Statute Law (Miscellaneous Provisions) Act (No 2) 1988 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 2) 1988 No. 92
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Sh;)ri title
2. Commencement
3. Aniendmcnis
4. Repeals
5. Savings, transitional and other provisions
SCHEDULE I—AMENDMENT OF a d o p t io n OF CHILDREN ACT 1965 No. 23
SCHEDULE 2—AMENDMENT OF APIARIES ACT 1985 No. 16
SCHEDL'LE 3—AMENDMENT OF CHILDREN {CARE AND PROTECTION) ACT
1987 No. 54
SCHEDL LE 4—AMENDMENT OF DISABILITY SERVICES AND GUARDIANSHIP
ACT 1987 No. 257
SCHEDL'LE 5—AMENDMENT OF ELECTRICITY ACT 1945 {1946 No. 13)
SCHEDULE 6—AMENDMENT OE ENERGY ADMINISTRATION ACT 1987 No.
103
SCHEDL LE 7—AMENDMENT OF FAIR TRADING ACT 1987 No. 68
SCHEDL LE 8—AMENDMENT OF FERTILIZERS ACT 1985 No, 5
SCHEDULE 9—AMENDMENT OF FORESTRY ACT 1916 No. 55
SCHEDULE 10—AMENDMENT OF INDUSTRIAL ARBITRATION {MIS*
CELLANEOUS PROVISIONS) AMENDMENT ACT 1986 No. 127
SCHEDULE 1 I—AMENDMENT OF IRRIGATION ACT 1912 No. 73
SCHEDULE 12—AMENDMENT OF LOCAL GOVERNMENT ACT 1919 No. 41
SCHEDULE 13—AMENDMENT OF MISCELLANEOUS ACTS {CHILDREN’S
COURT AND CRIMINAL PROCEEDINGS) AMENDMENT ACT 1987 No. 273
SCHEDULE 14—AMENDMENT OF MOTOR DEALERS ACT 1974 No. 52
SCHEDULE 1 5 - AMENDMENTOF MOTOR TRAFFIC ACT 1909 No. 5
SCHEDULE 16—AMENDMENTOF PIPELINES ACT 1967 No. 90
SCHEDULE 17—AMENDMENT OF PREVENTION OF CRUELTY TO ANIMALS
ACT 1979 No. 200
SCHEDULE 18—AMENDMENT OF PUBLIC FINANCE AND AUDIT ACT 1983 No.
152
SCHEDULE 19—AMENDMENT OF SENATORS’ ELECTIONS ACT 1903 No. 9
SCHEDULE 20—AMENDMENT OF STATUTORY AND OTHER OFFICES
REMUNERATION ACT 1975 (1976 No. 4)
SCHEDULE 21—AMENDMENT OF STOCK {ARTIFICIAL BREEDING) ACT 1985
No. 190
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 22—AMENDMENT OF STOCK (CHEMICAL RESIDUES) ACT 1975
No. 26
SCHEDULE 23—AMENDMENT OF STOCK DISEASES ACT 1923 No. 34
SCHEDULE 24—AMENDMENT OF TRADE UNION ACT 1881 (45 Vic. No. 12)
SCHEDULE 25—AMENDMENT OF WOOL, HIDE AND SKIN DEALERS ACT 1935
No. 40
SCHEDULE 26—AMENDMENT OF OTHER ACTS BY WAY OF STATUTE LAW
REVISION
SCHEDULE 27—REPEALS
SCHEDULE 28—SAVINGS. TRANSITIONAL AND OTHER PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1988
No. 92
NEW SOUTH WALES
Act No. 92, 1988
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 19 December 1988]
Statute Law (Miscellaneous Provisions) (No. 2) 1988
The Legislature of New South Wales enacts;
Short title
| 1, | This Act may be cited as the Statute Law (Miscellaneous Provisions) |
Act (No. 2) 1988.
Commencement
2. (1) This Act commences on the date of assent, except as provided by
this section.
(2) Schedule ! (3) shall be taken to have commenced on 29 May 1987.
(3) Schedules 1(1) and (2), 2, 3 (except item (6)), 4, 5, 8, 9, 11, 14-17
and 19-25 commence on a day or days to be appointed by proclamation.
(4) Schedule 3 (6) (a) commences—
(a) on the date of assent to this Act; or
| (b) | on the commencement of the Children (Care and Protection) (Personal and Family Violence) Amendment Act 1987, |
whichever is the later.
(5) Schedule 3 (6) (b) and (c) shall be taken to have commenced on 18
January 1988.
(6) Schedule 6 shall be taken to have commenced on 1 July 1987.
(7) Schedule 12 shall be taken to have commenced on 26 September
1987.
(8) Schedule 18 shall be taken to have commenced on 1 July 1988.
(9) The provisions of Schedule 26 relating to—
| (a) | the Co-operation Act 1923 shall be taken to have commenced on 7 October 1987; and |
| (b) | the Teaching Services Act 1980 shall be taken to have commenced on 1 August 1988; and |
| (c) | the Trustee Companies Act 1964 shall be taken to have commenced on 4 July 1988; and |
| (d) | the Water Act 1912 shall be taken to have commenced on 1 January 1987; and |
| (e) | the Wild Dog Destruction Act 1921 shall be taken to have commenced on 1 January 1987. |
Amendments
3. Each Act specified in Schedules 1-26 is amended as set out in those
Schedules.
3 Act No. 92
S/atufe Law (Miscellaneous Provisions) (No. 2) 1988
Repeals
4. Each Act specified in Schedule 27 is repealed.
Savings, transitional and other provisions
5. Schedule 28 has effect.
SCHEDULE I—AMENDMENT OF ADOPTION OF CHILDREN ACT
1965 No. 23
(Sec. 3)
(1) Section 6 (Definitions)—
Section 6, definition of “Child”—
Omit “twenty-one”, insert instead “ 18” .
(2) Section 21 (Court to be satisfied as to certain matters)—
Section 21(1) (c)—
| Omit “twenty-one” wherever occurring, insert instead “ 1 | 8” . |
(3) Sections 68, 71 and 73—
Omit “Director” wherever occurring, insert instead “Director-
General” .
SCHEDULE 2—AMENDMENT OF APIARIES ACT 1985 No. 16
(Sec. 3)
Section 21 (Infected bees etc, not to be kept or sold)—
(1) Section 21 —
Omit “person” where firstly occurring, insert instead “beekeeper”.
(2) Section 21 (a)—
Before “keep” , insert “otherwise than m accordance with the directions of an inspector as to the steps to be taken to treat or eradicate the disease,”.
(3) .Section 21 (a)—
Omit “occupied by the person”.
(4) Section 21 —
Omit “person to” wherever occurring, insert instead “beekeeper to” .
(5) Section 21 (a)—
Omit “without taking the prescribed steps to treat or eradicate
| that | disease” . |
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 2—AMENDMENT OF APIARIES ACT 1985 No. 16—
continued
(6) Section 21 (b)—
Omit “the manner prescribed” , insert instead “a manner directed in writing by an inspector” .
SCHEDULE 3—AMENDMENT OF CHILDREN (CARE AND
PROTECTION) ACT 1987 No. 54
(Sec. 3)
(1) Section 3 (Definitions)—
| (a) | Section 3 (1), definition of “abuse”— Omit the definition, insert instead: |
“abuse”, in relation to a child, means—
(a) assault (including sexually assault) the child; or
(b) ill-treat the child; or
| (c) | expose or subject the child to behaviour that psychologically harms the child, |
whether or not, in any case, with the consent of the child;
| (b) | Section 3 (1), definition of “maintenance”— After “ includes” , insert “the provision o f ’ |
| (c) |
Section 3(1), definitions of “non-Government children’s home”, Omit the definitions.
| (d) | Section 3(1), definition of “proprietor”— Omit the definition, insert instead: |
“proprietor”, in relation to premises, means—
| (a) | if the premises are not leased—the owner, or (if there is more than one owner) any of the owners, of the premises; or |
| (b) | if the premises are leased—the lessee, or (if there is more than one lessee) any of the lessees, who is entitled to immediate possession of the premises; |
| (e) | Section 3 (6)— Omit the subsection, |
(2) Section 20 (Ordinary medical and dental treatment)—
Section 20 (1) (e)—
Omit the paragraph, insert instead:
5 Act No, 92
Statute Law (Miscellaneous Provisions) (No. 2) 19S8
SCHEDULE 3— AMENDMENT OF CHILDREN (CARE AND
PROTECTION) ACT 1987 No. 54^continued
| (c) | a child who is in the care of a person in whose care the child has been placed— |
(i) by an authorised private fostering agency; or
(ii) by, or with the written approval of, the Minister or the Director-General,
for the purpose of the child being fostered; or
(3) Section 38 (Notification of deaths at licensed residential child care
centres)—
Section 38 ( i ) (b)—
Omit “at the police station nearest the centre” .
(4) Section 56 (Definitions)—
At the end of section 56, insert:
| (2) | In this Part, proceedings on a care application shall be taken |
to have commenced when the care application is made.
(5) Section 62 (Care of children pending care proceedings)—
| (a) |
Section 62 (3)— been placed in the care of the Director-General pursuant to an order under section 77” .
| (b) | Section 62 (3)— After “pending”, insert “the commencement o f ’, |
(6) Section 70 (Procedure generally)—
| (a) | Section 70 (3)— Omit "section”, insert instead “sections 24a and”. |
| (b) |
Section 70 (4), (5)— insert instead “Children’s Magistrate” .
| (c) | Section 70 (4)— Omit “the member”, insert instead “the Children’s Magistrate” . |
(7) Section 84 (Enforcement of undertakings)—
| (a) |
Section 84 (2)— (e).
| (b) | Section 84 (2) (b)— After section 84 (2) (a), insert: |
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 3—AMENDMENT OF CHILDREN (CARE AND
| PROTECTION) ACT 1987 No. | continued |
| (b) | the child (being a child placed in the custody of a person under section 72 (1) (c) (ii)) has ceased, without lawful authority, to be in that person’s care; or |
(8) Section 85 (Application of Justices Act 1902 to secure attendance of
witnesses etc.)—
Section 85 (b), (c)—
At the end of section 85 (b), insert:
; and
| (c) | the production of documents in proceedings under this Pan, |
(9) Section 116 (Search warrants)—
Section 116 (2) (b), (c)—
At the end of section 116 (2) (b), insert:
; and
| (c) | to observe and converse with any person apparently residing there. |
(10) Schedule 1, clause 2 (Eligible applicants)—
Omit the clause, insert instead:
Eligible applicants
2, A person is not eligible to make an application for a licence unless—
| (a) | the person is the proprietor of the premises for which the licence is applied for; or |
| (b) | the Minister consents to the making of that application by the person. |
SCHEDULE 4—AMENDMENT OF DISABILITY SERVICES AND
GUARDIANSHIP ACT 1987 No. 257
(Sec. 3)
(1) Section 49 (Constitution of the Board)-—
Section 49 (4a)—
After section 49 (4), insert:
(4a) a President or Deputy President of the Board shall, if required to do so by his or her instrument of appointment as President or Deputy President or by a subsequent instrument executed by the Governor, devote the whole of his or her time to the duties of his or her office as President or Deputy President.
Act No. 92
Sialute Law (MisceUaneom Provisions) (No. 2) 1988
SCHEDULE 4—AMENDMENT OF DISABILITY SERVICES AND
GUARDIANSHIP ACT 1987 No. 281— continued
| (2) Schedule 1 | (Provisions relating to the Board)— |
| (a) | Clause 2— Omit the clause, insert instead: Remuneration etc. |
2. (1) A member {other than a full-time President or Deputy President of the Board) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(2) A full-time President or Deputy President of the Board is entitled to be paid—^
| (a) | remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975; and |
| (b) | such travelling and subsistence allowances as the Minister may from time to time determine in respect of the full time President or Deputy President, |
(3) The Public Sector Management Act 1988 does not apply to the appointment of a member of the Board and a member of the Board is not, as a member, subject to that Act (except Part 8).
| (b) | After clause 4, insert: |
Clauses 5-7— previously public servant etc.
5. (1) This clause applies where a full-time President or Deputy President of the Board was, immediately before being appointed as a full-time President or Deputy President—
(a) an officer of the Public Service or a Teaching Service; or
(b) a contributor to a superannuation scheme; or
(c) an officer employed by a proclaimed statutory body; or
| (d) | a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee. |
| (2) | Subject to the terms of appointment, the full-time President |
or Deputy President—
| (a) | shall retain any rights accrued or accruing to him or her as such an officer, contributor or person; and |
| (b) | may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as full-time President or Deputy President; and |
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 4—AMENDMENT OF DISABILITY SERVICES AND
GUARDIANSHIP ACT 1987 No. 251 ̂ continued
| (c) | is entitled to receive any deferred or extended leave and |
any payment, pension or gratuity,
as if he or she had continued to be such an officer, contributor or person during his or her service as full-time President or Deputy President.
(3) Service as full-time President or Deputy President shall be regarded as service as an officer or employee for the purposes of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred.
(4) The full-time President or Deputy President shall be regarded as an officer or employee, and the Government shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
(5) If the full-time President or Deputy President would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme—
| (a) | he or she is not so entitled on becoming (whether on appointment as a full-time President or Deputy President or at any later time while holding office as a full-time President or Deputy President) a contributor to any other superannuation scheme; and |
| (b) | the provisions of subclause (4) cease to apply to or in respect of him or her and the Government in any case where he or she becomes a contributor to any such other superannuation scheme. |
(6) Subclause (5) does not prevent the payment to the full-time President or Deputy President (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, because of resignation, to be an officer or employee for the purposes of the scheme.
(7) The full-time President or Deputy President is not, in respect of the same period of service, entitled to dual benefits of the same kind through the operation of this clause.
(8) In this clause—
“proclaimed statutory body” means any body constituted by or
under an Act that is declared by the Governor, by proclamation, to be a statutory body for the purposes of this clause;
9 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 4—AMENDMENT OF DISABILITY SERVICES AND
GUARDIANSHIP ACT 1987 No. 251— continued
“ superannuation scheme” means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
Full-time President or Deputy President entitled to reappointment to former employment in certain eases
6. (1) A person who—
| (a) | ceases to be a full-time President or Deputy President because of the expiration of the period for which the person was appointed or because of resignation; and |
| (b) | was, immediately before being appointed as full-time President or Deputy President— |
(i) an officer of the Public Service or a Teaching Service; or
(ii) an officer or employee of a proclaimed statutory body; and
| (c) | has not reached the age at which the person would have been entitled to retire had the person continued to be such an officer or employee, |
shall be entitled to be appointed to some position in the Public Service, the Teaching Service or the service of that proclaimed statutory body, as the case may be, not lower in salary than the current salary for the position which the person held immediately before being appointed as a full-time President or Deputy President.
(2) Where subclause (1) does not apply to a person who—
| (a) | was, immediately before being appointed to a full-time office constituted by an Act, an officer or employee referred to in subclause (1) (b); and |
| (b) | is after that appointment appointed as a full-time President or Deputy President, |
the person has, in the event of ceasing to be a full-time President or Deputy President, such rights (if any) to appointment as such an officer or employee as are specified in the instrument of appointment as full-time President or Deputy President or as are agreed on by the person and by or on behalf of the Government,
(3) In this clause—
“proclaimed statutory body” means any body constituted by or
under an .Act that is declared by the Governor, by proclamation, to be a statutory body for the purposes of this clause.
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 5—AMENDMENT OF ELECTRICITY ACT 1945 (1946
No. 13)
(Sec. 3)
(1) Section 19c (Payments to Traffic Route Lighting Subsidy Account)—
| (a) | Section 19c (4)— Omit the subsection. |
| (b) | Section 19c (5)— Renumber as subsection (4). |
(2) Section 2 I f (Powers of authorised persons)—
Section 21f (3)—
Omit “class” wherever occurring, insert instead “type".
SCHEDULE 6—AMENDMENT OF ENERGY ADMINISTRATION
ACT 1987 No. 103
(Sec. 3)
Section 38 (Testing and labelling of appliances)—
| (1) | Section 3 8 { l)(c )(ii)— |
Omit “and".
(2) Section 38 (1) (d), (e)—
After section 38 (1) (d), insert;
; and
| (e) | the fees payable in relation to the labelling of appliances that consume energy. |
SCHEDULE 7—AMENDMENT OF FAIR TRADING ACT 1987 No. 68
| . | (Sec. 3) |
Section 44 (False representations (TPA s. 53))
Section 44 (a), (b)—
| After “quality” wherever occurring, insert | value” . |
SCHEDULE 8—AMENDMENT OF FERTILIZERS ACT 1985 No. 5
(Sec. 3)
Section 24 (Identification certificates)—
Section 24 (2)—
Omit the subsection, insert instead;
(2) A certificate of identification shall be in the approved form.
11 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 9—AMENDMENT OF FORESTRY ACT 1916 No. 55
(Sec. 3)
(1) Section 29 (Penalty’ for unlawfully working sawmill)—
Section 29 (1), (2)—
Omit “two hundred dollars” wherever occurring, insert instead
“$500” .
(2) Section 31 (Permits to occupy and use land)—
Section 31 (3)—
Omit “for Lands”, insert instead “administering the Crown Lands Acts or a person authorised in writing by that Minister to perform that Minister’s functions under this section” .
SCHEDULE 10—AMENDMENT OF INDUSTRIAL ARBITRATION
(MISCELLANEOUS PROVISIONS) AMENDMENT ACT 1986 No. 127
(Sec. 3)
Section 2 (Commencement)—
Section 2 (2)—
After “day”, insert “or days” .
SCHEDULE 11—AMENDMENT OF IRRIGATION ACT 1912 No. 73
(Sec. 3)
Section 1 7a (Unauthorised use of water)—
(1) Section 17A(l)(a) (iv)—
After section 17a (1) (a) (iii), insert:
(iv) any pipe through an unauthorised draw-off; or
(2) Section 17a (1) (b)—
After “ interferes with”, insert “ , or alters or adjusts,” .
(3) Section 17a (1) (b)—
After “ supply channel” , insert “or pipe” .
(4) Section 17a (3)—
After “box,” , insert “measuring device, valve,”.
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 12—AMENDMENT OF LOCAL GOVERNMENT ACT
1919 No. 41
(Sec. 3)
Section 46b (Returns)—
Section 46b (8)—
After section 46b (7), insert:
(8) Nothing in this Division requires a person to disclose in a primary return or an ordinary return lodged under this section the interest of a spouse, de facto partner or relative of the person.
SCHEDULE 13—AMENDMENT OF MISCELLANEOUS ACTS (CHILDREN’S COURT AND CRIMINAL PROCEEDINGS)
AMENDMENT ACT 1987 No. 273
(Sec. 3)
Section 2 (Commencement)—
Section 2 (4)—
Omit the subsection, insert instead:
| (4) | hem (2) of the provisions of Schedule 1 relating to the Bail |
Act 1978, and section 3 in its application to that item, commence on a day to be appointed by proclamation.
SCHEDULE 14—AMENDMENT OF MOTOR DEALERS ACT 1974
No. 52
(Sec. 3)
Section 4 (Interpretation)—
Section 4 (1)—
| After the definition of “trading day’ | insert: |
“ trailer" includes a caravan;
SCHEDULE 15—AMENDMENT OF MOTOR TRAFFIC ACT 1909
No. 5
(Sec. 3)
| Section 2 (Definitions)— Section 2 (1)— After the definition of “Traffic Authority’ | insert: |
“trailer” includes a caravan.
13 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 16—AMENDMENT OF PIPELINES ACT 1967 No. 90
(Sec. 3)
Section 50a—
After section 50, insert:
Pipeline searches
50a. (1) A person may apply to the Director for information
concerning any application made or granted for a permit or
licence in respect of land specified in the application.
(2) An application under this section shall—
(a) be in a form approved by the Director; and
(b) be accompanied by the prescribed fee.
(3) In this section—
“Director” means the Director of the Department of Energy.
SCHEDULE 17—AMENDMENT OF PREVENTION OF CRUELTY
TO ANIMALS ACT 1979 No. 200
(Sec. 3)
(1) Section 7 (Carriage and conveyance of animals)—
Section 7 (3), definition of “multi-deck vehicle”—
| Omit | “vertically” . |
(2) Section 17—
Omit the section, insert instead:
Certain spurs etc. or implements designed for fighting not to be kept
17. A person shall not have in his or her possession or
custody—
| (a) | any spur, or any other similar appliance, which has sharpened rowels; or |
| (b) | any article, implement or other thing made or adapted, or intended by the person to be used, for attachment to an animal for the purpose of— |
(i) training the animal to fight another animal; or
(ii) increasing the ability of the animal to inflict injury on another animal during fighting.
Penalty; $2,000 or imprisonment for 6 months, or both.
Statute Law (Miscellaneous Provisions) (No. 2) J988
SCHEDULE 18—AMENDMENT OF PUBLIC FINANCE AND AUDIT
ACT 1983 No. 152
(Sec. 3)
Section I 3a (Working accounts)—
Section I 3a (2)—
Omit “An”, insert instead “Despite the provisions of any other
| Act, | an” . |
SCHEDULE 19—AMENDMENT OF SENATORS’ ELECTIONS ACT
1903 No. 9
(Sec. 3)
(1) Section 4u (Date of return of writ)—
Omit “90” insert instead “ 100” .
(2) Section 9 (Power to extend time and make provision to meet
difficulties)—
| (a) | Section 9 (I)— Omit “but subject to subsection (2), within twenty days” . |
| (b) | Section 9 (2)— Omit the subsection. |
SCHEDULE 20—AMENDMENT OF STATUTORY AND OTHER
OFFICES REMUNER.4TION ACT 1975 (1976 No. 4)
(Sec. 3)
Schedule 3 (Public Offices)—
At the end of Part 2 of Schedule 3, insert;
President of the Guardianship Board.
Deputy President of the Guardianship Board.
SCHEDULE 21—AMENDMENT OF STOCK (ARTIFICIAL
BREEDING) ACT 1985 No. 196
(Sec. 3)
(1) Section 12 (Requirement for certificates of competency)—
Section 12 (2)—
At the end of section 12, insert;
15 Act No, 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 21—AMENDMENT OF STOCK (ARTIFICIAL
BREEDING) ACT 1985 No. 196—continued
(2) A person does not contravene subsection (1) if the person carries out an artificial breeding procedure—
| (a) | at licensed premises as an employee of the holder of the licence; or |
| (b) | under the immediate and direct supervision of the holder of a certificate of competency authorising the holder to carry out the procedure or of a veterinary surgeon. |
(2) Section 26 (Importation from other countries)—
Section 26 (c)—
After “would” , insert “not” .
(3) Section 29 (Offences relating to semen and ova)—
| (a) | Section 29 (a)— | |
| ||
| (b) | Section 29 (b)— After “sell”, insert “or cause or permit to be sold” . | |
| (c) | Section 29 (d)— Renumber paragraph (d) as paragraph (f). | |
| (d) | Section 29 (c)-(e)— Omit section 29 (c), insert instead: |
| (c) | that the semen has, or the ova have, been introduced into the State in contravention of this Act; or |
| (d) | that the semen has, or the ova have, been processed, handled or stored in contravention of this Act or the regulations; or |
| (e) | that the semen has been collected in the State from stock on unlicensed premises; or |
SCHEDULE 22—AMENDMENT OF STOCK (CHEMICAL
RESIDUES) ACT 1975 No. 26
(Sec, 3)
Section 7 (Temporary notice for detention of residue affected stock)—
Section 7 (1a), (1b)—
After section 7(1), insert;
Slaiute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 22—AMENDMENT OF STOCK (CHEMICAL RESIDUES)
ACT 1975 No. 26— continued
(I a ) An inspector may, with the approval of the Chief, Division of Animal Health, extend the period of a detention notice under subsection (1) for a further period (not exceeding 40 days) specified in a further notice in writing given to the person who owns or is in charge of the stock to which the detention notice relates.
( I b) The power conferred on an inspector by subsection (1a)
may not be exercised more than twice in respect of any detention
notice.
SCHEDULE 23—AMENDMENT OE STOCK DISEASES ACT 1923
No. 34
(Sec. 3)
(1) Section 6 (Inspectors)—
| (a) | Section 6 (4)— After "Agriculture” , insert "or in some other capacity” , |
| (b) |
Section 6 (4)— employed in that other capacity”.
| (c) | Section 6 (4a)— |
After section 6 (4), insert:
(4a) Despite subsection (4), a person who—
| (a) | was appointed as an inspector or authorised to perform any duties, or exercise any powers, of an inspector by an authorisation revoked by that subsection; and |
| (b) | is subsequently employed in a capacity in which the person is required by the Director-General to perform the duties, or exercise the powers, of an inspector. |
may, while the person is employed in that capacity, perform those duties and exercise those powers as if the former appointment or authorisation were still in force.
(2) Section 8 (Further powers of inspectors)—
Section 8 (3). (4)—
After section 8 (2), insert:
| n | Aft No. 92 |
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 23—AMENDMENT OF STOCK DISEASES ACT 1923 No.
34—continued
(3) An inspector may, with the approval of the Chief of the Division of Animal Health, extend the period for which land is declared to be a quarantine area under subsection (1) (c) for a further period (not exceeding 40 days) specified in a further notice in writing given to the owner or occupier of the land.
(4) The power conferred on an inspector by subsection (3) may not be exercised more than once in respect of any declaration.
(3) Section I 9a (Identification of certain cattle, swine and other stock)—
Section 19a (I) (a)—
Omit “of or above the age of 3 months".
(4) Section 19r (Identification of stock)—
| (a) | Section 19c (2)— After “attach”, insert “or cause or permit to be attached” . |
| (b) |
Section 19c (2) (c)— may be prescribed for the purposes of this paragraph” .
| (c) | Section 19c (2a)— |
After “brand” where firstly occurring, insert “or cause or permit to be branded”.
(5) Section 19o (Records to be kept of untagged stock)—
Omit “ 14 days”, insert instead “24 hours”.
(6) Section 20 (Offences)— Section 20 (1) (jl)— Omit “fourteen” , insert instead “28".
SCHEDULE 24—AMENDMENT OF TRADE UNION ACT 1881 (45
Vic. No. 12)
(Sec, 3)
(1) Section 14 (Regulations for registry)—
Section 14 (I)—
| Omit | “printed” . |
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 24—AMENDMENT OF TRADE UNION ACT 1881 (45
Vic. No. 12)— continued
(2) Section 17—
Omit the section, insert instead: Registered office of trade unions
17. (I) A trade union registered under this Act shall have a registered office to which all communications and notices may be addressed.
(2) If a trade union under this Act is in operation for 7 days without having such an office, the trade union and each of its officers is guilty of an offence and liable to a penalty not exceeding $10 for every day during which it is so in operation,
(3) Notice of the address of the registered office and of any change in that address shall be given to and recorded by the registrar and until notice is given the trade union shall not be regarded as complying with the provisions of this Act.
SCHEDULE 25—AMENDMENT OF WOOL, HIDE AND SKIN
DEALERS ACT 1935 No. 40
(Sec. 3)
Section 5 (Procedure)—
(1) Section 5 (U )—
After section 5 (1), insert:
(1a) An application for the issue, renewal, variation or transfer of a licence shall be accompanied by the prescribed fee.
(2) Section 5 (8)—
Omit the subsection.
SCHEDULE 26—AMENDMENT OF OTHER ACTS BY WAY OF STATUTE LAW
REVISION
(See. 3)
Co-aperation Act 1923 (1924 No. 1)—
(1) Section 80k (Order of .Minister against forfeiture)—
Section 80r ( I)—
Omit “ this section", insen instead “ this Division".
(2) Section 80u (Forfeiture prohibited in certain circumstances)—
Omit "this section” , insert instead “this Division".
19 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2} 1988
SCHEDULE 26—AMENDMENT OF OTHER ACTS BY WAY OF STATUTE LAW
REVISION—continued
Crimes Act 1900 No. 40—
Section 407 (Competency of parties and accused persons and their husbands and wives to give evidence)—
| Omit "sections 27, 41, 42, 54, 60, 1 | 14, or I 18 of the Child Welfare Act 1923. |
or any Act amending or replacing the said provisions", insert instead “section
25. 26, 50, 51 or 52 of the Children (Care and Protection) Act 1987".
National Parks and Wildlife Act 1974 No. 8 0 -
Section 176 (Proceedings for offences)—
Section 1 76 ( i a )—
Omit “or the by-laws” .
Permanent Building Societies Act 1967 No. 18—
Section 46ti (Consideration of matter by Takeover Review Committee)—
Section 46e (6)—
Omit “effected” , insert instead “affected” .
Police Regulation Act 1899 No. 20—
Section I 3 (Employer of members of police force for certain purposes)-—
(1) Section 13(1)—
Omit the definition of “Board”, insert instead:
“Authority" means the Public Employment Industrial Relations Authority;
(2) Section 13 (2), (3), (5), (8)—
Omit “ Board” wherever occurring, insert instead “Authority” .
Prisoners (Interstate Transfer) Act 1982 No. 104—
(1) Section 5 (Definitions)—
| (a) | Section 5(1). definition of “court of petty sessions”— Omit the definition, |
| (b) | Section 5 (1)— After the definition of “justice”, insert: |
"Local Court" means a Local Court constituted by a Magistrate silting alone.
(2) Sections 14 (1), 15, 16 (I), (4). 34—
Omit "court of petty sessions" wherever occurring, insert instead "Local
Court” ,
(3) Sections 15(1) (b), 34—
Omit "the court” , insert instead "the Local Court” .
Real Property Act 1900 No. 25—
( I) Sections I 3k. 28a (definition of "Registered deed”), 28ga, 28j (2) and 39a—
Omit “the Registration of Deeds Act, 1897” wherever occurring, insert instead
"Division I of Part 23 of the Conveyancing Act 1919” .
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 26—AMENDMENT OF OTHER ACTS BY WAY OF STATUTE LAW
REVISION—
(2) Sections I 3f (a), 39a (1) (b) and (7)—
Omit “ the Conveyancing Act 1919” wherever occurring, insert instead “that
Act".
(3) Sections 28a {definition of "Subsisting interest”), 28j (3) and 43a (3)—
Omit "the Registration of Deeds Act. i 897.” insert instead “Division 1 of Part
23 of the Conveyancing Act 1919".
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 No. 218—
Section 2 (Commencement)—
Section 2 (4)—
Omit ", 40, 44 (3) and 45” , insert instead “and 40",
Suitors' Fund (Amendment) Act 1987 No, 249—
Schedule 1 (Amendments)—
Schedule I (6) (a)—
Before ", insert ” , insert "where firstly occurring” .
Supreme Court Act 1970 No. 52—^
Section 124 (Rule-making power).—
Section I 24 (9)— instead "section 7 or 14 of the Legal Profession Act 1987”.
Teaching Services Act 1980 No. 23—
Section 28 (Exercise of Secretary’s functions in relation to industrial disputes)— Omit "it" wherever occurring, insert instead “ the Secretary” .
Trustee Companies Act 1964 No, 6—
Third Schedule, First Part—
Omit "The Union-Fidelity Trustee Company of Australia Limited” , insert instead "Trust Company of Australia Limited” .
University and University Colleges Act 1900 No, 22—
Section I 5 (By-laws)— Section 15 (3) (c)— Omit the paragraph, insert instead:
| (c) | shall not be taken to be a statutory rule within the meaning of the Interpretation Act 1987. |
Valuation of Land Act 1916 No. 2—
(I) Section 58 (Allowances for profitable expenditure—land)—
Section 58 (2) (e) (iii)—
Omit “a proclamation made under section 309 (1) of the Local Government
Act. 1919. or” .
2 1 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 26—AMENDMENT OF OTHER ACTS BY WAY OF STATUTE LAW
REVISION—continued
(2) Section 58ii (KiitinK base factors—generally)—
| (a) | Section 58i>(l). definition of “mine”— Omit “section 153 {I) (a) or ( I a ) (a)” , insert instead “section 1 53 ( U) (a)” , |
| (b) | Section 58n (6)— Omit “section 153 (1) (b) or (c) or” . |
(3) Section 70a (Definitions)—
Section 70a, definition of "planning instrument”—
Omit paragraph (a) of the definition.
Water Act 1912 No. 44—
Section 20b (Authority)—■
Section 20tt (2)—
Omit "exceeds", insert instead “does not exceed".
Wild Dog Destruction Act 1921 No. 1 7 -
Section 3a (The Wild Dog Destruction Board)—
Section 3a (5) (e)—
Omit "Western Division Council of the Livestock and Grain Producers’
Association of New South Wales", insert instead “New South Wales Farmers'
Association Western Division Council”.
SCHEDULE 27—REPEALS
(Sec. 4)
Statutory Salaries Adjustment Act 1953 No. 15
Second-hand Motor Dealers Act 1956 No, 5
Matraville Oil Refinery Act 1980 No. 57*
Jury (Amendment) Act 1981 No. 34
Government Railways (Amendment) Act 1983 No. 122
Bills of Sale (Amendment) Act 1984 No. 23
Physiotherapists Registration (Amendment) Act 1984 No, 44
Occupational Health and Safely (Amendment) Act 1984 No. 138
Physiotherapists Registration (Amendment) Act 1985 No. 25
Land Commission (Housing) Amendment Act 1985 No. 165
Pay-roll Tax (Administration) Amendment Act 1985 No. 224
Bills of Sale (Amendment) Act 1986 No, 38
Credit (Regulated Mortgages) Amendment Act 1986 No. 40
General Traffic (Shared Traffic Zones) Amendment Act 1987 No. 7
Credit (Consumer Claims Tribunals) Amendment Act 1987 No. 207
Pay-roll Tax (Amendment) Act 1987 No. 230
Children’s Court (Amendment) Act 1987 No. 268
Co-operation (Further Amendment) Act 1987 No. 118
Statute Law (Miscellaneous Provisions) (No. 2) 1988
SCHEDULE 21— REPEALS—continued
Government Railways (Railway Safety) Amendment Act 1987 No. 295
NOTE:
* indicates repeal of uncommenced Act
SCHEDULE 28—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
(Sec. 5)
Effect of amendment of amending provisions
1. An amendment made by Schedule 26 to an amending provision (as defined by the Reprints Act 1972) contained in an Act shall, if the amending provision has commenced before the date of assent to this Act, be taken to have taken effect as from the commencement of the amending provision.
Effect of amendment or repeal on acts done or decisions made
2. 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 oi-dccision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
Repeal consequent on amendment of Fertilizers Act 1985
3. Clause 4 (2) of, and Form 2 in Schedule 1 to, the Fertilizers Regulation 1985 are,
on the commencement of Schedule 8, repealed.
Regulation.s
4. (I) The Governor may make regulations containing other provisions of a savings
or transitional nature consequent on the enactment of this Act,
(2) Any such provision may, if the regulations so provide, take effect from the date
of assent to this Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier
than the date of its publication in the Gazette, the provision does not operate so as—
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the Stale), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
NOTE
Alphabetical list of Acts repealed by Schedule 27
Bills of Sale (Amendment) Act 1984 No, 23 Bills of Sale (Amendment) Act 1 986 No. 38 Children’s Court (Amendment) Act 1987 No. 268
23 Act No. 92
Statute Law (Miscellaneous Provisions) (No. 2) 1988
N OT E—continued
Co-opcralion {Further Amendment) Act 1987 No. I 18
Credit {Consumer Claims Tribunals) Amendment Act 1987 No. 207
Credit {Regulated Mortgages) Amendment Act 1986 No. 40
General Traffic {Shared Traffic Zones) Amendment Act 1987 No. 7
Government Railways (Amendment) Act 1983 No. 122
Government Railways (Railway Safety) Amendment Act 1987 No. 295
Jury (Amendment) Act 1981 No. 34
Land Commission (Housing) Amendment Act 1985 No. 165
Matraville Oil Refinery Act 1980 No. 57
Occupational Health and Safety (Amendment) Act 1984 No. 138
Pay-roll Tax (Administration) Amendment Act 1985 No. 224
Pay-roll Tax (Amendment) Act 1987 No. 230
Physiotherapists Registration (Amendment) Act 1984 No. 44
Physiotherapists Registration (Amendment) Act 1985 No. 25
Second-hand Motor Dealers Act 1956 No. 5
Statulory Salaries Adjustment Act 1953 No. 15
{Mini'iier'.s .second reading speech made in—
Legislative Assembly on 21 Sepiemher 198H
Legislative Council on 15 hiovemher 1988]
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