by that person as a Judge of the Court.
Item [2] of the proposed amendments inserts a provision to ensure that a former Acting Judge of the District Court retains the powers and authorities that the person had as an Acting Judge for the purpose of finalising matters that have been heard, or partly heard, by that person as an Acting Judge of the Court.
Environmental Planning and Assessment Act 1979 No 203Omit “regional environmental plan or” from clause 29 (1).
Insert “or regional environmental plan” after “policy”.
Under the existing law, development within the Sydney Cove Development Area is to be regulated by the approved scheme under the former Sydney Cove Redevelopment Authority Act 1968 until such time as that scheme is displaced by a regional environmental plan or local environmental plan. The mere making of either kind of plan in relation to any land is sufficient to displace the approved scheme in relation to the same land. The effect of the proposed amendments is that the development of land in the Sydney Cove Development Area will be able to be regulated by both the approved scheme and any regional environmental plan that applies to the land, and that the approved scheme will only be displaced in relation to that land by a local environmental plan.
Film and Television Office Act 1988 No 18Omit the definition of
Omit section 5 (1). Insert instead:
A Director of the Office and such other persons as may be necessary to enable the Office to exercise its functions may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
Omit the section.
Omit “Part 8 of the Public Sector Management Act 1988” from clause 5 (1) (d).
Insert instead “Chapter 5 of the Public Sector Employment and Management Act 2002”.
Omit “Part 2 of the Public Sector Management Act 1988”.
Insert instead “Chapter 2 of the Public Sector Employment and Management Act 2002”.
Item [1] of the proposed amendments to the Film and Television Office Act 1988 (
Item [2] of the proposed amendments updates a provision for the employment of staff to take account of the repeal of the Public Sector Management Act 1988.
Item [3] of the proposed amendments repeals a provision of the Act that provides for the financial year of the New South Wales Film and Television Office. This provision is unnecessary as it is addressed by the Public Finance and Audit Act 1983.
Items [4] and [5] of the proposed amendments update references to a repealed Act.
Fines Act 1996 No 99Insert in alphabetical order:
Apiaries Act 1985, section 42A
The proposed amendment provides for the enforcement of penalty notices issued under section 42A of the Apiaries Act 1985 and is consequential on the insertion of that section by an amendment made elsewhere in this Schedule.
Government and Related Employees Appeal Tribunal Act 1980 No 39Omit paragraph (c1) of the definition of
Omit “, (c1)” from paragraph (e).
Insert after section 48A:
The Senior Chairperson may select a person to replace the member or one of the members constituting the Tribunal after the hearing of an appeal by the Tribunal has commenced if:
(a) the member becomes unavailable for any reason, or ceases to be a member, before the appeal is determined, and
(b) the parties consent.
The Tribunal as so reconstituted is to have regard to the evidence that was given and decisions that were made in relation to the appeal before the Tribunal was reconstituted.
If one or more of the parties do not consent to the reconstitution of the Tribunal under this section, the proceedings are to be reconsidered by the Tribunal otherwise constituted in accordance with this Act.
If proceedings are reconsidered by the Tribunal, the Tribunal may, for the purposes of the proceedings, have regard to any record of the proceedings before the Tribunal as previously constituted including a record of any evidence taken in the proceedings.
A person selected under subsection (1):
(a) to replace the Senior Chairperson must be a Chairperson, and
(b) to replace a Chairperson must be the Senior Chairperson or a Chairperson, and
(c) to replace an employer’s representative or an employee’s representative must be a person whose name is included in the panel of persons nominated by the appellant’s employer or the appropriate association of employees (as the case may be) in accordance with this Act.
For the purpose of applying section 48 (4) to a decision of the Tribunal reconstituted under this section in respect of an appeal, the appeal is taken to be heard before the Tribunal as reconstituted.
Nothing in this section prevents more than one member of the Tribunal being replaced in accordance with this section if the Tribunal is constituted by more than one member.
Items [1] and [2] of the proposed amendments are consequential on the repeal of the Police Department (Transit Police) Act 1989 by Schedule 3.
Item [3] of the proposed amendments allows the Senior Chairperson of the Government and Related Employees Appeal Tribunal (subject to the consent of the parties) to replace a member of the Tribunal who becomes unavailable or ceases to be a member after the Tribunal has begun to hear an appeal. In continuing its hearing of the appeal, the reconstituted Tribunal is to have regard to the evidence and decisions in relation to the appeal that were given or made before the Tribunal was reconstituted. (If the parties do not consent to the reconstitution, the Tribunal is to be otherwise constituted in accordance with the Act but may have regard to any record of the proceedings before the Tribunal as previously constituted.)
Proposed section 48B (6) clarifies that a decision of a reconstituted Tribunal in respect of an appeal is to be signed by the Senior Chairperson or Chairperson of the Tribunal as reconstituted.
Health Care Complaints Act 1993 No 105Omit “•” from the definition of
Insert after section 90B (1) (a):
if the Director determines that the complaint should be prosecuted before a disciplinary body by the Commission, to prosecute the complaint before the disciplinary body,
Insert after clause 9 (4):
Despite any other provision of this clause, the power conferred by section 90B (1) (a1) on the Director of Proceedings to prosecute a complaint extends to enable the Director to continue the prosecution of a complaint that had commenced before the commencement of that paragraph.
Item [1] of the proposed amendments corrects a list.
The Director of Proceedings of the Health Care Complaints Commission has the function of determining whether a complaint under the Health Care Complaints Act 1993 should be prosecuted before a disciplinary body by the Health Care Complaints Commission. Item [2] of the proposed amendments provides that the function of the Commission of prosecuting complaints before disciplinary bodies is to be exercised by the Director of Proceedings.
Item [3] of the proposed amendments contains a transitional provision that enables the Director to continue with prosecutions already commenced by the Commission before the commencement of the proposed amendments.
Legislation Review Act 1987 No 165Insert after section 9 (1):
The Committee is not precluded from exercising its functions under subsection (1) in relation to a regulation after it has ceased to be subject to disallowance if, while it is subject to disallowance, the Committee resolves to review and report to Parliament on the regulation.
The functions of the Legislation Review Committee include the consideration of all regulations while they are subject to disallowance and the making of reports to Parliament (including as to whether regulations should be disallowed). The proposed amendment allows the Committee to exercise those functions in relation to a regulation that has ceased to be subject to disallowance if the Committee has, during the disallowance period, resolved to review and report on the regulation.
Library Act 1939 No 40Omit the definition of
Insert in alphabetical order:
Omit the definition. Insert instead:
Omit “under Part 3 or under Part 3A” from section 3 (4).
Insert instead “under Part 3 or 4”.
Omit “Stamp Duties Act 1920” from section 4B (6).
Insert instead “Duties Act 1997”.
Omit section 5 (1) (f).
Omit the sections.
Omit the section. Insert instead:
A State Librarian and such other persons as may be necessary for the administration of this Act may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
Omit the section. Insert instead:
A local authority must comply with and observe the following requirements in relation to the provision, control and management by it of any local library:
(a) Residents and ratepayers entitled to free membership Any person who is a resident of the area of the local authority or a ratepayer of the local authority is entitled to membership of the library free of charge.
(b) Free access to certain materials on library premises Any person (whether or not a member of the library) is entitled free of charge to access any library material of the library and any information forming part of the information service of the library (other than information excepted from free access by guidelines issued by the Council) for use on the library premises.
(c) Free loans of certain library material to members Any person who is a member of the library is entitled to borrow free of charge from the library for use away from the library premises any library material of the library which has been classified by the librarian of the library as being of literary, informative or educational value or as being fiction.
(d) Free delivery to sick or disabled members No charge is to be made for the delivery to a member of the library of any library material or information that the member is entitled to borrow free of charge if the member for reasons of ill health or disability cannot reasonably be expected to attend the library in person.
(e) Free basic reference services to members Any person who is a member of the library is entitled to be provided free of charge with basic reference services (being any service classified by guidelines issued by the Council as a basic reference service), including assistance in locating information and sources of information.
(f) Restriction on use of State subsidy Any subsidy paid to the local authority under this Act must be expended in providing the services that are required by this section to be provided free of charge.
An entitlement under this section to borrow library material from a library for use away from the library premises does not apply to any library material that is classified by the librarian of the library as reference material.
If two or more local authorities have entered into arrangements for conferring reciprocal library entitlements on the residents and ratepayers of their areas, a resident or ratepayer of any of the areas concerned is for the purposes of this section to be considered to be a resident or ratepayer of each of the other areas concerned also.
In this section:
The Council may issue guidelines to local authorities for the purposes of this section.
Omit “books or the maximum number of books of a particular class of books which” from section 10A (2) (a).
Insert instead “items of library material or the maximum number of items of library material of a particular class of library material that”.
Omit “book or class of books”.
Insert instead “item of library material or class of library material”.
Omit the following from section 13 (4):
An advance against subsidy may be made by the Minister to a local authority in any year in respect of which the Minister considers the local authority would, on the basis of the local authority’s estimated expenditure on libraries, library services and information services in that year from rate income, be eligible for subsidy under this section.
Any such advance shall be payable upon such conditions and at such times as the Minister may determine.
Insert after section 13 (4):
An advance against subsidy may be made by the Minister to a local authority in any year in respect of which the Minister considers the local authority would, on the basis of the local authority’s estimated expenditure on libraries, library services and information services in that year from rate income, be eligible for subsidy under this section.
An advance against subsidy is payable subject to such conditions and at such times as the Minister may determine.
Omit the headings.
Insert before section 15:
Omit section 15 (2) (b)–(d).
Omit “book or other article”. Insert instead “item of library material”.
Omit “book or article”. Insert instead “item”.
Omit “books or manuscripts of a library”. Insert instead “library material”.
Omit the section.
Omit “Public Sector Management Act 1988 (Part 8 excepted)” from clause 4.
Insert instead “Public Sector Employment and Management Act 2002 (other than Chapter 5)”.
Insert after clause 11:
The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Council.
The Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the President and each member have the same voting rights as they have at an ordinary meeting of the Council.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Council.
Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
Items [1], [2], [10], [11] and [17]–[19] of the proposed amendments to the Library Act 1939 (
Item [3] of the proposed amendments replaces the definition of
Item [4] of the proposed amendments updates a cross reference as a consequence of the amendments made by items [14] and [15].
Items [5] and [21] of the proposed amendments update references to two Acts.
Items [6] and [16] of the proposed amendments remove requirements in the Act relating to certificates of competency for librarians and library assistants as these matters are no longer dealt with by the regulations.
Item [7] of the proposed amendments repeals section 6A of the Act, which provides for the financial year of the Library Council of New South Wales (
Item [8] of the proposed amendments updates a provision for the employment of staff to take account of the repeal of the Public Sector Management Act 1988.
Item [9] of the proposed amendments substitutes section 10 of the Act to replace references to “books” with references to “library materials”, to number unnumbered lists and to remove provisions providing that a library is not to charge for the ordering of a book for purchase by a member and that a library is not to provide a commercial service that is unfairly competitive with the private sector.
Items [12] and [13] of the proposed amendments number subsections that were unnumbered.
Items [14] and [15] of the proposed amendments combine Parts 3A and 4 of the Act into Part 4.
Item [20] of the proposed amendments removes a redundant transitional provision.
Item [22] of the proposed amendments permits the Council to conduct its business outside of meetings or by telephone.
Local Government Act 1993 No 30Omit “of land by the council, other than the leasing” from the fifth dot point in section 55 (3).
Insert instead “or licensing of land by the council, other than the leasing or licensing”.
Insert “and Disciplinary” after “Pecuniary Interest” in the flowchart headed “Management of pecuniary interest complaints” in Part 3 wherever occurring.
Insert “AND DISCIPLINARY” after “PECUNIARY INTEREST”.
Insert “
Omit “and Co-operatives” from the definition of
Item [1] of the proposed amendments extends an existing exception from the tendering requirements provided for in section 55 of the Local Government Act 1993 (
Items [2]–[5] of the proposed amendments update references to a body and a department.
Lotteries and Art Unions Act 1901 No 34Omit paragraph (b) (iii) from the definition of
Insert instead:
the prize pool is wholly distributed in accordance with the rules of the competition, and
Insert after clause 6:
Anything done in relation to a tipping competition before the commencement of the amendment to section 4F by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 2005 that would have been validly done had that amendment been in force at the time the thing was done is validated.
Section 3 of the Lotteries and Art Unions Act 1901 prohibits the selling or disposing of goods by lottery or chance. Section 4F makes lawful the conduct of a range of “progressive lotteries” (as defined in the Act), including tipping competitions. However, it applies to such competitions only if the prize pool is distributed to the participant who accumulates the most points over a stipulated period.
Item [1] of the proposed amendments provides that a tipping competition in which the prize pool is wholly distributed in accordance with the rules of the competition (for example, to the first, second or last place-getter or to the person who obtains the average score of all participants over the competition) is also exempt from the prohibition in section 3 of the Act.
Item [2] of the proposed amendments validates the conduct of such a progressive lottery before the commencement of the amendment made by item [1].
Lotteries and Art Unions Regulation 2002Omit “highest number of points” from clause 108 (1) (j).
Insert instead “same number of points that, under the rules, entitle the person to a prize”.
The proposed amendment is consequential on the proposed amendment to section 4F of the Lotteries and Art Unions Act 1901 made elsewhere in this Schedule. That other amendment provides that a tipping competition in which the prize pool is wholly distributed in accordance with the rules of the competition, and not merely to the first place getter, is exempt from the prohibition in section 3 of that Act. The proposed amendment to the Regulation requires the making of rules that give details of what is to happen if two or more persons accumulate the same number of points and not merely the highest number of points.
Marine Pilotage Licensing Act 1971 No 56Omit the definition of
The proposed amendment updates the definition of
Omit “granted” from section 80 (1).
Omit the section. Insert instead:
A consolidated mining lease is subject to:
(a) a condition that the holder of the lease will not suspend mining operations in the mining area otherwise than in accordance with the written consent of the Minister, and
(b) such conditions as section 93 requires to be included in the lease, and
(c) such other conditions as the Minister, when granting the lease, may impose.
Omit “at the head office of the Department” from section 159 (3).
Insert instead “at such offices of the Department as may be prescribed by the regulations”.
Omit “at the head office of the Department” from section 161 (9).
Insert instead “at such offices of the Department as may be prescribed by the regulations”.
Insert “(or, in the case of an applicant that is a corporation, a director of the corporation)” after “applicant” in section 190 (2).
Insert “, and any requirement of the regulations under that Act that an application for the modification of a development consent be accompanied by such a consent,” after “concerned” in clause 14.
Item [1] of the proposed amendments amends section 80 so as to remove any implication that a recommendation by the Dams Safety Committee that a mining lease should be amended can only be made in relation to a lease that is about to be granted.
Item [2] of the proposed amendments substitutes section 100 so as to make it clear that a consolidated mining lease must contain a condition forbidding suspension of mining operations without the consent of the Minister for Mineral Resources, and such conditions as section 93 requires to be included in the lease, in addition to the conditions that the Minister may choose to impose.
Items [3] and [4] of the proposed amendments amend sections 159 and 161 so as to provide that certain records must be kept available for public inspection at such offices of the Department of Primary Industries as are prescribed by the regulations instead of (as is currently the case) at the Department’s head office. The Department’s head office is at Orange. The principal offices of the Department with respect to mining are, however, located in Maitland.
Item [5] of the proposed amendments amends section 190 so as to allow an application for a mineral claim that has been made by a corporation to be refused not only if the corporation has been convicted of an offence (as is currently the case) but also if any of its directors have been so convicted.
Item [6] of the proposed amendments amends clause 14 of Schedule 1 so as to provide that not only are the requirements of the Environmental Planning and Assessment Act 1979 for a landowner’s consent to a development application for mining excluded in relation to a development application for mining (as is currently the case) but so also are the requirements of the regulations under that Act for a landowner’s consent to the modification of a development consent for mining.
Museum of Applied Arts and Sciences Act 1945 No 31Omit the section. Insert instead:
The Public Sector Employment and Management Act 2002 (other than Chapter 5) does not apply to or in respect of the appointment of a trustee.
Insert after section 9:
The trustees may, if they think fit, transact any of their business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the trustees.
The trustees may, if they think fit, transact any of their business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.
For the purposes of:
(a) the approval of a resolution under subsection (1), or
(b) a meeting held in accordance with subsection (2),
the President and each trustee have the same voting rights as they have at an ordinary meeting of the trustees.
A resolution approved under subsection (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the trustees.
Papers may be circulated among the trustees for the purposes of subsection (1) by facsimile or other transmission of the information in the papers concerned.
Omit the section. Insert instead:
Such persons as may be necessary for the administration of this Act may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002.
Omit section 12 (3). Insert instead:
The Duties Act 1997 does not apply to or in respect of any gift, bequest or devise made or to be made to the Museum or the trustees.
Omit the sections.
Items [1] and [4] of the proposed amendments to the Museum of Applied Arts and Sciences Act 1945 (
Item [2] of the proposed amendments permits the trustees of the Museum of Applied Arts and Sciences (
Item [3] of the proposed amendments updates a provision for the employment of staff to take account of the repeal of the Public Sector Management Act 1988.
Item [5] repeals section 17 of the Act, which provides for the financial year of the trustees. On the repeal of section 17, the financial year of the trustees will be determined under the Public Finance and Audit Act 1983 which allows for the financial year for the trustees to be determined by the Treasurer. Section 16 of the Act is repealed as a consequence of the repeal of section 17 to ensure that the date for the annual report of the trustees is kept in line with the financial year. Production of an annual report will now be governed by the Annual Reports (Statutory Bodies) Act 1984.
National Parks and Wildlife Act 1974 No 80Omit “sections 46 and 47” from section 58S (1) (e).
Insert instead “section 46”.
Omit “, 47” from section 58U (4).
Omit “49 (3), 52–55, 58K (3)”. Insert instead “52–55”.
Omit “or the regulations” from section 138 (1) (b) (vii).
Insert instead “or the Threatened Species Conservation Act 1995 or the regulations made under those Acts”.
Insert after section 156B (3):
Section 319A of the POEO Act applies in respect of notices given by an authorised officer pursuant to subsection (2) in the same way as it applies to notices given under that Act or the regulations under that Act, except that in so applying that section a reference to a regulatory authority is to be read as a reference to the Director-General.
Insert after section 160 (1):
In this section, a reference to this Act or the regulations includes a reference to the Threatened Species Conservation Act 1995 or the regulations made under that Act.
Omit “subsection” from section 161 (3).
Insert instead “section in relation to documents relating to the location of Aboriginal objects or the cultural values of an Aboriginal place or Aboriginal object”.
Items [1]–[3] of the proposed amendments omit references to repealed provisions.
Item [4] of the proposed amendments requires payment into the National Parks and Wildlife Fund of penalties recovered for offences under the Threatened Species Conservation Act 1995 and regulations made under that Act.
Section 156B of the National Parks and Wildlife Act 1974 confers investigative powers of authorised officers under Chapter 7 of the Protection of the Environment Operations Act 1997 (
Item [6] of the proposed amendments enables penalty notices to be issued for offences against the Threatened Species Conservation Act 1995 or the regulations made under that Act.
Item [7] of the proposed amendments clarifies that the Director-General is required to consult with Aboriginal people before advising the Minister that certain documents in the possession of the Department of Environment and Conservation should be withheld (namely, those relating to the location of Aboriginal objects or the cultural values of an Aboriginal place or Aboriginal object) but that such consultation is not required in relation to documents relating to the location of threatened species, populations or ecological communities.
Ombudsman Act 1974 No 68Omit “(including an inquiry under section 197 of the Police Act 1990)” from section 34 (1) (b) (ii).
Insert after section 34 (1) (b3):
for the purpose of any proceedings under section 167A of the Police Act 1990,
Insert at the end of section 35 (2) (d):
, or
under section 167A of the Police Act 1990.
Omit item 21.
Item [1] of the proposed amendments omits a reference to a repealed provision.
Items [2] and [3] of the proposed amendments enable the Ombudsman and officers of the Ombudsman to disclose, or give evidence or produce documents in respect of, any information obtained by them in the course of their office, in legal proceedings under section 167A of the Police Act 1990 (Offence of making false complaint about conduct of police officer or giving false information).
Item [4] of the proposed amendments is consequential on the repeal of the Police Department (Transit Police) Act 1989 by Schedule 3.
Petroleum (Onshore) Act 1991 No 84Insert after section 126:
The Director-General may delegate any of the Director-General’s powers, authorities, duties and functions under this Act (other than this power of delegation) to:
(a) any member of staff of the Department, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
The proposed amendment to the Petroleum (Onshore) Act 1991 (
Omit the clause.
The proposed amendment to the Petroleum (Onshore) Regulation 2002 omits a redundant provision as a consequence of the amendments to the Petroleum (Onshore) Act 1991 contained elsewhere in this Schedule.
Police Act 1990 No 47Omit “or Part 3 of the Royal Commissions Act 1923” from section 165 (2).
Insert instead “, Part 3 of the Royal Commissions Act 1923 or section 167A of this Act”.
Insert after section 184:
Before:
(a) making an order under section 173 (2) or (3) or 181D (1) with respect to a police officer under PIC investigation, or
(b) commencing or authorising the commencement of criminal proceedings against a police officer under PIC investigation,
the Commissioner must consult with the Police Integrity Commission.
Failure to comply with subsection (1) with respect to any order under section 173 (2) or (3) or 181D (1) does not affect the validity of the order.
In this section,
Item [1] of the proposed amendments enables the Ombudsman and officers of the Ombudsman to give evidence or produce documents, obtained during the course of the administration or execution of Part 8A of the Police Act 1990 (Complaints about conduct of police officers), in legal proceedings under section 167A of the Police Act 1990 (Offence of making false complaint about conduct of police officer or giving false information).
Sections 173 and 181D enable the Commissioner of Police to take disciplinary action against a police officer. Item [2] of the proposed amendments inserts proposed section 184A which, in the case of a police officer who the Commissioner has been notified is the subject of an investigation of police misconduct under the Police Integrity Commission Act 1996, requires the Commissioner to consult with the Police Integrity Commission. Such consultation will be required not only before the Commissioner takes action against the police officer but also before the Commissioner commences or authorises the commencement of criminal proceedings against the police officer, and will thereby avoid any prejudice to the Commission’s investigation of the complaint.
Police Integrity Commission Act 1996 No 28Omit “the Commission” where secondly occurring in section 38 (2).
Insert instead “the hearing”.
The proposed amendment more accurately identifies the person at which section 38 (2) is directed (being a person appearing at the hearing before the Commission rather than a person appearing at the Commission).
Police (Special Provisions) Act 1901 No 5Insert “the Australian Federal Police or” before “the police force” in section 101 (1A) (a).
The proposed amendment enables a Magistrate or two Justices of the Peace to appoint a member of the Australian Federal Police as a special constable at the request of the New South Wales Commissioner of Police.
Presbyterian Church (Corporations) Act 1995 No 67Omit “to constitute the Presbyterian Church (NSW) Superannuation Corporation and to specify its functions;”.
Omit “other”.
Omit the definition of
Insert “as in force immediately before the amendment of this Act by the Statute Law (Miscellaneous Provisions) Act 2005” after “by this Act”.
Insert “as in force immediately before the amendment of this Act by the Statute Law (Miscellaneous Provisions) Act 2005” after “under this Act”.
Omit the Division.
Omit “(other than the Superannuation Corporation)” from section 19 (1).
Omit the subsection.
Omit “(other than the Superannuation Corporation)” from section 21 (2) (a).
Omit “and with the Superannuation Act”.
Insert after section 24:
Schedule 3 has effect.
Omit “meetings, or” from clause 3 (g). Insert instead “meetings.”.
Omit the paragraph.
Omit “(other than the Superannuation Corporation)” from clause 7 (1).
Omit the subclause.
Omit “(other than the Superannuation Corporation)” from clause 8 (2).
Omit the subclause.
Omit “(other than the Superannuation Corporation)” from clause 9 (1).
Omit the subclause.
Omit the clause.
Insert after Schedule 2:
(Section 25)
The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• Statute Law (Miscellaneous Provisions) Act 2005, but only to the extent that it amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned 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.
In this Part:
The Superannuation Corporation is dissolved.
No compensation is payable to a member of the Superannuation Corporation for loss of office by reason of the dissolution of the Corporation.
The Superannuation Fund is abolished.
On the day that the Superannuation Corporation is dissolved, the assets, rights and liabilities (if any) of the dissolved Superannuation Corporation are transferred to the Property Trust and the following provisions have effect:
(a) the assets of the dissolved Superannuation Corporation vest in the Property Trust by virtue of this clause without the need for any conveyance,
(b) the rights and liabilities of the dissolved Superannuation Corporation become the rights and liabilities of the Property Trust,
(c) all proceedings commenced before that day by or against the dissolved Superannuation Corporation and pending immediately before that day are taken to be proceedings pending by or against the Property Trust,
(d) any act, matter or thing related to those assets, rights or liabilities done or omitted to be done before that day, by, to or in respect of the dissolved Superannuation Corporation is (to the extent that the act, matter or thing has any force or effect) taken to have been done by, to or in respect of the Property Trust,
(e) a reference in any instrument (other than this Act) of any kind to the dissolved Superannuation Corporation is taken to be a reference to the Property Trust.
Item [21] of the proposed amendments dissolves the Presbyterian Church (NSW) Superannuation Corporation, abolishes the Presbyterian Church (NSW) Superannuation Fund and contains provisions of a savings and transitional nature. This amendment is being made as the members of the Presbyterian Church (NSW) Superannuation Corporation have been transferred to another superannuation fund and the property of the Presbyterian Church (NSW) Superannuation Fund has been disposed of. Items [1]–[20] of the proposed amendments make consequential amendments.
Public Finance and Audit Act 1983 No 152Omit section 41C (1B) and (1C). Insert instead:
An opinion in relation to the financial statements of a statutory body is not to be furnished under subsection (1A) unless the Auditor-General has received a statement made in accordance with a resolution of the statutory body and:
(a) stating whether, in the opinion of the person or persons by whom the statement is signed:
(i) the financial statements exhibit a true and fair view of the financial position and transactions of the statutory body, or
(ii) if the statutory body is the Senate, Council or Board of Governors of a university, the financial statements exhibit a true and fair view of the financial position and transactions of the university, and
(b) including such matters as are prescribed by the regulations for the purposes of this subsection.
The statement referred to in subsection (1B) is to be signed:
(a) in the case of a statutory body that has a governing body—by at least 2 members of the governing body, or
(b) in the case of a statutory body that does not have a governing body—by the chief executive officer of the statutory body or the person who exercises the functions of a chief executive officer in relation to the statutory body, or
(c) by a person prescribed by the regulations in respect of the statutory body.
For the purposes of subsection (1C), a member of the governing body of a statutory body includes, where the statutory body is the Senate, Council or Board of Governors of a university, a member of the Senate, Council or Board of Governors.
Omit “the persons who were responsible for the affairs of the body” from section 43A (3).
Insert instead “any person or persons who could have done so had the body not ceased to be a statutory body”.
Insert after section 45E (1) (b):
, and
are to exhibit a true and fair view of the financial position and transactions of the Department.
Omit section 45F (1B). Insert instead:
An opinion in relation to the financial statements of a Department is not to be furnished under subsection (1A) unless the Auditor-General has received a statement:
(a) stating whether, in the opinion of the Department Head, the financial statements exhibit a true and fair view of the financial position and transactions of the Department, and
(b) including such matters as are prescribed by the regulations for the purposes of this subsection.
Insert at the end of clause 1 (1):
Statute Law (Miscellaneous Provisions) Act 2005, but only to the extent that it amends this Act
Item [1] of the proposed amendments provides for regulations to be made under section 41C of the Public Finance and Audit Act 1983 prescribing additional matters to be included in the statement required under that section for the financial statements of a statutory body and makes it clear who is to sign the statement. Item [2] of the proposed amendments makes a consequential amendment.
Under section 45F (1B) of the Public Finance and Audit Act 1983, a statement must be received by the Auditor-General as to whether the financial statements of a Department exhibit a true and fair view of the financial position and transactions of the Department. Item [3] of the proposed amendments makes an amendment to make it clear that the financial statements must exhibit a true and fair view of the financial position and transactions of the Department.
Item [4] of the proposed amendments provides for a regulation-making power in respect of the financial statements of a Department that corresponds to the power provided for by item [1] in respect of the financial statements of a statutory body.
Item [5] of the proposed amendments inserts a savings provision.
Road Transport (General) Act 2005 No 11Omit “Privacy and Personal Information Protection act 1998” from section 119 (2).
Insert instead “Privacy and Personal Information Protection Act 1998”.
Omit Schedule 3.37 [8].
Item [1] of the proposed amendments corrects the citation of an Act.
Item [2] of the proposed amendments omits Schedule 3.37 [8] to the Road Transport (General) Act 2005 as a result of the replacement of section 225 of the Roads Act 1993 (as inserted by that item) by an amendment contained elsewhere in this Schedule.
Roads Act 1993 No 33Omit the section. Insert instead:
There is appropriated for payment out of the Consolidated Fund into the RTA Fund:
(a) all amounts paid into the Consolidated Fund in respect of penalties recovered with respect to offences committed on or in connection with classified roads under:
(i) this Act or the regulations, or
(ii) Part 3.3 of the Road Transport (General) Act 2005, or other provisions of that Act or regulations under that Act prescribed for the purposes of this section, and
(b) all amounts paid into the Consolidated Fund recovered by means of penalty notices for any such offences issued under this Act, the Road Transport (General) Act 1999 or the Road Transport (General) Act 2005.
The proposed amendment substitutes section 225 of the Roads Act 1993, which was proposed to be substituted by Schedule 3.37 [8] to the Road Transport (General) Act 2005 as a result of the removal of certain offences relating to mass, dimension and load restraint restrictions to that Act from the Roads Act 1993, to correctly reflect the original intention of that section, which was to enable fines and other penalties payable for such offences to be paid to the RTA Fund rather than the Consolidated Fund.
Rural Lands Protection Act 1998 No 143Omit “section 27 (3) (a) (vi)” from the note to section 89 (1).
Insert instead “section 27 (3) (a) (va)”.
Omit “
Insert instead “
Insert “full” before “name” in clause 10 (1) (a) and (2) (a) wherever occurring.
Item [1] of the proposed amendments corrects an incorrect cross-reference in a note to the Act.
Item [2] of the proposed amendments amends the heading to a clause in a Schedule to the Act to reflect more accurately the subject-matter of the clause.
Item [3] of the proposed amendments requires the
Insert after section 11 (3) (a):
to the Minister administering the District Court Act 1973, such of the costs of operation of the District Court relating to the determination of applications under section 29, being costs incurred after 30 June 2005, as the Minister administering the District Court Act 1973 and the Minister administering this Act agree are to be paid from the Fund,
The object of the proposed amendment is to provide for the costs of operation of the District Court relating to certain matters that would have been within the jurisdiction of the Compensation Court (had it not been abolished) to be funded by the agencies and organisations that are users and stakeholders, which have separate funding arrangements, rather than from the WorkCover Authority Fund. The relevant matters are those under section 29 of the Sporting Injuries Insurance Act 1978, which gives the District Court jurisdiction to determine applications by applicants for a benefit under that Act aggrieved by certain decisions of the Sporting Injuries Committee.
The proposed amendment requires the payment of the costs of operation of the District Court in relation to the determination of these applications to be made from the Sporting Injuries Fund established under section 11 of that Act. The proposed amendment to the Workplace Injury Management and Workers Compensation Act 1998 made elsewhere in this Schedule provides that the costs of the District Court relating to the transferred residual jurisdiction of the Compensation Court will no longer be met from the WorkCover Authority Fund.
State Owned Corporations Act 1989 No 134Insert after section 20H (5):
If the person holding office as Treasurer ceases to hold that office:
(a) each share in each statutory SOC held by the person is taken to be transferred to the person next appointed to that office, and
(b) each statutory SOC is required to register the transfer.
A single instrument of transfer may transfer the shares in any one or more statutory SOCs held by the voting shareholder other than the Treasurer:
(a) if another Minister is for the time being nominated as that voting shareholder in respect of any one or more of the statutory SOCs concerned, or if different Ministers are so nominated in respect of different statutory SOCs—to that other Minister or those other Ministers, or
(b) to the person next appointed to the office of the Minister for the time being nominated as that voting shareholder in respect of the statutory SOC or SOCs concerned.
The Premier is empowered to execute a transfer of any issued shares in a statutory SOC—see section 20Q and clause 3 (5) of Schedule 6.
Omit “the Labor Council of New South Wales” wherever occurring.
Insert instead “Unions NSW”.
Section 20H of the State Owned Corporations Act 1989 (
The practical consequence of this is that each time there is a change of Treasurer or other shareholding Minister, the Premier is required to execute a separate share transfer in respect of each statutory SOC concerned.
Omit the section.
The proposed amendment removes a redundant provision.
Valuation of Land Act 1916 No 2Omit section 92 (2) and (3) (including the penalty provision).
The proposed amendment removes redundant provisions.
Victims Support and Rehabilitation Act 1996 No 115Omit “In this paragraph:” from clause 6. Insert instead “In this clause:”.
The proposed amendment corrects an incorrect reference.
Waste Recycling and Processing Corporation Act 2001 No 59Omit “the Labor Council of New South Wales” from section 7 (2) (a) (ii).
Insert instead “Unions NSW”.
Omit “the Labor Council, and”. Insert instead “Unions NSW, and”.
The proposed amendments update references to a body.
Water Act 1912 No 44Omit “paragraph (c) of subsection (2) of the preceding section” from section 114 (1).
Insert instead “section 113 (2) (c)”.
The proposed amendment corrects an incorrect cross-reference.
Water Sharing Plan for the Gwydir Regulated River Water Source 2002Omit “and the planned environmental water rules” from clause 30 (4) (b) (ii).
The proposed amendment removes duplicated text.
Water Sharing Plan for the Lachlan Regulated River Water Source 2003Omit “and the planned environmental water rules” from clause 31 (4) (b) (ii).
The proposed amendment removes duplicated text.
Water Sharing Plan for the New South Wales Murray and Lower Darling Regulated Rivers Water Sources 2003Omit “and the planned environmental water rules” from clause 31 (5) (b).
Omit “71L” wherever occurring in clause 56 (2) (b) and (3) (b).
Insert instead “section 71Z”.
Item [1] of the proposed amendments removes duplicated text.
Item [2] of the proposed amendments updates cross-references.
Water Sharing Plan for the Upper Namoi and Lower Namoi Regulated River Water Sources 2003Omit “and the planned environmental water rules” from clause 30 (4) (a) (ii).
The proposed amendment removes duplicated text.
Waverley Local Environmental Plan 1996Omit “stys” from the definition of
Insert instead “sties”.
The proposed amendment corrects a typographical error.
Willoughby Local Environmental Plan 1995Omit “green houses” from clause 50 (1). Insert instead “greenhouses”.
The proposed amendment corrects a typographical error.
Wingecarribee Local Environmental Plan 1989Omit “; recreation gardens” where secondly occurring from item 2 of the matter relating to Zone No 2 (a2) in the Table to the clause.
Omit “section 16CB” wherever occurring from item 3 of the matter relating to Zones Nos 7 (a) and 7 (b).
Insert instead “clause 16CB”.
Omit “
Insert instead “
Omit “
Omit “green houses” from the definition of
Insert instead “greenhouses”.
Omit “archaelogical” wherever occurring. Insert instead “archaeological”.
Omit “aboriginal” from clause 68 (3). Insert instead “Aboriginal”.
Item [1] of the proposed amendments removes redundant wording.
Item [2] of the proposed amendments corrects an incorrect cross-reference.
Items [3]–[7] of the proposed amendments correct typographical errors.
Wollondilly Local Environmental Plan 1991Omit “green houses” from the definition of
Insert instead “greenhouses”.
Omit “stys”. Insert instead “sties”.
The proposed amendments correct typographical errors.
Yass Local Environmental Plan 1987Insert after clause 5 (2):
Notes included in this plan do not form part of this plan.
The proposed amendment inserts a provision clarifying the status of notes.
(Section 4)
Name of Act or instrument | Extent of repeal |
Aboriginal Land Rights Amendment (Gandangara Estate) Act 2004 No 69 | Whole Act |
Administrative Decisions Tribunal Amendment Act 2004 No 81 | Whole Act |
Administrative Decisions Tribunal Legislation Further Amendment Act 1998 No 156 | Schedule 1 [1]–[20] and [25]–[30] and Schedules 2–5 |
Agricultural Industry Services Amendment (Interstate Arrangements) Act 2002 No 81 | Whole Act |
Albury-Wodonga Development Repeal Act 2000 No 18 | Section 17 and Schedule 1 |
Animal Diseases Legislation Amendment (Civil Liability) Act 2004 No 2 | Whole Act |
Appropriation Act 2003 No 31 | Whole Act |
Appropriation (Budget Variations) Act 2003 No 2 | Whole Act |
Appropriation (Parliament) Act 2003 No 32 | Whole Act |
Appropriation (Special Offices) Act 2003 No 33 | Whole Act |
Architects Act 2003 No 89 | Section 87 and Schedule 2 |
Australian Crime Commission (New South Wales) Act 2003 No 13 | Section 24 and Schedule 1 |
Bail Amendment (Terrorism) Act 2004 No 34 | Whole Act |
Building Legislation Amendment (Quality of Construction) Act 2002 No 134 | Schedule 1, Schedule 2.1 [1], [5]–[16] and [18]–[22] and 2.2–2.4 and Schedule 3 |
Business Names Act 2002 No 97 | Section 42 and Schedule 1 |
Catchment Management Authorities Act 2003 No 104 | Section 41 and Schedule 5 |
Child Protection Legislation Amendment Act 2002 No 98 | Sections 3, 4 and 6, Schedules 1 and 2, Schedule 3 [1]–[5] and [7]–[12] and Schedule 4 |
Child Protection Legislation Amendment Act 2003 No 90 | Section 3 (1) and Schedules 1 and 2 [1]–[5] and [7]–[9] |
Children and Young Persons (Care and Protection) Amendment (Permanency Planning) Act 2001 No 91 | Schedule 1 [1]–[20] and [22]–[25] |
Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2001 No 123 | Section 3 and Schedule 1 |
Children (Detention Centres) Amendment Act 2004 No 28 | Whole Act |
Civil Liability Amendment Act 2003 No 94 | Whole Act |
Civil Liability Amendment (Offender Damages) Act 2004 No 29 | Whole Act |
Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 | Whole Act |
Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 No 95 | Section 4 and Schedule 1 |
Compensation Court Repeal Act 2002 No 23 | Section 12 and Schedule 1 |
Constitution Amendment Act 2000 No 30 | Section 3 and Schedule 1 |
Consumer Credit Administration Amendment (Finance Brokers) Act 2003 No 15 | Whole Act |
Corporations (Ancillary Provisions) Act 2001 No 32 | Section 26 and Schedule 2 |
Courts Legislation Amendment Act 2004 No 68 | Schedules 1–4 and 6–9 |
Crimes (Administration of Sentences) Amendment Act 2002 No 36 | Section 3 and Schedule 1 |
Crimes (Administration of Sentences) Amendment (Norfolk Island Prisoners) Act 2004 No 71 | Whole Act |
Crimes Amendment (Child Neglect) Act 2004 No 41 | Whole Act |
Crimes Amendment (Child Pornography) Act 2004 No 95 | Whole Act |
Crimes Legislation Amendment Act 2002 No 130 | Schedules 1–3, Schedule 4 [1] and [6]–[8] and Schedules 5–9 |
Crimes Legislation Amendment (Terrorism) Act 2004 No 48 | Whole Act |
Crimes Legislation Further Amendment Act 2003 No 85 | Schedules 1–5, Schedule 6 [7]–[9] and Schedule 7 |
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 No 3 | Whole Act |
Criminal Procedure Amendment (Sexual Offence Evidence) Act 2004 No 50 | Whole Act |
Crown Lands Legislation Amendment (Budget) Act 2004 No 63 | Whole Act |
Dental Practice Act 2001 No 64 | Section 159 and Schedule 6 |
Duties Amendment (Land Rich) Act 2004 No 96 | Whole Act |
Education Amendment (Non-Government Schools Registration) Act 2004 No 15 | Whole Act |
Electricity Supply Amendment Act 2000 No 109 | Whole Act |
Energy Services Corporations (Country Energy) Regulation 2001 | Whole Regulation |
Energy Services Corporations (Eraring Energy) Regulation 2000 | Whole Regulation |
Filming Approval Act 2004 No 38 | Section 15 and Schedule 1 |
Fines Amendment Act 2004 No 43 | Whole Act |
Fisheries Management Amendment Act 2004 No 26 | Whole Act |
Fisheries Management and Environmental Assessment Legislation Amendment Act 2000 No 86 | Whole Act |
Food Act 2003 No 43 | Section 143 and Schedule 1 |
Freedom of Information Amendment (Terrorism and Criminal Intelligence) Act 2004 No 30 | Whole Act |
Funeral Funds Amendment Act 2003 No 61 | Whole Act |
Game and Feral Animal Control Act 2002 No 64 | Section 62 and Schedule 3 |
Gaming Machines Amendment Act 2004 No 97 | Whole Act |
Gene Technology (GM Crop Moratorium) Amendment Act 2004 No 93 | Whole Act |
Greyhound and Harness Racing Administration Act 2004 No 36 | Section 52 and Schedule 3 |
Hairdressers Act 2003 No 62 | Section 10 and Schedule 1 |
Health Care Complaints Amendment (Special Commission of Inquiry) Act 2004 No 18 | Whole Act |
Health Legislation Further Amendment Act 2004 No 87 | Whole Act |
Health Records and Information Privacy Act 2002 No 71 | Section 77 and Schedule 3 |
Health Services Amendment Act 2004 No 92 | Whole Act |
Higher Education Act 2001 No 102 | Section 27 and Schedule 2 |
Home Building Legislation Amendment Act 2001 No 51 | Section 5 and Schedules 1, 2, 3 [1]–[6], [8], [9] and [12]–[30], 4, 5, 6 [1], [2] and [4]–[23] and 7–10 |
Industrial Relations Leave Legislation Amendment (Bonuses) Act 2000 No 61 | Whole Act |
Institute of Sport Amendment Act 2003 No 46 | Whole Act |
Jury Amendment Act 2004 No 102 | Whole Act |
Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 No 100 | Sections 3 and 4 and Schedules 1 and 2 |
Justices of the Peace Act 2002 No 27 | Section 16 |
Juvenile Offenders Legislation Amendment Act 2004 No 103 | Whole Act |
Law Enforcement (Powers and Responsibilities) Amendment (In-car Video Systems) Act 2004 No 104 | Whole Act |
Legal Profession Amendment (National Competition Policy Review) Act 2002 No 25 | Whole Act |
Legal Profession Legislation Amendment (Advertising) Act 2003 No 98 | Whole Act |
Liquor Amendment (Racing Clubs) Act 2004 No 80 | Whole Act |
Local Government Amendment (Council and Employee Security) Act 2004 No 25 | Whole Act |
Local Government Amendment (Discipline) Act 2004 No 73 | Whole Act |
Local Government Amendment (Elections) Act 2003 No 23 | Whole Act |
Local Government Amendment (Mayoral Elections) Act 2004 No 44 | Whole Act |
Mining Amendment (Miscellaneous Provisions) Act 2004 No 75 | Schedule 1 [1], [7]–[15], [17], [20], [27], [30], [34], [37] and [39]–[41] |
Mining Legislation Amendment (Health and Safety) Act 2002 No 50 | Whole Act |
Motor Accidents Legislation Amendment Act 2004 No 77 | Whole Act |
National Park Estate (Southern Region Reservations) Act 2000 No 103 | Section 15 (1) and Schedule 8 |
National Parks and Wildlife Amendment Act 2001 No 130 | Section 4 and Schedule 1 [1]–[4], [6]–[9], [11]–[14], [16]–[18], [20]–[41], [43], [44], [46]–[51], [53]–[74], [76]–[138], [141]–[149], [151]–[153], [155], [156], [158], [160], [162]–[167], [169], [171] and [172], Schedule 2, Schedule 3 [10]–[46] and Schedules 4–6 |
National Parks and Wildlife Amendment (Kosciuszko National Park Roads) Act 2004 No 5 | Whole Act |
Natural Resources Commission Act 2003 No 102 | Section 23 and Schedule 2 |
Optometrists Act 2002 No 30 | Section 137 and Schedule 6 |
Parliamentary Remuneration Amendment Act 1998 No 84 | Whole Act |
Partnership Amendment (Venture Capital Funds) Act 2004 No 8 | Whole Act |
Passenger Transport Amendment (Bus Reform) Act 2004 No 54 | Whole Act |
Pawnbrokers and Second-hand Dealers Amendment Act 2002 No 104 | Whole Act |
Police Amendment (Senior Executive Transfers) Act 2004 No 76 | Whole Act |
Police Department (Transit Police) Act 1989 No 58 | Whole Act |
Police Department (Transit Police) Regulation 2000 | Whole Regulation |
Powers of Attorney Act 2003 No 53 | Section 55 and Schedule 4 |
Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004 No 24 | Whole Act |
Professional Standards Amendment Act 2004 No 83 | Whole Act |
Protected Estates Amendment (Missing Persons) Act 2004 No 86 | Whole Act |
Regulatory Reduction Act 1996 No 107 | Section 4 and Schedule 1.3, 1.5–1.9, 1.11 and 1.12 and Schedule 2 |
Research Involving Human Embryos (New South Wales) Act 2003 No 21 | Section 21 |
Residential Parks Act 1998 No 142 | Section 159 and Schedule 3 |
Road Transport Legislation Amendment (Public Transport Lanes) Act 2004 No 22 | Whole Act |
Road Transport (Safety and Traffic Management) Amendment (Alcohol) Act 2004 No 17 | Whole Act |
Road Transport (Safety and Traffic Management) Amendment (Blood Sampling) Act 2000 No 78 | Whole Act |
Roman Catholic Church Communities’ Lands Amendment Act 2001 No 11 | Whole Act |
Rookwood Necropolis Amendment Act 2004 No 108 | Whole Act |
Royal Blind Society (Corporate Conversion) Act 2003 No 64 | Sections 4 and 16 and Schedules 1 and 2 |
Shops and Industries Amendment (Special Shop Closures) Act 2004 No 109 | Whole Act |
Smoke-free Environment Amendment Act 2004 No 110 | Section 4, Schedule 1 [1]–[12], [14] and [15] and Schedule 2 |
Special Commission of Inquiry (James Hardie Records) Amendment Act 2004 No 90 | Whole Act |
Sporting Venues (Pitch Invasions) Act 2003 No 44 | Section 17 and Schedule 2 |
State Revenue Legislation Amendment Act 2004 No 33 | Whole Act |
Stock Act 1901 No 27 | Whole Act |
Stock Diseases Amendment (False Information) Act 2004 No 20 | Whole Act |
Strata Schemes Management Amendment Act 2004 No 9 | Whole Act |
Superannuation Administration Authority Corporatisation Act 1999 No 5 | Sections 16 and 17 and Schedules 4 and 5 |
Superannuation Legislation Amendment (Family Law) Act 2003 No 77 | Schedule 1 [1], Schedules 3, 4, 8, 9 and 13 |
Sustainable Energy Development Repeal Act 2004 No 64 | Whole Act |
Sydney Opera House Trust Amendment Act 2004 No 49 | Whole Act |
Teaching Services Amendment Act 2004 No 114 | Whole Act |
Threatened Species Conservation Amendment Act 2002 No 78 | Schedule 1 [1], [4], [6], [8], [9], [11]–[17], [19]–[36], [38]–[52], [56]–[58], [61]–[79] and [81]–[83], Schedule 2.1 [5] and [8]–[16], 2.2 [1]–[4] and [7], 2.3, 2.4 and 2.5 |
Threatened Species Legislation Amendment Act 2004 No 88 | Schedule 3.1 [1], [8] and [10]–[17] and 3.2 |
Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004 No 31 | Whole Act |
Transport Administration Amendment (Rail Agencies) Act 2003 No 96 | Section 4 and Schedules 1 and 3 |
Transport Administration Amendment (Sydney Ferries) Act 2003 No 99 | Whole Act |
Transport Employees Retirement Benefits Act 1967 No 96 | Part 5 |
University Legislation Amendment Act 2004 No 115 | Whole Act |
University of Western Sydney Act 1997 No 116 | Section 43 and Schedule 3 |
Western Lands Amendment Act 2002 No 68 | Schedule 1 [1] and Schedules 2–5 |
Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100 | Sections 24 and 25 and Schedule 2 |
Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001 No 103 | Schedule 1 [1]–[4] and [6]–[10] and Schedule 2 [1], [2], [4] and [5] |
Wool, Hide and Skin Dealers Act 2004 No 7 | Section 45 and Schedule 2 |
Workers Compensation and Other Legislation Amendment Act 2004 No 111 | Schedule 1, Schedule 2 [1], [2], [4] and [5] and Schedules 3–6 |
Workers Compensation Legislation Amendment Act 2000 No 87 | Schedules 1–8 and 10–23 |
Workers Compensation Legislation Amendment Act 2002 No 124 | Schedule 2 [4]–[7], [9], [10] and [12], Schedules 3 and 4 |
Workers Compensation Legislation Amendment Act 2003 No 29 | Schedules 1 and 2, Schedule 3 [1] and [4]–[17] and Schedules 4–7 |
Workers Compensation Legislation Amendment Act 2004 No 56 | Whole Act |
Workers Compensation Legislation Further Amendment Act 2001 No 94 | Schedule 1.1, 1.2 [1]–[7] and [9]–[21] and 1.3 and Schedules 2–10 |
1 indicates repeal of a whole Act or instrument that contains only amendments, or amendments and repeals, that have commenced and provisions that are redundant
2 indicates repeal of a whole Act that contains amendments that are redundant
3 indicates repeal of an expired instrument
4 indicates repeal of a redundant Act or instrument or provisions
5 indicates repeal of amendments that have 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 be taken to have commenced 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 amendment by this Act of a water sharing plan made under section 50 of the Water Management Act 2000 does not prevent its later amendment or repeal by another such water sharing plan or other instrument.
This clause ensures that the amendment of a water sharing plan does not prevent its amendment or repeal by another water sharing plan or other instrument.
For the avoidance of doubt, the Director-General of the Ministry of Transport is taken, for the purpose of the definition of
Accordingly, any act, matter or thing done by the Director-General of the Ministry of Transport during the relevant period for the purposes of administering the Marine Pilotage Licensing Act 1971 that would have been valid if subclause (1) had been in force at that time is validated to the extent of any invalidity.
This clause ensures that there is no doubt as to the validity of any act, matter or thing done by the Director-General of the Ministry of Transport for the purposes of administering the Marine Pilotage Licensing Act 1971 during the relevant period.
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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