Statute Law (Miscellaneous Provisions) Act (No 2) 1991 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 2) 1991 No. 94
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
Animal Research Act 1985 No. 123
Anzac Memorial (Building) Act 1923 No. 27
Archives Act 1960 No. 46
Area Health Services Act 1986 No. 50
Australian Museum Trust Act 1975 No. 95
Board of Adult and Community Education Act 1990 No. 119
Boxing and Wrestling Control Act 1986 No. 11
Business Licences Act 1990 No. 72
Catchment Management Act 1989 No. 235
ChiIdren (Care and Protection) Act 1987 No. 54
Commercial Tribunal Act 1984 No. 98
Community Land Development Act 1989 No. 201
Community Land Management Act 1989 No. 202
Compensation Court Act 1984 No. 89
Construction Safety Act 1912 No. 38
Credit Act 1984 No. 94
Credit (Administration) Act 1984 No. 95
Crown Lands Act 1989 No. 6
Crown Lands (Continued Tenures) Act 1989 No. 7
Dangerous Goods Act 1975 No. 68
Dentists Act 1989 No. 139
District Court Act 1973 No. 9
ii
Statute Law (Miscellaneous Provisions) Bill (No. 2) 1991
Dried Fruits Act 1939 No. 7
Electricity Act 1945 (1946 No. 13)
Environmental Offences and Penalties Act 1989 No. 150
Exhibited Animals Protection Act 1986 NO. 123 Factories, Shops and Industries Act 1962 No. 43 Fair Trading Act 1987 No. 68Freedom of Information Act 1989 No. 5
Grain Marketing Act 1991 No. 15Health Administration Act 1982 No. 135
Industrial Arbitration Act 1940 No. 2
Interpretation Act 1987 No. 15
Irrigation Act 1912 No. 73Judges' Pensions Act 1953 No. 41
Land and Environment Court Act 1979 No. 204
Local Government Act 1919 No. 41
Lotto Act 1979 No. 53
Marine Administration Act 1989 No. 93Maritime Services Act 1935 No. 47
Medical Practitioners Act 1938 No. 37Motor Dealers Act 1974 No. 52
Nurses Act 1991 No. 9Occupational Health and Safety Act 1983 No. 20
Parliamentary Electorates and Elections Act 1912 No. 41
Pharmacy Act 1964 No. 48
Physiotherapists Registration Act 1945 No. 9Pipelines Act 1967 No. 90
Podiatrists Act 1989 No. 23
Police Association Employees (Superannuation) Act 1969 No. 33
Police Regulation (Superannuation) Act 1906 No. 28
Prisons Act 1952 No. 9
Psychologists Act 1989 No. 51
Public Finance and Audit Act 1983 No. 152Public Hospitals Act 1929 No. 8
Public Sector Management Act 1988 No. 33
Registration of Interests m Goods Act 1986 No. 39Residential Tenancies Act 1987 No. 26
Rural Assistance Act 1989 No. 97
Soccer Football Pools Act 1975 No. 45
State Authorities Non-contributory Superannuation Act 1987 No. 212
State Authorities Superannuation Act 1987 No. 211
State Owned Corporations Act 1989 No. 134Stock Diseases Act 1923 No. 34 Superannuation Act 1916 No. 28 Supreme Court Act 1970 No. 52 Sydney Market Authority Act 1968 No. 11
Transport Administration Act 1988 No. 109
Travel Agents Act 1986 No. 5Trustee companies Act 1964 No. 6
University of Western Sydney Act 1988 No. 90 Vocational Education and Training Accreditation Act 1990 No. 120
...
iii
Statute Law (Miscellaneous Provisions) Bill (No. 2) 1991
Water Board Act 1987 No. 141
Water Supply Authorities Act 1987 No. 140
Wesley College Incorporation Act 1910
Western Lands Act 1901 No. 70
Workers Compensation Act 1987 No. 70Workers Compensation (Benefits) Amendment Act 1989 No. 133
SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW REVISION
SCHEDULE 3—REPEALSSCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 2) 1991 No. 94
NEW SOUTH WALES
Act No. 94, 1991
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 17 December 1991]
Statute Law (Miscellaneous Provisions) (No. 2 ) 1991
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act
(No. 2) 1991.
Commencement
2. A provision of Schedule 1 or 2 to this Act commences as provided in the
Schedule. The other provisions of this Act commence on the date of assent.
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)
ANIMAL RESEARCH ACT 1985 No. 123
AMENDMENTS
(1) Section 3 (Definitions):
(a) After the definition of ‘‘director” in section 3 (1), insert:
‘‘Director-General” means the Director-General of the Department of Agriculture;
(b) Omit the definition of “Secretary”.
(2) The whole Act
Omit “Secretary” and “Secretary’s” wherever occurring, insert instead “Director-General” and “Director-General’s” respectively.
COMMENCEMENT
The amendments to the Animal Research Act 1985 commence on a day to be appointed by proclamation.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
EXPLANATORY NOTE
The proposed amendments provide for the Dirtctor-General of the Department of Agriculture to take over the functions of the Director-General of the Department of Local Government and Co-operatives under the Animal Research Act 1985. The Act is presently administered by the Minister for Agriculture and Rural Affairs.
ANZAC MEMORIAL (BUILDING) ACT 1923 No. 27
AMENDMENTS
Section 3 (Trustees):
(a)
Omit “The Managing Director of the Commonwealth Banking Corporation; ” .
(b) At the end of the section, insert:
(2) A trustee may appoint a person in writing as the trustee’s proxy to attend and vote at any specified meeting, of all meetings, of the trustees.
(3) A proxy appointed to attend and vote instead of a trustee has the same right as the trustee to speak at the meeting.
COMMENCEMENT
The amendments to the Anzac Memorial (Building) Act 1923 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments:
(a)
alter the constitution of the trustees of the Anzac Memorial Building by removing the Managing Director of the Commonwealth Banking Corporation (the bank was formerly closely involved with the trust but as this is no longer the case it is unneccesary for it to be represented in this way); and
(b)
enable a trustee to appoint a proxy to attend and vote instead of the trustee at meetings of the trustees.
ARCHIVES ACT 1960 No. 46
AMENDMENT
Section 4 (Members of the Authority):
Before “nominated” in section 4 (2) (a), insert “a member of either House of Parliament”.
COMMENCEMENT
The amendment to the Archives Act 1960 commences on the date of assent to this
Act.
SAVING
The member of the Archives Authority holding office under section 4 (2) (a) of the Archives Act 1960 immediately before the date of assent to this Act is taken to have
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
been appointed under that paragraph (as amended by this Act) for the balance of the
member’s term of office.
EXPLANATORY NOTE
The proposed amendment makes it clear that the member of the Archives Authority who is appointed on the joint nomination of the President of the Legislative Council and the Speaker of the Legislative Assembly is to be a member of a House of Parliament. The amended provision will read (in part) as follows:
(2) Of the members:
(a)
1 is to be a member of either House of Parliament nominated jointly by the Resident of the Legislative Council and the Speaker of the Legislative Assembly;
[Matter to be inserted is shown in bold type.]
AREA HEALTH SERVICES ACT 1986 No. 50
AMENDMENT
Section 31 (Investments):
Omit section 31 (1), insert instead:
(1) An area health service may invest money held by it:
(a)
in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987; or
(b)
if that Act does not confer power to invest money so held, in any manner authorised for the time being for the investment of trust funds and in any other manner approved by the Minister with the concurrence of the Treasurer.
COMMENCEMENT
The amendment to the Area Health Services Act 1986 commences on the date of assent to this Act.
EXPLANATORY NOTE
In its present form, section 31 may be misleading as it suggests that an area health service may only invest its funds (or any funds held on trust) in any manner authorised by the Trustee Act 1925 or the regulations under the Area Health Services Act 1986. However, by regulation under the Public Authorities (Financial Arrangements) Act 1987, most of the area health services have been given certain investment powers under that Act. The remaining area health services may at any time also have investment powers under that Act conferred on them by regulation. The proposed amendment updates the investment power provisions so that they reflect the current situation.
AUSTRALIAN MUSEUM TRUST ACT 1975 No. 95
AMENDMENT
Schedule 1 (Composition and procedure of the Trust):
From clause 9 (5), omit “Six”, insert instead “Five”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
COMMENCEMENT
The amendment to the Australian Museum Trust Act 1975 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment reduces, from 6 to 5, the number of trustees required to form a quorum at any meeting of the Australian Museum Trust (which currently consists of 9 trustees). The amendment will ensure that the provision is consistent with those of other Acts constituting governing bodies of cultural institutions (for example, the Art Gallery Trust, the Historic Houses Trust, the Museum of Applied Arts and Sciences and the Sydney Opera House Trust each have 9 trustees or members and the number required to form a quorum is currently 5).
BOARD OF ADULT AND COMMUNITY EDUCATION ACT
1990 No. 119
AMENDMENTS
(1) Section 5 (Membership of Board):
From section 5 (1) (e), omit “Executive Member”, insert instead
“Director ” .
(2) Section 9 (Staff of Board):
Omit “An Executive Member’, insert instead “A Director”.
COMMENCEMENT
The amendments to the Board of Adult and Community Education Act 1990 commence on the date of assent to this Act
EXPLANATORY NOTE
The proposed amendments change the name of the position of the Executive Member of the Board of Adult and Community Education to the Director of the Board
BOXING AND WRESTLING CONTROL ACT 1986 No. 11
AMENDMENTS
(1) Section 3 (Definitions):
In section 3 (1), insert in alphabetical order:
“boxing inspector” means a person appointed by the Authority as a boxing inspector for the purposes of this Act;
(2) Section 46 (Attendance of certain persons at weigh-in and contest):
(a)
From section 46 (b), omit “member of the police force authorised by the Commissioner of Police to attend the weigh-in”, insert instead “boxing inspector or a member”.
(b) Omit section 46 (c) (i), insert instead:
(i) a boxing inspector or member; and
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(3) Section 48 (Recording of boxer’s weight etc. at weigh-in):
(a) From section 48 (1), omit “the member of the police force”, insert instead “a boxing inspector or member”. (b) Omit section 48 (2), insert instead: (2) The boxing inspector or member must record in the medical book so produced:
(a) the boxer’s weight at the weigh-in; and
(b) such other particulars as may be prescribed.
(4) Sections 51 (Functions of examining medical practitioner), 58 (Obligations of medical practitioner after contest) and 60 (Boxing result sheet): From sections 51 (e) (i), 58 (d) (i) and 60 (1), omit “member of the police force” wherever occurring, insert instead “boxing inspector or member”.
(5) Section 61 (Forwarding of information):
(a) Omit section 61 (1), insert instead:(1) The boxing inspector or member present at a boxing contest,
pursuant to section 46 (c), is to send the original boxing result sheet
to the Authority (b) From section 61
when completed.
(2), omit “(a)”. (c) Omit section 61 (3).
(6) Section 63A:
After section 63, insert: Appointment of boxing inspectors 63A. (1) The Authority may appoint an officer of the Department of Sport, Recreation and Racing to be a boxing inspector for the purposes of this Act.
(2) A boxing inspector has such functions as are conferred or imposed on boxing inspectors by or under this Act.
(7) Section 73 (Rules):
In section 73 (1) (c), before “inspectors”, insert “boxing”.
COMMENCEMENT
The amendments to the Boxing and Wrestling Control Act 1986 commence on a day to be appointed by proclamation.
EXPLANATORY NOTE
The proposed amendments confer certain functions with respect to weigh-ins and boxing contests, at present exercised by the Commissioner of Police and police officers, on boxing inspectors appointed by the Boxing Authority and members of the Authority. The functions concerned are:
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
• to be present at the weigh-in for a boxing contest and at the contest
•
to record particulars (such as the weight of the boxer) in the medical record book produced by the boxer at the weigh-in
• to write up a boxing result sheet in relation to the contest.
In addition, boxing result sheets (which are presently filed by both the Authority and the Commissioner of Police) will be filed only by the Authority.
BUSINESS LICENCES ACT 1990 No. 72
AMENDMENTS
(1) Section 33 (Surrender of master or component licence):
After “may”, insert “(subject to the Licensing Acts)”.
(2) Schedule 3 (Amendment of other Acts):
After “ ‘shall not’ ’’ in item (13) (c) of the amendments relating to the Motor Dealers Act 1974, insert “where firstly occuring”.
COMMENCEMENT
The amendment to section 33 of the Business Licences Act 1990 commences on the commencement of the amendments made by Schedule 3 to that Act to the Motor Dealers Act 1974 or the Travel Agents Act 1986 (whichever is the earlier).
The amendment to Schedule 3 to that Act commences on the date of assent to this
Act.
EXPLANATORY NOTE
The proposed amendment to section 33 is consequential on the amendments to the Motor Dealers Act 1974 and Travel Agents Act 1986 set out elsewhere in this Schedule.
The proposed amendment to Schedule 3 to the Act clarifies an ambiguous incorporating direction.
CATCHMENT MANAGEMENT ACT 1989 No. 235
AMENDMENT
Section 9 (Membership of Co-ordinating Committee):
From section 9 (1) (o), omit ‘‘Fisheries and Oyster Farms Act 1935”, insert instead ‘‘Rural Lands Protection Act 1989”.
COMMENCEMENT
The amendment to the Catchment Management Act 1989 commences on the date of assent to this Act. TRANSITIONAL
The person holding office under section 9 (1) (o) of the Catchment Management Act 1989, as in force immediately before the date of assent to this Act, is taken to have been appointed for the balance of that person’s term of office under that section as amended by this Act.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
EXPLANATORY NOTE
The proposed amendment will ensure that the Minister for Agriculture and Rural Affairs will continue to nominate a person for membership of the State Catchment Management Co-ordinating Committee even though the Minister no longer administers the Fisheries and Oyster Farms Act 1935.
CHILDREN (CARE AND PROTECTION) ACT 1987 No. 54
AMENDMENT
Section 80 (Adjournments by authorised justices prior to hearings): After “hearing of” in section 80 (1) (b), insert ‘‘evidence in connection with”.
COMMENCEMENT
The amendment to the Children (Care and Protection) Act 1987 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment makes it clear that an authorised justice may adjourn proceedings on a care application at any time before the hearing of evidence in the application has commenced In its present form, the provision might be read as preventing an authorised justice doing so once any aspect of the proceedings has commenced.
COMMERCIAL TRIBUNAL ACT 1984 No. 98
AMENDMENT
(1) Section 22 (Notice and conduct of proceedings):
(a) After section 22 (1A). insert:
(1B) The Tribunal may require the Registrar to serve a notice referred to in subsection (1A) outside New South Wales.
(b) After “subsection (1A)” in section 22 (3). insert “or (1B)”.
(2) Section 32:
Omit the section, insert instead:
Costs32. The Tribunal may make such award as it thinks fit as to by whom, to whom and to what extent costs are to be paid in, or in relation to, proceedings before it.
(3) Section 36 (Service of documents):
At the end of section 36, insert:(2) In this section, a reference to the service of a document includes a reference to service of a document outside New South Wales.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
COMMENCEMENT
Items (1) and (3) of the amendments to the Commercial Tribunal Act 1984 commence
on a day to be appointed by proclamation.Item (2) of those amendments commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments to section 22 of the Act will enable the Tribunal to require
the Registrar to serve a notice (specifying the time and place for the holding of
proceedings before the Tribunal and the matters to which the proceedings relate and
directing the party to attend at that time and place) outside New South Wales. If the
party on whom such a notice has been served fails to attend, the proceedings may be
held in the absence of the party.
The proposed amendment to section 36 enables the Tribunal to make rules for the
service of documents for the purposes of or in relation to proceedings before the
Tribunal outside New South Wales.
Costs (item (2))Service of notice of proceedings etc (items (1) and (3)) award costs against a party to a proceeding. The proposed substitution of section 32 will make it clear that the Tribunal has 8 discretion as to the costs it may award.
COMMUNITY LAND DEVELOPMENT ACT 1989 No. 201
AMENDMENT
Section 3 (Definitions):
Omit the definition of “special resolution”, insert instead:
“special resolution” means a resolution:
(a)
that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5, or clause 15 of Schedule 6, to the Community Land Management Act 1989) of votes is cast; of
(b)
that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5, or clause 35 of Schedule 6, to the community Land Management Act 1989) of votes is cast; or
(c)
that is passed at a duly convened meeting of a neighbourhood association and against which not more than oen-quarter in value (ascertained in accordance with clause 40 of Schedule 5, or clause 55 of Schedule 6, to the Community Land Management Act 1989) of votes is cast; or
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(d)
that is passed at a duly convened meeting of a strata corporation and against which not more than one-quarter in value (ascertained in accordance with clause 11 (3) and (4) of Part 1 of Schedule 2 to the Strata Titles Act 1973 or clause 12 (3) and (4) of Part 2 of that Schedule) of votes is cast;
COMMENCEMENT
The amendment to the Community Land Development Act 1989 commences on the date of assent to this Act.
EXPLANATORY NOTE
The definition of “special resolution” presently refers to various provisions which provide for the manner of ascertaining the value of votes cast at meetings of a community association, precinct association, neighbourhood association or strata corporation. However, the relevant provisions do not, as was intended, make it clear that the vote required is 75% of the votes cast at the meeting concerned (as is currently required in the case of a special resolution of a body corporate under the Strata Titles Act 1973).
The proposed amendment will ensure that the definition of “special resolution” is consistent in this respect with the definition contained in the Strata Titles Act 1973.
COMMUNITY LAND MANAGEMENT ACT 1989 No. 202
AMENDMENT
Section 3 (Definitions):
Omit the definition of “special resolution”, insert instead:
“special resolution” means a resolution:
(a) that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5 or clause 15 of Schedule 6) of votes is cast; or (b) that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5 or clause 35 of Schedule 6) of votes is cast; or (c) that is passed at a duly convened meeting of a neighbourhood association and against which not more than one-quarter in value (ascertained in accordance with clause 40 of Schedule 5 or clause 55 of Schedule 6) of votes is cast; or that is passed at a duly convened meeting of a strata corporation and against which not more than one-quarter in value (ascertained in accordance with
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
clause 11 (3) and (4) of Part 1 of Schedule 2 to the Strata Titles Act 1973 or clause 12 (3) and (4) of Part 2 of that Schedule) of votes is cast;
COMMENCEMENT
The amendment to the Community Land Management Act 1989 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment is similar to the amendment to the Community Land
Development Act 1989 set out elsewhere in this Schedule.
COMPENSATION COURT ACT 1984 No. 89
AMENDMENT
Section 11 (Acting Chief Judge and acting Judges):
From section 11 (7), omit “a period served by the person in a prior judicial office within the meaning of section 8 (2) of the Judges’ Pensions Act 1953”, insert instead “prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person”.
COMMENCEMENT
The amendment to the Compensation Court Act 1984 commences on the commencement of the amendments to the Judges’ Pensions Act 1953 set out elsewhere in this Schedule.
EXPLANATORY NOTE
The proposed amendment is consequential on the amendments to the Judges’
Pensions Act 1953 set out elsewhere in this Schedule.
CONSTRUCTION SAFETY ACT 1912 No. 38
AMENDMENT
(1) Section 3 (Definitions):
(a) From the definition of “Hoist” in section 3 (1), omit "men-and-materials
hoist,”.
(b)
In the definition of “Lift” m section 3 (1), after “hoist”, insert ‘‘(other than any personnel and materials hoist)”.
(2) Section 17A (Riggers, dogmen, scaffolders, crane chasers etc.):
Insert, in alphabetical order, in section 17A (6):
“Hoist” includes any personnel and materials hoist.
COMMENCEMENT
The amendments to the Construction Safety Act 1912 commence on a day or days to be appointed by proclamation.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
EXPLANATORY NOTE
The proposed amendments to section 3 remove men-and-materials hoists from the definition of “hoist” in the Act. These hoists have developed to a point that they are now covered by the definition of “lift”. The amendments will enable the regulatory powers under the Act relating to the inspection of lifts to extend to this category of hoists and so provide for stricter safety requirements in respect of them.
The proposed amendment to section 17A is consequential.
CREDIT ACT 1984 No. 94
AMENDMENT
Section 95 (Order of court required before entry for repossession):
After section 95 (4), insert:
(5) The Tribunal may, on application by a mortgagee, make an order authorising the mortgagee (or a person authorised by the mortgagee to act on behalf of the mortgagee) to enter premises for the purpose of taking possession of goods subject to a mortgage.
COMMENCEMENT
The amendment to the Credit Act 1984 commences on the date of assent to this Act
EXPLANATORY NOTE
Section 95 of the Act provides that a mortgagee is not to enter premises (or authorise a person on behalf of the mortgagee to enter premises) for the purpose of taking possession of goods subject to a mortgage otherwise than in accordance with an order of a court. Section 6 of the Act defines “court” to include the Commercial Tribunal. Despite the clear intention that the Tribunal should be able to authorise a person to enter premises for this purpose there is no express authority for it to make such an order. The proposed amendment will specifically authorise it to do so.
CREDIT (ADMINISTRATION) ACT 1984 No. 95
AMENDMENTS
(1) Section 13 (Conditions of, and restrictions on, licence):
After section 13 (5). insert:
(6) Subsection (3) does not require the Tribunal to hold a hearing with respect to a condition or restriction imposed on a licence under section 23.
(2) Section 23 (Disciplinary action against licensee):
After section 23 (8) (f), insert:
(g)
impose a condition or restriction to which the licence is to be subject.
(3) Section 24 (Appeals):
After “13” in section 24 (1), insert “or 23 (8) (g)”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
(4) Section 26 (Endorsement of condition etc. of licence):
After “25 (3)”, insert “or a condition or restriction is imposed on the licence under section 23”.
COMMENCEMENT
The amendments to the Credit (Administration) Act 1984 commence on a day or days to be appointed by proclamation. SAVING
The amendment to section 23 of the Credit (Administration) Act 1984 does not apply to an inquiry held in relation to an objection lodged before the commencement of the amendment.
EXPLANATORY NOTE
Section 23 (8) of the Act enables the Commercial Tribunal to take various forms of disciplinary action against a person holding a credit provider’s licence or finance broker’s licence under the Act following an inquiry held by the Tribunal. The licensee is entitled to appear at the inquiry and be heard. The action that may be taken
includes suspending or cancelling the licence. The proposed amendment to Section 23 (item (2)) will expand the action the Tribunal may take to include the imposition of a condition or restriction on the licence.Consequential amendments are made to make it clear that if such conditions or restrictions arc imposed following an inquiry under section 23 the Tribunal need not hold an inquiry under section 13 (item (1)), to provide for appeals against the imposition of such conditions (item (3)) and to require the licensee concerned to produce the licence to the Registrar for endorsement of the condition or restriction (item (4)).
CROWN LANDS ACT 1989 No. 6
AMENDMENTS
(1) Section 34 (Powers of Minister):
Omit section 34 (7) (a), insert instead:
(a)
land within a travelling stock reserve under the control of a rural lands protection board; and
(2) Section 85 (Requirement for assessment):
At the end of the section, insert:
(2) No assessment is required if the Minister:
(a)
is satisfied that it is in the public interest to dedicate the land without assessing the land under Part 3; and
(b)
in dedicating the land, has had due regard to the principles of Crown land management,
(3) Section 91 (Requirement for assessment):
Omit section 91 (2). insert instead:
(2) No assessment is required if:
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(a)
the resentation is from sale or for future public requirements; or
(b)
the Minister is satisfied that it is in the public interest to reserve the land without assessing the land under Part 3 and, in reserving the land, has had due regard to the principles of Crown land management.
(4) Section 106 (Proceeds etc.):
(a)
From section 106 (1), omit “The”, insert instead “Compensation for the compulsory acquisition under any other Act of a reserve (or part of a reserve) or the”.
(b)
Before “proceeds” wherever occurring in section 106 (2) and (3), insert “compensation or the”.
(5) Section 153 (Definitions):
Insert in alphabetical order:
“interfere”, in relation to a substance on public land, includes removing, cutting, digging up, disturbing, displacing, stacking and heaping the substance;
“substance”, in relation to public land, includes plants, trees, timber, turf, stone, clay, shells, earth, sand and gravel;
(6) Section 155 (Offences on public land):
Omit section 155 (1) (h), insert instead:
(h)
interfere with any substance, whether on or in, or forming part of, public land; or
(7) Section 171 (Exclusion of minerals, other reservations, exceptions
etc.):
After “land” where firstly occurring in section 171 (1). insert “by a reserve trust under Part 5 of this Act or”.
COMMENCEMENT
The amendments to the Crown Lands Act 1989 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to sections 153 and 155 of the Crown Lands Act 1989 do not apply to an offence committed before the date of assent to this Act.
EXPLANATORY NOTE
Travelling stock reserves (item (1))
which includes land under the control of a rural lands protection board. The proposed amendment removes unnecessary references to certain land within a travelling stock
Statute LAW (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
reserve under the control of such a board in a definition of “Crown land” in that section. This will clarify the Minister’s power to grant licences over travelling stock reserves under the control of rural lands protection boards.
Land assessments
(items (2) and (3)) Crown does not include the sale, lease or disposal of any minerals contained m the land. The proposed amendment will put it beyond any doubt that the sale, lease or other disposal of land by a reserve trust under Part 5 of the Act does not include the sale etc. of any minerals contained in the land
The proposed amendments to sections 85 and 91 will enable the Minister to dispense
with a land assessment when dedicating Crown land for a public purpose or when
reserving Crown land. The Minister will need to be satisfied that it is in the public
interest to dedicate or reserve the land without assessing the land under Part 3 of the
Act and to have regard to the principles of Crown land management. The land
assessment concerned consists of the preparation of an inventory of Crown land,
assessment of the capabilities of the land and identification of suitable or preferred
uses of the land. An example of when such an assessment would be inappropriate is
where it is proposed to dedicate land under the Act for a purpose for which it is
already reserved.
A similar discretion to dispense with a land assessment is presently available to the
Minister under section 35 (2) of the Act when selling, leasing, licensing or otherwise
dealing with Crown land.
Application of money received as compensation (item (4))
Under section 106, the Minister may direct the manner in which a reserve trust is to
apply money received from a sale, lease, easement or licence. The proposed
amendments to section 106 will enable the Minister to give directions as to the
application by a reserve trust of money received from the compulsory acquisition of
reserved land under another Act.
Offences on public land (items (5) and (6))
The proposed amendments to sections 153 and 155 recast the existing offences
relating to the unlawful removal or interference with substances on public land so as
to provide for the one general offence instead of having a variety of offences. The
various examples of what constitutes “interference” and “substances” will be
contained in definitions of those terms. The amendments will simplify presentation of
the information in respect of such an offence, leaving the details of the activity
constituting the offence to be included in the particulars endorsed on the information.Sale etc. of land by reserve trusts (item (7))
CROWN LANDS (CONTINUED TENURES) ACT 1989 No. 7
AMENDMENT
Schedule 3 (Transfer restrictions):
(a)
From Part 1, omit clause 3, insert instead: Invalidation of transfers etc.
3. A transfer, lease, sublease, conveyance, assignment or other
dealing in contravention of this Part is not valid for any purpose.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(b) In Part 1, insert after clause 8 (6):
(7) In this clause:
“holder” includes a mortgagee in possession.
(c) In Part 1, insert after clause 10 (5):
(6) In this clause:
“holder” includes a mortgagee in possession.
COMMENCEMENT
The amendments to the Crown Lands (Continued Tenures) Act 1989 commence on the date of assent to this Act.
EXPLANATORY NOTE
Clause 2 of Part 1 of Schedule 3 presently provides that land to which the Part applies
may not be transferred, leased, subleased, assigned or otherwise dealt with without
the written consent of the Minister. Clause 3 of that Part provides that a transfer,
conveyance or assignment in contravention of the Part is not valid, but dots not refer
to leases, subleases or other dealings which would be invalid if obtained without the
Minister’s consent. The proposed amendment to clause 3 makes it clear that the
invalidation provision also includes leases, subleases and other dealings.
Definition of “holder”Invalidation of transfers etc. that mortgagees m possession arc included as persons who, under those clauses, may apply to the Minister for a certificate that the land concerned be transferred or otherwise dealt with without the Minister’s consent. This will bring the clauses into line with clause 9 of that Part which deals with the holder’s entitlement to request a valuation of the land (“holder” m that clause presently includes a mortgagee in possession).
DANGEROUS GOODS ACT 1975 No. 68
AMENDMENT
Section 41 (Regulations):
After section 41 (6). insert:
(7) A regulation may apply, adopt or incorporate any publication as in force from time to time.
COMMENCEMENT
The amendment to the Dangerous Goods Act 1975 commences on the date of assent to this Act.
EXPLANATORY NOTE
Section 42 of the Interpretation Act 1987 provides that if an Act authorises or requires provision to be made for or with respect to any matter by a regulation, the regulation may make provision for or with respect to that matter by applying, adopting or incorporating (with or without modification) the provisions of any publication. Under
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
section 69 of that Act such a publication may be applied, adopted or incorporated as in force on a particular day, on the day the regulation took effect or, if the Act authorising or requiring provision to be made specifically so provides, as in force from time to time.
The proposed amendment will enable the regulations to adopt publications (for example, national safety standards) as in force from time to time.
DENTISTS ACT 1989 No. 139
AMENDMENT
(1) Section 47 (Removal of name on account of misconduct etc.):
Omit section 47 (3), insert instead:
(3) A fine imposed under this section:
(a)
is to be paid to the Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct; and
(b)
may be recovered as a debt due to the Crown in a court of competent jurisdiction.
(2) Section 60 (Fees):
After “money” in section 60 (2), insert “(not being fines or penalties)”.
(3) Section 65 (Penalties):
Omit section 65 (2). insert instead:
(2) All penalties when recovered are to be paid to the credit of the Consolidated Fund.
COMMENCEMENT
The amendments to the Dentists Act 1989 commence on the date of assent to this
Act EXPLANATORY NOTE
The proposed amendments will ensure that fines imposed by the Dental Board following an inquiry into a complaint and penalties for contravening the Act or the regulations are paid to the consolidated Fund and not into an account established by the Board. This will make the relevant provisions of the Act consistent with similar provisions in various other Acts relating to health professional boards.
DISTRICT COURT ACT 1973 No. 9
AMENDMENT
(1) Section 18 (Acting Judges):
From section 18 (5), omit “a period served by the person in a prior judicial office within the meaning of section 8 (2) of the Judges’
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
Pensions Act 1953”, insert instead “prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person” .
(2) Section 61 (Exclusion of damages relating to motor accidents):
Omit “Division”, insert instead “Subdivision”.
COMMENCEMENT
Item (1) of the amendments to the District Court Act 1973 commences on the commencement of the amendments to the Judges’ Pensions Act 1953 set out elsewhere in this Schedule.
Item (2) of the amendments to the District Court Act 1973 is taken to have commenced on 1 November 1991 (the day on which section 61 of the District Court Act 1973, as inserted by section 3 of and Schedule 2 (3) to the Courts Legislation (Civil Procedure) Amendment Act 1991, commenced).EXPLANATORY NOTE
The proposed amendment to section 18 is consequential on the amendments to the to which that section refers.
Judges’ Pensions Act 1953 set out elsewhere in this Schedule.
DRIED FRUITS ACT 1939 No. 7
AMENDMENT
Section 15 (Estimate of expenditure etc.):
From section 15 (4), omit “$10 (or, where some other amount is prescribed, that other amount) per tonne of the quantity of dried fruits sold from the packing house and also of the quantity of dried fruits forwarded therefrom for purposes of trade or sale in the next preceding year”, insert instead “$15 (or such other amount as may be prescribed) per tonne of the quantity of dried fruits received at the packing house in the preceding year”.
COMMENCEMENT
The amendment to the Dried Fruits Act 1939 commences on a day to be appointed by proclamation.
EXPLANATORY NOTE
At present, a person m whose name a packing house is registered is required to contribute a sum of money determined by the Dried Fruits Board towards the expenditure estimated to be incurred in the administration of the Act and m carrying out the powers and duties of the Board for a particular year. That sum is not to exceed an amount equal to $10 per tonne of the dried fruit sold from the packing house. The proposed amendment provides that the levy is to be based on the quantity of dried fruit received at the packing house and that the sum contributed is not to exceed $15 per tonne of dried fruit so received. The “receival” based levy will bring the provision into line with section 15 (4) of the Victorian Dried Fruits Act 1958 and provide uniformity in respect of inter-State levy collection.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
ELECTRICITY ACT 1945 (1946 No. 13)
AMENDMENTS
(1) Section 5 (Constitution of the Electricity Council):
(a) From section 5 (3), omit “15” and “13”, insert instead “17” and “15” respectively.
(b) From section 5 (4) (b), omit “a person”, insert instead “2 persons”. (c) After section 5 (4) (b), insert: (b1) the Director of the Local Government Electricity Association
of New South Wales;
(2) Schedule 1 (Provisions relating to the members of the Electricity Council of New South Wales):
From clause 7 (1) (f), omit “and”, insert instead “or”.
(3) Schedule 2 (Provisions relating to the procedure of the Electricity Council of New South Wales):
From clause 2 (Quorum), omit “8”, insert instead ‘‘9”.
COMMENCEMENT
The amendments to the Electricity Act 1945 commence on the date of assent to this
Act.
EXPLANATORY NOTE
The Electricity Council of New South Wales is an advisory body set up under the
Act. Its principal functions are to advise the Minister of the electricity supply
industry’s response to government policy and to consider, and furnish reports, advice
and recommendations to the Minister an, the Operation and development of the
electricity industry in New South Wales. It currently consists of 15 part-time members
(2 of whom arc appointed by the Minister and 13 of whom are official members). The
Prospect, Shortland and Illawarra County Councils and Sydney Electricity provide 8
of these official members. The Local Government Electricity Association of New
South Wales (which represents most of the electricity authorities throughout the State,
including 19 rural county councils, 1 shire council and 1 city council) has only 1
nominee on the Electricity Council.
The proposed amendments to section 5 increase the number of members of the
Electricity Council from 15 to 17 and provide that the additional members will be the
Director of the Local Government Electricity Association and an additional person
nominated by it By expanding the membership, the amendment will ensure a more
balanced representation on the Electricity Council of the electricity supply industry as
a whole (including rural county councils).Constitution of Electricity Council (items (1) and (3)) the Council will be increased from 8 to 9 mecmbers as a consequence of the amendments to section 5.
| Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1 |
Statute law revision (item (2)) consisting of the use of a cumulative conjunction in a list of alternatives.
ENVIRONMENTAL OFFENCES AND PENALTIES ACT
1989 No. 150
AMENDMENTS
(1) Section 13 (Consent to institution of proceedings):
After section 13 (2), insert:
(2A) Subsection (1) does not apply to the institution of proceedings for an offence against section 8F:
(a) by an employee of a council of a local government area, if the proceedings are instituted with the consent of the council or with the kitten consent of such member or employee of the
council as may be authorised by the council for the purposes of this subsection; or
(b) by a police officer.
(2) Schedule 1 (Penalties for Tier 2 offences):
From the matter relating to section 24B in Part 1, omit “particular particular”, insert instead “particular”.
(3) Schedule 2 (Penalty notices):
In the matter relating to section 8F (1) under the heading “Officer” in Part 2 of Schedule 2, after “5,”, insert “6,”.
(4) Schedule 3 (Savings, transitional and other provisions):
From clause 4 (2), omit “operation”, insert instead “application”.
COMMENCEMENT
The amendments to the Environmental Offences and Penalties Act 1989 commence on the date of assent to this Act
EXPLANATORY NOTE
Prosecutions for littering offences (items (1) and (3)) anti-littering provisions that were previously contained m the Local Government Act 1919. Under section 13 of the Environmental offences and Penalties Act 1989, prosecutions for littering offences may not be commenced except with the consent of the State Pollution control commission or of one of its members or officers. Under Schedule 2 to that Act, a police officer is not authorised to issue penalty notices for littering offences. These restrictions did not apply to the previous provisions of the Local Government Act 1919. The object of these amendments is to restore the previous situation by ambling council employees and police officers to prosecute littering offences without the need for consent from the State Pollution Control commission and by ambling police officers to issue penalty notices for littering offences
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
Statute law revision (items (2) and (4))
The proposed amendments omit an unnecessary word (item (2)) and substitute a more
appropriate word to describe the relationship between certain provisions (item (4)).
EXHIBITED ANIMALS PROTECTION ACT 1986 No. 123 Amendments
(1) Section 5 (Definitions):
After the definition of “board” in section 5 (1). insert:
“Director-General” means the Director-General of the
Department of Agriculture;
(2) The whole Act (except sections 5 (1), 6 (4) (a), 12 (2), 48 and 53 (1) (i)
and clause 2 (1) of Schedule 1):
Omit “board” wherever occurring, insert instead “Director-General”.
(3) Section 27 (Applications):
From section 27 (3), omit “which”, insert instead “who”.
(4) Section 37 (Bonds):
(a)
From section 37 (2), omit “it” wherever occurring, insert instead “the Director-General”.
(b) Omit section 37 (4).
(5) Section 48 (Recovery of charges etc.):
Omit “by the board as a debt due”, insert instead ‘‘as a debt due to the Crown”.
COMMENCEMENT
The amendments to the Exhibited Animals Protection Act 1986 commence cm a day
to be appointed by proclamation.
EXPLANATORY NOTE
On 28 June 1991, the administration of the Exhibited Animals Protection Act 1986
was transferred from the Minister for the Environment to the Minister for Agriculture and Rural Affairs. As a consequence of that transfer, it is now considered appropriate
that the licensing, administrative and other regulatory functions that the ZoologicalParks Board presently has under the Act should be transferred to the Director-General
of the Department of Agriculture. The proposed amendments provide for the taking over of those functions by the Director-General. The Zoological Parks Board,
however, will still be able to nominate a person for the Exhibited Animals Advisory Committee and certain other references in the Act to the Board will remain.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
FACTORIES, SHOPS AND INDUSTRIES ACT 1962 No. 43
AMENDMENT
Section 36 (Lifting of weights):
Omit the section.
CoMMENCEMENT
The amendment to the Factories, Shops and Industries Act 1962 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment removes an obsolete provision relating to the maximum
weights that factory employees are allowed or required to lift or carry by hand. The provision has been superseded by the Occupational Health and Safety (Manual Handling) Regulation 1991 which adopts the National Standard for Manual Handling for the purposes of the Occupational Health and Safety Act 1983.
FAIR TRADING ACT 1987 No. 68
AMENDMENT
Section 75A:
After section 75, insert:
Amendment of codes of practice
75A. (1) A code of practice prescribed under section 75 may be
amended by the regulations, in accordance with this section.
(2) An amendment to a code of practice may be made only with the approval of the Minister.
(3) A code of practice which is not an interim code of practice is
not to be amended unless:
(a) the amendment has been submitted to the Minister in accordance with section 74 as if it were a draft code of practice; or (b) the Commissioner has certified in writing that the amendment is of a minor or inconsequential nature and that compliance
with section 74 is not required.
(4) An amendment may be approved by the Minister with of '
without alteration.
COMMENCEMENT
The amendment to the Fair Trading Act 1989 commences on the date of assent to this
Act
EXPLANATORY NOTE
The Act provides that the regulations may prescribe a code of practice for fair dealing
between a particular class of suppliers and consumers or by a particular class of
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
persons in relation to consumers. The code of practice may be prescribed only after
consultation with persons who have an interest in its terms.The amendment will:
•
clarify that a code of practice has the status of a regulation and so can be amended; and
•
require that the same process of consultation rquired in the preparation of a code of practice needs to be followed when a code (other than an interim code) is amended, unless the Commissioner for Consumer Affairs certifies to the Minister that the amendment is of a minor or inconsequential nature.
FREEDOM OF INFORMATION ACT 1989 No. 5
AMENDMENTS
(1) Section 25 (Refusal of access):
At the end of section 25 (1) (b1), insert “or”.
(2) Section 68 (Reports to Parliament):
Omit the section, insert instead:
Reports to Parliament68. (1) Each agency must, within 4 months after the end of each reporting year, prepare an annual report on the agency’s obligations under this Act for submission to the Minister responsible for the agency.
(2) Each Minister must, on or before 31 August each year, furnish the Minister administering this Act with such information concerning the Minister’s obligations under this Act as the Minister administering this Act may require.
(3) The Minister administering this Act must, on or before 31 December each year, prepare an annual report on each Minister’s obligations under this Act.
(4) An annual report under this section must be tabled in each House of Parliament by the relevant Minister as soon as practicable after it is prepared unless it is included in an annual report prepared for the purposes of the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984.
(5) The annual report referred to m subsection (3) may be
included in the annual report for the Premier’s Department preparedfor the purposes of the Annual Reports (Departments) Act 1985.
(6) The regulations may make provision for:
(a) the information to be included m annual reports; and
(b) the form in which annual reports are to be prepared(7) In this section, a reference to the reporting year of an agency is
a reference to:
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
(a)
the financial year of the agency for the purposes of the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984; or
(b)
if the agency does not have a financial year for the purposes of either of those Acts, the year ending 30 June.
COMMENCEMENT
Item (1) of the amendments to the Freedom of Information Act 1989 commences on
the date of assent to this Act.
Item (2) of the amendments to the Freedom of Infoxmation Act 1989 commences on 1January 1992.
EXPLANATORY NOTE
Preparation of reports (item (2))
Section 68 of the Freedom of Information Act 1989 currently requires the Minister
administering that Act to prepare an annual report with respect to the administration
of that Act. This report i5 compiled from information furnished by the various
agencies and Ministers to which the Act applies.
The effect of the proposed amendment will be that each agency, rather than the
Minister administering the Act, will have the responsibility of preparing an annual
report on the obligations of the agency under the Act. The annual report for an agency
under the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory
Bodies) Act 1984 will be able to include the annual report for the agency under the
Freedom of Information Act 1989. The Minister administering the Freedom of
Information Act 1989 will continue to prepare an annual report on the obligations of
Ministers under the Act. The annual report for the Premier’s Department under the
Annual Reports (Departments) Act 1985 will be able to include that report.Statute law revision
(item (1)) alternatives.
GRAIN MARKETING ACT 1991 No. 15
AMENDMENTS.
(1) Section 59 (Audit by registered company auditor):
Omit the section.
(2) Schedule 5 (Savings, transitional and other provisions):
From clause 14, omit “Division 1”, insert instead “Division 3”.
COMMENCEMENT
The amendments to the Grain Marketing Act 1991 commence on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
EXPLANATORY NOTE
Auditor (item (1))
At present, the New South Wales Grains Board is required to be audited in accordance with Division 3 of Part 3 of the Public Finance and Audit Act 1983. The audit is to be carried out by the Auditor-General or, if the Board appoints a registered company auditor as sole auditor under section 59, the auditor so appointed. The repeal of section 59 will ensure that the audit will be carried out by the Auditor-Gareral.
Statute law revision (item (2))
The proposed amendment to Schedule 5 corrects a cross-reference.
HEALTH ADMINISTRATION ACT 1982 No. 135
AMENDMENT
Schedule 3 (Transfer of health employees):
From clause 2 (4), omit “1991”, insert instead “1994”.
COMMENCEMENT
The amendment to the Health Administration Act 1982 commences on the date of assent to this Act.
EXPLANATORY NOTE
Under clause 2 of Schedule 3 to the Act, the Governor may, on the recommendation of the Minister for Health, by order published in the Gazette, transfer certain staff (for example, staff of the Department of Health or the Health Administration Corporation might be transferred to public hospitals, area health services or the Ambulance Service). However, such an order at present has no effect if published after 1 July 1991. This sunset provision has been extended on 2 previous occasions (most recently by the Ambulance Services Act 1990). The proposed amendment extends the transfer
of staff provisions to 1 July 1994.
INDUSTRIAL ARBlTRATION ACT 1940 No. 2
AMENDMENT
Section 14 (Industrial Commission):
From section 14 (4B). omit “a period served by the person in a prior judicial office within the meaning of section 8 (2) of the Judges’ Pensions Act 1953”, insert instead “prior judicial Service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person”.
COMMENCEMENT
The amendment to the Industrial Arbitration Act 1940 commences on the commencement of the amendments to the Judges’ Pensions Act 1953 set out
elsewhere in this Schedule.
EXPLANATORY NOTE
The proposed amendment is consequential on the amendments to the Judges’
Pensions Act 1953 set out elsewhere in this Schedule.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
INTERPRETATION ACT 1987 No. 15
AMENDMENT
Section 15 (Minister):
(a) From section 15 (2) (b), omit “of’”.(b) At the end of section 15 (2) (c), insert:
; or
(d)
if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or portion of the Act.
(c) From section 15 (3) (b), omit “or”.
(d) At the end of section 15 (3) (c), insert:
; of
(d)
if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or the portion of the Act under which the instrument is made.
COMMENCEMENT
The amendments to the Interpretation Act 1987 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments will enable an Act (or a portion of an Act) to be allocated to two or more Ministers. In that case, a reference in the Act to “the Minister” will be read as a reference to any of those Ministers. There is a similar provision in section 19A of the Acts Interpretation Act 1901 of the Commonwealth.
IRRIGATION ACT 1912 No. 73
AMENDMENT
Section 7C (Alteration of number of water rights):
From section 7C (1), omit “by notification in the Gazette”.
COMMENCEMENT
The amendment to the Irrigation Act 1912 commences on the dare of assent to this
Act
EXPLANATORY NOTE
Notification of alteration of number of water rights the occupier of the land concerned alter the number of water rights (i.e. the right to a quantity of 1 megalitre of water annually) which attach to or are a fixed charge on any land within an irrigation area The proposed amendment removes the need for
such an alteration to be notified in the Gazette. This will bring the provision into line with section 147 (8) of the Water Act 1912 which enables the Ministerial Corporation
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(with the consent of the owner) to alter the number of water rights attached to a holding within a district but does not require the alteration to be notified in the Gazette.
JUDGES PENSIONS ACT 1953 No. 41
AMENDMENTS
(1) Section 8 (Prior judicial service):
(a) Omit section 8 (1). insert instead:
(1) In this section:
“prior judicial service”, in relation to a judge or retired judge,
means:
(a) service as a judge within the meaning of this Act; or
(b) service in an office in a State, the Commonwealth or a Territory the holder of which may qualify for a pension or retiring allowance under a law of the State, Commonwealth or Territory relating to pensions or retiring allowances payable to retiring judges; or (c) service as chairman, acting chairman or additional temporary chairman of the Crown Employees Appeal Board, being a period of service before his or her appointment as a judge (or, if appointed as a judge on more than 1 previous occasion, before his or her last such appointment).
(b)
From section 8 (2). omit “period served by a judge in any prior judicial office”, insert instead “prior judicial service by a judge”.
(c)
From section 8 (3), omit “a period served by the judge in a prior judicial office within the meaning of subsection two of this section”, insert instead “prior judicial service by the Judge for the purposes of this section”.
(2) Section 9 (Dual pensions):
(a) Omit section 9 (1), insert instead:
(1) A person is not entitled to receive a pension under this Act if the person is receiving a pension under a law of the Commonwealth, or of another State or of a Territory, which provides for the payment of a pension to a person by reason of the person having held an
office referred to in section 8 (1) (b). (b)
After “the Commonwealth” in section 9 (2), insert “or of another State or of a Territory”.
(c)
From section 9 (2), omit "subsection (1)”. insert instead “section 8 (1) (b)”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. I
(3) Section 11A (Application of Act to and in respect of masters):
From section 11A (2) (d), omit “prior judicial office included a reference to”, insert instead “prior judicial service included a reference to service in”.
COMMENCEMENT
The amendments to the Judges’ Pensions Act 1953 commence on a day to be appointed by proclamation.
EXPLANATORY NOTE
At present, section 8 provides that any period served by a judge in a prior judicial office is calculated as part of the judge’s service in the judicial office he or she held immediately before retirement. The definition of “prior judicial office” presently includes a judge of such New South Wales courts as the Supreme Court, District Court, Industrial Commission, Land and Environment Court and the Compensation court.
The proposed amendments to section 8 recast the definition so that it refers to “prior judicial service” (this being consistent with the Judges’ Pensions Act 1968 of the Commonwealth) and extends the definition to cover persons who may have accrued judges’ pension entitlements in other States, the Commonwealth or a Territory. Proposed section 8 (1) (b) will, for example, provide that if a member of a Commonwealth tribunal who has accrued entitlements under a judges’ pension scheme is appointed as a judge to a New South Wales court, the person’s service on the tribunal constitutes “prior judicial service” for the purposes of section 8 and will be taken into account when calculating pension entitlements on retirement from the New South Wales court.
The proposed amendments to sections 9 (which presently prevents a person from receiving a pension under the New South Wales Act if already receiving a pension under another law relating to judges’ pensions) and 11A are consequential on the amendments to section 8.
LAND AND ENVIRONMENT COURT ACT 1979 No. 204
AMENDMENT
Section 11 (Acting Judges):
From section 11 (5), omit “a period served by the person in a prior judicial office within the meaning of section 8 (2) of the Judges’ Pensions Act 1953”. insert instead “prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person”.
COMMENCEMENT
The amendment to the Land and Environment Court Act 1979 commences on the commencement of the amendments to the Judges’ Pensions Act 1953 set out elsewhere in this Schedule.
EXPLANATORY NOTE
The proposed amendment is consequential on the amendments to the Judges’
Pensions Act 1953 set out elsewhere in this Schedule.Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
LOCAL GOVERNMENT ACT 1919 No. 41
AMENDMENT
Section 270S (Penalty notices for certain offences):
Omit section 270S (6).
COMMENCEMENT
The amendment to the Local Government Act 1919 commences on a day to be appointed by proclamation.
EXPLANATORY NOTE
Section 270S enables offences against an ordinance made under section 277 (4) (for example, offences under Ordinance No. 34C of standing in a free parking area for longer than the maximum period allowed or standing in a space designated for use by disabled persons) to be dealt with by penalty notices.
At present, each individual council may by resolution fix the amount of the penalty. The proposed amendment will remove this power so that the amount of penalty for an offence dealt with under section 270S will be that prescribed by ordinance under the Act.
LOTTO ACT 1979 No. 53
AMENDMENT
Section 21A:
After section 21, insert:
Minors not to be detained
21A. A minor may not be imprisoned, or detained in a detention
centre, as a consequence of a failure to pay a penalty under this Act.
COMMENCEMENT
The amendment to the Lotto Act 1979 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment will preclude the imprisonment or detention of a minor who fails to pay a penalty imposed on the minor under the Act. The amendment is consistent with section 117G of the Liquor Act 1982 and section 57B of the Registered Clubs Act 1976 which also provide that a minor may not be imprisoned or detained for failing to pay a penalty under the particular Act.
MARINE ADMINISTRATION ACT 1989 No. 93
AMENDMENT
(1) Section 7 (MSB directors):
(a) After section 7 (2) (a), insert
(b) the Director-General of the Department of Transport; and
(b) Renumber section 7 (2) (B) as section 7 (2) (c).
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(2) Section 20 (Directors of subsidiary ports authorities):
Omit section 20 (5).
(3) Section 52:
Omit the section, insert instead:
Advisory committees52. The Board may establish advisory committees to give advice and assistance to the Board in connection with any particular matter or function of the Board.
(4) Schedule 1 (Directors of the MSB):
After “Board” where secondly occurring in the definition of “appointed director” in clause 1, insert “and the Director-General of the Department of Transport”.
COMMENCEMENT
The amendments to the Marine Administration Act 1989 commence on the date of assent to this Act.
SAVINGS
The amendments to the Marine Administration Act 1989 do not affect the tenure of office of the chairperson of the Port of Eden Advisory Committee holding office as an appointed director of the MSB Illawarra Ports Authority immediately before the date of assent to this Act and that person is (subject to Schedule 3 to the Act) to remain in office for the balance of his or her term of office as an appointed director.
EXPLANATORY NOTE
Constitution of MSB (items (1) and (4))
The proposed amendments to section 7 and Schedule 1 provide for the
Director-General of the Department of Transport to be an ex-officio member of the
Maritime Services Board.Constitution of MSB Illawarra Ports Authority
(items (2) and (3)) of Eden Advisory Committee and move the requirement that one of the appointed directors of the MSB Illawarra Ports Authority be the chairperson of that Committee. The Authority is a a subsidiary port authority which exercises delegated MSB functions with respect to ports assigned to it, one of which was the Port of Eden. As the Port of Eden is now the responsibility of the MSB and not the Authority it no longer needs to be represented on the Authority.
MARITIME SERVICES ACT 1935 No. 47
AMENDMENT
(1) Section 13W (Powers of harbour master):
From section 13W (3), omit “four hundred dollars”, insert instead
“$1,500”.Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(2) Section 13WA:
After section 13W, insert:
Information regarding harbour master’s directions etc.13WA. (1) The Board may, for the purposes of providing relevant information to the public, make available (at such reasonable cost and in such manner as the Board may from time to time determine) a handbook or other publication containing the information.
(2) “Relevant information’’ includes the kinds of directions that may be given by a harbour master under section 13W and such other general information regarding the direction and control of vessels under that section as the Board considers to be appropriate.
COMMENCEMENT
The amendments to the Maritime Services Act 1935 commence on the date of assent to this Act.
EXPLANATORY NOTE
Penalty for not complying with harbour master’s direction Information regarding directions (item (2)) information about the kinds of directions given by a harbour master under section 13W and other matters concerning the control and movement of vessels in a port (for example, general description of shipping lanes and information about times for opening and closing of bridges). Such a handbook is intended to be used only as a guide for information purposes. (item (1)) maximum penalty for which the master of a vessel may be liable if the master refuses or neglects to comply with a direction of the harbour master under the section. The directions relate to such matters as the time and manner in which a vessel may enter the port concerned, the movements of the vessel within the port, the position and manner in which the vessel is moored and other directions relating to the movement and control of the vessel. The maximum penalty has not been increased since 1972 and the proposed amendment will bring the penalty into line with similar offences (for example, under Regulation 18 of the Management of Waters and Waterside Lands Regulation—N.S.W., the master and owner of a vessel that is navigated, used, moored or anchored m contravention of a sign or notice erected by the Maritime Services Board are liable for a penalty not exceeding $1,500).
MEDICAL PRACTITIONERS ACT 1938 No. 37
AMENDMENT
(1) Section 10 (Financial provisions):
After “money” in section 10 (1), insert “(not being fines or penalties)”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(2) Section 321 (Determinations of Committees):
From section 32I (7), omit “Board”, insert instead “Registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct’,.
(3) Section 51A (Recovery of fines):
Omit “29”. insert instead “321”.
COMMENCEMENT
The amendments to the Medical Practitioners Act 1938 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments will ensure that fines imposed by a Professional Standards Committee in respect of a complaint against a registered medical practitioner are paid to the Consolidated Fund and not into an account established by the New South Wales Medical Board. This will make the relevant provisions of the Act consistent with similar provisions in various other Acts relating to health professional boards.
MOTOR DEALERS ACT 1974 No. 52
AMENDMENT
(1) Section 20A (Surrender of licence):
After “may”, insert “(subject to section 20D (2A))”.
(2) Section 20D (Notices to show cause):
After section 20D (2), insert:
(2A) The holder of a licence on whom notice to show cause has been served under this section may not surrender the licence unless the Commissioner has made a determination under section 20E in relation to each matter to which the notice relates.
COMMENCEMENT
The amendments to the Motor Dealers Act 1974 commence on the date of assent to this Act.
EXPLANATORY NOTE Section 20D of the Act provides for the service of notices to show cause as to why disciplinary measures should not be taken against the holder of a licence. Section 20E sets out the disciplinary measures that the Commissioner for Consumer Affairs may take against the holder of the licence following inquiry or investigation in relation to the matters to which the notice relates. The proposed amendments will ensure that the holder of a licence on whom such a notice has been served cannot avoid the taking of disciplinary action by surrendering the licence held by the licensee before the Commissioner makes a determination in relation to the matters concerned.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
NURSES ACT 1991 No. 9
AMENDMENT
Section 77 (Liability of members etc.):
At the end of section 77 (c), insert:
; or
(d) the Tribunal or a member of the Tribunal,
COMMENCEMENT
The amendment to the Nurses Act 1991 comences on the date of assent to this Act.
EXPLANATORY NOTE
Section 77 provides that a member of the Nurses Registration Board or Professional standards Committee or Registrar or officer of the Board does not incur personal liability for things done in good faith in exercising the member’s or officer’s functions under the Act. The proposed amendment will confer protection against such liability on the members of the Nurses Tribunal which is the only disciplinary or regulatory body constituted under the Act whose members are not so protected.
OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No. 20
AMENDMENT
Section 45 (Regulations):
After section 45 (3), insert: (3A) A regulation may apply, adopt or incorporate any publication as in force from time to time.
COMMENCEMENT
The amendment to the Occupational Health and Safety Act 1983 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment will enable the regulations to adopt publications (for example, national safety standards made by bodies such as Worksafe Australia) as in force from time to rime. The amendment is similar to the amendment to the Dangerous Goods Act 1975 set out elsewhere in this Schedule.
PARLIAMENTARY ELECTORATES AND ELECTIONS ACT
1912 No. 41
AMENDMENTS
(1) Section 21AB:
After the heading to Part 3B, insert:
Definition
21AB. In this Part:
“State election” means an election for the Assembly, a periodic
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
Council election or a referendum and includes an election for a council of a local government area.
(2) Section 21B (Arrangement with Commonwealth as to rolls):
(a) From section 21B (1), omit “the Assembly’, where firstly occurring, insert instead “State elections”. (b) From section 21B (1), omit “elections for the Assembly”, insert instead “State elections and for such other purposes as the Governor may determine”. (c) From section 21B (2), 21C and 21D (2), omit “the Assembly’, Omit section 21C (3).
(d)
From section 21D (1), omit “elections for the Assembly” wherever occurring, insert instead “State elections”.
(3) Section 23 (Power of Governor as to subdivision of districts):
Omit section 23 (4).
(4) Section 30 (Inspection of rolls):
From section 30 (b), omit “the Government Printing Office and at such post offices and other places in the district”, insert instead “such places”.
(5) Section 87A (Mobile booths in hospitals etc.):
Omit “his vote” wherever occurring, insert instead “the elector’s vote”.
(6) Section 114AA (Registration of general postal voters):
Omit paragraph (a) of the definition of "prescribed elector” from section 114AA (1), insert instead:
(a)
an elector whose real place of living is not within 20 kilometres, by the nearest practicable route, of a polling place;
(7) Section 114U (Appointment of scrutineers):
From section 114U (2), omit “and 7 p.m. on the second day preceding polling day”, insert instead “and 6 p.m. on the day preceding polling day”.
COMMENCEMENT
Items (1) and (2) of the amendments to the Parliamentary Electorates and Elections
Act 1912 commence on a day to be appointed by proclamation.
Items (3)–(7) of the amendments to that Act commence on the date of assent to thisAct.
EXPLANATORY NOTE
Arrangements with Commonwealth as to rolls (items (1) and (2))
Section 21B of the Act empowers the Governor to make arrangements with the
Governor-General of the Commonwealth for joint electoral rolls for CommonwealthStatute Law (Miscellaneous Provisions) (No. 2 ) 1991—Sch. I
elections and elections for the Legislative Assembly of New South Wales. The proposed amendments will enable the Governor to enter an arrangement for joint electoral rolls that may also be used for periodic elections for the Legislative Council, referendums, local government elections and matters such as jury rolls.
Inspection of rolls (item (4)) districts and of any supplemental roll to be obtainable for purchase only at places appointed by the Electoral Commissioner. The amended provision will read (in part) as follows:
30. Copies of the latest print of the roll for any district and of any supplemental roll shall:
..... ....................... (b) on payment of such amounts as the Electoral Commissioner determines to be appropriate in relation to prints of rolls of that kind be obtainable at the Government Printing Office and at such post offices and other places in the district such places as the Electoral Commissioner appoints.
[Matter to be omitted is shown m italic type and matter to be inserted in bold type.] consistent with section 114P (2) (d). (At present, although an application to vote before polling day may be made between noon on the day of nomination and 6 p.m. on the day preceding polling day, scrutineers are only entitled to be present between noon on the day of nomination and 7 p.m. on the second day preceding polling day.)
Registration of general postal voters (items (3) and (6))
At present, the persons who may be enrolled as general postal voters include electors
enrolled for a subdivision declared to be a remote subdivision under section 23 of the
Act. The proposed amendment to section 114AA (item (6)) will omit this category of
electors from those electors able to be so enrolled to make section 114AA consistent
with the corresponding provision of the Commonwealth Electoral Act 1918 (section
184A (2) (a)). Electors whose real place of living is not within 20 kilometres, by the
nearest practicable route, of a polling place will continue to be able to be enrolled as
general postal voters.
The proposed repeal of section 23 (4) is consequential on the amendment to section
114AAL
Statute law revision (items (5) and (7))
The proposed amendments to section 87A (item (5)) recast certain references to
voters (including women who because of approaching maternity are unable to attendpolling places) in gender neutral form
PHARMACY ACT 1964 No. 48
AMENDMENT
(1) Section 20 (Consequences o f misconduct etc.):
(a)
From section 20 (1), omit “itself”, insert instead “the Board consisting of the members referred to in section 19H’’.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 1
(b) Omit section 20 (4), insert instead:
(4) Any fine imposed under this section:
(a)
is to be paid to the registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct; and
(b) may be recovered as a debt due to the Crown in a court of
competent jurisdiction.
(2) Section 36 (Fees):
After “money” in section 36 (3, insert “(not being frnes or penalties)”.
COMMENCEMENT
The amendments to the Pharmacy Act 1964 commence on the date of assent to this
Act.
EXPLANATORY NOTE
Inquiries conducted by Pharmacy Board
(item (1) (a)) inquiry into a complaint against a pharmacist are paid to the Consolidated Fund and not into an account established by the Board This wiII make the relevant provisions consistent with similar provisions m various other Acts relating to health professional boards.
Section 20 (1) presently provides (in part) that “If the Board (after an inquiry
conducted by itself or a Committee) is satisfied that the subject-matter of a complaint
against a pharmacist is proved, the Board may do any one or more of the following”.
When conducting an inquiry the Board consists of only 3 members. The proposed
amendment ensures that the provision operates as intended by making it clear that
only the “full” Board and not the Board as constituted for an inquiry may take action
under section 20 (1). (The Explanatory Note for the pharmacy (Amendment) Act
1989, which inserted section 19H, stated in relation to the procedure for dealing with
complaints that “Details of the powers of the Board or of such a Committee when
conducting such an inquiry are set out, but do not include fixing any punishment”.)Fines imposed by Pharmacy Board (items (1) (b) and (2))
PHYSIOTHERAPISTS REGISTRATION ACT 1945 No. 9
AMENDMENT
Section 24 (Misconduct):
After section 24 (5), insert:
(6) A fine imposed under this section:
(a)
is to be paid to the secretary who is to pay it to !he credit of the Consolidated Fund in such manner as the Treasurer may direct; and
(b)
may be recovered as a debt due to the Crown in a court of competent jurisdiction.
Statute Law (Miscellaneous Provisions) (No. 2 ) 1991—Sch. I
COMMENCEMENT
The amendment to the Physiotherapists Registration Act 1945 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment will ensure that fines imposed by the Physiotherapists Registration Board on a person found to be guilty of professional misconduct following an inquiry are paid to the Consolidated Fund This will make the relevant provisions of the Act consistent with similar provisions in various other Acts relating to health professional boards.
PIPELINES ACT 1967 No. 90
AMENDMENTS
(1) Section 6 (Applications for permits):
(a) Omit section 6 (2) (d).
(b) Omit section 6 (4), insert instead:(4) Four additional copies of an application and each of the documents accompanying it (including the proposal for the construction of the pipeline) must be submitted with the application. The Minister is required to serve a copy of the application and each of those documents on the Minister for Transport, the Minister for Local Government, the Minister for Public Works and the Minister for Roads.
(2) Section 12 (Application for licence):
After “may be made” in section 12 (1), insert “to the Minister”. (3) Section 22 (Availability o f certain land etc. for compulsory
acquisition):
After “19 (1)” in section 22 (b), insert “(or, if the public authority and the owner have aged that the land is available for acquisition, at any time before the Minister grants such a certificate)”.
(4) Section 37 (Licence fees):
From section 37 (1), omit “$200”, insert instead “the prescribed amount”.
COMMENCEMENT
The amendments to the Pipelines Act 1967 commence on a day or days to be appointed by proclamation
EXPLANATORY NOTE
COMMENCEMENT
The amendments to the Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990 are taken to have commenced on 29 March 1991 (the day on which Schedule 1 to that Act commenced).
EXPLANATORY NOTE
The proposed amendments correct punctuation (item (a)), omit an unnecessary word
(item (b)) and correct an incorporating direction (item (c)).
CRIMINAL APPEAL ACT 1912 No. 16
AMENDMENT
Section 2 (Definitions):
Omit section 2 (2) (a1).
COMMENCEMENT
The amendment to the Criminal Appeal Act 1912 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment omits matter treating certain penalties or orders imposed under section 428P (1A) of the Crimes Act 1900 as a sentence for the purpose of the Criminal AppeaI Act 1912. The matter is superfluous as the Crimes Act provision has been repealed, and replaced by provisions of the Mental Health (criminal Procedure) Act 1990.
DRUG OFFENSIVE ACT 1987 No. 119
AMENDMENT
Section 3 (Definitions):
From section 3 (1), omit the definition of “Director”, insert instead:
“Director” means the Director of the Drug and AlcoholDirectorate holding office as such under the Public Sector
Management Act 1988;
Statute LaW (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
COMMENCEMENT
The amendment to the Drug Offensive Act 1987 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment is consequential on the change of the name of the
Directorate of the Drug Offensive to the Drug and Alcohol Directorate.
GAS ACT 1986 No. 213
AMENDMENT
Section 139 (Regulations):
From section 139 (5), omit “$2,000”, insert instead “20 penalty units”.
COMMENCEMENT
The amendment to the Gas Act 1986 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment converts a maximum penalty expressed in dollars to its penalty unit equivalent to make it consistent with all other maximum penalty provisions in the Act which are expressed in penalty units.
HAY IRRIGATION ACT 1902 No. 57
AMENDMENT
Section 24 (Water-way through land not to confer right to water on owner):
Omit “Commission”, insert instead “Ministerial Corporation”.
COMMENCEMENT
The amendment to the Hay Irrigation Act 1902 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment updates a reference to the Water Resources Commission
(which has been replaced by the Water Administration Ministerial corporation).
LEGAL PROFESSION ACT 1987 No. 109
AMENDMENT
Section 184 (Considerations affecting determinations):
From section 184 (a) (ii), omit “Australian Conciliation and Arbitration Commission”, insert instead “Australian Industrial Relations Commission”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
COMMENCEMENT
The amendment to the Legal Profession Act 1987 is taken to have commenced on 1 March 1989 (the day on which section 8 of the Industrial Relations Act 1988 of the Commonwealth commenced).
EXPLANATORY NOTE
The proposed amendment updates a reference to the Australian Conciliation and Arbitration Commission (which has been replaced by the Australian Industrial Relations Commission).
LOCAL COURTS (CIVIL CLAIMS) ACT 1970 No. 11
AMENDMENT
Section 12 (Limits of jurisdiction):
Omit section 12 (2).
COMMENCEMENT
The amendment to the Local Courts (Civil Claims) Act 1970 is taken to have commenced on 1 November 1991 (the day on which Schedule 3 to the Courts Legislation (civil Procedure) Amendment Act 1991 commenced).
EXPLANATORY NOTE
By an amendment made to the Local Courts (Civil Claims Act 1970 by the Courts Legislation (Civil Procedure) Amendement Act 1991, the general limit on a Local Court's civil jurisdiction was increased from $10,000 to $40,000 and the limit on a Local Court’s jurisdiction m motor accident cases was increased from $20,000 to $40,000. Because the limit for all civil cases is now the same, there is no necessity to distinguish between motor accident cases and other cases. Section 12 (2), which deals with motor accident cases, is therefore repealed.
LOCAL GOVERNMENT (THEATRES AND PUBLIC HALLS)
AMENDMENT ACT 1989 No. 10
AMENDMENT
Schedule 1 (Amendments):
Omit Schedule 1 (5).
COMMENCEMENT
The amendment to the Local Government (Theatres and Public Halls Amendment
Act 1989 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment omits an uncommenced provision which is no longer of practicalutility.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
MISCELLANEOUS ACTS (PUBLIC HEALTH) REPEAL AND
AMENDMENT ACT 1990 No. 123
AMENDMENT
Schedule 2 (Amendments):
Omit “Public Health Act 1990” wherever occurring, insert instead
“Public Health Act 1991”.
COMMENCEMENT
The amendments to the Miscellaneous Acts (Public Health) Repeal and Amendment
Act 1990 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments correct references to an Act.
MOTOR VEHICLES TAXATION ACT 1988 No. 111
AMENDMENT
Section 17 (Exemptions granted by Minister):
From section 17 (1) (m), omit “a State school or registered school (within the meaning of the Education and Public Instruction Act 1987)”, insert instead “a government school or a registered non-government school (within the meaning of the Education Reform Act 1990)”.
COMMENCEMENT
The amendment to the Motor Vehicles Taxation Act 1988 commences on the date of assent to this Act.
EXPLANATORY NOTE
Under section 17 of the Act, the Minister may grant an exemption (wholly or partly) from motor vehicle tax m respect of, among other things, motor vehicles used solely or principally by schools for the purpose of driver education of school children. With the repeal of the Education and Public Instruction Act 1987 by the Education Reform Act 1990, certain references under the former Act to State and registered schools have been superseded. The purpose of this amendment is to update the references so that they are consistent with the terminology used in the Education Reform Act 1990.
NEW SOUTH WALES LOTTERIES ACT 1990 No. 78
AMENDMENT
Schedule 3 (Savings, transitional and other provisions):
Omit clause 8 (4) and (5).
COMMENCEMENT
The amendments to the New South Wales Lotteries Act 1990 commence on the date of assent to this Act. Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
EXPLANATORY NOTE
The proposed amendments remove superfluous provisions applying to officers of the
State Lotteries Office who have become members of staff of NSW Lotteries.
POLICE AND SUPERANNUATION LEGISLATION (AMENDMENT)
ACT 1990 No. 48
AMENDMENT
Schedule 1 (Amendment of Acts relating to police):
From item (1) of the amendments to the State Emergency and Rescue Management Act 1989, omit “organisations”, insert instead “organisation”.
COMMENCEMENT
The amendment to the Police and Superannuation Legislation (Amendment) Act 1990 is taken to have commenced on 1 July 1990 (the day on which that Act commenced).
EXPLANATORY NOTE
The proposed amendment corrects an incorporating direction.
PUBLIC HEALTH ACT 1991 No. 10
AMENDMENT
Section 72 (Powers of entry):
From section 72 (2) (a), omit “1990”, insert instead “1991”.
COMMENCEMENT
The amendment to the Public Health Act 1991 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment corrects a reference to the Act.
SENTENCING ACT 1989 No. 87
AMENDMENT
Schedule 1 (Provisions relating to the members of the Board, divisions of the Board and procedure):
From clause 6 (1) (h), omit “or”
COMMENCEMENT
The amendment to the Sentencing Act 1989 commences on the date of assent to this
Act.
EXPLANATORY NOTE
The proposed amendment omits an unnecessary word.
Stature Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
STATE EMERGENCY AND RESCUE MANAGEMENT ACT
1989 No. 165
AMENDMENTS
(1) Section 54 (Accreditation of rescue units by Minister):
From section 54 (3), omit “affect”, insert instead “effect”.
(2) Section 62 (Personal liability of members of management
organisat ions etc.): From section 62 (b), omit “member),”, insert instead “member); or”
COMMENCEMENT
The amendments to the State Emergency and Rescue Management Act 1988 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments correct a spelling error (item (1)) and insert the appropriate conjunction in a list of alternatives (item (2)).
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1991 No. 17
AMENDMENT
Schedule 1 (Minor amendments):
From item (2) (a) of the amendments to the Superannuation Act
1916, omit “GF”, insert instead “CF”.
COMMENCEMENT
The amendment to the Statute Law (Miscellaneous provisions) Act 1991 is taken to have commenced on 3 May 1991 (the day on which item (2) (a) of the amendments to the Superannuation Act 1916 in Schedule 1 to that Act commenced).
EXPLANATORY NOTE
The proposed amendment corrects an incorporating direction.
SUMMARY OFFENCES ACT 1988 No. 25
AMENDMENTS
(1) section 3 (Definitions):
From paragraph (a) of the definition of “prostitution” in section 3
(1), omit “section 61A”, insert instead “section 61H”.
(2) Section 20 (Public acts of prostitution):
From paragraph (a) of the definition of “act of prostitution” in section 20 (5), omit “section 61A”, insert instead “section 61H”.
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
COMMENCEMENT
The amendments to the Summary Offences Act 1988 commence on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendments substitute references to a repealed section of the Crimes
Act 1900 with references to the section that replaced it.
VALUATION OF LAND ACT 1916 No. 2
AMENDMENT
Section 67 (Valuation for the purposes of Fire Brigades Act 1989):
From section 67 (1), omit “section 6”. insert instead “section 5”.
COMMENCEMENT
The amendment to the Valuation of Land Act 1916 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment corrects a cross-reference.
WENTWORTH IRRIGATION ACT 1890 54 VIC. No. 7
AMENDMENT
Long title:
Omit “Water Resources Commission, to enable the Commission”, insert instead “Water Administration Ministerial Corporation, to enable it”.
COMMENCEMENT
The amendment to the Wentworth Irrigation Act 1890 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment up-dates a references to the Water Resources Commission
(which has been replaced by the Ministerial Corporation).
WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND
RESCUE SERVICES) ACT 1987 No. 83
AMENDMENTS
Sections 16 and 30 (Hearing of claims):
Before “Compensation Court” where secondly occurring in section
16 (6) and 30 (6), insert “the”.Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 2
COMMENCEMENT
The amendments to the Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987 commence on the date of assart to this Act.
EXPLANATORY NOTE
The proposed amendments rectify grammatical errors consisting ob the omission of the definite article in each case.
SCHEDULE 3—REPEALS
(Sec. 4)
Maritime Services Co-ordination Board Act 1932 No. 54**
Potato Growers Licensing Act 1940 No. 13**
Co-operation (Amendment) Act 1948 No. 45*
Co-operation (Amendment) Act 1958 No. 38*
Co-operation (Amendment) Act 1960 No. 11*
Co-operation (Amendment) Act 1961 No. 56*'
Appropriation Act 1965 No. 16**
Appropriation Act 1966 No. 46**
Appropriation Act 1967 No. 56**
Auctioneers and Agents (Amendment) Act 1967 No. 84*
Supply Act 1968 No. 17**
Appropriation Act 1968 No. 43**
Local Government (Grants Commission) Amendment Act 1968 No. 63*
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act1969 No. 17* Supply Act 1969 No. 48**
Appropriation Act 1969 No. 66**
Supply Act 1970 No. 43**
Appropriation Act 1970 No. 61**
Land Aggregation Tax Act 1971 No. 4**
Land Aggregation Tax Management Act 1971 No. 18**
Supply Act 1971 No. 32**Appropriation Act 1971 No. 40**
Supply Act 1972 No. 46**
Appropriation Act 1972 No. 62**
Auctioneers and Agents (Amendment) Act 1973 No. 8*
Justices (Amendment) Act 1973 No. 11*
Supply Act 1973 No. 49**
Appropriation Act 1973 No. 69**Co-operation (Amendment) Act 1974 No. 3*
Supply Act 1974 No. 55**
Coal and Oil Shale Mine Workers (Superannuation) 'on) Amendment Act 1974 No. 65*
Appropriation Act 1974 No. 74**
Irrigation (Amendment) Act 1974 No. 82*
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 3
District Court (Amendment) Act 1975 No. 1*
Local Government (Appeals) Amendment Act 1975 No. 34*
Supply Act 1975 No. 46**
Appropriation Act 1975 No. 73**
Supply Act 1976 No. 36**
Appropriation Act 1976 No. 71**
Supply Act 1977 No. 71**
Appropriation Act 1977 No. 107**
Local Government (Rating) Amendment Act 1977 No. 132*
Supply Act 1978 No. 76**
Constitution (Public Service) Amendment Act 1978 No. 78*
Appropriation Act 1978 No. 92**
Local Government (Rating and Valuation) Amendment Act 1978 No. 127*
Constitution (Public Service) Amendment Act 1979 No. 91*
Supply Act 1979 No. 115**
Appropriation Act 1979 No. 127**
Canned Fruits Marketing Act 1979 No. 195**
District Court (Amendment) Act 1979 No. 196*
Local Government (Amendment) Act 1979 No. 199*
Supply Act 1980 No. 111**
Appropriation Act 1980 No. 126**
Local Government (Public Vehicles) Amendment Act 1980 No. 157*
Law Reform Commission (Amendment) Act 1981 No. 1*
Supply Act 1981 No. 100**
Appropriation Act 1981 No. 104**
Local Government (Rating) Amendment Act 1981 No. 114*
Crimes (Homicide) Amendment Act 1982 No. 24*
Local Government (Boundaries Commission) Amendment Act 1982 No. 59*
Supply Act 1982 No. 97**
Appropriation Act 1982 No. 111**
Justices (Local Courts) Amendment Act 1982 No. 165*
Local Government (Rating and Finance) Amendment Act 1982 No. 178*
Crimes (Amendment) Act 1983 No. 10*
Justices (Procedure) Amendment Act 1983 No. 11*
Justices (Amendment) Act 1983 No. 32*
Sydney Cove Redevelopment Authority (Amendment) Act 1983 No. 73***
Supply Act 1983 No. 79**
Appropriation Act 1983 No. 109**
Health Insurance Levies (Amendment) Act 1983 No. 162*
Justices (Procedure) Further Amendment Act 1983 No. 169*
Medical Practitioners (Further Amendment) Act 1983 NO. 177*
District Court (Interest) Amendment Act 1983 No. 202*
Dairy Industry (Amendment) Act 1984 No. 27***
Irrigation (Amendment) Act 1984 No. 67*
Supply Act 1984 No. 108**
Appropriation Act 1984 No. 114**
Law Reform Commission (Amendment) Act 1984 No. 117*
Co-operation (Amendment) Act 1984 No. 144*
Justices (Amendment) Act 1985 No. 1*Statute Law (Miscellaneous Provisions) (No. 2) 1994—Sch. 3
Coal Mines Regulation (Amendment) Act 1985 No. 57*
Supply Act 1985 No. 111**
Appropriation Act 1985 No. 122**
Local Government (Pastures Protection) Amendment Act 1985 No. 173*
Local Government (Traffic) Amendment Act 1985 No. 204*
Health Insurance Levies (Administration) Amendment Act 1985 No. 222*
Health Administration (Area Health Services) Amendment Act 1986 No. 52*
Auctioneers and Agents (Amendment) Act 1986 No. 63*
Supply Act 1986 No. 96**
Appropriation Act 1986 No. 99**
Local Government (Inspectors' Reports) Amendment Act 1986 No. 114*
Darling Harbour Authority (Amendment) Act 1986 No. 184*
Hay Irrigation (Amendment) Act 1986 No. 198*
Irrigation (Amendment) Act 1986 No. 199*
Co-operation (Amendment) Act 1987 No. 19*
Darling Harbour Authority (Amendment) Act 1987 No. 47*
Constitution (Amendment) Act 1987 No. 64*
Auctioneers and Agents (Finance) Amendment Act 1987 No. 69*
Construction Safety (Workers Compensation) Amendment Act 1987 NO. 73*Health Insurance Levies (Information Disclosure) Amendment Act 1987
No. 92*
Gas (Amendment) Act 1987 No. 107*
Supply Act 1987 No. 146**
Appropriation Act 1987 No. 153**
Justices (Amendment) Act 1987 No. 178*
Environmentally Hazardous Chemicals (Amendment) Act 1987 No. 191*
Auctioneers and Agents (Sale of Land) Amendment Act 1987 No. 193*Local Government and Other Authorities (Superannuation) Amendment Act
1987 No. 215*
Co-operation (Indemnities and Guarantees) Amendment Act 1987 No. 247*
District Court (Civil Claims) Amendment Act 1987 No. 282*
Constitution (Parliamentary Secretaries) Amendment Act 1988 No. 2*
Evidence (Crown Privilege) Amendment Act 1988 No. 3*
Darling Harbour Casino (Repeal) Act 1988 No. 11*
Area Health Services (Visiting Practitioners) Amendment Act 1988 No. 32*
Supply Act 1988 No. 51**
Constitution (Governor's Salary) Amendment Act 1988 No. 52*
Appropriation Act 1988 No. 59**
Motor Vehicles Taxation Management (Amendment) Act 1988 No. 77*
Criminal Procedure (Amendment) Act 1988 No. 96*
Co-operation (Amendment) Act 1988 No. 107*
Independent Commission Against Corruption (Amendment) Act 1989 No. 28*
Environmental Planning and Assessment (Amendment) Act 1989 No. 32*
Meat Industry (Amendment) Act 1989 No. 33*
Crimes (Apprehended Violence) Amendment Act 1989 No. 62*
Business Franchise Licences (Tobacco) Amendment Act 1989 No. 81*Business Franchise Licences (Petroleum Products) Amendment Act 1989
No. 82*
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 3
Business Franchise Licences (Petroleum Products) (Road Funding) Amendment Act 1989 No. 96*
Egg Industry (Repeal and Deregulation) Act 1989 No. 99**
Supply Act 1989 No. 112**
Business Franchise Licences (Tobacco) Further Amendment Act 1989 No. 114*
Compensation Court (Amendment) Act 1989 No. 118*
Mining (Access to Lands) Amendment Act 1989 No. 136*
Legal Aid Commission (Amendment) Act 1989 No. 137*
Mining (Geological and Mining Museum) Amendment Act 1989 No. 141*
Area Health Services (Elections) Amendment Act 1989 No. 142*
Appropriation Act 1989 No. 151**
Community Welfare (Amendment) Act 1989 No. 162*
Fair Trading (Amendment) Act 1989 No. 167*
Criminal Procedure (Fines) Amendment Act 1989 No. 170*
Fisheries and Oyster Farms (Advisory Council) Amendment Act 1989 No. 177*
Evidence (Religious Confessions) Amendment Act 1989 No. 187*
Factories, Shops and Industries (Amendment) Act 1989 No. 200*
Motor Vehicles Taxation (Amendment) Act 1989 No. 205*Health Administration (Quality Assurance Committees) Amendment Act 1989
No. 207*
Constitution (Legislative Assembly) Amendment Act 1990 No. 17*
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1990
No. 18*
Auctioneers and Agents (Sale of Land) Amendment Act 1990 No. 22*
Gas (Amendment) Act 1990 No. 27*
Limitation (Amendment) Act 1990 No. 36*
Fisheries and Oyster Farms (Oyster Leases) Amendment Act 1990 No. 42*
Crimes (Child Victim Evidence) Amendment Act 1990 No. 49*
Legal Aid Commission (Amendment) Act 1990 No. 68*Factories, Shops and Industries (Christmas Trading) Amendment Act 1990
No. 75*
Fair Trading (Public Warnings) Amendment Act 1990 No. 86*
Motor Accidents (Amendment) Act 1990 No. 90*
Crimes (Injuries) Amendment Act 1990 No. 101*
Crimes (Police Evidence) Amendment Act 1990 No. 102*
District Court (Amendment) Act 1990 No. 103*Election Funding (Amendment) Act 1991 No. 13*
Local Government (Elections) Amendment Act 1991 No. 16* Note: *
indicates repeal of amending Act the provisions of which 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 that is no longer of public utility *** indicates repeal of Act containing uncommenced provisions Statute Law (Miscellaneous Provisions) (No. 2) 1991—Sch. 3
EXPLANATORY NOTE
The repeals an 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.
Section 30 (2) of the lnterpretation 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 or repeal on acts done or decisions made
1. 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 of 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 net, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
Regulations
2. (1) The Governor may make regulations containing 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 of 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 of 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.
Statute Law (Miscellaneous Provisions) (No. 2 ) 1991—Sch. 4
EXPLANATORY NOTE
This clause enables the making of regulations of a transitional or saving nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made m the Act.
NOTES
Index of Acts amended by Schedules 1 and 2
Aboriginal Land Rights Act 1983 No. 42—Sch. 2
Adoption Information Act 1990 No. 63—Sch. 2
Animal Research Act 1985 No. 123—Sch. 1 Anti-Discrimination Act 1977 No. 48—Sch. 2
Anzac Memorial (Building) Act 1923 No. 27—Sch. 1
Archives Act 1960 No. 46—Sch. 1
Area Health Services Act 1986 No. 50—Sch. 1
Auctioneers and Agents Act 1941 No. 28—Sch. 2 Australian Museum Trust Act 1975 No. 95—Sch. 1
Board of Adult and Community Education Act 1990 No. 119—Sch. 1
Boxing and Wrestling Control Act 1986 No. 11—Sch. 1 Business Licences Act 1990 No. 72—Sch. 1
Catchment Management Act 1989 No. 235—Sch. 1
Children (Care and Protection) Act 1987 No. 54—Sch. 1
Commercial Tribunal Act 1984 No. 98—Sch. 1
Community Land Development Act 1989 No. 201—Sch. 1
Community Land Management Act 1989 No. 202—Sch. 1
Compensation Court Act 1984 No. 89—Sch. 1Constitution and Parliamentary Electorates and Elections (Amendment) Act
1990 No. 111—Sch. 2
Construction Safety Act 1912 No. 38—Sch. 1
credit Act 1984 No. 94—Sch. 1
Credit (Administration) Act 1984 No. 95—Sch. 1
Criminal Appeal Act 1912 No. 16—Sch. 2
Crown Lands Act 1989 No. 6—Sch. 1
Crown Lands (Continued Tenures Act 1989 No. 7—Sch. 1
Dangerous Goods Act 1975 No. 68—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
Drug Offensive Act 1987 No. 119—Sch. 2
Electricity Act 1945 (1946 No. 13)—Sch. 1
Environmental Offences and Penalties Act €989 No. 150—Sch. 1
Exhibited Animals Protection Act 1986 No. 123—Sch. 1
Factories, Shops and Industries Act 1962 No. 43—Sch. 1
Fair Trading Act 1987 No. 68—Sch. 1
Freedom of Information Act 1989 No. 5—Sch. 1
Gas Act 1986 No. 213—Sch. 2Grain Marketing Act 1991 No. 15—Sch. 1
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Hay Irrigation Act 1902 No. 57—Sch. 2
Health Administration Act 1982 No. 135—Sch. 1
Industrial Arbitration Act 1940 No. 2—Sch. 1
Interpretation Act 1987 No. 15—Sch. 1
Irrigation Act 1912 No. 73—Sch. 1
Judges’ Pensions Act 1953 No. 41—Sch. 1
Land and Environment Court Act 1979 No. 204—Sch. 1
Legal Profession Act 1987 No. 109—Sch. 2
Local Courts (Civil Claims) Act 1970 No. 11—Sch. 2
Local Government Act 1919 No. 41—Sch. 1Local Government (Theatres and Public Halls) Amendment Act 1989 No. 10—
Sch. 2
Lotto Act 1979 No. 53—Sch. 1
Marine Administration Act 1989 No. 93—Sch. 1
Maritime Services Act 1935 No. 47—Sch. 1
Medical Practitioners Act 1938 No. 37—Sch. 1
Miscellaneous Acts (Public Health) Repeal and Amendment Act 1990 No.123—Sch. 2
Motor Dealers Act 1974 No. 52—Sch. 1
Motor Vehicles Taxation Act 1988 No. 111—Sch. 2
New South Wales Lotteries Act 1990 No. 78—Sch. 2
Nurses Act 1991 No. 9—Sch. 1
Occupational Health and Safety Act 1983 No. 20—Sch. 1
Parliamentary Electorates and Elections Act 1912 No. 41—Sch. 1
Pharmacy Act 1964 No. 48—Sch. 1
Physiotherapists Registration Act 1945 No. 9—Sch. 1
Pipelines Act 1967 No. 90—Sch. 1
Podiatrists Act 1989 No. 23—Sch. 1
Police Association Employees (Superannuation) Act 1969 No. 33—Sch. 1
Police Regulation (Superannuation) Act 1906 No. 28—Sch. 1
Police and Superannuation Legislation (Amendment) Act 1990 No. 48—Sch. 2
Prisons Act 1952 No. 9—Sch. 1
Psychologists Act 1989 No. 51—Sch. 1
Public Finance and Audit Act 1983 No. 152—Sch. 1
Public Health Act 1991 No. 10—Sch. 2
Public Hospitals Act 1929 No. 8—Sch. 1
Public Sector Management Act 1988 No. 33—Sch. 1
Registration of Interests in Goods Act 1986 No. 37—Sch. 1
Residential Tenancies Act 1987 No. 26—Sch. 1
Rural Assistance Act 1989 No. 97—Sch. 1
Sentencing Act 1989 No. 87—Sch. 2
Soccer Football Pools Act 1975 No. 45—Sch. 1
State Authorities Non-contributory Superannuation Act 1987 No. 212—Sch. 1
State Authorities Superannuation Act 1987 No. 211—Sch. 1
State Emergency and Rescue Management Act 1980 No. 165—Sch. 2
State Owned Corporations Act 1989 No. 134—Sch. 1
Statute Law (Miscellaneous Provisions) Act 1991 No. 17—Sch. 2
Stock Diseases Act 1923 No. 34—Sch. 1
Summary Offences Act 1988 No. 25—Sch. 2
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Superannuation Act 1916 No. 28—Sch. 1 Supreme Court Act 1970 No. 52—Sch. 1 Sydney Market Authority Act 1968 No. 11—Sch. 1
Transport Administration Act 1988 No. 109—Sch. 1 1
Travel Agents Act 1986 No. 5—Sch. 1
Trustee Companies Act 1964 No. 6—Sch. 1
University of Western Sydney Act 1988 No. 90—Sch. 1
Valuation of Land Act 1916 No. 2—Sch. 2
Vocational Education and Training Accreditation Act 1990 No. 120—Sch. 1
Water Board Act 1987 No. 141—Sch. 1
Water Supply Authorities Act 1987 No. 140—Sch. 1
Wentworth Irrigation Act 1890 54 Vic No. 7—Sch. 2
Wesley College Incorporation Act 1910—Sch. 1
Western Lands Act 1901 No. 70—Sch. 1
Workers Compensation Act 1987 No. 70—Sch. 1
Workers Compensation (Benefits) Amendment Act 1989 No. 133—Sch. 1Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
No. 83—Sch. 2
Index of Acts repealed by Schedule 3
Appropriation Act 1965 No. 16 Appropriation Act 1966 No. 46 Appropriation Act 1967 No. 56 Appropriation Act 1968 No. 43 Appropriation Act 1969 No. 66 Appropriation Act 1970 No. 61 Appropriation Act 1971 No. 40 Appropriation Act 1972 No. 62 Appropriation Act 1973 No. 69 Appropriation Act 1974 No. 74 Appropriation Act 1975 No. 73 Appropriation Act 1976 No. 71 Appropriation Act 1977 No. 107
Appropriation Act 1978 No. 92
Appropriation Act 1979 No. 127
Appropriation Act 1980 No. 126
Appropriation Act 1981 No. 104
Appropriation Act 1982 No. 111
Appropriation Act 1983 No. 109
Appropriation Act 1984 No. 114
Appropriation Act 1985 No. 122
Appropriation Act 1986 No. 99
Appropriation Act 1987 No. 153
Appropriation Act 1988 No. 59
Appropriation Act 1989 No. 151
Area Health Services (Elections) Amendment Act 1989 No. 142
Area Health Services (Visiting Practitioners) Amendment Act 1988 NO. 32Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Auctioneers and Agents (Amendment) Act 1967 No. 84
Auctioneers and Agents (Amendment) Act 1973 No. 8
Auctioneers and Agents (Amendment) Act 1986 No. 63
Auctioneers and Agents (Finance) Amendment Act 1987 No. 69
Auctioneers and Agents (Sale of Land) Amendment Act 1987 NO. 193
Auctioneers and Agents (Sale of Land) Amendment Act 1990 No. 22Business Franchise Licences (Petroleum Products) Amendment Act 1989
No. 82
Business Franchise Licences (Petroleum products) (Road Funding) Amendment Act 1989 No. 96
Business Franchise Licences (Tobacco) Amendment Act 1989 No. 81
Business Franchise Licences (Tobacco) Further Amendment Act 1989 No. 114
Canned Fruits Marketing Act 1979 No. 195
Co-operation (Amendment) Act 1948 No. 45
Co-operation (Amendment) Act 1958 No. 38
Co-operation (Amendment) Act 1960 No. 11
Co-operation (Amendment) Act 1961 No. 56
Co-operation (Amendment) Act 1974 No. 3
Co-operation (Amendment) Act 1984 No. 144
Co-operation (Amendment) Act 1987 No. 19
Co-operation (Amendment) Act 1988 No. 107
Co-operation (Indemnities and Guarantees) Amendment Act 1987 No. 247Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1969
No. 17
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1974
No. 65
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1990
No. 18
Coal Mines Regulation (Amendment) Act 1985 No. 57
Community Welfare (Amendment) Act 1989 No. 162
Compensation Court (Amendment) Act 1989 No. 118
Constitution (Amendment) Act 1987 No. 64
Constitution (Governor’s Salary) Amendment Act 1988 No. 52
Constitution (Legislative Assembly) Amendment Act 1990 No. 17
Constitution (Parliamentary Secretaries) Amendment Act 1988 No. 2
Constitution (Public Service) Amendment Act 1978 No. 78
Constitution (Public Service) Amendment Act 1979 No. 91
Construction Safety (Workers Compensation) Amendment Act 1987 No. 73
Crimes (Amendment) Act 1983 No. 10
Crimes (Apprehended Violence) Amendment Act 1989 No. 62
Crimes (Child Victim Evidence) Amendment Act 1990 No. 49
Crimes (Homicide) Amendment Act 1982 No. 24Crimes (Injuries) Amendment Act 1990 No. 101
Crimes (Police Evidence) Amendment Act 1990 No. 102 .. Criminal Procedure (Amendment) Act 1988 No. 96 Criminal Procedure (Fines) Amendment Act 1989 No. 170
Dairy Industry (Amendment) Act 1984 No. 27
Darling Harbour Authority (Amendment) Act 1986 No. 184
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Darling Harbour Authority (Amendment) Act 1987 No. 47 Darling Harbour Casino (Repeal) Act 1988 No. 11 District Court (Amendment) Act 1975 No. 1 District Court (Amendment) Act 1979 No. 196 District Court (Amendment) Act 1990 No. 103 District Court (Civil claims) Amendment Act 1987 No. 282 District Court (Interest) Amendment Act 1983 No. 202 Egg Industry (Repeal and Deregulation Act 1989 No. 99
Election Funding (Amendment) Act 1991 No. 13
Environmental Planning and Assessment (Amendment) Act 1989 No. 32
Environmentally Hazardous Chemicals (Amendment) Act 1987 No. 191
Evidence (Crown Privilege) Amendment Act 1988 No. 3
Evidence (Religious Confessions) Amendment Act 1989 No. 187
Factories, Shops and Industries (Amendment) Act 1989 No. 200Factories, Shops and Industries (Christmas Trading) Amendment Act 1990
No. 75
Fair Trading (Amendment) Act 1989 No. 167
Fair Trading (public Warnings) Amendment Act 1990 No. 86
Fisheries and Oyster Farms (Advisory Council) Amendment Act 1989 No. 177
Fisheries and Oyster Farms (Oyster Leases) Amendment Act 1990 No. 42
Gas (Amendment) Act 1987 No. 107
Gas (Amendment) Act 1990 No. 27
Hay Irrigation (Amendment) Act 1986 No. 198
Health Administration (Area Health Services) Amendment Act 1986 No. 52Health Administration (Quality Assurance Committees) Amendment Act 1989
No. 207
Health Insurance Levies (Administration) Amendment Act 1985 No. 222
Health Insurance Levies (Amendment) Act 1983 No. 162
Health Insurance Levies (Information Disclosure) Amendment Act 1987 No. 92
Independent Commission Against Corruption (Amendment) Act 1989 No. 28
Irrigation (Amendment) Act 1974 No. 82
Irrigation (Amendment) Act 1984 No. 67
Irrigation (Amendment) Act 1986 No. 199
Justices (Amendment) Act 1973 No. 11
Justices (Amendment) Act 1983 No. 32
Justices (Amendment) Act 1985 No. 1
Justices (Amendment) Act 1987 No. 178
Justices (Local Courts) Amendment Act 1982 No. 165
Justices (Procedure) Amendment Act 1983 No. 11
Justices (Procedure) Further Amendment Act 1983 No. 169
Land Aggregation Tax Act 1971 No. 4
Land Aggregation Tax Management Act 1971 No. 18
Law Reform Commission (Amendment) Act 1981 No. 1
Law Reform Commission (Amendment) Act 1984 No. 117'
Legal Aid Commission (Amendment) Act 1989 No. 137
Legal Aid Commission (Amendment) Act 1990 No. 68
Limitation (Amendment) Act 1990 No. 36
Local Government (Amendment) Act 1979 No. 199Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Local Government and Other Authorities (Superannuation) Amendment Act
1987 No. 215
Local Government (Appeals) Amendment Act 1975 No. 34
Local Government (Boundaries Commission) Amendment Act 1982 No. 59
Local Government (Elections) Amendment Act 1991 No. 16
Local Government (Grants Commission) Amendment Act 1968 No. 63
Local Government (Inspectors' Reports) Amendment Act 1986 No. 114
Local Government (Pastures Protection) Amendment Act 1985 No. 173
Local Government (Public Vehicles) Amendment Act 1980 No. 157
Local Government (Rating) Amendment Act 1977 No. 132
Local Government (Rating) Amendment Act 1981 No. 114
Local Government (Rating and Finance) Amendment Act 1982 No. 178
Local Government (Rating and Valuation) Amendment Act 1978 No. 127
Local Government (Traffic) Amendment Act 1985 No. 204
Maritime Services Co-ordination Board Act 1932 No. 54
Meat Industry (Amendment) Act 1989 No. 33
Medical Practitioners (Further Amendment) Act 1983 No. 177
Mining (Access to Lands) Amendment Act 1989 No. 136
Mining (Geological and Mining Museum) Amendment Act 1989 No. 141
Motor Accidents (Amendment) Act 1990 No. 90
Motor Vehicles Taxation (Amendment) Act 1989 No. 205
Motor Vehicles Taxation Management (Amendment) Act 1988 No. 77
Potato Growers Licensing Act 1940 No. 13
Supply Act 1968 No. 17
Supply Act 1969 No. 48
Supply Act 1970 No. 43
Supply Act 1971 No. 32
Supply Act 1972 No. 46
Supply Act 1973 No. 49
Supply Act 1974 No. 55
Supply Act 1975 No. 46
Supply Act 1976 No. 36
Supply Act 1977 No. 71
Supply Act 1978 No. 76
Supply Act 1979 No. 115
Supply Act 1980 No. 111
Supply Act 1981 No. 100
Supply Act 1982 No. 97
Supply Act 1983 No. 79
Supply Act 1984 No. 108
Supply Act 1985 No. 111
Supply Act 1986 No. 96
Statute Law (Miscellaneous Provisions) (No. 2) 1991—Notes
Supply Act 1987 No. 146
Supply Act 1988 No. 51
Supply Act 1989 No. 112Sydney Cove Redevelopment Authority (Amendment) Act 1983 No. 73
[Minister's second reading speech made in—
Legislative Assembly on 12 November 1991
Legislative Council on 4 December 1991]
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