Statute Law (Miscellaneous Provisions) Act 2006 (NSW)
An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.
This Act is the Statute Law (Miscellaneous Provisions) Act 2006.
This Act commences on the date of assent, except as provided by this section.
The amendments made by Schedules 1–3 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.
The Acts and instruments specified in Schedules 1–3 are amended as set out in those Schedules.
Each Act specified in Schedule 4 is, to the extent indicated in that Schedule, repealed.
Schedule 5 has effect.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Agricultural Scientific Collections Trust Act 1983 No 148Omit “agricultural science” from section 7 (a).
Insert instead “agriculture, fishing activities, forestry or mining”.
Omit “in fields of agricultural science”.
Insert instead “in relation to agriculture, fishing activities, forestry and mining”.
Omit “scientific collection” from section 11 (1). Insert instead “collection”.
Omit “agricultural science”.
Insert instead “agriculture, fishing activities, forestry or mining”.
Items [1] and [2] of the proposed amendments to the Agricultural Scientific Collections Trust Act 1983 extend the principal objects of the Trust that is established under that Act to the holding of property relating to the study of fishing activities, forestry and mining and the increasing and dissemination of knowledge in relation to those activities.
Items [3] and [4] are consequential amendments.
Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192Omit “for Health of New South Wales” from section 7 (3) (e).
Insert instead “administering this Act”.
The Centenary Institute of Cancer Medicine and Cell Biology Act 1985 (
Omit section 149 (1) (a). Insert instead:
the control and direction of inspectors and mine safety officers, and
Insert after the last paragraph in the section:
regulating tourist activities and the use of coal operations for educational purposes,
the lodgment of applications under this Act,
the transfer of any permit within the meaning of section 105,
the duration of any such permit, which may be indefinite or of specified length,
modifying the requirements of Part 5 so that they apply, with the prescribed modifications, to and in respect of persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6.
Insert “, or provide for the exemption of,” after “exempt”.
Insert “or the Occupational Health and Safety Act 2000” after “Act” in section 220 (1).
Insert after section 220 (2) (l):
a member of staff of the Department.
Item [1] of the proposed amendments extends the functions of the Chief Inspector under the Coal Mine Health and Safety Act 2002 to include the control and direction of inspectors and mine safety officers.
Item [2] of the proposed amendments includes additional regulation-making powers in relation to the regulation of tourist and educational activities, the lodgment of applications under the Coal Mine Health and Safety Act 2002, permits to conduct tourism activities at a coal operation or to use it for educational purposes and persons who act under the authority of such permits.
Item [3] of the proposed amendments provides for the regulations to provide for the exemption of persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. At present, the regulations may exempt persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. Item [3] of the proposed amendments extends the power so as to permit the regulations to provide for such exemptions. For instance, the regulations may provide for a specified person (such as the Chief Inspector) to exempt persons from any provision of the regulations.
Item [4] of the proposed amendments extends the protection from personal liability afforded to certain protected persons so that it applies also to any matter or thing done or omitted in good faith for the purpose of executing the Occupational Health and Safety Act 2000. The protection is only a protection from personal liability and does not affect an injured party’s right to recover from any other person, for instance from the Crown. (The reference to “or any other Act” in section 220 of the Coal Mine Health and Safety Act 2002 is proposed to be omitted by Schedule 3 [58] to the Mine Health and Safety Act 2004.)
Item [5] of the proposed amendments extends the protection from personal liability to members of staff of the Department administering the Coal Mine Health and Safety Act 2002.
Commercial Agents and Private Inquiry Agents Act 2004 No 70Omit “immediate” from section 16 (2).
Section 16 of the Commercial Agents and Private Inquiry Agents Act 2004 (
Omit “Brasiliero” from section 55 (1) (d). Insert instead “Brasileiro”.
Insert after section 55 (1) (d):
any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth,
Omit the note.
Omit “(a)–(d)” from section 57D (2) (a). Insert instead “(a)–(d1)”.
Omit “(a)–(d)” from section 58A (1) (a). Insert instead “(a)–(d1)”.
Omit “(a)–(d)” wherever occurring in section 58C (2) (a) (i) and (b) (i).
Insert instead “(a)–(d1)”.
Item [1] of the proposed amendments corrects a typographical error.
Currently, section 55 of the Companion Animals Act 1998 (
(a) American pit bull terrier or pit bull terrier,
(b) Japanese tosa,
(c) dogo Argentino,
(d) fila Brasileiro,
(e) any dog declared by a council under Division 6 of Part 5 of the NSW Act to be a restricted dog,
(f) any other dog of a breed, kind or description prescribed by the regulations for the purpose of that section.
Item [2] of the proposed amendments inserts section 55 (1) (d1) in the NSW Act so as to extend the definition of
Omit “and” from section 202 (1) (d).
Insert after section 202 (1) (d):
providing for the refund or waiver of any such fees, and
Item [2] of the proposed amendments inserts a regulation-making power into the Conveyancing Act 1919 in relation to the refund or waiver of fees payable under that Act or any other Act (except the Real Property Act 1900) under which the office of the Registrar-General takes fees. Item [1] is a consequential amendment.
Co-operatives Act 1992 No 18Insert “, or applies in accordance with the provisions of Division 3 of Part 12,” after “section 98 (j)” in section 9 (4).
Insert after section 316 (4):
For the avoidance of doubt, a co-operative is authorised for the purposes of section 601BC (8) (d) of the Corporations Act to become registered as a company under that Act if the co-operative applies for the transfer in accordance with the provisions of this Division.
Insert after section 321 (2):
If the new body is a company under the Corporations Act, subsections (1) and (2) have effect subject to the provisions of section 601BM of that Act.
Section 601BM of the Corporations Act provides that the registration of a body as a company under Part 5B.1 of that Act does not:
(a) create a new legal entity, or
(b) affect the body’s existing property, rights or obligations (except as against the members of the body in their capacity as members), or
(c) render defective any legal proceedings by or against the body or its members.
The recent decision of the Full Court of the Federal Court in Australian Securities and Investments Commission v Medical Defence Association of Western Australia[2005] FCAFC 173 (25 August 2005) has created uncertainty about the ability of State bodies corporate to register as companies under the Corporations Act 2001 of the Commonwealth. Section 601BC (8) (d) of the Corporations Act 2001 requires the transfer of a State body corporate’s incorporation to be authorised. On one view, the case suggests that express (rather than implied) authorisation by State law is required to satisfy this requirement.
Items [1] and [2] of the proposed amendments confirm that a co-operative is authorised to become registered as a company under the Corporations Act 2001 if it complies with the provisions of Division 3 (Transfer of incorporation) of Part 12 of the Co-operatives Act 1992 with respect to the transfer of its incorporation.
Item [3] makes a consequential amendment.
Crimes (Administration of Sentences) Act 1999 No 93Omit “the Part 16” from section 4 (2). Insert instead “Part 16”.
Omit “authorised justice” wherever occurring from section 39 (2)–(5).
Insert instead “authorised officer”.
Omit the definition. Insert instead:
Insert “of the Drug Court or the Commissioner” after “registrar” in section 106Y (2) (b).
Insert “or the Commissioner” after “Drug Court” wherever occurring.
Insert “or the Department” after “Drug Court” wherever occurring.
Item [1] of the proposed amendments omits a redundant word.
Items [2] and [3] of the proposed amendments update references to an office.
Section 106Y of the Crimes (Administration of Sentences) Act 1999 (which is to be inserted into that Act by the Compulsory Drug Treatment Correctional Centre Act 2004) mirrors section 31 of the Drug Court Act 1998.
Section 106Y (2) of the Crimes (Administration of Sentences) Act 1999 provides that it is the duty of certain prescribed persons (who may be persons such as psychologists, counsellors or pathologists) to promptly notify the registrar of the Drug Court or the Commissioner of Corrective Services of any failure by an offender to comply with the offender’s compulsory drug treatment personal plan (ie of positive drug test results or other evidence of drug use). The subsection also requires such persons to comply with the requirements of the regulations with respect to the giving of such information to the registrar, but a reference to the giving of information to the Commissioner was inadvertently omitted.
Item [4] of the proposed amendments inserts the missing reference to the Commissioner of Corrective Services into section 106Y (2) (b) to make it clear that prescribed persons must comply with the requirements of the regulations with respect to the giving of information to the Commissioner.
Section 106Y (5) of the Crimes (Administration of Sentences) Act 1999 provides certain legal protection to the registrar and members of staff of the Drug Court by providing that offenders are taken to have authorised the communication of information in specified situations. The subsection also inadvertently omits references to the Commissioner of Corrective Services or the staff of the Department of Corrective Services.
Items [5] and [6] of the proposed amendments insert the missing references to the Commissioner of Corrective Services and the Department of Corrective Services in section 106Y (5) to give the same legal protection to the Commissioner and the staff of the Department as is given to the registrar and members of staff of the Drug Court.
Crown Lands Act 1989 No 6Insert “, or impose in connection with the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989,” after “Crown land” in section 36 (1).
Omit “under this Act prescribed by the regulations” from section 162 (1).
Insert instead “under this Act, the regulations or the by-laws made under section 128, being an offence prescribed by the regulations for the purposes of this section”.
Insert after section 180B:
Any payment due under this Act must be made as a single payment when due.
However, the Minister may accept a payment by instalments on any basis that the Minister determines is appropriate.
Under section 36 of the Crown Lands Act 1989 (
Item [2] of the proposed amendments makes it clear that offences under the regulations and by-laws made under the Act may be dealt with by way of penalty notice.
Item [3] of the proposed amendments provides that any payment due under the Act must be made as a single payment when due, but that the Minister may accept a payment by instalments on any basis that the Minister determines is appropriate.
Environmental Planning and Assessment Act 1979 No 203Insert “or in connection with development for which the Minister or Director-General is or has been the consent authority” after “applies” in section 121B (1) (aa).
Omit “authorised justice” wherever occurring from section 122M (1) and (2).
Insert instead “issuing officer”.
Omit the subsection. Insert instead:
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
Omit the definition. Insert instead:
Prior to the enactment of Part 3A of the Environmental Planning and Assessment Act 1979 (
Items [2] and [4] of the proposed amendments clarify references to an office holder.
Item [3] of the proposed amendments updates a reference to a repealed Act.
Game and Feral Animal Control Act 2002 No 64Insert after section 13:
The Game Council may delegate to the chief executive officer of the Game Council the exercise of the function of issuing identification cards to inspectors under section 35 (1).
Omit section 17 (1) (b). Insert instead:
a person who is hunting on any land owned or occupied by the person or by a member of the person’s household,
a person who is hunting on any land owned or occupied by the person’s employer or by a corporation of which the person is an officer,
The Game and Feral Animal Control Act 2002 establishes the Game Council and confers functions on it, including the administration of the licensing system for game hunters.
Item [1] of the proposed amendments provides for the Game Council to delegate to its chief executive officer the exercise of the function of issuing identification cards to inspectors.
Item [2] of the proposed amendments exempts an employee of a person who owns or occupies land from the need to obtain a game hunting licence to hunt on that land.
Garvan Institute of Medical Research Act 1984 No 106Omit “of State for Health of New South Wales” from clause 2 (1) (e).
Insert instead “administering this Act”.
The Garvan Institute of Medical Research Act 1984 (
Omit “Department of Agriculture” from section 13 (2) (a).
Insert instead “Department of Primary Industries”.
Omit “Australian Wheat Board Pty Ltd”. Insert instead “AWB Limited”.
Omit “the Chief Executive of”.
Omit “the Chair of Avcare Limited”.
Insert instead “CropLife Australia Limited”.
Omit “the Chair of”.
The Gene Technology (GM Crop Moratorium) Act 2003 establishes the New South Wales Agricultural Advisory Council on Gene Technology and confers functions on it, including the investigation of matters referred to the Advisory Council by the Minister for Primary Industries and providing advice to the Minister on matters relating to GM technology. The Advisory Council is made up of members nominated by certain persons and organisations.
Items [1] and [2] of the proposed amendments update references to organisations that have changed their names.
Item [3] of the proposed amendments ensures that the Commonwealth Scientific and Industrial Research Organisation nominates a member of the Advisory Council rather than the Chief Executive of that organisation.
Item [4] of the proposed amendments updates a reference to an organisation that has changed its name and ensures that the organisation, rather than the Chair of that organisation, nominates a member of the Advisory Council.
Item [5] of the proposed amendments ensures that the Grains Research and Development Corporation, rather than the Chair of that organisation, nominates a member of the Advisory Council.
Higher Education (Amalgamation) Act 1989 No 65Omit the Part.
Part 8A of the Higher Education (Amalgamation) Act 1989 includes provisions that, among other things, vest the control and management of the Orange Agricultural College campus in the University of Sydney. The proposed amendment omits that Part as a consequence of the college having been transferred from the University of Sydney to Charles Sturt University.
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88Insert after section 27 (1) (e):
an order terminating the occupation agreement and an order for possession of the site.
The Holiday Parks (Long-term Casual Occupation) Act 2002 (
The object of the proposed amendment is to provide that the Tribunal may, on application under section 26, make an order terminating the occupation agreement and an order for possession of the relevant site.
Independent Commission Against Corruption Act 1988 No 35Insert after section 57F:
For the avoidance of doubt, a reference in any other provision of this Part to an officer of the Commission includes a reference to a former officer of the Commission.
Insert “or former officer” after “officer”.
Insert “or former officer” before “of the Commission” where secondly occurring in section 111D (1).
The proposed amendments to the Independent Commission Against Corruption Act 1988 confirm that the Inspector of the Independent Commission Against Corruption may investigate complaints about the conduct of former officers of the Commission as well as the conduct of current officers of the Commission.
Liquor Act 1982 No 147Omit the definition of
Insert after section 6B (4):
The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 105A and 105B):
(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or
(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
Omit “authorised justice” wherever occurring.
Insert instead “authorised officer”.
Omit section 151 (1).
Items [1], [3] and [4] of the proposed amendments update references to an office holder.
Item [2] of the proposed amendments enables the Director-General of the Department of the Arts, Sport and Recreation to delegate his or her functions under the Liquor Act 1982 in relation to key officials (or former key officials) of that Department to the Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive officer employed in that Office if the position of Commissioner does not exist.
Mine Health and Safety Act 2004 No 74Insert “or prescribed by the regulations (or both)” after “form” where secondly occurring in section 85 (3).
Omit section 130 (1) (a). Insert instead:
the control and direction of inspectors and mine safety officers, and
Omit section 166 (bx). Insert instead:
modifying the requirements of Part 5 so that they apply, with the prescribed modifications, to and in respect of persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6.
Insert “, or provide for the exemption of,” after “exempt” in section 172 (1).
Insert “or the Occupational Health and Safety Act 2000” after “Act” in section 189 (1).
Insert after section 189 (2) (j):
a member of staff of the Department.
Insert “or prescribed by the regulations (or both)” after “form” where secondly occurring in proposed section 107 (3) in Schedule 3 [29].
Item [1] of the proposed amendments provides for an application for a tourist or educational permit under the Mine Health and Safety Act 2004 to be accompanied by the documents prescribed by the regulations (as well as any documents specified in an approved form). Item [7] makes the same provision in respect of an application for such a permit under the Coal Mine Health and Safety Act 2002.
Item [2] of the proposed amendments extends the functions of the Chief Inspector under the Mine Health and Safety Act 2004to include the control and direction of inspectors and mine safety officers.
Item [3] of the proposed amendments includes an additional regulation-making power in relation to persons who conduct tourist activities in or about a mine, or use a mine for educational purposes, under the authority of a permit issued under Part 6 of the Mine Health and Safety Act 2004.
Item [4] of the proposed amendments provides for the regulations to provide for the exemption of persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. At present, the regulations may exempt persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, from any provision of the regulations. Item [4] of the proposed amendments extends the power so as to permit the regulations to provide for such exemptions. For instance, the regulations may provide for a specified person (such as the Chief Inspector) to exempt persons from any provision of the regulations.
Item [5] of the proposed amendments extends the protection from personal liability afforded to certain protected persons so that it applies also to any matter or thing done or omitted in good faith for the purpose of executing the Occupational Health and Safety Act 2000. The protection is only a protection from personal liability and does not affect an injured party’s right to recover from any other person, for instance from the Crown.
Item [6] of the proposed amendments extends the protection from personal liability to members of staff of the Department of Primary Industries.
Non-Indigenous Animals Act 1987 No 166Omit “and shall be accompanied by the prescribed fee” from section 14 (1).
Insert after section 14 (1):
An applicant for a licence or the renewal of a licence must pay the prescribed fee at the same time as the application is made or as provided by the regulations.
Insert after section 14 (3):
The regulations may make provision for or with respect to the following:
(a) times for the payment of fees for licences or renewals of licences,
(b) the payment of such fees by instalments,
(c) the waiver or refund of the whole or any part of such fees.
The proposed amendments to the Non-Indigenous Animals Act 1987 enable regulations under that Act to provide for the prescribed fee for a licence or renewal of a licence to be paid by instalments and for the waiving or refunding of the prescribed fee.
Passenger Transport Act 1990 No 39Omit the definition of
(a) in relation to a public passenger service carried on by means of a ferry—the Maritime Authority, and
(b) in relation to a public passenger service carried on otherwise than by means of a ferry—the Director-General.
Omit the definition. Insert instead in alphabetical order:
Omit “Waterways Authority” wherever occurring.
Insert instead “Maritime Authority”.
The concept of a
The definition is currently as follows:
(a) in relation to a public passenger service carried on by means of a bus—the Director-General, and
(b) in relation to a public passenger service carried on by means of a ferry—the Waterways Authority.
(The Director-General referred to is the Director-General of the Ministry of Transport.
Among other things, the regulator is empowered to appoint persons as
In consequence of these changes, there is some doubt as to whether authorised officers appointed by the Director-General may exercise their functions in relation to public passenger services carried on by means other than the means of a bus or a ferry (such as by means of a taxi or a private hire vehicle).
To remove this doubt, item [1] of the proposed amendments extends the definition of
Items [2] and [3] of the proposed amendments update references to a renamed body.
Plant Diseases Act 1924 No 38Omit “seized shall be destroyed or otherwise dealt with in such manner as the Director-General shall direct” from section 9 (1).
Insert instead:
seized:
(a) is to be destroyed, or
(b) is to be dealt with in such other manner as the Director-General directs.
The proposed amendment clarifies that the power of the Director-General of the Department of Primary Industries under section 9 of the Plant Diseases Act 1924 is to give directions on the manner in which a thing that has been seized under the section, but not destroyed, is to be dealt with.
Ports Corporatisation and Waterways Management Act 1995 No 13Omit “Waterways Authority”. Insert instead “Maritime Authority of NSW”.
Insert in alphabetical order in section 3 (1):
Omit the definition.
Omit “Waterways Authority” wherever occurring. Insert instead “Authority”.
Omit “
Insert instead “
Omit “
Omit “Waterways Authority” from section 35 (1).
Insert instead “Maritime Authority of NSW”.
Item [7] of the proposed amendments changes the name of the Waterways Authority constituted under section 35 of the Ports Corporatisation and Waterways Management Act 1995 to the Maritime Authority of NSW.
Items [1]–[6] make consequential amendments.
Property Legislation Amendment Act 2005 No 68Insert “in section 47 (1) (b) and” after “except” in item [8].
Insert after item [8]:
Omit the paragraph. Insert instead:
if the affecting interest is an easement or profit à prendre that benefits land under the provisions of this Act—in the folio of the Register for the land benefited.
Schedule 1 [7]–[11] to the Property Legislation Amendment Act 2005 (
Omit “regulatory authority” from section 110 (4).
Insert instead “Minister or by the regulatory authority or public authority”.
Omit “(by weight and volume)” from section 146D (2).
Insert “or inspected” after “tested” wherever occurring in section 207 (1) and (2).
Insert at the end of section 207 (2) (b):
, or
to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
Insert after section 207 (3):
The regulations may make provision for or with respect to the approval by the EPA of:
(a) the places at which articles are to be tested or inspected for the purposes of this section, and
(b) the persons who may carry out any such testing or inspection.
Without limiting subsection (4), the regulations may make provision for or with respect to the following:
(a) the issue, transfer, conditions, variation, surrender, review, suspension or revocation of an approval (including applications for the issue, transfer, variation or surrender of approvals) for the purposes of this section,
(b) the maximum fee that may be charged with respect to the testing or inspection of an article under subsection (2) (c).
Omit “an
Insert instead “an
Omit clause 3 (7). Insert instead:
The testing and inspection of articles, and requiring articles to be tested or inspected, for the purpose of:
(a) determining whether they comply with the requirements of this Act or the regulations, and
(b) without limiting paragraph (a), determining the level, nature, character or quality of the noise emitted by them or the noise that they are capable of emitting.
Insert after clause 4 (3):
The testing and inspection of vehicles or vessels, and requiring vehicles or vessels to be tested or inspected, for the purpose of determining whether they comply with the requirements of this Act or the regulations.
Omit “Waterways Authority” from the definition of
Insert instead “Maritime Authority of NSW”.
Item [1] of the proposed amendments makes it clear that a notice issued under Chapter 4 of the Protection of the Environment Operations Act 1997 (
Section 146D of the Act requires the EPA to furnish a litter report to the Minister. Item [2] of the proposed amendments removes the requirement for the quantity of litter in a litter report to be measured by weight and volume.
Items [3]–[5], [7] and [8] of the proposed amendments provide for and clarify various regulation-making and other powers for the inspection and testing of articles, including vehicles and vessels, under the Act.
Section 207 of the Act currently gives an authorised officer the power to require articles to be tested for the purpose of determining whether the articles comply with the requirements of the Act or the regulations under the Act. Item [3] of the proposed amendments makes it clear that this power covers the inspection of articles. Item [4] of the proposed amendments provides that an authorised officer may require an article to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
Item [5] of the proposed amendments provides that the regulations may make provision for:
(a) the approval by the EPA of places at which articles are to be tested or inspected and the persons who may carry out any such testing or inspection, and
(b) the issue, transfer, conditions, variation, surrender, review, suspension or revocation of such an approval (including applications for the issue, transfer, variation or surrender of approvals), and
(c) the maximum fee that may be charged with respect to the testing or inspection of an article.
Item [6] of the proposed amendments updates a reference to an office.
Items [7] and [8] of the proposed amendments clarify the regulation-making powers under Schedule 2 to the Act in relation to noise, and vehicles and vessels.
Item [9] of the proposed amendments updates a reference to a renamed body.
Public Sector Employment and Management Act 2002 No 43Insert in Part 2 in alphabetical order of Divisions:
Public Transport Ticketing Corporation Division | Chief Executive Officer of the Public Transport Ticketing Corporation |
Omit the matter relating to the Waterways Authority Division from columns 1 and 2.
Insert instead in alphabetical order of Divisions:
* Maritime Authority of NSW Division | Chief Executive of Maritime Authority of NSW |
Omit “Waterways Authority” from Part 2.
Insert instead “Maritime Authority of NSW”.
Item [1] of the proposed amendments establishes the Public Transport Ticketing Corporation Division as a Division of the Government Service in which staff are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the Public Transport Ticketing Corporation to exercise its functions. The amendment is consequential on the amendments to the Transport Administration Act 1988 contained elsewhere in this Schedule.
Items [2] and [3] of the proposed amendments update references to a renamed body.
Real Property Act 1900 No 25Omit section 105 (2) (b). Insert instead:
is accompanied by:
(i) a sealed copy of the writ, or
(ii) a copy of a sealed copy of the writ certified by the Sheriff to be a true copy,
Omit “and” from section 105A (4) (b).
Omit section 105A (4) (c). Insert instead:
in the case of a transfer, is accompanied by an associated agreement for sale endorsed with the relevant consent under section 113 (6) (b) of the Civil Procedure Act 2005, and
in the case of a mortgage, is endorsed with the relevant consent under section 113 (6) (b) of the Civil Procedure Act 2005,
Omit section 135 (6). Insert instead:
The Registrar-General may delegate to a member of staff of the Department of Lands the power of the Registrar-General to settle claims under this section.
Insert after section 138 (3) (c):
create a new edition of a computer folio,
Insert after section 138 (3):
If a court makes an order under subsection (3) (c), the Registrar-General may require a person to lodge with the Registrar-General a plan (being, where the Registrar-General so specifies, a plan of survey) of the relevant land, together with such number of copies of the plan, if any, as the Registrar-General may specify.
At present under section 105 of the Real Property Act 1900 (
Item [3] of the proposed amendments makes it clear that a mortgage that is registered by a judgment debtor under section 105A of the Act following the recording of a writ in the Register must be endorsed with the consent of the Sheriff to the mortgage (pursuant to section 113 (6) (b) of the Civil Procedure Act 2005). Item [2] is a consequential amendment.
Item [4] of the proposed amendments provides that the Registrar-General may delegate to a member of staff of the Department of Lands the power of the Registrar-General to settle any claim for payment of compensation from the Torrens Assurance Fund under section 135 of the Act.
Item [5] of the proposed amendments makes it clear that a court may, in relation to certain proceedings, order the Registrar-General to create a new edition of a computer folio of the Register.
Item [6] of the proposed amendments provides that where a court in relation to certain proceedings orders the Registrar-General to create a new folio of the Register, the Registrar-General may require a person to lodge with the Registrar-General a plan (with copies) of the relevant land.
Registered Clubs Act 1976 No 31Insert after section 6A (4):
The Director-General of the Department of the Arts, Sport and Recreation may delegate any of the Director-General’s functions under this Act in relation to key officials and former key officials (including the granting of approvals and exemptions under sections 59A and 59B):
(a) to the Commissioner, NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation, or
(b) if there is no such position in that Department—to a senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002) employed in the NSW Office of Liquor, Gaming and Racing, Department of the Arts, Sport and Recreation.
The proposed amendment enables the Director-General of the Department of the Arts, Sport and Recreation to delegate his or her functions under the Registered Clubs Act 1976 in relation to key officials (or former key officials) of that Department to the Commissioner, NSW Office of Liquor, Gaming and Racing or to a senior executive officer employed in that Office if the position of Commissioner does not exist.
Restricted Premises Act 1943 No 6Omit section 17 (6). Insert instead:
This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read:
(a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and
(b) in relation to such part of the land in the Western Division of the State as is not in a local government area—as a reference to the Western Lands Commissioner, and
(c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area.
At present, section 17 (6) of the Restricted Premises Act 1943 (
Currently, there are only 2 such areas—Lord Howe Island and part of the Western Division of the State. The Disorderly Houses Regulation 2001 (
As those authorities are unlikely to change, the proposed amendment transfers the relevant provision of the Regulation into the Act. This permits the repeal of the Regulation (which does nothing of substance other than prescribe those authorities) and obviates the necessity of remaking it every 5 years in connection with the staged repeal of statutory rules under section 10 of the Subordinate Legislation Act 1989. The Regulation would otherwise be repealed by section 10 (2) of that Act on 1 September 2006.
Retail Leases Act 1994 No 46Omit “Schedule 2”. Insert instead “Schedules 2 and 2A”.
Insert “, but does not include a dispute of the kind referred to in section 19 (1) (b) or 31 (1) (b) as to the rent payable under a retail shop lease (where the rent is to be current market rent for the shop)” after “security bond” in the definition of
Omit “Waste disposal and removal maintenance” from the matter under the heading “
Insert instead “Waste disposal and removal”.
Item [1] of the proposed amendments clarifies the status of notes.
Sections 19 and 31 of the Retail Leases Act 1994 (
Item [2] of the proposed amendments makes it clear that such a disagreement does not constitute a retail tenancy dispute for the purposes of Part 8 of the Act. Consequently, it will not be necessary for the parties to attempt mediation before applying to the Tribunal for the appointment of a specialist retail valuer.
Item [3] of the proposed amendments omits a redundant word.
Security Interests in Goods Act 2005 No 69Omit “the parties to it” from section 24 (c). Insert instead “each grantor”.
At present, section 24 of the Security Interests in Goods Act 2005 provides that a security instrument is a registrable security instrument for the purposes of that Act if, among other things, the instrument has been duly executed by the parties to it. The proposed amendment clarifies that the instrument need only be executed by each grantor.
State Records Act 1998 No 17Insert after section 7 (4):
However, if the defunct office whose functions have not devolved on another public office is a Royal Commission or Special Commission of Inquiry, the public office entitled to control of the record is The Cabinet Office.
The State Records Act 1998 (
At present, under section 7 (4) of the Act, the Minister for the Arts has to designate the public office that is entitled to control the State records of a public office that has ceased to exist but whose functions have not devolved on another public office. The proposed amendment provides that if a Royal Commission or Special Commission of Inquiry ceases to exist and its functions have not devolved on another public office, The Cabinet Office is the public office entitled to control of its State records for the purposes of the Act.
Subordinate Legislation Act 1989 No 146Insert after section 10 (3):
Despite the other provisions of this Part, the following regulations remain in force until 1 September 2007, unless sooner repealed:
(a) the Day Procedure Centres Regulation 1996,
(b) the Liquor Regulation 1996,
(c) the Private Hospitals Regulation 1996,
(d) the Registered Clubs Regulation 1996.
The Subordinate Legislation Act 1989 (
Section 11 of the Act permits the repeal of a statutory rule to be postponed, by order of the Governor, for a period of one year. However, the repeal of a particular statutory rule cannot be postponed on more than 5 occasions.
The repeals of the 4 Regulations to which the proposed amendment relates (
Accordingly, the proposed amendment has the effect of keeping the Regulations in force for a further period of one year after the date on which they would otherwise be repealed by the Act. However, any of the Regulations may be sooner repealed by other legislation.
Superannuation Act 1916 No 28Omit “pension under section 29” from section 61RB (2) (a).
Insert instead “specified invalidity pension”.
Insert at the end of section 61RB (10) (b):
, and
Omit “Waterways Authority” wherever occurring.
Insert instead “Maritime Authority of NSW”.
Section 61RB of the Superannuation Act 1916 provides for contributors or former contributors to elect to receive certain pensions in a form that complies with relevant Commonwealth superannuation standards. Under the current section 61RB (2) (a), pensions under section 29 of that Act are excluded from the pensions that may be the subject of such an election.
Items [1] and [2] of the proposed amendments make certain pensions under section 29 eligible to be the subject of such an election, while other pensions under section 29 remain excluded. A pension is eligible to be the subject of such an election if the period for payment has been determined, in accordance with section 29 (4A) (b) or (5), to be for the remainder of the relevant person’s life.
Item [3] of the proposed amendments updates references to a renamed body.
Surveying Act 2002 No 83Insert after section 10:
The Board must cause a registered surveyor’s name to be removed from the register of surveyors if the surveyor has failed to pay the registration administration fee on or before 31 August in any year.
A person whose name has been removed from the register of surveyors for failure to pay the registration administration fee is entitled to re-registration if the person pays to the Board any unpaid registration administration fee or fees together with the fee for an application for restoration of registration.
The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person’s registration immediately before the removal of the person’s name from the register of surveyors.
A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person’s name was removed from the register of surveyors or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered.
Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a registered surveyor but for this section.
An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person’s name is authorised or required to be removed from the register of surveyors.
It is a condition of registration as a registered surveyor under the Surveying Act 2002 that a registration administration fee be paid by on or before 31 August in each year. The proposed amendment provides for the manner in which a person who has been removed from the register of surveyors for failure to pay such a fee may be re-registered.
Teaching Service Act 1980 No 23Omit the section.
The proposed amendment omits a provision from the Teaching Service Act 1980 that deals with the enforcement of judgment debts against officers or temporary employees of the Teaching Service by means of attachment of their salary or wages as such matters are now dealt with under Part 8 of the Civil Procedure Act 2005 (Enforcement of judgments and orders). The provision proposed to be repealed is similar to that in the Attachment of Wages Limitation Act 1957 which was repealed by the Civil Procedure Act 2005.
Terrorism (Police Powers) Act 2002 No 115Insert after section 26ZO (7):
The report may be included with the report prepared by the Ombudsman under section 27ZC so long as the requirements of this section are complied with in relation to the report prepared under this section.
Omit “the Minister, the Commissioner of Police and the Crime Commissioner” from section 27ZC (3).
Insert instead “the Attorney General and the Minister for Police”.
Insert after section 27ZC (6):
The report may be included with the report prepared by the Ombudsman under section 26ZO so long as the requirements of this section are complied with in relation to the report prepared under this section.
Section 26ZO of the Terrorism (Police Powers) Act 2002 (
Items [1] and [3] amend the Act to enable the reports under sections 26ZO and 27ZC to be combined into one document.
Item [2] amends the Act so that a report under section 27ZC is to be provided to the Attorney General and the Minister for Police rather than as is currently the case to the Attorney General, the Commissioner of Police and the Crime Commissioner. The amendment will facilitate the issuing of the report in a combined document. The requirement that both reports under sections 26ZO and 27ZC are to be tabled before Parliament still applies.
Threatened Species Conservation Act 1995 No 101Omit “without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment” from section 36A (1).
Insert instead “or to omit the description of any species or population from, or insert a description of any species or population into, Schedule 1, 1A, 2 or 3, without following the procedure set out in Division 3 or 4, if, in the opinion of the Scientific Committee, the amendment, omission or insertion”.
Insert “described in Schedule 1, 1A, 2 or 3, or a reclassification of any such species into further species,” after “species”.
Insert “or that a description of a species or population be omitted from or inserted into Schedule 1, 1A, 2 or 3” after “be amended”.
Omit the paragraphs. Insert instead:
in the case of the amendment of a description—by omitting the description from the Schedule concerned and by inserting instead a description in the manner required by the determination, and
in the case of the omission or insertion of a description—by omitting the description from, or inserting the description into, the Schedule concerned.
Section 36A of the Threatened Species Conservation Act 1995 (
Item [1] of the proposed amendments makes it clear that Schedule 1, 1A, 2 or 3 to the Act may be amended under section 36A by omitting the description of any species or population from, or by inserting a description of any species or population into, any of those Schedules for the “taxonomic revision” or other purposes permitted by that section. Items [3] and [4] are consequential amendments.
Item [2] of the proposed amendments refines the “taxonomic revision” purpose for which amendments to Schedule 1, 1A, 2 or 3 may presently be made under section 36A by expressly allowing such amendments to be made if the Scientific Committee determines they are necessary or desirable to reflect a reclassification of a species described in Schedule 1, 1A, 2 or 3 into further species or subspecies as a result of taxonomic revision (and not merely to reflect a change of name of a species).
Transport Administration Act 1988 No 109Insert after section 35R (2) (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):
The Public Transport Ticketing Corporation cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Public Transport Ticketing Corporation to exercise its functions.
Insert at the end of section 35T (2) (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):
References in this Act to the staff or employees of the Public Transport Ticketing Corporation are required to be construed in accordance with section 4K of the Public Sector Employment and Management Act 2002.
Omit the section (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006).
Omit “Waterways Authority” wherever occurring.
Insert instead “Maritime Authority of NSW”.
Insert “, the Public Transport Ticketing Corporation” after “an Authority”.
Insert “and the Public Transport Ticketing Corporation” after “Regulator” in the definition of
Insert after item [1] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):
Omit “, the Public Transport Ticketing Corporation”.
Insert after item [2] (as inserted by the Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006):
Omit “and the Public Transport Ticketing Corporation” from the definition of
Omit the clause headed “
Insert instead:
A person who, immediately before the commencement of this clause, was employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service to enable the Public Transport Ticketing Corporation to exercise its functions is, on that commencement, taken to be employed by the Corporation under section 20M of the State Owned Corporations Act 1989 on the same terms and conditions as applied to the person before that commencement.
Insert after the clause headed “
The Public Sector Employment and Management Act 2002 is amended by omitting from Part 2 of Schedule 1 the matter relating to the Public Transport Ticketing Corporation Division.
Items [1]–[3] and [5]–[10] of the proposed amendments remove the employment functions of the Public Transport Ticketing Corporation, expressly prevent the Corporation from employing staff and make consequential amendments. The amendments are consistent with the amendments made to various Acts by the Public Sector Employment Legislation Amendment Act 2006. That Act, among other things, removed the employment functions of certain statutory corporations that employed their own staff (such as the RTA and the STA) and created the Government Service of New South Wales to facilitate the employment of staff in the public sector.
Item [4] of the proposed amendments updates references to a renamed body.
University of Sydney Act 1989 No 124Omit “Orange Agricultural College” from section 27 (1).
The proposed amendment to the University of Sydney Act 1989 removes a reference to the Orange Agricultural College as an academic college of the University of Sydney as a consequence of the college having been transferred from the University of Sydney to Charles Sturt University.
Water Management Act 2000 No 92Omit “reduction and deferral” from section 322 (1) (i).
Insert instead “reduction, deferral and refund”.
Omit clause 22. Insert instead:
The Cobar Water Board is to consist of 7 part-time members appointed by the Governor.
Of the members:
(a) one is to be selected by the Minister and is, in and by the instrument by which the person is appointed, to be appointed as President of the Board, and
(b) one is to be nominated by:
(i) Goldcorp Asia Pacific Pty Ltd, or
(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and
(c) one is to be nominated by:
(i) CBH Resources Limited, or
(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and
(d) one is to be nominated by:
(i) Cobar Management Pty Ltd, or
(ii) if another mining company is prescribed by the regulations for the purposes of this subparagraph, that company, and
(e) 3 are to be nominated by the Cobar Shire Council.
If a nomination under subclause (2) (b), (c), (d) or (e) is not made within a time notified by the Minister, a person nominated by the Minister is to be appointed.
A person who, immediately before the substitution of this clause by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 2006, held office as a member of the Cobar Water Board ceases to hold office on that substitution.
A person who ceases to hold office because of subclause (4) is not entitled to any remuneration or compensation because of so ceasing to hold office.
Omit the clause.
Section 322 of the Water Management Act 2000 (
Item [1] of the proposed amendments enables the making of regulations for or with respect to the refund of those fees and charges.
Clause 22 of Schedule 5 to the Act provides for the constitution of the Cobar Water Board. Currently, that Board comprises 5 part-time members appointed by the Governor of whom:
(a) one is a member of the Public Service who is also appointed as President of the Board, and
(b) 2 are selected by the Minister administering the relevant parts of that Act (currently the Minister for Water Utilities) of whom one is from a panel nominated by Peak Gold Mines Pty Limited (and such other mining companies as the Minister determines) and one from a panel nominated by Pasminco Australia Limited (and such other mining companies as the Minister determines), and
(c) 2 are nominated by the Cobar Shire Council.
The 2 mining companies specified operated the 2 mines in the Cobar area at the time the clause was enacted.
Item [2] of the proposed amendments restructures the Cobar Water Board as follows:
(a) to provide that the Board has 7 part-time members instead of 5 part-time members,
(b) to provide that the person appointed as President of the Board by the Minister for Water Utilities is not required to be a public servant,
(c) to take account of the fact that 3 mines now operate in the Cobar area,
(d) to update the references to the names of the mining companies operating those mines and provide a mechanism to allow the relevant nominating mining companies to be altered by regulation in the future,
(e) to provide that Cobar Shire Council may nominate 3 instead of 2 members,
(f) to deal with the transition from the old Board composition to the new composition.
Clause 23 (Vacation of office by President) of Schedule 5 to the Act currently provides that the President ceases to be a member of the Cobar Water Board if he or she ceases to be a member of the Public Service. Item [3] of the proposed amendments repeals that clause as a consequence of the amendment specified above removing the requirement that the President of the Board be a public servant.
(Section 3)
Albury Local Environmental Plan 2000Renumber clause 64A (as inserted by Albury Local Environmental Plan 2000 (Amendment No 7)) as clause 64B.
The proposed amendment corrects duplicate clause numbering.
Children and Young Persons (Care and Protection) Act 1998 No 157Omit “authorised justice” wherever occurring.
Insert instead “authorised officer”.
Omit “the justice”. Insert instead “the officer”.
The proposed amendments update references to an office.
Community Land Development Act 1989 No 201Omit the definition. Insert instead in alphabetical order:
Omit “Residential Tribunal” wherever occurring.
Insert instead “Tribunal”.
The proposed amendments update references to a tribunal.
Constitution Further Amendment (Referendum) Act 1930 No 2Omit “as on open court”. Insert instead “as in open court”.
The proposed amendment corrects a typographical error.
Consumer Claims Regulation 1999Omit “Property, Stock and Business Agents Act 1941”.
Insert instead “Property, Stock and Business Agents Act 2002”.
The proposed amendment updates a cross-reference.
Consumer Credit Administration Act 1995 No 69Renumber section 9 (5) as section 9 (4).
The proposed amendment corrects numbering.
Consumer, Trader and Tenancy Tribunal Act 2001 No 82Insert “has” after “party”.
Insert “or” at the end of the paragraph.
Item [1] of the proposed amendments inserts a missing word.
Item [2] of the proposed amendments inserts a missing conjunction.
Consumer, Trader and Tenancy Tribunal Regulation 2002Renumber paragraph (b) where secondly occurring as paragraph (c).
The proposed amendment corrects duplicate numbering in a note.
Crimes Act 1900 No 40Omit paragraph (c). Insert instead:
an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of the Law Enforcement (Powers and Responsibilities) Act 2002 either personally or as the holder of a specified office.
The proposed amendment updates the description of an office.
Crimes (Forensic Procedures) Act 2000 No 59Omit “authorised justice” wherever occurring.
Insert instead “authorised officer”.
Omit “authorised justice’s name”.
Insert instead “authorised officer’s name”.
The proposed amendments update references to an office.
Dungog Local Environmental Plan 2006Omit “676896)]” from the matter relating to item 131 under the heading “Street address”.
Insert instead “676896]”.
The proposed amendment removes unnecessary punctuation.
Energy Savings Order 2005Omit “Manildra Floor Mills”. Insert instead “Manildra Flour Mills”.
Omit “Onesteel Rod, Bar & Wire”.
Insert instead “OneSteel Rod, Bar & Wire”.
Omit “Casino Abbotoir”. Insert instead “Casino Abattoir”.
The proposed amendments correct typographical errors.
Environmentally Hazardous Chemicals Act 1985 No 14Omit “authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002” wherever occurring.
Insert instead “issuing officer”.
Insert after section 46 (4):
In this section:
The proposed amendments clarify references to an office holder.
First State Superannuation Act 1992 No 100Omit “Waterways Authority”.
Insert instead “Maritime Authority of NSW”.
The proposed amendment updates a reference to a renamed body.
Fisheries Management Act 1994 No 38Omit “
Insert instead “
The proposed amendment updates a heading.
Fisheries Management (Aquatic Reserves) Regulation 2002Omit “Resrve”. Insert instead “Reserve”.
The proposed amendment corrects a typographical error.
Fitness Services (Pre-paid Fees) Act 2000 No 95Omit “Search Warrants Act 1985”.
Insert instead “Law Enforcement (Powers and Responsibilities) Act 2002”.
The proposed amendment updates a cross-reference.
Gosford City Centre Local Environmental Plan 2005Omit “accessability”. Insert instead “accessibility”.
Omit “Waterways Authority” from Column 2 of the matter relating to Navigational aids.
Insert instead “Maritime Authority of NSW”.
Omit “Waterways Authority” wherever occurring.
Insert instead “Maritime Authority of NSW”.
Item [1] of the proposed amendments corrects a typographical error.
Items [2] and [3] of the proposed amendments update references to a renamed body.
Government and Related Employees Appeal Tribunal Act 1980 No 39Omit “Waterways Authority”.
Insert instead in alphabetical order “Maritime Authority of NSW”.
The proposed amendment updates a reference to a renamed body.
Great Lakes Local Environmental Plan 1996Omit “with” wherever occurring in item 1 (d) and (e) of the matter relating to Zone No 7 (a1) (Environmental Protection Zone).
Insert instead “will”.
Omit “satsified” from item 2 (6). Insert instead “satisfied”.
The proposed amendments correct typographical errors.
Health Records and Information Privacy Act 2002 No 71Omit “use”. Insert instead “disclosure”.
The proposed amendment corrects a typographical error.
Home Building Act 1989 No 147Omit “in”. Insert instead “on”.
Omit “section 103A (7)”. Insert instead “section 103A (5)”.
Renumber section 103A (5), (6) and (7) as section 103A (3), (4) and (5), respectively.
Item [1] of the proposed amendments corrects a typographical error.
Item [2] of the proposed amendments is consequential on the amendment proposed to be made by item [3].
Item [3] of the proposed amendments renumbers provisions.
Hurstville Local Environmental Plan 1994Omit “the the”. Insert instead “the”.
The proposed amendment omits a duplicated word.
Impounding Act 1993 No 31Omit “Waterways Authority”.
Insert instead “Maritime Authority of NSW”.
The proposed amendment updates a reference to a renamed body.
Interpretation Act 1987 No 15Insert “Chapters,” before “Parts”.
The proposed amendment clarifies the status of Chapter headings.
Lake Macquarie Local Environmental Plan 2004Omit “Waterways Authority” wherever occurring in item 2 of the matter under the heading
Insert instead “Maritime Authority of NSW”.
Omit “Waterways Authority”.
Insert instead “Maritime Authority of NSW”.
The proposed amendments update references to a renamed body.
Land Tax Management Act 1956 No 26Omit the section.
The proposed amendment omits a spent amendment.
Law Enforcement (Powers and Responsibilities) Act 2002 No 103Omit “(5)” wherever occurring. Insert instead “(7)”.
Omit the item.
Omit “(3)”. Insert instead “(4)”.
Items [1] and [3] of the proposed amendments correct incorporation directions.
Item [2] of the proposed amendments omits an unnecessary amendment.
Local Government Act 1993 No 30Omit “Waterways Authority”.
Insert instead “Maritime Authority of NSW”.
The proposed amendment updates a reference to a renamed body.
Local Government (General) Regulation 2005Omit “dispostion”. Insert instead “disposition”.
The proposed amendment corrects a typographical error.
Lord Howe Island Regional Environmental Plan 2005Omit “occupany” from paragraph (b) (iii). Insert instead “occupancy”.
The proposed amendment corrects a typographical error.
Maclean Local Environmental Plan 2001Omit “Waterways Authority”.
Insert instead “Maritime Authority of NSW”.
The proposed amendment updates a reference to a renamed body.
Marine Safety Act 1998 No 121Omit the definition. Insert instead in alphabetical order:
Omit “Waterways Authority” wherever occurring.
Insert instead “Maritime Authority”.
Insert instead “Part 3.2 of the Legal Profession Act 2004”.
Omit “barrister, solicitor” wherever occurring.
Insert instead “Australian legal practitioner”.
Dust Diseases Tribunal Act 1989 No 63Omit “a barrister or solicitor” wherever occurring.
Insert instead “an Australian legal practitioner”.
Omit “solicitors” from section 25A (1) (b) (i).
Insert instead “Australian legal practitioner”.
Local Courts Act 1982 No 164Omit “a barrister or solicitor” wherever occurring in the definitions of
Insert instead “an Australian legal practitioner”.
Omit “a barrister or solicitor” from section 23 (3).
Insert instead “an Australian legal practitioner”.
Omit “a barrister or solicitor” from section 50 (1).
Insert instead “an Australian legal practitioner”.
Omit “barrister or solicitor” wherever occurring.
Insert instead “Australian legal practitioner”.
Omit “a barrister or solicitor” from section 58 (1).
Insert instead “an Australian legal practitioner”.
Omit “Division 6 of Part 11 of the Legal Profession Act 1987” from section 62 (2).
Insert instead “Division 11 of Part 3.2 of the Legal Profession Act 2004”.
Omit “Part 11 of the Legal Profession Act 1987” from section 63 (3).
Insert instead “Part 3.2 of the Legal Profession Act 2004”.
Nurses and Midwives Act 1991 No 9Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “a barrister or solicitor” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “the barrister or solicitor”. Insert instead “the Australian lawyer”.
Omit “a barrister or solicitor” wherever occurring.
Insert instead “an Australian legal practitioner”.
Optometrists Act 2002 No 30Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “legal practitioner” from section 91 (2) (f).
Insert instead “Australian lawyer”.
Omit “legal practitioners” from section 104 (1).
Insert instead “Australian lawyers”.
Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Osteopaths Act 2001 No 16Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “legal practitioner” from section 87 (2) (f).
Insert instead “Australian lawyer”.
Omit “legal practitioners” from section 100 (1).
Insert instead “Australian lawyers”.
Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Pharmacy Act 1964 No 48Omit “a barrister or solicitor” wherever occurring.
Insert instead “an Australian lawyer”.
Physiotherapists Act 2001 No 67Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “legal practitioner” from section 88 (2) (f).
Insert instead “Australian lawyer”.
Omit “legal practitioners” from section 101 (1).
Insert instead “Australian lawyers”.
Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Podiatrists Act 2003 No 69Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “legal practitioner” from section 87 (2) (f).
Insert instead “Australian lawyer”.
Omit “legal practitioners” from section 100 (1).
Insert instead “Australian lawyers”.
Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Psychologists Act 2001 No 69Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian lawyer”.
Omit “legal practitioners” from section 100 (1).
Insert instead “Australian lawyers”.
Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Sydney Harbour Foreshore Authority Act 1998 No 170Omit “solicitor” from section 38 (6) (e).
Insert instead “Australian legal practitioner”.
Sydney Olympic Park Authority Act 2001 No 57Omit “solicitor” from section 71 (6) (d).
Insert instead “Australian legal practitioner”.
Taxation Administration Act 1996 No 97Omit “or a trust account inspector, or investigator, appointed under section 55 of the Legal Profession Act 1987” from section 82 (k) (viii).
Insert instead “, an investigator appointed under section 267 of the Legal Profession Act 2004 or an external examiner appointed under Division 4 of Part 3.1 of that Act”.
Tow Truck Industry Act 1998 No 111Omit “a lawyer” from section 80 (4) (b).
Insert instead “an Australian legal practitioner”.
Transport Appeal Boards Act 1980 No 104Omit “a legal practitioner” wherever occurring in section 11D (4).
Insert instead “an Australian lawyer”.
Trustee Act 1925 No 14Omit “a solicitor” from section 53 (1).
Insert instead “an Australian legal practitioner,”.
Omit “solicitor”. Insert instead “Australian legal practitioner”.
Omit “counsel or solicitor” wherever occurring.
Insert instead “Australian legal practitioner”.
Valuation of Land Act 1916 No 2Omit “solicitor”. Insert instead “Australian legal practitioner”.
Omit “counsel, or solicitor,”. Insert instead “Australian legal practitioner”.
Omit “counsel, solicitor,”. Insert instead “Australian legal practitioner”.
Victims Support and Rehabilitation Act 1996 No 115Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
Wills, Probate and Administration Act 1898 No 13Omit “solicitor’s” from section 86 (3).
Insert instead “Australian legal practitioner’s”.
Omit “attorney, solicitor, or proctor”.
Insert instead “attorney or Australian legal practitioner”.
Omit “solicitors of the Court”.
Insert instead “Australian legal practitioners”.
Witness Protection Act 1995 No 87Omit “a legal practitioner” from section 31E (2) (d).
Insert instead “an Australian legal practitioner”.
Workplace Injury Management and Workers Compensation Act 1998 No 86Omit “a legal practitioner” wherever occurring in section 369 (2) (b), (3) (a) and (4).
Insert instead “an Australian lawyer”.
Workplace Surveillance Act 2005 No 47Omit “his or her lawyers” wherever occurring in section 29 (2) (d).
Insert instead “his or her Australian legal practitioner”.
Young Offenders Act 1997 No 54Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
(Section 4)
Name of Act | Extent of repeal |
Brigalow and Nandewar Community Conservation Area Act 2005 No 56 | Section 39 and Schedule 12 |
Building Legislation Amendment (Smoke Alarms) Act 2005 No 57 | Whole Act |
Cancer Institute (NSW) Act 2003 No 14 | Section 28 and Schedule 3 |
Child Protection (Offenders Prohibition Orders) Act 2004 No 46 | Section 22 and Schedule 1 |
Children and Young Persons (Care and Protection) Amendment Act 2005 No 93 | Section 4, Schedule 1 [2], [3] and [9]–[19] and Schedule 2 |
Children and Young Persons Legislation (Repeal and Amendment) Act 1998 No 158 | Section 4, Schedule 1 and Schedule 2.1–2.5, 2.6 [2]–[5], 2.7, 2.8, 2.11, 2.12, 2.15, 2.16, 2.18, 2.20, 2.21, 2.23, 2.25 and 2.27 |
Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 No 76 | Whole Act |
Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004 No 82 | Section 4, Schedule 1 [1]–[26] and [29]–[34] and Schedule 2 |
Commercial Agents and Private Inquiry Agents Act 2004 No 70 | Section 41 and Schedule 3 |
Companion Animals Amendment Act 2005 No 101 | Whole Act |
Confiscation of Proceeds of Crime Amendment Act 2005 No 73 | Sections 4–6, Schedule 1 [5], [7], [9]–[15], [17]–[19], [24], [31]–[33], [35], [36], [73]–[76], [79]–[83], [85]–[96], [104] and [106]–[108] and Schedules 2–4 |
Consumer Credit (New South Wales) Amendment (Maximum Annual Percentage Rate) Act 2005 No 86 | Whole Act |
Crimes (Administration of Sentences) Amendment (Parole) Act 2004 No 94 | Schedule 1 [1]–[7], [10]–[16] and [19]–[75] and Schedule 2.1, 2.2 and 2.4–2.7 |
Crimes Amendment (Animal Cruelty) Act 2005 No 94 | Whole Act |
Crimes Amendment (Road Accidents) (Brendan’s Law) Act 2005 No 74 | Whole Act |
Crimes and Courts Legislation Amendment Act 2005 No 103 | Schedules 1, 2 and 4–7 |
Crimes Legislation Amendment Act 2002 No 130 | Whole Act |
Crimes Legislation Further Amendment Act 2003 No 85 | Whole Act |
Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 No 7 | Whole Act |
Criminal Procedure Amendment (Prosecutions) Act 2005 No 75 | Whole Act |
Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005 No 102 | Whole Act |
Criminal Procedure Further Amendment (Evidence) Act 2005 No 25 | Whole Act |
Defamation Act 2005 No 77 | Section 48 and Schedules 5 and 6 |
Dried Fruits (Repeal) Act 1997 No 124 | Part 5, section 21 and Schedules 1 and 2 |
Electricity Supply Act 1995 No 94 | Section 108 and Schedule 5 |
Energy Administration Amendment (Water and Energy Savings) Act 2005 No 18 | Whole Act |
Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43 | Whole Act |
Farm Debt Mediation Amendment (Water Access Licences) Act 2005 No 95 | Whole Act |
First State Superannuation Legislation Amendment (Conversion) Act 2005 No 91 | Sections 3 and 6 and Schedules 1, 2 and 4 |
Fiscal Responsibility Act 2005 No 41 | Section 24 and Schedule 1 |
Gaming Machines Amendment Act 2005 No 78 | Whole Act |
Gene Technology (GM Crop Moratorium) Act 2003 No 12 | Section 41 and Schedule 2 |
Gene Technology (GM Crop Moratorium) Amendment (Postponement of Expiry) Act 2005 No 81 | Whole Act |
Health Legislation Amendment Act 2005 No 82 | Whole Act |
Home Building Amendment Act 2004 No 101 | Section 4 and Schedules 1–4, 5 [1], [2] and [4], 6–8, 9.1–9.3 and 9.5–9.9 |
Human Tissue and Anatomy Legislation Amendment Act 2003 No 18 | Whole Act |
Industrial Relations Amendment Act 2005 No 104 | Whole Act |
Institute of Teachers Act 2004 No 65 | Section 54 and Schedule 4 |
James Hardie Former Subsidiaries (Special Provisions) Act 2005 No 45 | Section 44 and Schedule 2 |
Law Enforcement Legislation Amendment (Public Safety) Act 2005 No 119 | Whole Act |
Legal Profession Act 2004 No 112 | Sections 735 and 736 and Schedules 1 and 6 |
Licensing and Registration (Uniform Procedures) Amendment (Photo ID) Act 2004 No 105 | Section 4, Schedule 1 [1]–[4] and [6] and Schedule 2 |
Local Government Amendment Act 2005 No 59 | Whole Act |
Luna Park Site Amendment (Noise Control) Act 2005 No 72 | Whole Act |
Mental Health (Criminal Procedure) Amendment Act 2005 No 109 | Whole Act |
Mines Inspection Amendment Act 1998 No 69 | Sections 4 and 5, Schedule 1 [1]–[19] and [21]–[87] and Schedules 2 and 3 |
Mining Amendment (Miscellaneous Provisions) Act 2004 No 75 | Schedule 1 [2]–[5], [16], [18], [19], [21]–[25], [28], [29], [31]–[33], [35], [36], [42] and [43] |
National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004 No 52 | Whole Act |
National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004 No 53 | Whole Act |
Native Vegetation Act 2003 No 103 | Section 53 and Schedule 2 |
Noxious Weeds Amendment Act 2005 No 29 | Whole Act |
NSW Self Insurance Corporation Act 2004 No 106 | Section 17 and Schedule 2 |
Nurses Amendment Act 2003 No 45 | Whole Act |
Pacific Power (Dissolution) Act 2003 No 17 | Section 19 and Schedule 3 |
Parliamentary Superannuation Legislation Amendment Act 2005 No 110 | Whole Act |
Plantations and Reafforestation Act 1999 No 97 | Section 72 and Schedule 2 |
Podiatrists Act 2003 No 69 | Section 133 and Schedule 6 |
Police Amendment (Death and Disability) Act 2005 No 112 | Whole Act |
Police Integrity Commission Amendment Act 2005 No 5 | Section 3, Schedule 1 and Schedule 2.1 and 2.2 [2] |
Poultry Meat Industry Amendment (Prevention of National Competition Policy Penalties) Act 2005 No 48 | Schedule 1 [1]–[9] and [11]–[29] |
Prevention of Cruelty to Animals Amendment Act 2005 No 50 | Section 3, Schedule 1 and Schedule 2.1 and 2.2 |
Property Legislation Amendment Act 2005 No 68 | Sections 4–7, Schedule 1 [1]–[6] and [12]–[14] and Schedules 2–5 |
Public Sector Employment and Management Amendment (Extended Leave) Act 2005 No 85 | Whole Act |
Redfern–Waterloo Authority Act 2004 No 107 | Section 50 and Schedule 3 |
Regulatory Reduction Act 1996 No 107 | Whole Act |
Residential Tenancies Amendment (Public Housing) Act 2004 No 66 | Schedule 1 [1], [3]–[5] and [9] |
Residential Tenancies Amendment (Social Housing) Act 2005 No 79 | Whole Act |
Retail Leases Amendment Act 2005 No 90 | Whole Act |
Road Transport (General) Act 2005 No 11 | Section 247 and Schedule 3 |
Road Transport Legislation (Speed Limiters) Amendment Act 2005 No 36 | Whole Act |
Security Interests in Goods Act 2005 No 69 | Section 38 and Schedule 5 |
Shops and Industries Amendment (Special Shop Closures) Act 2005 No 92 | Whole Act |
Sporting Venues (Offenders Banning Orders) Act 2005 No 67 | Section 11 and Schedule 2 |
Standard Time Amendment (Daylight Saving) Act 2005 No 71 | Whole Act |
State Emergency and Rescue Management Amendment Act 2005 No 80 | Whole Act |
State Emergency Service Amendment Act 2005 No 88 | Whole Act |
State Revenue Legislation Further Amendment Act 2005 No 111 | Schedules 1–4, Schedule 5 [3] and [5] and Schedules 6–8 |
State Water Corporation Act 2004 No 40 | Section 38 and Schedule 3 |
Statute Law (Miscellaneous Provisions) Act 2000 No 53 | Whole Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93 | Whole Act |
Statute Law (Miscellaneous Provisions) Act 2001 No 56 | Whole Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112 | Whole Act |
Statute Law (Miscellaneous Provisions) Act 2002 No 53 | Whole Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112 | Whole Act |
Statute Law (Miscellaneous Provisions) Act 2003 No 40 | Whole Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82 | Whole Act |
Statute Law (Miscellaneous Provisions) Act 2004 No 55 | Whole Act |
Statute Law (Miscellaneous Provisions) Act (No 2) 2004 No 91 | Schedule 1, Schedule 2.1–2.18 and 2.20–2.127 and Schedule 3 |
Stock Medicines Amendment Act 2004 No 89 | Schedule 1 [1]–[20] and [22]–[43] and Schedule 2.1 and 2.3 |
Superannuation Legislation Amendment Act 2005 No 52 | Whole Act |
Sydney Olympic Park Authority Act 2001 No 57 | Sections 86 (1) and 87, Part 1 of Schedule 6 and Schedule 7 |
Technical and Further Education Commission Amendment (Staff) Act 2005 No 99 | Whole Act |
Terrorism Legislation Amendment (Warrants) Act 2005 No 54 | Sections 3–5 and Schedules 1–4 |
Terrorism (Police Powers) Amendment (Preventative Detention) Act 2005 No 114 | Whole Act |
Threatened Species Conservation Amendment Act 2002 No 78 | Whole Act |
Threatened Species Legislation Amendment Act 2004 No 88 | Schedule 1, Schedule 2 [1], [15], [16], [18], [27]–[31], [33]–[40], [42], [43], [45], [46] and [50] and Schedule 3 |
Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005 No 55 | Schedule 1, Schedule 2 [1]–[31], [33]–[57] and [59]–[61] and Schedules 3 and 4 |
Valuers Act 2003 No 4 | Section 46 and Schedule 1 |
Water Management Amendment Act 2005 No 118 | Whole Act |
Workers Compensation Amendment (Insurance Reform) Act 2003 No 81 | Schedule 1, Schedule 2 [1], [2] and [28]–[73] and Schedule 3.1–3.3 and 3.4 [2], [3] and [6]–[15] |
Workers Compensation Legislation Amendment Act 2003 No 29 | Whole Act |
Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 No 113 | Section 6, Schedules 2.1, 2.2 [1]–[6], 3.2 [1] and 4 |
1 indicates repeal of a whole Act that contains only amendments, or amendments and repeals, that have commenced and provisions that are redundant
2 indicates repeal of those provisions of an Act that contain only amendments, or amendments and repeals, that have commenced or are redundant
The repeals are explained in detail in the Explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions. The Acts that were amended by the Acts being repealed are up-to-date on the Legislation Database maintained by the Parliamentary Counsel’s Office and are available electronically.
Section 30 (2) of the Interpretation Act 1987 ensures that, when an 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.
The amendment by this Act of an order made under the Energy and Utilities Administration Act 1987 does not prevent its later amendment or repeal by another such order or other instrument.
This clause ensures that the amendment of the Energy Savings Order 2005 by Schedule 2 does not prevent its amendment or repeal by another order or other 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.
Agricultural Scientific Collections Trust Act 1983 No 148—Schedule 1
Albury Local Environmental Plan 2000—Schedule 2
Centenary Institute of Cancer Medicine and Cell Biology Act 1985 No 192—Schedule 1
Children and Young Persons (Care and Protection) Act 1998 No 157—Schedule 2
Coal Mine Health and Safety Act 2002 No 129—Schedule 1
Commercial Agents and Private Inquiry Agents Act 2004 No 70—Schedule 1
Community Land Development Act 1989 No 201—Schedule 2
Companion Animals Act 1998 No 87—Schedule 1
Constitution Further Amendment (Referendum) Act 1930 No 2—Schedule 2
Consumer Claims Regulation 1999—Schedule 2
Consumer Credit Administration Act 1995 No 69—Schedule 2
Consumer, Trader and Tenancy Tribunal Act 2001 No 82—Schedules 2 and 3
Consumer, Trader and Tenancy Tribunal Regulation 2002—Schedule 2
Conveyancing Act 1919 No 6—Schedule 1
Co-operatives Act 1992 No 18—Schedule 1
Crimes Act 1900 No 40—Schedule 2
Crimes (Administration of Sentences) Act 1999 No 93—Schedule 1
Crimes (Forensic Procedures) Act 2000 No 59—Schedule 2
Crown Lands Act 1989 No 6—Schedule 1
Dental Practice Act 2001 No 64—Schedule 3
Dental Technicians Registration Act 1975 No 40—Schedule 3
District Court Act 1973 No 9—Schedule 3
Dungog Local Environmental Plan 2006—Schedule 2
Dust Diseases Tribunal Act 1989 No 63—Schedule 3
Energy Savings Order 2005—Schedule 2
Environmental Planning and Assessment Act 1979 No 203—Schedule 1
Environmentally Hazardous Chemicals Act 1985 No 14—Schedule 2
First State Superannuation Act 1992 No 100—Schedule 2
Fisheries Management Act 1994 No 38—Schedule 2
Fisheries Management (Aquatic Reserves) Regulation 2002—Schedule 2
Fitness Services (Pre-paid Fees) Act 2000 No 95—Schedule 2
Game and Feral Animal Control Act 2002 No 64—Schedule 1
Garvan Institute of Medical Research Act 1984 No 106—Schedule 1
Gene Technology (GM Crop Moratorium) Act 2003 No 12—Schedule 1
Gosford City Centre Local Environmental Plan 2005—Schedule 2
Government and Related Employees Appeal Tribunal Act 1980 No 39—Schedule 2
Great Lakes Local Environmental Plan 1996—Schedule 2
Health Records and Information Privacy Act 2002 No 71—Schedule 2
Higher Education (Amalgamation) Act 1989 No 65—Schedule 1
Holiday Parks (Long-term Casual Occupation) Act 2002 No 88—Schedule 1
Home Building Act 1989 No 147—Schedule 2
Hurstville Local Environmental Plan 1994—Schedule 2
Impounding Act 1993 No 31—Schedule 2
Independent Commission Against Corruption Act 1988 No 35—Schedule 1
Interpretation Act 1987 No 15—Schedule 2
Lake Macquarie Local Environmental Plan 2004—Schedule 2
Land Tax Management Act 1956 No 26—Schedule 2
Law Enforcement (Powers and Responsibilities) Act 2002 No 103—Schedule 2
Liquor Act 1982 No 147—Schedule 1
Local Courts Act 1982 No 164—Schedule 3
Local Government Act 1993 No 30—Schedule 2
Local Government (General) Regulation 2005—Schedule 2
Lord Howe Island Regional Environmental Plan 2005—Schedule 2
Maclean Local Environmental Plan 2001—Schedule 2
Marine Safety Act 1998 No 121—Schedule 2
Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78—Schedule 2
Marketing of Primary Products Act 1983 No 176—Schedule 2
Mine Health and Safety Act 2004 No 74—Schedule 1
Mudgee Local Environmental Plan 1998—Schedule 2
Murray Regional Environmental Plan No 2—Riverine Land—Schedule 2
National Parks and Wildlife Act 1974 No 80—Schedule 2
Non-Indigenous Animals Act 1987 No 166—Schedule 1
Non-Indigenous Animals Regulation 1997—Schedule 2
Nurses and Midwives Act 1991 No 9—Schedule 3
Optometrists Act 2002 No 30—Schedule 3
Osteopaths Act 2001 No 16—Schedule 3
Passenger Transport Act 1990 No 39—Schedule 1
Pharmacy Act 1964 No 48—Schedule 3
Physiotherapists Act 2001 No 67—Schedule 3
Plant Diseases Act 1924 No 38—Schedule 1
Podiatrists Act 2003 No 69—Schedule 3
Police Integrity Commission Act 1996 No 28—Schedule 2
Ports Corporatisation and Waterways Management Act 1995 No 13—Schedule 1
Property Legislation Amendment Act 2005 No 68—Schedule 1
Protection of the Environment Operations Act 1997 No 156—Schedule 1
Psychologists Act 2001 No 69—Schedule 3
Public Finance and Audit Act 1983 No 152—Schedule 2
Public Sector Employment and Management Act 2002 No 43—Schedule 1
Real Property Act 1900 No 25—Schedule 1
Registered Clubs Act 1976 No 31—Schedule 1
Residential Parks Act 1998 No 142—Schedule 2
Residential Parks Regulation 1999—Schedule 2
Residential Tenancies Act 1987 No 26—Schedule 2
Restricted Premises Act 1943 No 6—Schedule 1
Retail Leases Act 1994 No 46—Schedule 1
Rivers and Foreshores Improvement Act 1948 No 20—Schedule 2
Road and Rail Transport (Dangerous Goods) Act 1997 No 113—Schedule 2
Royal Commission (Police Service) Act 1994 No 60—Schedule 2
Scone Local Environmental Plan 1986—Schedule 2
Security Industry Act 1997 No 157—Schedule 2
Security Industry Amendment Act 2005 No 63—Schedule 2
Security Interests in Goods Act 2005 No 69—Schedule 1
Shellharbour Local Environmental Plan 2000—Schedule 2
State Authorities Non-contributory Superannuation Act 1987 No 212—Schedule 2
State Authorities Superannuation Act 1987 No 211—Schedule 2
State Emergency and Rescue Management Act 1989 No 165—Schedule 2
State Environmental Planning Policy No 64—Advertising and Signage—Schedule 2
State Environmental Planning Policy (Major Projects) 2005—Schedule 2
State Environmental Planning Policy (Sydney Metropolitan Water Supply) 2004—Schedule 2
State Records Act 1998 No 17—Schedule 1
State Sports Centre Trust Act 1984 No 68—Schedule 2
Strata Schemes (Freehold Development) Act 1973 No 68—Schedule 2
Strata Schemes (Leasehold Development) Act 1986 No 219—Schedule 2
Subordinate Legislation Act 1989 No 146—Schedule 1
Summary Offences Act 1988 No 25—Schedule 2
Superannuation Act 1916 No 28—Schedule 1
Surveying Act 2002 No 83—Schedule 1
Sutherland Shire Local Environmental Plan 2000—Schedule 2
Sydney Harbour Foreshore Authority Act 1998 No 170—Schedules 2 and 3
Sydney Local Environmental Plan 2005—Schedule 2
Sydney Olympic Park Authority Act 2001 No 57—Schedule 3
Sydney Regional Environmental Plan No 26—City West—Schedule 2
Sydney Regional Environmental Plan No 28—Parramatta—Schedule 2
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005—Schedule 2
Taxation Administration Act 1996 No 97—Schedule 3
Teaching Service Act 1980 No 23—Schedule 1
Terrorism (Police Powers) Act 2002 No 115—Schedule 1
Threatened Species Conservation Act 1995 No 101—Schedule 1
Tow Truck Industry Act 1998 No 111—Schedule 3
Transport Administration Act 1988 No 109—Schedule 1
Transport Appeal Boards Act 1980 No 104—Schedule 3
Trustee Act 1925 No 14—Schedule 3
Trustee Companies Act 1964 No 6—Schedule 2
Trustee Companies Regulation 2005—Schedule 2
University of Sydney Act 1989 No 124—Schedule 1
Valuation of Land Act 1916 No 2—Schedule 3
Victims Support and Rehabilitation Act 1996 No 115—Schedule 3
Warringah Local Environmental Plan 2000—Schedule 2
Water Management Act 2000 No 92—Schedule 1
Water Sharing Plan for the Apsley River Water Source 2003—Schedule 2
Water Sharing Plan for the Commissioners Waters Water Source 2003—Schedule 2
Water Sharing Plan for the Coopers Creek Water Source 2003—Schedule 2
Water Sharing Plan for the Kangaroo River Water Source 2003—Schedule 2
Water Sharing Plan for the Karuah River Water Source 2003—Schedule 2
Water Sharing Plan for the Kulnura Mangrove Mountain Groundwater Sources 2003—Schedule 2
Water Sharing Plan for the Lower Macquarie Groundwater Sources 2003—Schedule 2
Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Source 2003—Schedule 2
Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003—Schedule 2
Water Sharing Plan for the Ourimbah Creek Water Source 2003—Schedule 2
Water Sharing Plan for the Phillips Creek, Mooki River, Quirindi Creek and Warrah Creek Water Sources 2003—Schedule 2
Water Sharing Plan for the Rocky Creek, Cobbadah, Upper Horton and Lower Horton Water Source 2003—Schedule 2
Water Sharing Plan for the Stuarts Point Groundwater Source 2003—Schedule 2
Water Sharing Plan for the Toorumbee Creek Water Source 2003—Schedule 2
Water Sharing Plan for the Upper Billabong Water Source 2003—Schedule 2
Water Sharing Plan for the Upper Brunswick River Water Source 2003—Schedule 2
Water Sharing Plan for the Wandella Creek Water Source 2003—Schedule 2
Water Sharing Plan for the Wybong Creek Water Source 2003—Schedule 2
Wills, Probate and Administration Act 1898 No 13—Schedule 3
Witness Protection Act 1995 No 87—Schedule 3
Workplace Injury Management and Workers Compensation Act 1998 No 86—Schedule 3
Workplace Surveillance Act 2005 No 47—Schedule 3
Young Offenders Act 1997 No 54—Schedule 3
Building Legislation Amendment (Smoke Alarms) Act 2005 No 57
Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 No 76
Companion Animals Amendment Act 2005 No 101
Consumer Credit (New South Wales) Amendment (Maximum Annual Percentage Rate) Act 2005 No 86
Crimes Amendment (Animal Cruelty) Act 2005 No 94
Crimes Amendment (Road Accidents) (Brendan’s Law) Act 2005 No 74
Crimes Legislation Amendment Act 2002 No 130
Crimes Legislation Further Amendment Act 2003 No 85
Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 No 7
Criminal Procedure Amendment (Prosecutions) Act 2005 No 75
Criminal Procedure Amendment (Sexual Offence Case Management) Act 2005 No 102
Criminal Procedure Further Amendment (Evidence) Act 2005 No 25
Energy Administration Amendment (Water and Energy Savings) Act 2005 No 18
Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 No 43
Farm Debt Mediation Amendment (Water Access Licences) Act 2005 No 95
Gaming Machines Amendment Act 2005 No 78
Gene Technology (GM Crop Moratorium) Amendment (Postponement of Expiry) Act 2005 No 81
Health Legislation Amendment Act 2005 No 82
Human Tissue and Anatomy Legislation Amendment Act 2003 No 18
Industrial Relations Amendment Act 2005 No 104
Law Enforcement Legislation Amendment (Public Safety) Act 2005 No 119
Local Government Amendment Act 2005 No 59
Luna Park Site Amendment (Noise Control) Act 2005 No 72
Mental Health (Criminal Procedure) Amendment Act 2005 No 109
National Competition Policy Health and Other Amendments (Commonwealth Financial Penalties) Act 2004 No 52
National Competition Policy Liquor Amendments (Commonwealth Financial Penalties) Act 2004 No 53
Noxious Weeds Amendment Act 2005 No 29
Nurses Amendment Act 2003 No 45
Parliamentary Superannuation Legislation Amendment Act 2005 No 110
Police Amendment (Death and Disability) Act 2005 No 112
Public Sector Employment and Management Amendment (Extended Leave) Act 2005 No 85
Regulatory Reduction Act 1996 No 107
Residential Tenancies Amendment (Social Housing) Act 2005 No 79
Retail Leases Amendment Act 2005 No 90
Road Transport Legislation (Speed Limiters) Amendment Act 2005 No 36
Shops and Industries Amendment (Special Shop Closures) Act 2005 No 92
Standard Time Amendment (Daylight Saving) Act 2005 No 71
State Emergency and Rescue Management Amendment Act 2005 No 80
State Emergency Service Amendment Act 2005 No 88
Statute Law (Miscellaneous Provisions) Act 2000 No 53
Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93
Statute Law (Miscellaneous Provisions) Act 2001 No 56
Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112
Statute Law (Miscellaneous Provisions) Act 2002 No 53
Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112
Statute Law (Miscellaneous Provisions) Act 2003 No 40
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82
Statute Law (Miscellaneous Provisions) Act 2004 No 55
Superannuation Legislation Amendment Act 2005 No 52
Technical and Further Education Commission Amendment (Staff) Act 2005 No 99
Terrorism (Police Powers) Amendment (Preventative Detention) Act 2005 No 114
Threatened Species Conservation Amendment Act 2002 No 78
Water Management Amendment Act 2005 No 118
Workers Compensation Legislation Amendment Act 2003 No 29
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