Statute Law (Miscellaneous Provisions) Act (No 2) 1992 (NSW)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 2 ) 1992 No. 57
NEW SOUTH WALES
TABLE OF PROVISIONS
l. Short title
2. Commencement
3. Amendments
4. Repeals
5. General savings, transitional and other provisions
6. Explanatory notes
SCHEDULE 1—MINOR AMENDMENTS
Business Franchise Licences (Petroleum Products) Act 1987 No. 94
Business Franchise Licences (Tobacco) Act 1987 No. 93
Clean Air Act 1961 No. 69
Clean Waters Act 1970 No. 78
Conveyancing Act 1919 No. 6
Co-operation Act 1923 (1924 No. 1)
Crown Lands Act 1989 No. 6
Debits Tax Act 1990 No. 112
District Court Act 1973 No. 9
Environmental Offences and Penalties Act 1989 No. 150
Environmentally Hazardous Chemicals Act 6985 No. 14
Fire Brigades Act 1989 No. 192
Forestry Act 1916 No. 55
Friendly Societies Act 1989 No. 232
Health Insurance Levies Act 1982 No. 159
Industrial Relations Act 1991 No. 34
Interpretation Act 1987 No. 15
Judgment Creditors' Remedies Act 1901 No. 8
Land Tax Management Act 1956 No. 26
Local Courts (Civil Claims) Act 1970 No. 11
Local Government Act 1919 No. 41
Noise Control Act 1975 No. 35
ii
Statute Law (Miscellaneous Provisions) Act (No. 2 ) 1992 No. 57
Pay-roll Tax Act 1971 No. 22
Plant Diseases Act 1924 No. 38
Police Regulation (Superannuation) Act 1906 No. 28
Pollution Control Act 1970 No. 95
Protection of the Environment Administration Act 1991 No. 60
Soil Conservation Act 1938 No. 10
Stamp Duties Act 1920 No. 47
Supreme Court Act 1970 No. 52
Swimming Pools Act 1992 No. 49
Sydney Market Authority Act 1968 No. 11
Transport Administration Act 1988 No. 109
Valuation of Land Act 1916 No. 2
Waste Disposal Act 1970 No. 97
Wild Dog Destruction Act 1921 No. 17
| SCHEDULE | 2—AMENDMENTS BY WAY OF STATUTE LAW REVISION |
SCHEDULE 3—REPEALS
SCHEDULE 4—GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT
(No. 2 ) 1992 No. 57
NEW SOUTH W A LES
Act No. 57, 1992
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 8 October 1992]
Statute Law (Miscellaneous Provisions) Act (No. 2 ) I992 No. 57
The Legislature of New South Wales enacts:
Short title
1. This A ct m ay b e cited as the Statute L aw (Miscellaneous Provisions) A ct
(No. 2 ) 1992.
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)
BUSINESS FRANCHISE LICENCES (PETROLEUM PRODUCTS)
ACT 1987 No. 94
AMENDMENTS
Section 62 (Disclosure of information):
| (a) | After section 62 (5) (a), insert: (a1) prevent information being disclosed or a record being made |
available to, or that information being disclosed or that record being published by, the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law;
(b) From section 62 (5) (b), omit “or” where lastly occurring.
(c) After section 62 (5) (c), insert:
Statute Law (Miscellaneous Provisions) Act (No. 2 ) 1992 No. 57—Sch. 1
| (d) | prevent the disclosure or publication by the Chief Commissioner of m aterial derived from inform ation or records referred to in subsection ( 1 ) if the disclosure or publication does not directly o r indirectly divulge information identifying the affairs of a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
COMMENCEMENT
The amendments to the Business Franchise Licences (Petroleum Products) Act 1987 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to the Business Franchise Licences (Petroleum Products) Act 1987 apply to information and records whenever obtained.
EXPLANATORY NOTE
Section 62 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects.
Firstly, it is proposed to amend the section to make it clear that information and records obtained in connection with the administration and execution of the Act and regulations under the Act may be disclosed or made available to, and in turn may be disclosed or published by, the Auditor-General to enable the Auditor-General to exercise functions under the Public Finance and Audit Act 1983 or any other law. This modification is required because, while section 36 (1) of the Public Finance and Audit Act 1983 provides that, for the purpose of exercising those functions, the Auditor-General is entitled to full and free access to records, accounts and other material, section 62 might be seen as restricting the Auditor-General's access to information and records held under the Business Franchise Licences (Petroleum Products) Act 1987.
The second proposed modification makes it clear that the Chief Commissioner may disclose or publish information (such as aggregated or statistical information) derived from information or records obtained under the Act provided that, in so doing, no information is disclosed or published that identifies the affairs of specific persons. Further, the proposed modification makes it clear that, once such information has been published or disclosed by the Chief Commissioner, any other person is free to disclose or publish that material. The practice of publishing such material is a long standing one.
The amendments apply to information and records whenever obtained.
The amended provision (section 62 (5)) w ill read as follows:
(5) Subsection (1) does not:
| (a) | prevent the disclosure of information, or the publication of a record, in accordance with a lawful requirement of the Commonwealth Statistician; |
Statute Law (Miscellaneous Provisions) Act (No. 2 ) 1992 No. 57—Sch. 1
(a1) prevent information being disclosed or a record being made available to, or that information being disclosed or that record being published by, the Auditor-General for the purpose of exercising functions conferredorimposedon theAuditor-General by the PublicFinance and Audit Act 1983 or any other law;
| (b) | prevent a record from being made available to, or disposed of or otherwise dealt with by, the Archives Authority of New South Wales in accordance with the Archives Act 1960; | |
| (c) | apply to information, or a record, obtained for the purposes of this Act under a corresponding law within the meaning of section 3 (1) of the Revenue Laws (Reciprocal Powers ) Act 1987; | |
| (d) | prevent the disclosure or publication by the Chief Commissioner of material derived from information or records referred to in subsection | |
|
information identifying the affairs of a particular person; or
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
(Matter to be inserted is shown in bold type.)
BUSINESS FRANCHISE LICENCES (TOBACCO) ACT 1987 No. 93
AMENDMENTS
Section 6 9 (Disclosure of information):
| (a) | After section 69 (5) (a), insert: (a1) prevent information being disclosed o r a record being m ade |
available to, or that information being disclosed or that record being published by, the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law;
| (b) | From section 6 9 (5) (b), omit “ o r” where lastly occurring. |
(c) After section 6 9 (5) (c), insert:
| (d) | prevent the disclosure or publication by the Chief Commissioner of material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly o r indirectly divulge information identifying the affairs of a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
Statute Law (Miscellaneous Provisions) Act (No. 2 ) 1992 No. 57—Sch. 1
COMMENCEMENT
The amendments to the Business Franchise Licences (Tobacco) Act 1987 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to the Business Franchise Licences (Tobacco) Act 1987 apply to information and records whenever obtained.
EXPLANATORY NOTE
Section 69 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects in the same manner as the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere in this Schedule. The explanatory note to the amendments to that Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 69.
CLEAN AIR ACT 1961 No. 69
AMENDMENTS
(1) Section 2 (Construction and application of Act):
Omit section 2 (2).
| (2 ) | Section 2A: |
After section 2 , insert:
Act to bind Crown
2A. This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament perm its, the Crown in a ll its other ,capacities.
COMMENCEMENT
The amendments to the Clean Air Act 1961 commence on the date of assent to this
Act.
EXPLANATORY NOTE
The Clean Air Act 1961 is one of a number of related Acts constituting “environment protection legislation” under the Protection of the Environment Administration Act 1991. Some of those Acts (but not others) make it clear that they bind the Crown in all its capacities— that is, not only as the Government of New South Wales, but also, so far as it is possible for the New South Wales Parliament to impose obligations on the Crown in its other capacities, in those other capacities (for example, as the Commonwealth Government).
The proposed amendments make it clear that this Act binds the Crown in all its capacities.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
CLEAN WATERS ACT 1970 No. 78
AMENDMENT
Section 3:
Omit the section, insert instead:
Act to bind Crown
3. This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in a ll its other capacities.
COMMENCEMENT
The amendment to the Clean Waters Act 1970 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment makes it clear that the Clean Waters Act 1970 binds the elsewhere in this Schedule and the additional information in the explanatory note to those amendments is also relevant to this amendment.
Crown in all its capacities.
CONVEYANCING ACT 1919 No. 6
AMENDMENTS
(1) Section 89 (Power of Court to modify or extinguish easements and
certain covenants):
From section 89 (7), omit “register of causes, writs, and orders affecting land”, insert instead “General Register of Deeds”.
| (2 ) | Section 174 (Invalidity of writ not to affect sale): |
Omit “or any District Court”, insert instead “ , t he District Court or a
Local Court”.
COMMENCEMENT
Item (1) of the amendments to the Conveyancing Act 1919 commences or is taken to have commenced on the day appointed for the commencement of Schedule 1 (3) to the Conveyancing (Amendment) Act 1992.
Item (2) of the amendments to the Conveyancing Act 1919 commences on the date of assent to this Act.
TRANSITIONAL
Item (2) of the amendments to the Conveyancing Act 1919 does not apply to a purchase made at a sale effected before the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
EXPLANATORY NOTE
Statute law revision (item (1)) registered in it will be registered in the General Register of Deeds as a consequence of amendments made to the Act by the Conveyancing (Amendment) Act 1992. The proposed amendment to section 89 replaces a reference to the register of causes, writs and orders with a reference to the General Register of Deeds. The proposed amendment is to commence on the date of commencement of the relevant provisions of the Conveyancing (Amendment) Act 1992.
Invalidity of writ (item (2))
At present, section 174 protects a purchaser at a sale under a writ of execution against any invalidity of the writ and makes the person at whose request the writ was issued responsible to indemnify any person prejudiced by the sale. The section presently applies only to writs issued by the Supreme Court or the District Court. Writs of execution issued by a Local Court are also enforceable against land if at least $3,000 or another prescribed amount is involved The proposed amendment, by including reference to a Local Court in section 174, extends the application of the section for the benefit of purchasers under writs of execution issued by such a Court.
CO-OPERATION ACT 1923 (1924 NO. 1)
AMENDMENTS
(1) Section 78:
Omit the section, insert instead:
Fees and charges
78. (1) A society must furnish to any person intending to become a member written notice of fees and charges payable by a member to the society.
(2) A person who becomes a member of a society is not liable to pay any fees or charges except those of which the person was given written notice before becoming a member, together with any fees and charges (and any increase in an existing fee or charge) that may be imposed by any subsequent alteration of the rules of the society.
(3) Furthermore, no fee or charge is payable by a member unless:
| (a) | in the case of a co-operative housing society—a maximum has been set for the fee or charge by the Director of Housing by order published in the Gazette and the fee or charge does not exceed that maximum; or |
| (b) | in any other case—the fee or charge has been approved by the registrar. |
| (4) | This section does not apply to the price, fee or charge payable |
by a member for goods or services supplied or provided by a society, other than a co-operative housing society, in the ordinary course of its business.
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. l
(2) Section 83 (Alteration of rules):
At the end of section 83 (3) (b), insert:
; or
| (c) | in the case of a co-operative housing society—the alteration does no more than alter the amount of or omit an existing fee or charge or impose a new fee or charge, payable by members. |
COMMENCEMENT
The amendments to the Co-operation Act 1923 commence on a day to be appointed by proclamation.
EXPLANATORY NOTE
At present, section 78 requires intending members of a society to be furnished with a list of charges payable by members and limits liability to the charges listed (as subsequently altered or added to by alteration of the society's rules). Charges require the approval of the Director of Housing in the case of co-operative housing societies or the registrar in any other case.
Section 83 deals with alteration of the rules of a Society. It currently provides that rules may only be altered by special resolution and, in limited cases, by board resolution.
The proposed amendment to section 78:
• provides that the section is to apply to all fees and charges payable by members (such as charges for consenting to second mortgages and leases) including increases in existing fees and charges and not just entry and periodic charges but is not to apply (unless the society is a co-operative housing society) to the cost of goods sold or services supplied or provided (such as radio or telephone services) by the society in the ordinary course of its business;
• provides that, in the case of a co-operative housing society, no fee or charge is payable unless there is a maximum set for the fee or charge by the Director of Housing and the fee or charge imposed does not exceed that maximum while retaining the requirement, in any other case, for the registrar to approve of the fees and charges.
The proposed amendment to section 83 allows the rules of a co-operative housing society to be altered by board resolution (as an alternative to alteration by special resolution) if the alteration does no more than change existing, or impose new, fees and charges.
CROWN LANDS ACT 1989 No. 6
AMENDMENT
Section 26 (Appeals to Court against local land board decisions): Omit section 26 (3) and (4).
COMMENCEMENT
The amendment to the Crown Lands Act 1989 commences on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. I
TRANSITIONAL
Any regulation made for the purposes of section 26 (3) of the Crown Lands Act 1989 ceases to apply on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment repeals provisions concerning the manner in which an appeal against a decision of a local land board under the Crown Lands Act 1989 is to be made. As the appeals are to the Land and Environment Court, they will in future be made in accordance with the Rules of that Court.
DEBITS TAX ACT 1990 No. 112
AMENDMENTS
Section 41 (Disclosure of information etc.):
(a) After section 41 (5) (a), insert:
(a1) prevent information being disclosed or a record being made available to the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law, or prevent the Auditor-General from disclosing that information or publishing that record if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person; or
(b) After section 41 (5) (c), insert:
| (d) | prevent the disclosure or publication by the Chief Commissioner of material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
COMMENCEMENT
The amendments to the Debits Tax Act 1990 commence on the date of assent to this
Act.
TRANSITIONAL
The amendments to the Debits Tax Act 1990 apply to information and records whenever obtained.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
EXPLANATORY NOTE
Section 41 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects in a manner similar to the manner in which the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere in this Schedule. The explanatory note to the amendments to that Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 41, the difference being that the Auditor-General is not empowered under section 41 to disclose information or publish records which identify the affairs of particular persons.
DISTRICT COURT ACT 1973 No. 9
AMENDMENTS
(1) Section 51 (Consent jurisdiction):
| (a) | After “$250,000” in section 51 (2), insert “(or, in the case of an action commenced before 1 July 1993, $100,000”). |
(b) From section 51 (3), omit “44 (1) (b)”, insert instead “44 (1) (c)”. (2) Section 99 (Limitation on operation of garnishee orders attaching a
wage or salary):
| (a) | Omit the definitions of “prescribed rate” and “Sydney basic wage” from section 99 (1), insert instead in alphabetical order: |
“prescribed rate”, in relation to a wage or salary, means:
| (a) | if no part of the wage or salary is otherwise attached under this or any other Act—a rate equal to the weekly compensation payment; or |
| (b) | if any part of the wage or salary is otherwise attached under this or any other Act—a rate equal to the weekly compensation payment increased by the amount so attached, calculated on a weekly basis; |
“weekly compensation payment” means an amount calculated at a weekly rate that is equivalent to 80 per cent of the maximum single weekly payment of compensation for the time being referred to in section 37 (1) (a) (i) of the Workers Compensation Act 1987 as adjusted under that Act.
| (b) | From the definition of “wage or salary” in section 99 (l), omit “worker.”, insert instead “worker;”. |
(3) Section 109 (Seizing and taking under writ of execution):
From section 109 (10), omit “Penalty: $l,000”, insert instead
“Maximum penalty: 50 penalty units”.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
COMMENCEMENT
Item (1) of the amendments to the District Court Act 1973 commences on 1 July
1993.
Item (2) of the amendments to the District Court Act 1973 commences on a day to be appointed by proclamation.
Item (3) of the amendments to the District Court Act 1973 commences on the date of assent to this Act.
TRANSITIONAL
Item (2) of the amendments to the District Court Act 1973 does not apply to a garnishee order issued before the day appointed for the commencement of that item.
EXPLANATORY NOTE
Consent jurisdiction (item (1))
The Courts Legislation (Civil Procedure) Amendment Act 1991 increased the jurisdiction of the District Court in relation to specified civil actions from $l00,000 to
$250,000.The amendmentsrelating to the increasedjurisdictionallevel have been
proclaimed to commence on 1 July 1993. waived by the signing and filing by or on behalf of the parties to proceedings, at any stage of the proceedings, of a memorandum of consent. The proposed amendment to section 51 (2) (item (1) (a)) provides that, in relation to proceedings commenced before 1 July 1993, the appropriate jurisdictional limit to which a memorandum of consent relates is $100,000. The figure of $250,000 is to apply on and following that
date.
The proposed amendment to section 5 1 (3) (item (1) (b)) is required to adjust a cross-reference, on and following 1 July 1993, as the result of the substitution of a
section on that date.
Attachment of a wage or salary (item (2))
The proposed amendment to section 99, which replaces the formula to be used in determining what amount may be deducted from the wage or salary of a judgment debtor to enforce payment of a judgment debt by a gamishee order, is similar to the amendment to the Supreme Court Act 1970 elsewhere in this Schedule. Reference should be made to the explanatory note to that amendment for more information concerning this amendment.
Removal etc. of property subject to writ of execution (item (3))
It is an offence under section 109 (10) for a person who knows that personal property has been seized by the Sheriff or bailiff under a writ of execution or who has been served with a notice by the Sheriff or bailiff making the person responsible for the safekeeping of such property, to interfere with, dispose of or remove the property without the leave of the Court or the written consent of the Sheriff or bailiff. The penalty for the offence, which was fixed in 1984, is $l,000. The proposed amendment increases the penalty to a more appropriate level of 50 penalty units (at present, equivalent to $5,000).
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
ENVIRONM ENTAL OFFENCES AND PENALTIES ACT 1989
No. 150
AMENDMENT
Section 6 (Leaks, spillages etc.):
After section 6 (2), insert:
(2A) A person may be proceeded against and convicted of an offence under subsection (2) whether or not a person has been proceeded against or convicted of an offence under subsection (1) in respect of the leak, spill or other escape.
COMMENCEMENT
The amendment totheEnvironmental Offences andPenalties Act 1989 commences on the date of assent to this Act.
EXPLANATORY NOTE
Section 6 (1) provides that it is an offence for a person wilfully or negligently to cause a substance to leak, spill or otherwise escape in a manner which harms (or is likelytoharm)theenvironment. Section6 (2)providesthatcertainotherpersons (e.g. the owner of the container from which the substance escaped) are also guilty of an offence ifthey wilfully ornegligently, in a material respect, caused or contributed to the conditions which gave rise to the commission ofthe first offence. The proposed amendment makes it clearthat proceedings m aybe taken against a person in respect of an offence under section 6 (2) even if no proceedings have been taken (or no conviction recorded) in respect of an offence under section 6 (1).
ENVIRONM ENTALLY HAZARDOUS CHEM ICALS ACT 1985 No. 14
AMENDMENT
Section 4:
Omit the section, insert instead:
Act to bind Crown
4. This Act binds the Crown in right of New South W ales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
COMMENCEMENT
The amendment to the Environmentally Hazardous Chemicals Act 1985 commences on the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment makes it clear that the Environmentally Hazardous elsewhere in this Schedule and the additional information in the explanatory note to those amendments is also relevant to this amendment.
Chemicals Act 1985 binds the Crown in all its capacities.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
FIRE BRIGADES ACT 1989 No. 192
AMENDMENT
Section 35A:
After section 35, insert:
Lighting of fires close to buildings
35A. (1) A person must not, without written permission from the officer in charge of the nearest fire station, light a fire in a fire district in circumstances in which to do so would be likely to be dangerous to a building.
Maximum penalty: 10 penalty units.
(2) However, the permission referred to in subsection (1) is not
required if there is a permit in force under section 10 of the Bush
Fires Act 1949 in respect of the fire concerned.
| (3) | In a prosecution brought for an alleged offence under this |
section, the prosecution must prove that the fire was lit without the
permission referred to in subsection (1).
COMMENCEMENT
The amendmentto the Fire BrigadesAct 1989 commenceson the date of assent to this Act.
EXPLANATORY NOTE
The proposed amendment includes in the Act a provision having substantially the same effect as that of a provision which was in force under the By-laws under that Act until their repeal as part of the staged repeal program under the Subordinate Legislation Act 1989. This was the only provision relating to fire safety that was proposed to be continued following the repeal of the By-laws. The provision creates an offence and, consequently,it is proposedto enact it in the Divisionof the Act in which other offences against the Act are created. The maximum penalty for the proposed offence is the same as the maximum penalty that may be imposed for offences against the regulations.
FORESTRY ACT 1916 No. 55
AMENDMENTS
| (1) | Part 2 (State forests, timber reserves and flora reserves): |
Omit the sub-heading “Resumption or purchase of land”, insert instead “Acquisition and sale of land”.
(2) Section 15:
Omit the section, insert instead:
Acquisition and sale of land
15. (1) The M inister may, for the purpose of a State forest, for the
purpose of providing access to a State forest or for any purpose
Statute Law (Miscellaneous Provisions) Act (NO. 2) 1992 NO. 57—Sch. 1
necessary for or incidental to the management or control of a State forest, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) On acquisition, the land is vested in the Crown.
(3) The Minister may, for the purpose of giving effect to an
agreement entered into under section 16A, acquire land dedicated as State forest by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
| (4) | Despite sections 18 (2), 19, 19A and 25A (4) of this Act, the |
publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of subsection (3) operates to revoke any dedication as State forest, declaration as national forest or setting apart as flora reserve of the land referred to in the acquisition notice.
| (5) | For the purposes of the Public W orks Act 1912, any |
acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
| (6) | The Minister may, on the recommendation of the commission, |
sell any lands acquired to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest if those lands have not been dedicated as a State forest, are not required for the purpose of a State forest or to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest.
(3) Section 16A (Exchange of land dedicated as State forest):
From section 16A (2) (c), omit “appropriated”, insert instead
“compulsorily acquired”.
(4) Section 46A (Penalty notices for certain offences):
Omit section 46A (5).
COMMENCEMENT
The amendments to the Forestry Act 1916 commence on the date of assent to this
Act..
TRANSITIONAL
Items (1)-(3) of the amendments to the Forestry Act 1916 do not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue ofclause 2 ofSchedule 3 to that Act.
SAVINGS
Item (4) of the amendments to the Forestry Act 1916 does not affect the validity of a courtesy letter served or enforcement action taken (whether before or after the date of assent to this Act) under Part 4B of the Justices Act 1902 as regards an offence referred to in section 46A (2) of the Forestry Act 1916.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
EXPLANATORY NOTE
Statute law revision (items (1)-(3)) with from the Forestry Act 1916 as unnecessary and makes the penalty notice provision consistent with various otherActs. The effect is that, in the case ofa person who is alleged to have committed an offence for which a penalty notice may be issued, failure to pay the amount specified in the penalty notice may result in the service ofa courtesy letterunder the Justices Act scheme. The person may decline to be dealt with under that scheme and, if so, may then be dealt with by a court. If the Justices Act scheme is not invoked, the same result may follow on non-payment of the penalty notice without the necessity for any express provision to that effect.
The proposed amendments to the heading of Part 2 and to sections 15 and 16A are
consequential on the enactment ofthe Land Acquisition (JustTerms Compensation)
Act 1991, make sections 15 and 16A consistent with that Act and omit unnecessary
matter. The proposed amendments essentially re-enact existing provisions to take
account of the requirements of the 1991 Act. (See the explanatory note to the
amendments to the Aboriginal Land Rights Act 1983 in Schedule 2 for more
information relevant to these amendments.)
Penalty notices (item (4))
The purpose of the proposed amendment to section 46A is to omit superfluous
provisions. At present, section 46A (5) provides that a person served with a penalty
notice may decline to be dealt with by penalty notice and that, if the person fails to
pay the amount specified in the penalty notice, the person is taken to have so
declined. Part 4B of the Justices Act 1902 provides a supplementary scheme
(applying to penalty notices issued under specified Acts including the Forestry Act
1916) that may be used in the event ofnon-paymentofpenalty notices. This scheme
involves the service ofa courtesy letter (giving a person who has not paid the amount
specified in a penalty notice further time to pay the penalty) and, in the event of
non-payment, follow-up enforcement action. A person served with a courtesy letter
may decline to be dealt with under the Justices Act scheme.
FRIENDLY SOCIETIES ACT 1989 No. 232
AMENDMENT
Section 109:
Omit the section, insert instead:
Disposal of surplus on winding up
109. (1) Any surplus on the winding up of a friendly society is to be transferred to one of the following, if nominated for the purpose by a special resolution of the society being wound up:
(a) another- friendly society;
(b) an association of friendly societies;
| (c) | an unincorporated or incorporated body,. approved by the Registrar, that has similar objects to those of the society being wound up or that provides services or benefits for the community in which the society operated. |
Statute L aw (M iscellaneous Provisions) A ct (N o. 2) 1992 N o. 57— Sch. 1
| (2 ) If no such nomination is made, any surplus is to be transferred to one of the bodies referred to in subsection (1) (a)-(c) cB | directed |
| by order of the Registrar published in the Gazette. |
COMMENCEMENT
The amendment to the Friendly Societies Act 1989 commences on the date of assent to this Act.
EXPLANATORY NOTE
At present, section 109 provides for any surplus on the winding up of a friendly society to be transferred either to another friendly society or an association of friendly societies nominated by the society being wound up or, if there is no nomination, as directed by order of the Registrar of Friendly Societies.
The proposed amendment retains these options but also enables the transfer of the surplus, at the nomination of the friendly society being wound up, to a body, approved by the Registrar, that has similar objects to those of the society being wound up or that provides services or benefits for the community in which the society operated. In the absence of a nomination, the transfer to such a body may be directed by order of the Registrar.
HEALTH INSURANCE LEVIES ACT 1982 No. 159
AMENDMENTS
Section 2 0 (Disclosure of information etc.):
| (a) | After section 2 0 (5) (a), insert: (a1) prevent information being disclosed or a record being made |
available to the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law, or prevent the Auditor-General from disclosing that information or publishing that record if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person;
| (b) | From section 2 0 (5) (b), omit “ o r” where lastly occurring. |
| (c) | After section 2 0 (5) (c), insert: |
| (d) | prevent the disclosure or publication by the Chief Commissioner o f material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly or indirectly divulge information identifying the affairs o f a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. l
COMMENCEMENT
The amendments to the Health Insurance Levies Act 1982 commence on the date of assent to this Act.
TRANSI T I ONA L
The amendments to the Health Insurance Levies Act 1982 apply to information and recordswheneverobtained.
EXPLANATORY NOTE
Section 20 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects in a manner similar to the manner in which the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere inthis Schedule. Theexplanatory notetothe amendments tothat Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 20, the difference being that the Auditor-General is not empowered under section 20 to disclose information or publish records which identify the affairs of particular persons.
INDUSTRIAL RELATIONS ACT 1991 No. 34
AMENDMENTS
Section 339 (Panels of members):
| (a) | From section 339 (l), omit “a Presidential Member”, insert instead “at least one Presidential Member”. |
(b) Omit section 339 (3), insert instead:
| (3) | The work o f the panel is to be allocated by the most senior |
Presidential M ember who is a member o f the panel and who is available at the time of the required allocation, subject to any direction o f the President.
COMMENCEMENT
The amendments to the Industrial Relations Act 1991 commence on the date of assent to this Act.
| EXPLANATORY | NOTE |
At present, section 339 provides that the President of the Industrial Relations Commission may assign an industry or enterprise to a panel of members of the Commission consisting of a Presidential Member and at least one Conciliation Commissioner. The Presidential Member allocates the work of the panel, subject to any direction ofthe President. The proposed amendments to the section provide that the panel may include more than one Presidential Member and that the most senior available Presidential Member on the panel is to allocate its work, subject to any direction ofthe President.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
INTERPRETATION ACT 1987 No. 15
AMENDMENTS
Section 34 (Use of extrinsic m ateria l in the in te rp re ta tio n of Acts an d
| s ta tu to ry | ru les): |
| (a) | After “Minister” in section 34 (2) (e), insert “or other member of Parliament introducing the Bill”. |
| (b) | After “Minister” where firstly occurring in section 34 (2) (f), insert “or other member of Parliament”. |
| (c) | After “Minister” where secondly occurring in section 34 (2) (f), insert “or member”. |
COMMENCEMENT
The amendments to the Interpretation Act 1987 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to the Interpretation Act 1987 extend to explanatory notes or memoranda, otherrelevantdocuments, and speeches, laid, furnished or made before the date of assent to this Act.
EXPLANATORY NOTE
At present, section 34 provides examples of material that may be considered in the interpretationofanAct.Theseinclude anyexplanatorynoteormemorandumrelating to the Bill for the Act, or any other relevant document that was laid before, or furnished to, members of either House of Parliament by a Minister and the speech made to a House of Parliament by a Minister when moving that the Bill for the Act be read a second time in that House. The proposed amendments make it clear that regard may be had to the material referred to in the examples if the Bill for the Act is introduced by a private member of Parliament rather than by a Minister.
On amendment, the relevant portion of section 34 (2) will provide as follows:
| (2) | Without limiting the effect of subsection (l), the material that may be |
considered in the interpretation of a provision of an Act, or a statutory rule made
under an Act includes—
| (e) | anyexplanatory note ormemorandumrelating tothe Bill forthe Act, or any other relevant document, that was laid before, orfurnished to the members of, either House of Parliament by a Minister o r o ther m em ber of Parliament introducing the Bill before the provision was enacted or made; |
| (f) | the speech made to a House of Parliament by a Minister o r o ther m em ber of Parliam ent on the occasion ofthe moving by that Minister o r m em ber of a motion that the Bill for the Act be read a second time in that House; |
(Matter to be inserted is shown in bold type.)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
| JUDGM ENT CREDITORS' REM EDIES ACT 1901 | No. | 8 |
AMENDMENT
Section 17:
Omit the section, insert instead:
Priority of writs of execution
17. (1) I f writs of execution against the lands or goods of a person issue out o f more than one Court, the right to the property seized is to be determined in the order o f the times o f the delivery o f the writ to the sheriff to be executed (in the case o f a writ issued out o f the Supreme Court) or o f the application to the registrar o f the Court for the issue o f the writ (in the case o f a writ issued out o f the District Court or a Local Court).
(2) The sheriff must, on demand, inform the registrar o f the District Court or the Local Court concerned o f the precise time of the delivery o f the writ issued out o f the Supreme Court and the registrar of the District Court or the Local Court must, on demand, inform the sheriff or a sheriff's officer of the precise time of the application to the registrar for the issue from the District Court or the Local Court of the writ.
COMMENCEMENT
The amendment to the Judgment Creditors' Remedies Act 1901 commences on the date of assent to this Act.
TRANSITIONAL
The amendment to the Judgment Creditors' Remedies Act 1901 does not apply in
respect of a writ ofexecution issued on an application made to the registrar of a Local
Court before the date of assent to this Act.
EXPLANATORY NOTE
Atpresent, section 17 determines thepriority ofexecution ofcompeting writs against the samejudgment debtor when one writ is issued out of the Supreme Court and the other out of the District Court. The priority depends on the time of delivery to the sheriff of the Supreme Court writ and the time of application to the registrar for the District Court writ. Noprovision is made as to the priority ofa competing writ issued by a Local Court.
The proposed amendment places a writ issued by a Local Court in a similar position to a writ issued by the District Court so far as priority is concerned, its priority depending on the time of application to the registrar of the Local Court for the writ.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. l
LAND TAX MANAGEMENT ACT 1956 No. 26
AMENDMENTS
Section 6 (Disclosure of information etc.):
(a) After section 6 (5) (a), insert:
(a1) prevent information being disclosed or a record being made available to the Auditor-General for the purpose o f exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law, or prevent the Auditor-General from disclosing that information or publishing that record if the disclosure or publication does not directly or indirectly divulge information identifying the affairs o f a particular person;
(b) From section 6 (5) (b), omit “ o r” where lastly occurring.
(c) After section 6 (5) (c), insert:
| (d) | prevent the disclosure or publication by the Chief Commissioner o f material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly or indirectly divulge information identlfying the affairs of a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
COMMENCEMENT
The amendments to the Land Tax Management Act 1956 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to the Land Tax Management Act 1956 apply to information and records whenever obtained.
EXPLANATORY NOTE
Section 6 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects in a manner similar to the manner in which the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere in this Schedule. The explanatory note to the amendments to that Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 6, the difference being that the Auditor-General is not empowered under section 6 to disclose information or publish records which identify the affairs of particular persons.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
LOCAL COURTS (CIVIL CLAIMS) ACT 1970 No. 11
AMENDMENTS
(1) Section 34 (Costs to be in discretion of court):
Om it section 34 (4 ).
(2 ) Section 45 (Where judgment debtor corporation):
| (a) | Omit “a director or the manager or secretary”, insert instead “an officer o r former officer”. |
(b) Omit “he” , insert instead “the person”.
(3) Section 47B (Time for payment by garnishee):
Omit section 47B (3).
| (4) | Section 4 9 (Limitation on operation o f garnishee orders attaching a wage or salary): | |
|
“prescribed rate”, in relation to a wage o r salary, means:
| (a) | if no part of the wage or salary is otherwise attached under this or any other A c t - a rate equal to the weekly compensation payment; or |
| (b) | if any part of the wage or salary is otherwise attached |
under this or any other A c t - a rate equal to the weekly compensation paym ent increased by the am ount so attached, calculated on a weekly basis;
“weekly compensation payment” m eans an amount calculated a t a weekly rate that is equivalent to 80 per cent of the maximum single weekly payment of compensation for the time being referred to in section 37 (1 ) (a) (i) o f the Workers Compensation Act 198'7 as adjusted under that Act.
| (b) | From the definition of “wage or salary” in section 49 (l), omit “worker.”, insert instead “worker;”. |
(5) Section 59 (Sheriff or bailiff to take under writ of execution):
From section 59 (7), om it “Penalty: $1 ,000” , insert instead
“Maximum penalty: 50 penalty u n its” .
| ( 6 ) | Section 75A: |
A fte r section 75, insert:
Irregularity
75A. (1 ) If, in the purported commencement of any proceedings o r
a t any stage in the course of or in connection with any proceedings,
there is , by reason of anything done o r left undone, a failure to
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
comply with any requirement of this Act or of the rules whether in respect of time, place, manner, form or content or in any other respect:
the failure is to be treated as an irregularity and is not to nullify the proceedings, or any step taken in the proceedings, or any document, judgment or order in the proceedings; and subject to subsections (2) and (3), the court may, on terms, set aside wholly or in part the proceedings or any step taken in the proceedings or any document, judgment or order in the proceedings, or exercise its powers under the rules to allow amendments and to make orders dealing with the proceedings generally.
The court must not wholly set aside any proceedings on the ground that, although not constituting an action for the recovery of a debt or liquidated demand, they were commenced by the lodging of a statement of liquidated claim.
(3) The court must not set aside any proceedings or any step taken in any proceedings or any document, judgment or order in any proceedings on the ground of a failure to which subsection (1) applies on the application of any party unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.
(7) Section 76A:
After section 76, insert:
Power to refer allegation etc. of contempt to Supreme Court
76A. (1) W ithout prejudice to the powers of a court under section 76, if it is alleged,. or appears to a court on its own view, that a person is guilty of contempt of the court, whether committed in the face or hearing of the court or not, the court may refer the matter to the Supreme Court for determination.
(2) On any matter being referred to the Supreme Court under this section, the Supreme Court is to dispose of the matter in such manner as it considers appropriate.
(8) Section 84 (Rules):
From section 84 (1 j (s), omit “and default judgments”, insert instead
“ , default judgments and orders for summary judgment”.
COM M ENCEM ENT
Items (1)-(3) and (5)-(8) of the amendments to the Local Courts (Civil Claims) Act on a day to be appointed by proclamation.
1970 commence on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
TRANSITIONAL
Item (4). of the amendments to the Local Courts (Civil Claims) Act 1970 does not apply to a garnishee order issued before the day appointed for the commencement of that item.
| EXPLANATORY | NOTE |
Statute law revision (items (1) and (3)) a court or registrar. Contempt committed other than in the face of a court is punishable only by the Supreme Court in its inherent jurisdiction. No machinery provision, similar to section 203 of the District Court Act 1973, is provided for reference of an alleged contempt, whether committed in the face of a court or otherwise, to the Supreme Court. The proposed amendment inserts a provision, similar to section 203 of the District Court Act 1973, to enable such contempts to be referred to the Supreme Court for determination.
The proposed amendments omit obsolete cross-references.
Examination of judgment debtor corporation (item (2))
At present, section 45 provides that an examination summons may be issued requiring
a director or the manager or secretary of a judgment debtor that is a corporation to
appear for examination as to the property or other means available to satisfy a
judgment debt of the corporation. Equivalent provisions in the Supreme Court Rules
1970 and the District Court Act 1973 provide that the summons may be directed to an
officer or former officer of the judgment debtor corporation. The proposed
amendment draws section 45 into line with those provisions.
Attachment of a wage or salary (item (4))
The proposed amendment to section 49, which replaces the formula to be used in
determining what amount may be deducted from the wage or salary of a judgment
debtor to enforce payment of a judgment debt by a gamishee order, is similar to the
amendment to the Supreme Court Act 1970 set out elsewhere in this Schedule.
Reference should be made to the explanatory note to that amendment for more
information concerning this amendment.
Removal etc. of property subject to writ of execution (item (5))
The purpose of this proposed amendment is to increase from $1,000 to 50 penalty
units (at present, equivalent to $5,000) the penalty for the offence of interfering with,
disposing of or removing property (without the written consent of the Sheriff or
bailiff) that has been seized by the Sheriff or bailiff under a writ of execution or is the
subject of a notice issued by the Sheriff or bailiff as to the safekeeping of the
property. The amendment is similar to item (3) of the amendments to the District
Court Act 1973 elsewhere in this Schedule.
Irregularity in proceedings (item (6))
Section 81 of the Supreme Court Act 1970 and section 159 of the District Court Act
1973 provide that failures to comply with procedural requirements do not nullify
proceedings but may be remedied by the Court on appropriate terms. The proposed
amendment inserts a similar provision in relation to proceedings in a Local Court.
Referral of alleged contempt to Supreme Court (item (7))
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
Summary judgment (item (8))
At present, the Act contains no provision for summary judgment in a defended action (e.g. to a plaintiff's claim where a defendant has filed a defence but has disappeared and the court is satisfied that the defence has no substance). The District Court Act 1973 makes specific provision for rules to be made concerning summary judgment. The proposed amendment inserts a similar provision in section 84.
LOCAL GOVERNMENT ACT 1919 No. 41
AMENDMENTS
(1) Section 233 (Proprietary rights in regard to roads):
From section 233 (5), omit “resumed” wherever occurring, insert
instead “compulsorily acquired”.
From section 233 (5), omit “resumption”wherever occurring, insert
instead “compulsory acquisition”.
From section 233 (5), omit “resume”, insert instead “compulsorily
acquire”.
After section 233 (5), insert:
(6) In this section, “Crown” includes an authority of the State
within the meaning of the Land Acquisition (Just Terms
| Compensation)Act | 199 1. |
(2) Section 466 (Definitions):
From section 466 (l), omit the definition of “W estern Lands
Commissioner”, insert instead:
“Western Lands Commissioner” means the person holding
office as such under Part 2 of the Public Sector Management
Act 1988.
(3) Section 562A:
After section 562, insert:
Alternate delegates
562A. (1) The council of each area included or partly included in a county district or, in the case of a combinedcounty electorate,the councils of the areas or parts of areas comprised in the combined county electorate may elect a member of the council or councils concerned to be the alternate delegate for each delegate elected by that council or those councils under section 562 (2), (3) or (5).
(2) A person may not be an alternate delegate for more than one delegate to a county council at the same time.
(3) An alternatedelegatemay only act in the office of the delegate for whom that alternate delegate is the alternate delegate during the illness or absence of the delegate and while so acting, the alternate delegate has all the functions of the delegate and is taken to be the delegate.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. l
| (4) | The alternate delegate for the chairperson of the county |
council must not preside at a meeting of the county council unless elected or appointed to that position in accordance with section 563.
COMMENCEMENT
Items (1) and (2) of the amendments to the Local Government Act 1919 commence to be appointed by proclamation.
on the date of assent to this Act.
EXPLANATORY NOTE
Statute law revision (items (1) and (2))
The proposed amendments to section 233 (item (1)) are consequential on the enactment of the Land Acquisition (Just Terms Compensation) Act 1991 and make the amended provision consistent with that Act. The proposed amendment to section 233 also reflects the fact that some acquiring authorities are not part of the Crown (e.g. Area Health Services). The proposed amendment to section 466 (item (2)) updates the definition of “Western Lands Commissioner” as a consequence of amendments made to the Western Lands Act 1901.
Alternate delegates to county councils (item (3))
Section 562 provides that councils may elect one delegate or, in certain circumstances, more than one delegate or jointly elect delegates to county councils. No provision is made for the election of alternate delegates to act in the place of delegates who are ill or otherwise absent. The proposed amendment makes provision for the election of alternate delegates.
NOISE CONTROL ACT 1975 No. 35
AMENDMENTS
(1) Long title:
Omit “State Pollution Control Commission”, insert instead
“Environment Protection Authority”.
(2) Section 5:
Omit the section, insert instead:
Act to bind Crown
5. This Act binds the Crown in right of New South W ales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
COMMENCEMENT
The amendments to the Noise Control Act 1975 commence on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. 1
EXPLANATORY NOTE
Environment Protection Authority (item (1))
The proposed amendment to the long title substitutes a reference to the Environment Protection Authority for a reference to the State Pollution Control Commission, which has been abolished.
Act to bind Crown (item (2))
The proposed amendment to section 5 makes it clear that the Noise Control Act 1975 elsewhere in this Schedule and the additional information in the explanatory note to those amendments is also relevant to this amendment.
binds the Crown in all its capacities.
PAY-ROLL TAX ACT 1971 NO. 22
AMENDMENTS
Section 5 (Disclosure of information etc.):
| (a) | After section 5 (5) (a), insert: (a1) prevent information being disclosed or a record being m ade |
available to the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law, or prevent the Auditor-General from disclosing that information o r publishing that record if the disclosure o r publication does not directly or indirectly divulge inform ation identifying the affairs of a particular person;
| (b) | From section 5 (5) (b), om it “o r” where lastly occurring. |
(c) After section 5 (5) (c), insert:
| (d) | prevent the disclosure or publication by the Chief Commissioner of material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly o r indirectly divulge information identifying the affairs of a particular person; or |
| (e) | prevent th e . disclosure o r publication by any person of the |
| material referred to in paragraph (d) after it has been disclosed o r published by the Chief Commissioner. |
COM M EN C E M E N T
The amendments to the Pay-roll Tax Act 1971 commence on the date of assent to this
Act.
TR A N SIT IO N A L
The amendments to the Pay-roll Tax Act 1971 apply to information and records whenever obtained.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
| EXPLANATORY | NOTE |
Section 5 restricts the disclosure of information and the publication of records obtained under the Act. The proposed amendments modify the operation of that section in 2 respects in a manner similar to the manner in which the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere in this Schedule. The explanatory note to the amendments to that Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 5, the difference being that the Auditor-General is not empowered under section 5 to disclose information or publish records which identify the affairs of particular persons.
PLANT DISEASES ACT 1924 No. 38
AMENDMENT
Sections 11, 11A:
Omit the sections, insert instead:
Inspectors
11. (1) The Director-General of the Department of Agriculture may, by notification in the Gazette, appoint inspectors for the purposes of this Act.
(2) An inspector has, and may exercise, the functions conferred or imposed on the inspector by this Act or the regulations.
| (3) | The Director-Generalmay authorise in writing any person to |
perform any or all of the functions of an inspector.
| (4) | An authority under subsection (3) may be limited in its |
operation to ,a specified part of the State.
COMMENCEMENT
The amendment to the Plant Diseases Act 1924 commences on the date of assent to this Act.
EXPLANATORY NOTE
At present, provision is made for inspectors to be appointed in accordance with the Public Sector Management Act 1988 (that is, by the transfer or promotion of an officer in the Public Service by the Departmental Head or by the appointment of a person who is not an officer by the Governor on the recommendation of the Departmental Head) and for the Minister to appoint persons to exercise all or any functions of an inspector. Provision is also made for inspectors' functions to be set out in the regulations.
The proposed amendment provides, as is the case under the Stock Diseases Act 1923, that inspectors and authorised persons may be appointed and authorised respectively by the Difector-General of the Department of Agriculture and that inspectors have the functions conferred or imposed on them by the Act or the regulations.
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. 1
POLICE REGULATION (SUPERANNUATION) ACT 1906 No. 28
AMENDMENTS
(1) Section 2H (Constitution of Committee):
| (a) | Omit section 2H (2), insert instead: (2) The Committee is to consist of 8 members appointed by the |
M inister, one of whom is to be a person appointedby the M inister to be the Chairperson of the Committee.
| (b) (2) Section 9B (Preserved benefit): After section 9B (7), insert: | From section 2H (3), omit “Of the appointed members”, insert instead “Of the members other than the Chairperson”. |
| (7A) Despite subsection (7), if the Australian Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this section after the change takes place, regard is to be had only to Index numbers expressed in terms of the new reference base. |
(3) Section 12E (Repayment to Board in certain cases):
| From section 12E (2), omit “Crimes Act 1900” | insert instead |
| “Victims Compensation Act 1987”. |
COM M ENCEM ENT
The amendments to the Police Regulation (Superannuation) Act 1906 commence on the date of assent to this Act.
| EXPLANATORY | NOTE |
Abolition of New South Wales Superannuation Office (item (1))
At present, section 2H provides that the Police Superannuation Advisory Committee is to consist of 8 members of whom 1 is to be the Secretary of the New South Wales Superannuation Office, who is to chair the Committee. The New South Wales Superannuation Office was abolished on 1 July 1992. The proposed amendment omits the reference to the Secretary of the Office and provides for the Minister to appoint a person to the Committee to be its Chairperson.
Adjustment of gratuity (item (2))
Section 9B provides for payment of a gratuity that is to be adjusted, when it emerges, to take account of increases in the Consumer Price Index that have occurred since the election to preserve a benefit under the section was made. The Index used is the Consumer Price Index (All Groups Index) for Sydney prepared by the Australian Statistician. The proposed amendment makes provision as to what is to occur if the reference base for the relevant Index is changed.
Compensation for injury (item (3))
Section 12E provides for the withholding, or recovery, of a gratuity payable or paid to a police officer who is injured on duty if damages are recovered in respect of that injury. The section presently states that “damages” does not include any sum ordered
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
or directed to be paid under the Crimes Act 1900 for compensation for injury. The proposed amendment substitutes a reference to the Victims Compensation Act 1987 for the reference to the Crimes Act 1900 because compensationfor victims of violence is now dealt with under the former Act.
POLLUTION CONTROL ACT 1970 No. 95
AMENDMENT
Section 3:
Omit the section, insert instead:
Act to bind Crown
3. This Act binds the Crown in right of New South W ales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
COMMENCEMENT
The amendment to the Pollution Control Act 1970 commences on the date of assent to this Act.
| EXPLANATORY | NOTE |
The proposed amendment makes it clear that the Pollution Control Act 1970 binds the elsewhere in this Schedule and the additional information in the explanatory note to those amendments is also relevant to this amendment.
Crown in all its capacities.
PROTECTION OF THE ENVIRONMENT ADMINISTRATION ACT
1991 No. 60
AMENDMENT
Section 32:
Omit the section, insert instead:
Act to bind Crown
32. This Act binds the Crown in right of New South W ales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
COMMENCEMENT
The amendment to the Protection of the Environment Administration Act 1991 commences on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
| EXPLANATORY | NOTE |
The proposed amendment makes it clear that the Protection of the Environment elsewhere in this Schedule and the additional information in the explanatory note to those amendments is also relevant to this amendment.
Administration Act 1991 binds the Crown in all its capacities.
SOIL CONSERVATION ACT 1938 No. 10
AMENDMENT
Section 25A (Sale of land not required for purposes of Act):
From section 25A, om it “and apply the purchase money ‘arising from such sale in such manner as the Governor shall direct”.
COMMENCEMENT
The amendment to the Soil Conservation Act 1938 commences on the date of assent to this Act.
| EXPLANATORY | NOTE |
At present, section 25A provides that the proceeds of sale of surplus land that was acquired by purchase or compulsory process are to be applied by the Minister in accordance with the Governor's direction. The proposed amendment removes the requirement for the Minister to obtain the Governor's direction. The disbursement of the proceeds of sale or lease of surplus government assets are now the subject of Treasurer's directions under the Public Finance and Audit Act 1983.
STAMP DUTIES ACT 1920 No. 47
AMENDMENTS
Section 131A (Disclosure of information etc,):
(a) After section 131A (5) (a), insert:
(a1) prevent inform ation being disclosed or a record being m ade available to the Auditor-General for the purpose of exercising functions conferred or imposed on the Auditor-General by the Public Finance and Audit Act 1983 or any other law, o r prevent the Auditor-General from disclosing that information or publishing that record if the disclosure o r publication does not directly or indirectly divulge infoxmation identifying the affairs of a particular person;
(b) From section 131A (5) (b), om it “ o r” where lastly occurring.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. l
(c) After section 13 1A (5) (c), insert:
| (d) | prevent the disclosure or publication by the Chief Commissioner of material derived from information or records referred to in subsection (1) if the disclosure or publication does not directly or indirectly divulge information identifying the affairs of a particular person; or |
| (e) | prevent the disclosure or publication by any person of the material referred to in paragraph (d) after it has been disclosed or published by the Chief Commissioner. |
COMMENCEMENT
The amendments to the Stamp Duties Act 1920 commence on the date of assent to this Act.
TRANSITIONAL
The amendments to the Stamp Duties Act 1920 apply to information and records whenever obtained.
EXPLANATORY NOTE
Section 131A restricts the disclosure of infornation and the publication of records obtained under the Act. The proposed amendments modify the operation of that
section in 2 respects in a manner similar to the manner in which the equivalent section in the Business Franchise Licences (Petroleum Products) Act 1987 is modified elsewhere in this Schedule. The explanatory note to the amendments to that Act provides detail as to the manner in which it is proposed to modify the disclosure provisions set out in section 131A, the difference being that the Auditor-General is not empowered under section 131A to disclose information or publish records which identify the affairs of particular persons.
SUPREME COURT ACT 1970 No. 52
AMENDMENT
Section 99:
Omit the section, insert instead:
Attachment of wage or salary
99. The wage or salary of a person payable for any period must not be attached or made liable in the enforcementagainst the person of a judgment or order except to the extent of the amount (if any) remaining after deducting from the wage or salary an amount calculated for the same period at a weekly rate that is equivalent to 80 per cent of the maximum single weekly payment of compensation
for the time being referred to in section 37 (1) (a). (i) of the W orkers
Compensation Act 1987 as adjusted under that Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
COMMENCEMENT
The amendment to the Supreme Court Act 1970 commences on a day to be appointed by proclamation.
TRANSITIONAL
The amendment to the Supreme Court Act 1970 does not apply to a garnishment notice served before the day appointed for the commencement of the amendment.
EXPLANATORY NOTE
At present, section 99 limits the attachment of a wage or salary to enforce payment of a judgment debt to the sum left after deducting the equivalent, for the pay period, of an amount $8 per week less than the appropriate basic wage in force under the Industrial Relations Act 1991 (which replaced the Industrial Arbitration Act 1940) in respect of the judgment debtor. The minimum adult basic wage presently fixed by the Industrial Relations Act 1991 is $121.40 per week. No mechanism for regular review of this figure currently exists.
The proposed amendment replaces the reference to $8 per week less than the appropriate basic wage with a reference to a weekly figure that is 80 per cent of the maximum weekly amount of compensation payable to an injured worker without dependants for any period of total incapacity for work (after the first 26 weeks of incapacity) under section 37 of the Workers Compensation Act 1987. The maximum weekly payment of compensation under section 37 is regularly adjusted, the last adjustment having been made on 1 April 1992 when a figure of $242.20 was set.
SWIMMING POOLS ACT 1992 No. 49
AMENDMENT
Section 22 (Local authority may grant exemptions from barrier
requirements that are impracticable or unreasonable in particular
cases):
In section 22 (1), after “situated,”, insert “or proposed to be constructed or installed,”.
COMMENCEMENT
The amendment to the Swimming Pools Act 1992 commences on the date of assent to this Act.
EXPLANATORY NOTE
At present, section 22 enables a local authority to exempt a swimming pool from the requirements of the Act dealing with access to swimming pools if the local authority is satisfied that it is impracticable or unreasonable for the swimming pool to comply with those requirements or that no less effective alternative provision has been made for restricting access to the swimming pool or the water contained in it. The proposed amendment makes it clear that the owner of premises may apply for the requisite exemption before constructing or installing the swimming pool.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
The amended provision (section 22 (1)) will read as follows:
| (1) | The local authority may, on application made by the owner of any premises in |
or on which a swimming pool is situated, or proposed to be constructed or installed, exempt the swimming pool from all or any of the requirements of this Part if it is satisfied, in the particular circumstances of the case:
| (a) | that it is impracticable or unreasonable (because of the physical nature of the premises, because of the design or construction of the swimming pool or because of special circumstances of a kind recognised by the regulations as justifying the granting of an exemption) for the swimming pool to comply with those requirements; or |
| (b) | that alternative provision, no less effective than those requirements, exists for restricting access to the swimming pool. |
(Matter to be inserted is shown in bold type.)
SYDNEY MARKET AUTHORITY ACT 1968 No. 11
AMENDMENTS
(1) Section 11 (Bowers, authorities, duties and functions of the
Authority):
(a) After section 11 (2) (a), insert:
(a1) to acquire land (includingan interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;
(b) From section 11 (2) (b), omit “land,”.
(2) Section 13 (Land—how acquired):
Omit the section.
(3) Section 14:
Omit the section, insert instead:
Application of Public Works Act 1912
14. (1) For the purposes of the Public W orks Act 1912:
| (a) | an acquisition of land by compulsoryprocess by the Authority in accordance with section 11 and the construction,provision and establishmentof a public market and the carrying out of any works for any purpose referred to in that section are taken to be an authorised work; and |
| (b) | the Authority is, in relation to that authorised work, taken to be the Constructing Authority. |
| (2) | Sections 34, 35, 36 and 37 of the Public W orks Act 1912 do |
not apply in respect of works constructed under this Act.
Statute Law (Miscellaneous Provisions) Act (NO. 2) 1992 NO. 57—Sch. 1
(4) Section 18 (Penalty notices for certain offences):
Omit. section 18 (3) and (4).
COMMENCEMENT
The amendments to the Sydney Market Authority Act 1968 commence on the date of assent to this Act.
TRANSITIONAL
Items (1)-(3) ,of the amendments to the Sydney Market Authority Act 1968 do not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.
SAVING
Item (4) of the amendments to the Sydney Market Authority Act 1968 does not affect the validity of a courtesy letter served or enforcement action taken (whether before or after the date of assent to this Act) under Part 4B of the Justices Act 1902 as regards an offence referred to in section 18 (1) of the Sydney Market Authority Act 1968.
EXPLANATORY NOTE
Statute law revision-land acquisition (items (1)-(3)) may decline to be dealt with by penalty notice and that, if the person fails to pay the amount specified in the penalty notice, the person is taken to have so declined. The proposed amendment omits unnecessary matter and makes the penalty notice provision consistent with various other Acts. The proposed amendment is similar to an amendment to the Forestry Act 1916 set out elsewhere in this Schedule and the explanatory note to that amendment contains more information relevant to this amendment.
The proposed amendments to, sections 11 and 14 and repeal of section 13 are
consequential on the enactment of the Land Acquisition (Just Terms Compensation)
Act 1991. They make sections 11 and 14 consistent with that Act and omit
unnecessary matter. (See the explanatory note to the amendments to the Aboriginal
Land Rights Act 1983 in Schedule 2 for more information relevant to these
amendments.)
Penalty notices (item (4))
TRANSPORT ADMINISTRATION ACT 1988 No. 109
AMENDMENTS
(1) Section 89 (Sale, lease or other disposal of land):
After section 89 (2), insert:
| (3) | The M inister may delegate the power of approval under this |
section to the Director-General, a member of staff of the Department of Transport or a person of a class prescribed by the regulations.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
(2) Section 90:
Omit the section, insert instead:
| Acquisition of | land |
90. (1) The State Rail Authority may, for the purposes of the construction or extension of a railway or for any other purposes of the State Rail Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the Stave Rail Authority is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Any such acquisition is not void merely because it is expressed to be for the purposes of the State Rail Authority or for the purposes of this Act.
(4) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes of this section.
(3) Section 94 (Closure of level-crossings etc.):
After section 94 (l), insert:
(1A) The Minister may delegate the power of approval under this
section to the Director-General, a member of staff of the Department
of Transport or a person of a class prescribed by the regulations.
(4) Section 100 (Sale, lease or other disposal of land):
After section 100 (2), insert:
(3) The Minister may delegate the power of approval under this
section to the Director-General, a member of staff of the Department
of Transport or a person of a class prescribed by the regulations.
(5) Section 101:
Omit the section, insert instead:
Acquisition of land
101. (1) The State Transit Authority may, for any purposes of the State Transit Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the State Transit Authority is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Any such acquisition is not void merely because it is expressed to be for the purposes of the State Transit Authority or for the purposes of this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. l
| (4) | Part 3 of the Public W orks Act 1912 does not apply in respect |
of works constructed for the purposes of this section.
(6) Section 114 (Rescission of resumptions):
Omit the section.
(7) Section 119 (Regulations):
From section 119 (2), omit “5 penalty units”, insert instead “20 penalty units”.
(8) Schedule 6 (Application of the Public Works Act 1912):
Omit the Schedule.
COMMENCEMENT
The amendments to the Transport Administration Act 1988 commence on the date of assent to this Act.
TRANSITIONAL
Items (2), (5), (6) and (8) of the amendments to the Transport Administration Act 1988 do not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.
EXPLANATORY NOTE
Delegation by Minister (items (1), (3) and (4)) Act for offences against those regulations (which may deal with matters such as rail safety) is 5 penalty units (at present, equivalent to $500). The proposed amendment to section 119 increases the maximum penalty which may be imposed by the regulations to 20 penalty units (at present, equivalent to $2,000).
The proposed amendments to sections 89,94 and 100 enable the Minister to delegate
the power to approve of sales, leases or other disposals of land by the State Rail
Authority and the State Transit Authority and of the closure of level-crossings,
bridges and other structures passing over or under any railway to the Director-General
of the Department of Transport, staff of the Department or other prescribed classes of
persons. At present, the Act enables the Director-General to delegate functions but
does not provide for any similar delegation by the Minister.
Statute law revision (items (2), (5), (6) and (8))
The proposed amendments to sections 90 and 101 and repeal of section 114 and
Schedule 6 are consequential on the enactment of the Land Acquisition (Just Terms
Compensation) Act 1991, make sections 90 and 101 consistent with that Act and omit
unnecessary matter, (See the explanatory note to the amendments to the Aboriginal
Land Rights Act 1983 in Schedule 2 for more information relevant to these
amendments.)
Penalty for offence against regulation (item (7))
Statute Law (MiscellaneousProvisions) Act (No. 2) 1992 No. 57—Sch. l
VALUATION OF LAND ACT 1916 No. 2
AMENDMENT
Section 76 (Copies of entries to be supplied):
After section 76 (l), insert:
(1A) The Valuer-Generalmay, at the request of an applicant under subsection (l), supply a certified copy or an extract under that subsection of part only of an entry in a valuation roll. The fee payable by the applicant is to be determined by the Valuer-General,
but is not to exceed the fee prescribed far supplying a full entry in
the valuation roll.
COMMENCEMENT
The amendment to the Valuation of Land Act 1916 commences on the date of assent to this Act.
| EXPLANATORY | NOTE |
At present, section 76 (1) requites the Valuer-General to supply a certified copy under seal or an extract of an entry in a valuation roll to any person who applies for it and pays the prescribed fee. The copy or extract is evidence in any proceedings of the matters stated in it.
The proposed amendment permits the Valuer-General to supply a certified copy or an extract of part only of such an entry. It also permits the Valuer-General to determine a fee for supplying a copy or an extract of part of an entry that is less than the prescribed fee for supplying a copy or an extract of a full entry.
WASTE DISPOSAL ACT 1970 No. 97
AMENDMENTS
(1) Section 3:
Omit the section, insert instead:
Act to bind Crown
3. This Act binds the Crown in right of New South W ales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
(2) Section 8A (Board to determine policies of Service):
Omit “the Authority” wherever occuring insert instead “the
Service”.
COMMENCEMENT
The amendments to the Waste Disposal Act 1970 commence on the date of assent to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 1
EXPLANATORY NOTE
Act to bind Crown (item (1)) known as the “Waste Management Authority of New South Wales”. The proposed amendment to section 8A updates references to that body.
The proposed amendment to section 3 makes it clear that the Waste Disposal Act
1970 binds the Crown in all its capacities.
The proposed amendment is similar to the amendments to the Clean Air Act 1961
elsewhere in this Schedule and the additional information in the explanatory note to
those amendments is also relevant to this amendment.
Waste Recycling and Processing Service of New South Wales (item (2))
| W IL D D O G D E STR U C TIO N A C T | 1921 No. | 17 |
AMENDMENTS
| (1 ) | Section 3 (Definitions): | |
|
“Commissioner” m eans the Western Lands Commissioner holding office as such under Part 2 of the Public Sector Management Act 1988.
| (b) | From section 3, omit the definition of “Western Division”, insert instead: |
“Western Division” m eans the Western Division within the meaning of the Crown Lands Act 1989.
| (2 ) | Section 3A (T he W ild Dog D estruction B oard): | |||
|
(3) Sections 3B, 3D:
From sections 3B and 3D, om it “pastures protection board” wherever occurring, insert instead “rural lands protection board”.
(4) Section 19 (W ild Dog D estruction F und ):
(a) Omit section 19 (1 )-(3 ), insert instead:
| (1) | The board is to maintain an account or accounts with a bank |
approved by the Treasurer. That account or those accounts are to be
khown as the Wild Dog Destruction Fund.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 2
EXPLANATORY NOTE
The proposed amendment is consequential on the enactment of the Land Acquisition (Just Terms Compensation) Act 1991 and makes the amended provision consistent with that Act. (See the explanatory note to the amendments to the Aboriginal Land Rights Act 1983 elsewhere in this Schedule for more information relevant to this amendment.)
UNIVERSITY OF WESTERN SYDNEY ACT 1988 No. 90
AMENDMENT
Section 30:
Omit the section, insert instead:
Acquisition of land
30. (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) The Minister may do so only if the University:
(a) applies to the Minister for acquisition of the land; and
| (b) | makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition). |
(3) For the purposes of the Public Works Act 1912, any
acquisition of land under this section is taken to be for an authorised
work and the Minister is, in relation to that authorised work, taken to
be the Constructing Authority.
| (4) | Sections 34, 35, 36 and 37 of the public W orks Act 1912 do |
not apply in respect of works constructed under this section.
COMMENCEMENT
The amendment to the University of Western Sydney Act 1988 commences on the date of assent to this Act.
TRANSITIONAL
The amendment to the University of Western Sydney Act 1988 does not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. 2
EXPLANATORY NOTE
The proposed amendment is consequential on the enactment of the Land Acquisition (Just Terms Compensation) Act 1991 and makes the amended provision consistent with that Act. (See the explanatory note to the amendments to the Aboriginal Land Rights Act 1983 elsewhere in this Schedule for more information relevant to this amendmen.t)
UNIVERSITY OF WOLLONGONG ACT 1989 No. 127
AMENDMENT
Section 20:
Omit the section, insert instead:
Acquisition of land
20. (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) The Minister may do so only if the University:
(a) applies to the Minister for acquisition of the land; and
| (b) | makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition). |
(3) For the purposes of the Public Work Act 1912, any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
| (4) | Sections 34, 35, 36 and 37 of the Public Works Act 1912 do |
not apply in respect of works constructed under this section.
COMMENCEMENT
The amendment to the University of Wollongong Act 1989 commences on the date of assent to this Act.
TRANSITIONAL
The amendment to the University of Wollongong Act 1989 does not apply to an acquisition of land to which the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply by virtue of clause 2 of Schedule 3 to that Act.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 2
EXPLANATORY NOTE
The proposed amendment is consequential on the enactment ofthe Land Acquisition (Just Terms Compensation) Act 1991 and makes the amended provision consistent with that Act. (See the explanatory note to the amendments to the Aboriginal Land Rights Act 1983 elsewhere in this Schedule for more information relevant to this amendment.)
WORKERS COMPENSATION ACT 1987 No. 70
AMENDMENT
Schedule 6, Part 15 (Savings, transitional and other p r o v is io n s -
Provisions relating to insurance):
Renumber clauses 17 and 18 (as inserted by Schedule 3 (2) and Schedule 4 (l), respectively, to the Workers Compensation (Benefits) Amendment Act 1991) as clauses 18 and 19 and insert those clauses, as renumbered, after clause 17.
COMMENCEMENT
The amendment to the Workers Compensation Act 1987 commences on the date of assent to this Act.
EXPLANATORYNOTE
The proposed amendment removes a duplication in the numbering of clauses in a
Schedule to the Act.
ZOOLOGICAL PARKS BOARD ACT 1973 No. 34
AMENDMENT
Section 15 (Powers, authorities etc. of the Board):
| From section 15 (3) (a), omit “goverments”, | insert instead |
| “governments”. |
COMMENCEMENT
The amendment to the Zoological Parks Board Act 1973 commences on the commencement of Schedule 1 (2) to the Zoological Parks Board (Conservation and Environmental Objectives) Amendment Act 1992 or on the date of assent to this Act, whichever is the later.
EXPLANATORY NOTE
The proposed amendment corrects a spelling error.
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 3
SCHEDULE 3—REPEALS
(Sec. 4)
Census Act 1901 (1900 No. 65)**
State Debt and Sinking Fund Act 1904 No. 19**
Statute Law Revision Act 1924 No. 34**
Commonwealth and State Banks Agreements Ratification Act 1931 No. 62**
Public Hospitals (Amendment) Act 1933 No. 23*
Stock Diseases (Amendment) Act 1934 No. 33*
Commonwealth and State Banks Agreement Ratification Act 1935 No. 28**
Commonwealth and State Bank Agreement Ratification Act 1937 No. 41**
State Taxation Collection Act 1942 No. 21**
Census (Amendment) Act 1946 No. 29*
Land Sales Control Act 1948 No. 28**
Landlord and Tenant (War Service) Amendment Act 1951 No. 12*
Landlord and Tenant (Amendment) Act 1952 No. 55*
General Loan Account Appropriation Act 1954 No. 30**
Industrial Arbitration (Amendment) Act 1955 No. 11*
General Loan Account Appropriation Act 1955 No. 33**
General Loan Account Appropriation Act 1958 No. 30**
General Loan Account Appropriation Act 1959 No. 27**
General Loan Account Appropriation Act 1960 No. 50**
Landlord and Tenant (Amendment) Act 1960 No. 55*
General Loan Account Appropriation Act 1961 No. 38**
Coal Loading Works (Ports of Newcastle, Port Kembla and Sydney) Agreement
Act 1961 No. 54**
General Loan Account Appropriation Act 1962 No. 41** General Loan Account Appropriation Act 1963 No. 38** Chowilla Reservoir Agreement Act 1964 No. 2**
General Loan Account Appropriation Act 1964 No. 51** General Loan Account Appropriation Act 1965 No. 17** Industrial. Arbitration (Decimal Currency) Act 1965 No. 35*
General Loan Account Appropriation Act 1966 No. 47**
Maritime Services (Amendment) Act 1966 No. 63*
| General Loan Account Appropriation Act 1967 No. | 58** |
Industrial Arbitration (Basic Wage) Amendment Act 1967 No. 86*
General Loan Account Appropriation Act 1968 No. 44**
General Loan Account Appropriation Act 1969 No.68**
| General Loan Account Appropriation Act 1970 No. | 62** |
Civil Aviation (Carriers' Liability) Amendment Act 1971 No. 8*
Plant Diseases (Amendment) Act 1971 No. 27*
General Loan Account Appropriation Act 1971 No. 41**
General Loan Account Appropriation Act 1972 No.68**
| General Loan Account Appropriation Act 1973 No. | 83** |
Strata Titles (Amendment) Act 1974 No. 35*
General Loan Account Appropriation Act 1974 No. 78**
Clean Air (Amendment) Act 1974 No. 92*
General Loan Account Appropriation Act 1975 No. 74**
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. 3
Industrial Arbitration (Employment Agencies) Amendment Act 1975 No. 107*
National Fitness (Repeal) Act 1976 No. 7**
Strata Titles (Amendment) Act 1976 No. 18*
Industrial Arbitration (Conciliation Commissioners) Amendment Act 1976
No. 25*
General Loan Account Appropriation Act 1976 No. 92**
General Loan Account Appropriation Act 1977 No. 111**
Industrial Arbitration (Employment Agencies) Amendment Act 1977 No. 116*
Macquarie University (Constitution) Amendment Act 1978 No. 80*
General Loan Account Appropriation Act 1978 No. 93**
National Parks and Wildlife (Adjustment of Areas) Act 1978 No. 151**
Industrial Arbitration (Public Service) Amendment Act 1979 No. 92*
Industrial Arbitration (Amendment) Act 1979 No. 107*
General Loan Account Appropriation Act 1979 No. 135**
National Parks and Wildlife (State Recreation Areas) Amendment Act 1980
No. 80*
Elizabeth Bay House Trust (Repeal) Act 1980 No. 95**
National Parks and Wildlife (Vaucluse House) Amendment Act 1980 No. 96**
General Loan Account Appropriation Act 1980 No. 118**
Trade Union (Amalgamations) Special Provisions Act 1980 No. 164**
Industrial Arbitration (Amendment) Act 1981 No. 53*
Trade Union (Amalgamations) Amendment Act 1981 No. 54*
Industrial Arbitration (Apprenticeship) Amendment Act 1981 No. 81*
Poisons (Amendment) Act 1981 No. 88*
General Loan Account Appropriation Act 1981 No. 105**
State Bank (Contributions) Amendment Act 1981 No. 117*
Law Reform (Miscellaneous Provisions) Amendment Act 1982 No. 4*
Adoption of Children (Amendment) Act 1982 No. 37*
Navigation (Commercial Vessels) Amendment Act 1979 (1982 No. 93)*
National Parks and Wildlife (Adjustment of Areas) Act 1983 No. 36**
Trotting Authority (Amendment) Act 1983 No. 80*
Industrial Arbitration (Amendment) Act 1983 No. 98*
Navigation (Commercial Vessels) Amendment Act 1983 No. 113*
Border Railways (Amendment) Act 1983 No. 118*
Mine Subsidence Compensation (Amendment) Act 1983 No. 125*
Motor Vehicles (Third Party Insurance) (Recreation Vehicles) Amendment Act
1983 No. 138* Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1983
No. 186*
Miscellaneous Acts (State Superannuation Fund) Amendment Act 1984 No. 10*
Macquarie University (Amendment) Act 1984 No. 13*
Annual Holidays (Amendment) Act 1984 No. 31*
Law Reform (Miscellaneous 'Provisions) Amendment Act 1984 No. 39*
Parliamentary Committees Enabling Act 1984 No. 42**
National. Parks and Wildlife (Adjustment of Area) Act 1984 No. 141**
Adoption of Children (De Facto Relationships) Amendment Act 1984 No. 148*
Periodic Detention of Prisoners (Amendment) Act 1985 No. 17*
Industrial Arbitration (Further Amendment) Act 1985 No. 62*
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 NO. 57—Sch. 3
Miscellaneous Acts (State Drug Crime Commission) Amendment Act 1985 No. 118*
Miscellaneous Acts (Motor Transport Fees and Charges) Amendment Act 1985 No. 140*
Noxious Insects (Amendment) Act 1985 No. 172*
Public Authorities Superannuation (Amendment) Act 1985 No. 178*
Sydney Cricket and Sports Ground (Amendment) Act 1985 No. 188*
Sydney Opera House 'Rust (Amendment) Act 1985 No. 191*
Parliamentary Committees Enabling Act 1985 No. 193**
Soil Conservation (Amendment) Act 1985 No. 201*
Police Regulation (Superannuation) Amendment Act 1985 No. 211*
Standard Time (Amendment) Act 1986 No. l*
Industrial Arbitration (Amendment) Act 1986 No. 7*
Annual Holidays (Industrial Arbitration) Amendment Act 1986 No. 8*
Long Service Leave (Metalliferous Mining Industry) (Industrial Arbitration)
Amendment Act 1986 No. 10*
Industrial Arbitration (Further Amendment) Act 1986 No. 23*
Long Service Leave (Metalliferous Mining Industry) Amendment Act 1986
No. 25*
Macquarie University (Amendment) Act 1986 No. 31*
Public Hospitals (Amendment) Act 1986 No. 51*
Landlord and Tenant (Rental Bonds) Amendment Act 1986 No. 62*
Securities Industry (Application of Laws) Amendment Act 1986 No. 68*
Protected Estates (Amendment) Act 1986 No. 95*
Standard. Time (Further Amendment) Act 1986 No. 98*
Therapeutic Goods and Cosmetics (Amendment) Act 1986 No. 103*
Soil Conservation (Amendment) Act 1986 No. 105*
Industrial Arbitration (Miscellaneous Provisions) Amendment Act 1986
No. 127*
Trade Union (Amendment) Act 1986 No. 128*
Soil Conservation (Further Amendment) Act 1986 No. 142*
Necropolis (Amendment) Act 1986 No. 145*
Strata Titles (Plan Registration) Amendment Act 1986 No. 151*
Public Health (Tobacco) Amendment Act 1986 No. 164*
State Bank (Amendment) Act 1986 No. 169*
Sydney Cricket and Sports Ground (Amendment) Act 1986 No. 170*
Soccer Football Pools (Amendment) Act 1986 No. 192*
Rivers and Foreshores Improvement (Amendment) Act 1986 No. 202*
Industrial Arbitration (Industrid Tribunals) Amendment Act 1986 No. 206*
New South Wales State Conservatorium of Music (Amendment) Act 1986
No. 217*
Theatres and Public Halls (Registered Clubs) Amendment Act 1987 No. 4*
Plant Diseases (Amendment) Act 1987 No. 17*
New South Wales Government Engineering and Shipbuilding Undertaking
(Repeal) Act 1987 No. 24**
Education Commission (Amendment) Act 1987 No. 30*
Public Authorities Superannuation (Retrenchment) Amendment. Act 1987
No. 41*
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 3
Occupational Health and Safety (workers Compensation) Amendment Act 1987 No. 80*
Industrial Arbitration (Tribunals and Delegations) Amendment Act 1987 No. 123*
Royal Commissions (Amendment) Act 1987 No. 151*
Botany Bay National Park Extension Act 1987 No. M**
Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1987
No. 159*
Prevention of Cruelty to Animals (Amendment) Act 1987 No. 160*
Parliamentary Electorates and Elections (Further Amendment) Act 1987
| NO. | 173* |
Stamp Duties (Sale of Land) Amendment Act 1987 No. 194*
Tourism Commission (Amendment) Act 1987 No. 199*
Miscellaneous Acts (Heritage Authorities) Amendment Act 1987 No. 201*
Pesticides and Allied Chemicals (Amendment) Act 1987 No. 204*
Police Association Employees (Superannuation) Amendment Act 1987
No. 222*
Industrial Arbitration (Contracts of Carriage) Amendment Act 1987 No. 248* Protected Estates (Disability Services and Guardianship) Amendment Act 1987
No. 261*
National Parks (Special Provisions) Act 1988 No. 14**
Miscellaneous Acts (Education Commission) Amendment Act 1988 No. 30*
Public Hospitals (Visiting Practitioners) Amendment Act 1988 No. 31*
Miscellaneous Acts (Public Sector Management) Amendment Act 1988 No. 34*
Parliamentary Committees Enabling Act 1988 No. M**
Strata Titles (Leasehold) Amendment Act 1988 No. 58*
Totalizator (Off-course Betting) Amendment Act 1988 No. 69*
Lotto (Amendment) Act 1988 No. 72*
Summary Offences (Prostitution) Amendment Act 1988 No. 117*
Miscellaneous Acts (Private Health Establishments) Amendment Act 1988
No. 125*
Police Regulation (Superannuation) Amendment Act 1988 No. 134*
National Parks and Wildlife (Marine Mammals Protection) Amendment Act
1989 No. 21* National Parks and Wildlife (Unauthorised Use of Land) Amendment Act 1989
No. 22*
National Parks (Special Provisions) Act 1989 No. 41**
Harness Racing Authority (Amendment) Act 1989 No. 60*
Soccer Football Pools (Amendment) Act 1989 No. 72*
Industrial Arbitration (Industrial and Commercial Training) Amendment Act
1989 No. 78*
National Parks and Wildlife (Amendment) Act 1989 No. 84*
Wilderness (Plans of Management) Amendment Act 1989 No. 85*
Maritime Services (Amendment) Act 1989 No. 94*
Miscellaneous Acts (Rural Assistance) Repeal and Amendment Act 1989
No. 98*
Miscellaneous Acts (public Sector Executives Superannuation) Amendment Act 1989 No. 107*
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 3
University of Western Sydney (Amendment) Act 1989 No. 128* Bicentennial Park Trust (Leases) Amendment Act 1989 No. 140* Minors (Property and Contracts) Amendment Act 1989 No. 144* Police Regulation (Reinstatement) Act 1989 No. 145**
Public Authorities (Financial Arrangements) Amendment Act 1989 No. 152*
Mine Subsidence Compensation (Amendment) Act 1989 No. 154*
Parliamentary Contributory Superannuation (Amendment) Act 1989 No. 159*
Strata Titles (Registration of Plans) Amendment Act 1989 No. 173*
Strata Titles (Leasehold) (Registration of Plans) Amendment Act 1989
No. 174* Public Authorities (Financial Arrangements) Further Amendment Act 1989
No. 178*
Treasury Corporation (Amendment) Act 1989 No. 180*
Stock Diseases (Offences) Amendment Act 1989 No. 18 l*
Pesticides and Allied Chemicals (Amendment) Act 1989 No. 183*
Law Reform (Vicarious Liability) Amendment Act 1989 No. 188*
Family Provision (Foreign Land) Amendment Act 1989 No. 191*
Parliamentary Committees Enabling Act 1989 No. 194**
Pipelines (Amendment) Act 1989 No. 209*
Sentencing (Life Sentences) Amendment Act 1989 No. 220*
Stamp Duties (Further Amendment) Act 1989 No. 223*
Public Sector Executives Superannuation (Amendment) Act 1989 No. 228*
Soil Conservation (Amendment) Act 1989 No. 236*
Protected Estates (Amendment) Act 1989 No. 239*
Totalizator (Amendment) Act 1990 No. 3*
Totalizator (Off-course Betting) Amendment Act 1990 No. 4*
Building Services Corporation (Kit Homes) Amendment Act 1990 No. 33*
Solicitor General and Crown Advocate (Amendment) Act 1990 No. 44*
Stamp Duties (Amendment) Act 1990 No. 45*
Supply Act 1990 No. 52**
Royal Commissions (Amendment) Act 1990 No. 58*
Aboriginal Land Rights (Amendment) Act 1990 No. 60*
Lotteries and Art Unions (Amendment) Act 1990 No. 62*
Stamp Duties (Further Amendment) Act 1990 No. 66*
Appropriation Act 1990 No. 70**
National Parks and Wildlife (Mining Prohibition) Amendment Act 1990
No. 71"
Ombudsman (Amendment) Act 1990 No. 79*
Traffic (Amendment) Act 1990 No. 96*
National Parks and Wildlife (Leases) Amendment Act 1990 No. 106*
Prisons (Contract Management) Amendment Act 1990 No. 107*
Industrial Arbitration (Enterprise Agreements) Amendment Act 1990 No. 113*
Parliamentary Committees Enabling Act 1990 No. 116**
Occupational Health and Safety Legislation (Amendment) Act 1990 No. 121*
Petroleum (Submerged Lands) Amendment Act 1991 No. 6*
Industrial Arbitration (Unfair Dismissal) Amendment Act 1991 No. 11*
Industrial Arbitration (Amendment) Act 1991 No. 21*
Prisons (Escape) Amendment Act 1991 No. 26*
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Sch. 3
Supply Act 1991 No. 28**
Stock Diseases (Amendment) Act 1991 No. 31*
Totalizator (Amendment) Act 1991 No. 32*
Appropriation Act 1991 No. 39**
Treasury Corporation (Amendment) Act 1991 No. 50”
Parliamentary Committees Enabling Act 1991 No. 56**
Royal Commissions (Amendment) Act 1991 No. 58*
Centennial Park Trust (Amendment) Act 1991 No. 68*
Harness Racing Authority (Appeals) Amendment Act 1991 No. 78*
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 practical utility
EXPLANATORY NOTE
The repeals are explained in detail in the explanatory note relating to this Act. In relation to the repeal of amending Acts, it should be noted that the Acts are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the Acts or any associated provisions.
Section 30 (2) ofthe Interpretation Act 1987 ensures that, when an amending Act is repealed,no amendmentmadebytheAct is affected. Section 30(2) alsoensures that the following matters are not affected:
| (a) | the proof of any past act or thing; |
| (b) | any right, privilege, obligation or liability saved by the operation of the Act; |
| (c) | any validation made by the Act. |
SCHEDULE 4— GENERAL SAVINGS, TRANSITIONAL AND OTHER
PROVISIONS
(Sec. 5)
Effect of amendment of amending provisions
1. (1) An amendment made by Schedule 1 or 2 to an amending provision
contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision.
(2) In this clause:
“amending provision” means a provision of an Act, or of any other
instrument, being a provision that has commenced and that makes a direct
amendment to an Act by:
| (a) | the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter; or |
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 4
| (b) | the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter; or |
| (c) | the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act, |
whether the provision was enacted before or after the commencement of
the Reprints Act 1972.
EXPLANATORY NOTE
This clause ensures that amendments correcting errors in the technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting defects (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter) will commence on the date the amendments to which they relate commenced.
Effect of amendment or repeal on acts done or decisions made
2. Except where it is expressly provided to the contrary, if this Act:
(a) amends a provision of an Act; or
(b) repeals and re-enacts (with or without modification) a provision of an Act,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.
EXPLANATORY NOTE
This clause ensures that the amendment or repeal of a provision will not, unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.
Regulations
3. (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 or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication;or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Sch. 4
EXPLANATORY NOTE
This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposedAct withregardtowhichnospecific,orsufficient,provisionhasbeenmade in the Act.
NOTES
Index of Acts amended by Schedules 1 and 2
Aboriginal Land Rights Act 1983 No. 42—Sch. 2
Ambulance Services Act 1990 No. 16—Sch. 2
Area Health Services Act 1986 No. 50—Sch. 2
Bennelong Point (Parking Station) Act 1985 No. 189—Sch. 2
Bicentennial Park Trust Act 1987 No. 29— Sch. 2
Building and Construction Industry Long Service Payments Act 1986 No. 19—
Sch. 2
Business Franchise Licences (Petroleum Products) Act 1987 No. 94— Sch. 1
Business Franchise Licences (Tobacco) Act 1987 No. 93—Sch. 1
Catchment Management Act 1989 No. 235—Sch. 2
Charles Sturt University Act 1989 No. 76—Sch. 2
Chipping Norton Lake Authority Act 1977 No. 38—Sch. 2
Clean Air Act 1961 No. 69—Sch. 1
Clean Waters Act 1970 No. 78—Sch. 1
Community Welfare Act 1987 No. 52— Sch. 2
Conveyancing Act 1919 No. 6—Sch. 1
Co-operation Act 1923 (1924 No. 1)— Sch. 1
Criminal Procedure Act 1986 No. 209— Sch. 2
Crown Lands Act 1989 No. 6—Sch. 1
Dairy Industry Act 1979 No. 208— Sch. 2
Darling Harbour Authority Act 1984 No. 103—Sch. 2
Debits Tax Act 1990 No. 112—Sch. 1
District Court Act 1973 No. 9—Sch. 1
Education Reform Act 1990 No. 8— Sch. 2
Electricity Act 1945 (1946 No. 13)— Sch. 2
Electricity Commission Act 1950 No. 22—Sch. 2
Environmental Offences and Penalties Act 1989 No. 150— Sch. 1
Environmentally Hazardous Chemicals Act 1985 No. 14—Sch. 1
Fire Brigades Act 1989 No. 192— Sch. 1
Forestry, Act 1916 No. 55—Sch. 1
Friendly Societies Act 1989 No. 232— Sch. 1
Government Telecommunications Act 1991 No. 77—Sch. 2
Health Insurance Levies Act 1982 No. 159—Sch. 1
Historic Houses Act 1980 No. 94— Sch. 2
Housing Act 1912 No. 7—Sch. 2
Housing Act 1976 No. 62—Sch. 2
Hunter Valley Flood Mitigation Act 1956 No. 10—Sch. 2
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Notes
Industrial Relations Act 1991 No. 34— Sch. 1
Interpretation Act 1987 No. 15— Sch. 1
Judgment Creditors' Remedies Act 1901 No. 8— Sch. 1
Lake Illawarra Authority Act 1987 No. 285— Sch. 2
Land Tax Management Act 1956 No. 26—Sch. l
Local Courts (Civil Claims) Act 1970 No. 11— Sch. 1
Local Government Act 1919 No. 41—Sch. 1
Macquarie University Act 1989 No. 126— Sch. 2
Mines Rescue Act 1925 No. 3— Sch. 2
New South W ales Retirement Benefits Act 1972 No. 70—Sch. 2
Noise Control Act 1975 No. 35— Sch. 1
Occupational Health and Safety Act 1983 No. 20— Sch. 2
Ombudsman Act 1974 No. 68— Sch. 2
Parramatta Stadium Trust Act 1988 No. 86—Sch. 2
Pay-roll Tax Act 1971 No. 22— Sch. 1
Plant Diseases Act 1924 No. 38— Sch. 1
Police Regulation (Superannuation) Act 1906 No. 28— Sch. 1
Pollution Control Act 1970 No. 95— Sch. 1
Protection of the Environment Administration Act 1991 No. 60— Sch. 1
Public Authorities Superannuation Act 1985 No. 41— Sch. 2
Public Hospitals Act 1929 No.' 8— Sch. 2
Public Servant Housing Authority Act 1975 No. 38—Sch. 2
Real Property Act 1900 No. 25— Sch. 2
Rural Lands Protection Act 1989 No. 197—Sch. 2
Soil Conservation Act 1938 No. 10— Sch. 1
Stamp Duties Act 1920 No. 47— Sch. 1
State Authorities Non-Contributory Superannuation Act 1987 No. 212— Sch. 2
State Authorities Superannuation Act 1987 No. 211— Sch. 2
State Development and Industries Assistance Act 1966 No. 10— Sch. 2
State Public Service Superannuation Act 1985 No. 45— Sch. 2
State Sports Centre Trust Act 1984 No. 68— Sch. 2
Superannuation Act 1916 No. 28—Sch. 2
Supreme Court Act 1970 No. 52—Sch. 1
Surveyors Act 1929 No. 3— Sch. 2
Swimming Pools Act 1992 No. 49— Sch. 1
Sydney Cove Redevelopment Authority Act 1968 No. 56— Sch. 2
Sydney Electricity Act 1990 No. 117—Sch. 2
Sydney Market Authority Act 1968 No. 11— Sch. 1
Sydney Turf Club Act 1943 No. 22— Sch. 2
Teacher Housing Authority Act 1975 No. 27— Sch. 2
Technical and Further Education Commission Act 1990 No. 118— Sch. 2
Transport Administration Act 1988 No. 109—Sch. 1
University of New England Act 1989 No. 67— Sch. 2
University of New South W ales Act 1989 No. 125— Sch. 2
University of Newcastle Act 1989 No. 68—Sch. 2
University of Sydney Act 1989 No. 124— Sch. 2
University of Technology, Sydney, Act 1989 No. 69— Sch. 2
University of W estern Sydney Act 1988 No. 90— Sch. 2
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Notes
University of Wollongong Act 1989 No. 127— Sch. 2
Valuation of Land Act 1916 No. 2—Sch. 1
Waste Disposal Act 1970 No. 97—Sch. 1
Wild Dog Destruction Act 1921 No. 17—Sch. 1
Workers Compensation Act 1987 No. 70—Sch. 2
Zoological Parks Board Act 1973 No. 34—Sch. 2
Index of Acts repealed by Schedule 3
Aboriginal Land Rights (Amendment) Act 1990 No. 60
Adoption of Children (Amendment) Act 1982 No. 37
Adoption of Children (De Facto Relationships) Amendment Act 1984 No. 148
Annual Holidays (Amendment) Act 1984 No. 31
Annual Holidays (Industrial Arbitration) Amendment Act 1986 No. 8
Appropriation Act 1990 No. 70
Appropriation Act 1991 No. 39
Bicentennial Park Trust (Leases) Amendment Act 1989 No. 140
Border Railways (Amendment) Act 1983 No. 118
Botany Bay National Park Extension Act 1987 No. 155
Building Services Corporation (Kit Homes) Amendment Act 1990 No. 33
Census Act 1901 (1900 No. 65)
Census (Amendment) Act 1946 No. 29
Centennial Park Trust (Amendment) Act 1991 No. 68
Chowilla Reservoir Agreement Act 1964 No. 2
Civil Aviation (Carriers' Liability) Amendment Act 1971 No. 8
Clean Air (Amendment) Act 1974 No. 92
Coal Loading Works (Ports of Newcastle, Port Kembla and Sydney) Agreement
Act 1961 No. 54
Commonwealth and State Bank Agreement Ratification Act 1937 No. 41 Commonwealth and State Banks Agreement Ratification Act 1935 No. 28 Commonwealth and State Banks Agreements Ratification Act 1931 No. 62 Education Commission (Amendment) Act 1987 No. 30
Elizabeth Bay House Trust (Repeal) Act 1980 No. 95
Family Provision (Foreign Land) Amendment Act 1989 No. 191
General Loan Account Appropriation Act 1954 No. 30
General Loan Account Appropriation Act 1955 No. 33
General Loan Account Appropriation Act 1958 No. 30
General Loan Account Appropriation Act 1959 No. 27
General Loan Account Appropriation Act 1960 No. 50
General Loan Account Appropriation Act 1961 No. 38
General Loan Account Appropriation Act 1962 No. 41
General Loan Account Appropriation Act 1963 No. 38
General Loan Account Appropriation Act 1964 No. 51
General Loan Account Appropriation Act 1965 No. 17
General Loan Account Appropriation Act 1966 No. 47
General Loan Account Appropriation Act 1967 No. 58
General Loan Account Appropriation Act 1968 No. 44
General Loan Account Appropriation Act 1969 No. 68
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Notes
General Loan Account Appropriation Act 1970 No. 62 General Loan Account Appropriation Act 1971 No. 41 General Loan Account Appropriation Act 1972 No. 68 General Loan Account Appropriation Act 1973 No. 83 General Loan Account Appropriation Act 1974 No. 78 General Loan Account Appropriation Act 1975 No. 74 General Loan Account Appropriation Act 1976 No. 92 General Loan Account Appropriation Act 1977 No. 111 General Loan Account Appropriation Act 1978 No. 93 General Loan Account Appropriation Act 1979 No. 135
General Loan Account Appropriation Act 1980 No. 118 General Loan Account Appropriation Act 1981 No. 105 Harness Racing Authority (Amendment) Act 1989 No. 60
Harness Racing Authority (Appeals) Amendment Act 1991 No. 78
Industrial Arbitration (Amendment) Act 1955 No. 11
Industrial Arbitration (Amendment) Act 1979 No. 107
Industrial Arbitration (Amendment) Act 1981 No. 53
Industrial Arbitration (Amendment) Act 1983 No. 98
Industrial Arbitration (Amendment) Act 1986 No. 7
Industrial Arbitration (Amendment) Act 1991 No. 21
Industrial Arbitration (Apprenticeship) Amendment Act 1981 No. 81
Industrial Arbitration (Basic Wage) Amendment Act 1967 No. 86
Industrial Arbitration (Conciliation Commissioners) Amendment Act 1976
No. 25
Industrial Arbitration (Contracts of Carriage) Amendment Act 1987 No. 248
Industrial Arbitration (Decimal Currency) Act 1965 No. 35
Industrial Arbitration (Employment Agencies) Amendment Act 1975 No. 107
Industrial Arbitration (Employment Agencies) Amendment Act 1977 No. 116
Industrial Arbitration (Enterprise Agreements) Amendment Act 1990 No. 113
Industrial Arbitration (Further Amendment) Act 1985 No. 62
Industrial Arbitration (Further Amendment) Act 1986 No. 23
Industrial Arbitration (Industrial and Commercial Training) Amendment Act
1989 No. 78
Industrial Arbitration (Industrial Tribunals) Amendment Act 1986 No. 206
Industrial Arbitration (Miscellaneous Provisions) Amendment Act 1986
No. 127
Industrial Arbitration (Public Service) Amendment Act 1979 No. 92
Industrial Arbitration (Tribunals and Delegations) Amendment Act 1987
No. 123
Industrial. Arbitration (Unfair Dismissal) Amendment Act 1991 No. 11
Land Sales Control Act 1948 No. 28
Landlord and Tenant (Amendment) Act 1952 No. 55
Landlord and Tenant (Amendment) Act 1960 No. 55
Landlord and Tenant (Rental Bonds) Amendment Act 1986 No. 62
Landlord and Tenant (War Service) Amendment Act 1951 No. 12
Law Reform (Miscellaneous Provisions) Amendment Act 1982 No. 4
Law Reform (Miscellaneous Provisions) Amendment Act 1984 No. 39
Law Reform (Vicarious Liability) Amendment Act 1989 No. 188
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Notes
Long Service Leave (Metalliferous Mining Industry) Amendment Act 1986
No. 25
Long Service Leave (Metalliferous Mining Industry) (Industrial Arbitration) Amendment Act 1986 No. l0
Lotteries and Art Unions (Amendment) Act 1990 No. 62
Lotto (Amendment) Act 1988 No. 72
Macquarie University (Amendment) Act 1984 No. 13
Macquarie University (Amendment) Act 1986 No. 31
Macquarie University (Constitution) Amendment Act 1978 No. 80
Maritime Services (Amendment) Act 1966 No. 63
Maritime Services (Amendment) Act 1989 No. 94
Mine Subsidence Compensation (Amendment) Act 1983 No. 125
Mine Subsidence Compensation (Amendment) Act 1989 No. 154
Minors (Property and Contracts) Amendment Act 1989 No. 144
Miscellaneous Acts (Education Commission) Amendment Act 1988 No. 30
Miscellaneous Acts (Heritage Authorities) Amendment Act 1987 No. 201
Miscellaneous Acts (Motor Transport Fees and Charges) Amendment Act 1985
No. 140
Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1'983 No. 186
Miscellaneous Acts (National Parks and Wildlife) Amendment Act 1987 No. 159
Miscellaneous Acts (Private Health Establishments) Amendment Act' 1988 No. 125
Miscellaneous Acts (Public Sector Executives Superannuation) Amendment Act 1989 No. 107
Miscellaneous Acts (Public Sector Management) Amendment Act 1988 No. 34 Miscellaneous Acts (Rural Assistance) Repeal and Amendment Act 1989
No. 98
Miscellaneous Acts (State Drug Crime Commission) Amendment Act 1985 No. 118
Miscellaneous Acts (State Superannuation Fund) Amendment Act 1984 No. 10 Motor Vehicles. (Third Party Insurance) (Recreation Vehicles) Amendment Act
1983 No. 138
National Fitness (Repeal) Act 1976 No. 7
National Parks and Wildlife (Adjustment of Area) Act 1984 No. 141
National Parks and Wildlife (Adjustment of Areas) Act 1978 No. 151
National Parks and Wildlife (Adjustment of Areas) Act 1983 No. 36
National Parks and Wildlife (Amendment) Act 1989 No. 84
National Parks and Wildlife (Leases) Amendment Act 1990 No. 106
National Parks and Wildlife (Marine Mammals Protection) Amendment Act
1989 No. 21
National Parks and Wildlife (Mining Prohibition) Amendment Act 1990 No. 71 National Parks and Wildlife (State Recreation Areas) Amendment Act 1980
No. 80
National Parks and Wildlife (Unauthorised Use of Land) Amendment Act 1989
No. 22
National Parks and Wildlife (Vaucluse House) Amendment Act 1980 No. 96
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Notes
National Parks (Special Provisions) Act 1988 No. 14 National Parks (Special Provisions) Act 1989 No. 41 Navigation (Commercial Vessels) Amendment Act 1979 (1982 No. 93)
Navigation (Commercial Vessels) Amendment Act 1983 No. 113
Necropolis (Amendment) Act 1986 No. 145
New South W ales Government Engineering and Shipbuilding Undertaking
(Repeal) Act 1987 No. 24
New South W ales State Conservatorium of Music (Amendment) Act 1986 No. 217
Noxious Insects (Amendment) Act 1985 No. 172
Occupational Health and Safety Legislation (Amendment) Act 1990No. 121
Occupational Health and Safety (Workers Compensation) Amendment Act 1987
No. 80
Ombudsman (Amendment) Act 1990 No. 79
Parliamentary Committees Enabling Act 1984 No. 42
Parliamentary Committees Enabling Act 1985 No. 193
Parliamentary Committees Enabling Act 1988 No. 44
Parliamentary Committees Enabling Act 1989 No. 194
Parliamentary Committees Enabling Act 1990 No. 116
Parliamentary Committees Enabling Act 1991 No. 56
Parliamentary Contributory Superannuation (Amendment) Act 1989 No. 159
Parliamentary Electorates and Elections (Further Amendment) Act 1987
No. 173
Periodic Detention of Prisoners (Amendment) Act 1985 No. 17
Pesticides, and Allied Chemicals (Amendment) Act 1987 No. 204
Pesticides and Allied Chemicals (Amendment) Act 1989 No. 183
Petroleum (Submerged Lands) Amendment Act 1991 No. 6
Pipelines (Amendment) Act 1989 No. 209
Plant Diseases (Amendment) Act 1971 No. 27
Plant Diseases (Amendment) Act 1987 No. 17
Poisons (Amendment) Act 1981 No. 88
Police Association Employees (Superannuation) Amendment Act 1987 No. 222
Police Regulation (Reinstatement) Act 1989 No. 145
Police Regulation (Superannuation) Amendment Act 1985 No. 211
Police Regulation (Superannuation) Amendment Act 1988 No. 134
Prevention of Cruelty to Animals (Amendment) Act 1987 No. 160
Prisons (Contract Management) Amendment Act 1990 No. 107
Prisons (Escape) Amendment Act 1991 No. 26
Protected Estates (Amendment) Act 1986 No. 95
Protected Estates (Amendment) Act 1989 No. 239
Protected Estates (Disability Services and Guardianship) Amendment Act 1987
No. 261
Public Authorities (Financial Arrangements) Amendment Act 1989 No. 152 Public Authorities (Financial Arrrangements) Further Amendment Act 1989
No. 178
Public Authorities Superannuation (Amendment) Act 1985 No. 178
Public Authorities Superannuation (Retrenchment) Amendment Act 1987
No. 41
Statute Law (Miscellaneous Provisions) Act (No. 2) I992 No. 57—Notes
Public Health (Tobacco) Amendment Act 1986 No. 164
Public Hospitals (Amendment) Act 1933 No. 23
Public Hospitals (Amendment) Act 1986 No. 51
Public Hospitals (Visiting Practitioners) Amendment Act 1988 No. 31
Public Sector Executives Superannuation (Amendment) Act 1989 No. 228
Rivers and Foreshores Improvement (Amendment) Act 1986 No. 202
Royal Commissions (Amendment) Act 1987 No. 151
Royal Commissions (Amendment) Act 1990 No. 58
Royal Commissions (Amendment) Act 1991 No. 58
Securities Industry (Application of Laws) Amendment Act 1986 No. 68
Sentencing (Life Sentences) Amendment Act 1989 No. 220
Soccer Football Pools (Amendment) Act 1986 No. 192
Soccer Football Pools (Amendment) Act 1989 No. 72
Soil Conservation (Amendment) Act 1985 No. 201
Soil Conservation (Amendment) Act 1986 No. 105
Soil Conservation (Amendment) Act 1989 No. 236
Soil Conservation (Further Amendment) Act 1986 No. 142
Solicitor General and Crown Advocate (Amendment) Act 1990 No. 44
Stamp Duties (Amendment) Act 1990 No. 45
Stamp Duties (Further Amendment) Act 1989 No. 223
Stamp Duties (Further Amendment) Act 1990 No. 66
Stamp Duties (Sale of Land) Amendment Act 1987 No. 194
Standard Time (Amendment) Act 1986 No. 1
Standard Time (Further Amendment) Act 1986 No. 98
State Bank (Amendment) Act 1986 No. 169
State Bank (Contributions) Amendment Act 1981 No. 117
State Debt and Sinking Fund Act 1904 No. 19
State Taxation Collection Act 1942 No. 21
Statute Law Revision Act 1924 No. 34
Stock Diseases (Amendment) Act 1934 No. 33
Stock Diseases (Amendment) Act 1991 No. 31
Stock Diseases (offences) Amendment Act 1989 No. 181
Strata Titles (Amendment) Act 1974 No. 35
Strata Titles (Amendment) Act 1976 No. 18
Strata Titles (Leasehold) Amendment Act 1988 No. 58
Strata Titles (Leasehold) (Registration of Plans) Amendment Act 1989 No. 174
Strata Titles (Plan Registration) Amendment Act 1986 No. 151
Strata Titles (Registration of Plans) Amendment Act 1989 No. 173
Summary Offences (Prostitution) Amendment Act 1988 No. 117
Supply Act 1990 No. 52
Supply Act 1991 No. 28
Sydney Cricket and Sports Ground (Amendment) Act 1985 No. 188
Sydney Cricket and Sports Ground (Amendment) Act 1986 No. 170
Sydney Opera House Trust (Amendment) Act 1985 No. 191
Theatres and Public Halls (Registered Clubs) Amendment Act 1987 No. 4
Therapeutic Goods and Cosmetics (Amendment) Act 1986 No. 103
Totalizator (Amendment) Act 1990 No. 3
Totalizator (Amendment) Act 1991 No. 32
Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 57—Notes
Totalizator (Off-course Betting) Amendment Act 1988 No. 69
Totalizator (Off-course Betting) Amendment Act 1990 No. 4
Tourism Commission (Amendment) Act 1987 No. 199
Trade Union (Amalgamations) Amendment Act 1981 No. 54
Trade Union (Amalgamations) Special Provisions Act 1980 No. 164
Trade Union (Amendment) Act 1986 No. 128
Traffic (Amendment) Act 1990 No. 96
Treasury Corporation (Amendment) Act 1989 No. 180
Treasury Corporation (Amendment) Act 1991 No. 50
Trotting Authority (Amendment) Act 1983 No. 80
University of Western Sydney (Amendment) Act 1989 No. 128
Wilderness (Plans of Management) Amendment Act 1989 No. 85
[Minister's second reading speech made in
Legislative Assembly on 3 September 1992 Legislative Council on 23 September 1992]
Statute Law (Miscellaneous Provisions) Act (No 2) 1992 (NSW)
0
0
0