Statute Law (Miscellaneous Provisions) Act 2008 (NSW)
An Act to repeal certain Acts and statutory instruments 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 2008.
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Each Act or statutory instrument specified in Part 1 or 2 of Schedule 4 is repealed.
Each Act or instrument specified in Part 3 of Schedule 4 is, to the extent indicated in that Part, repealed.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.
Sections 3 and 4 and Schedules 1–4 are repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of Schedules 1–4 does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by those Schedules.
(Section 3)
Aboriginal Land Rights Act 1983 No 42Omit “, after 18 months after the commencement of this clause” from clause 45 (2).
Insert instead “on or after 1 July 2010”.
Under section 52B of the Aboriginal Land Rights Act 1983 (
Clause 45 of Schedule 4 to the Act provides that any existing social housing scheme must not be operated after 18 months from the commencement of that clause unless it has been approved or, with the approval of the New South Wales Aboriginal Land Council, arrangements have been made for it to be operated by another person or body. The proposed amendment has the effect of extending the transitional time frame for an approval or other arrangements by a further 18 months to 30 June 2010.
Agricultural Industry Services Act 1998 No 45Omit the definition of
Omit the section. Insert instead:
The Director-General may appoint any person to be an inspector for the purposes of this Act.
The Director-General may, in and by the instrument of an inspector’s appointment, limit the functions that the inspector may exercise under this Act.
An inspector is, to the extent to which the inspector is exercising functions as an inspector under this Act, subject to the control and direction of the Director-General.
Insert (with appropriate numbering) at the end of the Schedule:
Any person who, immediately before the substitution of section 41A by the Statute Law (Miscellaneous Provisions) Act 2008, was an inspector under this Act is taken to have been appointed as an inspector under that section as so substituted.
Item [2] of the proposed amendments to the Agricultural Industry Services Act 1998 (
Item [3] of the proposed amendments inserts a savings and transitional provision.
Australian Museum Trust Act 1975 No 95Omit “9 trustees” from section 6 (1). Insert instead “11 trustees”.
Insert at the end of section 8 (1) (g) (ii):
and
any matter for which the Trust determines fees are payable under subsection (9A),
Insert after section 8 (9):
The Trust may from time to time determine the following:
(a) the fees payable for admission to the Australian Museum or any part of the Museum,
(b) the fees payable for the photographing of exhibits for commercial purposes.
Fees may differ according to such factors as the Trust may determine.
The Trust may exempt any person or class of persons from paying any fee.
Omit section 19 (1) (d) (i) and (ii).
Insert at the end of clause 1 (b):
, and
at least 1 person who has knowledge of, or experience in, Australian Indigenous culture.
Omit the subclauses.
Omit “Five trustees”. Insert instead “Six trustees”.
Insert at the end of the Schedule:
The amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act 2008 does not affect the appointment or term of office of a person who held office as a trustee immediately before the amendment took effect.
Section 6 of the Australian Museum Trust Act 1975 (
Item [1] of the proposed amendments increases the number of trustees to 11. Item [7] of the proposed amendments consequently increases the quorum for meetings of the Trust to 6 trustees. Item [8] of the proposed amendments inserts a transitional provision relating to the amendment proposed to be made by item [1].
Item [5] of the proposed amendments inserts an additional requirement relating to the composition of the Trust, namely, that the trustees must include at least 1 person who has knowledge of, or experience in, Australian Indigenous culture. (Currently, the Act requires the trustees to include at least 1 person with knowledge of, or experience in, science, and at least one person with knowledge of, or experience in, education.)
Item [6] of the proposed amendments omits spent provisions that required the Minister to call the first meeting of the Trust by giving notice to the first 8 trustees of the Trust and that dealt with the conduct of the first meeting of the Trust.
Clause 5 of the Australian Museum Trust Regulation 2003 (
Item [3] of the proposed amendments transfers the provisions of clause 5 of the Regulation into the section of the Act dealing with powers of the Trust. Items [2] and [4] make consequential amendments. Clause 5 of the Regulation is repealed on the date of assent to this Act.
Births, Deaths and Marriages Registration Act 1995 No 62Omit section 28 (2). Insert instead:
If the parents of a child are dead, cannot be found or for some other reason cannot exercise their parental responsibilities in relation to a child, an application for registration of a change of the child’s name may be made, in a form approved by the Registrar, by a person to whom a court within Australia has allocated:
(a) parental responsibility for the child, or
(b) specific aspects of parental responsibility for the child so long as the making of the application is not outside the scope of the aspects allocated.
If there is more than one such person, an application may be made under subsection (2) only as a joint application of those persons.
Omit the subsection. Insert instead:
In this section:
Omit “Registrar-General” from section 49 (5). Insert instead “Registrar”.
Section 28 (2) of the Births, Deaths and Marriages Registration Act 1995 (
Items [1] and [2] of the proposed amendments ensure that:
(a) only a person who has been allocated parental responsibility (or relevant aspects of parental responsibility) for the child will be able to make an application under section 28 (2) of the Act, and
(b) if there is more than one such person, such an application may only be made as a joint application of all of those persons.
Item [3] of the proposed amendments corrects a reference to an office.
Conveyancers Licensing Act 2003 No 3Insert after section 95 (1) (c):
wind up the affairs of the business, and
Insert “or winding up” after “conduct”.
Section 95 of the Conveyancers Licensing Act 2003 (
Omit “the Health Administration Corporation” from section 109 (2).
Insert instead “the Director-General”.
Section 109 of the Dental Practice Act 2001 (
On 17 March 2006, the employer functions of the HAC were removed and are currently exercised (in relation to staff who are members of the NSW Health Service) by the Director-General of the Department of Health.
Accordingly, the proposed amendment to the Act substitutes the Director-General for the HAC as the entity with whom the Board must concur for the purposes of section 109 of the Act.
Fines Act 1996 No 99Insert “or other electronic” after “facsimile” in section 36 (3).
Under section 36 of the Fines Act 1996, a person may elect to have a penalty notice matter dealt with by a court by serving on an appropriate person a written statement that the person so elects. The section currently allows the statement to be served electronically only by facsimile. The proposed amendment allows the statement to be served by any means of electronic transmission.
First State Superannuation Act 1992 No 100Omit the matter relating to the Electricity Association of New South Wales from the Schedule.
The proposed amendment to the First State Superannuation Act 1992 is consequential on the proposed amendments to the Local Government Associations Incorporation Act 1974 referred to elsewhere in this Schedule.
Forestry Act 1916 No 55Insert “is the term specified in the licence, but the term” after “timber licence” in section 27A (2).
Omit “shall” wherever occurring. Insert instead “must”.
Omit “shall” wherever occurring. Insert instead “are to”.
Omit “shall be” from section 27B (2). Insert instead “is”.
Omit section 27C (2). Insert instead:
The term of a forest materials licence is the term specified in the licence, but the term:
(a) must not exceed 5 years without the prior written approval of the Minister, and
(b) must not, in any event, exceed 20 years.
The Forestry Act 1916 (
Item [5] of the proposed amendments extends the term for which a forest materials licence may be issued, in line with the term for which a timber licence may be issued, under the Act.
Item [1] of the proposed amendments amends section 27A (2) to make it clear that the term of a timber licence is the term (otherwise in accordance with the requirements of that provision) that is specified in the licence (as is the case with forest materials licences and products licences under the Act).
Items [2]–[4] of the proposed amendments replace references to “shall” with plainer language.
Forestry and National Park Estate Act 1998 No 163Omit section 14 (2). Insert instead:
The parties to a forest agreement are to be the Minister for Climate Change and the Environment and the Minister for Primary Industries.
Omit “Department of Natural Resources” wherever occurring.
Insert instead “Department of Environment and Climate Change”.
Omit “each regional office of the Department of Natural Resources” from section 22 (2).
Insert instead “the appropriate regional office of the Department of Environment and Climate Change (as determined by the head of the Department)”.
Omit “Minister administering the Environmental Planning and Assessment Act 1979” from section 23 (1).
Insert instead “Minister”.
Omit section 27 (1). Insert instead:
An integrated forestry operations approval may only be granted jointly by the Minister for Climate Change and the Environment and the Minister for Primary Industries.
Items [1], [4] and [5] of the proposed amendments to the Forestry and National Park Estate Act 1998 (
Item [2] of the proposed amendments updates references in the Act to the Department of Natural Resources, which has been abolished.
Item [3] of the proposed amendments replaces the requirement that copies of forest agreements and integrated forestry operations approvals be made available for public inspection at every regional office with a provision that directs that copies be available at the appropriate regional offices as determined by the head of Department of Environment and Climate Change (
Insert “at least” before “one” in section 49 (4) (b).
Omit “the Deputy President” wherever occurring.
Insert instead “a Deputy President”.
Omit section 51B (c). Insert instead:
if the Tribunal is so constituted as not to include the President of the Tribunal but is so constituted as to include a Deputy President of the Tribunal—that Deputy President of the Tribunal, or
if the Tribunal is so constituted as not to include the President of the Tribunal but is so constituted as to include more than one Deputy President of the Tribunal—the Deputy President of the Tribunal that the President of the Tribunal nominates, or
Omit “Deputy President” wherever occurring.
Insert instead “a Deputy President”.
Omit “(who shall include the President or the Deputy President, or both)” from section 75 (1).
Insert after section 75 (1):
The members so nominated must include:
(a) the President, or
(b) a Deputy President,
but may include both the President and one or more Deputy Presidents.
Insert “a” after “The President or” in clause 3 (1).
Omit “The Deputy President”. Insert instead “A Deputy President”.
Omit “the Deputy President”. Insert instead “that Deputy President”.
Insert after clause 3 (2):
Subject to any delegation under clause 4, if there is more than one Deputy President of the Tribunal, the Deputy President who is to exercise the President’s functions under this clause is:
(a) if there is only one Deputy President appointed on a full-time basis—that Deputy President, or
(b) if there is more than one Deputy President appointed on a full-time basis or there is no Deputy President appointed on a full-time basis—the Deputy President with the earliest date of appointment as Deputy President.
Omit “the Deputy President” where firstly occurring in clause 3 (3) and wherever occurring in clause 3 (5).
Insert instead “a Deputy President”.
Omit “the Deputy President” where secondly occurring.
Insert instead “that Deputy President”.
Omit the subclause. Insert instead:
While a Deputy President of the Tribunal exercises the President’s functions, that Deputy President is taken to be the President.
Omit “the Deputy President”. Insert instead “any Deputy President”.
Item [1] of the proposed amendments to the Guardianship Act 1987 will enable the Governor to appoint more than one Deputy President of the Guardianship Tribunal. Items [2]–[9] and [11]–[14] are consequential amendments.
Item [10] of the proposed amendments provides that where there is more than one Deputy President appointed, the Deputy President who will exercise the President’s functions in the absence of a delegation by the President will be determined according to whether there is a Deputy President appointed on a full-time basis and, if necessary, according to which Deputy President has the earliest date of appointment as Deputy President.
Licensing and Registration (Uniform Procedures) Act 2002 No 28Omit “section 133A (1) (d), trapper’s licence” from the matter relating to the National Parks and Wildlife Act 1974.
Insert instead “section 133A (1) (d), commercial fauna harvester’s licence”.
Omit “An authorised officer” from proposed section 133A (1) in Schedule 4.9.
Insert instead “The Director-General”.
Omit “trappers’ licences” from proposed section 133A (1) (d).
Insert instead “commercial fauna harvesters’ licences”.
The proposed amendments to the Licensing and Registration (Uniform Procedures) Act 2002 are consequential on items [2] and [10]–[15] of the proposed amendments to the National Parks and Wildlife Act 1974 referred to elsewhere in this Schedule. Those amendments:
(a) replace references to an “authorised officer” in Part 9 of that Act (Licensing in respect of fauna, native plants and threatened species) with references to the Director-General of the Department of Environment and Climate Change, and
(b) change the name of a trapper’s licence under that Act to a commercial fauna harvester’s licence.
Omit section 33 (3) (b). Insert instead:
in the case only of wine—it is uniquely the licensee’s (or a related corporation of the licensee’s) own product, but only if that product contains not less than a percentage of wine, as prescribed by the regulations, that has been produced:
(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or
(ii) on the licensee’s behalf from fruit grown on the licensed premises or a vineyard related to the licensed premises.
Omit “is contiguous with the licensed premises or”.
Omit “Areas of Newcastle” from section 34 (3) (b).
Insert instead “Area of Newcastle”.
Section 33 of the Liquor Act 2007 (
Item [1] of the proposed amendments will restore existing arrangements so that a licensed wine producer will be able to sell wine that is produced on the licensed premises regardless of whether it is made from fruit grown on those premises.
Section 33 (4) (b) of the Act currently defines a vineyard as being related to licensed premises if it “is contiguous with the licensed premises or is within 500 metres of the licensed premises”. Item [2] of the proposed amendments omits the reference to the vineyard being contiguous as a vineyard within 500 metres of licensed premises is necessarily contiguous with those premises.
Item [3] of the proposed amendments corrects a typographical error.
Local Government Associations Incorporation Act 1974 No 20Insert after section 13:
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1 has effect.
Insert at the end of the Act:
(Section 15)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• Statute Law (Miscellaneous Provisions) Act 2008, to the extent that it amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
The Minister may, by order published in the Gazette (an
The Minister may make an abolition order only if:
(a) the Electricity Association has requested, in writing, that the Minister make the order, and
(b) the Minister for Energy has consented to the making of the order.
An abolition order has effect from the day that the order is published in the Gazette or on such later day as may be specified in the order.
A person who immediately before the abolition of the Electricity Association held office as a member of the Electricity Association:
(a) ceases to hold that office on the abolition of the Association, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
On the day on which an abolition order has effect the assets, rights and liabilities of the Electricity Association become the assets, rights and liabilities of the Crown.
On the day on which an abolition order has effect, this Act is amended by:
(a) inserting “and” after “New South Wales,” in section 2 (a) (ii), and
(b) omitting sections 2 (a) (iii) and 4 (3)–(9).
The Electricity Association of New South Wales (
Currently, the Local Government Associations Incorporation Act 1974 (
Item [2] inserts proposed Schedule 1 into the Act. Proposed clause 3 of that Schedule provides a mechanism for abolishing the Association by enabling the Minister to make an order abolishing the Association if the Association has requested that the Minister make such an order and the Minister for Energy consents to the making of the order. The proposed Schedule also contains consequential savings and transitional provisions (proposed clauses 2, 4 and 5) and allows for the making of transitional regulations (proposed clause 1).
Item [1] inserts a regulation-making power into the Act and a machinery provision to give effect to proposed Schedule 1.
Medical Practice Act 1992 No 94Omit “the Health Administration Corporation” from section 142 (2).
Insert instead “the Director-General”.
Section 142 of the Medical Practice Act 1992 (
On 17 March 2006, the employer functions of the HAC were removed and are currently exercised (in relation to staff who are members of the NSW Health Service) by the Director-General of the Department of Health.
Accordingly, the proposed amendment to the Act substitutes the Director-General for the HAC as the entity with whom the Board must concur for the purposes of section 142 of the Act.
National Parks and Wildlife Act 1974 No 80Omit the section. Insert instead:
The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to:
(a) the Director-General, or
(b) a member of staff of the Department of Environment and Climate Change, or
(c) a board of management, or
(d) any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to:
(a) a member of staff of the Department of Environment and Climate Change, or
(b) a board of management, or
(c) any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
Omit “trapper’s licence” wherever occurring.
Insert instead “commercial fauna harvester’s licence”.
Omit the definition of
Omit “, or the Minister and the Trust (but not the Trust alone),” from section 69B (1).
Omit the subsections.
Omit “or the Trust, or both the Minister and the Trust” from section 69C (3) where firstly occurring.
Omit “or the Trust, or both the Minister and the Trust severally,” wherever occurring.
Omit “, or both the Minister and the Trust, as appropriate” from section 69I (5).
Omit the definition of
Omit “An authorised officer” wherever occurring.
Insert instead “The Director-General”.
Omit “
Insert instead “
Omit “trapper’s licence” wherever occurring.
Insert instead “commercial fauna harvester’s licence”.
Omit “the authorised officer” from section 133 (2).
Insert instead “the Director-General”.
Omit “by any authorised officer”.
Omit “an authorised officer” from section 135 (1).
Insert instead “the Director-General”.
Insert at the end of the Schedule with appropriate Part and clause numbers:
In this Part,
Any delegation made under section 21 by the Minister or the Director-General and in force immediately before the substitution of that section by the amending Act continues to have effect as if it were a delegation made by the Minister or the Director-General under section 21 as substituted, but may be revoked at any time by the Minister or the Director-General, as appropriate.
Any trapper’s licence in force immediately before the commencement of the amending Act is taken to be a commercial fauna harvester’s licence in force under section 123.
A licence or certificate issued by an authorised officer under Part 9 of the Act, and a condition or restriction attached to such a licence or certificate, that was in force immediately before that Part was amended by the amending Act is taken to have been issued or attached by the Director-General.
Item [1] of the proposed amendments to the National Parks and Wildlife Act 1974 (
Items [3]–[8] amend sections 69A, 69B, 69C and 69I of the Act to remove references to, and the role of, the Nature Conservation Trust in relation to the making of conservation agreements under the Act. These amendments arise from recommendations contained in the 5 year statutory review of the Nature Conservation Trust Act 2001.
Item [10] amends various provisions in Part 9 (Licensing in respect of fauna, native plants and threatened species) of the Act to provide that it is the Director-General, and not an authorised officer, who is to issue licences and certificates under that Part. Items [9] and [13]–[15] make consequential amendments.
Items [11] and [12] of the proposed amendments amend section 123 of the Act to change the name of the trapper’s licence to the commercial fauna harvester’s licence to more accurately reflect the activities authorised by the licence. Item [2] makes consequential amendments.
Item [16] inserts savings provisions into Schedule 3 (Savings, transitional and other provisions) to the Act.
Native Vegetation Act 2003 No 103Omit the definition of
On 27 April 2007, the Public Sector Employment and Management (General) Order 2007 abolished the Department of Natural Resources. Clause 17 of that Order provided that in any document a reference to the Department of Natural Resources is to be construed as a reference to the Department of Environment and Climate Change (except in the limited circumstances set out in that clause). A previous Order, the Public Sector Employment and Management (Planning and Natural Resources) Order 2005, had abolished the Department of Infrastructure, Planning and Natural Resources and established the Department of Natural Resources. That Order also provided as to how references to the abolished Department were to be construed. The combined effect of these Orders means that the definition of
The proposed amendment to the Native Vegetation Act 2003 updates the definition of
Omit the definitions of
Omit “conservation agreement, property agreement or” from section 6 (1) (a).
Omit the subsection. Insert instead:
Any conservation priorities of the Trust must be consistent with this Act (in relation to Trust agreements).
Omit “(which may, but need not, take the form of a conservation agreement or a property agreement)” from section 7 (b).
Omit section 11 (2) (d)–(g) and (3).
Omit the section. Insert instead:
The seal of the Trust is to be kept by the Chief Executive Officer of the Trust or a member of the Board authorised by the Board to keep it.
The seal of the Trust is to be affixed to a document only:
(a) in the presence of the Chief Executive Officer or a member of the Board who is authorised to do so by the Board generally or in a particular case or class of cases, and
(b) with an attestation by the signature of the Chief Executive Officer or member, as the case may be, of the fact of the affixing of the seal.
Omit “10” from section 18 (1). Insert instead “9”.
Omit section 18 (1) (a) and (b). Insert instead:
one is to be an officer of the Department of Environment and Climate Change, and
Insert after section 18 (1):
The Chief Executive Officer of the Trust is not to be appointed as a member of the Board.
Omit “conservation agreements, property agreements and”.
Omit section 22 (2). Insert instead:
The conservation priorities of the Trust must be consistent with any regulations made under section 46 (2) (a).
Omit section 23 (1). Insert instead:
The Minister is to determine whether the conservation priorities of the Trust specified in the draft business plan delivered to the Minister under section 22 are consistent with any regulations made under section 46 (2) (a).
Omit “(having regard to the views of the Minister for Land and Water Conservation)”.
Omit “, in consultation with the Minister for Land and Water Conservation,”.
Omit the section. Insert instead:
A Trust agreement:
(a) takes effect from a day specified in the agreement, and
(b) remains in force for such period as is specified in the agreement or, if no period is specified, until it is terminated under subsection (2).
Despite subsection (1), a Trust agreement may be terminated at any time by consent of all parties to the agreement.
Omit section 39 (1). Insert instead:
The Trust must keep a written register of all Trust agreements.
Omit the section. Insert instead:
Nothing in this Act prevents a landholder who is a party to a Trust agreement from seeking financial or other assistance from any Government source in meeting his or her obligations under the agreement concerned.
Insert after clause 2 (2) of Schedule 1:
Section 19 does not apply to the re-appointment of a member that is for a period of 12 months or less, but only in respect of the first re-appointment of that member.
Omit “or (b)”.
Omit “7”. Insert instead “5”.
The proposed amendments to the Nature Conservation Trust Act 2001 (
At present under the Act, the Nature Conservation Trust of New South Wales (
(a) conservation agreements under the National Parks and Wildlife Act 1974, to be entered into by a landholder and the Minister administering that Act for conservation purposes associated with the land concerned, and
(b) property agreements under the now repealed Native Vegetation Conservation Act 1997, to be entered into by a landholder and the Director-General of the former Department of Land and Water Conservation for the purpose of the conservation and management of vegetation on the land concerned.
The Trust currently has the functions of monitoring and enforcing compliance with such agreements to which it is a party, as well as providing ongoing managerial, technical and financial assistance to the landholders concerned. The NSW Government Review Group found that these functions had not yet been exercised by the Trust and that it was inappropriate for the Trust to exercise the functions. The Group recommended that functions of the Trust in respect of conservation agreements and property agreements be removed from the Act so that there is a clear differentiation between the activities of the Trust and the work of certain government agencies. Items [1]–[5], [10], [11], [16] and [17] of the proposed amendments therefore remove references in the Act to conservation agreements and property agreements. Items [12]–[14] make consequential amendments by removing the requirement for the Trust to consult with the Minister for Land and Water Conservation when considering or amending a business plan under the Act.
Item [6] of the proposed amendments provides that the seal of the Trust is to be kept by the Chief Executive Officer of the Trust (
Currently, the Board of the Trust is required to have 10 members, with a quorum of 7 members for Board meetings. The NSW Government Review Group noted that it has sometimes been difficult to achieve a quorum of 7 members and so recommended that the Board membership requirement be reduced to 9 members and that the quorum requirement be reduced to 5 members. Items [7], [19] and [20] of the proposed amendments implement this recommendation.
The Act also currently provides that of the 10 members of the Board, one is to be an officer of the National Parks and Wildlife Service (now part of the Department of Environment and Climate Change (
Item [9] of the proposed amendments provides that the CEO of the Trust is not to be appointed as a member of the Board.
Item [15] of the proposed amendments allows for the Trust to enter into Trust agreements for a fixed period or until terminated at any time by consent of all parties to an agreement (currently such agreements may only be entered into for a fixed period).
Item [18] of the proposed amendments provides that a non-government member of the Board may be re-appointed without the requirement for advertising for nominations for an appointment under section 19 of the Act, but only in respect of a re-appointment that is for a period of 12 months or less and only in respect of that member’s first re-appointment.
Occupational Health and Safety Act 2000 No 40Omit “mining workplace” from sections 86 (5) and 87 (6) (as amended by the Mine Health and Safety Act 2004), wherever occurring.
Insert instead “mine to which the Mine Health and Safety Act 2004 applies”.
Omit “Mines Inspection Act 1901 applies—to section 47” from section 107A (6) (a).
Insert instead “Mine Health and Safety Act 2004 applies—to section 88”.
Schedule 2 to the Mine Health and Safety Act 2004 (
The effect of the amendment made by Schedule 2 [15] to the Amending Act to sections 86 and 87 of the Principal Act (which provide for notification procedures in the event of a notifiable incident occurring at a workplace and measures to be taken to ensure that plant is not disturbed in the event of a serious incident occurring at a workplace) is to disapply those sections in relation to mining workplaces. The Amending Act makes alternative provision for those procedures and measures in relation to mines (as defined) but not in relation to workplaces at which activities under the Petroleum Acts are carried out.
To the extent to which sections 86 and 87 are disapplied in relation to workplaces at which activities under the Petroleum Acts are carried out, the effect of the amendment made by Schedule 2 [15] is unintended. Item [1] of the proposed amendments allows sections 86 and 87 to continue to apply in relation to those workplaces.
The Amending Act also repeals the Mines Inspection Act 1901, with effect from 1 September 2008. Item [2] of the proposed amendments replaces a reference to a section of the Mines Inspection Act 1901 with the section of the Amending Act that replaces it.
Ombudsman Act 1974 No 68Insert “or 29 (1) (a) or (2) (a)” after “section 28” in section 10 (2A) (b).
Section 29 (1) (a) and (2) (a) of the Ombudsman Act 1974 (
Omit “2006” from the definition of
Insert instead “2007”.
The proposed amendment to the Payroll Tax Act 2007 corrects a reference to the base year to be used in the indexation of the payroll tax threshold amount.
Pharmacy Practice Act 2006 No 59Omit “the Health Administration Corporation” from section 101 (3).
Insert instead “the Director-General”.
Section 101 of the Pharmacy Practice Act 2006 (
On 17 March 2006, the employer functions of the HAC were removed and are currently exercised (in relation to staff who are members of the NSW Health Service) by the Director-General of the Department of Health.
Accordingly, the proposed amendment to the Act substitutes the Director-General for the HAC as the entity with whom the Board must concur for the purposes of section 101 of the Act.
Police Act 1990 No 47Insert after section 141 (1):
Additional information from the person making the complaint, and any existing information relevant to the complaint to which the Commissioner or Ombudsman can readily obtain access, may be used in making a decision under subsection (1).
The making of a decision under subsection (1) is not an investigation of the complaint to which the decision relates.
The proposed amendment to the Police Act 1990 permits the Commissioner of Police or the Ombudsman, when deciding whether a complaint against a police officer needs to be investigated, to use additional information from the complainant and any existing relevant information to which they can readily gain access. The proposed amendment also clarifies that the preliminary assessment of whether a complaint is to be investigated is not an investigation of the complaint.
Poultry Meat Industry Act 1986 No 101Omit “elected” from section 6A (3) (c). Insert instead “nominated”.
Omit clause 5.
Omit the subclause.
Insert after Part 3:
A person appointed as a member of the Advisory Group under section 6A (3) (c) and holding office as such immediately before the commencement of the amendment made to that provision by the Statute Law (Miscellaneous Provisions) Act 2008 is taken to have been appointed under that provision as so amended.
The Poultry Meat Industry Advisory Group (
The Advisory Group consists of 7 members appointed by the Minister, of whom 1 is an independent person chosen by the Minister, 3 are nominated in accordance with the regulations to represent poultry processors, and 3 are elected in accordance with the regulations to represent poultry growers.
Item [1] of the proposed amendments provides for the 3 members who are to represent poultry growers to be appointed from persons nominated (rather than elected) in accordance with the regulations. Items [2] and [3] make consequential amendments.
Item [4] of the proposed amendments inserts a transitional provision.
Probate and Administration Act 1898 No 13Omit “$50,000” from paragraph (a) of the definition of
Insert instead “$200,000”.
Omit “at such rate” from section 84A (1).
Insert instead “at 6 per cent per year or such other rate”.
Section 61A (2) of the Probate and Administration Act 1898 (
Section 84A (1) of the Act provides that the rate at which interest is payable on any legacy or on any arrears of an annuity is the rate prescribed by the regulations unless the will or instrument pursuant to which the legacy or annuity is payable or the Court provides otherwise. The Regulation currently prescribes a rate of 6 per cent per year.
Items [1] and [2] of the proposed amendments incorporate into the Act the amount and rate currently prescribed by the Regulation. Regulations can continue to be made should it be necessary to amend the amount or rate in the future.
Property, Stock and Business Agents Act 2002 No 66Insert after section 128 (1) (c):
wind up the affairs of the business, and
Insert “or winding up” after “conduct”.
Section 128 of the Property, Stock and Business Agents Act 2002 (
Omit section 88 (8). Insert instead:
In this section,
Omit section 189 (1) and (2). Insert instead:
Every authorised officer or enforcement officer, who is not a police officer, is to be provided with an identification card as an authorised officer or enforcement officer by the regulatory or other authority that appointed the officer.
In the course of exercising the functions of an authorised officer or enforcement officer under this Act, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s identification card, issued in accordance with this section, or, in the case of a police officer, the officer’s police identification.
Section 88 of the Protection of the Environment Operations Act 1997 (
Section 189 of the Act currently requires all authorised and enforcement officers to be provided with an identification card and to produce that identification card on request. Item [2] of the proposed amendments removes the requirement for the Environment Protection Authority to provide identification cards to police officers, who are appointed as authorised officers, and requires them to produce their police identification on request.
Registered Clubs Amendment Act 2006 No 103Omit Schedule 1 [11].
Under section 17AH of the Registered Clubs Act 1976, registered clubs may amalgamate only if they are situated in the same area (that is, within a 50km radius). However, an amalgamation with a club outside of the same area may be approved if the club that would be dissolved as a result of the amalgamation is not able to amalgamate with another club in the same area. The uncommenced amendment to be made by Schedule 1 [11] to the Registered Clubs Amendment Act 2006 requires the dissolved club, before it is allowed to amalgamate with a club outside its area, to call for expressions of interest in accordance with the regulations from clubs in the same area. However, the amendment is no longer necessary because it is now a general requirement under the Registered Clubs Regulation 1996 for any club that is seeking to amalgamate to call for expressions of interest from other clubs in the same area.
Road Transport Legislation Amendment (Car Hoons) Act 2008 No 4Omit “place specified in the notice within 10 days after the notice is given” from proposed section 218 (1A) (c) in Schedule 1 [7].
Insert instead “place, on a date (not being later than 10 days after the notice is given) and within a time period, specified in the notice”.
Omit “specified in the notice within 10 days after being given the notice” from proposed section 218 (7) (b).
Insert instead “, on the date and within the time period, specified in the notice”.
Insert “(if appropriate in view of any restrictions imposed under section 219C (4))” after “may” in proposed section 219 (3).
Insert after proposed section 223 (1):
The regulations may prescribe the fees (if any) payable in respect of storage of an impounded vehicle.
The proposed amendments amend uncommenced provisions of the Road Transport (General) Act 2005 (
Proposed section 218 (1A) (c) and (7) of the 2005 Act require a driver or operator of a vehicle that is operated on a road so as to commit a street racing, burnout or aggravated burnout offence to remove the vehicle to, or produce it at, a specified place within 10 days after a production notice is given. Items [1] and [2] of the proposed amendments amend the uncommenced provisions to instead require such a vehicle to be produced at the place on a date (not being later than 10 days after the notice is given) and within a time period specified in the notice. This will ensure that an appropriate person is available to receive the vehicle when it is removed to, or produced at, the place.
Schedule 1 [12] to the amending Act amends the 2005 Act to make provision with respect to the clamping of motor vehicles. Proposed section 219C effectively enables the application of the proposed clamping provisions to be restricted to a trial period or area. Item [3] of the proposed amendments amends proposed section 219 (3) of the 2005 Act (which enables a court to order that a vehicle be clamped instead of being impounded) to make it clear that such an order can only be made if the vehicle is able to be clamped in accordance with any restrictions imposed relating to such trial periods or areas.
Item [4] of the proposed amendments reinstates a regulation-making power relating to fees for storage of impounded vehicles inadvertently omitted from section 223 of the 2005 Act by Schedule 1 [19] to the amending Act.
Soil Conservation Act 1938 No 10Omit the definition of
Insert instead:
Omit section 4A (1) and (2).
Omit “The Deputy”. Insert instead “A Deputy”.
Omit “the Deputy” wherever occurring. Insert instead “a Deputy”.
Insert after Part 3:
On and from the commencement of the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act 2008 (the
Without limiting the operation of subclause (1), any person appointed (or purported to have been appointed) as Deputy Commissioner of the Soil Conservation Service and holding office as such immediately before the relevant commencement is taken to have been appointed as a Deputy Soil Conservation Commissioner holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
The proposed amendments to the Soil Conservation Act 1938 provide for the appointment of more than one person to hold office under Chapter 1A of the Public Sector Employment and Management Act 2002 as Deputy Soil Conservation Commissioner and provide for the continuation of any existing appointments to the position of Deputy Commissioner.
State Authorities Non-contributory Superannuation Act 1987 No 212Omit the matter relating to the Electricity Association of New South Wales from Part 1 of the Schedule.
The proposed amendment to the State Authorities Non-contributory Superannuation Act 1987 is consequential on the proposed amendments to the Local Government Associations Incorporation Act 1974 referred to elsewhere in this Schedule.
State Authorities Superannuation Act 1987 No 211Omit the matter relating to the Electricity Association of New South Wales from Part 1 of the Schedule.
The proposed amendment to the State Authorities Superannuation Act 1987 is consequential on the proposed amendments to the Local Government Associations Incorporation Act 1974 referred to elsewhere in this Schedule.
State Property Authority Act 2006 No 40Omit paragraph (b) of the definition of
Insert instead:
an interest in land, being an interest that is vested in or held by the government agency.
Omit “section” from section 20 (5). Insert instead “Part”.
Insert after clause 1:
Any thing that was done before the commencement of this clause that could have been validly done under this Act if the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act 2008 had been in force when it was done is taken to have been validly done on and from the time when it was done.
Item [1] of the proposed amendments to the State Property Authority Act 2006 (
Item [3] of the proposed amendments ensures the validity of anything done before the commencement of item [1] that could be done after that commencement.
Item [2] of the proposed amendments corrects a cross-reference.
State Records Act 1998 No 17Insert after section 36:
The Authority may enter into arrangements (
Access arrangements can be commercial arrangements (entitling the Authority to payment in connection with the operation of the arrangements) and can provide for the arrangements under which the person to whom the Authority gives access to State archives may make copies of State archives or publish or provide other persons with access to copies of State archives and arrangements under which the person may charge for publishing or providing access to copies of State archives.
Access arrangements can include arrangements with a person outside the State and arrangements that provide for the publishing of and provision of access to copies of State archives outside the State.
This section does not give the Authority power to override any right in the nature of copyright and does not give the Authority or any party to an access arrangement power to do anything that would be an infringement of copyright.
If an access arrangement provides for the provision of access to copies of State archives to other persons by the person to whom access is provided by the Authority under the arrangement, section 62 (Protection from liability when access given) extends to the provision of access by that person pursuant to the arrangement in the same way as it applies to the giving of access to a record under this Act by an access provider.
The Authority is taken to have always had the power conferred by this section.
The proposed amendment confirms the power of the State Records Authority to enter into arrangements for providing access to State archives for the purpose of enabling a party to the arrangement to make copies of those archives or to publish or provide other persons with access to copies of those archives.
Subordinate Legislation Act 1989 No 146Omit “2008” from section 10 (4). Insert instead “2009”.
Insert after section 10 (4) (d):
the Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998.
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 five occasions.
The proposed amendments to the Act have the effect of keeping the Day Procedure Centres Regulation 1996, the Liquor Regulation 1996, the Parking Space Levy Regulation 1997, the Private Hospitals Regulation 1996, the Registered Clubs Regulation 1996 and the Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998 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.
This is necessary as the Regulations have each been postponed on five occasions, and are now due to be repealed on 1 September 2008. However, proposed legislative reforms involving the repeal and re-enactment of the Private Hospitals and Day Procedure Centres Act 1988 and the Liquor Act 1982, and extensive amendments to the Registered Clubs Act 1976, will have a substantial impact on the matters dealt with by the Regulations made under those 3 Acts. In addition, a National Transport Commission review of the Commonwealth’s national scheme for transport of dangerous goods by road and rail has resulted in the recent development of Commonwealth model legislation (which itself is currently being reviewed), the implementation of which will have a substantial impact on the content of the Regulations made under the Road and Rail Transport (Dangerous Goods) Act 1997. Extensive amendments to the Parking Space Levy Act 1992 are also likely as a result of a recent review of that Act.
The proposed amendments will keep the current regulatory schemes of the Regulations in place until such time as replacement provisions come into force under new or revised legislation.
Superannuation Act 1916 No 28Omit the matter relating to the Electricity Association of New South Wales from Part 1 of the Schedule.
The proposed amendment to the Superannuation Act 1916 is consequential on the proposed amendments to the Local Government Associations Incorporation Act 1974 referred to elsewhere in this Schedule.
Sydney Water Catchment Management Act 1998 No 171Omit “the Authority’s” wherever occurring. Insert instead “the SCA’s”.
Omit section 57 (2) (a). Insert instead:
is in possession of the identification he or she is required to produce on request under section 69H, and
Omit the paragraph. Insert instead:
produces the person’s identification if required to do so by the occupier of the land, and
Omit the section. Insert instead:
Every authorised officer, who is not a police officer or an authorised officer under the National Parks and Wildlife Act 1974, is to be provided with an identification card as an authorised officer by the SCA.
In the course of exercising the functions of an authorised officer under this Act, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person:
(a) in the case of a police officer, the officer’s police identification, or
(b) in the case of an authorised officer under the National Parks and Wildlife Act 1974, the officer’s identification card as an authorised officer under that Act, or
(c) in any other case, the authorised officer’s identification card issued in accordance with this section.
Omit the Schedule.
Item [1] of the proposed amendments changes references in the Sydney Water Catchment Management Act 1998 (
Authorised officers appointed by the SCA have, among other functions, certain powers of entry under the Act, including the power to enter and occupy a building or land for purposes such as finding a source of water pollution or investigating breaches of the Act. Prior to the commencement of the Sydney Water Catchment Management Amendment Act 2007 (
Section 69H of the Act currently requires all authorised officers to be provided with an identification card by the SCA and requires them to produce that identification card on request. Item [4] of the proposed amendments removes the requirement for the SCA to provide identification cards to police officers and authorised officers under the National Parks and Wildlife Act 1974 who are appointed as authorised officers. Instead, those officers will be required, when exercising powers under the Act, to produce their police identification or identification card as an authorised officer under the National Parks and Wildlife Act 1974.
Item [5] of the proposed amendments removes a redundant Schedule.
Threatened Species Conservation Act 1995 No 101Omit “or critically endangered” from section 128A (2) (c).
Insert instead “, critically endangered or vulnerable”.
The proposed amendment to the Threatened Species Conservation Act 1995 (
Omit paragraph (d1) from the definition of
Insert instead:
without limiting paragraph (d), any excavation, filling, grading or levelling of land (otherwise than for the purpose of irrigation or conservation) that is associated with:
(i) the erection of any building or structure, or
(ii) the carrying out of any work, or
(iii) the operations of any mine or extractive industry,
The proposed amendment to the Valuation of Land Act 1916 clarifies the definition of
Omit “2 years” from section 12 (5). Insert instead “5 years”.
Omit “each of the offices”. Insert instead “the head office”.
Item [1] of the proposed amendments to the Waste Avoidance and Resource Recovery Act 2001 (
The effect of item [2] of the proposed amendments is to require the Director-General, before adopting a waste strategy, to cause copies of the proposed strategy to be made available for public inspection at the head office of the Department (rather than at each office of the Department, as is currently the case) and on the Internet.
Both of the proposed amendments implement recommendations contained in a statutory review of the Act (required under section 32 of the Act), a report on which was tabled in Parliament in 2007.
Wesley College Incorporation Act 1910Omit the section. Insert instead:
In this Act:
Omit section 3 (2). Insert instead:
The corporation consists of:
(a) the Principal, and
(b) 12 other councillors.
The councillors (other than the Principal) are to be elected or appointed in accordance with the by-laws.
The councillors (other than the Principal) hold office for the term provided by the by-laws.
The procedure at meetings of the corporation is to be as provided by the by-laws.
Omit the section. Insert instead:
The Principal of the college is to be appointed by the council in accordance with the by-laws.
The Principal must accept the Basis of Union set out in Schedule 2 to the Uniting Church in Australia Act 1977 and agree to uphold the values and ethos of the church.
The council may from time to time determine the terms and conditions on which the Principal holds office.
If the person holding office as Principal is not an ordained minister of the church, the council must use its best endeavours to appoint an ordained minister of the church as Chaplain to the college.
Omit the sections.
Omit “At any meeting of such council 10 members shall form a quorum.”.
Insert at the end of section 9:
The number of members at a council meeting that constitute a quorum is to be as provided by the by-laws.
Insert “if the Principal is a minister of the church and” after “Provided that,”.
Insert after section 19:
Until the first election or appointment of all councillors under the by-laws after the commencement of this section, the corporation comprises those persons who constituted the corporation immediately before the commencement of this section.
The person who held office as Principal immediately before the commencement of this section is taken to have been appointed as Principal in accordance with this Act as amended by the Statute Law (Miscellaneous Provisions) Act 2008, and is taken to have been appointed subject to the same terms and conditions as those on which the person was appointed, and for the remainder of the person’s term of office as Principal.
The Wesley College Incorporation Act 1910 is a private Act that incorporates Wesley College as the Uniting Church college within the University of Sydney.
Item [1] of the proposed amendments updates the definitions section of the Act, to include new terms used in the other proposed amendments, and to omit terms that will no longer be used.
Item [2] reduces the number of councillors who form the corporation constituted by the Act from 26 to 13. The councillors (other than the Principal) are to be elected or appointed in accordance with the by-laws. The proposed provisions also provide for the term of office of councillors and the procedure of the corporation at its meetings to be determined by the by-laws.
Item [3] provides that the Principal is to be appointed by the council in accordance with the by-laws. The Principal is no longer required to be an ordained minister of the church, but is required to accept the Basis of Union and to agree to uphold the values and ethos of the church. It also provides that if the Principal is not an ordained minister of the church, the council must use its best endeavours to appoint an ordained minister of the church as Chaplain to the college.
Item [4] omits redundant provisions about presiding officers, the election and appointment of councillors, the tenure of office of councillors and casual vacancies (which will instead all be dealt with by the by-laws).
Item [5] omits a reference to the quorum at meetings of the council. Item [6] instead provides for the by-laws to specify the quorum.
Item [7] makes it clear that the procedure for removal or suspension of the Principal that involves a trial by the courts of the church applies only when the Principal is an ordained minister of the church.
Item [8] allows existing councillors to continue to constitute the corporation until all elections can be held under the amended provisions and allows the existing Principal to continue to hold office under the amended Act.
Zoological Parks Board Act 1973 No 34Insert after section 5 (1):
The Board may also be called the Taronga Conservation Society Australia and the use of that name has the same effect for all purposes as the use of its corporate name.
The proposed amendment to the Zoological Parks Board Act 1973 gives statutory authority for the use of the name “Taronga Conservation Society Australia” by or in relation to the Zoological Parks Board of New South Wales.
(Section 3)
Armidale Dumaresq Local Environmental Plan 2008Insert “
Omit paragraph (n) of the definition of
Insert instead:
an Australian legal practitioner to the extent to which the Australian legal practitioner is engaged by or on behalf of the Crown to prosecute an offence,
Section 13 of the Criminal Records Act 1991 makes it an offence to disclose information concerning a spent conviction. However, the section contains exceptions for law enforcement agencies. The proposed amendment includes an Australian legal practitioner (to the extent to which he or she is engaged by or on behalf of the Crown to prosecute an offence) within the definition of
Omit “a legal practitioner” from section 3 (1).
Insert instead “an Australian legal practitioner”.
The proposed amendment to the Crown Advocate Act 1979 enables the Governor to appoint an Australian legal practitioner of at least 7 years’ standing as Crown Advocate.
Petroleum (Onshore) Act 1991 No 84Omit “a barrister or a solicitor” wherever occurring in section 69I (2) (a) and (b).
Insert instead “an Australian legal practitioner”.
The proposed amendment to the Petroleum (Onshore) Act 1991 provides that any party to a hearing into the question of access to any land by the holder of a prospecting title may be represented by an Australian legal practitioner with the leave of the arbitrator and the agreement of the parties.
Prisoners (Interstate Transfer) Act 1982 No 104Omit “a legal practitioner” wherever occurring.
Insert instead “an Australian legal practitioner”.
The proposed amendment to the Prisoners (Interstate Transfer) Act 1982 provides that a prisoner is entitled to be represented by an Australian legal practitioner in certain circumstances.
Professional Standards Act 1994 No 81Omit “a legal practitioner” from section 5 (3).
Insert instead “an Australian legal practitioner”.
The proposed amendment to the Professional Standards Act 1994 provides that the exclusion from the operation of the Act of liability for damages arising from the death of or personal injury to a person does not extend to liability for damages arising out of any negligence or other fault of an Australian legal practitioner in acting for a client in a personal injury claim.
Property, Stock and Business Agents Act 2002 No 66Omit “a legal practitioner” from section 5 (2) wherever occurring.
Insert instead “an Australian legal practitioner”.
Omit “legal practitioner” from the note to section 47 (1).
Insert instead “Australian legal practitioner”.
Omit “solicitor” and “solicitors” from section 60 (2) (b).
Insert instead “Australian legal practitioner” and “Australian legal practitioners”, respectively.
Omit “the purchaser’s solicitor’s name and address” from section 64 (1) (a).
Insert instead “the name and address of the Australian legal practitioner acting for the purchaser”.
Omit “a solicitor” and “the solicitor”.
Insert instead “an Australian legal practitioner” and “the Australian legal practitioner”, respectively.
Omit the definition of
Omit “a solicitor or barrister” from section 153 (2) (a).
Insert instead “an Australian legal practitioner”.
Item [1] of the proposed amendments to the Property, Stock and Business Agents Act 2002 provides that the Act does not prevent an Australian legal practitioner from exercising any function that, had the Act not been enacted, he or she might lawfully have exercised as an Australian legal practitioner.
Item [2] of the proposed amendments provides that the relationship between an agent and an Australian legal practitioner is an example of a relationship that should be disclosed to the person for whom the agent is acting.
Item [3] of the proposed amendments provides that the notice rescinding an agency agreement must be signed by the client or the client’s Australian legal practitioner.
Items [4]–[6] of the proposed amendments amend section 64 to provide that:
(a) a real estate agent may insert the name and address of the Australian legal practitioner acting for the purchaser in a contract for the sale of residential property, and
(b) a real estate agent is not to participate in an exchange of contracts if it is apparent that an Australian legal practitioner is or will be acting for a prospective party to the contract, and
(c) for the purposes of the section, “Australian legal practitioner” includes a licensee under the Conveyancers Licensing Act 2003.
Item [7] of the proposed amendments provides that an Australian legal practitioner may represent a licensee or other person who is subject to examination by a receiver.
Public Finance and Audit Act 1983 No 152Omit “Legal Practitioners Admission Board constituted by the Legal Profession Act 1987”.
Insert instead “Legal Profession Admission Board constituted under the Legal Profession Act 2004”.
The proposed amendment to the Public Finance and Audit Act 1983 updates a reference so that the Legal Profession Admission Board is treated as a statutory body for the purposes of the auditing provisions in Division 3 of Part 3 of that Act.
Public Health Act 1991 No 10Omit “legal practitioners” from section 35 (5) (a).
Insert instead “Australian lawyers”.
Omit “a barrister or solicitor” wherever occurring.
Insert instead “an Australian legal practitioner”.
Item [1] of the proposed amendments to the Public Health Act 1991 updates a reference so that the restriction on the publication of information concerning proceedings under Division 6 of Part 3 of that Act does not apply in respect of a publication intended to be read mainly by Australian lawyers.
Item [2] of the proposed amendments provides that a party to proceedings under Division 6 of Part 3 of that Act may be represented by an Australian legal practitioner.
Registered Clubs Act 1976 No 31Omit “a legal practitioner” from section 41Y (1) (b).
Insert instead “an Australian lawyer”.
The proposed amendment to the Registered Clubs Act 1976 gives an Australian lawyer of at least 7 years’ standing who is presiding at an inquiry in relation to a registered club certain powers and authorities conferred on a commissioner by Division 2 of Part 2 of the Royal Commissions Act 1923 (if expressly stated in his or her instrument of appointment to preside at the inquiry).
(Section 4)
Companies Act 1961 No 71
Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62
Companies (Administration) Act 1981 No 64
Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 No 63
Companies (Application of Laws) Act 1981 No 122
Companies (Transfer of Domicile) Act 1968 No 15
Futures Industry (Application of Laws) Act 1986 No 66
Securities Industry Act 1975 (1976 No 3)
Securities Industry (Application of Laws) Act 1981 No 61
Trustees Protection Act 1931 No 28
Catchment Management Authorities (Savings and Transitional) Regulation 2004
Farm Produce (Savings and Transitional) Regulation 1983
Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Interim Order 2004 Number 2
Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Interim Order 2005 Number 1
Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2004
Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2005
Gaming Machines (Savings and Transitional) Regulation 2002
Law and Justice Foundation (Transitional) Regulation 2000
Parliamentary Contributory Superannuation (Savings and Transitional) Regulation 1999
Privacy and Personal Information Protection (Transitional) Regulation 1999
Probate and Administration Regulation 2003
Rural Lands Protection (Savings and Transitional) Regulation 2001
Southern Cross University (Transitional) Regulation 1994
Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act or statutory rule is repealed, no amendment or validation made by the Act or statutory rule is affected. (Section 5 (6) of that Act applies section 30 to environmental planning instruments.)
Name of Act | Extent of repeal |
Apiaries Amendment Act 2006 No 99 | Section 5 and Schedule 1 [1]–[8], [10]–[18], [20] and [22]–[31], Schedule 2 [1], [3] and [4] and Schedule 3 |
Coal Acquisition Legislation Repeal Act 2007 No 62 | Section 3 and Schedules 1 and 2 |
Coal Mine Health and Safety Act 2002 No 129 | Sections 223 and 224 and Schedules 1 and 2 |
Community Justice Centres Amendment Act 2007 No 70 | Schedule [1]–[3], [5], [6], [9]–[16], [19], [21]–[29], [31] and [34]–[39] and Schedule 2.3 |
Confiscation of Proceeds of Crime Amendment Act 2005 No 73 | Whole Act |
Courts and Other Legislation Amendment Act 2007 No 73 | Schedules 1, 3, 4 [1]–[8] and [10]–[32] and 5 |
Criminal Legislation Amendment Act 2007 No 57 | Section 4 and Schedules 1–3 and 4 [1] and [7]–[12] |
Electricity (Consumer Safety) Act 2004 No 4 | Section 58 and Schedules 2, 3 and 4 |
Health Legislation Amendment Act 2007 No 89 | Section 3 and Schedules 1 and 2.1 [2] and 2.2–2.14 |
Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001 No 93 | Section 5 and Schedule 1 [1]–[3] and [5]–[16], Schedule 2 [1], [4], [7]–[10A], [14] and [15] and Schedule 3 |
Mental Health Act 2007 No 8 | Section 199 and Schedule 7 |
Payroll Tax Act 2007 No 21 | Section 105 and Schedule 4 |
Pharmacy Practice Act 2006 No 59 | Section 156 and Schedule 7 |
Photo Card Act 2005 No 20 | Schedule 2.1, 2.2 [2] and [3], 2.3 [1] and 2.4 |
Registered Clubs Amendment Act 2006 No 103 | Schedule 1 [1]–[10], [12], [13], [27]–[33], [38]–[43], [49]–[52] and [54] |
Security Industry Amendment Act 2005 No 63 | Section 4 and Schedule 1 [1]–[4], [8]–[42], [44], [45], [47]–[49], [51]–[53], [55]–[64], [66]–[79] and [81]–[88] |
Sheriff Act 2005 No 6 | Section 17 (2) and Schedule 1 |
State Environmental Planning Policy (Major Projects) 2005 | Clause 13 and Schedule 4 |
State Property Authority Act 2006 No 40 | Section 24 and Schedule 3 |
Stock Diseases Amendment (Artificial Breeding) Act 2004 No 35 | Whole Act |
Sydney 2009 World Masters Games Organising Committee Act 2005 No 65 | Section 42 and Schedule 2 |
Totalizator Agency Board Privatisation Act 1997 No 43 | Sections 11, 19 and 34 and Schedules 2–4 |
Uniting Church in Australia Act 1977 No 47 | Schedule 3 |
Water Efficiency Labelling and Standards (New South Wales) Act 2005 No 12 | Section 21 and Schedule 1 |
Water Management Act 2000 No 92 | Schedule 8.1–8.14, 8.16–8.26, 8.27 [1]–[4] and [6], 8.28 and 8.29 |
World Youth Day Act 2006 No 106 | Section 60 and Schedule 2 |
Part 1 repeals Acts that are redundant.
Part 2 repeals statutory instruments that are redundant.
Part 3 repeals Acts or provisions of Acts or instruments that contain only:
(a) commenced amendments to other Acts or instruments, or
(b) uncommenced amending provisions that cannot be commenced because the Act or instrument that they amend has been repealed or has been amended in such a way that they are unincorporable (as in the case of Schedule 2.7, 2.8, 2.10 [1], 2.15 and 2.17 to the Coal Mine Health and Safety Act 2002 and Schedule 4.3 [1] to the Electricity (Consumer Safety) Act 2004).
In relation to the repeal of amending Acts or amending provisions, it should be noted that the Acts or provisions 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 provisions, or any associated provisions. The Acts that were amended by the Acts being repealed are up-to-date on the NSW legislation website maintained by the Parliamentary Counsel’s Office ( 30 (2) of the Interpretation Act 1987 ensures that the following matters are not affected when an Act or statutory rule is amended or repealed:
(a) the proof of any past act or thing,
(b) any right, privilege, obligation or liability saved by the operation of the Act or statutory rule,
(c) any amendment or validation made by the Act or statutory rule,
(d) the operation of any savings or transitional provision contained in the Act or statutory rule.
(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 (whether or not the amending provision has been repealed).
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.
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 instrument 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.
The amendment of an instrument by this Act does not prevent its later amendment or repeal by another instrument.
Subclause (1) ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.
Subclause (2) ensures that the amendment of an instrument by the proposed Act does not prevent its later amendment or repeal by another instrument.
The Governor may by proclamation published in the Gazette revoke the repeal of any Act or instrument effected by this Act.
Any Act or instrument the subject of a proclamation under subclause (1) is taken not to be, and never to have been, repealed by this Act.
Subclause (2) does not operate in respect of any Act or instrument 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 publication in the Gazette of the proclamation under subclause (1) in respect of that Act or instrument, 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 publication of that proclamation.
A reference in this clause to an Act or instrument includes a reference to a provision of any Act or instrument.
This clause enables the Governor, by proclamation, to revoke the repeal of any Act or instrument or the provision of any Act or instrument repealed by this Act. The Act or instrument or provision of an Act or instrument the subject of the revocation of repeal is taken not to be, and never to have been, repealed.
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 proposed Act.
Aboriginal Land Rights Act 1983 No 42—Schedule 1
Agricultural Industry Services Act 1998 No 45—Schedule 1
Armidale Dumaresq Local Environmental Plan 2008—Schedule 2
Australian Museum Trust Act 1975 No 95—Schedule 1
Betting Tax Act 2001 No 43—Schedule 2
Births, Deaths and Marriages Registration Act 1995 No 62—Schedule 1
Bombala Local Environmental Plan 1990—Schedule 2
Building and Construction Industry Security of Payment Act 1999 No 46—Schedule 2
Cabonne Local Environmental Plan 1991—Schedule 2
Casino, Liquor and Gaming Control Authority Act 2007 No 91—Schedule 2
Children and Young Persons (Care and Protection) Act 1998 No 157—Schedule 2
Coal Acquisition (Compensation) Arrangements 1985—Schedule 2
Commercial Fishing Environmental Impact Statement Arrangements 2001—Schedule 2
Conargo Local Environmental Plan 1987—Schedule 2
Consumer Credit Administration Regulation 2002—Schedule 2
Conveyancers Licensing Act 2003 No 3—Schedule 1
Conveyancing Act 1919 No 6—Schedule 2
Coonabarabran Local Environmental Plan 1990—Schedule 2
Co-operatives Act 1992 No 18—Schedule 2
Court Security Act 2005 No 1—Schedule 2
Credit (Savings and Transitional) Regulation 1984—Schedule 2
Criminal Records Act 1991 No 8—Schedule 3
Crown Advocate Act 1979 No 59—Schedule 3
Culcairn Local Environmental Plan 1998—Schedule 2
Dental Practice Act 2001 No 64—Schedule 1
Election Funding Regulation 2004—Schedule 2
Electricity Supply (General) Regulation 2001—Schedule 2
Encroachment of Buildings Act 1922 No 23—Schedule 2
Environmental Planning and Assessment Act 1979 No 203—Schedule 2
Environmental Planning and Assessment Regulation 2000—Schedule 2
Eurobodalla Rural Local Environmental Plan 1987—Schedule 2
Fines Act 1996 No 99—Schedule 1
Firearms Act 1996 No 46—Schedule 2
First State Superannuation Act 1992 No 100—Schedule 1
Forestry Act 1916 No 55—Schedule 1
Forestry and National Park Estate Act 1998 No 163—Schedule 1
Freedom of Information Regulation 2005—Schedule 2
Guardianship Act 1987 No 257—Schedule 1
Health Services Act 1997 No 154—Schedule 2
Holroyd Local Environmental Plan 1991—Schedule 2
Home Building Act 1989 No 147—Schedule 2
Housing Act 2001 No 52—Schedule 2
Interpretation Act 1987 No 15—Schedule 2
Land and Environment Court Regulation 2005—Schedule 2
Legal Aid Commission Act 1979 No 78—Schedule 2
Licensing and Registration (Uniform Procedures) Act 2002 No 28—Schedule 1
Liquor Act 2007 No 90—Schedule 1
Lithgow City Local Environmental Plan 1994—Schedule 2
Local Government Associations Incorporation Act 1974 No 20—Schedule 1
Medical Practice Act 1992 No 94—Schedule 1
Mid-Western Regional Interim Local Environmental Plan 2008—Schedule 2
National Parks and Wildlife Act 1974 No 80—Schedule 1
Native Vegetation Act 2003 No 103—Schedule 1
Nature Conservation Trust Act 2001 No 10—Schedule 1
Newcastle City Centre Local Environmental Plan 2008—Schedule 2
Occupational Health and Safety Act 2000 No 40—Schedule 1
Occupational Health and Safety Regulation 2001—Schedule 2
Ombudsman Act 1974 No 68—Schedule 1
Parramatta Park Trust Regulation 2007—Schedule 2
Payroll Tax Act 2007 No 21—Schedule 1
Penrith City Centre Local Environmental Plan 2008—Schedule 2
Pesticides Regulation 1995—Schedule 2
Petroleum (Onshore) Act 1991 No 84—Schedule 3
Pharmacy Practice Act 2006 No 59—Schedule 1
Poisons and Therapeutic Goods Regulation 2002—Schedule 2
Police Act 1990 No 47—Schedule 1
Police Integrity Commission Act 1996 No 28—Schedule 2
Police Regulation 2000—Schedule 2
Poultry Meat Industry Act 1986 No 101—Schedule 1
Prisoners (Interstate Transfer) Act 1982 No 104—Schedule 3
Probate and Administration Act 1898 No 13—Schedule 1
Professional Standards Act 1994 No 81—Schedule 3
Property, Stock and Business Agents Act 2002 No 66—Schedules 1 and 3
Property, Stock and Business Agents Regulation 2003—Schedule 2
Protection of the Environment Operations Act 1997 No 156—Schedule 1
Psychologists Act 2001 No 69—Schedule 2
Public Finance and Audit Act 1983 No 152—Schedule 3
Public Health Act 1991 No 10—Schedules 2 and 3
Quirindi Local Environmental Plan 1991—Schedule 2
Racing Administration Act 1998 No 114—Schedule 2
Registered Clubs Act 1976 No 31—Schedule 3
Registered Clubs Amendment Act 2006 No 103—Schedule 1
Road Transport Legislation Amendment (Car Hoons) Act 2008 No 4—Schedule 1
Rockdale Local Environmental Plan 2000—Schedule 2
Rylstone Local Environmental Plan 1996—Schedule 2
Shops and Industries Regulation 2007—Schedule 2
Soil Conservation Act 1938 No 10—Schedule 1
Sporting Injuries Insurance Regulation 2004—Schedule 2
Standard Instrument (Local Environmental Plans) Order 2006—Schedule 2
State Authorities Non-contributory Superannuation Act 1987 No 212—Schedule 1
State Authorities Superannuation Act 1987 No 211—Schedule 1
State Environmental Planning Policy (Infrastructure) 2007—Schedule 2
State Property Authority Act 2006 No 40—Schedule 1
State Records Act 1998 No 17—Schedule 1
Stock Diseases Act 1923 No 34—Schedule 2
Subordinate Legislation Act 1989 No 146—Schedule 1
Superannuation Act 1916 No 28—Schedule 1
Surveillance Devices Act 2007 No 64—Schedule 2
Swimming Pools Act 1992 No 49—Schedule 2
Sydney Water Catchment Management Act 1998 No 171—Schedule 1
Tamworth Local Environmental Plan 1996—Schedule 2
Terrorism (Police Powers) Act 2002 No 115—Schedule 2
Threatened Species Conservation Act 1995 No 101—Schedule 1
Tumbarumba Local Environmental Plan 1988—Schedule 2
Urana Local Environmental Plan 1990—Schedule 2
Vaulation of Land Act 1916 No 2—Schedule 1
Waste Avoidance and Resource Recovery Act 2001 No 58—Schedule 1
Water Sharing Plan for the Lower Lachlan Groundwater Source 2003—Schedule 2
Weapons Prohibition Act 1998 No 127—Schedule 2
Weapons Prohibition Regulation 1999—Schedule 2
Weddin Local Environmental Plan 2002—Schedule 2
Wesley College Incorporation Act 1910—Schedule 1
World Youth Day Act 2006 No 106—Schedule 2
Zoological Parks Board Act 1973 No 34—Schedule 1
Catchment Management Authorities (Savings and Transitional) Regulation 2004
Companies Act 1961 No 71
Companies (Acquisition of Shares) (Application of Laws) Act 1981 No 62
Companies (Administration) Act 1981 No 64
Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 No 63
Companies (Application of Laws) Act 1981 No 122
Companies (Transfer of Domicile) Act 1968 No 15
Confiscation of Proceeds of Crime Amendment Act 2005 No 73
Farm Produce (Savings and Transitional) Regulation 1983
Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Interim Order 2004 Number 2
Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Interim Order 2005 Number 1
Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2004
Fisheries Management (Continuation of Activities Relating to Southern Bluefin Tuna) Interim Order 2005
Futures Industry (Application of Laws) Act 1986 No 66
Gaming Machines (Savings and Transitional) Regulation 2002
Law and Justice Foundation (Transitional) Regulation 2000
Parliamentary Contributory Superannuation (Savings and Transitional) Regulation 1999
Privacy and Personal Information Protection (Transitional) Regulation 1999
Probate and Administration Regulation 2003
Rural Lands Protection (Savings and Transitional) Regulation 2001
Securities Industry Act 1975 (1976 No 3)
Securities Industry (Application of Laws) Act 1981 No 61
Southern Cross University (Transitional) Regulation 1994
Stock Diseases Amendment (Artificial Breeding) Act 2004 No 35
Trustees Protection Act 1931 No 28
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