Statute Law (Miscellaneous Provisions) Act (No 1) 1987 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 1) 1987 No. 48
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
| 3. Amendments SCHEDULE 1—AMENDMENT TO THE AGRICULTURAL HOLDINGS ACT 1941 SCHEDULE 2—AMENDMENTS TO THE COMPENSATION COURT ACT 1984 SCHEDULE 3—AMENDMENT TO THE CONVEYANCING ACT 1919 SCHEDULE 4—AMENDMENTS TO THE CRIMES ACT 1900 SCHEDULE 5—AMENDMENTS TO THE DANGEROUS GOODS ACT 1975 SCHEDULE 6—AMENDMENTS TO THE DORMANT FUNDS ACT 1942 SCHEDULE 7—AMENDMENTS TO THE DRUG MISUSE AND TRAFFICKING | 4. | Repeals |
| 5. | Savings, transitional and other provisions |
ACT 1985
SCHEDULE 8—AMENDMENTS TO THE EGG INDUSTRY ACT 1983
SCHEDULE 9—AMENDMENTS TO THE FIREARMS AND DANGEROUS
WEAPONS ACT 1973
SCHEDULE JO—a m e n d m e n t s TO THE INDUSTRIAL ARBITRATION ACT 1940
SCHEDULE 11—AMENDMENT TO THE INTOXICATED PERSONS ACT 1979
SCHEDUI.E 12—AMENDMENTS TO THE JUSTICES ACT 1902
SCHEDULE 13—AMENDMENT TO THE LAW FOUNDATION ACT 1979
SCHEDULE 14—AMENDMENTS TO THE LOCAL COURTS (CIVIL CLAIMS) ACT
1970
SCHEDULE 15—AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919
SCHEDULE 16—AMENDMENT TO THE LOTTO ACT 1979
SCHEDULE 17—AMENDMENT TO THE MOTOR VEHICLES (THIRD PARTY
INSURANCE) a c t 1942
SCHEDULE 18—AMENDMENTS TO THE PAY-ROLL TAX ACT 1971
SCHEDULE 19—AMENDMENTS TO THE PESTICIDES AND ALLIED
CHEMICALS ACT 1978 SCHEDULE 20—AMENDMENT TO THE POLICE BOARD ACT 1983
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 21—AMENDMENT TO THE POLICE REGULATION ACT 1899
| SCHEDULE | 22—AMENDMENTS | TO | THE | PUBLIC | AUTHORITIES |
SUPERANNUATION ACT 1985
SCHEDULE 23—AMENDMENT TO THE REGISTRATION OF INTERESTS IN GOODS ACT I 986
SCHEDULE 24—AMENDMENTS TO THE STATE DEVELOPMENT AND INDUSTRIES ASSISTANCE ACT 1966
SCHEDULE 25—AMENDMENTS TO THE STATE DEVELOPMENT AND INDUSTRIES ASSISTANCE (AMENDMENT) ACT 1986
SCHEDULE 26—AMENDMENTS TO THE STATE TRANSPORT (CO ORDINATION) ACT 1931
SCHEDULE 27—AMENDMENT TO THE TRANSPORT ACT 1930
SCHEDULE 28—AMENDMENT TO THE TRANSPORT AUTHORITIES ACT 1980
SCHEDULE 29—AMENDMENTS RELATING TO ADMINISTRATION OF THE
RESIDENTIAL TENANCIES ACT 1987
SCHEDULE 30—AMENDMENTS RELATING TO DETERMINATION OF LEAVE ENTITLEMENTS
SCHEDULE 31—AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION
SCHEDULE 32—MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT OF THE INTERPRETATION ACT 1987
SCHEDULE 33—REPEALS
SCHEDULE 34—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1987
No. 48
NEW SOUTH WALES
Act No. 48, 1987
An Act to repeal certain Acts and to amend certain other Acts in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 28 May 1987]
Statute Law (Miscellaneous Provisions) (No. I) 1987
BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short title
1. This Act may be cited as the “Statute Law (Miscellaneous Provisions)
Act (No. 1) 1987”.
Commencement
(1) Except as provided by this section, this Act shall commence on the date of assent to this Act.
2.
(2) Section 3, in its application to a provision of a Schedule, shall commence, or be deemed to have commenced, on the day on which the provision commences.
(3) Schedule 3 shall be deemed to have commenced on 1 March 1985.
(4) Schedule 8(1) and (2) shall commence on 19 June 1987.
(5) Schedules 14 and 15 (2) shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.
(6) Schedule 18 (2) and (4) shall be deemed to have commenced on 17 December 1986.
(7) Schedule 22 (2) shall be deemed to have commenced on 1 July 1985.
(8) A provision of Schedule 26 that amends a provision amended by the
State Transport (Co-ordination) Amendment Act 1986 shall commence—
(a) on the date of assent to this Act; or
| (b) | on the commencement of the provision of that Act that effects the amendment, |
whichever is the later.
(9) Schedule 29 shall commence—
(a) on the date of assent to this Act; or
(b) on the date of assent to the Residential Tenancies Act 1987,
whichever is the later.
3 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
(10) The provision of Schedule 30 relating to the Crown Prosecutors Act
1986 shall commence—
(a) on the date of assent to this Act; or
(b) on the commencement of section 12 of that Act,
whichever is the later.
(11) The provisions of Schedule 31 relating to the—
| (a) | Corporate Affairs Commission Act 1981 shall commence on the commencement of the Corporate Affairs Commission (Amendment) Act 1987; |
(b) Permanent Building Societies Act 1967 shall commence—
(i) on the date of assent to this Act; or
(ii) on the commencement of Schedule 1 (9) to the Permanent Building Societies (Amendment) Act 1987,
whichever is the later; and
| (c) | Police Regulation (Appeals) Act 1923 shall be deemed to have commenced on i January 1987. |
(12) Except as provided by subsection (13), the provisions of Schedule
32 shall commence on the commencement of the Interpretation Act 1987.
(13) The provisions of Schedule 32 relating to the—
(a) Bursary Endowment Act 1912 shall commence—
(i) on the commencement of the Interpretation Act 1987; or
(ii) on the commencement of the Miscellaneous Acts (Education and Public Instruction) Repeal and Amendment Act 1987,
whichever is the later; and
(b) Trade Union Act 1881 shall commence— (i) on the commencement of the Interpretation Act 1987; or
(ii) on the commencement of the Trade Union (Amendment) Act 1986,
whichever is the later.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
Amendments
3. Each Act specified in Schedules 1-32 is amended in the manner set
forth in those Schedules.
Repeals
4. Each Act specified in Schedule 33 is repealed.
Savings, transitional and other provisions
5. Schedule 34 has effect.
SCHEDULE 1
(Sec. 3)
AMENDMENT TO THE AGRICULTURAL HOLDINGS ACT 1941
Section 17 (Procedure for determining disputes)—
Section 17 (4)—
Omit the subsection.
SCHEDULE 2
(Sec. 3)
AMENDMENTS TO THE COMPENSATION COURT ACT 1984
Section 43 (Rules)— (1) Section 43 (2) (g)—
Omit “and”.
5 Act No. 48
Slaluie Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 2— continued
AMENDMENTS TO THE COMPENSATION COURT ACT 19 8 4 ^
continued
(2) Section 43 (2) (h), (i)—
At the end of section 43 (2) (h), insert:
; and
(i) the regulation of the payment or transfer of money into or out of Court.
SCHEDULE 3
(Sec. 3}
AMENDMENT TO THE CONVEYANCING ACT 1919
Section 184d (Registration of instruments)—
Section 184d (2)—
Omit “Division” where firstly occurring, insert instead “Act or any other Act” .
SCHEDULE 4
(Sec. 3)
AMENDMENTS TO THE CRIMES ACT 1900
(1) Section 4 (Interpretation)—
Section 4(1), definition of "Telegraph"—
Omit the definition.
(2) Section 73 (Carnal knowledge by teacher &e.)—
Omit “of the age of 16 years”, insert instead “of or above the age of 16 years, and under the age of 17 years,”.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 4— continued
AMENDMENTS TO THE CRIMES ACT 1900— continued
(3) Section 74 (Attempts)—
Omit “of the age of 16 years”, insert instead “of or above the age of 16 years, and under the age of 17 years,” ,
(4) Section 125 (Larceny by bailee)—
After “ larceny", insert “and liable to be indicted for that offence”. (5) Section 352 (Person in act of committing or having committed
offence)—
Section 352 (5)—
After section 352 (4), insert:
(5) In this section, “telegraph” includes telephone, radio, telex, facsimile transmission, computer used to relay information and any other communication device.
(6) Section 3S2aa (Arrest of prisoners unlawfully at large)— .
| (a) | Section 352aa (I)— Omit “without warrant", insert instead “with or without warrant”, |
| (b) | Section 352aa (1)— |
Omit paragraphs (a) and (b) and the matter “before—”, insert instead “before an authorised Justice”.
| (c) | Section 352aa (3)-(6)— After section 352aa (2), insert: |
| (3) A constable may apply to an authorised Justice for a warrant for the apprehension of a prisoner whom the constable, with reasonable cause, suspects of being a prisoner unlawfully at large. |
(4) The authorised Justice to whom an application is made under subsection (3) may, if satisfied that there are reasonable grounds for doing so, issue a warrant for the apprehension of the prisoner concerned.
(5) Section 64 of the Justices Act 1902 applies, with any necessary adaptations, to such a warrant in the same way as it applies to a warrant referred to in that section.
7 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ^— continued
AMENDMENTS TO THE CRIMES ACT \9 m — continued
(6) In this section, “authorised Justice” means—
(a) a Magistrate; or
| (b) | a Justice employed in the Local Courts Administration, Attorney General’s Department. |
(7) Section 405b (Warning to be given by Judge in relation to lack of
complaint in certain sexual offence proceedings)—
Section 405b ( i)—
From paragraph (a) of the definition of “prescribed sexual offence”, omit “or 66d”, insert instead “,66d, 78h, 78i, 78k or 78l”
(8) Section 405c (Judge not required to warn jury against convicting person
of certain sexual offences)—
Section 405c (4)—
After section 405c (3), insert:
(4) Nothing in subsection (2) affects the operation (if any) of any rule of law or practice which requires—
| (a) | a Judge on the trial of a person for an offence alleged to have been committed under section 78h, 78i, 78k or 78u before the commencement of the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 to give the jury a warning as referred to in subsection (2); or |
| (b) | a Judge on the trial of a person for a sexual offence alleged to have been committed after that commencement, being a sexual offence other than a prescribed sexual offence, to give the jury a warning as referred to in subsection (2). |
(9) Section 440b (Imposition of fine on sentence being deferred or
suspended)—
Section 440b (1)—
Omit “$4,000”, insert instead “$10,000” .
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 4— continued
| AMENDMENTS TO THE CRIMES ACT | continued |
( 10) Section 444 (Cumulative or concurrent sentences)—
Section 444 (6)—
After section 444 (5), insert:
(6) This section applies in relation to unexpired sentences passed outside New South Wales and being served or to be served within New South Wales in the same way as it applies in relation to unexpired sentences passed within New South Wales.
(11) Section 447b (Outstanding charges may be taken into account in passing sentence)—
| (a) | Section 447b (1)— |
Omit “not punishable with penal servitude for life” where firstly occurring.
| (b) | Section 447b (1) (a)— Omit ihc paragraph, insert instead: |
| (a) | there has been filed in court a document in or to the effect of the form contained in the Ninth Schedule, signed by a member of the police force and by the person so found guilty, showing on its back a list of other offences with which the person has been charged: |
| (c) | Section 447b (7), (Si- After section 447b (6), insert. |
(7) Indictable oHences ma\ b'- taken inio accouni under this section whether or not the person concerned has been commuted for trial in respect of the offences, but indictable offences punishable with penal servitude for life may not be taken into account.
l8) Summary olfcnces may be laken into account under this
section
9 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHtDL'LE 4—continued
AMENDMENTS TO THE CRIMES ACT \ 9m — coniinued
| (12) | Ninth Schedule (Form of list o f other indictable o ffences charged)— |
From the heading, omit "indictable'".
SCHEDULE 5
(Sec. 3)
AMENDMENTS TO THE DANGEROUS GOODS ACT 1975
Section 41 (Regulations)— (1) Section 41(1) (1)—
Omit “and” where lastly occurring.
(2) Section 41(1) (m), (n)—
At the end of section 41(1) (m), insert:
; and
| (n) | the insurance to be effected by a person concerned in the conveyance of dangerous goods for the purpose of indemnifying the person in respect of liability that may be incurred on account ol injury or damage— |
(i) arising out of a fire or an explosion on or in, or in the vicinity of; or
(li) the escape or spillage of dangerous goods m. on or from,
a container in which dangerous goods are carried.
70910-21608—20
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 6
(Sec. 3)
AMENDMENTS TO THE DORMANT FUNDS ACT 1942
(1) Section 8 (Power to require attendance of trustees and persons)—
Section 8 (2)—
| Omit | as amended by subsequent Acts” wherever occurring, |
(2) Section 13 (Proposals—dormant fund exceeding $2,000)—
Section 13 (2a)-(2b)—
After section 13 (2), insert:
(2a) a person who has made a request that a proposal be referred to the Charity Referees may, at any time before the Charity Referees have completed their consideration of the proposal, deliver or send to the Commissioner a request in writing to have the reference withdrawn.
(2b) If a reference is withdrawn, the proposal shall be dealt with as if no request has been received within the time limited in the notice,
(3) Section 13 (Effect of order)—
Section 15 (5)—
Omit “— 1940” wherever occurring.
(4) Section 16 (Procedure of Charity Referees)—
| (a) | Section 16 (2)— Omit the subsection, insert instead: |
(2) The Chanty Referees may, for the purpose of—
| (a) | hearing an appeal under section 2 (3), require any trustee or other person referred to in section 7; or |
| (b) | considering a proposal referred to them under section 13, require any person interested in the administration, utilisation 01 ap]ilicat(on of tlie dormant fund concerned or in the proposal. |
| I j | Act No. 48 |
Slatute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 6— continued
AMENDMENTS TO THE DORMANT FUND ACT \9Al— conUmied
to attend before the Charity Referees, at such times and places as may be reasonably appointed, for the purpose of being examined in relation to any matter arising out of the appeal or reference and to produce on such examination all books and documents in his or her custody or control relating to the dormant fund.
| (b) | Section 16(3)— | |
|
SC HEDULE 7
(Sec. .3)
AMENDMENTS TO THE DRUG MISUSE AND TRAFFICKING ACT
1985
Section 11 (Possession of equipment for administration of prohibited drugs)—
Section 11(2) (e)—
C7mil the paragraph, insert instead:
| (c) | a person for use in the administration of a prohibited drug lawfully prescribed or supplied. |
SCHEDULE 8
(Sec. 3)
AMENDMENTS TO THE EGG INDUSTRY ACT 1983
(1) Section 4 (Interpretation)—
Section 4(1). definition of “Commonwealth Levy Act”—
Omit the definition.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 8— continued
AMENDMENTS TO THE EGG INDUSTRY ACT m 3 ^co n tin u ed
(2) Section 30 (Application of Part and exemptions)—
Section 30 (1)—
Omit the subsection, insert instead:
| (1) | This Part applies to and in respect of any person who owns |
or keeps more than 20 hens for commercial purposes.
(3) Section 52 (Powers of inspectors)—
| Section | 5 2 (l)(c )— |
Omit “takes”, insert instead “take” .
SCHEDULE 9
(Sec. 3)
AMENDMENTS TO THE FIREARMS AND DANGEROUS WEAPONS
ACT 1973
Section 6 (Interpretation)—
Section 6(1), definition of “prescribed narcotics offence”— (1) From paragraph (a), omit “or” where lastly occurring. (2) After paragraph (a), insert:
(al) an offence committed before the commencement of the Drug Misuse and Trafficking Act 1985 under the Poisons Act 1966, or the regulations thereunder, being an offence committed in respect of a restricted substance prescribed for the purposes of section 16 of the Poisons Act 1966 or in respect of—
(i) a drug of addiction;
(ii) a prohibited drug; or
(iii) a prohibited plant.
13 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) !9S7
SCHEDULE 9— continued
AMENDMENTS TO THE FIREARMS AND DANGEROUS WEAPONS
| ACT | 1973— continued |
within the meaning of the Poisons Act 1966, other than any such offence declared by regulations made under this Act to be an offence to which this paragraph does not apply; or
(3) In paragraph fb), after “paragraph (a)”, insert “or (al)”.
SCHEDULE 10
(Sec, 3)
AMENDMENTS TO THE INDUSTRIAL ARBITRATION ACT 1940
(1) Section 25 (Compulsory conferences)—
Section 25 (1)—
| Omit “to attend”, insert instead | for any one or more of the |
purposes referred to in section 79a (2), to”.
(2) Section 38a (Interpretation)—
Definition of “prescribed employer”—
Omit “Australian Oil Refining Pty. Limited” , insert instead
“Caltex Refining Co. Pty. Limited”.
(3) Section 79a (Signature and issue of, and obedience to, a summons)—
Section 79a (2) (c)—
After “documents”, insert “or things”.
(4) Schedule 3, Part II—
(a) Omit “Australian Oil Refining Pty Ltd.".
| (b) | Insert in appropriate alphabetical order “Caltex Refining Co. Pty, Limited.”. |
Slatulc Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 11
(Sec. 3)
| a m e n d m e n t t o t h e | in t o x ic a t e d p e r s o n s a c t | 1979 |
Section 5 (Detention of intoxicated persons)—
Section 5 ( Ia)—
Omit the subsection, insert instead:
( I a) An intoxicated person may not be taken to a police station under subsection ( I)—
(a) unless—
(i) no other proclaimed place which has facilities adequate for the detention of the person is close by or the person has been refused entry into a proclaimed place within the last 4 hours; and
(ii) it IS impracticable to take the person home, because of distance or the unavailability of resources or for any similar reason; or
| (b) | unless the behaviour of the intoxicated person has become so violent, or there is a real possibility that it will become so violent, as to warrant not taking the person home or to another proclaimed place. |
SCHEDULE 12
(Sec. 3)
AMENDMENTS TO THE JUSTICES ACT 1902
| ( I ) | Section 25 (Issue «f warrant where indictment filed)— Section 25(1)— C^niit "and upon payment of a fee of ten cents.". |
| ] 5 | Act No. 48 |
Statute Law (Miscellaneous Provisions) (!^o. 1) 1987
SCHEDULE 12— continued
AMENDMENTS TO THE JUSTICES ACT \902— continued
(2) Section 40 (Copies of depositions)—
Section 40 (2), (2a)—
Omit section 40 (2), insert instead;
| (2) | If a person has been charged upon an information under |
section 21 (whether or not the person has been committed for trial), any person is, on showing sufficient cause to the appropriate officer or the clerk of the Justice or Justices who heard the matter of the information, entitled to demand and have copies of the depositions.
(2a) Subject to this section, the copies shall be supplied by the
appropriate officer or clerk on payment of a fee calculated at the
rate prescribed by the regulations.
(3) Section 73 (Person interested in conviction or order may obtain copies
thereof and of the information, depositions, &c.)—
Section 73 (2)—
Omit the subsection, insert instead;
| (2) | Subject to this section, the copies shall be supplied by the |
clerk on payment of a fee calculated at the rate presenbed by the
regulations.
(4) Section 76 (Procedure where either party does not appear at adjourned
hearing)—
Section 76 (2)—
At the end of section 76, insert:
| (2) | Where a defendant charged with two or more offences |
(whether of a like or a different nature), the hearings or further hearings of which liave been adjourned to the same time and place, docs not appear at tlic time and place, the Justice or Justices may proceed to lieai and determine all or any of the charges together and adjudicate on the charges in the absence of the defendant.
Statute I MW (.Xfiscellaneous Provisions) (No. I) J987
SCHEDULE \ 2~conlinued
AMENDMENTS TO THE JUSTICES ACT I902^continued
(5) Section !00t (Appeal)—
| (a) | Section 100 ̂(5)— Omit “section”, insert instead "Division”, |
| (b) | Renumber section IOOt (5) as section IOOta (Service of notices), and insert the renumbered provision after section IOOt . |
SCHEDULE 13
(Sec. 3)
AMENDMENT TO THE LAW FOUNDATION ACT 1979
Schedule 1, clause 2 (Composition of the Board)—
Clause 2 (2 )(a)—
Omit “ 1 may be a barrister or solicitor", insert instead ”3 may be barristers or solicitors” .
SCHEDULE 14
(Sec. 3)
AMENDMENTS TO THE LOCAL COURTS fC IVIL CLAIMS) ACT
1970
(1) Section 27 (Default judgment)—
Section 27(1 )—
Omit “ 14", insert instead “28” ,
| ] 1 | Act No. 48 |
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ]4^continued
AMENDMENTS TO THE LOCAL COURTS (CIVIL CLAIMS) ACT
1970— continued
(2) Section 30 (Judgment may be set aside)—
Section 30 (3)—^
After section 30 (2), insert;
| (3) | If a court refuses an application to set aside any judgment |
or order, it may, at the same time or subsequently, order that the applicant pay such amount as the court thinks fit for the costs of any other party incurred because of the application.
(3) Section 40 (Payment by instalments)—
After section 40 (6), insert;
(6a) If a court deals with an application under subsection (6), it may, at the same time or subsequently, make such orders as it thinks fit as to the costs incurred by any party if it is of the opinion that a party has acted unreasonably in respect of the application.
(4) Section 59 (Bailiff to lake under writ of execution)—
Section 59 (7)—
Omit “$100”, insert instead “$1,000” .
(5) Section 84 (Rules)—
| (a) | Section 84 (1a) (j)— | |
| ||
| (b) | Section 84 (1a) (k), (1)— At the end of section 84 (I a) (k), insert: |
; or
(I) an order under section 30 (3),
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 15
(Sec. 3)
AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919
(1) Section 49 (Ordinances)—
Section 49 (d)—
Omit the paragraph, insert instead:
| (d) | the inspection by the public of the original or a copy of the minute book or of an extract from it; |
(2) Section 311 (Approval of the council)—
Section 311 (2), (3)—
At the end of section 311, insert:
(2) The council shall, in the prescribed form and manner (if any), keep a register of approvals of the erection of buildings given after the commencement of this subsection.
(3) The register shall be available for public inspection, without charge, at the office of the council during ordinary office hours.
(3) Section 628 (Ratable persons, owners and occupiers)—
| (a) | Section 628 (2) (d), (e)— At the end of section 628 (d), insert: |
| (e) | if the person to be served maintains a box at a document exchange established in New South Wales, by depositing the notice in that box or leaving it at another such exchange for transmission to the firstmentioned exchange for deposit in that box. |
19 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 15— continued
AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919—
continued
| (b) | Section 628 (2a)— After section 628 (2), insert: |
(2a) If a notice is deposited in a box referred to in subsection (2) (e), or left at a document exchange so referred to for transmission to anothei exchange for depositing in sucli a box, service of the notice shall, until the contrary is proved, be taken to be effected 2 days after the day on which the notice is so deposited or left.
SCHEDULE 16
(Sec. 3)
AMENDMENT TO THE LOTTO ACT 1979
Section 12a—
After section 12, insert;
Prohibition on promotion of syndicates for fee, gain or reward
12a. (1) A person shall not for fee, gain or reward promote or take pan in the formation of a syndicate to enter in, or subscribe to, a game of lotto.
(2) A person shall not advertise by any means that he or she will receive money for purchase of a share in an entry in, or subscription to, a game of lotto,
(3) A person shall not print or publish any advertisement referred to in subsection (2),
Penalty: $200.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 17
(Sec. 3)
AMENDMENT TO THE MOTOR VEHICLES (THIRD PARTY
INSURANCE) ACT 1942
Section 33a (Maximum amount of premium)—
Section 33a (4)—
Omit the subsection.
SCHEDULE 18
(Sec. 3)
AMENDMENTS TO THE PAY-ROLL TAX ACT 1971
(1) Section 3 (Interpretation)—
| (a) | Section 3(1), definition of “wages”— | |
| ||
| (b) | Section 3 (5)— After section 3 (4), insert: |
| (5) | A travelling or accommodation allowance paid or payable |
to an employee shall be regarded as an allowance for the purpose of the definition of “wages” in subsection (1) only to the extent that it exceeds the prescribed amount, or an amount calculated at the prescribed rate, that is applicable to the particular case.
(2) Section 1 1a (Interpretation for purposes of ss. 11a-11c)—
Section 1 1a (2)—
Omit the formula set out in the subsection, insert instead:
| lOQQOOA | , | ISOOOOB |
| 184 | + | 181 | » 1 |
21 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 18— continued
AMENDMENTS TO THE PAY-ROLL TAX ACT \971— continued
(3) Section 12 (Registration)—
| (a) | Section 12(l)-{2)— Omit section 12(1) and (2), insert instead: |
{1) An employer who is not already registered shall apply for registration as an employer under this Act if—
| (a) | during a month the employer pays or is liable to pay, anywhere, wages of more than $5,769 per week which are wholly or partly taxable wages; or |
| (b) | the employer is a member of a group the members of which together during a month pay or are liable to pay, anywhere, wages of more than $5,769 per week which arc wholly or partly taxable wages. |
(1a) The application for registration shall be made to the Chief Commissioner in the prescribed form and manner within 7 days after the end of the month concerned.
(1 b) The Chief Commissioner shall register the applicant as an employer under this Act,
| (2) | The Chief Commissioner may eancel the registration of a |
person as an employer if satisfied that the person has ceased to pay or to have a liability to pay wages as described in subsection (i).
| (b) | Section 12 (2a)— |
Omit “(otherwise than as a member of a group)".
| (c) | Section 12 (2a)— |
Omit "during any month he pays or is liable to pay wages at a rate not in excess of $5,769 per week", insert instead “ the person is not required to apply for registration".
Statute Law (Miscellaneous Provisions) (No. 1) 1987
S("HEDULE \ %^continued
AMENDMENTS TO THE PAY-ROLL TAX ACT \9 1 \— continued
(4) Section I6j (“Prescribed amount" for the purposes of ss. 16k and
16l)—
Section I6j (2)—
Omit the formula set out in the subsection, insert instead:
| TW | ff lO O O O O A | , | I S W O B I | /■ | f | lOOOOOA | . | 1 | S O O O O B O | 1 |
| TW 4 IW I | 1 \ “ T 8T ~ + | I ~ \ | \ | J |
SCHEDULE 19
(Sec. 3)
AMENDMENTS TO THE PESTICIDES AND ALLIED CHEMICALS
ACT 1978
(1) Section 5 (Interpretation)—
| (a) | Section 5(1), dehnition of “approved aircraft”— Omit the dehnition. |
| (b) | Section 5(1), dehnilion of “pesticide”— Omit paragraph (e), insert instead: |
| (e) | a substance or organism that is represented solely in a manner which would make it a stock medicine under the Stock Foods and Medicines Act 1940; |
(2) Section 22a (Applications generally)—
| (a) | Section 22a (I)— Omit “22d”, insert instead “22c” . |
| (b) | Section 22a (I) (a)— At the end of the paragraph, insert “or” . |
| (c) | Section 22a (1) (b)— Omit “or” . |
23 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE \9—continued
AMENDMENTS TO THE PESTICIDES AND ALLIED CHEMICALS
| ACT | 1978— continued |
| (d) | Section 22a (1) (c)— Omit the paragraph. |
(3) Section 22d (Application for approval of aircraft)—
Omit the section.
(4) Section 22t (Further information)—-
| (a) | Section 22e (1) (a)— At the end of the paragraph, insert “or”. | |
| (b) | Section 22e (1) (b)— | |
| ||
| (c) | Section 22e (1) (c)— Omit the paragraph. |
(5) Section 22f (Licences and approvals)—
Section 22f (3), (4)— Omit the subsections.
(6) Section 22] (Restriction on approval of certain aircraft)—
Omit the section.
(7) Section 22j (Notification of certain particulars)—
Section 22j (2), (3)— Omit the subsections.
(8) Section 22k (Duties of Registrar)—
Omit the section.
Statute Law (Miscelianeous Provisions) (No. 1) 1987
SCHEDULE l9^continued
AMENDMENTS TO THE PESTICIDES AND ALLIED CHEMICALS
ACT 1978—continued
| (9) | Section 22m (Applicants to supply certain further information)— |
Section 22m (1)—
Omit the subsection, insert instead;
(1) When—
| (a) | information comes to the knowledge of a person who is an applicant for, or holder of, an aircraft (pesticide applicator) licence or pilot (pesticide rating) licence, not being information that has come to the person’s knowledge after— |
(i) the application has been refused or withdrawn; or
(ii) the licence has been suspended or cancelled or has otherwise ceased to be in force; and
| (b) | the information contradicts or modifies any information supplied by the person in connection with an application made by the person to the Registrar for the licence, |
the person shall forthwith supply the Registrar with particulars of
the first mentioned information.
(10) Section 22o (Cancellation of approvals)—
Omit the section.
(11) Section 49b (Records of aircraft application of pesticides)—
Section 49b (1), (2)—
Omit “or fertilizer” wherever occurring,
(12) Section 49d (Certain statements prohibited)—
Section 49d (3)—
Omit the subsection.
(13) Section 49e (Piloting of aircraft used in the application of pesticides)—
| (a) | Section 49e (1) (a)— At the end of the paragraph, insert “ and” . |
25 Act jNo. 48
Statute Law (Miscellaneous Provisions) (So. 1) 1987
| SCHEDULE | 19— coniimted |
AMENDMENTS 7 0 THE PESTICIDES AND ALLIED CHEMICALS
| ACT | \91%— continued |
| (b) | Section 49r (1) (b)— |
Omit “and” where lastly occurring.
| (c) | Section 49i: (1) (c)— |
Omit the paragraph.
| (d) | Section 49r (2) (a)— |
At the end of the paragraph, insert “and”
| (e) | Section 49e (2) (b) (ii)— | |
|
(0 Section 49f (2) (c)—
Omit the paragraph.
(14) Section 60 (Evidence)—
Section 60 (a) (iia)—
Omit the subparagraph.
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 20
(Sec. 3)
AMENDMENT TO THE POLICE BOARD ACT 1983
Section 13a—
After section 13, insert:
Member applying for appointment as Commissioner not to act on
Board
13a. (1) An applicant for appointment to the office of Commissioner who is a member of the Board shall not—
| (a) | be present during any deliberation of the Board, or take part in any decision of the Board, with respect to the appointment; or |
| (b) | exercise any functions conferred or imposed on it with respect to the appointment. |
(2) Notwithstanding that a member of the Board contravenes this section, that contravention does not invalidate any decision of the Board or the exercise by the Board of any functions conferred or imposed on it.
SCHEDULE 21
(Sec. 3)
AMENDMENT TO THE POLICE REGULATION ACT 1899
Section 5aaa (Procedure for appointment of Commissioner, Deputy
Commissioner or Assistant Commissioner)—
Section 5aaa (2) (b)—
| Omit ‘ | after considering a recommendation by the Police |
| Board,’ |
27 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 22
(Sec. 3)
AMENDMENTS TO THE PUBLIC AUTHORITIES
SUPERANNUATION ACT 1985
(1) Section 15 (Variations of contribution rate)—
| (a) | Section 15 (7)— |
Omit “the commencement of the superannuation year in which the election is received in the office of the Board” , insert instead “a date determined by the Board having regard to the circumstances of the contributor” .
| (b) | Section 15 (8)— |
Omit “from the beginning of the superannuation year so referred to” , insert instead “on or after the date from which the contributor’s rale of contribution is reduced” ,
(2) Schedule 3 (Employers)—
Insert in Pan 1 in appropriate alphabetical order “The Orange
Agricultural College.”.
SCHEDULE 23
(Sec. 3)
AMENDMENT TO I'HE REGISTRATION OF INTERESTS IN GOODS
ACT 1986
Section 17 (Offences)— Section 17 (2)— Omit “7 days”, insert instead “ 14 days”.
Slatule Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 24
(Sec. 3)
AMENDMENTS TO THE STATE DEVELOPMENT AND
INDUSTRIES ASSISTANCE ACT 1966
(1) Long title—
Omit “ to constitute a Development Corporation and to confer on it certain powers and functions;” ,
(2) Part II (New South Wales Development Corporation)—
Omit the Part.
(3) Section 8g (5) (a)—
Omit “business or undertaking”, insert instead “business undertaking” .
(4) Pan III, heading—
Omit “COUNTRY”
(5) Section 11 (Functions of Ministerial Corporation under this Part)—
(a) Omit “Pan,”, insert instead “Part”,
(b) Omit “country”.
(6) Section 20 (as substituted by Act No. 83, 1986) (Ministerial
Corporation’s powers to make grants and pay subsidies)—
Omit “a country” wherever occurring, insert instead “an” .
(7) Sections 29, 30 (1) (c), (d)—
Omit “a country” wherever occurring, insert instead “an” ,
(8) Section 30(1) (a), (b), 34a { I) (a), (b)—
Omit “country” wherever occurring.
(9) Section 34a (1)(c)—
Omit “, other than country industries,”.
29 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1} 1987
SCHEDULE 24— continued
AMENDMENTS TO THE STATE DEVELOPMENT AND
INDUSTRIES ASSISTANCE ACT 1966— continued
(10) Section 34f—
Omit the section, insert instead;
Ministerial Corporation's powers to erect, alter or extend buildings for industries and business undertakings
34f. The Ministerial Corporation may, on land acquired by the Corporation under this Pan, cause buildings to be erected, altered or extended for use and operation for the purposes of industries and business undertakings.
(11) Section 34ia (as inserted by Act No. 83, 1986) (Industries Assistance
Fund)—
Section 34ia (1) (e)—
After “Act”, insert “(except so much as was acquired out of funds drawn from the account relating to the Special Industries Agency maintained under the State Bank Act 1981)”,
SCHEDULE 25
(Sec. 3)
AMENDMENTS TO THE STATE DEVELOPMENT AND INDUSTRIES ASSISTANCE (AMENDMENT) ACT 1986
(1) Schedule ! (1)—
Omit the item.
(2) Schedule 1 (2) (a)—
Omit the paragraph.
(3) Schedules 2, 6—
Omit the Schedules.
Statute Law (Mlseellafieous Provisions) (No. 1) 1987
SCHEDULE 26
(Sec. 3)
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
ACT 1931
(1) Section 3 (Interpretation)—
| (a) | Section 3 (1), definitions of “Goods", “Receiving depot”, “Store”— |
Omit the definitions.
| (b) | Section 3(1), definitions of “Motor omnibus”, “Ovraer”, “Private hire car”, “Taxi-cab”— |
Omit “public motor” wherever occurring, insert instead “public passenger” .
| (c) | Section 3(1), definition of “Operate”— Omit "or goods” . |
| (d) | Section 3 (1), definitions of “Public motor vehicle”, “Public passenger vehicle”— |
Omit the definitions, insert instead:
“Public passenger vehicle” means a motor vehicle—
| (a) | used or let or intended to be used or let for the conveyance of passengers for hire or for any consideration or in the course of any trade or business; or |
| (b) | plying or travelling oi standing in a public street for or in hire or in the course of any trade or business. |
(2) Sections 3a (1), 3b (2), 14, 14b, 15(1), 16, 17 (2) (a), (c), (d) (as amended by Act No. 138, 1986), 18 (1), (11), 19, 20, 21 (as amended by Act No. ! 38, 1986), 28. 29, 39a (as inserted by Act No. 138, 1986), 44, 48 (8). Schedules 2 and 4—
Omit “public motor” wherever occurring, insert instead “public passenger” .
3 1 Act No. 48
Statute Law (Miscellaneous Promions) (No. 1) 1987
SCHEDULE 26— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
| ACT | 1931— continued |
(3) Section 10 (Advice and reports by Commissioner)—
Omit “and of goods”.
(4) Section 12 (as amended by Act No. 138, 1986) (Public passenger
vehicle not to be operated in certain cases unless vehicle licensed)—
| (a) | Section 12— |
Omit “public motor” wherever occurring, insert instead “public passenger”.
| (b) | Section 12 (2), (3)— Omit the subsections. |
(5) Section 13—
Omit the section, insert instead:
Passengers not to be conveyed by unlicensed vehicle
(1) Any person who conveys or agrees or offers to convey any passenger by a public passenger vehicle is guilty of an offence against this Act unless a licence has been issued in respect of the vehicle,
13.
| (2) | In any proceedings for an offence under this section it shall |
be a sufficient defence if the person charged proves that he or
she—
(a) had reasonable grounds for believing; and
(b) did in fact believe,
that the passenger vehicle was at the time of the alleged offence
licensed under this Act.
(6) Section 14 (Licences)— Section 14 (2) (c)— Omit “or maximum weight of goods”.
St at me Law {Miscellaneous Frovisions) (No. I) 1987
SCH EDULE 26— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
| ACT | 1931— continued |
(7) Section 17 (Certain conditions of licence)—
| (a) | Section I 7 (2) (a)— | |
| ||
| (b) | Section 17 (2) (b)— Omit (he paragraph, insert instead: |
| (b) | the circumstances in which and days and times on which passengers may be conveyed, including the limiting of the number of passengers that may be conveyed on the vehicle; |
($) Section IS (Certain obligations in respect of public passenger
vehicles)—
| (a) | Section 18(1) (a), (c)— Omit “and goods” wherever occurring. |
| (b) | Section 18(1) (c)— Omit ” , freight” . |
| (c) | Section 18(1) (d)— At the end of the paragraph, insert “and” . |
| (d) | Section 18(1) (f)— Omit the paragraph. |
| (c) | Section ! 8 (1)— |
Omit “obligations mentioned in paragraphs (e) and (f)“, insert instead "obligation mentioned in paragraph (c)” .
(0 Section 18 (2)—
Omit “public motor" where firstly occurring, insert instead “public passenger".
| (g) | Section 18 (2)— |
Omit “or of goods carried or to be carried by a public motor vehicle".
33 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 26— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
| ACT | 193!— continued |
| (h) | Section 18 (3)— Omit the subsection, insert instead: |
| (3) | The regulations may provide that the weight of a public |
passenger vehicle, as assessed for the purposes of any other Act,
may be adopted for the purposes of this Act.
| (i) | Section 18 (4)-(10), (12)~ Omit the subsections. |
(9) Section 20 (Agents etc. to be licensed)—
| (a) | Section 20 (I) (b)— Omit “or goods". |
| (b) | Section 20 (1) (b)— Omit “or" where lastly occurring. |
| (c) | Section 20 (!) (c)— Omit the paragraph. |
(10) Section 21 (as amended by .A,cl No. 138, 1986) (Cancellation of
licence)—
Section 21(11 (b)—
Omit “or of or attaching to an exemption granted by the
Commissioner under section 18 (8) or (9)” .
(11) Section 22 (Permits to use vehicle for carriage of passengers)—
| (a) | Section 22 (!)— Omit “or goods", |
| (b) | Section 22 (4)— Omit the subsection. |
(12) Section 27 (Goods motor vehicle not to be used for passengers)—
Omit the section.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 26— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
| ACT | 1931— continued |
(13) Section 29 (Advertisements)—
| (a) | Section 29 (1) (b)— Omit “or” . |
| (b) | Section 29 (1) (c), (d)— Omit the paragraphs, |
| (c) | Section 29 (l)(i), (iv)— Omit “or goods” wherever occurring, |
( 14) Section 30 (Records to be kept)—
| (a) | Section 30 (1), (2)— Omit the subsections, |
| (b) | Section 30 (3)— Omit “(not being the proprietor of a receiving depot)” . |
| (c) | Section 30 (3)— Omit “and of goods”, |
(15) Section 35 (Proof as to passengers being carried for hire)—
(a) Omit “or goods” where lastly occurring,
(b) Omit “or goods carried for hire”.
(16) Section 37 (Payments in respect of vehicle not licensed)—
Omit the section.
(17) Section 38a (Order, upon conviction, for payment of amount due)—
Omit the section,
(18) Section 39 (Recovery of amounts due)—
Omit “Any amount due to oi lecoverable under section 18 (4) or (5), anv amount due under section 37, any other”, insert instead “Any” .
Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 26— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
A Cr 1931— continued
(19) Section 44 (as amended by Act No. 138, 1986) (Prima facie
evidence)—
Section 44 (h)—
Omit the paragraph.
(20) Section 45 (Production of certificate)—
Omit the section,
(21) Section 48 (Regulations)—
| (a) | Section 48 (8) (b)— | |
| ||
| (b) | Section 48 (8) (b)— Omit “or goods” . | |
| (c) | Section 48 (8) (e)— Omit the paragraph. |
(22) Schedule 5 (Savings, transitional and other provisions)—
Clauses 2, 3—
•M the end of the Schedule, insert:
References to public motor vehicles
2. A reference, however expressed, in any Act or in an instrument or document, of any kind, to a public motor vehicle within the meaning of this Act as in force immediately before the commencement of Schedule 26 to the Statute 1 aw (Miscelianeous Provisions) Act (No, 1) 1987 shall be read as a reference to a public passenger vehicle.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 2b— continued
AMENDMENTS TO THE STATE TRANSPORT (CO-ORDINATION)
| ACT | 1931— continued |
Regulations saved
3. A regulation made under section 18 or 22 and in force immediately before the commencement of Schedule 26 to the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 shall be deemed to have been made under that section as amended by that Act.
SCHEDULE 27
(Sec. 3)
AMENDMENT TO THE TRANSPORT ACT 1930
Section 3 (Application of Act)—
Section 3 (4)—
Omit the subsection.
37 Act No. 48
Statute Law (Miscellaneous Provisions) (No. ]) 1987
SCHEDULE 28
(Sec. 3)
AMENDMENT TO THE TRANSPORT AUTHORITIES ACT 1980
Schedule 1 (Constitution and procedure of the corporations)—
Clause 13—
After clause 12, insert:
Extension of office of Chairman of State Rail Authority
In the case of the person holding office as Chairman of the Stale Rail Authority as from 6 August 1985—
13.
| (a) | the references in clauses 3 and 7 to the age of 70 years shall be read as references to the age of 72 years; |
| (b) | he shall be deemed to have been appointed for a further term of 18 months commencing on his 70th birthday; and |
| (c) | he shall be deemed not to have vacated office because his term of office which commenced on 6 August 1985 expired or because he attained the age of 70 years. |
SCHEDULE 29
(Sec. 3)
AMENDMENTS RELATING TO ADMINISTRATION OF THE RESIDENTIAL
TENANCIES ACT 1987
Auctioneers and Agents Act 1941 No. 2 8 -
Section 63e (Application of moneys for the purposes of the Residential Tenancies
Acts)—
Section 63e (1 )—
After “Residential Tenancies Tribunal Act 1986” wherever occurring, insert
“or the Residential Tenancies Act 1987”.
Landlord and Tenant (Rental Bonds) Act 1977 No. 44—
Section 20 (Rental Bond Interest Account)—
Section 20 (2a) ~
After “Residential Tenancies Tribunal Act 1986” wherever occurring, insert
“or the Residential Tenancies Act 1987".
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | 2 9 ^ c o n tin u e d |
AMENDMENTS RELATING TO ADMINISTRATION OF THE RESIDENTIAL
TENANCIES ACT \ 9%1— continued
Residential Tenancies Act 1987—
Section 129 (Costs of administration)—
Section 129 (2)—
Omit the subsection.
SCHEDULE 30
(Sec, 3) AMENDMENTS RELATING TO DETERMINATION OF LEAVE ENTITLEMENTS Crown Advocate Act 1979 No. 59—
Section 7 (Remuneration and leave)—
Section 7 (2)—
At the end of section 7, insert:
(2) The leave which may be granted to the Crown Advocate shall be as the
Minister may from time to time determine in respect of the Crown Advocate.
Crown Prosecutors Act 1986 No. 208—
Section 12 (Remuneration and leave)—
Section 12 (2)—
At the end of section 12, insert:
(2) The leave which may be granted to a Crown Prosecutor shall be as the Attorney General may from time to time determine in respect of the Crown Prosecutors.
Director of Public Prosecutions .Act 1986 No. 207—
| Schedule 1 | (Provisions relating to senior officers)— |
Clause 3 (2)—
At the end of clause .1, insen:
(2) The leave which nay be granted to a Senior Officer shall be as the Attorney General may from time to time determine in respect of the .Senior Officers.
39 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 30— continued
AMENDMENTS RELATING TO DETERMINATION OF LEAVE
ENTITLEMENTS—conii/iMei/
Law Reform Commission Act 1967 No. 39—
Section 8 (Remuneration, allowances, leave and rights)—
Section 8 (2a)—
After section 8 (2), insert:
(2a) The leave which may be granted to a full-time commissioner, not being
the holder of a judicial office, shall be as the Minister may from time to time
determine in respect of such commissioners.
Public Defenders Act 1969 No. 60—
Section 3 (Public Defenders)—
Section 3 (4a)—
After section 3 (4), insert:
(4a) The leave which may be granted to a Public Defender shall be as the Minister may from time to time determine in respect of the Public Defenders.
Solicitor General Act 1969 No. 80—
Section 2 (Appointment of Solicitor General)—
Section 2 (3a)—
After section 2 (3), insert:
(3a) The leave which may be granted to the Solicitor General shall be as
the Minister may from time to time determine in respect of the Solicitor
General.
SCHEDULE 31
(Sec. 3)
AMENDMENTS TO OTHER ACTS B3 WAY OF STATUTE LAW REVISION Commercial Agents and Private Inquiry Agents Act 1963 No. 4—
Section lU (10)—
Omit “stipcndiaiy magistrate", insert instead “ Magistrate”.
Statute Law (Miscellaneous Provisions) (No. 1) }987
SCHEDULE 31— continued
AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-
coniinued
Community Services Orders Act 1979 No, 192—
Section 4 (3) (a)~
Omit "437 {!)", insert instead "437 (3)".
Corporate Affairs Commission Act 1981 No. 64—
Schedule 2 (Savings and transitional provisions)—
| Clause 1 | 1 | (3)— |
| After clause 1 | 1 | (2), insert: |
(3) A reference in any Act. by-law, regulation, order or statutory or other instrument to a Commissioner or member, or the Chairman, of the old Commission shall be construed as a reference to the Commissioner for Corporate Affairs,
Heritage Act 1977 No, 136—
Section 101 —
Omit “and in Schedule 2”,
Housing Act 1912 No. 7—
Section 48 (False statements)—
Section 48 (a)—
Omit "under this Act",
Legal Aid Commission Act 1979 No, 78—
(1) Section I 5 (Provisions relating to Director)—
After "Director" where secondly oecurnng, insert “except as permitted by this
Act or except with the consent of the Minister".
(2) Schedule 4 (General provisions relating to the statutory officers of the
Commission)—
Clause 5(1) (e)—
After "office" where secondly occurring, insert ", except with the consent of the Minister".
Local Government (General Revision) Amendment Act 1986 No, 159—
Schedule 3, item 13—
Omit "364 (2) (a)", insert instead "364 a (2) (a)” .
41 Act No. 48
Slalute Law (Miscellaneous Pro\isions) (No. 1) J9S7
| SCHEDULE | 3 \-~ co n lin u e ii |
AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION—
con tinued
Miscellaneous Acts (Public Prosecutions) Amendment Act 1986 No. 212—
Schedule 1, matter relating to the Justices Act 1902—
From item (3) (d), omit "the”.
Miscellaneous Acts (Water Administration) Amendment Act 1986 No. 2 0 5 -
Schedule 2—
From the matter relating to the Electricity Commission Act 1950, omit “No.
2” , insert instead “No. 22” .
National Parks and Wildlife Act 1974 No. 80—
(1) Section 176 (1)—
Omit ", the regulations or the by-laws”, insert instead “or the regulations".
(2) Section 179 (1a)—
Omit "or member”.
Permanent Building Societies Act 1967 No. 18—
Section 11 7a (Takeover Review Committee)—
Section 1)7a (3) (b)—
Omit the paragraph, insert instead:
| (b) | the Commissioner for Corporate Affairs or an officer of the Corporate Affairs Commission nominated by the Commissioner; |
Plant Diseases (Amendment) Act 1987 No. 17—
| Schedule 1 | (2) (b )- |
Omit “which causes an abnormal or unhealthy condition in plants and includes anything".
Police Regulation (Appeals) Act 1923 No. 3 3 -
Section 5a (Appeal against decision to recommend appointment of inspector)—
Section 5a (4) (c)—
Omit “section 19 (3)”, insert instead “section 19(1) and (5), respectively,”.
Police Regulation (Superannuation) Act 1906 No. 28—
Section 2a (6)—
Omit “(3)”, insert instead “(4)".
70910-2160S— 21
Statute Law (Miscellaneous Provisions) (No. 1) 1937
| SC H | D U LE 31 — coniinued |
AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-
ccn iinued
Prisons Act J952 No. 9—
Section i Ia (as inserted by Act No. 109, 1986)—
Section 11a (2)—
Omit "adaptions”, insert instead “adaptations”.
Rejdstcred Clubs Act 1976 No. 31—
(1) Section 4 (4) (b)—
Before “such amourit ” insert “to” .
(2) Section I7(2)(e)— Omit the parag’-â .h, insert instead
(O dismiss the complaint
Of, Section 79 (7) (b)— Before "it”, insert “ if’.
(4) (a) Section 129(2) -
| After “specified premis.’s” , insert | u poker .'lachine”. |
| (b) | Section 129 (2) (a)— Omit "a poker machine”. |
Statute Law (Miscellaneous Provisions Act; (Nc. 2 ) 19“6 No, 218—
Schedule 38. Pari 2— Omit the Pan,
Supreme Court (Cr nmerciat Arbitrat’c ' l Amendment Act 1984 No. lo6—
Schedule 1(1) (a)— After “ur" insert "where icsily occutriiig”.
| Theatres :. nd rnbii ■ Schedule I (2)(b)— | fii.” ̂ (Liquor) Amendment Act 1984 No. 5 9 - |
Omit “purpose” insert instead 'purposfS”.
43 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | continued |
AMENDMENTS TO OTHER ACTS BY WAY OF STATUTE LAW REVISION-
continued
Timber Marketing Act 1977 No, 72—
(1) Section 4 (I), definition of “corporation”—
Omit “Companies Act, 1961", insert instead “Companies (New South Wales)
Code”.
(2) Sections lD{1)(c), 11 (l)(c), 31 (b) (vi)—
Omit “per centum” wherever occurring, insert instead “per cent”.
(3) Section 32 (1)—
Omit “Companies Act, 1961,", insert instead “Companies (New South Wales)
Code”.
SCHEDULE 32
(Sec. 3)
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 1987
Adoption of Children Act 1965 No, 23—
Section 73 (2)—
Omit the subsection.
Agricultural Holdings Act 1941 No. 55—
Section 38 (3)—
Omit the subsection.
Air Transport Act 1964 No. 36—
(1) Section I 3 (3)—
Omit the subsection. (2) Schedule 1, clause 2—
| Omit | subject to section 30 of the Interpretation Act, 1897,”. |
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE n —cominued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 1987— con tinued
Animals Act 1977 No. 25—
Schedule I, clause 4— Omit the clause.
Annual Holidays Act 1944 No. 31—
Section 15 (3)—
Omit the subsection.
Anti-Discrimination Act 1977 No. 48—
(1) Section 31 (6)—
Omit “Section 21 (a) of the Interpretation Act, 1897,” insert instead “Section
8 (a) of the Interpretation Act 1987".
(2) Section 127(3) (a)—
Omit “it is”, insert instead “written notice of its making is, pursuant to section
40 of the Interpretation Act 1987,”.
Anzac Memorial (Building) Act 1923 No. 27—
Section 9 (2a)—
Omit the subsection.
Apiaries Act 1985 No. 16—
Section 50 (5)—
Omit the subsection.
Apprenticeship Act 1981 No. 80—
(1) Section 5 (3)—
Omit “section 27 (I) of the Interpretation Act 1897", insert instead “section
76 of the Interpretation .Act 1987".
(2) Schedule 4, clause I (3)—
Omit the subclause.
Architects Act 1921 No. 8—
Section 25 (3)—
Omit the subsection.
45 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | 2 2 -^c o n tin u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT | — continued |
Archives Act 1960 No, 46—
(1) Section 2! (3), (4)—
Omit the subsections, insert instead:
| (3) | A by-law shall be sealed with the common seal of the Authority and shall |
be submitted to the Governor for approval,
(2) Section 25 (2)—
Omit the subsection.
Auctioneers and Agents Act 1941 No. 28—
Section 92 (4)—
Omit the subsection.
Australian Jockey Club Act 1873—
Section 13—
Omit the section, insert instead;
Approval of by-laws
13. A by-law made under this Act shall be submitted to the Governor for approval.
Balranald Irrigation Act 1902 No. 78—
(1) Section 34—
Omit the section, insert instead:
Saving of by-laws
34. Any by-law—
| (a) | made or deemed to be made under this section and in force immediately before the substitution of this section by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987; or |
| (b) | set out in the Second Schedule immediately before the repeal of that Schedule by the Statute Law (Miscellaneous Provisions) Act (No. I) 1987, |
shall be deemed to be a regulation.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE M ~ c o n l in u e d
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 1981— continued
(2) (a) Section 35 (1)—
Omii "for or with respect to the form of lease to be used under this Act.”, insert instead;
for or with respect to—
(a) the form of lease to be issued under this Act;
| (b) | the administration and maintenance of the works constructed pursuant to this Act; |
(c) the conditions on which water shall be supplied;
(d) the mode of assessing property and levying rates; and
| (e) | the ensuring of bona fide settlement, improvement and cultivation of land within the irrigation area, and all matters relating thereto. |
| (b) | Section 35 (2)— Omit the subsection, insert instead: |
| (2) | A regulation may create an offence punishable by a penalty not exceeding |
$ 200.
(3) Second Schedule—
Omit the Schedule. Banana Industry Act 1969 No. 38—
Section 27 (4)—
Omit the subsection. Baptist Churches of .New South Wales Property Trust Act 1984 No. 4—
Sections 12 (2), 21(1)—
Omit "section 38 of the Interpretation Act, 1897” wherever occurring, insert instead "section 50 of the Interpretation Act 1987”,
Bills of Sale Act 1898 No. 1 0 -
Section I 5 (3)—
Omit the subsection.
Book Purchasers* Protection Act 1899 No. 25—
Section 9 |2)—
Omit the subsection.
Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1} 1987
SCHEDULE 7>2— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — con tinued |
Bookmakers (Taxation) Act 1917 No. 15—
Section 38 (4)—
Omit the subsection.
Broken Hill Water aid Sewerage Act 1938 No. 20—
Section 122—
Omit the section.
Builders Licensing Act 1971 No. 16— (1) Section 3 (2)—
Omit the subsection.
| (2) | Section 49 ( 1 a ) — |
Omit “section 38 of the Interpretation Act 1897”, insert instead "section 50 of the Interpretation Act 1987”.
Building and Consmiction Industry Long Service Payments Act 1986 No. 1 9 -
Schedule 3, clause 15— Omit the clause.
Bursary Endowment Act 1912 No, 14—
| Section Omit the section, insert instead: Regulations | 11 — |
11. (1) The Governor may make i“3ulations, 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 cTect to this Act and, in particular, for or with respect to—
(a) the powers and duties of the board;
| (b) | the manner in which repiesentatives on the board shall be ncrtdnated or seiccied for the purposes of section 4 (I) (a) (i) and (iii); and |
(c) the conditions on which bur..arics may he granted and shall be held.
| (2) | Any by-law made under this section, and in force tmmfdiatdy before |
the substitution of this section by the Statute Law (Miscellaneous Provisions)
Act (No. 1) 1987, shall be deemed lO be a regulation.
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 32—continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9%1— con tinued
Bush Fires Act 1949 No. 31—
Section 57 (4)—
Oniii the subsection.
Business Franchise Licences (Petroleum Products) Act 1982 No. 92—
Section 12 (4)—
Omit “Subject to section 30 (b) of the Interpretation Act 1897, the”, insert instead “The”.
Business Franchise Licences (Tobacco) Act 1975 No. 63—
Section 6 (4)—
Omit “Subject to section 30 (b) of the Interpretation Act, 1897, the”, insert instead “The”.
Business Names Act 1962 No. 11—
Section 32 (4)—
Omit the subsection.
Cattle Compensation Act 1951 No. 26—
Section 19 (2)—
Omit the subsection.
Cattle Slaughtering and Diseased Animals and Meat Act 1902 No. 36—
Sections 29 (3), 56 (2) and 57 (3)—
Omit the subsections.
Charitable Collections Act 1934 No. 59—
Section 18 (4)—
Omit the subsection.
Child Welfare Act 1939 No. 1 7 -
Section 161 (3)—
Omit the subsection.
Chiropodists Registration Act 1962 No. 17—
Section 35 (2). (3)—
Omit the subsections.
49 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 22— con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \ 987— continued
Cinematograph Films Act 1935 No. 41—
Section 14 (2), (3)—
Omit the subsections.
Civil Aviation (Carriers' Liability) Act 1967 No. 64—
(1) Section 7 (4)—
Omit the subsection.
(2) Section 7 (5)—
Omit “or regulation” wherever occurring.
(3) Section 7 (5)—
Omit “made under this Act”.
Clean Air Act 1961 No, 69— Section 34 (5)—
Omit the subsection.
Closer Settlement Act 1904 No. 37—
Section 53 (3)—
Omit the subsection.
Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No. 45—
Sections 15 (1a), 32 (4)—
Omit the subsections.
Coal Industry Act 1946 No. 44
Section 61 (2)—
Omit the subsection.
Coal Mines Regulation Act 1982 No. 67—
(1) Section 23 (2)-(6)—
Omit the subsections, insert instead:
(2) Part 6 of the Interpretation Act 1987 applies to a rule made under this section in the same way as it applies to a statutory rule within the meaning of that Act.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | 32—con tinued |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE | INTERPRETATION ACT | \ 9 & 7 ~ co n tin u ed |
(2) Section 155 (3H8)—
Omit the subsections.
(3) Section 174 (9) (c)~
Omit the paragraph.
(4) Schedule 2, clause 3 (2) (d)—
Omit "or under section 30 of the Interpretation Act 1897”.
(5) Schedule 2, clause 3 (5)—
Omit “In addition to his powers under section 30 of the Interpretation Act
1897, the”, insert instead “The”.
Coal Mining Industry Long Service Leave Act 1950 No. 23—
Section 13 (4)—
Omit the subsection.
Cobar Water Supply Act 1963 No, 44—
Section 47—
Omit the section.
Colleges of Advanced Education Act 1975 No. 11—
(1) Section 7 (6)—
Omit the subsection.
(2) Section 23 (3) (b)—
Omit “for the purposes of section 41 (V) of the Interpretation Act, 1897,”. (3) Schedule 1, clause 13—
Omit the clause.
Commercial Agents and Private Inquiry Agents Act 1963 No. 4—
Section 44 (3)—
Omit the subsection.
Commercial Tribunal Act 1984 No. 98—
Section 38 (3), (4), (5)— Omit the subsections.
51 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 1987— con tinued
Commons Regulation Act 1898 No. IS—
Section 29 (2)—
Omit the subsection.
Community Justice Centres Act 1983 No. 127—
Schedule 4, clause ) 7— Omit the clause.
Community Welfare Act 1982 No. 76—
(1) Section 6 (3)—
Omit “Subject to section 30 (b) of the Interpretation Act. 1897, a”, insert instead “A”.
(2) Sections 184 (3), 214 (2), 310 (2>—
Omit the subsections.
(3) Seljedule 8, clause 25 (3), Schedule 9, clause 27 (3)—
Omit the subciauses.
Companies Act 1961 No. 71—
Section 385 (6)—
Omit the subsection.
Companies (Death Duties) Act 1901 No. 30—
Section 12—
Omit the following matter:
All such regulations shall—
(a) be published in the Gazette;
| (b) | lake effect from the date of publication or from a later date to be specified in the regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. |
If cither House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE Z l— contim ied
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — continued
Compensation Court Act 1984 No. 89—
Sections 44, 45, 46—
Omit the sections.
Constitution Act 1902 No. 32—
Section 14a (6>—
| Omit | 1897”, insert instead “ 1987”. |
Constitution Further Amendment (Referendum) Act 1930 No. 2—
Section 35 (4)—
Omit the subsection.
Construction Safety Act 1912 No, 38—
Section 22 (3), (5)—
Omit the subsections.
Consumer Protection Act 1969 No. 28—
(1) Section 39e (2)—
Omit the subsection, insert instead:
(2) Sections 39, 40 and 41 of the Interpretation Act 1987 apply to an order made under subsection (1) or (1a) in the same way as they apply to a statutory rule within the meaning of that Act.
(2) Section 59 (2)—
Omit the subsection.
Conveyancing Act 1919 No, 6—
Section 202 (7)—
Omit the subsection.
Co-operation Act 1923 (Act No. 1, 1924)—
Section 124 (2)—
Omit the subsection.
Coroners Act 1980 No. 27—
Schedule 3, clause 4— Omit the clause.
53 Act No. 48
Statute Law (Miscellaneous Provisions) ('No. I) 1987
SCHEDULE 'hl— com inued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — continued
Credit Union Act 1969 No. 8—
Section 103 (4)—
Omit the subsection.
Crimes Act 1900 No. 40—
(1) Section 4 (3)—
Omit “section 1 1a of the Interpretation Act, 1897” , insert instead “section 35 of the Interpretation Act 1987” .
(2) Section 560a (2)—
Omit the subsection.
Crown Lands Consolidation Act 1913 No. 1-—
Sections 37 (4), 37ff (7), (8), 37ii (8), 37bbb (2)—
Omit the subsections.
Dairy Industry Act 1979 No. 208—-
(1) Section 103 (3)—
| Omit the subsection, (2) Schedule 5, clause 1 | (2)— |
Omit the subclause.
Dangerous Goods Act 1975 No. 68—
Section 4 1 (3) (e)—
Omit the paragraph.
Decimal Currency Act 1965 No. 33—
Sections 7 (3), 8 (2>— Omit the subsections.
Dentists Act 1934 No. 10—
Section 13 (3)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 3 2 - con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9&7— continued
Disposal of Uncollected Goods Act 1966 No. 57—
Section 22 (3), (4)—
Omit the subsections.
District Court Act 1973 No. 9—
(1) Sections 162, 163, 164, 171a, 171b, 171c, 183—
Omit ihe sections,
(2) (a) Section 188(3)—
Omit “subsection (5)’’, insert instead “section 41 of the Interpretation Act
1987”.
| (b) | Section i8S (4)-(6)— Omit the subsections, insert instead: |
| (4) | Sections 39, 40 and 41 of the Interpretation Act 1987 apply to a |
proclamation under subsection (3) in the same way as they apply to a statutory
rule within the meaning of that Act,
Dividing Fences Act 1951 No. 8—
Section 23 (2)—
Omit the subsection.
Dog Act 1966 No. 2—
Section 27 (5)—
Omit the subsection.
Door-to-Door Sales Act 1967 No. 36—
Section 9 (3), (4)—
Omit the subsections.
Dormant Funds Act 1942 No. 25—
Section 19 (3)—
Omit the subsection.
Drainage Act 1939 No. 29—
Section 78 (2), (3)—
Omit the subsections.
55 Act No. 48
StaiUle Law {Miscil/aneotis Provisions) (No. 1) 1987
| SCHEDULE | continued |
MlSCri LANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT | — con tinued |
Dried Fruits Act 1939 No. 7—
(1) (a) Section 39 (3) (b)—
Omit “kind; ”, insert instead “kind; or”.
| (b) | Section 39 (3) (c)— Omit "body; or", insert instead “body.”. |
| (c) | Section 39 (3) (d)— Omit the paragraph. |
(2) Section 39 (4)—
Omit 'be subsection.
EducaPon Act 1961 No, 47—
Sections 20(3), 21 (2)—
Omit the subsections.
Education Commission Act 1980 No. 23—
(1) Section 41 (10)—
Omit “Section 40 of the Inteipretaiion Act, 1897, ”, insert instead “Section
49 of the Interpretation Act 1987”.
(2) Section 100 (2)—
Omit tlie subsection, Inseil instead:
(2) The Director-General of Education shall cause a copy of each regulation made under subsection (1) to be published in the Education Gazette as soon as practicable after it has been published in the Government Gazette under section 39 of the Interpretation Act 1987.
(3) Section 101 (2)—
Omit the subsection, insert instead:
(2) The Director-General of Technical and Further Education shall cause a copy of each regulation made under subsection (1) to be published in the Technical and Further Education Gazette as soon as practicable after it has been published in the Government Gazette under section 39 of the Interpretation Act 1987.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE - n — con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9 ^ 1 — continued
Election Funding Act 1981 No. 78—
Section 13 (3)—
Omit "Section 30 (b) of the Interpretation Act, 1897,”, insert instead "Section
47 (1) (b) of the Interpretation Act 1987".
Electricity Commission Act 1950 No. 2 2 -
Section 90 (1)—
Omit the subsection.
Electricity Development Act 1945 (Act No. 13, 1946)—
(!) Section 37 (2b) (aa)—
Omit the paragraph.
(2) Section 37 (6)—
Omit the subsection.
Electricity (Special Provisions) Act 1935 No. 42—
Section 85 (4)—
Omit the subsection.
Energy Authority Act 1976 No. 69—
(!) Section 6 (4)—
Omit "Notwithstanding anything in section 38 of the Interpretation Act 1897, the”, insert instead "The”.
(2) Section 32 (5)—
Omit the subsection,
(3) Section 37 (4)—
Omit the subsection, insert instead:
| (4) | Section 30 of the Interpretation Act 1987 applies to an order or direaion |
made or given under this Part in the same way as it applies to a statutory rule
within the meaning of that Act.
Environmental Planning and Assessment Act 1979 No. 203—
| ( I) Section 1 | 55—^ |
Omit "section 37 of the Interpretation Act, 1897", insert instead “section 26 of the Interpretation Act 1987”.
5 7 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE n~-contirtued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT | — continued |
(2) Schedule 3, clause 3— Omit “and section 30 of the Interpretation Act, 1897”,
Environmentally Hazardous Chemicals Act 1985 No. 14—
(1) Section 50 (2)—
Omit “section 27 (i) of the Interpretation Act, 1897”, insert instead “section
76 of the Interpretation Act 1987”.
(2) (a) Section 58 (3) (b)— Omit “or” where lastly occurring.
| (b) | Section 58 (3) (c)— Omit the paragraph. |
Factories, Shops and Industries Act 1962 No. 43—
(1) Section 5 (5)—
Omit the subsection, insert instead:
| (5) | Sections 39, 40 and 41 of the Interpretation Act 1987 apply to a |
proclamation made under this section in the same way as they apply to a
statutory rule within the meaning of that Act.
(2) (a) Section 144 (2) (d)—
Omit the paragraph.
| (b) | Section 144 (3)— Omit the subsection. |
Farm Water Supplies Act 1946 No. 22—
Section 18 (3)—
Omit the subsection.
Farrer Memorial Research Scholarship Fund Act 1930 No. 38—
Section 10(3)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. I) 1987
| SCHEDULE | S2-~corU inued |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OE THE INTERPRE7ATION ACT i m ^ c o f i t i n u e d
Fellowship of Congregational Chuiches (New South Wnles) Incorporation Act 1977 N<k
3 9 -
Section 4 (3)—
Omit “Without affecting the generality of section 38 of the Interpretation Act,
1897, but subject”, insert insread “Subject”.
Fertilizers Act 1985 No. 5—
(1) Section a j (2) (b>—
Omit “kind;” , insert instead “ kind; or”.
(2) Section 42 (2) (c)—
Omit “fterson; or”, insert instead “person,”.
(3) Section 42 (2) (d)—
Omit the paragraph.
Finance (Greyhoiind-raciitg Taxation; Management Act 193 i No. 57—
Section 19 (3)—
Omit the subsection.
Fines and Forfeited R e c o g n i z e A c t 1954 No. 25—
Section 19(2)—
Cniil the subsection.
Fire Brigades Act 1909 No. 9—
Sections 42 (2), 54 (3)— Omit the subsections.
Fish River Water Supply Administration Act 1945 No. 1 6 -
Section 19 (2)—
Omit the subsection.
Fisheries and Oyster Farms Act 1935 No. 58—
(1) Section 2—
Omit the .secli''n,
(2) Sections 4s (6). 12 i (4)—
Omit the substctions.
59 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
| SCHEDULE | 7 ,2~ con littued |
M[SCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — co n tin u ed |
Fluoridation of Public Water Supplies Act 1957 No. 58—
Section 1! (3)—
Omit the subsection.
Fofestry Act 1916 No. 55—
Section 42—
Omit me section.
Friendly Societies Act 1912 No. 46 —
Section i 18 (2)—
Onit the subsection.
Gaming and Betting Act I9I2 No, 2,5—
Section 59 <2)—
Omit the subsection.
General Traffic Act 1900 No. 8—
Section 17—
Omit the section.
Geographicai Names A c t 1966 No. 13—
Section 19(2)—
Omit the subsection.
Glen Davis Act 1939 No. 38—
Section 33 (3)—
Omit the subsection.
Government and Related Employees Appeal Tribunal Act 1980 No. 39—
Schedule 6, clause 2 (3)— Omit the subclause.
Government Guarantees Act 1934 No. 57—
Section 6 (2)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | d is c o n t in u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \ 9 V s w n t i n u e d
Government Insurance Act 1927 No. 18—
Section 12 (2)—
Omit the subsection.
Government Railways Act 1912 No. 30—
(1) Section 65 (1H3)— Omit the subsections, insert instead:
(1) A by-law made under this Act shall be submitted to the Governor for approval.
(2) Section 129—
Omit the following matter:
Such regulations shall be published in the Gazette, and shall take effect from the date of such publication or from a later date to be specified in such regulations.
Such regulations shall be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. But if either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof such regulation or pan shall thereupon cease to take effect.
Grain Handling Act 1954 No. 36—
Sections 7 (6), 57 (3)—
Omit the subsections.
Harness Racing Authority Act 1977 No. 57—
Section 28 (5)—
Omit the subsection.
6 1 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 'M— con iinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT | — continued |
Hay Irritjation Act 1902 No. 57—
(1) Section 28—
Omit the section, insert instead:
Saving of by-laws
28. Any by-law made or deemed to be made under this section, and in force immediately before the substitution of this section by the Statute Law {Miscellaneous Provisions) Act (No. 1) 1987, shall be deemed to be a regulation.
(2) (a) Section 29 (1)—
Omit “to this Act.”, insert instead:
to this Act and, in particular, for or with respect to—
| (a) | the administration and maintenance of the works constructed pursuant to this Act; |
(b) the conditions on which water shall be supplied;
| (c) | the mode of levying rates for the supply of any such water and the times and manner of their payment; |
| (d) | the charging of interest on a daily basis on overdue rates (whether or not the subject of a Judgment by a court) and the times and manner of its payment; and |
| (e) | authorising the Ministerial Corporation, if payment of rates relating to any land, or of any interest on the rates, is overdue, to withhold the Supply of water to the land without affecting the liability to pay the rates and interest, |
| (b) | Section 29 (2)— Omit the subsection, insert instead: |
(2) A regulation may create an offence punishable by a penalty not exceeding
$ 1,000.
Higher Education Act 1975 No. 47—
(1) Section 6 (3)—
Omit the subsection.
(2) Schedule 2, clause 10—
Omit the clause.
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE i 2 — con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — conlinued
Horticultural Stock aod Nurseries Act 1969 No. 3—
Section 23 (4)—
Omit the subsection.
Housing Act 1912 No. 7—
Section 23 (3)—
Omit the subsection.
Housing Indemnities Act 1962 No. 4—
Section ! I (2)—
Omit the subsection.
Hunter District Water, Sewerage and Drainage Act 1938 No. 11—
Sections 131, 133— Omit the sections.
Hunter Valley Conservation Trust Act 1950 No. 34—
Section 61 (4), (5)— Omit the subsections.
Hunter Valley Flood Mitigation Act 1956 No. 10—
Section 58 (2), (3)— Omit the subsections.
Indecent Articles and Classified Publications Act 1975 No. 32—
Section 28 (5)—
Omit the subsection.
Industrial Arbitration Act 1940 No. 2—
(1) Section 91 —
Omit excepting rules or regulations required or directed by this Act or the Interpretation Act, 1897, to be published in the Gazette”.
(2) Section 130 (2)—
Omit the subsection.
63 Act No. 4S
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — con tinued |
Inebriates Act J9I2 No. 24—
Section 28—
Omit the following matter;
All such regulations shall—
(a) be published in the Gazette;
| (b) | take effect from the date of publication or from a later date to be sped bed in the regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. |
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regulation or pan shall thereupon cease to have effect.
Infants’ Custody and Settlements Act 1899 No. 39—
Section 4 (4)~(6)—
Omit the subsections.
Insurance (Application of Laws) Act 1986 No. 13—
Section 3 (3)—
Omit “section 14a of the Interpretation Act 1897”, insert instead “section 31 of the Interpretation Act 1987” .
Irrigation Act 1912 No. 73—
Section 28 (2)—
Omit the subsection.
Judicial Officers Act 1986 No, 100—
Section 53 (5)—
Omit “ 1897” , insert instead "1987” .
Justices Act 1902 No. 2 7 - Section i 54 (2b)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. I) 1987
| SCHEDULE | ^ 2 ~ c o n tim te d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 19^,1— con tinued
Land and Environment Court Act 1979 No. 204—
Sections 75, 76, 77— Omit the sections.
Land Sales Act 1964 No. 12—
Section 29 (2)—
Omit the subsection.
Land Tax Management Act 1956 No. 26—
Sections 38 (2), 82 (2)— Omit the subsections.
Landlord and Tenant Act 1899 No. 18—
Section 2aa (3)—
Omit the subsection, insert instead;
| (3) | The Governor may make regulations for the purposes of subsection (1) |
(g)-
Landlord and Tenant (Amendment) Act 1948 No. 25—
Sections 96 (3), 97 (5)— Omit the subsections.
Law Foundation Act 1979 No. 32—
Section 6—
Omit “Without limiting the operation of section 38 (I) of the Interpretation
Act 1897, the”, insert instead “The”.
Law Reform (Miscellaneous Provisions) Act 1946 No. 33—
Section 4 (2)—
Omit the subsection.
Lay-by Sales Act 1943 No. 36—
Section 22 (4)—
Omit the subsection.
65 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE i l — continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT d i s c o n t i n u e d
Legal Practitioners Act 1898 No. 22—
(1) Section 6 (2)-(4)—
Omit the subsections, insert instead:
(2) Part 6 of the Interpretation Act 1987 applies to a rule made under this section in the same way as it applies to a statutory rule wilbin the meaning of that Act.
(2) Section 12a (4)-(8)—
Omit the subsections, insert instead;
| (4) | Pan 6 of the Interpretation Act 1987 applies to a rule made under this |
section in the same way as it applies to a statutory rule within the meaning of
that Act.
(3) Section 81a (2)-(6)—
Omit the subsections, insert instead:
(2) Part 6 of the Interpretation Act 1987 applies to a rule made under this section in the same way as it applies to a statutory rule within the meaning of that Act.
(4) Sections 86 (4), 87 (3)—
Omit the subsections.
Library Act 1939 No. 40— Sections 3 (3), 15 (5)—
Omit the subsections.
Limitation Act 1969 No, 31—
Section 77 (2), (3)—
Omit the subsections.
Liquefied Petroleum Gas Act 1961 No. 3—
Section 7 (3), (4)—
Omit the subsections.
Listening Devices Act 1984 No, 69—
(1) Section 31 (2)—
Omit “section 41 of the Interpretation Act, 1897” where firstly occurring, insert instead “section 39 of the Interpretation Act 1987",
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ’h l — coM inued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9% l— con iinued
(2) Section 31 (2)—
Omit “section 41 of the Interpretation Act, 1897,” where secondly occurring, insert instead “section 41 of the Interpretation Act 1987”.
(3) Section 31 (3)—
Omit “section 41 of the Interpretation Act, 1897,” insert instead “section 39 of the Interpretation Act 1987”,
Local Courts (Civil Claims) Act 1970 No. 11—
Section 3—
Omit the section.
Local Government Act 1919 No. 41—
(1) Section 8 (I), (3)—
Omit the subsections. (2) Section 277 (2) (e)—
Omit the paragraph.
(3) Section 319 (2)—
Omit the subsection.
(4) Section 407a—
Omit the section.
Local Government and Other Authorities (Superannuation) Act 1927 No. 35—
Section 20 (3)—
Omit the subsection.
Long Service Leave Act 1955 No. 38—
Section 15 (3)—
Omit the subsection.
Long Service Leave (Metalliferous Mining Industrt ) Act 1963 No. 48—
Section 15 (3)—
Omit the subsection.
67 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — con tinued |
Lord Howe Island Act 1953 No. 39—
Section 3S (6)—
Omit the subsection.
Lotteries and Art Unions Act 1901 No. 34—
Section 23 (3)—
Omit the subsection,
Macquarie University Act 1964 No. 29—
Section 23 (4)—
Omit the subsection.
Maintenance Act 1964 No. 74—
Section ! 20 (3)—
Omit the subsection
Maritime Services Act 1935 No. 47—
(1) Section 3b (4)—
Omit the subsection.
(2) Section 5 (2) (d)—
Omit nor shali this section or any other section in this Pan limit any saving in the Interpretation Act, 1897”.
(3) Section 38 (5)—
Omit the subsection.
(4) Schedule 6, clause 3 (9)—
Omit the subclause
Meat Industry Act 1978 No. 54—
Section 6—
Omit "section I4a of the Interpretation Act, 1897,” , insert instead “section
31 of the Interpretation Act 1987” .
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ' n — continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — continued
Medical Practitioners Act 1938 No. 37—
(1) Section 3 (4)—
Omit “section 21 (I) of the Interpretation Act, 1897”, insert instead "section
76 of the Interpretation Act 1987".
(2) Section 53 (5)—
Omit the subsection.
Mental Defectives (Convicted Persons) Act 1939 No. 19—
Section 11 (2)—
Omit the subsection.
Mental Health Act 1958 No. 45—
Section 112(2)—
Omit the subsection.
Metropolitan Water, Sewerage, and Drainage Act 1924 No. 50—
(1) Section 6 (7)—
Omit “or in the Interpretation Act, 1897”.
(2) Sections 128, 130—
Omit the sections.
Mine Subsidence Compensation Act 1961 No. 22—
Section 18 (2)—
Omit the subsection.
Mines Inspection Act ISWl No. 75—
Sections 48 (3), 56 (2), (2b), 58 (!b)—
Omit the subsections.
Mines Rescue Act 1925 No. 3—
Section 26 (2)—
Omit the subsection.
69 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 19Z7— Continued
Mining Act 1973 No. 42—
Section 197{3)-(5)—
Omit the subsections.
Minors (Property and Contracts) Act 1970 No. 00—
Section 51 (3)-{5)— Omit the subsections.
Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1982 No. 88—
Schedule 2, clause 5— Omit the clause.
Monopolies Act 1923 No. 54—
Section 20 (3), (4)—
Omit the subsections.
Motor Traffic Act 1909 No. 5—
Section 13—
Omit the section. Motor Vehicle Driving Instructors Act 1961 No. 60—
Section 14 (5)—
Omit the subsection.
Motor Vehicle Repairs Act 1989 No. 71—
Section 82 (1) (a)—
Omit “section 38 (II) of the Interpretation Act, 1897”, insert instead “section
51 (2) of the Interpretation Act 1987".
Motor Vehicles Taxation Management Act 1949 No. 34—
Section 20 (4)—
Omit the subsection.
Motor Vehicles (Third Party Insurance) Act 1942 No. 15—
Section 46—
Omit the section.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE Z l— con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION aCT | [9 M -~ c o n itn u e d |
Museum of Applied Arts and Sciences Act 1945 No. 31—
Section 18 (2)—
Omit the subsection.
National Parks and Wildlife Act 1974 No. 80—
(1) Sections 33 (7>, 35 (5), 47b (5), 47n (4>—
Omit the subsections.
(2) (a) Section 155 (2a) (a)—
Omit “and" where lastly occurring.
| (b) | Section 155 (2a) (b)— |
Omit the paragraph.
(3) Schedule 3, clause 19—
Omit the clause,
(4 ) Schedule 9a , clause 14 (6 )—
Omit "Section 38 (I) (paragraph (b) excepted) and section 38 (III) of the Interpretation Act, 1897,”, insert instead "Section 50 (1) (paragraph (b) ex&jpted) and (3) of the Interpretation Act !987".
Navigation Act 1901 No. 60—
(1) Section 127 (3)—
Omit ", when published in the Gazette, and while in force,",
(2) Section 167—
Omit the section.
New South Wales Government Engineering and Shipbuilding Undertaking Act 1943 No,
1 9 -
Section 14 (3), (4)—
Omit the subsections.
New South Wales Institute of Psychiatry .Act 1964 No. 44—
Section 24 (4)—
Omit the subsection.
71 Act No. 48
Slatule Law (Misceliey.sous Provisions) (No. 1) I9S7
| SCHEDULE | n -~ c o n tn .u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9%1— continued
New South WaIes-0-.ieensIaind Bordt^r Rivers Aci 1947 No. 10—
Section 22 (2;, (3)—
Omit the subsections.
New South Wales State Cancer Council A( t 1955 No. 25—
Section 19 (4)—
Omit the subsection.
New South Wales State Conservatonum of Music Act 1965 No. 5—
Section 16 (7)—
Omit I'ie sjbS'.'Ciio'’.
Nptificat 'on of Births Act 1915 No. 4—
Section 4—
Omit the following matter; Si.tch regulations shall— O; be published in the Gazette;
| (b) | take effect from the date of publication or from a laier date to be specified in the regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication ;f Parliament is in session, and if not, then within fourteen sit line days after the commencement of the next session. |
If eilb ;i House of Parliament passes a resolution of which notice has bc.*i riven ji any time within fifteen sitting days aPer the regulations nave been laid before such House disallowing any regulation or part thereof such regulation or'part shall thereupon cease to have effect.
Noxious Insects Act 1934 Nn, 22—
Section 12 (2)—
Omit the subsection.
Noxious Trades Act 1902 No. 82 —
Section U- (3)—
OmA ‘he subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m 7 ~ c o n l i n u e d
Nurses Registration Act 1953 No. 10—
Section 35 (2)—
Omit the subsection.
Optical Dispensers Act 1963 No. 35—
Section 35 (2)—
Omit the subsection.
Optometrists Act 1930 No. 2 0 -
Section 31 —
Omit the section.
Parliamentary Contributory Superannuation Act 1971 No. 53—
Section 14(4)—
Omit "section 38 (subsection (2) excepted) of the Interpretation Act, 1897,”, insert instead “section 50 (subsection (2) excepted) of the Interpretation Act 1987".
Parliamentary Electorates and Elections Act 1912 No, 41—
Sections 55 (3), 176 (U)—
Omit the subsections.
Pastures Protection Act 1934 No. 35—
Section 171 (3)—
Omit the subsection.
Pawnbrokers Act 1902 No. 66—
Section 46 (5)—
Omit the subsection.
Permanent Building Societies Act 1967 No. 18—
Section 119 (4)—
Omit the subsection.
73 Act No. 48
Siaiute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULR 22— coniinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9 S 7 — conlinued
Pesticides and Allied Chemicals Act 1978 No. 57—
(1) Section 5 (6)—
Omit “section 27 (I) of the Interpretation Act 1897”, insert instead “section
76 of the Interpretation Act 1987”.
(2) Section 73 (2) (c)—
Omit the paragraph.
Petroleum Act 1955 No. 28—
Section 86 (3), (4)—
Omit the subsections.
Petroleum Products Subsidy Act 1965 No, 1—
Section 19 (3)—
Omit the subsection.
Pharmacy Act 1964 No, 48—
Section 38 (3), (4)—
Omit the subsections.
Physiotherapists Registration Act 1945 No. 9—
Section 33 (2)—
Omit the subsection.
Pipelines Act 1967 No, 90—
Section 69 (4)—
Omit the subsection.
Plant Diseases Act 1924 No, 38—
(1) (a) Section 5a {!)—
Omit “published in the Gazette".
| (b) | Section 5a (2)— Omit “published”, insert instead “made". |
| (c) | Section 5a (2) (b)— Omit “order/’, insert instead “order, and”, |
709t0-21608—22
Statute Law (Miscellaneous Provisions) (No. J) 1987
| SCHEDULE | 'il-~ co n U n u ed |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OE THE INTERPRETATION ACT | — con tinued |
| (d) | Section 5a (2) (c)— Omii '‘coverings; and", insert instead “coverings.”. |
| (e) | Section 5a (2) (d)— Omit the paragraph. |
(0 Section 5a {3)-— After section 5a (2), insert:
(3) Sections 39, 40 and 41 of the Interpretation Act 1987 apply to an order made under subsection (1) in the same way as they apply to a statutory rule within the meaning of that Act.
(2) Section 28 (3)—
Omit the subsection.
Plumbers, Casfitters and Drainers Act 1979 No, 44—
(1) Section 57 {2>—
Omit “section 38 of the Interpretation Act, 1897,’’, insert instead “section 50 of the Interpretation Act 1987”.
(2) Section 66 (I) (a)—
Omit "section 38 (II) of the Interpretation Act, 1897", insert instead “section
50 (2) of the Interpretation Act 1987".
Poisons Act 1966 No, 31—
Section 46—
Omit the section, insert instead:
Publication, commencement and disallowance of publications and orders
46. Sections 39, 40 and 41 of the Interpretation Act 1987 apply to—
(a) a proclamation made under section 8; and
(b) an order made under section 37,
in the same way as they apply to a statutory rule within the meaning of that
Act,
Police Regulation Act 1899 No. 20—
(1) Section 6 e (5)—
Omit the subsection.
75 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | ^ 1 -^ c o n tm u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATtON ACT \9%1— coniim icd
(2) Seciion 12 (2)—
Omit the subsection.
| (3) Section 1 | 8 (c) (ii)— |
Omit “section 30 of the Interpretation Act, 1897”. insert instead “section 47 of the Interpretation Act 1987”.
Police Regulation (Superannuation) Act 1906 No. 28-—
Section 24 (4)—
Omit the subsection.
Potato Growers Licensing Act 1940 No. 13—
Seciion 9 (3)—
Omit the subsection.
Poultry Processing Act 1969 No, 45—
(1) Section 16 (3) (b)—
Omit “kind;”, insert instead “kind; or”.
(2) Seciion 16 (3) (c)—
Omit “regulation; or”, insert instead “regulation,”.
(3) Section 16 (3) (d)—
Omit the paragraph.
(4) Section 16 (4)—
Omit the subsection.
Prevention of Oil Pollution of Navigable Waters Act 1960 No. 48—
Section 14 (3)—
Omit the subsection.
Prices Regulation Act 1948 No. 26—
Section 60 (2)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 12— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT [9^1— con tinued
Prickly-pear Act 1924 No. 31—
Seciion 34 (3)—
Omii the subsection.
Prisons Act 1952 No. 9— Seciion 50 (3)—
Omit the subsection.
Privacy Conunittec Act 1975 No. 37—-
Seciion 5 (6)—
Omit “seciion 39 of the Interpretation Act, 1897”, insert instead “section 52 of the Interpretation Act 1987”.
Private Hospitals Act 1908 No. 14—
Seciion 18 (5)—
Omit the subsection.
Public Accountants Registration Act 1945 No. 18—
Section 35 (4)—
Omit the subsection.
Public Health Act 1902 No. 30—
Section 103—
Omit the section.
Public Health (Amendment) Act 1937 No. 1—^
Section 12—
Omit the section, insert instead:
Commencement, tabling and disallowance of proclamations
12. Sections 39, 40 and 41 of the Interpretation Act 1987 apply to a proclamation made under this Act in the same way as they apply to a statutory rule within the meaning of that Act,
Public Hospitals Act 1929 No. 8—
Section 42 (2).—
Omit the subsection.
77 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ^ 2 — con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9 S 1 — continued
Public Instruction Act 1880 (43 Vic. No. 23)—
Section 37 (2)—
Omit the subsection.
Public Roads Act 1902 No. 95—
Section 36 (3)—
Omit the subsection.
Public Service Act 1979 No. 89—
Section 48 (! 1)—
Omit “Section 40 of the Interpretation Act 1897”, insert instead “Section 49 of the Interpretation Act 1987”.
Public Trustee Act 1913 No. 19—
Section 59 (2)—
Omit the subsection.
Public Works Act 1912 No. 4 5 -
Section 5—
Omit the following matter: Such regulations shall— (a) be published in the Gazette;
| (b) | take effect from the date of publication or from a later date to be specified in the regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. |
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House, disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
Pure Food Act 1908 No. 31—
(1) Section 54 (5)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | ' i l — con tinued |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT i 9 S l — continued
(2) Section 55—
Omit the section.
Radioactive Substances Act 1957 No, 5—
Section 18 (3)—
Omit the subsection.
Real Property Act 1900 No. 25—
Section 144 (3)—
Omii the subsection.
Recreation Vehicles Act 1983 No, 136—
(1) Section 6 (4)—
Omit the subsection.
(2) (a) Section 44 (3) {d>—
Omit "conditions;”, insert instead “conditions; or”.
| (b) | Section 44 (3) (e)— Omit "area; or", insert instead "area,”. |
| (c) | Section 44 (3) (0— Omit the paragraph. |
Registration of Births, Deaths and Marriages Act 1973 No. 87—
(1) Section 5 (5)—
Omit the subsection.
(2) Schedule 3. clause 6 (3)—
Omit “seciion 41 (1) (b) of the Interpretation Act, 1897", insert instead “section
39 (1) (b) of the Interpretation Act 1987”,
Registration of Stock Brands Act 1921 No, 14—
| Seciion 1 | 3 (3)— |
Omit the subsection.
79 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE ^ 2 — con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT \ | con tinued |
Reprints Act 1972 No. 48—
Section 11 (2)—
Omit the subsection.
Returned Soldiers Settlement Act 1916 No. 21—
Section 6 (2)—
Omit the subsection.
Rivers and Foreshores Improvement Act 1948 No. 20—
Section 25 (4>—
Omit the subsection.
Road Obstructions (Special Provisions) Act 1979 No. 9—
Section 10 (3)—
Omit “section 41 of the Interpretation Act, 1897”, insert instead “section 39 of the Interpretation Act 1987".
Rural Assistance Act 1932 No. 33—
Sections 7d (11), 41 (3)—
Omit the subsections.
Rural Workers Accommodation Act 1969 No. 34—
Section 18 (3), (4)—
Omit the subsections.
School Forest Areas Act 1936 No. 20-—
Section 23 (5), (6)—
Omit the subsections.
Second'hand Dealers and Collectors Act 1996 No. 30—
Section 24—
Omit the following matter:
AU such regulations shall—
(a) be published in the Gazette;
| (b) | take effect from the date of such publication or from a later date to be specihed in the regulations; |
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 3 2 — con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9 8 1 — continued
| (c) | be laid before both Houses of Parliament within fourteen sitting days if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. |
If either House of Parliament passes a resolution of which notice has been given at any time within hftccn sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part thereof shall thereupon cease to have effect.
Seeds Act 1982 No. 14—
(t) Section 31 (2Hc)—
Omit “person;”, insert instead “person; or”.
(2) Seciion 3! {2){d)—
Omit the paragraph.
Snowy Mountains Hydro-electric Agreements Act 1958 No. 20-
Section 15 (2)—
Omit the subsection.
Soil Conservation Act 1938 No. 10—
Section 36—
Omit the section. South-west Tablelands Water Supply Administration Act 1941 No. 36—
Section 20(2), (3)—
Omit the subsections.
Sporting Injuries Insurance Act 1978 No. 141—
Section 30 (3)—
Omit “section 41 (I) (b) of the interpretation Act, 1897", insert instead
“section 39 (1) (b) of the Interpretation Act 1987",
Stamp Duties Act 1920 No. 47-—
(1) Section 9 (2)—
Omit the subsection.
(2) Section 9 (3)—
Omit “the Interpretation Act 1897 or".
81 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32—continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m i— | continued |
Standard Time Act I97J No. 38—
Section 6—
Omit the section, insert instead;
Saving
| 6. made under this Act shall be deemed to effect an amendment of this Act. | For the purposes of section 30 of the Interpretation Act 1987, an order |
State Bank Act 1981 No, 89— Section 5 (3)—
Omit the subsection, insert instead:
| (3) | Section 50 (2) of the Interpretation Act 1987 does not apply to the Bank. |
State Brickworks Act 1946 No. 16~~
Section I I (3), (4)—
Omit the subsections.
State Coal Mines Act 1912 No. 70—
Section 22 (2)—
Omit the subsection.
State Development and Industries Assistance Act 1966 No. 10—
Section 35 (2)—
Omit the subsection.
State Lotteries Act 1930 No. 51—
Section 9 (4)—
Omit the subsection.
State Tileworks Act 1947 No. 29— Section 11 (3), (4)—
Omit the subsections.
State Transport (Co-ordination) Act 1931 No. 32—
Section 48 (2)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) J987
| SCHEDULE | 3 2 -^c a n tin u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT i9 8 1 — con tinued
Statutory and Other Offices Remuneration Act 1975 (Act No. 4, 1976)—
Sections 19, 19a—
Omit section 19, insert instead:
Report to be tabled
19. (1) The report of a determination shall—
| (a) | be published in the Gazette as soon as practicable after the report is received by the Minister, and |
| (b) | be laid before each House of Parliament within 14 sitting days of that House after the day on which it is so published. |
(2) Failure to lay a report before each House of Parliament in accordance with this section does not affect the validity of a determination, but the report must nevertheless be laid before each House.
Disallowance of determinations
19a. (1) Either House of Parliament may pass a resolution disallowing a determination—
(a) at any time before the relevant report is laid before the House; or
| (b) | at any time after the relevant report is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant report was so laid. |
(2) On the passing of a resolution disallowing a determination—
| (a) | in the case of a determination under section 13 or 15a—the determination shall have effect as if it were a determination that remuneration payable to office holders shall be of the same classes or kinds, and at the same rates, as those payable immediately before the determination came or comes into force, as the case requires; or |
| (b) | in the case of a determination under seciion 14 or 15—the determination shall thereupon cease to have effect, |
(3) Nothing in subsection (2) affects any remuneration paid or payable in respect of any period before the date of the resolution referred to in that subsection.
Stock (Artificial Insemination) Act 1948 No, 11—
| Section 11 | (2)—■ |
Omit the subsection.
83 Act No. 48
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — con tinued |
Stock Diseases Act 1923 No. 3 4 -
Sections 2 (6), 5 (8a), 23 (2)—
Omit the subsections.
Stock Foods and Medicines Act 1940 No. 19—
Sections 12 (9), 35 (3a), (4)—
Omit the subsections.
Strata Titles Act 1973 No. 68—
(1) Section 56—
Omit the section, insert instead:
Certain provisions of Interpretation Act 1987 not to apply to bodies corporate
56. Section 50 (1) (d), (2) and (3) of the Interpretation Act 1987 do not apply to a body corporate.
(2) Section 160(2)—
Omit the subsection.
(3) Schedule 4. clause 34 (3)—
Omit the subclause, insert instead:
(3) Section 39 (1) (b) of the Interpretation Act 1987 does not apply to a regulation made under this clause.
Strata Titles (Leasehold) Act 1986 No. 219—
Section 85—
Omit the section, insert instead:
Certain provisions of Interpretation Act 1987 not to apply to bodies corporate
85. Section 50 (1) (d), (2) and (3) of the Interpretation Act 1987 do not apply to a body corporate.
Suitors' Fund Act 1951 No. 3—
Section 7(3)̂ —
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. I) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT | con tinued |
Superannuation Act 1916 No. 28—
(1) Section 70 {5}—
Omit the subsection,
(2) Section 86 (3)—
Omit the subsection.
Supreme Court Act 1970 No. 52—
(1) Sections 20, 125, 127 and 128—
Omit the sections.
(2) (a) Section 24 (7)—
Omit "subsection (9)", insert instead “section 41 of the Interpretation Act
1987”.
| (b) | Section 24 (8W10)— Omit the subsections, insert instead: |
(8) Sections 39, 40 and 41 of the Interpretation Act 1987 apply to a proclamation under subsection (7) in the same way as they apply to a statutory rule within the meaning of that Act.
Surrey Co-ordination Act 1949 No, 27—
Seciion 22 (3). (4)— Omit the subsections.
Surveyors Act 1929 No. 3—
Section 23 (4)—
Omit the subsection.
Swine Compensation Act 1928 No, 36—
Section 18(2)—
Omit the subsection.
Sydney Cove Redevelopment Authority Act 1968 No. 56—
Section 46 (4), (5)—
Omit the subsections.
85 Act No. 48
Statute Law (Miscellaneous Provisions) (No. }) 1987
SCHEDULE M ^ c o n tm u e d
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \9%1 ̂ c o n t in u e d
Sydney Harbour Bridge (Administration) Act 1932 No. 2—
Section 13 (4)—
Omit the subsection.
Sydney Harbour Trust Act 1900 (Act No, 1, 1901)—
Section 81 —
Omit the section, insert instead:
Regulatic.ns to be approved by Governor
81. A regulation made under this Act shall be submitted to the Governor for approval,
Sydney Market Authority Act 1968 No. 11—
Section 35 (3)—
Omit the subsection,
Sydney Opera House Trust Act 1961 No, 9—
Section 2- (4)—
Omit the subsection.
Sydney Turf Ctub Act 1943 No, 22—
Section 32 (3)—
Omit the subsection.
Technical Education Trust Funds Act 1967 No. 95—
Section 14 (5), (6)— Omit the subsections, insert instead:
| (5) | A by-law made under this Act shall be submitted to the Governor for |
approval.
Textile Products Labelling Act 1954 No, 26—
Section 10 (3)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 32— con tinued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT 1987— con tinued
The National Trust of Australia (New South Wales) Act 1960 No. 10—
Section 16 (4), (5)—
Omit the subsections, insert instead:
| (4) | A by-law made by the Council shall be sealed with the common seal of |
the National Trust and shall be submitted to the Governor for approval.
Theatres and Public Halls Act 1908 No. 13—
(1) Section 31 (4)—
Omit the subsection.
(2) Section 32—
Omit the seciion.
Therapeutic Goods and Cosmetics Act 1972 No. 14—
(1) Seciion 23—
Omit the section,
(21 Part IX—
Omit the Part.
Tobacco Leaf Stabilization Act 1967 No, 34—
Section 28 (4)—
Omit the subsection.
Totalizator Act 1916 No, 75—
Section 20 (3)—
Omit the subsection.
Totalizator (Off-course Betting) Act 1964 No. 1—
Seciion 21 (4)—
Omit the subsection.
Tow-truck Act 1967 No. 4 6 ~
Section 21 (5)—
Omit the subsection.
| g7 | Act No. 48 |
Statute Law (Miscellaneous Provisions) (No. }) 1987
SCHEDULE 32— continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — continued
Trade Union Act 1881 (45 Vic, No. 12)—
Section 32 (3)—
Omit the subsection.
Traffic Safety (Lights and Hoardings) Act 1951 No, 7—
Seciion 7 (5)—
Omit the subsection.
Transferred Officers Extended Leave Act 1961 No. 13—
Section 6 (4)—
Omit the subsection.
Transport Act 1930 No. 18—
Section 262 (2), (8)— Omit the subsections.
Transport Authorities Act 1980 No. 103—
Section 47 (2)—
Omit the subsection.
Transport Employees Retirement Benefits Act 1967 No, 96—
Section 53 (2), (3)—
Omit the subsections.
Travel Agents Act 1986 No. 5—
Schedule 2, clause 2— Omit the clause.
Treasury Corporation Act 1983 No, 75—
Section 4 (4)—
Omit “Section 38 (I) (b) and (II) of the Interpretation Act, 1897,”, insert instead “Section 50 (1) (b) and (2) of the Interpretation Act 1987”.
Trustee Act 1925 No. 14— (1) Section 4—
Omit the section.
Statute Law (Miscellaneous Provisions) (No. 1) 1987
| SCHEDULE | i2 ~ c o n t in u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT m i — continued
(2) Section 104a (2)—
Omit the subsection.
Trustee Companies Act 1964 No, 6—
(1) Section 2 (5)—
Omit the subsection.
(2) Section 37 (3)—
Omit the subsection.
Uniting Church in Australia Act 1977 No, 47—
Section 13 (1)—
Omit “Without affecting the generality of section 38 of the Interpretation Act,
1897, but subject’’, insert instead “Subject”.
University and University Colleges Act 1900 No. 22—
Sections 15 (5), 46 (4)— Omit the subsections.
University of New England Act 1953 No. 34—
Section 25 (4)—
Omit the subsection.
University of New South Wales Act 1968 No. 37—
Sections 22 (5), 32 (2)— Omit the subsections.
University of Newcastle Act 1964 No. 72—
Section 24 (3)—
Omit the subsection.
University of Wollongong Act 1972 No. 72—
Section 28 (2) (c)— Omit the paragraph, insert instead:
| (c) | shall be deemed not to be a statutory rule for the purposes of section | |
|
89 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE n — continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT \ | — con tinued |
Valuation of Land Act 1916 No. 2—
Section 81 (2)-—
Omit the subsection.
Venereal Diseases Act 1918 No. 46—
Section 33 (3)—
Omit the subsection.
Voluntary Workers (Soldiers’ Holdings) Act 19J-T No. 25—
Section 10 (2)—
Omit the subsection.
War Service Land Settlement Act 1941 No. 43—
Section 9 (3)—
Omit the subsection.
Warehousemen’s Liens Act 1935 No, 19—
Section 1 I (2), (3)—
Omit the subsections.
Water Act 1912 No. 44—
Sections 27 (2), 74 (2), 75 (2), 129 (2), 149 (3), 164 (4)—
Omit the subsections.
Weights and Measures Act 1915 No. 10—
Section 58—
Omit the section.
Wellington Show Ground Act 1929 No, 54—
Section 9 (3), (4)—
Omit section 9 (3), insert instead:
(3) Any such by-law shall be submitted to the Governor for approval.
(4) The trustees shall cause a copy of any such by-law applicable to any of the lands held by the trustees to be posted in some conspicuous place on that land.
Statute Law (Miscellaneous Provisions) (No. J) 1987
| SCHEDULE | ^ l .~ c o n tin u e d |
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
OF THE INTERPRETATION ACT \ 9%1 ̂ c o n t in u e d
Wentworth Irrigation Act 1890 (54 Vic. No. 7)—
(1) Section 32—
Omit the seciion. insert instead:
Saving of by-laws
32. Any by-law made under this section, and in force immediately before the substitution of this section by the Statute Law (Miscellaneous Provisions) Act (No, 1) 1987, shall be deemed to be a regulation,
(2) (a) Seciion 33 (1)—
Omit “for or with respect to the form of lease to be used under this Act.”, insert instead:
for or with respect to—
(a) the form of lease to be used under this Act;
| (b) | the administration and maintenance of the works constructed pursuant to this Act; |
| (c) | the manner of fixing the charges for water supplied and the times and manner of their payment, and the conditions on which the water shall be supplied; |
| (d) | the times and manner of payment of the rate fixed by the Ministerial Corporation; |
| (c) | the charging of interest on a daily basis on overdue rates and charges (whether or not the subject of a judgment by a court) and the times and manner of its payment; and |
(0 authorising the Ministerial Corporation, if payment of rates or charges relating to any land, or of any interest on the rates or charges, is overdue, to withhold the supply of water to the land without affecting the liability to pay the rates, charges or interest.
| (b) | Seciion 33 (2)— Omit the subsection, insert instead: |
(2) A regulation may create an offence punishable by a penalty not exceeding
$ 1,000,
Western Lands Act 1901 No. 70—
Seciion 36 (2)—
Omit the subsection.
91 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE M — continued
MISCELLANEOUS AMENDMENTS CONSEQUENT UPON THE ENACTMENT
| OF THE INTERPRETATION ACT m | i — con tinued |
Wild Dog Destruction Act 1921 No. 17—
Section 31 (2)—
Omit the subsection.
Wills, Probate and Administration Act 1898 No. 13—
Section 153 (2)—
Omit the subsection.
Wine Grape Processing Industry Act 1979 No. 87—
Schedule 3, clause 2 (3)—
Omit “Subject to section 30 (b) of the Interpretation Act. 1897, an", insert instead “An”.
Women’s College Act 1902 No. 71—
(1) Section 4 (4)—
Omit the subsection.
(2) Section 16 (2)—
Omit the subsection, insert instead;
(2) A by-law shall be sealed with the seal of the Council and shall be submitted to the Governor for approval.
Wool, Hide and Skin Dealers Act 1935 No. 40—
Section 14 (2)—
Omit the subsection.
Workers’ Compensation (Brucellosis) Act 1979 No. 116—
(1) Section 39 (1)—
Omit the subsection.
(2) Section 39 (2)—
Omit “Without limiting the generality of section 8 of the Interpretation Act
1897, any”, insert instead “Any”,
Workers’ Compensation (Dust Diseases) Act 1942 No. 1 4 -
Section 10 (4)—
Omit the subsection.
Statute Law (Miscellaneous Provisions) (No. J) 1987
SCHEDULE 32— continued
| m iscellaneous | am en d m en ts | co n seq u en t | u po n | t h e | en a ctm ent |
| OF THE in ter pr eta tio n ACT | 1981— continued |
Workmen’s Compensation (Lead Poisoning—Broken Hill) Act 1922 No, 31—
Section 15 (3)—
Omit the subsection.
Youth and Community Services Act 1973 No. 90̂ —
Seciion 25 (8)—
Omit the subsection.
Zoological Parks Board Act 1973 No. 34—
Section 16 (2)—
Omit “seciion 38 (I) of the Interpretation Act, 1897”, insert instead “section
50 of the Interpretation Act 1987”.
SCHEDULE 33
(Sec. 4)
REPEALS
Housing Indemnities (Co-operation) Amendment Act 1981 No. 7
Closer Settlement (Land Aggregation Tax) Amendment Act 1981 No. 40
Public Hospitals (Amendment) Act 1982 No. 103
Crimes (Domestic Violence) Amendment Act 1982 No, 116
Statutory and Other Offices Remuneration (Housing Commission) Amendment Act 1982 No. 120
Miscellaneous Acts (Anti-Discrimination) Amendment Act 1982 No. 143
Defamation (Farm Produce) Amendment Act 1983 No. 31
Noise Control (Licences and Approvals) Amendment Act 1983 No. 92
Clean Air (Licences and Approvals) Amendment Act 1983 No. 94
Public Service (Public Authorities Superannuation Board) Amendment .Act 1983 No. 107
Co-operation (Amendment) Act 1983 No. 120
Justices (Community Justice Centres) Amendment Act 1983 No. 128
93 Act No- 48
Statute Law (Miscellaneous Provisions) (No. 1) 19S7
| SCHEDULE n | — con tinued |
REPEALS-— con tinued
Crimes (Further Amendment) Act )983 No, 131
Prisons (Amendment) Act 1983 No. 132
Public Service (Dairy Corporation) Amendment Act 1983 No. 157
Industrial Arbitration (Contracts of Carriage) Amendment Act 1983 No. 168
Crimes (Endangered Fauna) Amendment Act 1983 No. 184
Defamation (Probation and Parole) Amendment Act 1983 No. 196
Periodic Detention of Prisoners (Probation and Parole) Amendment Act 1983 No. 197
Defamation (Racing Appeals Tribunal) Amendment Act 1983 No. 200
Crimes (Amendment) Act 1984 No. 7
Crimes (Registration of Instruments) Amendment Act 1984 No. 22
Government Insurance (Amendment) Act 1984 No. 37
Courts of Petty Sessions (Civil Claims) (Solicitors’ Remuneration) Amendment Act 1984
No. 56
Commissioner of Public Complaints Act 1984 No. 76
Defamation (Commissioner of Public Complaints) Amendment Act 1984 No. 78
Police Board (Promotions) Amendment Act 1984 No. 80
Health Administration (Medical Services Committee) Amendment Act 1984 No. 109
Defamation (Law Reform Commission) Amendment Act 1984 No. 118
Royal Botanic Gardens and Domain Trust (Amendment) Act 1985 No. 3
Crimes (Amendment) Act 1985 No. 9 Liquor (Amendment) Act 1985 No. 12 Trade Union (Amendment) Act 1985 No. 19
Crimes (Powers of Arrest) Amendment Act 1985 No. 27
Apprenticeship (Amendment) Act 1985 No. 30
Racing Appeals Tribunal (Amendment) Act 1985 No. 35
Public Finance and Audit (State Public Service Superannuation Board) Amendment Act
1985 No. 48
Builders Licensing (Amendment) Act 1985 No. 56
Crimes (Death Penalty Abolition) Amendment Act 1985 No. 58
Statute Law (Miscellaneous Provisions) (No. ]) 1987
| SCHEDULE | ^ l — co m in u ed |
REPEALS— continued
Human Tissue (Amendment) Act 1985 No. 61
Associations Incorporation (Amendment) Act 1985 No, 75
Public Hospitals (Amendment) Act 1985 No. 83
Wills, Probate and Administration (Trustee Companies) Amendment Act 1985 No. 90
Compensation Court (Amendment) Act 1985 No. 92
Public Finance and Audit (Amendment) Act 1985 No. 97
Justices (Motor Dealers) Amendment Act 1985 No. 106
Justices (Sydney Market Authority) Amendment Act 1985 No. 136
Public Finance and Audit (Sydney Market Authority) Amendment Act 1985 No. 137
Public Finance and Audit (Further Amendment) Act 1985 No. 159
Fisheries and Oyster Farms (Noxious Fish) Amendment Act 1985 No. 160
Housing (Amendment) Act 1985 No. 164
Public Finance and Audit (Housing) Amendment Act 1985 No. 167
Crimes (Summary Procedure) Amendment Act 1985 No. 208
Business Franchise Licences (Petroleum Products) (Administration) Amendment Act 1985 No. 220
SCHEDULE 34
(Sec. 5)
SAVINGS. TRANSITIONAL AND OTHER PROVISIONS
Savings relating to repealed enactments
1. The repeal by this Act of any enactment does not affect—
(a) the proof of any past act or thing;
(b) the continuity, or status as a legal entity, of any body;
| (c) | any duty, obligation, liability, beneht, privilege or right saved by the operation of the enactment; or |
(d) any amendment or validation made by the enactment.
95 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
SCHEDULE 34— continued
SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—
Interpretation Act 1897
2. The savings contained in this Schedule do not limit any saving in the Interpretation
Act 1897.
Effect of amendment of amending provisions
3. An amendment made by Schedule 31 to an amending provision (as defined by the Reprints Act 1972) contained in an Act shall, if the amending provision has commenccxl before the date of assent to this Act, be deemed to have taken effect as from the commencement of the amending provision.
Effect of amendment or repeal on acts done or decisions made
4. Except where it is expressly provided to the contrary, where this Act—
(a) amends a provision of an Act; or
(b) repeals and re-enacts (with or without modifications) a provision of an Act,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or re-enacted.
Amendment of Crimes Act 1900
5. (1) The amendment made by this Act to section 444 of the Crimes Act 1900 applies to sentences passed before the commencement of that amendment as well as to sentences passed after that commencement.
(2) The amendments made by this Act to section 447b of the Crimes Act 1900 do not affect any list of offences filed in court under that section before the commencement of those amendments.
(3) Offences may be taken into account under section 447b of the Crimes Act 1900, as amended by this Act, whether they were committed before or after the commencement of the amendments made to that seciion by this Act.
(4) Offences may be taken into account under seciion 447u of the Crimes Act 1900, as amended by this Act, in relation to a person found guilty of an offence punishable by penal servitude for life—
| (a) | whether that offence was committed before or after the commencement of the amendments made to that section by this Act; and |
| (b) | whether the person was found guilty of that offence before or after that commencement (so long as sentence has not already been passed). |
Amendment of Firearms and Dangerous Weapons Act 1973
6. The amendments made by this Act to the Firearms and Dangerous Weapons Act 1973 do not affect any legal proceedings in relation to section 7 (5) (cl) or 10 (4) (cl) of that Act which have been commenced before the date of assent to this Act.
Statute Law (Miscellaneous Provisions) (No. I) 19S7
| SCHEDULE | M ~ c o n ti / iu e d |
| SAVINGS, TRANSITIONAL AND OTHER PROVISIONS— | wet/ |
Amendment of Local Courts (Civil Claims) Act 1970
7. The amendment made to section 27 of the Local Courts (Civil Claims) Act 1970 by this Act docs not apply in relation to proceedings which have been commenced before the commencement of the amendment.
Amendment of Pay-roll Tax Act 1971
8. A regulation made under section 12 of the Pay-roll Tax Act 1971 and in force immediately before the commencement of this Act shall, on that commencement, be deemed to have been made under section 12 of that Act, as amended by this Act.
Regulations
9. (1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision made under subclause (1) may take effect as from the date of assent to this Act or a later date.
(3) To the extent to which a provision referred to in subclause (1) 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 in the Gazette; 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 the Gazette. |
(4) A provision made under subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding the other clauses of this Schedule.
NOTE:
Alphabetical list of Acts repealed by Schedule 33
Apprenticeship (Amendment) Act 1985 No. 30
Associations Incorporation (Amendment) Act 1985 No. 75
Builders Licensing (Amendment) Act 1985 No. 56
Business Franchise Licences (Petroleum Products) (Administration) Amendment Act 1985 No. 220
Clean Air (Licences and Approvals) Amendment .Act I983 No. 94
97 Act No. 48
Statute Law (Miscellaneous Provisions) (No. 1) 1987
Closer Settlemcni {Land Aggregation Tax) Amendment Act 1981 No. 40
Commissioner of Public Complaints Act 1984 No. 76 Compensation Court (Amendment) Act 1985 No. 92 Co-operation (Amendment) Act 1983 No. 120
Courts of Petty Sessions (Civil Claims) (Solicitors’ Remuneration) Amendment Act 1984
No. 36
Crimes (Amendment) Act 1984 No. 7 Crimes (Amendment) Act 1985 No. 9 Crimes (Death Penalty Abolition) Amendment Act 1985 No. 58
Crimes (Domestic Violence) Amendment Act 1982 No. 116 Crimes (Endangered Fauna) Amendment Act 1983 No. 184 Crimes (Further Amendment) Act 1983 No. 131
Crimes (Powers of Arrest) Amendment Act 1985 No. 27
Crimes (Registration of Instruments) Amendment Act 1984 No. 22
Crimes (Summary Procedure) Amendment Act 1985 No. 208
Defamation (Commissioner of Public Complaints) Amendment Act 1984 No, 78
Defamation (Farm Produce) Amendment Act 1983 No. 31
Defamation (Law Reform Commission) Amendment Act 1984 No. 118
Defamation (Probation and Parole) Amendment Act 1983 No. 196
Defamation (Racing Appeals Tribunal) Amendment Act 1983 No. 200
Fisheries and Oyster Farms (Noxious Fish) Amendment Act 1985 No. 160
Government Insurance (Amendment) Act 1984 No. 37
Health Administration (Medical Services Committee) Amendment Act 1984 No, 109
Housing (Amendment) Act 1985 No. 164
Housing Indemnities (Co-operation) Amendment Act 1981 No. 7
Human Tissue (Amendment) Act 1985 No. 61
Industrial Arbitration (Contracts of Carriage) Amendment Act 1983 No, 168
Justices (Community Justice Centres) Amendment Act 1983 No. 128
Justices (Motor Dealers) Amendment Act 1985 No. 106
Justices (Sydney Market Authority) Amendment Act 1985 No. 136
Liquor (Amendment) Act 1985 No. 12
Miscellaneous Acts (Anti-Discrimination) Amendment Act 1982 No. 143
Statute Law (Miscellaneous Provisions) (No. 1) 1987
Noise Control (Licences and Approvals) Amendment Act 1983 No. 92
Periodic Detention of Prisoners (Probation and Parole) Amendment Act 1983 No. 197
Police Board (Promotions) Amendment Act 1984 No. 80
Prisons (Amendment) Act 1983 No. 132
Public Finance and Audit (Amendment) Act 1985 No. 97
Public Finance and Audit (Further Amendment) Act 1985 No. 159 Public Finance and Audit (Housing) Amendment Act 1985 No. 167 Public Finance and Audit (State Public Service Superannuation Board) Amendment Act
1985 No. 48
Public Finance and Audit (Sydney Market Authority) Amendment Act 1985 No. 137
Public Hospitals (Amendment) Act 1982 No, 103
Public Hospitals (Amendment) Act 1985 No, 83
Public Service (Dairy Corporation) Amendment Act 1983 No. 157
Public Service (Public Authorities Superannuation Board) Amendment Act 1983 No. 107
Racing Appeals Tribunal (Amendment) Act 1985 No, 35
Royal Botanic Gardens and Domain Trust (Amendment) Act 1985 No. 3
Statutory and Other Offices Remuneration (Housing Commission) Amendment Act 1982 No. 120
Trade Union (Amendment) Act 1985 No, 19
Wills, Probate and Administration (Trustee Companies) Amendment Act 1985 No. 90
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