Statute Law (Miscellaneous Provisions) Act (No 2) 1990 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2)
1990 No. 108
NEW SOUTH WALES
TABLE OF PROVISIONS 1. Short title
2. Commencement
3. Amendments
4. Repeals5. General savings, transitional and other provisions
6. Explanatory notes
SCHEDULE 1—MINOR AMENDMENTS
Anti-Discrimination Act 1977 No. 48 Area Health Services Act 1986 No. 50 Auctioneers and Agents Act 1941 No. 28
Banks and Bank Holidays Act 1912 No. 43
Bishopsgate Insurance Australia Limited Act 1983 No. 81
Commercial Tribunal Act 1984 No. 98
Community Justice Centres Act 1983 No. 127
Community Land Development Act 1989 No. 201
Community Service Orders Act 1979 No. 192
Community Welfare Act 1987 No. 52
Confiscation of Proceeds of Crime Act 1989 No. 90
Conveyancing Act 1919 No. 6
Crimes Act 1900 No. 40
Criminal Appeal Act 1912 No. 16
Crown Lands Act 1989 No. 6
Crown Lands (Continued Tenures) Act 1989 No. 7
Dental Technicians Registration Act 1975 No. 40
Dentists Act 1989 No. 139
District Court Act 1973 No. 9
Dried Fruits Act 1939 No. 7
Environmental Restoration and Rehabilitation Trust Act 1990 No. 24Statute Law (Miscellaneous Provisions) (No. 2 ) 1990
Fisheries and Oyster Farms Act 1935 No. 58
Fluoridation of Public Water Supplies Act 1957 No. 58
Food Act 1989 No. 231
Government Insurance Act 1927 No. 1 8
Hay Irrigation Act 1902 No. 57
Hunter Water Board Act 1988 No. 119
Irrigation Act 1912 No. 73
Jury Act 1977 No. 1 8
Law Foundation Act 1979 No. 32
Legal Aid Commission Act 1979 No. 78
Legal Profession Act 1987 No. 109
Maritime Services Act 1935 No. 47
Medical Practitioners Act 1938 No. 37
Mental Health Act 1990 No. 9
Motor Vehicles Taxation Act 1988 No. 111
National Crime Authority (State Provisions) Act 1984 No. 157
National Parks and Wildlife Act 1974 No. 80
New South Wales Institute of Psychiatry Act 1964 No. 44
New South Wales State Cancer Council Act 1955 No. 25
Nurses Registration Act 1953 No. 10
Pesticides Act 1978 No. 57
Pharmacy Act 1964 No. 48
Pharmacy (Amendment) Act 1989 No. 224
Physiotherapists Registration Act 1945 No. 9
Podiatrists Act 1989 No. 23
Poisons Act 1966 No. 31
Prices Regulation Act 1948 No. 26
Prisons Act 1952 No. 9
Protected Estates Act 1983 No. 179
Psychologists Act 1989 No. 51
Public Finance and Audit Act 1983 No. 152
Public Sector Management Act 1988 No. 33
Radiation Control Act 1990 No. 1 3Returned Sailors and Soldiers’ Imperial League of Australia (New South
Wales Branch) Incorporation Act 1935 No. 39
Road Obstructions (Special Provisions) Act 1979 No. 9
Rural Lands Protection Act 1989 No. 197
Small Business Development Corporation Act 1984 No. 119
Sporting Injuries Insurance Act 1978 No. 141
State Emergency and Rescue Management Act 1989 No. 165
State Emergency Service Act 1989 No. 164
State Owned Corporations Act 1989 No. 134
Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)
Stock (Artificial Breeding) Act 1985 No. 196
Stock (Chemical Residues) Act 1975 No. 26
Supreme Court Act 1970 No. 52
Teacher Housing Authority Act 1975 No. 27
Therapeutic Goods and Cosmetics Act 1972 No. 14
Tow Truck Act 1989 No. 158Statute Law (Miscellaneous Provisions) (No. 2) 1990
Traffic Act 1909 No. 5
Transport Administration Act 1988 No. 109
University of New England Act 1989 No. 67
University of Technology, Sydney, Act 1989 No. 69
Veterinary Surgeons Act 1986 No. 55
Water Board Act 1987 No. 141
Wentworth Irrigation Act 1890 (54 Vic. No. 7)
Western Lands Act 1901 No. 70
Wilderness Act 1987 No. 196Workers Compensation Act 1987 No. 70
SCHEDULE 2—AMENDMENTS BY WAY O F STATUTE LAW REVISION
SCHEDULE 3—REPEALSSCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2)
1990 No. 108
NEW SOUTH WALES
Act No. 108, 1990
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 13 December 1990]
Statute Law (Miscellaneous Provisions) (No. 2) 1990
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 2) 1990.
Commencement
2. This Act commences on the date of assent, except as provided in Schedules 1 , 2 and 4.
Amendments
3. Each Act specified in Schedules 1 and 2 is amended as set out in those Schedules.
Repeals
4. Each Act specified in Schedule 3 is repealed.
General savings, transitional and other provisions
5. Schedule 4 has effect.
Explanatory notes
6. The matter appearing under the heading "Explanatory note" in
any of the Schedules does not form part of this Act.
SCHEDULE 1—MINOR AMENDMENTS
(Sec. 3)
ANTI-DISCRIMINATION ACT 1977 No. 48
Amendment
Section 74 (Eligibility for appointment to Board):
Omit section 74 (2) (a).
Explanatory note
The proposed amendment removes the restriction that prevents a person from being eligible to be appointed as a member of the Anti-Discrimination Board if the person is of or above the age of 65 years.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
AREA HEALTH SERVICES ACT 1986 No. 50
Amendments
(1) Section 17 (Chief executive officer of board): At the end of the section, insert:
(2) The employment of the chief executive officer of an area health board is subject to Part 2A of the Public Sector Management Act 1988, but is not subject to Part 2 of that Act.
(3) The chief executive officer of an area health board is taken, while holding that office, to be employed by the area health service concerned. However, the area health service may not remove the chief executive officer from office.
(2) Section 25 (Staff of area health services): Omit section 25 (2), insert instead:
(2) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of persons employed under this section.
(3) Section 26 (Determination by Corporation of conditions of
employment of staff of area health services):
After section 26 (7), insert:
(8) This section does not apply to any conditions of employment (determined under Part 2A of the Public Sector Management Act 1988) of the chief executive officer of an area health board or any other employee of an area health service whose employment is subject to that Part of that Act.
(4) Schedule 4 (Provisions relating to the members and procedure
of area health boards):
(a)
Omit clauses 3, 6 (a), 7 and 9 (1) (b), (g), ( j ) and (k) and (2).
(b)
From clause 9 (l), omit ''A member of an area health board", insert instead "An appointed member".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS — continued
(c) After "Secretary;" in clause 9 (1) (i), insert "or". (d) Omit clause 11 ( l ) , insert instead: (1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.
(e) After clause 13, insert: Transitional arrangements affecting chief executive
officers13A. (1) A person who, immediately before the relevant commencement was holding office as chief executive officer of an area health board is, on the relevant commencement, taken to have been appointed to that office for the balance of the person's term of office.
(2) Until otherwise determined under Part 2A of the Public Sector Management Act 1988, the conditions of employment (including remuneration) of a person continued in office under this clause are the same as those which applied immediately before the relevant commencement.
(3) In this clause:
"relevant commencement'' means the commencement
of the amendments to the Area Health Services Act 1986 made by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1990.
Commencement
The amendments to the Area Health Services Act 1986 commence on a day to be appointed by proclamation.
Explanatory note
The proposed amendments:
(a)
provide for the inclusion of the chief executive officer of an area health board in the Senior Executive Service under the Public Sector Management Act 1988; and
(b)
make necessary consequential changes with respect to the employment of the chief executive officer of an area health board.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
AUCTIONEERS AND AGENTS ACT 1941 No. 28
Amendments
Section 23 (Procedure):
In section 23 (9) (e), before "or by counsel", insert "or the
General Manager".
Section 36B (Unclaimed trust moneys held by a former
licensee):
From section 36B (a), omit "in or to the effect of the form prescribed", insert instead "in the form approved by the Minister".
Section 36C (Duties of Council in relation to unclaimed
moneys in trust accounts):From section 36C (3), omit "him", insert instead ''the
Council".
Section 38B (Inspection of records):
(a) From section 38B (2AA), omit "Council,", insert instead "General Manager,". (b) From section 38B (3) and (6), omit "Council or “wherever occurring, insert instead "General Manager or an". Section 51B (Objection to registration as a real estate dealer): From section 51B (3) (e), omit "or the Council", insert instead ''or the General Manager".
Section 57 (Procedure):
From section 57 (9) (d) and (12), omit "him" wherever occurring, insert instead "the Council". Section 72 (Levies):
From section 72 (3), omit "Council" where firstly occurring, insert instead "General Manager".
Section 85A (Live stock auctions - warranty as to certain diseases and conditions):
(a)
After "consumption" in section 85A, insert "(and is certified in writing by an inspector appointed under the Stock
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS — continued
Diseases Act 1923 or a meat inspector appointed under the
Meat Industry Act 1978 to be unfit)".
(b) After "disease" where firstly and lastly occurring in section 85A, insert "or condition". (c) At the end of the section, insert: (2) A regulation prescribing a disease or condition for the purposes of this section is not to be made unless the Minister for Agriculture and Rural Affairs has recommended the making of the regulation.
Explanatory note
Prescribed diseases and conditions (item (8))At present section 85A provides that a purchaser of livestock condemned as unfit for human consumption because of a prescribed disease is entitled to damages from the vendor.
The proposed amendments provide:
(a) that conditions may also be prescribed for the purposes of the section; and (b)
that the Minister for Agriculture and Rural Affairs is to recommend the making of regulations which prescribe any such disease or condition; and
(c)
that an inspector under the Stock Diseases Act 1923 or a meat inspector under the Meat Industry Act 1978 will be required to certify that livestock is unfit for human consumption because of a prescribed disease or condition before a purchaser is entitled to damages.
Statute law revision (items (1)–(7))
The proposed amendments are consequential on the amendments to the Act made by the Real Estate Services Council Act 1990 (in particular, the replacement of the Council of Auctioneers and Agents by the Real Estate Services Council).
BANKS AND BANK HOLIDAYS ACT 1912 No. 43
Amendment
Section 19:
Omit the section, insert instead:
Appointment of special bank holidays19. (1) The Governor may, by proclamation published in the Gazette, appoint a special day or part of a special day to be observed as a public holiday or half-holiday throughout New South Wales.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
(2) The proclamation is to be published at least 7 days
before the public holiday or half-holiday is to be observed.
(3) The Minister may, by notice published in the
Gazette, appoint a special day or part of a special day to
be observed as a public holiday or half-holiday in any localgovernment area, part of a local government area or other
part of New South Wales.
(4) The notice is to be published at least 7 days before the public holiday or half-holiday is to be observed.
(5) If it appears to the Minister that circumstances have arisen making it impracticable or inconvenient for a special day or part of a special day appointed by the Minister to be observed as a public holiday or half-holiday, the Minister may, by notice published in the Gazette or in a newspaper circulating in the part of New South Wales in which the holiday is to be observed, cancel the appointment and may, if it is appropriate, appoint instead another special day or part of a special day to be observed as a public holiday or half-holiday in the area concerned.(6) A notice published under subsection (5) is to give as much notice as is practicable in the circumstances.
(7) Any special day or part of a special day appointed to be observed as a public holiday or half-holiday is to be kept as a close holiday or half-holiday in all banks within the area mentioned in the proclamation or notice and, in relation to bills of exchange and promissory-notes payable on the special day or part of a special day so appointed, is to be regarded as a bank holiday or half-holiday in the area.
Explanatory note
At present section 19 enables the Governor to appoint public holidays for either the whole of the State or certain localities only.
The proposed amendment will recast section 19 so as to enable the Minister (instead of the Governor) to appoint public holidays in local government areas, parts of local government areas and other parts of the State while retaining the Governor's powers to appoint public holidays throughout the State. The amendment will also confer a new power on the Minister to cancel or postpone a holiday appointed by the Minister in appropriate circumstances (for example, when the day for a country show is cancelled because of floods). The amendment will avoid the need for the
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
Governor to make numerous appointments of public holidays limited to particular localities.
BISHOPSGATE INSURANCE AUSTRALIA LIMITED
ACT 1983 No. 81
Amendments
(1) Section 10 (Application of fund): After "fund" in section 10 (1) (c) (i), insert “(including such management fee, not exceeding the maximum amount (if any) prescribed, as is reasonable having regard to the work involving the fund)".
(2) Section 15 (Entitlements payable after dissolution of the
Company):
From section 15 (2), (3) and (4), omit "Government Insurance Office" wherever occurring, insert instead "WorkCover Authority".
Commencement
The amendments to the Bishopsgate Insurance Australia Limited Act 1983 commence on a day or days to be appointed by proclamation.
Explanatory note
The Act establishes a fund under the management of the Government Insurance Office (GIO) to meet the workers compensation liabilities of the insolvent Bishopsgate Insurance Australia Limited ("the Company”). The Act requires certain licensed insurers to pay contributions to the fund to meet those liabilities. After dissolution of the Company the Act provides for remaining entitlements to be paid out of the Insurers' Contribution Fund.
Management fees (item (1))
The proposed amendment to section 10 (1) (c) (i) removes any doubt as to whether or not the GIO is entitled to be paid management fees from the fund established by the Act as part of the costs of administration of the fund.
Obsolete references to manager of Insurers' Contribution Fund (item (2))
The proposed amendments to section 15 (2)–(4) update references to the manager of the Insurers' Contribution Fund (formerly the GIO and now the WorkCover Authority).
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
COMMERCIAL TRIBUNAL ACT 1984 No. 98
Amendment
Section 37A:
After section 37, insert:
Power to correct decisions of the Tribunal
37A. (1) If a decision made by the Tribunal in respect of any proceedings before it contains:(a) a clerical mistake; or
(b)
an error arising from an accidental slip or omission; or
(c)
a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or
(d) a defect of form,
the Tribunal, of its own motion or on the application of a
party to the proceedings, may correct the decision.
(2) In this section:
"decision" includes any judgment, order and
determination of the Tribunal, and the reasons for a
decision.
Explanatory note
The proposed amendment enables the Commercial Tribunal to correct errors of a clerical or technical nature contained in decisions made by the Tribunal in respect of proceedings before it.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
COMMUNITY JUSTICE CENTRES ACT 1983 No. 127
Amendments
Schedule 1 (Constitution and Procedure of Council):
(a) Omit clause 3 (Age of members).
(b) After "Minister;" in clause 5 (1) (h), insert ''or''. (c)
From clause 5 (1) (i), omit "member; or", insert instead "member.".
(d) Omit clause 5 (1) (J).
Explanatory note
The proposed amendments remove the restriction that prevents a person who is
of or above the age of 65 years from being eligible to be appointed as, or fromcontinuing to hold office as, a member of the Community Justice Centres Council
COMMUNITY LAND DEVELOPMENT ACT 1989 No. 201
Amendment
Schedule 11 (Initial unit entitlements):
After “lots” wherever occurring in clauses 2 and 3, insert
"(as if the lots were vacant)".
Explanatory note
The proposed amendment makes it clear that the unit entitlements lodged with a community plan, precinct plan or neighbourhood plan are assessed on the basis of the value of the land as if it was vacant.
COMMUNITY SERVICE ORDERS ACT 1979 No. 192
Amendment
Section 16 (Duration of community service order):
After "order" in section 16 (2) (b), insert "(or the total number of accumulated hours specified by a court pursuant to section 7 (2))".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
Explanatory note
At present, if the number of hours of community service work to be performed by a person in respect of whom a community service order is made exceeds 300 hours, the order expires after the period of 18 months. The proposed amendment makes it clear that if a court specifies that the hours to be performed by a person in respect of whom an order is made are to be additional to or concurrent with those specified in any other order made in respect of the person, and the total number of accumulated hours exceeds 300, the order expires after the period of 18 months.
COMMUNITY WELFARE ACT 1987 No. 52
Amendments
(1) Section 38 (Co-ordination of welfare services for victims of
declared disasters):
From section 38 (2), omit "State Emergency Services and Civil Defence Act 1972", insert instead "State Emergency and Rescue Management Act 1989".
(2) Section 56 (Presiding member may compel attendance of
witnesses etc.):
From section 56 (1) (a), omit "personally or by post".
(3) Sections 74A and 74B:
After section 74, insert:
Service o f documents etc.
74A. (1) Any document or other instrument authorised
or required by this Part to be served on a person issufficiently served if the document or other instrument is:
left with a person who is apparently of or above the
age of l 6 years at, or sent by post to, the address last
known to the Tribunal of the person on whom the
document or other instrument is to be served; or
where no address of the person is known to thedelivered personally to the person; or be prescribed by the regulations.
If such a document or instrument is published or otherwise dealt with as referred to in subsection (1) (c), it
Statute Law (Miscellaneous Provisions) (No. 2) 1998
SCHEDULE 1—MINOR AMENDMENTS— continued
is taken to have been served at such time as may be
prescribed by the regulations.
Notices etc. to be written in other languages
74B. (1) If:
(a) the Tribunal is required, by or under this Act, to cause a document or other instrument to be served on any person; and (b) it appears to the Tribunal that the person is not literate in the English language but is literate in another language, the Tribunal is, in so far as it is reasonably practicable, to cause the document or other instrument to be written in that other language.
(2) Failure to comply with subsection (1) does not vitiate any thing done under any other provision of this Act.
Explanatory note
Notices (items (2) and (3))
Proposed section 74A makes provision for the service of documents and other instruments by the Community Welfare Appeals Tribunal. Proposed section 74B provides for the service of such notices in languages other than English where this appears to be appropriate and is reasonably practicable.
A consequential amendment is made to section 56.
Statute law revision (item (1))
The proposed amendment to section 38 updates a reference to a repealed Act by replacing it with a reference to the Act that replaced it.
CONFISCATION OF PROCEEDS OF CRIME ACT 1989 No. 90
Amendments
Section 18 (Forfeiture orders):
After "section 13 (1) (a)" wherever occurring in section 1 8
( l ) and (4), insert ''or ( 2)”.
Commencement
The amendments to the Confiscation of Proceeds of Crime Act 1989 commence
(or are taken to have commenced) on the day appointed by proclamation for the
commencement of Division 2 of Part 2 of that Act.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Explanatory note
Although section 13 (1) (a) and (2) of the Act provide for applications for forfeiture orders against tainted property to be made in respect both of serious offences other than drug trafficking offences and drug trafficking offences, the provisions of Division 2 of Part 2 make provision only for orders in respect of serious offences other than drug trafficking offences. The proposed amendment to section 18 will remove this inconsistency.
CONVEYANCING ACT 1919 No. 6
Amendments
(1) Section 52A (Contracts for sale of land):
Omit section 52A (6), insert instead:(6) The regulations may make provision for or with respect to the remedies and relief available to a purchaser under a contract for the sale of land and the penalties which may be incurred by a vendor under such a contract:
(a)
for any failure or refusal to comply with any of the provisions of this section or the regulations made for the purposes of this section; and
(b)
for any breach of a term, condition or warranty deemed to be included in the contract under this section.
Section 66ZA (Option to contain certain terms, conditions and warranties): Omit section 66ZA (2), insert instead:
(2) The regulations may make provision for or with respect to the remedies and relief available to a purchaser under an option to purchase residential property and the penalties which may be incurred by a vendor under such an option:
(a)
for any failure or refusal to comply with any of the provisions of the regulations made for the purposes of this section; and
(b)
for any breach of a term, condition or warranty deemed to be included in the option under this section.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
Explanatory note
Section 52A of the Act requires a vendor to attach prescribed documents to the contract for the sale of land and also deems the vendor to have included prescribed terms, conditions and warranties in the contract. Similarly, section 66ZA of the Act deems a vendor under an option to purchase residential property to have included prescribed terms, conditions and warranties in the option.The proposed amendments provide that the regulations under sections 52A (6 ) (which currently enables regulations to be made for or with respect to the remedies and relief available to a purchaser and the penalties which may be incurred by a vendor for failing or refusing to comply with the section or regulations) and 66ZA (2) (which currently enables regulations to be made for the same purpose in respect of options for the purchase of residential property) may make similar provision for the breach of a prescribed term, condition or warranty deemed to be included in the contract or in the option to purchase.
CRIMES ACT 1900 No. 40
Amendments
(1) Section 360A (Indictment etc of corporations): After section 360A (6), insert:
(6A) In subsection (6), "imprisonment" includes penal servitude.
(2) Section 405H (Warning to jury): From section 405H, omit "or Magistrate" wherever occurring.
(3) Section 476 (Indictable offences punishable summarily with
consent of accused):
(a) After section 476 (6) (e), insert:
(ea) any offence mentioned in section 109 where:
(i) the felony intended is stealing or (ii)
the felony alleged is stealing and the value of the property stolen does not exceed
$ 1 5,000,
and the person charged was neither armed with an offensive weapon or instrument, nor in company with a person so armed;
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
(b) Before "(f)" in section 476 (6) (i), insert "(ea),".
Commencement
Item (1) of the amendments to the Crimes Act 1900 commences or is taken to have commenced on the commencement of Schedule 2 (1) to the Crimes (Amendment) Act 1989.
Item (2) of the amendments to the Crimes Act 1900 is taken to have commenced on 12 November 1990 (the commencement of Schedule 1 (2) to the Crimes (Child Victim Evidence) Amendment Act 1990).
Item (3) of the amendments to the Crimes Act 1900 commences on a day to be appointed by proclamation.
Explanatory note
Indictment of corporations (item (1))
Schedule 2 (1) of the Crimes (Amendment) Act 1989 substitutes section 360A (6 ) of the Crimes Act 1900. The new subsection was intended to increase the pecuniary penalties that may be imposed on a body corporate but to otherwise retain the effect of the existing provision. The proposed amendment will ensure that the substituted provision has the effect intended by including in section 360A an interpretation provision contained in the existing subsection.
Warning to jury (item (2))
The proposed amendment removes unnecessary references to Magistrates.
Indictable offences punishable summarily with consent of accused (item (3))The proposed amendments to section 476 will enable certain indictable offences under section 109 of the Act (and the offences of attempting to commit and being an accessory to such an offence) to be punished summarily with the consent of the accused. The amendments will ensure that the offences are able to be dealt with in a manner that is consistent with that applicable to the related offences under sections 112 (break, enter and steal), 111 (enter a dwelling-house at night with intent to steal) and 113 (breaking and entering with intent to steal).
CRIMINAL APPEAL, ACT 1912 No. 16
Amendments
(1) Section 2 (Definitions): Renumber section 2 (2) (a l l ) as section 2 (2) (a1).
(2) Section 28 (Rules of court): From section 28 (2) (h), omit “court”, insert instead "Rule
Committee of the Supreme Court”.Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Explanatory note
Rules of court (item (2))
Rules of court for the purposes of the Act are made under the Supreme Court Act
1970.
The proposed amendment to section 28 (2) (h) rationalises that provision by enabling rules to be made if, in the opinion of the Rule Committee of the Supreme Court (instead of the Court of Criminal Appeal), they are necessary or expedient forgiving effect to the Act.
Statute law revision (item (1))
The proposed amendment to section 2 renumbers an incorrectly numbered paragraph.
CROWN LANDS ACT 1989 No. 6
Amendments
(1) Section 19 (Appointment of Chairpersons and Senior Chairperson):
Omit section 19 (5), insert instead:
(5) If the Minister is satisfied that the Chairperson of a local land board:
(a) will be absent at a time when the board is to sit; or (b)
for any reason, will be unable to act, or should not act, at a particular sitting of the board,
the Minister may appoint a person to act as Chairperson
at the sitting.
(2) Section 53 (Release of easements):
From section 53 (1), omit "The Minister may, at any time that land having the benefit of an easement created under this Act or an Act repealed by this Act or by an Act so repealed is vested in the Crown", insert instead "Where an easement benefiting any Crown land or other land vested i n the Crown has been created in respect of the land, the Minister may, at any time".
(3) Section 78 (Definitions):
After "of a reserve" in the definition of "reserve trust", insert "or part of a reserve".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
Section 92 (Reserve trusts):
(a)
From section 92 ( l ) , omit "specified reserve", insert instead "specified reserve or part of a reserve".
(b)
After "the reserve" in section 92 (5), insert "(or part of the reserve)".
Section 93 (Membership of trust board):
(a)
Omit "Apart from ex officio members, a", insert instead “A”.
(b)
After "Gazette", insert "and such number of ex officio members as are so appointed".
Section 98 (Application of Local Government Act where a
council manages a reserve trust):After "and the reserve" in section 98 (l), insert "(or the part of the reserve)".
Section 102 (Consent of Minister to sale, lease, licence or
mortgage):
After "published" in section 102 (2), insert "in a newspaper circulating".
Sections 112 (Preparation of draft plan of management), 113
(Referral of draft plans):
In sections 112 and 113, before "plan" wherever occurring, insert "draft".
Section 117 (Appointment of administrator): At the end of section 117, insert: (2) Subject to this Act, an administrator holds office for such period as may be specified in the administrator's instrument of appointment.
Section 119 (Vacancies in office of administrator):
At the end of section 119, insert:
(2) The office of an administrator becomes vacant if the administrator:(a) completes a term of office; or
(b)
resigns the office by instrument in writing addressed to the Minister; or
Statute Law (Miscellaneous Provisions) (No. 2) I990
SCHEDULE 1—MINOR AMENDMENTS— continued
(e)
is removed from office by the Minister under this section.
(11) Section 129 (Minister may forfeit holdings):
At the end of the section, insert:
(4) In this section:
"holding" includes a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands
(Continued Tenures) Act 1989.
(12) Section 139 (Alterations of conditions or purposes and
suspension etc. of conditions):
(a)
After "be" in section 139 (1), insert "conditionally or unconditionally".
(b) At the end of the section, insert:
(4) If any such exemption is made, the Minister may redetermine the rent in respect of a holding for the remainder of the current rent redetermination period applicable to the holding.
(13) Section 145 (Certificate as to amount due):
At the end of the section, insert:
(3) In this section:
"holding" includes:
(a) an enclosure permit; and
(b) a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989; and
(c) any tenure, lease, licence or permit granted under the Crown Lands Acts which ceased to exist before the commencement of this Act.
(14) Section 171 (Exclusion of minerals, other reservations,
exceptions etc.):
After "Register" in section 171 (2), insert "in respect of land".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
(15) Section 177 (Certificate as to status of land etc.): At the end of the section, insert:
(3) In this section:
"holding" includes:
(a) an enclosure permit; and
(b)
a lease to the Commonwealth under Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989; and
(c)
any tenure, lease, licence or permit granted under the Crown Lands Acts which ceased to exist before the commencement of this Act.
(16) Schedule 3 (Provisions relating to the members of a trust
board):
(a) From clause 2 (l), omit "reserve trust'', insert instead "trust board". (b) From clause 2 (2), omit “is constituted", insert instead "board was constituted".
(17) Schedule 8 (Savings, transitional and other provisions): After clause 5, insert:
Administrators of reserves
5A. A person holding office (immediately before the commencement of Part 5) under section 37EE or 37FF of the Crown Lands Consolidation Act 1913 as administrator of a reserve is taken to have been appointed as administrator of the reserve trust under Part 5 which replaced the reserve for which the administrator was appointed if, on that commencement, that reserve trust is not managed by a trust board with members appointed under section 93 or by a corporation appointed under section 95.
Commencement
Item (17) of the amendments to the Crown Lands Act 1989 is taken to have commenced on 1 May 1990 (the commencement of that Act).
l9
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SCHEDULE 1—MINOR AMENDMENTS—continued
Explanatory note
Reserve trusts (items (4) and (5))
The proposed amendment to section 92 makes it clear that the Minister may, when establishing a reserve trust, appoint it as trustee of part of a reserve. Items (3) and (6) are consequential.The proposed amendment to section 93 makes it clear that a trust board (which
manages the affairs of a reserve trust) is comprised of at least 3 but not more than 7 members plus such number of ex officio members as are appointed by the Minister. Item (16) is consequential.
Plans of management (item (8))
The proposed amendments to sections 112 and 113 make it clear that the plans of management for a reserve that are prepared and referred to the Minister before being adopted by the Minister are draft plans of management.
Administrators of reserve trusts (items (9), (10) and (17))
Proposed sections 117 (2) and 119 (2) make it clear that the administrator of a reserve trust holds office for the period for which the administrator is appointed by the Minister and also provide that the office becomes vacant if the administrator completes a term, resigns or is removed by the Minister. The proposed amendment to Schedule 8 provides for the saving of the appointment of administrators under the repealed Crown Lands Consolidation Act 1913.
Holdings (items (11), (13) and (15))
The proposed amendment to section 129 provides that a holding (which the Minister may declare to be forfeited) includes a lease to the Commonwealth. The proposed amendments to sections 145 and 177 enable certification to be given under the Act in respect of matters relating to certain tenures, leases, licences or permits which ceased to exist before the Crown Lands Act 1989 commenced and to certain other leases.
Miscellaneous (items (l), (2), (7), (12) and (14))
The proposed amendment to section 19 rationalises a provision relating to the appointment of persons to sit as Chairpersons of a local land board in the absence of the Chairperson. In its present form, a Chairperson must inform the Minister that a Chairperson will not be present at a meeting before the Minister can appoint a person to act as Chairperson. The provision as amended will enable the Minister to do so if satisfied that this is the case although not so informed.
The proposed amendment to section 53 clarifies a provision relating to the Minister's power to release easements benefiting Crown lands.The amendment to section 102 makes it clear that notice of the Minister's intention to give consent to the sale etc. of land by a reserve trust is to be published in a newspaper circulating in the locality in which the land is situated.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
The proposed amendments to section 139 provide:
(a) for the conditional or unconditional alteration, modification, addition or revocation of a condition attaching to a holding; and (b) that if the Minister has exempted the holder of a holding from complying with a condition attaching to the holding, the Minister may redetermine the rent for the remainder of the current rent redetermination period applicable to the holding. The proposed amendment to section 171 makes it clear that the folio of the Register created by the Registrar-General is created in respect of land.
CROWN LANDS (CONTINUED TENURES) ACT 1989 No. 7
Amendments
(1) Schedule 2 (Provisions applicable to continued tenures etc.):
At the end of Part 5 of Schedule 2, insert:
Occupancy after expiration of lease for a term
6. The holder of a special lease for a term who, with the consent of the Minister, remains in possession of land after the expiration of the special lease, does so as a tenant from month to month
(a)
at a rent per month equal to one-twelfth of the yearly rent; and
(b) subject to the conditions,
applicable to the lease immediately before its expiration.
(2) Schedule 5 (Rent etc.):
From clause 7, omit "more", insert instead "less".
From clause 9 (5), omit "subclause (6)”, insert instead
"subclause (7) or (7A)".
After clause 9 (7), insert:
(7A) If a lease to which this clause applies is an irrigation farm lease of an area of 2 hectares or less created by a subdivision, the Minister is to redetermine the rent of the lease as at the date of the approval of the subdivision and
after that at 5-yearly intervals. Statute Law (Miscellaneous Provisions) (No. 2) 1990 SCHEDULE 1—MINOR AMENDMENTS—continued
(3) Schedule 7 (Purchase of land held under lease):
From clause 2 (1) (b) of Part 1 , omit "subclause (2)”, insert instead "subclauses (2) and (3)".
After clause 9 (2) of Part l , insert:(2A) For the purposes of subclause (2) (a), the purchase price of a closer settlement lease is the capital value only of the lease as shown in the records of the Department and does not include any balance of the capital value owing to the Crown for structural or other improvements in respect of the land.
From clause 9 (1) of Part 2, omit "as at the date of the application to purchase the land", insert instead
"immediately before the commencement of this clause".
After "commencement" in clause 9 (2) (a) of Part 2, insert
“, subject to any adjustment under subclause (4)".
note
Special leases (item (1)) The proposed amendment to Schedule 2 provides for the holding over of a special lease that has expired in the same way as other term leases under the Act are held over when expired Rent (item (2)) The proposed amendments to Schedule 5 provide that the Minister is to give at least 3 months' notice before the end of a yearly lease of any redetermination of rent and for the redetermination by the Minister of rent and the setting of a redetermination period for irrigation farm leases of less than 2 hectares in area. Before the repeal of the Crown Lands Consolidation Act 1913, the redetermination of rent and the setting of a redetermination period for irrigation farm leases of less than 2 hectares in area was dealt with under Part 6 of that Act in the same way as that proposed by the amendment. Purchase of land held under lease (item (3))
The proposed amendments to Schedule 7:(a)
clarify that the purchase price of a closer settlement lease is the capital value only of the lease as shown in the records of the Department of Lands and is not to include any balance of the capital value owing to the Crown for structural or other improvements of the land (any such debts that are outstanding in respect of the lease will continue to be payable to the Crown under the Act); and
(b)
make it clear that the purchase price of land held under a lease in an irrigation area is 20 times the annual rent of the lease immediately before
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
the commencement of the clause being amended (that is, 1 May 1990)
instead of as at the date of the application to purchase the land.
DENTAL TECHNICIANS REGISTRATION ACT 1975 No. 40
Amendments
(1) Section 6 (Constitution of Dental Technicians Registration
Board):
(a) Omit section 6 (1) (a), insert instead:
(a)
one shall be a person nominated by the Minister, being a person who is not a dental technician or a dentist within the meaning of the Dentists Act 1989;
(b) Omit section 6 (2), insert instead:
(2) The member referred to in subsection (1) (a):
(a) is to be an officer of the Department of Health, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929; and (b) is, in and by the relevant instrument of appointment as a member, to be appointed as chairman of the board. (2A) The Minister may, from time to time, appoint a member to act in the office of chairman of the board during the illness or absence of the chairman, and the member, while so acting, has all the functions of the chairman and is taken to be the chairman.
(2) Section 9 (Meetings of the board): Omit section 9 (2), insert instead:
(2) The chairman of the board or, in the absence of the chairman, another member elected as chairman for the meeting by the members present is to preside at a meeting of the board.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Explanatory note
The proposed amendments to section 6 enable the Minister to nominate an employee of an area health service or public hospital for appointment as a member of the Dental Technicians Registration Board and make provision for the Minister to appoint an acting chairman of that Board (item (1)). The proposed amendment to section 9 is consequential (item (2)).
DENTISTS ACT 1989 No. 139
Amendments
(1) Section 8 (Membership of the Board): Omit section 8 (2) (b) (iii), insert instead:
(iii) a person nominated by the Minister, being an officer of the Department of Health, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929; and
(2) Schedule 1 (Provisions relating to the members and procedure
of the Board):From clause 6 (2) (b), omit "of the Department of Health", insert instead "or employee referred to in that subparagraph".
Explanatory note
The proposed amendment to section 8 enables the Minister to nominate an employee of an area health service or public hospital for appointment as a member of the Dental Board (item (1)). The amendment to Schedule 1 is consequential (item (2)).
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
DISTRICT COURT ACT 1973 No. 9
Amendments
(l) Section 18 (Acting Judges):
After section 18 (3), insert
(3A) The person so appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period.
(2) Section 18D (Meetings of the Rule Committee): After section 18D (7), insert
(8) The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Rule Committee for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Rule Committee.
Explanatory note
Acting judges (item (1))
The proposed amendment to section 18 will make it clear that Acting or Associate Judges of the District Court may complete any part-heard matter and deliver or edit reasons for judgment despite the expiration of the period of their appointments.
Rule Committee (item (2))
The proposed amendment to section 18D will enable the Rule Committee to transact business outside its meetings.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
DRIED FRUITS ACT 1939 No. 7
Amendment
Section 7:
Omit the section, insert instead:
Election of members and terms of office
7. (1) An election of members is to be held during August 1991 and then during August in each third year after August 1991.
(2) An elected member.
(a)
takes office on 1 September in the year in which an election is held; and
(b)
holds office, subject to this Act, for a term of 3 years; and
(c)
‘is eligible, if otherwise qualified, for re-election from time to time as a member.
Transitional
An elected member of the New South Wales Dried Fruits Board holding office immediately before the date of assent to this Act, being a member whose term of office would expire on 28 February 1991, is taken to have been elected for a term expiring on 31 August 1991.
Explanatory noteThe proposed amendment enables an election of members of the Dried Fruits Board to be held every3 years in August (instead of February). Provision is also made for the existing elected members to continue in office until elections are held in August 1991 even though their terms of office would otherwise expire in February 1991.
ENVIRONMENTAL RESTORATION AND REHABILITATION
TRUST ACT 1990 No. 24
Amendments
(1) Section 6: Omit the section, insert instead:
Objects of the Trust
6. The objects of the Trust are:
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
to encourage and support restoration and rehabilitation projects in both the public and private sectors that will or are likely to reduce pollution, the waste-stream or environmental degradation, of any kind, within the geographical area of operations of the Water Board; and
throughout the State. to provide for emergency pollution clean-up
(2) Section 7 (Functions of the Trust):
Omit "object", insert instead "objects".
Commencement
The amendments to the Environmental Restoration and Rehabilitation Trust Act 1990 commence on a day to be appointed by proclamation.
Explanatory noteSection 14 of the Act enables the Trust to expend income from investment of the Environmental Restoration and Rehabilitation Trust Fund on measures for the removal, dispersal or mitigation of serious pollution when those measures need to be taken immediately. In its present form, section 6 might be read as limiting such expenditure to measures within the geographical area of operations of the Water Board. The proposed amendments will ensure expenditure may be made on emergency measures throughout the State.
FISHERIES AND OYSTER FARMS ACT 1935 No. 58
Amendment
Section 42 (Returns):
After section 42 ( l ) , insert: (1A) The notice may require that a return is to be furnished even if the operations in respect of which the return is required indicate a nil return.
Explanatory note
The proposed amendment provides that a notice of the Minister under section 42 of the Act which requires persons who are engaged in operations (such as the taking of fish for sale) to furnish returns as to the catch, may also require that returns are to be furnished in respect of the operations even if the return is a nil return.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
FLUORIDATION OF PUBLIC WATER SUPPLIES
ACT 1957 No. 58
Amendment
Section 4 (Fluoridation of Public Water Supplies Advisory
Committee):
Omit section 4 (2) (a), insert instead:
(a)
a person nominated by the Minister, being an officer of the Department of Health, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929; and
Explanatory note
The proposed amendment enables the Minister' to nominate an employee of an area health service or a public hospital as a member of the Fluoridation of Public Water Supplies Advisory Committee.
FOOD ACT 1989 No. 231
Amendments
(1) Section 77 (Advisory Committee): After "Department of Health" in section 77 (2) (a), insert", an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929".
(2) Schedule 1 (Members and procedure of the Food Advisory
Committee):
(a) Omit clause 5 (2) (b), insert instead
the member referred to in section 77 (2) (a) or that member's deputy appointed under clause 6 (or, in the absence of both the member and that member's deputy, another member of the committee elected by the members present) is to preside; and
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
(b) Omit clause 5 (3).
(c)
From clause 6 (Deputy presiding member), omit "of the Department of Health", insert instead "or employee referred to in that paragraph".
Explanatory note
The proposed amendment to section 77 enables the Minister to appoint an employee of an area health service or public hospital as a member of the Food Advisory Committee (item (1)). The proposed amendments to Schedule 1 are consequential (item (2)).
GOVERNMENT INSURANCE ACT 1927 No. 18
Amendments
(1) Section 3 (Incorporation of Government Insurance Office of
New South Wales):
Omit section 3 (3), insert instead:
(3) The corporate name of such body corporate is to be
"Government Insurance Office of New South Wales" or "GIO" and the use of either of those names by or in relation
to the Office is to have the same effect for all purposes as
the use of the other of them.
(2) Section 18A (References in certain documents to the GIO): Omit "It", insert instead "Without limiting the operation of section 3 (3), it".
Explanatory note
The proposed amendment will give statutory authority for the general practice of using the name "GIO" by or in relation to the Government Insurance Office of New South Wales.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
HAY IRRIGATION ACT 1902 No. 57
Amendment
Section 17A (Restrictions as to assigns of holdings):
From section 17A (1) (b), omit "the prescribed form", insert instead "a form approved by the Ministerial Corporation".
Explanatory note
The proposed amendment removes the need for the form of an application for the consent of the Water Administration Ministerial Corporation in respect of the transfer, lease or assignment of land to be prescribed by the regulations.
HUNTER WATER BOARD ACT 1988 No. 119
Amendments
(1) Section 13 (Area of operations): After section 13 (4) (a), insert:
(a1)
the function relates to drainage services and is exercised by the council of a local government area; or
(2) Section 23 (Exercise of certain functions in special areas): Before "not less" in section 23 (3) (a), insert "before the exercise of its functions,".
(3) Section 34 (Determinations by Board):
(a)
From section 34 ( l ) , omit "Before the end of each charging period the Board shall", insert instead "The Board must".
(b)
From section 34 ( l ) , omit "the next succeeding charging period", insert instead "a charging period".
(c) Omit section 34 (3), insert instead: (3) A determination under this section:
(a)
is required to be approved by the Minister and does not have effect unless it is so approved; and
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
is to be published in the Gazette; and
takes effect on the commencement of the firstcharging period to which it relates; and
periods until another determination is made under remains in force during subsequent charging this section.
(d)
Before "charging" wherever occurring in section 34 (4) and (6), insert "first".
(4) Section 35 (Assessment of service charges): From section 35 ( l ) , omit "After making a determination under section 34, the Board shall, in accordance with the determination", insert instead "Before or during each charging period the Board is required, in accordance with the determination in force under section 34, to".
Commencement
Item (1) of the amendments to the Hunter Water Board Act 1988 is taken to have commenced on 10 February 1989 (the day on which that Act commenced).Items (3) and (4) of the amendments to the Hunter Water Board Act 1988
commence on a day or days to be appointed by proclamation.
Explanatory note
Drainage functions (item (1))
The proposed amendment to section 13 makes it clear that the council of a local government area may exercise functions relating to drainage services within the area of operations of the Hunter Water Board.
Notice of exercise of functions by public agency (item (2))
The proposed amendment to section 23 makes it clear that a public agency is required to give 2 different kinds of notice to the Hunter Water Board under that section - one to enable representations to be made by the Board and another after the making of such representations if the agency intends to exercise functions contrary to the representations.
Determinations by Hunter Water Board (items (3) and (4))
At present under section 34, the Hunter Water Board must, before the end of each charging period, determine the amounts, factors, bases and rates at or on which service charges are to be levied for the next succeeding charging period. The proposed amendments to section 34 provide that a determination of the Board relating to the levying of service charges does not need to be made for each charging period but instead will remain in force and apply to successive charging periods until
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
another determination is made by the Board (item (3)). The proposed amendment
to section 35 is consequential (item (4)).Items ( l ) , (3) and (4) are similar to amendments made in respect of the Water Board Act 1987 set out elsewhere in this Schedule.
Item (2) is an amendment similar to that made to the Water Board Act 1987 by the Statute Law (Miscellaneous Provisions) Act 1989.
IRRIGATION ACT 1912 No. 73
Amendments
(1) Section 7B (Water rights etc. on conversion or purchase): From section 7B (5), omit “, as the case may be".
(2) Section 11C (Conversion of leaseholds): From section 11C (3) (a), omit "or as may be prescribed". Section 11E (Reappraisement of purchase money and rentals): From section 11E (3) (c), omit "may be prescribed", insert instead "the Minister may determine in respect of the member".
(3) Explanatory note
Removal of requirement to prescribe certain matters (items (2) and (3))
The proposed amendment to section 11C removes the need to prescribe certain covenants in connection with the sale of land.
The proposed amendment to section 11E provides that certain members of the Board constituted under section 11E of the Act for the purposes of determining certain purchase money and rentals are entitled to be paid a fee determined by the Minister instead of a fee prescribed by the regulations.
Statute law revision (item (1))
The proposed amendment to section 7B omits unnecessary words.
JURY ACT 1977 No. 18
Amendment
Section 63 (Failure to attend for jury service):
From section 63, omit "2 penalty units", insert instead "5 penalty units".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Commencement
The amendment to the Jury Act 1977 commences on a day to be appointed by proclamation.
Explanatory note
The proposed amendment increases from 2 penalty units to 5 penalty units
(currently $500) the maximum penalty under section 63 of the Act for failure to
attend for jury service.
LAW FOUNDATION ACT 1979 No. 32
Amendments
Schedule 1 (Constitution and procedure of Board of
Governors):(a) Omit clause 3 (Age of appointed members).
(b) After successor;" in clause 8 (h), insert "or". (c) From clause 8 (i), omit "17; or", insert instead "17.". (d) Omit clause 8 (j).
Explanatory note
The proposed amendments remove the restriction that prevents a person who is of or above the age of 70 years from being eligible to be appointed as, or from continuing to hold office as, an appointed member of the Board of Governors of the Law Foundation.
LEGAL AID COMMISSION ACT 1979 No. 78
Amendments
(1) Section 8 (Part-time commissioners): After "Commonwealth" in section 8 (1) (b1), insert "to represent the Attorney-General".
(2) Schedule 2 (Provisions relating to the constitution and membership of the Commission):
(a) Omit clause 2 (Age of commissioner).
(b) After "matter;" in clause 7 (g) (ii), insert "or''.
(c) From clause 7 (h), omit "Minister; or'', insert instead "Minister.".
Statute Law (Miscellaneous Provisions) (No. 2) 1990SCHEDULE 1—MINOR AMENDMENTS—continued
(d) Omit clause 7 (i).
Commencement
Item (1) of the amendments to the Legal Aid Commission Act 1979 commences on a day to be appointed by proclamation.Explanatory note
Part-time commissioners (item (1))The proposed amendment to section 8 will provide that the part-time commissioners nominated by the Attorney-General of the Commonwealth are to represent the Attorney-General on the Legal Aid Commission.
The amended provision will read (in part) as follows:
8. (1) The part-time commissioners shall consist of:
(b1) 2 persons nominated by the Attorney-General of the Commonwealth to
represent the Attorney-General;
[Matter to be inserted is shown in bold type.]
Removal of age restriction (item (2))
The proposed amendments to Schedule 2 remove the restriction that prevents a person who is of or above the age of 65 years from being eligible to be appointed as, or from continuing to hold office as, a commissioner under the Act.
LEGAL PROFESSION ACT 1987 No. 109
Amendment
Schedule 7 (The Legal Fees and Costs Board):
From clauses 3 (4) and 5, omit "(other than the
Chairperson)" wherever occurring.
Commencement
The amendment to the Legal Profession Act 1987 is taken to have commenced on 1 November 1989 (the day on which Schedule 3 to the Legal Profession (Amendment) Act 1989 commenced).Explanatory note
The proposed amendment will enable the Chairperson of the Legal Fees and Costs Board to be paid remuneration (including travelling and subsistence allowances) determined by the Attorney General from time to time. The amendment is consequential on amendments made by the Legal Profession (Amendment) Act 1989 which removed the requirement that the Chairperson be a judicial member of the Industrial Commission.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
MARITIME SERVICES ACT 1935 No. 47
Amendment
Section 38 (Board may make regulations):
From section 38 (3) (d) (ii), omit "four hundred dollars", insert instead “$1,500”.
Explanatory note
The proposed amendment increases the maximum penalty that may be imposed for a breach of regulations made under the Act (other than those made under section 38 (2) (c) of the Act for the purpose of preventing, prohibiting or regulating things likely to cause certain pollution by dangerous goods or volatile or furnace or lubricating oil etc.) from $400 to $1,500. An example of an offence for which the maximum penalty is currently $400 is Regulation 3 (1) of the Water Traffic Regulations - N.S. W. which involves the navigation of a vessel on any enclosed water recklessly or negligently or at such a speed or in any other way that is dangerous or likely to cause injury or damage. The maximum penalty has not been increased since 1972.
MEDICAL PRACTITIONERS ACT 1938 No. 37
Amendments
(1) Section 5 (The Board): After "Department of Health" in section 5 (4) (a), insert “, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929".
(2) Schedule 2 (Provisions relating to the members of the Board):
From clause 7 (2) (a), omit “of the Department of Health",
insert instead "or employee referred to in that paragraph".Explanatory note
The proposed amendment to section 5 enables the Minister to nominate an employee of an area health service or public hospital for appointment as a member of the New South Wales Medical Board (item (1)) . The proposed amendment to Schedule 2 is consequential (item (2)).
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
MENTAL HEALTH ACT 1990 No. 9
Amendments
(1) Section 84 (Release of persons after review):
From section 84 (2), omit "must", insert instead "may”.
(2) Section 85 (Treatment etc. of persons found not guilty by
reason of mental illness and forensic patients after review by
Tribunal):
After "recommended" in section 85 (l), insert "or ordered".
(3) Section 131 (Making of community treatment orders): After section 131 (2), insert:
(2A) Before the expiration of a community treatment order affecting a person, the Tribunal or a Magistrate may, on the application of the Director of the health care agency responsible for implementing the community treatment order, make a community treatment order for implementation by a health care agency in relation to the person.
(2B) At the hearing of an application under subsection (2A), there is to be presented a written report of the psychiatric case manager of the person subject to the community treatment order then in force as to the efficacy
of the order.
(4) Schedule 4 (Constitution, membership and meetings of the Psychosurgery Review Board):
(a) From clause 1 (2) (f), omit "Australian and New Zealand College of Psychiatrists", insert instead "Royal Australian and New Zealand College of Psychiatrists". (b) After clause 8, insert: Liability of members
9. A matter or thing done by a member in good faith for the purpose of executing this Act does not subject the member personally to any action, liability, claim or demand.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1 —MINOR AMENDMENTS—continued
Commencement
Item (4) (a) of the amendments to the Mental Health Act 1990 is taken to have commenced on 3 September 1990 (the day on which that Act commenced).
Explanatory note
Release of forensic patients after review (items (1) and (2))
Under Part 2 of Chapter 5 (Forensic patients) of the Act the Mental Health Review Tribunal may recommend the release of a forensic patient after review of the patient's case. Section 84 (which is modelled on section 119 of the Mental Wealth Act 1983 ("the former Act")) enables the Attorney General to object to the person's release on certain grounds. Section 84 (2) presently provides that the prescribed authority i.e., depending on the circumstances, the Governor-General, the Governor or the Minister) must order the person's release if the Attorney General does not indicate an objection within 30 days of notification of the Tribunal's recommendation. This contrasts with section 119 (6) of the former Act which provided that the prescribed authority may order release. The Steering Committee on Mental Health in its Report to the Minister for Health on the Mental Health Act 1983 (p. 66, para 4.17) recommended that such powers be discretionary.The proposed amendment to section 84 (2) (item (1)) will ensure that the provision operates as intended.
The amended provision will read as follows:
(2) If, within 30 days after the date of any such notification, the Attorney General has not indicated any such objection to the person's release, the prescribed authority [must] may, subject to the regulations, make an order (either unconditionally or subject to conditions) for the person's release.
[Matter to be omitted is shown in italic type and matter to be inserted is shown
in bold type.]A consequential amendment is made to section 85 (item (2)).
Community treatment orders (item (3))
Under section 131 of the Act, the Mental Health Review Tribunal or a Magistrate may make a community treatment order to be implemented by a health care agency in relation to a person who is a temporary patient or continued treatment patient in a hospital or a person the subject of an inquiry under Part 2 o f Chapter 4. The orders may be made on the application of a medical superintendent of a hospital, during review of the patient's case or during the course of the inquiry.
Section 135 (3) makes it clear that further community treatment orders may be made in respect of the person. However section 131 does not specify who may make applications for such orders when the person is not a temporary patient or continued treatment patient in a hospital or the subject of a review or inquiry. The proposed amendment to section 131 will enable the Director of the health care agency implementing an order to make an application for a further order. The application will be required to be made within the duration of the preceding order.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Liability of members of Psychosurgery Review Board (item (4) (b))
Proposed clause 9 of Schedule 4 will exculpate members of the Psychosurgery Review Board from personal liability for matters or things done in good faith for the purpose of executing the Act. The provision is similar to clause 20 of Schedule 5 to the Mental Health Act 1983.
Statute law revision (item (4) (a))
The proposed amendment to clause 1 of Schedule 4 corrects a misdescription of an organisation that nominates panels from which certain members of the Psychosurgery Review Board are selected.
MOTOR VEHICLES TAXATION ACT 1988 No. 111
Amendment
Section 3 (Definitions):
At the end of paragraph (b) of the definition of "pensioner" in section 3 (l), insert:
; or
(b1)
who is a woman who is the holder of a Dependant Treatment Entitlement Card issued on behalf of the Commonwealth Department of Veterans' Affairs and:
(i)
in the case of a woman who is of or above the age of 60 years - is entitled to receive an age pension under the Social Security Act 1947 of the Commonwealth at the maximum rate applicable under section 41 of that Act; or
(ii)
in the case of a woman who is under the age of 60 years - would be entitled (if she were, in fact, of or above the age of 60 years) to so receive an age pension at that maximum rate,
Explanatory note
The proposed amendment extends pensioner status to any war widow who holds a Dependant Treatment Entitlement Card and whose income is less than that (currently $267 per week) above which an age pensioner ceases to be entitled to an age pension at the maximum rate. The effect of the amendment is to entitle such a
Statute Law (Miscellaneous Provisions) (No. 2) I990
SCHEDULE 1—MINOR AMENDMENTS—continued
war widow to an exemption from motor vehicle tax in respect of a single motor
vehicle owned by her.
NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT
1984 No. 157
Amendments
(1) Section 12 (Search warrants):
(a) From section 12 ( l ) , omit "of the Authority". (b) From section 12 (1) (a), omit "Authority has", insert instead "member has".
(c)
From section 12 (1) (b), omit "the Authority", insert instead "the member".
(d)
From section 12 (8) (b), omit "the Authority shall", insert instead "a member is to".
(e)
From section 12 (9), omit "The Authority”, insert instead "A member".
(f)
From section 12 (9), omit "the Authority', insert instead ''the member".
(2) Section 13 (Application by telephone for search warrants):
(a)
From section 13 (1), omit "the Authority considers", insert instead "a member considers".
(b)
From section 13 (1), omit "a member of the Authority", insert instead "the member".
(3) Section 15 (Order for delivery to Authority of passport of
witness):
(a) From section 15 (l), omit "of the Authority".
(b)
From section 15 (3), omit "by the Authority", insert instead "by a member".
(c)
From section 15 (4), omit "the Authority shall", insert instead "a member is to".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
(4) Section 16 (Hearings):
(a) From section 16 (2), omit "or acting members". (b) Omit section 16 (3), insert instead:
(3) The Chairman is to preside at all hearings at which the Chairman is present.
(3A) If the Chairman is not present at a hearing at which there are 2 or more members, the members present are to elect one of their number to preside at that hearing.
(3B) Questions arising at a hearing are to be determined by a majority of the votes of the members present.
(3C) The person presiding at a hearing has a
deliberative vote, and, if necessary, also has a casting vote.(3D) The Authority may regulate the conduct of
proceedings at a hearing as it thinks fit.
(c) From section 16 (7), omit "or an acting member". (d) After section 16 (9), insert:
(9A) Subject to subsection (9B), the Chairman may, in writing, vary or revoke a direction under subsection (9).
(9B) The Chairman must not vary or revoke a direction if to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence.
(5) Section 17 (Power to summon witnesses and take evidence):
(a) From section 17 (l), omit "or an acting member". (b) From section 17 (3), omit ''unless the Authority', insert instead "unless the member issuing the summons". (c) From section 17 (4), (5) (a) and (b), omit "or acting member" wherever occurring. (d) From section 17 (6), omit "or by a person acting as Chairman". (6) Section 18 (Power to obtain documents): From section 18 ( l ) , omit "or acting member" wherever occurring.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
Section 19 (Failure of witness to attend and answer questions):
(a) From section 19 (l), omit "or an acting member". (b)
From section 19 (2) and (3), omit "or acting member" wherever occurring.
Section 20 (Warrant for arrest of witness): After "chambers" in section 20 (l) , insert "or the Supreme
Court".
After ''the Judge" in section 20 (l) , insert "or the Supreme
Court".
After "Federal Court" wherever occurring in section 20 (3)
and (4), insert "or the Supreme Court".
After "Judge" where secondly, thirdly and fourthly
occurring in section 20 (3), insert "or the Supreme Court''.After "Judge" where secondly, thirdly, fourthly, fifthly and
sixthly occurring in section 20 (4), insert "or the Supreme
Court".Section 21 (Applications to Federal Court of Australia):
From section 21 (9), omit "as the Authority', insert instead
"as a member".
Sections 24 (Protection of witnesses etc.), 29 (Protection of
members etc.), 30 (Appointment of Judge as member not to
affect tenure etc.) and 31 (Secrecy):
Omit ''or acting member" wherever occurring.
Sections 25 (Contempt of Authority) and 29 (Protection of
members etc):
Omit “or an acting member" wherever occurring.
Section 27 (Powers of acting members of the Authority):
(a) Chairman". After "Act" in section 27 (l) , insert ''and is taken to be the (b)
After "Act" in section 27 (2), insert "and is taken to be the member".
Section 31 (Secrecy):
From section 31 (3), omit "or acting member's".
Statute Law (Miscellaneous Provisions) (No. 2) 1990 SCHEDULE 1—MINOR AMENDMENTS — continued
Commencement
The amendments to the National Crime Authority (State Provisions) Act 1984 commence on a day or days to be appointed by proclamation.
Explanatory note
The National Crime Authority (State Provisions) Act 1984 makes provision for the operation of the National Crime Authority in New South Wales. The Act is complementary to the National Crime Authority Act 1984 of the Commonwealth. The proposed amendments amend the State Act as a consequence of amendments to the Commonwealth Act made by the Crimes Legislation Amendment Act 1989 and the Crimes Legislation Amendment Act (No. 2) 1989 of the Commonwealth.
Hearings (item (4))
Section 16 (3) of the State Act requires the provisions of section 46 of the Commonwealth Act (Meetings of the Authority) to apply to hearings of the Authority as if the hearings were meetings. Section 46 of the Commonwealth Act has been amended (by the Crimes Legislation Amendment Act 1989 of the Commonwealth) to ensure that the Chairman of the Authority supports any decision made by the Authority and so give the Chairman clear responsibility for management decisions. It is therefore no longer appropriate to apply section 46 to hearings. Accordingly, the proposed substitution of section 16 (3) (item (4) (b)) will establish procedures for a hearing before the Authority. The amendment will complement an amendment made for the same reason to section 25 of the Commonwealth Act.
Proposed section 16 (9A) and (9B) (item (4) (d)) will enable a direction of the Authority relating to publication of evidence given before it and certain other matters to be varied or revoked by the Chairman. The amendment will remove the need for meetings of the Authority to review such directions.
Warrants for arrest of witness (item (8))
The proposed amendment to section 20 (item (8)) will enable the State Supreme Court to issue warrants for the arrest of National Crime Authority witnesses who have absconded or are likely to abscond. It complements an amendment to section 31 of the Commonwealth Act made by the Crimes Legislation Amendment Act (No. 2) 1989 of the Commonwealth.
References to Authority changed to references to member
The Crimes Legislation Amendment Act 1989 of the Commonwealth included a number of amendments intended to streamline the Authority's day-to-day operations by reducing the need for meetings of the Authority. The amended provisions provide for a member of the Authority to exercise functions formerly executed by the Authority (for example, a member will be able to apply for a telephone search warrant if the member (instead of the Authority) considers it is necessary to do so).
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
The proposed amendments to the following provisions make complementary amendments to the State Act:
section 12 (item (1)) section 13 (item (2)) section 15 (item (3)) section 17 (3) (item (5) (b))
section 21 (item (9)).
Acting members
The Crimes Legislation Amendment Act 1989 of the Commonwealth removes a number of unnecessary references to "acting member". The proposed amendments to the following provisions make complementary amendments to the State Act:section 16 (2) and (7) (item (4) (a) and (c))
section 17 (l) , (4), (5) (a) and (b) and (6) (item (5) (a), (c) and (d))
section 18 (item (6))
section 19 (item (7))
sections 24, 29, 30 and 31 (item (10))
sections 25 and 29 (item (1 1))section 31 (item (13)).
The references to acting members are no longer necessary because:
(a) section 27 of the Act (as amended (item 12)) provides that a person acting as Chairman or a member has all the powers and functions of the Chairman or member and is to be taken to be the Chairman or member; and (b) section 48 (2) of the Interpretation Act 1987 provides that if an Act imposes a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned. NATIONAL PARKS AND WILDLIFE ACT 1974 No. 80
Amendment
Section 5 (Definitions):
From the definition of "take or kill" in section 5 ( l ) , omit
"or kill".
Explanatory note
At present under the Act, the expression "take or kill" is defined as a composite term to include, in relation to offences concerning fauna, hunt, shoot, poison, net, snare, spear, pursue, capture, disturb, lure or injure fauna. The word "kill", however, does not need to be so defined in relation to the offence of killing fauna.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS— continued
NEW SOUTH WALES INSTITUTE OF PSYCHIATRY ACT
1964 No. 44
Amendment
Section 5 (Members of the Institute):
After "Department of Health" in section 5 (2) (b), insert “, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929".
Explanatory note
The proposed amendment enables the Minister to nominate an employee of an area health service or public hospital for appointment as a member of the New South Wales Institute of Psychiatry.
NEW SOUTH WALES STATE CANCER COUNCIL ACT
1955 No. 25
Amendment
Section 5 (Members of Council):
Omit section 5 (1) (a), insert instead:
(a)
one shall be a medical practitioner nominated by the Minister, being a medical practitioner who is an officer of the Department of Health, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929;
Explanatory note
The proposed amendment enables the Minister to nominate an employee of an area health service or public hospital for appointment as a member of the New South Wales State Cancer Council.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
NURSES REGISTRATION ACT 1953 No. 10
Amendment
Section 5 (Members of the Board):
Omit section 5 (2) ( f) , insert instead:
(f)
1 shall be a registered nurse nominated by the Director-General of the Department of Health, being a registered nurse who is an officer of that Department, an employee of an area health service constituted under the Area Health Services Act 1986 or an employee of an incorporated hospital or separate institution within the meaning of the Public Hospitals Act 1929;
Explanatory note
The proposed amendment enables the Director-General of the Department of
Health to nominate a registered nurse who is an employee of an area health service or public hospital for appointment as a member of the Nurses Registration Board.
PESTICIDES ACT 1978 No. 57
Amendments
(1) Section 5 (Interpretation):
Insert in section 5 (1) in alphabetical order:
"approved form" means a form approved by the person for the time being holding office as the Chief, Division of Animal Health, Department of Agriculture and Fisheries;
(2) Sections 15 (Registration of certain labels prohibited), 41
(Manufacture of date-controlled pesticide), 46 (Application for certificate), 50 (Prohibited residue notices) and 53 (Powers of inspectors):
Omit "prescribed form" wherever occurring, insert instead
"approved form".
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 1—MINOR AMENDMENTS—continued
(3) Section 18 (Duties of Registrar):
After section 18 (2), insert:(2A) Subsection (2) does not require the Registrar to keep more than one sample of a number of labels that are identical except for particulars relating to net contents.
(4) Section 22 (Fees to be paid): After section 22 (2), insert:
(3) If the fees payable for 2 successive prescribed periods in respect of a registered pesticide have not been paid by the end of the second of those periods, registration of the pesticide expires.
Item (3) of the amendments to the State Drug Crime Cornmission Act 1985 is taken to have commenced on 3 August 1990 (the date of commencement of Schedule
1 (12) to the State Drug Crime Commission (Amendment) Act 1990).
Explanatory note
The proposed amendments update references to the names of certain bodies and omit unnecessary words.
STATE DRUG CRIME COMMISSION (AMENDMENT) ACT
1990 No. 50
Amendments
Schedule 3 (Amendment of Defamation Act 1974):
(a)
From item (l), omit "Section 17M", insert instead "Section 17L".
(b) From item (l), omit "17M (1)", insert instead "17L (1)".
Explanatory note
The proposed amendments renumber a provision and correct an incorporating direction.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE LAW
REVISION - continued
STATE POLLUTION CONTROL COMMISSION ACT
1970 No. 95
Amendment
Section 6 (Constitution of the Commission):
From section 6 (2) (a1), omit "one shall be".
Explanatory note
The proposed amendment removes unnecessary words.
STATUTE LAW (MISCELLANEOUS PROVISIONS) (No. 2) ACT
1989 No. 132
Amendment
Schedule 2 (Amendments by way of statute law revision):
From item (4) (a) of the matter relating to the Library Act
1939, omit "sitting alone".
Explanatory note
The proposed amendment removes unnecessary words contained in an amendment.
STRATA TITLES ACT 1973 No. 68
Amendment
Section 60 (Power of body corporate to carry out work):
After "80" (wherever occurring), insert “(1)”.
Explanatory note
The proposed amendment rectifies incorrect cross-references.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE LAW
REVISION - continued
STRATA TITLES (LEASEHOLD) ACT 1986 No. 219
Amendment
Section 67 (Encroachments):
After "if” in section 67 (2) (b) (ii), insert "it".
Explanatory note
The proposed amendment corrects a grammatical error consisting of the omission
of a word.
VICTIMS COMPENSATION ACT 1987 No. 237
Amendment
From the heading to Schedule 2, omit “OTHER” where secondly occurring.
Explanatory note
The proposed amendment omits an unnecessary word,
WATER ACT 1912 No. 44
Amendments
(1) Section 61 (Conduits and drains): Before "board" in section 61 (2), insert "local land".
(2) Section 133D (Imposition and modification etc, of certain
conditions):
From section 133B (3), omit "A", insert instead "An".
Commencement
The amendment to section 61 is taken to have commenced on 11 May 1990 (the day on which items (1) and (5)-(l 6) of the amendments to the Water Act 1912 in Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No. 3) 1989 commenced).
Explanatory note
The proposed amendments update a reference to a local land board and correct a grammatical error.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 3 - REPEALS
(Sec. 4)
Farmers' Relief (Amendment) Act 1934 No. 13** Farmers' Relief (Amendment) Act 1938 No. 25** Farmers' Relief (Amendment) Act 1941 No. 53** Crown Lands (Amendment) Act 1960 No. 32**
Crown Lands (Amendment) Act 1964 No. 7**Crown Lands and Closer Settlement (Amendment) Act 1968
No. 61**
Crown Lands and Other Acts (Amendment) Act 1970 No. 28**
Racing (Amendment) Act 1971 No. 63**
Crown Lands and Other Acts (Amendment) Act 1975 No. 70**Crown Lands and Other Acts (Rents and Interest Rates) Amendment
Act 1975 No. 96**
Closer Settlement (Amendment) Act 1978 No. 29**
Crown Lands (Amendment) Act 1978 No. 31**
Crimes (Compensation) Amendment Act 1979 No. 101**Pure Food (Amendment) Act 1979 No. 179** Crown Lands (Amendment) Act 1980 No. 4** Closer Settlement (Amendment) Act 1980 No. 5**
Crown Lands (Miscellaneous Provisions) Amendment Act 1982 No.
6***
Closer Settlement (Miscellaneous Provisions) Amendment Act 1982 No. 7***
Supreme Court (Adoption of Children) Amendment Act 1982 No.38***
Crown Lands (Special Lease Rents) Amendment Act 1983 No. 29**
Dentists (Amendment) Act 1983 No. 159**
Ambulance Services (Amendment) Act 1983 No. 163**Public Health (Emergency Medical Treatment) Amendment Act 1983
No. 209**
Colleges of Advanced Education (Amendment) Act 1984 No. 152** Foreign Judgments (Reciprocal Enforcement) (Commercial
Arbitration) Amendment Act 1984 No. 163**
Public Health (Proclaimed Diseases) Amendment Act 1985 No. 183* * Sale of Goods (Registrable Interests) Amendment Act 1986 No. 39** Criminal Appeal (Mental Illness) Amendment Act 1986 No. 94**
Search Warrants (Exhibited Animals) Amendment Act 1986 No.
124**
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 3 - REPEALS - continued
Public Health (Necropolis) Amendment Act 1986 No. 146**
Roman Catholic Church Communities’ Lands (Amendment) Act 1986
No. 191**
Prisons (Release on Licence Board) Amendment Act 1987 No. 138** Crimes (Personal and Family Violence) Amendment Act 1987 No.
184* * Criminal Appeal (Amendment) Act 1987 No. 251**
Crimes (Railway Safety) Amendment Act 1987 No. 294**
Recreation Vehicles (Amendment) Act 1988 No. 15**
Dog (Amendment) Act 1988 No. 62**Foreign Judgments (Reciprocal Enforcement) Amendment Act 1988
No. 65**
Crimes (Child Prostitution) Amendment Act 1988 No. 115**
State Authorities Non-contributory Superannuation (Amendment)
Act 1988 No. 135**
State Authorities Superannuation (Amendment) Act 1988 No. 136** Defamation (Independent Commission Against Corruption)
Amendment Act 1989 No, 29**
Public Finance and Audit (Public Accounts) Amendment Act 1989 No.
57**
Crimes (Computers and Forgery) Amendment Act 1989 No. 71**
Criminal Appeal (Mental Disorder) Amendment Act l989 No. 102**
Forestry (Amendment) Act 1989 No. 111**
Public Finance and Audit (Amendment) Act 1989 No. 193**Public Health (Proclaimed Diseases) Amendment Act 1989 No. 206**
Note:
**
indicates repeal of amending Act whose provisions have been included in a reprint and which contains no provision of substantive effect that needs to be retained or which amends a repealed’ Act
*** indicates repeal of Act containing uncommenced provisions Explanatory note
The repeals are explained in detail in the explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 3 - REPEALS - continued
Section 30 (2) of the Interpretation Act 1987 ensures that when an amending Act is repealed no amendment made by the Act is affected. Section 30 (2) also ensures that the following matters are not affected:
(a) the proof of any past act or thing; (b) any right, privilege, obligation or liability saved by the operation of the Act; (c) any validation made by the Act. SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
(Sec. 5)
Effect of amendment of amending provisions
1. (1) An amendment made by Schedule 2 to an amending provision contained in an Act will, if the amending provision has commenced before the date of assent to this Act, be taken to have effect as from the commencement of the amending provision.
(2) In this clause:
"amending provision" means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes
a direct amendment of an Act by
(a)
the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter; or
(b)
the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter; or
(c)
the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act,
whether the provision was enacted before or after the
commencement of the Reprints Act 1972.
Explanatory note
This clause ensures that amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) will commence on the date the amendments to which they relate commenced.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND
OTHER PROVISIONS - continued
Effect of amendment or repeal on acts done or decisions made
2. Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act; or
(b) repeals and re-enacts (with or without modification) 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 repealed.
Explanatory note
This clause ensures that the amendment or repeal of a provision will not, unless
expressly otherwise provided, vitiate any act done or decision made under the
provision as in force before the amendment or repeal.
Validation of certain fees
3. (1) The charging and collection of fees by the Roads and Traffic Authority from 1 July 1990 to 19 July 1990 under the relevant regulatory provisions, being fees that might properly have been so charged and collected if those provisions were then in force, is validated.
(2) The charging and collection of fees by the Roads and Traffic Authority from l July 1990 to 14 July 1990 (the day on which the Transport Licensing Act 1931 was repealed by the Passenger Transport Act 1990), being fees of an amount not more than 8.3% above the fees specified in Schedule G to the Transport Licensing Regulations 1931 as in force on 1 July 1990, is validated.(3) In this clause "relevant regulatory provisions" means:
(a)
Schedule C to the Motor Vehicle Driving Instructors Regulations 1962;
(b)
Schedule O to the Motor Vehicles (Third Party Insurance) Regulations;
(c)
items 3–7 of Schedule 4 to the Recreation Vehicles (General) Regulation 1985;
(d) Schedule E to the Tow-truck Regulations 1969,
as in force on 20 July 1990.
Statute Law (Miscellaneous Provisions) (No. 2) 1990
SCHEDULE 4 - GENERAL SAVINGS, TRANSITIONAL AND
OTHER PROVISIONS - continued
Explanatory note
The proposed clause validates the charging and collection of certain fees before the relevant provisions were amended to increase the fees. In the case of the fees under the Transport Licensing Regulations, amounts charged above the fees specified in the Regulations are validated.
The regulations to increase (in line with the general movement in prices) the fees were to have commenced on 1 July 1990 but were not gazetted until 20 July 1990 (or in the case of the Transport Licensing Regulations, were not gazetted at all because of the repeal of the Transport Licensing Act 1931 on 14 July 1990). The proposed clause is necessary to validate the charging and collection of fees during those periods when the increase in the amounts had not been given effect by gazettal of the regulations.
Regulations
4. (1) 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 State), the rights of that person existing before the date of its publication; or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Explanatory note
This clause enables the making of regulations of a transitional or saving nature having a short term effect relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.
Statute Law (Miscellaneous Provisions) (No. 2) I990
NOTES
Index of Acts amended by Schedules I and 2
Aboriginal Land Rights (Amendment) Act 1990 No. 60 - Sch. 2
Ambulance Services Act 1990 No. 16 - Sch. 2
Anti-Discrimination Act 1977 No. 48 - Sch. 1
Area Health Services Act 1986 No. 50 - Sch. 1
Auctioneers and Agents Act 1941 No. 28 - Sch. 1
Banks and Bank Holidays Act 1912 No. 43 - Sch. 1
Bishopsgate Insurance Australia Limited Act 1983 No. 81 - Sch. 1
Building Services Corporation Act 1989 No. 147 - Sch. 2
Charles Sturt University Act 1989 No. 76 - Sch. 2
Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No. 45 - Sch. 2
Commercial Tribunal Act 1984 No. 98 - Sch. 1
Community Justice Centres Act 1983 No. 127 - Sch. 1
Community Land Development Act 1989 No. 201 - Sch. 1
Community Land Management Act 1989 No. 202 - Sch. 2
Community Service Orders Act 1979 No. 192 - Sch. 1
Community Welfare Act 1987 No. 52 - Sch. 1
Confiscation of Proceeds of Crime Act 1989 No. 90 - Sch. 1
Conveyancing Act 1919 No. 6 - Sch. 1
Credit (Administration) Act 1984 No. 95 - Sch. 2
Credit Union Act 1969 No. 8 - Sch. 2
Crimes Act 1900 NO. 40 - Sch. 1
Crimes (Amendment) Act 1989 No. 198 - Sch. 2
Criminal Appeal Act 1912 No. 16 - Sch. 1
Crown Lands Act 1989 No. 6 - Sch. 1
Crown Lands (Continued Tenures) Act 1989 No. 7 - Sch. 1
Dental Technicians Registration Act 1975 No. 40 - Sch. 1
Dentists Act 1989 No. 139 - Sch. 1
District Court Act 1973 No. 9 - Sch. 1
Dried Fruits Act 1939 No. 7 - Sch. 1
Environmental Restoration and Rehabilitation Trust Act 1990 No. 24 - Sch. 1
Fisheries and Oyster F a r m Act 1935 No. 58 - Sch. 1
Fluoridation of Public Water Supplies Act 1957 No. 58
Food Act 1989 NO. 231 - Sch. 1
Funeral Funds Act 1979 No. 106 - Sch. 2
Gas Act 1986 No. 213 - Sch. 2
Government Insurance Act 1927 No. 1 8 - Sch. 1
Hay Irrigation Act 1902 No. 57 - Sch. 1
Health Administration Act 1982 No. 135 - Sch. 2
Hunter Water Board Act 1988 No. 119 - Sch. 1
Interpretation Act 1987 No. 1 5 - Sch. 2
Irrigation Act 1912 No. 73 - Sch. 1
Jury Act 1977 No. 1 8 - Sch. 1
Law Foundation Act 1979 No. 32 - Sch. 1
Legal Aid Commission Act 1979 No. 78 - Sch. 1Sch. 1 Statute Law (Miscellaneous Provisions) (No. 2) 1990
NOTES - INDEX O F ACTS AMENDED BY
SCHEDULES 1 AND 2 - continued
Legal Profession Act 1989 No. 109 - Sch. 1
Liquor Act 1982 No. 147 - Sch. 2
Maritime Services Act 1935 No. 47 - Sch. 1
Medical Practitioners Act 1938 No. 37 - Sch. 1
Mental Health Act 1990 No. 9 - Sch. 1Miscellaneous Acts (Disability Services and Guardianship) Repeal and Amendment
Act 1987 NO. 262 - Sch. 2
Miscellaneous Acts (Public Sector Executives Employment) Amendment Act 1989 NO. 105 - Sch. 2
Miscellaneous Acts (Public Sector Executives Superannuation) Amendment Act 1989 NO. 107 - Sch. 2Miscellaneous Acts (Theatres and Public Halls) Amendment Act 1989 No. 1 1 -
Sch. 2
Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984 No. 93 -
Sch. 2
Motor Vehicles Taxation Act 1988 No. l11 - Sch. 1
National Crime Authority (State Provisions) Act 1984 No. 157 - Sch. 1
National Parks and Wildlife Act 1974 No. 80 - Sch. 1
New South Wales Institute of Psychiatry Act 1964 No. 44 - Sch. 1
New South Wales State Cancer Council Act 1955 No. 25 - Sch. 1
Nurses Registration Act 1953 No. 10 - Sch. 1
Parole Orders (Transfer) Act 1983 No. 190 - Sch. 2
Permanent Building Societies Act 1967 No. 18 - Sch. 2
Pesticides Act 1978 No. 57 - Sch. 1
Pharmacy Act 1964 No. 48 - Sch. 1
Pharmacy (Amendment) Act l989 No. 224 - Sch. 1
Physiotherapists Registration Act 1945 No. 9 - Sch. 1
Podiatrists Act 1989 No. 23 - Sch. 1
Poisons Act 1966 No. 31 - Sch. 1
Prices Regulation Act 1948 No. 26 - Sch. 1
Prisons Act 1952 No. 9 - Sch. 1
Prisons (Amendment) Act 1988 No. 46 - Sch. 2
Prohibited Weapons Act 1989 No. 26 - Sch. 2
Protected Estates Act 1983 No. 179 - Sch. 1
Psychologists Act 1989 NO. 51 - Sch. 1
Public Finance and Audit Act 1983 No. 152 - Sch. 1
Public Sector Management Act 1988 No. 33 - Sch. 1
Radiation Control Act 1990 No. 1 3 - Sch. 1
Real Property Act 1900 No. 25 - Sch. 2
Registered Clubs Act 1976 No. 31 - Sch. 2
Reprints Act 1972 No. 48 - Sch. 2Returned Sailors and Soldiers’ Imperial League of Australia (New South Wales
Branch) Incorporation Act 1935 No. 39 - Sch. 1
Statute Law (Miscellaneous Provisions) (No. 2) 1990
NOTES - INDEX OF ACTS AMENDED BY
SCHEDULES l AND 2 - continued
Road Obstructions (Special Provisions) Act 1979 No. 9 - Sch. 1
Rural Lands Protection Act 1989 No. 197 - Sch. l
Small Business Development Corporation Act 1984 No. 119 - Sch. 1
Sporting Injuries Insurance Act 1978 No. 141 - Sch. 1
Stamp Duties Act 1920 No. 47 - Sch. 2
State Drug Crime Commission Act 1985 No. 117 - Sch. 2
State Drug Crime Commission (Amendment) Act 1990 No. 50 - Sch. 2
State Emergency and Rescue Management Act 1989 No. 165 - Sch. l
State Emergency Service Act 1989 No. 164 - Sch. 1
State Owned Corporations Act 1989 No. 134 - Sch. l
State Pollution Control Commission Act 1970 No. 95 - Sch. 2
Statute Law (Miscellaneous Provisions) (No. 2) Act 1989 No. 132 - Sch. 2
Statutory and Other Offices Remuneration Act 1975 (1976 No. 4) - Sch. 1
Stock (Artificial Breeding) Act 1985 No. 196 - Sch. 1
Stock (Chemical Residues) Act 1975 No. 26 - Sch. 1
Strata Titles Act 1973 No. 68 - Sch. 2
Strata Titles (Leasehold) Act 1986 No. 219 - Sch: 2
Supreme Court Act 1970 No. 52 - Sch. 1
Teacher Housing Authority Act 1975 No. 27 - Sch. 1
Therapeutic Goods and Cosmetics Act 1972 No. 14 - Sch. 1
Tow Truck Act 1989 No. 158 - Sch. 1
Traffic Act 1909 No. 5 - Sch. 1
Transport Administration Act 1988 No. 109 - Sch. 1
University of New England Act 1989 No. 67 - Sch. 1
University of Technology, Sydney, Act 1989 No. 69 - Sch. 1
Veterinary Surgeons Act 1986 No. 55 - Sch. 1
Victims Compensation Act 1987 No, 237 - Sch. 2
Water Act 1912 No. 44 - Sch. 2
Water Board Act 1987 No. 141 - Sch. 1
Wentworth Irrigation Act 1890 (54 Vic No. 7) - Sch. 1
Western Lands Act 1901 No. 70 - Sch. 1
Wilderness Act 1987 No. 196 - Sch. lWorkers Compensation Act 1987 No. 70 - Sch. 1
Alphabetical list of Acts repealed by Schedule 3
Ambulance Services (Amendment) Act 1983 No. 163
Closer Settlement (Amendment) Act 1978 No. 29
Closer Settlement (Amendment) Act 1980 No. 5
Closer Settlement (Miscellaneous Provisions) Amendment Act 1982 No. 7
Colleges of Advanced Education (Amendment) Act 1984 No. 152
Crimes (Child Prostitution) Amendment Act 1988 No. 115
Crimes (Compensation) Amendment Act 1979 No. 101
Crimes (Computers and Forgery) Amendment Act 1989 No. 71
Crimes (Personal and Family Violence) Amendment Act 1987 No. 184
Crimes (Railway Safety) Amendment Act 1987 No. 294Statute Law (Miscellaneous Provisions) (No. 2) 1990
NOTES - ALPHABETICAL LIST O F ACTS REPEALED BY
SCHEDULE 3 - continued
Criminal Appeal (Amendment) Act 1987 No. 251
Criminal Appeal (Mental Disorder) Amendment Act 1989 No. 102
Criminal Appeal (Mental Illness) Amendment Act 1986 No. 94
Crown Lands (Amendment) Act 1960 No. 32
Crown Lands (Amendment) Act 1964 No. 7
Crown Lands (Amendment) Act 1978 No. 31
Crown Lands (Amendment) Act 1980 No. 4
Crown Lands and Closer Settlement (Amendment) Act 1968 No. 61
Crown Lands and Other Acts (Amendment) Act 1970 No. 28
Crown Lands and Other Acts (Amendment) Act 1975 No. 70Crown Lands and Other Acts (Rents and Interest Rates) Amendment Act 1975
No. 96
Crown Lands (Miscellaneous Provisions) Amendment Act 1982 No. 6
Crown Lands (Special Lease Rents) Amendment Act 1983 No. 29Defamation (Independent Commission Against Corruption) Amendment Act 1989
No. 29
Dentists (Amendment) Act 1983 No. 159
Dog (Amendment) Act 1988 No. 62
Farmers’ Relief (Amendment) Act 1934 No. 13
Farmers’ Relief (Amendment) Act 1938 No. 25
Farmers’ Relief (Amendment) Act 1941 No. 53
Foreign Judgments (Reciprocal Enforcement) Amendment Act 1988 No. 65Foreign Judgments (Reciprocal Enforcement) (Commercial Arbitration)
Amendment Act 1984 No. 163
Forestry (Amendment) Act 1989 No. 111
Prisons (Release on Licence Board) Amendment Act 1987 No. 138
Public Finance and Audit (Amendment) Act 1989 No. 193
Public Finance and Audit (Public Accounts) Amendment Act 1989 No. 57
Public Health (Emergency Medical Treatment) Amendment Act 1983 No. 209
Public Health (Necropolis) Amendment Act 1986 No. 146
Public Health (Proclaimed Diseases) Amendment Act 1985 No. 183
Public Health (Proclaimed Diseases) Amendment Act 1989 No. 206
Pure Food (Amendment) Act 1979 No. 179
Racing (Amendment) Act 1971 No. 63
Recreation Vehicles (Amendment) Act 1988 No. 15
Roman Catholic Church Communities’ Lands (Amendment) Act 1986 No. 191
Sale of Goods (Registrable Interests) Amendment Act 1986 No. 39
Search Warrants (Exhibited Animals) Amendment Act 1986 No. 124State Authorities Non-contributory Superannuation (Amendment) Act 1988
No. 135
State Authorities Superannuation (Amendment) Act 1988 No. 136
Supreme Court (Adoption of Children) Amendment Act 1982 No. 38
[Minister's second reading speech made in -
Legislative Assembly on 21 November 1990
Legislative Council on 4 December 1990]
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