Statute Law (Miscellaneous Provisions) Act (No 2) 1996 (NSW)

New South Wales

Statute Law (Miscellaneous

Provisions) Act (No 2) 1996 No 121

Contents

Page

1 Name of Act

2	Commencement	2
3	Amendments	2
4	Repeals	2
5	General savings, transitional and other provisions	2
6	Explanatory notes	2

Schedules

Minor am endm ents

C asino Control Act 199 2 N o 1 5

Drug M isuse a n d Trafficking Act 198 5 N o 2 2 6

Electricity Supply Act 199 5 N o 9 4

Energy S erv ices C orporations Act 199 5 N o 9 5

F reedom of Information Act 198 9 N o 5

G reyhound R acing Control B oard Act 1 9 8 5 N o 119

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Contents

Page

Interpretation Act 1 9 8 7 N o 1 5

Irrigation C orporations Act 1 9 9 4 N o 4 1

Landlord a n d T enant (R en tal B onds) Act 1 9 7 7 N o 4 4

Local G overnm ent Act 1 9 9 3 N o 3 0

Local G overnm ent (C onsequentia l Provisions) Act

1 9 9 3 N o 3 2

N ational P a rk s a n d Wildlife Act 1 9 7 4 N o 80

Noxious W eeds Act 1 9 9 3 N o 11

P o iso n s a n d T herapeutic G o o d s Act 1 9 6 6 N o 3 1

P o iso n s a n d T herapeutic G o o d s R egulation

1 9 9 4

Police R egulation (Superannuation) Act 1 9 0 6 N o 2 8 Public Authorities (Financial A rrangem ents) Act 1 9 8 7 N o 3 3

Public Authorities (Financial A rrangem ents) R egulation

1995

R oyal Blind Society of New S ou th W ales Act 1901

N o 5 6

S ta te Authorities Non-contributory S uperannuation Act

1 9 8 7 N o 2 1 2

S ta te Authorities S u p erannuation Act 1 9 8 7 N o 211

S tatu tory a n d O ther O ffices R em uneration Act 19 7 5

(1976 N o 4)

Subordinate Legislation Act 1 9 8 9 N o 1 4 6

S uperannuation Act 19 1 6 N o 2 8

S uperannuation Administration Act 1 9 9 6 N o 3 9

T h rea ten ed S p ec ies C onservation Act 1 9 9 5 N o 1 0 1

Trans-Tasm an M utual R ecognition (New S o u th W ales)

Act 1 9 9 6 N o 1 0 2

W ater Act 19 1 2 N o 44

2	A m endm ents b y way of s ta tu te law revision	3 9
3	A m endm ents replacing gender-specific language	5 5

Minor am en d m en ts co n seq u en t o n enactm en t of

Industrial

R elations Act 1996

7 6

5	Am endm ent transferring provisions	1 0 5
6	R ep ea ls	1 0 8
7	G eneral sav ings, transitional a n d other provisions	111

Contents page 2

New South Wales

Statute Law (M iscellaneous

Provisions) Act (No 2) 1996 No 121

Act No 121, 1996

An Act to repeal certain Acts and to amend certain other Acts and regulations in various respects and for the purpose of effecting statute law revision; and to make certain savings. [Assented to 3 December 1996]

Section 1

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Statute Law (Miscellaneous Provisions) Act

(No 2) 1996.

2 Commencement

(1)	This Act commences on the date of assent, except as provided by subsections (2)-(5).
(2)	The amendments made by Schedule 1 commence on the dates specified in that Schedule in relation to the amendments concerned. If a commencement date is not specified, the amendments commence on the date of assent.
(3)	The amendments made by Schedule 3 commence on the date that is 3 months after the date of assent, or on such earlier day or days as may be appointed by proclamation.
(4)	The amendments made by Schedule 4 commence on the date that is 4 months after the date of assent, or on such earlier day or days as may be appointed by proclamation. However, the amendments to the Industrial Relations Act 1996 made by Schedule 4 commence on the date of assent.
(5)	The repeals effected by Schedule 6 commence on the date of assent. However, the repeal of the Prickly Pear Act 1987 by Schedule 6 commences on 1 January 1997.

3 Amendments

Each Act and regulation specified in Schedules 1-5 is amended as set out in those Schedules.

4 Repeals

Each Act specified in Schedule 6 is repealed.

5 General savings, transitional and other provisions

Schedule 7 has effect.

6 Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Schedule 1

Minor amendments

(Section 3)

1.1	Casino Control Act 1992 No 15
Section 101 Apprentices and trainees permitted entry to casino
Insert “or trainee” after “apprentice” wherever occurring.
Explanatory note
Part 6 of the Casino Control Act 1992 prohibits minors from entering or remaining in a casino. At present, section 101 of the Act provides a defence to a prosecution under Part 6 if it is proved that the minor concerned was an apprentice (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor's entry into or presence in a casino was for the purpose of receiving training or instruction as an apprentice.
The proposed amendment extends that defence to also cover a minor who is a trainee within the meaning of the Industrial and Commercial Training Act 1989.
1.2	Drug Misuse and Trafficking Act 1985 No 226
Section 43 Certificate evidence
Insert “, or by an area health service,” after “New South Wales” in paragraph (a) of the definition of analyst in section 43 (6).
Explanatory note
possession and use of certain drugs. Section 43 of the Act sets out the evidentiary value of a certificate given by an analyst, and certain approved persons, in legal proceedings under the Act. At present, section 43 applies only to the evidence of a person employed by the Government of New South Wales as an analyst and to any person who is an analyst within the meaning of the Poisons and Therapeutic Goods Act 1966. The section also applies to any person appointed by the Director-General of the Department of Agriculture to give certificates.
The Drug Misuse and Trafficking Act 1985 prohibits the manufacture, supply, in section 43 so that they apply to a certificate issued by an analyst employed by an area health service.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

1.3	Electricity Supply Act 1995 No 94
[1]	Section 49 Obstruction of electricity works
Omit “of thing” from section 49 (1). Insert instead “or thing”.
[2]	Section 92 Non-franchise customers
Insert after section 92 (1):

(IA) An order under this section may:

(a)	apply generally or be limited in its application by reference to specified exceptions or factors, or
(b)	apply differently according to different factors of a specified kind.

(IB)	In particular, an order under this section may apply to a person only in respect o f the consumption of electricity at certain premises (in which case the order does not apply to that person in respect of the person's consumption of electricity at other premises).

[3] Section 106 Regulations

Omit section 106 (1) (c). Insert instead:

(c)	the form and content of standard form customer connection contracts and standard form customer supply contracts,

(cl) the procedures for preparing and advertising standard form customer connection contracts and standard form customer supply contracts,

published in the Gazette, to declare any specified person, or specified class of persons, to be non-franchise customers for the purposes of the Act. (The main consequence of being a non-franchise customer is that the customer can negotiate a customer supply contract, which may contain such terms as the relevant retail supplier and customer may agree: see section 43. A franchise customer is compelled by the Act to enter into a standard form customer supply contract in order to be supplied with electricity: see sections 39 and 40.)

Explanatory note

Orders declaring customers to be non-franchise customers

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Item [2] of the proposed amendments makes it clear that a Ministerial order under section 92 can apply differently according to different factors of a specified kind. In particular, if the order is expressed to apply to a person only in respect of the consumption of electricity at certain premises, that order has the effect that the person becomes a non-franchise customer in respect of electricity consumed at those premises, but remains a franchise customer in respect of electricity consumed at other premises.

Statute law revision

Item [l] of the proposed amendments corrects a typographical error. Item [3] restates a regulation-making power so as to make it clearer.

1.4	Energy Services Corporations Act 1995 No 95
Schedule 5 Savings, transitional and other provisions
Omit clauses 4 and 13.
C om m encem ent
The amendment to the Energy Services Corporations Act 1995 is taken to have commenced on 1 March 1996 (the date of commencement of Schedule 5 to that Act).
Explanatory note
At present, clause 4 of Schedule 5 to the Energy Services Corporations Act 1995 provides that, in any other Act or instrument, a reference to Pacific Power extends to a new electricity generator constituted under that Act. Clause 13 of Schedule 5 provides that, in any other Act or instrument, a reference to a former distributor (an electricity distributor constituted under the Electricity Act 1945) extends to a new distributor (an energy distributor constituted under the Energy Services Corporations Act 1995).
The proposed amendment omits those clauses from Schedule 5. (Clause 1 of Schedule 5 empowers the Governor to make regulations of a savings or transitional nature. That regulation-making power could be used to provide for the construction of references to Pacific Power so as to extend to new electricity generators, or for the construction of references to former distributors to extend to new distributors, where such a construction would be appropriate.)

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

1.5	Freedom of lnformation Act 1989 No 5
Schedule 2 Exempt bodies and offices
Insert in alphabetical order:

The Axiom Funds Management Corporation- investment functions exercised on behalf of trustees of superannuation funds.

Commencement

The amendment to the Freedom of lnformation Act 1989 is taken to have commenced on 1 July 1996 (the date of commencement of Schedule 4.2 to the Superannuation Administration Act 1996).

Explanatory note

The Freedom of lnformation Act 1989 imposes obligations on Government bodies to make available to the public certain information concerning documents. Schedule 2 to the Act specifies certain bodies and offices that are exempt from the operation of the Act in relation to those functions specified.

The Superannuation Administration Act 1996 re-organised the administration of State public sector superannuation schemes. The Act continued the FSS Trustee Corporation as trustee for the accumulation style schemes open to new members and continued the STC (formerly the State Authorities Superannuation Board) as trustee for the defined benefit style schemes closed to new members. The power to provide investment services for State public sector superannuation schemes and other schemes was conferred on the Axiom Funds Management Corporation (the successor of the State Superannuation Investment and Management Corporation).

As a consequence of those changes, the State Authorities Superannuation Board and the State Superannuation Investment and Management Corporation were omitted from the Schedule of exempt bodies in Schedule 2 to the Freedom of lnformation Act 1989. At the sam e time, the FSS Trustee Corporation and the SAS Trustee Corporation were included in that Schedule, so that they are now exempt bodies in relation to their investment functions.

The proposed amendment includes the Axiom Funds Management Corporation in the Schedule of exempt bodies, but only in relation to the exercise of investment functions on behalf of trustees of superannuation funds.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

1.6	Greyhound Racing Control Board Act 1985 No 119
[1]	Long title
Omit “Greyhound Racing Control Board”. Insert instead “Greyhound Racing Authority (NSW)”
[2]	Section 1 Name of Act
Omit “Greyhound Racing Control Board Act 1985”. Insert instead “Greyhound Racing Authority Act 1985”
[3]	Whole Act (except sections 1, 3 (1), 5 (1), 17 (1) and 18 (1) and Schedule 3)
Omit “Board” wherever occurring. Insert instead “Authority”.
[4]	Section 3 Definitions
Omit the definition of Board in section 3 (1).
Insert instead:

Authority means the Greyhound Racing Authority

(NSW) constituted by this Act.

[5] Section 3 (1) definitions of “Chairman” and “member”

Omit “Board” wherever occurring. Insert instead “Authority”.

[6] Section 3 (1) definition of “Fund” and section 17 (1)

Omit “Greyhound Racing Control Board Fund” wherever occurring.

Insert instead “Greyhound Racing Authority (NSW) Fund”.

Statute Law (Miscellaneous Provisions) Act (NO 2) 1996 No 121

Schedule 1

Minor amendments

Section 5 Constitution of Authority

Omit “Greyhound Racing Control Board” from section 5 (1).

Insert instead “Greyhound Racing Authority (NSW)”.

Section 8 Chief executive and other staff of Authority

Omit “secretary” wherever occurring.

Insert instead “chief executive”.

Section 17 Greyhound Racing Authority (NSW) Fund

Omit “The Board'' from section 17 (1).

Insert instead “The Authority”.

Section 18 Contributions to Fund by greyhound racing clubs

Omit “Board” from the definition of financial year in section 18 (1).

Insert instead “Authority”.

Schedule 1 Provisions relating to members of Authority

Omit “secretary” wherever occurring in clause 9.

Insert instead “chief executive”.

Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 4:

(2)

The change of name of the corporation constituted under section 5 (from the Greyhound Racing Control Board to the Greyhound Racing Authority (NSW)) by the Statute

Law (Miscellaneous Provisions) Act (No 2) 1996 does

not affect the identity or continuity of status of that

corporation.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Schedule 3

Insert after clause 4:

4A Continuation of Fund

The change of name of the Greyhound Racing Control Board Fund to the Greyhound Racing Authority (NSW) Fund by the Statute Law (Miscellaneous Provisions) Act

(No 2) 1996 does not affect the identity or continuity of

those funds.

Schedule 3, clause 7

Omit “Board”. Insert instead “Authority”.

Schedule 3, clause 7

Insert at the end of the clause:

(2)

On and from the date of assent to the Statute Law

(Miscellaneous Provisions) Act (No 2) 1996, in any other

Act, in any instrument made under any Act or in any other instrument of any kind:

(a)	a reference to the Greyhound Racing Control Board is to be read as a reference to the Greyhound Racing Authority (NSW), and
(b)	a reference to the Greyhound Racing Control Board Fund is to be read as a reference to the Greyhound Racing Authority (NSW) Fund, and
(c)	a reference to the secretary of the Greyhound Racing Control Board is to be read as a reference to the chief executive of the Greyhound Racing Authority (NSW).

Explanatory note

The Greyhound Racing Control Board is a statutory corporation constituted under

the Greyhound Racing Control Board Act 1985.

Item [7] of the proposed amendments changes the corporate name of that

corporation to the Greyhound Racing Authority (NSW). (Items [1]-[6], [9] and [10]

make consequential amendments.)

Items [8] and [11] change the title of the secretary of the Board to the chief

executive of the Authority.

Items [12]-[15] make savings provisions.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

lnterpretation Act 1987 No 15

Section 30B

Insert after section 30A:

30B Effect of amendment of statutory rule by an Act

The amendment of a statutory rule by an Act does not prevent its later amendment or repeal by another statutory rule.

Explanatory note

From time to time Acts of Parliament amend statutory rules. It is usual practice to include a provision in such Acts to make it absolutely clear that the amendment of the relevant statutory rule in that way does not affect the future amendment or repeal of the statutory rule.

The proposed amendment inserts a general provision in the lnterpretation Act 1987 to confirm that when an Act amends a statutory rule that amendment does not affect the later amendment or repeal of the statutory rule.

Irrigation Corporations Act 1994 No 41

Section 53 Conditions of irrigation corporation licence

Insert after section 53 (a):

(a1) any conditions imposed on the irrigation

corporation licence from time to time under

Division 4B of Part 2 of the Water Act 1912, and

Section 54 Imposition of conditions after irrigation corporation licence is granted

Insert at the end of the section:

(2)	This section does not apply to any condition imposed under Division 4B of Part 2 of the Water Act 1912.

Transitional imposed on an irrigation corporation licence before the commencement of those amendments.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

obligation to give the licensee an opportunity to make representations before the conditions are imposed.

Explanatory note

Irrigation corporation licences are issued under the Irrigation Corporations Act

1994. Those licences are treated as entitlements for the purposes of Division 4B

of Part 2 of the Water Act 1972 (which provides for the establishment of

volumetric water allocation schemes). The holder of an irrigation corporation

licence can therefore participate in a new volumetric water allocation scheme,

and be assigned a water allocation when a new scheme is prepared.

The proposed amendment to the Water Act 1972 made elsewhere in this

Schedule will have the effect that the Water Administration Ministerial Corporation

will be required to impose a condition relating to water allocation in respect of a

new irrigation corporation licence (as it does in respect of other entitlements). This

will allow irrigation corporations to participate in volumetric water allocation

schemes (regulated by Division 4B of Part 2 of the Water Act 1972) that are in

existence when a licence is granted a s well as in the transfer of water allocations

(regulated by Division 4C of Part 2).

Item [l] of the proposed amendments to the Irrigation Corporations Act 1994

makes it clear that when such conditions are imposed they are enforceable as

conditions on the irrigation corporation licence.

1.9	Landlord and Tenant (Rental Bonds) Act 1977 No 44
[1]	Section 6 Constitution and procedure of the Board
Omit “Director of Housing” from section 6 (1) (a).
Insert instead “Director-General of the Department of Fair Trading”.
[2]	Sections 6 (1) (a), 15 and 32 and Schedule 1, clauses 2 (2), 3 and
4 (4), (7) and (8)
Omit “Chairman” wherever occurring. Insert instead “Chairperson”.
[3]	Section 6 (1) (b)
Omit “Director-General of the Department of Fair Trading”. and Planning”.

Page11

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

[4] Schedule 1 Provisions relating to constitution and procedure of Board

Omit “Department of Housing, the Department of Consumer

Affairs” from clause 2 (1).

Insert instead “Department of Fair Trading, the Department of Urban

Affairs and Planning”.

Transitional

On the commencement of the amendments to the Landlord and Tenant (Rental Bonds) Act 1977, the Director-General of the Department of Urban Affairs and Planning ceases to be the Chairman (Chairperson) of the Rental Bond Board. The amendments to the Landlord and Tenant (Rental Bonds) Act 1977 do not affect the operation of any appointment of a deputy by a member of the Rental Bond Board.

Explanatory note

The Landlord and Tenant (Rental Bonds) Act 1977 constitutes the Rental Bond Board, which is chaired by the Director of Housing (now the Director-General of the Department of Urban Affairs and Planning) and which includes as a member the Director-General of the Department of Fair Trading.

The administration of the Act has been transferred from the Minister for Housing

to the Minister for Fair Trading.

Items [1], [3] and [4] of the proposed amendments reflect this transfer in the

constitution of the Board, by providing for the Director-General of the Department

of Fair Trading to chair the Board, with the Director-General of the Department of

Urban Affairs and Planning acting as an ordinary member.

Item [2] replaces references to the “Chairman” of the Board with references to the

“Chairperson”.

1.10

Local Government Act 1993 No 30

[1] Schedule 7 Savings, transitional and other provisions consequent on the enactment of this Act

Omit “and the Manufactured Home Estates Ordinance 1992 under

the old Act are taken to be regulations” from clause 5 (1).

Insert instead “is taken to be a regulation”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

[2] Schedule 7

Omit clauses 8, 10, 13, 17, 23,24A, 26, 26A, 27-30, 30A, 33, 39,40,

42-44, 48 and 50-53.

Explanatory note

The proposed amendments omit savings and transitional provisions that are now redundant.

1.11	Local Government (Consequential Provisions) Act 1993 No 32
Schedule 3 Savings, transitional and other provisions
Omit clauses 3 and 6.
Explanatory note
The proposed amendment omits savings and transitional provisions that are now redundant.
1.12	National Parks and Wildlife Act 1974 No 80
[1]	Section 121 Occupier's licence
Omit section 121 (2). Insert instead:

(2)

If an occupier's licence is proposed to be subject to a condition requiring labels, tags, slips or other objects to be affixed or attached to the skin or carcase of fauna harmed under the authority of the licence, the licence must not be issued unless the licensee has been supplied by the Service with sufficient labels, tags, slips or other objects to enable the licensee to comply with the relevant condition.

[2] Section 157 Requirement to state name and address

Omit “place of abode” wherever occurring in section 157 (1)

and (2).

Insert instead “residential address”.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 1

Minor amendments

[3 ] Section 157 (3 ) (b)

Omit “his name or a place of abode that is not his place of abode”. Insert instead “the person's name or an address that is not the person's residential address”.

[ 4 ] Section 171 Authority to harm or pick

Omit “with respect to any animals” from section 171 (4).

[ 5 ] Section 171 (4)

Omit “harming of any such animal”.

Insert instead “authorised activity”.

[ 6 ] Section 176 Proceedings for offences

Insert “90,” after “section” in section 176 (l AA).

Explanatory note

O ccupier's licen ces

Section 121 of the National Parks and Wildlife Act 1974 provides for the issue of an occupier's licence, authorising the owner or occupier of land to harm, or permit others to harm, a specified number of specified fauna on that land. In some cases (such a s for the culling of kangaroos) tags are required to be attached to the fauna for record keeping purposes. Section 121 (2 ) provides that an occupier's licence must not be issued unless the licensee has been supplied with sufficient labels, tags or similar objects to allow compliance with such a requirement. However, tags are not required in every case.

Item [1 ] of the proposed amendments restates section 121 (2) so as to make it clear that the obligation applies only when the licence requires that labels, tags or similar objects are to be used.

Requirement to state name and residential address

At present, section 157 of the Act empowers certain officers to require a person, suspected on reasonable grounds of committing an offence, to state the person's full name and “place of abode”.

Items [2] and [3] of the proposed amendments update such references, so that the person is instead required to state the person's name and residential address.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Authority to harm or pick

Section 171 of the Act gives the Director-General of National Parks and Wildlife the power to authorise people to harm certain animals or to take certain action in relation to trees and native plants (for example, to fell trees or pick native plants). Section 171 (4) provides that such authorisations also authorise the person to do things that would otherwise be prohibited by section 45 (1) (which deals with harming animals and discharging prohibited weapons in national parks and historic sites) or by section 56 (1) (which deals with animals in nature reserves). At present, that exemption is limited to acts done in connection with the harming of an animal.

Items [4] and [5] of the proposed amendments extend that exemption to cover all acts done in connection with the authorised harming of animals, felling of trees or picking of native plants.

P roceedings for offen ces relating to Aboriginal relics

Section 176 (1) of the Act provides that proceedings for an offence against the Act

may be taken summarily before a Local Court constituted by a Magistrate sitting

alone. However, section 176(1AA) provides for some proceedings to be taken

before the Land and Environment Court in its summary jurisdiction, as an

alternative to the Local Court.

Item [6] of the proposed amendments adds offences under section 90

(Destruction etc of relics or Aboriginal places) to the list of offences that can be

heard before the Land and Environment Court.

1.13	Noxious Weeds Act 1993 No 11
Section 7 What are the noxious weeds to which this Act applies?
Omit section 7 (5).
C om m encem ent
The amendment to the Noxious W eeds Act 1993 commences on 1 January 1997.
Explanatory note
The Noxious Weeds Act 1993 provides for the identification, classification and control of noxious weeds. At present, section 7 (5) of the Act provides that the Act does not apply to prickly pear within the meaning of the Prickly Pear Act 1987. That Act is proposed to be repealed, by Schedule 6 to this Act.
The proposed amendment repeals section 7 (5) of the Act, so that prickly pear can be brought within the application of the Act. (This can be done by Ministerial order under section 7 (1) of the Act declaring prickly pear to be a noxious weed for the purposes of the Act.)

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

1 .1 4	Poisons and Therapeutic G oods Act 1966 No 31
Section 4 Definitions
Omit from the definition of *Supply by wholesale* in section 4 (1):

and includes supply of the substance or goods in

wholesale quantities for use:

(c)	in a public institution, or
(d)	in connection with the carrying on by persons, in circumstances prescribed by the regulations, of any activity so prescribed.

Insert instead:

and includes supply of the substance or goods in

wholesale quantities:

(c)	for use in a public institution, or
(d)	to persons who are authorised by the regulations to be supplied with wholesale quantities of the substance or goods.

Amendment of P o ison s and Therapeutic G oods Regulation 1994

The Poisons and Therapeutic Goods Regulation 1994 is amended by omitting clause 125 and by inserting instead the following clause:

125 Authorised possession for supply by wholesale

(1)	For the purposes of paragraph (d) of the definition of *supply by wholesale* in section 4 (1) of the Act, each person who is authorised by a provision of Appendix E to be in possession of a substance or goods is authorised to be supplied with wholesale quantities of the substance or goods.
(2)	If the relevant provision of Appendix E includes a maximum concentration or strength in relation to a particular substance, the authority to be supplied with wholesale quantities of the substance extends only to substances in a concentration or strength not exceeding that maximum.

the Poisons Act 1966) defined wholesale dealing. The definition provided for the regulations made under that Act to authorise certain persons and activities for the purposes of that definition. The Act was amended by the Poisons Amendment (Therapeutic Goods) Act 1966 which, among other things, replaced the concept

Explanatory note

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

of wholesale dealing with the analogous concept of supply by wholesale. The definition of that term provides for certain circumstances and activities to be prescribed.

However, the Poisons and Therapeutic Goods Regulation 1994 was originally drafted in such a way as to authorise persons and activities. Authorities were issued on that basis.

The proposed amendment to the Poisons and Therapeutic Goods Act 1966 restates the last two paragraphs of the definition of supply by wholesale so as to provide for the regulations to authorise persons to be supplied with wholesale quantities of a substance or goods. An analogous amendment is made to the Poisons and Therapeutic Goods Regulation 1994.

1.15	Police Regulation (Superannuation) Act 1906 No 28
Section 5AA Source of administration costs payments
Omit “(including costs related to investment management)”.
C om m encem ent The amendment to section 5AA of the Police Regulation (Superannuation) Act 1906 is taken to have commenced on 1 July 1996 (the date of commencement of Schedule 4.9 to the Superannuation Administration Act 1996).
Until 1 July 1996, section 23A of the Superannuation Administration Act 1991 made provision for the payment of administration costs in respect of the Police Superannuation Fund. That provision was transferred into the Police Regulation (Superannuation) Act 1906 (by Schedule 4.9 [5] to the Superannuation Administration Act 1996). The new provision (section 5AA) does not exactly mirror the old provision.
Explanatory note administration costs payments so that section 5AA more closely reflects the repealed section 23A and the existing and previous procedures for payment of costs.
1.16	Public Authorities (Financial Arrangements) Act 1987 No 33
[1]	Section 5 Meaning of effecting a financial adjustment
Omit section 5 (f). Insert instead:

(f)	a currency option,
(g)	an interest rate option,

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

(h)	a commodity swap,

(i) a forward commodity agreement,

(j)	a commodity option,
(k)	a swaption,
(l)	a bond option,
(m)	an interest rate cap,
(n)	an interest rate floor,
(o)	an interest rate collar,
(p)	a forward rate bill agreement,
(q)	a forward foreign exchange transaction,
(r)	an exchange rate agreement,
(S)	a forward exchange agreement,
(t)	a reciprocal purchase agreement,
(u)	any other transaction or arrangement that is prescribed by the regulations.

[2] Section 5 (2)

Insert at the end of section 5:

(2)	In this section, *commodity* includes electricity.

[3] Section 18 Treasurer's approval as evidence

Insert at the end of the section:

(2)	For the purposes of this section, financial adjustment includes any transaction or arrangement validated by section 44.

[4] Section 44

Insert after section 43:

44 Validation of certain financial adjustments

(1)	This section applies to an arrangement or transaction entered into by an authority before the date of assent to the Statute Law (Miscellaneous Provisions) Act (No 2)
1996:

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

(a)	that was not a “financial adjustment” within the meaning of section 5 at the time that the arrangement or transaction was entered into, and
(b)	that is or was a “financial adjustment” within the meaning of section 5 as amended by Schedule 1.16 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1996, and
(c)	that was entered into while the relevant authority held an approval given by the Treasurer under Part 2A to effect financial adjustments by means of the arrangements and transactions identified in section 5, and
(d)	that was entered into in accordance with any conditions imposed on such an approval.

(2)

Every arrangement or transaction to which this section

applies is validated.

(3)

In this clause, a reference to an authority is a reference to a body that was an authority (within the meaning of section 15) at the time that the relevant arrangement or transaction was entered into.

[5] Schedule 1 Authorities

Omit “Energy South.”, “Far West Energy.”, “First State Power.”, “MetNorth Energy.”, “MetSouth Energy.”, “MidState Energy.” and “NorthPower Energy.”.

[6] Schedule 1

Insert in alphabetical order of authorities:

Advance Energy.

Australian Inland Energy.

Delta Electricity.

EnergyAustralia.

Great Southern Energy.

Integral Energy Australia.

NorthPower.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

Amendment of Public Authorities (Financial Arrangements) Regulation 1995

The Public Authorities (Financial Arrangements) Regulation 1995 is amended by omitting clause 55.

Explanatory note

Definition of “financial adjustment”

Part 2A of the Public Authorities (Financial Arrangements) Act 1987 gives public authorities the power to effect a financial adjustment, but only with the approval of the Treasurer. The term financial adjustment is defined in section 5 of the Act to mean entering into or participating in certain listed arrangements or transactions. The definition also provides for further transactions or arrangements to be prescribed by the regulations. (See clause 55 of the Public Authorities (Financial Arrangements) Regulation 1995.)

Items [1] and [2] of the proposed amendments extend the definition of financial adjustment to include further transactions or arrangements that are substantially the sam e as those presently specifically mentioned in the definition of financial adjustment in section 5, and those presently prescribed in clause 55 of the Public Authorities (Financial Arrangements) Regulation 1995. (In addition, the transactions that are presently prescribed are transferred to the statutory definition and the Public Authorities (Financial Arrangements) Regulation 1995 is amended accordingly.)

Items [3] and [4] of the proposed amendments validate any transaction entered into in accordance with an approval given by the Treasurer when the transaction or arrangement was not one of those listed in section 5 (or prescribed by the regulations for the purposes of that section), but only if such a transaction or arrangement was subsequently included in the revised definition of financial adjustment.

Statute law revision

Items [5] and [6] of the proposed amendments update references to certain energy services corporations. The revised names are:

Advance Energy (formerly MidState Energy)

Australian Inland Energy (formerly Far West Energy)

Delta Electricity (formerly First State Power)

EnergyAustralia (formerly MetNorth Energy)

Great Southern Energy (formerly Energy South)

Integral Energy Australia (formerly MetSouth Energy)

NorthPower (formerly NorthPower Energy).

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

1.17	Royal Blind Society of New South Wales Act 1901 No 56
[1]	Section 1A
Omit the section. Insert instead:
1A Definitions

In this Act:

council means the council of management referred to in

section 6.

Society means the Royal Blind Society of New South

Wales.

[2] Section 2B

Insert after section 2A:

2B Change of objects of Society

On and from the date of assent to the Statute Law

(Miscellaneous Provisions) Act (No 2) 1996, the objects

of the Society are (despite section 2) the following:

(a)	to promote in New South Wales and elsewhere the interests of blind and vision-impaired persons generally,
(b)	to provide (directly or indirectly) services to assist blind and vision-impaired persons to develop and use their abilities fully and to achieve their aspirations for participation in general community life.

[3] Section 4 Society may purchase and hold property

Omit “the Schedule”. Insert instead “Schedule 1”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

[4] Section 4

Omit the proviso.

[5] Section 4A Revocation of conditions, trusts and dedications affecting lands in Schedule 1

Omit “the Schedule” wherever occurring.

Insert instead “Schedule 1”.

[6] Section 5

Omit the section. Insert instead:

5 C lasses of membership of Society

The Society is to have the following classes of members:

(a)	honorary life members,
(b)	life members,
(c)	ordinary members.

[7] Section 5AA

Insert after section 5:

5AA Honorary life members

(1)	Honorary life members of the Society are the persons on whom the council has conferred honorary life membership.
(2)	The council may, by resolution, confer honorary life membership of the Society on any person who, in the opinion of the council, has made a very significant contribution to the work of the Society.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

[8] Section 5A

Omit the section. Insert instead:

5A Life members

(1)	The persons who are life members of the Society on the date of assent to the Statute Law (Miscellaneous
Provisions) Act (No 2) 1996 are life members of the
Society.
(2)	A person who makes a donation of, or of more than, $1,000 (or such other amount as the members at an
annual general meeting or a special general meeting may from time to time determine by resolution) to the Society becomes, on making the donation, a life member of the Society.
(3)	A life member of the Society is not required to pay any
further subscription to the Society.

[9] Section 5B

Omit the section. Insert instead:

5B Ordinary members

(1)

The persons who are members (other than life members) of the Society on the date of assent to the Statute Law

(Miscellaneous Provisions) Act (No 2) 1996 are ordinary

members of the Society until the 30 June next following that date without further payment of any subscription.

A person who makes a donation of $10 or more (but less

than the amount that qualifies a person as a life member) to the Society becomes, on making the donation, an ordinary member of the Society until:

(a)	the 30 June next following the date of the donation, or
(b)	the conclusion of the annual general meeting next following the date of the donation,

whichever is the later.

[10] Section 6 Council of management

Omit “not more than eighteen persons”. Insert instead “15 persons”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

Section 6A Election of council

Omit section 6A (2) and (3). Insert instead:

(2)	At each annual general meeting of the Society after the date of assent to the Statute Law (Miscellaneous
Provisions) Act (No 2) 1996, 5 members are to be elected
to the council.
(3)	The members so elected are, subject to this Act, to hold office until the third annual general meeting after the meeting at which they were elected.

Sections 6B (2) (b), 6C, 8, 13 (1) and 19

Insert “general” after “annual” wherever occurring.

Section 9A

Insert after section 9:

9A Notice of meetings

(1)

Every annual general meeting and special general meeting of the council is to be advertised, at least 3 weeks before the day on which the meeting is to be held:

(a)	on at least 1 occasion in at least 2 newspapers that are published on at least 5 days per week and that circulate in the Sydney metropolitan area, and
(b)	on at least 1 occasion in each of at least 2 public media that are accessible to blind and vision-impaired people.

(2)

In this section:

on-line service means a service provided by or through

the facilities of a computer communication system and accessed through a telecommunications network that allows for:

(a)	the input, output or examination of computer data or computer programs, or

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

(b)	the transmission of computer data or computer programs from one computer to another, or
(c)	the transmission of computer data or computer programs from a computer to a terminal service.

public media includes any radio or television broadcast

and any on-line service (such as a bulletin board or a service providing information through a system connected to the internet).

Section 13 Nomination of council

Omit section 13 (3).

Section 16 Meetings of council

Omit “three members”. Insert instead “6 members”.

Section 20

Insert after section 19:

20 Savings, transitional and other provisions

Schedule 2 has effect.

Schedule

Omit the heading to the Schedule. Insert instead “Schedule l Land”.

Schedule 2

Insert after Schedule 1:

Schedule 2

Savings, transitional and other

provisions

(Section 20)

1 Definition

In this Schedule:

amending Act means the Statute Law (Miscellaneous

Provisions) Act (No 2) 1996.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

2 Reduction in membership of council

Section 6, as amended by the amending Act, is to be construed as if the reference to 15 persons were:

(a)	a reference to 18 persons, until the first annual general meeting of the Society after the commencement of the section as amended, and
(b)	at that annual general meeting, and until the second such annual general meeting, a reference to 17 persons, and
(c)	at that second annual general meeting, and until the third such annual general meeting, a reference to 16 persons.

3 Continuity of council

(1)

A person who was a member of the council immediately before the repeal and re-enactment of section 6A (2) and

(3) by the amending Act is taken to have been elected in

accordance with that section as in force after that repeal

and re-enactment.

(2)

The person is to hold office for the balance of the person's term in accordance with section 6A (3) before the repeal and re-enactment of that subsection.

Objects of the Royal Blind Society of New South Wales

The Royal Blind Society of New South Wales Act 1901 (formerly the Sydney

lndustrial Blind lnstitution lncorporation Act 1907) constituted a statutory

corporation which is now called the Royal Blind Society of New South Wales. The

preamble to that Act states that the objects of the original corporation were “the

teaching of trade to blind persons, and ....... promoting the welfare of such

persons”.

Explanatory note are now directed towards assisting its clients to be involved as fully as possibly in general community life.

Power of Society to sell or mortgage real property property vested in the Society (other than the property specified in the Schedule), but only if a general meeting or special meeting of the members of the Society passes a resolution sanctioning a transaction.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Item [4] of the proposed amendments omits the proviso that requires such a resolution. As a result of the proposed amendment, the Society will have an unrestricted power to sell, dispose of or mortgage such property.

Classes of membership

At present, there are two classes of members of the Society: life members and

ordinary members.

Item [6] of the proposed amendments provides for three classes of members:

honorary life members, life members and ordinary members.

Item [7] provides for honorary life membership to be conferred on a person who,

in the opinion of the council, has made a very significant contribution to the work

of the Society.

Item [8] restates the qualification for any further life membership, namely that the

person has made a donation of $1,000 or more (or of or above such other amount

as the members at an annual general meeting may determine).

Item [9] sets out the qualifications for ordinary membership.

Membership and procedure of council of management

At present, section 6 of the Act provides for the affairs of the Society to be

managed and controlled by a council of management consisting of not more than

18 persons.

Item [10] of the proposed amendments reduces the size of membership to 15

persons.

Item [11] provides for the election of 5 persons to the council of the Society at

each annual general meeting, each for a 3 year term.

Item [12] updates references to the annual general meeting of the council.

Item [13] provides for the giving of notice of meetings. (Item [14] is consequential

on that amendment.)

Item [15] provides for a quorum of the council to be 6 members, rather than 3.

consequent on the proposed amendments.

Other matters

Item [1] of the proposed amendments inserts certain definitions.

Items [3], [5] and [17] update references to a Schedule.

Endorsement of proposed amendments

The proposed amendments have been endorsed by a special meeting of the

Society.

1.18	State Authorities Non-contributory Superannuation Act
1987 No 212
[1]	Section 11A Source of administration costs payments
Omit “(including costs related to investment management)” from section 11A (1).

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

[2] Schedule 1 Employers

Omit “Greyhound Racing Control Board” from Part 1.

Insert instead “Greyhound Racing Authority (NSW)”.

C om m encem ent

The amendment to section 11A of the State Authorities Non-contributory Superannuation Act 1987 is taken to have commenced on 1 July 1996 (the date of commencement of Schedule 4.1 5 [7] to the Superannuation Administration Act 1996).

Explanatory note

Until 1 July 1996, section 23C of the Superannuation Administration Act 1991 made provision for the payment of administration costs. That provision was transferred into the State Authorities Non-contributory Superannuation Act 1987 (by Schedule 4.15 [7] to the Superannuation Administration Act 1996). The new provision (section 11A) does not exactly mirror the old provision.

Item [l] of the proposed amendments amends section 11 A so that it more closely reflects repealed section 23C and the existing and previous procedures for payment of costs.

Item [2] updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

1.19	State Authorities Superannuation Act 1987 No 211
[1]	Section 14B Source of administration costs payments
Omit “(including costs related to investment management)” from section 14B (1).
[2]	Section 148 (1)
Insert “and contributors' accounts” after “employer reserves”.
[3]	Section 148 (2)
Omit “employees' accounts”. Insert instead “contributors' accounts”

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

[4] Section 14B (3)

Omit “employees' accounts”. Insert instead “employer reserves”.

[5] Schedule 1 Employers

Omit “Greyhound Racing Control Board” from Part 1.

Insert instead “Greyhound Racing Authority (NSW)”.

C om m encem ent

The amendments to section 14B of the State Authorities Superannuation Act 1987 are taken to have commenced on 1 July 1996 (the date of commencement of Schedule 4.16 [6] to the Superannuation Administration Act 1996).

Explanatory note

Until 1 July 1996, section 23B of the Superannuation Administration Act 1991 made provision for the payment of administration costs in respect of the State Authorities Superannuation Fund. That provision was transferred into the State Authorities superannuation Act 1987 (by Schedule 4.16 [6] to the Superannuation Administration Act 1996). The new provision (section 148) does not exactly mirror the old provision.

Items [1]-[4] of the proposed amendments amend section 14B so that it more closely reflects repealed section 23B and the existing and previous procedures for payment of costs.

Item [5] updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

1.20 Statutory and Other Offices Remuneration Act 1975

(1976 No 4)

[1] Schedule 2 Public offices

Insert at the beginning of Part 1:

Senior Chairperson of the Government and Related Employees Appeal Tribunal (not being the holder of a judicial office).

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

[2] Schedule 2, Part 1

Omit “or a magisterial office” from the matter relating to the

Chairperson of the Government and Related Employees Appeal

Tribunal.

[3] Schedule 2, Part 2

Omit the matter relating to the Senior Chairperson of the

Government and Related Employees Appeal Tribunal.

Explanatory note

The Government and Related Employees Appeal Tribunal Act 1980 was recently amended to remove the requirement that the Senior Chairperson of the Government and Related Employees Tribunal (GREAT) be a judicial office holder. The Act was also amended to provide that the remuneration of a Senior Chairperson who does not hold judicial office is to be determined by the Statutory and Other Offices Remuneration Tribunal (SORT).

The Statutory and Other Offices Remuneration Act 1975 empowers SORT to make determinations relating to the remuneration of certain office holders, including the holders of offices listed in Schedule 2 (Public offices). The office of Senior Chairperson of GREAT was added to Part 2 of Schedule 2 (by regulation) as an interim measure. However, the office of Chairperson of GREAT is included in Part 1 of the Schedule.

The proposed amendments include the Senior Chairperson of GREAT in Part 1 of Schedule 2. Accordingly, the office cannot be removed from the Schedule without an amendment to the Act.

1.21	Subordinate Legislation Act 1989 No 146
[1]	Section 10 Staged repeal of statutory rules
Omit section 10 (3) (b)-(d).
[2]	Section 10 (4)
Insert after section 10 (3):

(4)

Despite subsection (l), the following regulations are

repealed on 1 September 1998:

(a)	the General Traffic Regulations 1916,
(b)	the Motor Traffic Regulations 1935,

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

(c)	the General Traffic (Pedestrian) Regulations 1937.

Explanatory note

Part 3 of the Subordinate Legislation Act 1989 provides for the staged repeal of statutory rules. Section 10 sets out the dates on which statutory rules are repealed and section 11 provides for the postponement of repeal in specific cases.

The proposed amendments extend until 1 September 1998 the repeal of 3 regulations relating to traffic, that are due for staged repeal on 1 September 1997 and for which the maximum number of postponements have already been granted. Section 11 (3 ) of the Act has the effect that no further postponements are otherwise available.

Superannuation Act 1916 No 28

Section 3 Definitions

Omit the definition of Board from section 3 (1).

Section 8A Source of administration co sts payments

Omit “(including costs related to investment management)”	from
section 8A (1).
Schedule 3 List of employers
Omit “Greyhound Racing Control Board” from Part 1. Insert instead “Greyhound Racing Authority (NSW)”.
Commencement

The amendment to section 8A of the Superannuation Act 1916 is taken to have commenced on 1 July 1996 (the date of commencement of Schedule 4.18 to the Superannuation Administration Act 1996).

Explanatory note

Item [1 ] of the proposed amendments omits a redundant definition.

Until 1 July 1996, section 23C of the Superannuation Administration Act 1991

made provision for the payment of administration costs in respect of the State

Superannuation Fund. That provision was transferred into the Superannuation

Act 1916 (by Schedule 4.18 [7] to the Superannuation Administration Act 1996).

The new provision (section 8A) does not exactly mirror the old provision.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

Item [2] of the proposed amendments omits unnecessary words relating to the source of administration costs payments so that section 8A more closely reflects repealed section 23C and the existing and previous procedures for payment of costs.

Item [3] updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

1.23	Superannuation Administration Act 1996 No 39
[ 1 ]	Section 67 Determination of disputes
Insert after section 67 (2):

(3)	Despite subsection ( l ) , STC may not determine a dispute under the Police Regulation (Superannuation) Act 1906 relating to or arising from a question of whether or not a member of the Police Service or a former member of the Police Service was hurt on duty.

[2 ] Schedule 3 Savings and transitional provisions

Omit clause 6 . Insert instead:

6 References to State Superannuation Investment and

Management Corporation

On and from the repeal of the 1991 Act, a reference in any Act (other than this Act) or in any instrument made under any Act or in any other instrument of any kind to the State Superannuation Investment and Management Corporation is to be read:

(a)	except as provided by paragraph (c), as a reference to STC or FTC, if the reference to the Corporation relates to any of its functions relating to the investment of any of the STC or FTC funds, respectively, or related functions, or

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

(b)	except as provided by paragraph (c), as a reference to SAA, if the reference relates to any of its functions relating to the administration of the STC Schemes, the Public Sector Executives Superannuation Scheme established under the Public Sector Executives Superannuation Act 1989 or the First State Superannuation Scheme established under the First State Superannuation Act 1992, or
(c)	as a reference to AFMC, if the reference to the Corporation relates to any of its functions relating to any assets, rights or liabilities of the Corporation transferred to AFMC by clause 11.

[3 ] Schedule 3 , clause 20 (3)

Omit “AFMC”.

Insert instead “STC, in relation to STC funds or related matters, or

FTC, in relation to FTC funds or related matters” .

[4] Schedule 3 , clause 20 (5) and (6)

Insert after clause 20 (4):

(5)

Despite subclauses (3) and (4), a contract for the performance of services entered into with the Corporation by another person or body (other than the SAS Board or the PSES Board), and in force immediately before the repeal of the 1991 Act and relating to an asset, right or liability of the Corporation transferred to AFMC under clause 11, becomes, on the transfer, to the extent that it so relates, a contract entered into with AFMC.

(6)

Any contract for the performance of services entered into with the Corporation by the SAS Board or the PSES Board, and in force immediately before the repeal of the 1991 Act and relating to the scheme administration of the FTC or STC schemes or related matters, becomes, on the repeal of that Act, a contract for the performance of services entered into with SAA by FTC or STC, respectively.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 1

Minor amendments

[5] S ch ed u le4 .13 [7 ]

Omit the item. Insert instead:

[ 7 ] S ec tio n 2 4 A dditional B en efit M anagem ent F und

Omit “section 9 or 10” from section 24 (2) where firstly occurring.

Insert instead “sections 12 and 20 of the Superannuation

Administration Act 1996”.

[6 ] Schedule 4.13 [14]

Omit the item. Insert instead:

[14] S ection 68 A ppeals against Board's determ inations in d isp u tes

Omit the section.

Com m encem ent

The amendment to section 67 of the Superannuation Administration Act 1996 is taken to have commenced on the date of introduction into Parliament of the Bill for this Act.

The amendments to Schedules 3 and 4 to the Superannuation Administration Act 1996are taken to have commenced on 1 July 1996 (the date of commencement of that Act).

Application to pending d isputes

The amendment to section 67 of the Superannuation Administration Act 1996 does not affect any dispute the subject of consideration by the SAS Trustee Corporation before the date of introduction into Parliament of the Bill for this Act.

Validation

Any payment purporting to have been made under section 69 of the Public Sector Executives Superannuation Act 1989 between 1 July 1996 and the date of assent to this Act is validated.

Explanatory note

Item [1 ] of the proposed amendments amends section 67 (Determination of disputes) of the Superannuation Administration Act 1996 so a s to provide that the SAS Trustee Corporation (the STC) may not determine a dispute under the Police Regulation (Superannuation) Act 1906 relating to whether a member of the Police Service was hurt on duty. This restores the position relating to dispute resolution that existed before the commencement of the Superannuation Administration Act 1996. (See section 43 (2) of the Superannuation Administration Act 1997.)

Item [2] provides for references to certain assets of the Superannuation Investment and Management Corporation to be construed as references to the statutory bodies to which those assets have been transferred and clarifies the application of the provision.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

Items [3] and [4] provide for certain contracts for performance of services entered into by that Corporation to be taken to be entered into by the appropriate bodies replacing the Corporation, after the commencement of the Superannuation Administration Act 1996. The amendments adjust the previous provision to reflect the actual transfer of assets, rights and liabilities to Axiom Funds Management Corporation.

Items [5] and [6] correct incorporating directions.

1.24	Threatened Species Conservation Act 1995 No 101
[1]	Section 35 Scientific Committee to review status of provisionally listed species
Omit “ , population or ecological community” from section 35 (l).
[2 ]	Section 50 Public authorities to have regard to critical habitat
Omit “(whether or not a map of the critical habitat is published at the same time)”.
[3 ]	Section 53 Map of critical habitat to be prepared and published
Omit “On or as soon as practicable after” from section 53 (1). Insert “Before”.
Section 53 (1)
Omit “as so declared”. Insert instead “proposed to be declared”.
Commencement
The amendments to the Threatened Species Conservation Act 1995 are taken to have commenced on 1 January 1996 (the date of commencement of that Act, except section 155 (2)).
Explanatory note Provisional listing of sp ec ies
Division 4 of Part 2 of the Threatened Species Conservation Act 1995 provides for the provisional listing of endangered species in Schedule 1 (Endangered species, populations and ecological communities) on an emergency basis. However, section 35, which deals with the review of the status of provisionally listed species refers to the “provisionally listed species, population or ecological community”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 1

Minor amendments

Item [1] of the proposed amendments omits the superfluous words.

the publication of the declaration, so that the map and the declaration can be published concurrently. Item [2] makes a consequential amendment to section 50.

Critical habitat

Part 3 of the Threatened Species Conservation Act 1995 makes the

Director-General of National Parks and Wildlife responsible for identifying habitat

that is critical to the survival of endangered species, populations and ecological

communities (being those species, populations and ecological communities listed

in Schedule 1 to the Act). The Director-General is responsible for recommending

to the Minister that the habitat so identified be declared critical habitat, by

notification published in the Gazette.

Items [3] and [4] of the proposed amendments remove an anomaly in section 53,

which requires a map of a critical habitat to be prepared and published. At

present, section 53 (2) requires the copy of the map to be published in the

Gazette at the same time as the declaration of the critical habitat is published.

Section 53(1) states that the Director-General is to arrange for the preparation of

the map on or after the publication of the declaration.

1.25

Trans-Tasman Mutual Recognition (New South Wales)

Act 1996 No 102

[ 1 ]

Schedule Trans-Tasman Mutual Recognition Bill 1996 (Cwth)

Omit “However, if” from subsection 45 (5). Insert instead:

However:

(a)	if such a regulation relates solely to one or more laws specified or described in Schedule 3 and will not take effect within 5 years after the commencement of section 48, the regulation may be made if at least two-thirds of the then participating jurisdictions have endorsed the regulation; or
(b)	if

[ 2 ] Schedule, subsection 48 (4)

Insert “for the purposes of subsection (2) or (6)” after “Schedule 3”.

[ 3 ] Schedule, subsection 48 (5)

Omit “all”. Insert instead “at least two-thirds”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments

Schedule 1

[4] Schedule, paragraph 48 (6 ) (a)

Omit the paragraph.

[5] Schedule, subsection 48 (6)

Omit “However:” and “(b) if”. Insert instead “However, if”.

Explanatory note

The proposed amendments bring the Act into line with the 1996 Trans-Tasman Mutual Recognition Arrangement. The Arrangement provides a number of different types of exemptions from the mutual recognition scheme, including permanent exemptions and special exemptions (which operate no longer than 12 months after the commencement of section 48, unless extended for 12 months at a time).

The result of the proposed amendments will be to ensure that, when special exemptions are proposed to be extended, removed or made permanent in the limited circumstances contemplated by the Act, the endorsement of two-thirds of the participating jurisdictions is needed (instead of unanimous endorsement). The proposed amendments achieve this result by means of item [ l ] in the case of conversion to permanent exemptions, and by m eans of items [3] and [4] in the case of extensions and removals. Item [5] is a consequential amendment. Item [2] removes the possibility that a new special exemption can be added by regulation during the 12 months after the commencement of section 48.

1.26	Water Act 1912 N o 44
Section 20AB Issue of new entitlements
Insert “or under the Irrigation Corporations Act 1994 after “Part” in section 20AB (1).
Explanatory note
Division 4B of Part 2 of the Water Act 1912 provides for the establishment of volumetric water allocation schemes. Section 20W of the Act empowers the Water Administration Ministerial Corporation to make an order declaring that any water source, and all of the entitlements (such as permits or licences) which authorise the taking of water from the water source, are subject to a volumetric water allocation scheme prepared under section 20X. One aspect of such a scheme is that a condition is attached to each entitlement, setting out the maximum quantity of water (determined in respect of the entitlement) that can be taken from the water source during any year. This is defined a s a water allocation.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 NO 121

Schedule 1

Minor amendments

Irrigation corporation licences are issued under the lrrigation Corporations Act 1994. Those licences are treated as entitlements for the purposes of Division 4B of Part 2 of the Water Act 1912 and can therefore participate in a new volumetric water allocation scheme, and be assigned a water allocation when a new scheme is prepared.

However, when a water allocation scheme is already in force in respect of a water source, the provisions of the Water Act 1912 do not operate to require the Ministerial Corporation to assign a water allocation to a new irrigation corporation licence so a s to authorise the taking of water from that water source. An allocation can only be made in those circumstances if the Ministerial Corporation (in its discretion) makes an order for the modification of an existing scheme.

The proposed amendment corrects this, so that the Ministerial Corporation will be required to impose a condition relating to water allocation in respect of a new irrigation corporation licence (as it does in respect of other entitlements). This will allow irrigation corporations to participate in volumetric water allocation schemes (regulated by Division 4B of Part 2 of the Water Act 1912) a s well as in the transfer of water allocations (regulated by Division 4C of Part 2 ) .

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Amendments by way of statute law revision

Schedule 2

Schedule 2

Amendments by way of statute law

revision

(Section 3)

2 .1	Associations Incorporation Act 1 9 8 4 No 1 4 3
Section 49 Effect of transfer of incorporation
Omit “Code” wherever occurring in section 49 (3) (a) and (b). Insert instead “Law”.
Explanatory note
The proposed amendment corrects incorrect references to the Corporations Law.
2 .2	Attachment of Wages Limitation Act 1957 No 2 8
Schedule
Omit “Greyhound Racing Control Board.”. Insert instead “Greyhound Racing Authority (NSW).”.
Explanatory note
The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)
2.3	Bookmakers (Taxation) Act 1917 No 1 5
[ 1 ]	Section 2 Definitions
Omit “Greyhound Racing Control Board” from the definition of *Registration authority.* Insert instead “Greyhound Racing Authority (NSW)”.

statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 2

Amendments by way of statute law revision

[2] Section 35 Constitution of Committee

Omit “The Secretary, Greyhound Racing Control Board” from

section 35 (1).

Insert instead “The chief executive, Greyhound Racing Authority

(NSW)”.

[3 ] Section 37 Minister may furnish information

Omit “Greyhound Racing Control Board”.

Insert instead “Greyhound Racing Authority (NSW)”.

Explanatory note

The proposed amendments update references to a statutory authority and statutory office. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6. The title of its Secretary is also changed to chief executive.)

2.4	B usiness Franchise Licences (Petroleum Products) Act 1987 No 94
[ 1 ]	Section 21 Chief Commissioner
Omit “Secretary of the Department of Finance” from section 21 (3). Insert instead “Executive Director, Office of State Revenue”.
[2]	Section 22 Deputy Chief Commissioner
Omit “Deputy Secretary of the Department of Finance” from section 22 (2). Insert instead “Director, Revenue Advisory Services, Office of State Revenue,”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Amendments by way of statute law revision

Schedule 2

[3 ] Sections 23 (1 ) and 24, Schedule 1 , clause 7 and Schedule 3, clause 2 (2)

Omit “Public Service Act 1979” wherever occurring. Insert instead “Public Sector Management Act 1988”.

Explanatory note

The proposed amendments update references to certain office holders and to a repealed Act. (The Administrative Changes (State Revenue) Order 1994 provides for the construction of references to the secretary and Deputy Secretary of the former Department of Finance.)

2 .5	B usiness Licences Act 1990 No 72
Section 40 Director of B usiness Licences
Omit “Managing Director of Business and Consumer Affairs” from section 40 (1). Insert instead “Director-General of the Department of Fair Trading”.
[2 ]	Section 40 (2)
Insert “(as Director of Business Licences)” after “functions”.
Explanatory note
The proposed amendments update a reference to a statutory office and make a consequential amendment. (The Administrative Changes (Commissioner for Consumer Affairs) Order 1991 and the Public Sector Management— Administrative Changes (Fair Trading) Order 1995 provide for references to the Managing Director of Business and Consumer Affairs to be construed in this way.)
2 .6	Community Land Development Act 1989 No 201
[ 1 ]	Section 3 Definitions
Omit the definition of *Com m issioner* from section 3 (1).

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 2

Amendments by way of statute law revision

[2 ] Section 40 Recording of certain orders

Omit “Commissioner” from section 40 (5) (a).

Insert instead “Director-General of the Department of Fair Trading”.

Explanatory note

Item [1 ] of the proposed amendments omits a redundant definition. reference in any document to the Community Schemes Commissioner to be construed a s a reference to the Director-General of the Department of Fair Trading.)

Item [2] updates a reference to a redundant office. (The Public Sector

2.7	Conveyancing Act 1919 No 6
Section 163E Initial unsoundness of mind
Omit “was given” from section 163E (5) (a) (i). Insert instead “gave”.
Explanatory note
The proposed amendment corrects a grammatical error.
2.8	Dog Act 1966 No 2
Section 5 Liability of owners of d ogs
Omit “Greyhound Racing Control Board constituted under Part 4A of the Gaming and Betting Act 1912” from section 5 (2) (a). Insert instead “Greyhound Racing Authority (NSW)”.
Explanatory note
The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Amendments by way of statute law revision

Schedule 2

2.9

Environmental Planning and A ssessm ent Act 1979

No 203

Schedule 6 Savings, transitional and other provisions

Omit “section 26 (g)” from clause 5.

Insert instead “section 26 (1) (g)”.

Explanatory note

The proposed amendment corrects a cross-reference.

2.10

Environmental Planning and Assessm ent Amendment

Act 1996 No 44

Schedule 10 Amendments for the purpose of statute law revision

Omit Schedule 10 [2]. Insert instead:

[2]

S e c tio n 26 C ontents of environm ental p lann ing instrum ents

Omit section 26 (1) (g). Insert instead:.

(g)	controlling advertising,

Explanatory note

The proposed amendment corrects an incorporation direction.

2.11	Environmentally Hazardous Chemicals Act 1985 No 14
Schedule 1 Provisions relating to the Committee
Omit clause 2 (h). Insert instead:

(h)	one shall be an officer of the Department of Fair Trading for the time being nominated by the Minister for Fair Trading,

Explanatory note

The proposed amendment updates a reference to a Department and a Minister. (The Public Sector Management—Administrative Changes (Fair Trading) Order 1995 provides for a reference in any document to the Department of Consumer Affairs to be construed as a reference to the Department of Fair Trading.)

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 2

Amendments by way of statute law revision

2.12

Financial Institutions (Miscellaneous Amendments) Act

1996 No 24

Schedule 1 Amendments

Omit Schedule 1.85 [2] and [3]. Insert instead:

[2] Clause 16 (1) (c)

Insert

building society or credit union” after “bank”.

[3] Clause 16 (1) (d) and (h) occurring.

Explanatory note

The proposed amendment corrects incorporation directions.

2.13

First State Superannuation Act 1992 No 100

Schedule 1 Employers

Omit “Greyhound Racing Control Board” from Part 1.

Insert instead “Greyhound Racing Authority (NSW)”.

Explanatory note

The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

2.14

Gaming and Betting Act 1912 No 25

Section 57F Certain persons prohibited from entering racecourses

Omit “Greyhound Racing Control Board” from the definition of

racing authority in section 57F (3).

Insert instead “Greyhound Racing Authority (NSW)”.

Explanatory note

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Amendments by way of statute law revision

Schedule 2

2.15	Government and Related Employees Appeal Tribunal Act 1980 No 39
Schedule 4 Employing authorities
Omit “Greyhound Racing Control Board.”. Insert instead “Greyhound Racing Authority (NSW).”.
Explanatory note
The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)
2.16	Lotteries and Art Unions Act 1901 No 34
Section 4D Sweepstakes in relation to the Melbourne Cup and other events
Omit “Greyhound Racing Control Board Act 1985” from paragraph (f) of the definition of *prescribed organisation* in section 4D (1). Insert instead “Greyhound Racing Authority Act 1985”.
Explanatory note
The proposed amendment updates a reference to an Act. (The name of the Greyhound Racing Control Act 1985 is to be changed to the Greyhound Racing Authority Act 1985 by amendments made by Schedule 1.6.)
2.17	Motor Dealers Act 1974 No 5 2
[1]	Long title
Omit “Commissioner for Consumer Affairs”. Insert instead “Director-General of the Department of Fair Trading”.
[2 ]	Section 11 Investigation of application
Omit “Commissioner for Consumer Affairs” wherever occurring in section 11 (2). Insert instead “Director-General of the Department of Fair Trading”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 2

Amendments by way of statute law revision

Explanatory note

The proposed amendments update references to a redundant statutory office. (The Public Sector Management—Administrative Changes (Fair Trading) Order 1995 provides for a reference in any document to the Department of Consumer Affairs or the Commissioner for Consumer Affairs to be construed a s a reference to the Department of Fair Trading or to the Director-General of the Department of Fair Trading, respectively.)

2 .1 8

New South Wales Retirement Benefits Act 1 9 7 2 No 7 0

Schedule 2

Omit the matter relating to the Greyhound Racing Control Board

from the First and Second Columns.

Insert instead:

Greyhound Racing Authority	All persons employed by the
(NSW)	Authority

Explanatory note

2 .1 9

Prisons Amendment Act 1 9 9 6 No 2 5

[1 ]

Schedule 5 Amendment of Prisons Act 1952 relating to penal terminology

Omit Schedule 5 [87]. Insert instead:

[8 7 ] S e c tio n 37A (4) a n d (5)

Omit “prison officer”, “a prisoner”, “the prisoner”, “prisoners”,

“at a prison” and “from a prison” wherever occurring.

Insert instead “correctional officer”, “an inmate”, “the inmate”,

“inmates”, “at a correctional centre” and “from a correctional

centre” respectively.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Amendments by way of statute law revision

Schedule 2

[2] Schedule 5 [105]

Omit the item. Insert instead:

[1 0 5 ] S ec tio n 45A (2)

Omit “governor of a prison”, “prison or prison complex”, “prisons and prison complexes”, “prisoners” and “prisoner” wherever occurring.

Insert instead “governor of a correctional centre”, “correctional centre or correctional complex”, “correctional centres and correctional complexes”, “inmates” and “inmate” respectively.

[3 ] Schedule 5 [115]

Omit the item. Insert instead:

[1 1 5 ] S ec tio n 5 0 (1 ) (n ) a n d ( o )

occurring.

Omit “prison officers” and “prison or prison complex” wherever correctional complex” respectively.

Explanatory notes

The proposed amendments correct incorporating directions.

2.20	Public Authorities Superannuation Act 1985 No 41
Schedule 3 Employers
Omit “The Greyhound Racing Control Board.” from Part 2. Insert instead “The Greyhound Racing Authority (NSW).”.
Explanatory note
The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 2

Amendments by way of statute law revision

2.21	Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit “Greyhound Racing Control Board.”. Insert instead “Greyhound Racing Authority (NSW).”.
Explanatory note
The proposed amendment updates a reference to a statutory authority. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6.)
2.22	Public Sector Executives Superannuation Act 1989 No 106
[ 1 ]	Section 3 Definitions
Omit the definition of *Management Account* from section 3 (1).
[2]	Sections 22 (3) (a) and 69 (1)
Omit “the Board” wherever occurring. Insert instead “FTC”.
[ 3 ]	Section 59 Limits on liability of FTC and associated persons
Omit “section 9 or 10” from section 59 (5) (d). Insert instead “section 12 of the Superannuation Administration Act 1996”.
Explanatory note
Item [1] of the proposed amendments omits a redundant definition. Item [2] updates references to a statutory authority. Item [3] updates a cross-reference.
2.23	Public Sector Management Act 1988 No 33
[1 ]	Schedule 3 Declared authorities
Omit “Greyhound Racing Control Board.”. Insert instead “Greyhound Racing Authority (NSW).

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Amendments by way of statute law revision

Schedule 2

[2 ] Schedule 3A Chief executive positions

Omit “Secretary of the Greyhound Racing Control Board” from

Part

3 .

Insert instead “chief executive of the Greyhound Racing Authority

(NSW)”.

Explanatory note

The proposed amendments update references to a statutory authority and a statutory office. (The name of the Greyhound Racing Control Board is to be changed to the Greyhound Racing Authority (NSW) by amendments made by Schedule 1.6. The title of its Secretary is also changed to chief executive.)

2.24	Rural Workers Accommodation Act 1969 No 3 4
[1 ]	The whole Act (except section 3)
occurring.
Omit “Director-General” or “Director-General's'' wherever respectively.
[2 ]	Section 3 Definitions
Omit “Director-General” from the definition of *approved* in section
3 (1).
Insert instead “General Manager”.
[3 ]	Section 3 (1) definition of “Director-General”
Omit the definition. Insert instead in alphabetical order:

General Manager means the General Manager of the

WorkCover Authority.

Explanatory note

The proposed amendments replace references to an office. (That reference was wrongly substituted by the Statute Law (Miscellaneous Provisions) Act 1996.)

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 2

Amendments by way of statute law revision

2.25

Statute Law (M iscellan eou s P rov ision s) A ct 1996 N o 3 0

[1 ]

Schedule 3 Amendments replacing gender-specific language

Omit “Chairman” from Schedule 3.31 [14].

Insert instead “chairman”.

[2 ]

Schedule 3.31 [16]

Omit the item. Insert instead:

[1 6 ] S e c t io n 1 9

Omit “he” wherever occurring. Insert instead “the person”

[ 3 ]

Schedule 3.36 [2A]

Insert after Schedule 3.36 [2]:

[2A] S e c t io n s 6 (2) (a) a n d 6 B (1 ) (a )

Omit “he” wherever occurring. Insert instead “the Secretary”

[4 ]

Schedule 3.36 [5]

Omit the item. Insert instead:

[5]

S e c t io n s 6 (4) (b ) a n d (5A) a n d 6 B (5)

Omit “he” wherever occurring. Insert instead “the respondent”.

[5 ]

Schedule 3.36 [8], [9]

Omit Schedule 3.36 [8]. Insert instead:

[8]

S e c t io n 6A (1A) (a)

Omit “he” where firstly occurring. Insert instead “the Secretary”.

[9 ]

S e c t io n 6A (1A)

Omit “he” where secondly, thirdly, fourthly and fifthly occurring.

Insert instead “that person”.

Explanatory note

The proposed amendments correct incorporation directions made when gender-specific language was removed from certain Acts.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

[5] Sections 5 (4) and 5A (3) (b)

Omit “industrial organisation registered under the Industrial

Relations Act 1991” wherever occurring.

Insert instead “industrial organisation within the meaning of the

Industrial Relations Act 1996”.

[6] Section 6 Savings as to powers etc

Omit “, or any member thereof, or on a conciliation committee by or

under the Industrial Relations Act 1 9 9 1 ” .

Insert instead “by or under the Industrial Relations Act 1996”.

[7] Section 6

Omit “or any member thereof or a conciliation committee” from the proviso to the section.

[8] Section 6

Omit “or industrial agreement” from the proviso to the section.

[9] Sections 11 (1) (b) and 12 (2)

Omit “registered under the Industrial Relations Act 1991” wherever

occumng.

Insert instead “within the meaning of the Industrial Relations Act

1996”.

[10] Sections 12 (1) and 14 (c)

Omit “Industrial Court” wherever occumng.

Insert instead “Industrial Relations Commission in Court Session”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments consequent on enactment of Industrial Relations Act 1996

Schedule 4

Long Service Leave (Metalliferous Mining Industry) Act

1963 No 48

Section 3 Definitions

Omit “an agreement” from the definition of agreement in section

3 (1).

Insert instead “an enterprise agreement”.

Section 3 (1) definitions of “agreement”, “award” and

“inspector” and sections 3 (3), 5 (1) (b) and 14

Omit “Industrial Relations Act 199V wherever oeeurring.

Insert instead “Industrial Relations Act 1996”.

Section 4 Long service leave

Omit “an award or agreement in force under the Industrial Relations Act 1991” from paragraph (i) of the definition of service as an adult in section 4 (2) (b).

Insert instead “a State industrial instrument”.

Section 4 (11) (a) (i)

Omit “or by an award under Division 8 of Part 2 of Chapter 2 (Sick leave) of the Industrial Relations Act 1991”.

Insert instead “or by any obligation in relation to siek leave imposed

on the employer by an award within the meaning of the Industrial

Relations Act 1996”.

Sections 5 (2) (d) (ii) and 5A (3) (b)

Relations Act 1991” wherever occurring.

Omit “industrial organisation registered under the Industrial meaning of the Industrial Relations Act 1996”.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

Section 6 Savings as to powers etc

Omit “, or any member thereof, or on a conciliation committee by or

under the Industrial Relations Act 1991”.

Insert instead “‘by or under the Industrial Relations Act 1996”.

Section 6

Omit “or any member thereof or a conciliation committee” from the proviso to the section.

Section 6

Omit “or industrial agreement” from the proviso to the section.

Sections 11 (1) (b) and 12 (2)

Omit “registered under the Industrial Relations Act 1991” wherever

occurring.

Insert instead “within the meaning of the Industrial Relations Act

1996”.

Sections 12 (1) and 14 (c)

Omit “Industrial Court” wherever occurring.

Insert instead “Industrial Relations Commission in Court Session”.

Ombudsman Act 1974 No 68

Schedule 1 Excluded conduct of public authorities

Omit “Industrial Commission of New South Wales” from item 3 (a). Insert instead “Industrial Relations Commission of New South Wales”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments consequent on enactment of Industrial Relations Act 1996

Schedule 4

4 .3 9	Police Department (Transit Police) Act 1 9 8 9 No 58
[ 1 ]	Section 20 Conditions of employment
Omit section 20 (5).
[2]	Section 31 Eligibility for appointment to Public Service
Omit “Industrial Arbitration Act 1940” from section 31 (2). Insert instead “Industrial Relations Act 1996”.
[3]	Section 33 Attachment of remuneration
Omit section 33 (5). Insert instead:

(5)	The amount which, by virtue of subsection (4), is to be ascertained in accordance with this subsection must be ascertained by deducting $8 from the basic wage in force under clause 15 of Schedule 4 to the Industrial Relations Act 1996 before the deduction under subsection (3) is made.

4 .4 0	Police Service Act 1 9 9 0 No 4 7
[ 1 ]	Sections 44 (2), 87 (2), 89 (1) and 218
Omit “Industrial Relations Act *1991”* wherever occurring.
Insert instead “Industrial Relations Act 1996”.
[2]	Section 86 Commissioner may enter into agreements
Omit “section 349 of the Industrial Relations Act 1991” from section 86 (2). Insert instead “section 405 of the Industrial Relations Act 1996”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

[ 3 ] Section 181B Dismissal of police officers-information arising out of Police Royal Commission

Omit “(Industrial Relations Act 1991 not affected)” from section

181B (5).

Insert instead “(Industrial Relations Act 1996 not affected)”.

[4] Section 181B (5)

Omit ‘‘Part 8 (Unfair Dismissals) of Chapter 3 of the Industrial

Relations Act 1991”.

Insert instead “Part 6 (Unfair dismissals) of Chapter 2 of the

Industrial Relations Act 1996”.

[ 5 ] Section 189 President of Police Tribunal and Deputy President

Omit section 189 (4) (b). Insert instead:

(b)	a judicial member of the Industrial Relations Commission nominated by the President of that Commission, or

[ 6 ] Section 489 (8)

Omit “Chief Judge of the Industrial Court”.

Insert instead “President of the Industrial Relations Commission”

4.41

Public Sector Executives Superannuation Act 1989

No 10 6

Section 68 Appeals against FTC's determinations in disputes

Omit “Industrial Commission” wherever occumng.

Insert instead “Industrial Relations Commission in Court Session”.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Minor amendments consequent on enactment of industrial Relations Act 1996

Schedule 4

4.42	Public Sector Management Act 1988 No 33
[1]	Schedule 5 Extended leave for officers etc of Public Service
Omit “Industrial Arbitration Act 1940” from clause 1 (5) (a) (ii). Insert instead “Industrial Relations Act 1996”.
[2]	Schedule 5, clause 1 (5) (b)
Insert “or enterprise agreement” after “industrial agreement”.
[3]	Schedule 6 Attachment of wages or salary of officers etc of Public Service
Omit clause 2 (5). Insert instead:

(5)	The amount that is to be ascertained in accordance with this subclause is to be ascertained by deducting $8 from the basic wage in force under clause 15 of Schedule 4 to the Industrial Relations Act 1996 immediately before the deduction under subclause (3) is made.

4.43	Racing Appeals Tribunal Act 1983 No 199 Section 4 Definitions
Omit “Industrial Commission of New South Wales” from the definition of *court* in section 4 (1). Insert instead “Industrial Relations Commission of New South Wales”.
4.44	Restraints of Trade Act 1976 No 67 Section 3 Application of Act
Omit section 3 (3) (a). Insert instead:

(a)	section 304 of the Industrial Relations Act 1996,

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

4.45	Rural Lands Protection Act 1989 No 197
Section 22 District veterinarians (cf Act N o 35, 1934, s 21)
Omit “Industrial Relations Act 1991” from section 22 (12). Insert instead “Industrial Relations Act 1996”.
4.46	Rural Workers Accommodation Act 1969 No 34
Section 17 Proceedings
Omit “secretary of an industrial union of employers or employees registered under the Industrial Arbitration Act 1940” from section 17 (3) (b).
Insert instead “secretary of an industrial organisation within the meaning of the Industrial Relations Act 1996”.
4.47	Special Commissions of Inquiry Act 1983 No 90
Section 3 Definitions
Omit “Industrial Commission of New South Wales” from paragraph (b) of the definition of *Judge* in section 3 (1). Insert instead “Industrial Relations Commission of New South Wales”.
4.48	State Emergency and Rescue Management Act 1989 No 165
Section 60A Definitions
Omit “Industrial Relations Act 1991” from section 60A (2) wherever occurring. Insert instead “Industrial Relations Act 1996”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments consequent on enactment of Industrial Relations Act 1996

Schedule 4

4.49	State Owned Corporations Act 1989 No 134
Schedule 4 Provisions relating to certain staff
Omit “Industrial Arbitration Act 1940” from clause 5 (2). Insert instead “Industrial Relations Act 1996”.
4.50	State Sports Centre Trust Act 1984 No 6 8
Section 9 Power to appoint staff etc
Omit “award or industrial agreement in force under the Industrial Arbitration Act 1940” from section 9 (4). Insert instead “State industrial instrument”.
4.51	Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
[ 1 ]	Section 4 Definitions
Omit the definition of *wages decision* from section 4 (1). Insert instead:

wages decision means a decision made by the Industrial Relations Commission under Part 3 of Chapter 2 of the Industrial Relations Act 1996 of:

(a)	the amount, or
(b)	the method by which an amount may be determined,

by which the rates of wages in awards under that Act will be varied following a National decision or State decision under that Part.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

[ 2 ] Section 20 Operation of determinations

Omit “lndustrial Arbitration Act 1940” from section 20 (4) (c).

Insert instead “Industrial Relations Act 1996” .

4 .5 2

Suitors' Fund Act 1951 No 3

Section 6 Costs of certain appeals

Omit “Industrial Commission of New South Wales” wherever

occurring in section 6 (1A) and (5).

Insert instead “Industrial Relations Commission of New South

Wales”.

4 .5 3

Superannuation Act 1916 No 28

Section 3 Definitions

Omit “Industrial Commission of New South Wales” from the

definition of employee in section 3 (1).

Insert instead “Industrial Relations Commission of New South

Wales”.

4 .5 4

Superannuation Administration Act 1996 N o 39

Schedule 3 Savings and transitional provisions

Omit clause 19 (2).

4 .5 5

Supreme Court Act 1970 No 52

Section 37 Acting Judges

Insert “or of the Industrial Relations Commission” after ‘‘Industrial

Commission” in section 37 (4).

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments consequent on enactment of industrial Relations Act 1996

Schedule 4

4.56	Sydney Turf Club Act 1943 No 22 Section 11 Insurance, and payments out of funds
Omit “Truck Act of 1900 and of section 92 of the Industrial Arbitration Act 1940” from section 11 (4). Insert instead “section 117 of the Industrial Relations Act 1996”.
4.57	Teacher Housing Authority Act 1975 No 27 Section 7 Appointment etc of members
Omit “or recognised under the Industrial Relations Act 1991” from section 7 (2) (c). Insert instead “under the Industrial Relations Act 1996”.
4.58	Teaching Services Act 1980 No 23
[1]	Section 4 Definitions
Omit “has the meaning ascribed to that expression by section 5 (1) of the Industrial Arbitration Act 1940” from the definition of *industrial matters* in section 4 (1).
Insert instead “has the same meaning as in the Industrial Relations Act 1996”.
[2]	Sections 5 and 79 (4)
Omit “Industrial Arbitration Act 1940” wherever occurring. Insert instead “Industrial Relations Act 1996”.
[3]	Section 28 Exercise of Secretary's functions in relation to industrial disputes
Omit “(whether or not the dispute is a question, dispute or difficulty of the nature referred to in section 25 (1) (a), (b) or (c) of the Industrial Arbitration Act 1940)”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

[4] Section 28

Omit “Industrial Arbitration Act 1940” where secondly and thirdly

occurring.

Insert instead “Industrial Relations Act 1996”.

4.59

Technical and Further Education Commission Act 1990

No 118

Sections 16 (2) and 19 (1) and clause 10 (2) of Schedule 4

Omit “Industrial Arbitration Act 1940” wherever occurring.

Insert instead “Industrial Relations Act 1996”.

4.60

Transport Administration Act 1988 No 109

[1] Schedule 5 Extended leave for staff of each authority

Omit “Industrial Relations Act 1991” from clause 3 (5) (a) (ii).

Insert instead “Industrial Relations Act 1996”

[2] Schedule 5

Insert “or enterprise agreement” after “industrial agreement” in clause 3 (5) (b).

[3] Schedule 5

Insert “, enterprise agreement” after “industrial agreement” in clause 3 (5) (b).

4.61	Transport Appeal Boards Act 1980 No 104
Schedule 1 Members of a Board
Omit “industrial union of employees registered as such under the Industrial Arbitration Act 1940” from the definition of *industrial union* in clause 3.
Insert instead “industrial organisation of employees within the meaning of the Industrial Relations Act 1996”.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Minor amendments consequent on enactment of Industrial Relations Act 1996

Schedule 4

4.62	Water Supply Authorities Act 1987 No 140 Schedule 5 Provisions relating to the members of an authority
Omit “industrial union registered as such under the Industrial
Arbitration A c t 1940” from clause 2 (5) (c).
Insert instead “industrial organisation of employees within the meaning of the Industrial Relations A c t 1996”.
4.63	Workers Compensation Act 1987 No 7 0
[1]	Section 42 Current weekly wage rate (cf former s 9 (8)-(13))
Insert after paragraph (d) of the definition of aw ard in section 42 (8):

(e)	(without limiting the above) includes a State industrial instrument,

[2] Section 42 (8) definition of “award”

Insert “or instrument” after “or other agreement” .

[3] Section 43 Computation of average weekly earnings (cf former s 14)

Omit “basic wage for adult males or adult females, as the case may require, being the basic wage in force, within the meaning of Part 5 of the Industrial Arbitration A c t 1940” from the definition of basic

wage in section 43 (3).

Insert instead “basic wage in force under clause 15 of Schedule 4 to the Industrial Relations A ct 1996” .

[4] Section 43A Suitable employment

Omit “Part 7 of Chapter 3 of the Industrial Relations A c t 1991”

from section 43A (4) (b).

Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act

1996”.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Schedule 4

Minor amendments consequent on enactment of Industrial Relations Act 1996

[5] Section 161 Inspection of policies (cf former s 18A)

Omit “section 733 of the Industrial Relations Act 1991” from the

definition of representative in section 161 (5).

Insert instead “Part 7 of Chapter 5 of the Industrial Relations Act

1996”.

[6] Section 161 (5) definition of “union”

Omit “registered or recognised as such under Chapter 5 of the

Industrial Relations Act 1991”.

Insert instead “within the meaning of the Industrial Relations Act

1996”.

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Amendment transferring provisions

Schedule 5

Schedule 5

Amendment transferring provisions

(Section 3)

Pay-roll Tax Act 1971 No 22

Schedule 6 Savings, transitional and other provisions

Insert after clause 1:

Part 1A

Provision consequent on the enactment of

the Pay-roll Tax (Amendment) Act 1988

1A Application of certain amendments to adjustment of

pay-roll tax

(1)	Sections 11B, 11C, 16K and 16L, and clauses 5 and 6 of Schedule 1, as in force immediately before 1 July 1989, continue to have effect in relation to the adjustment of pay-roll tax for the financial year commencing on 1 July 1988, and earlier financial years, as if the amendments made by Schedule 3 to the amending Act had not been enacted.
(2)	This clause is taken to have commenced on 1 July 1989.
(3)	Subclause (1) re-enacts (with minor modifications) section 4 (2) of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4)	In this clause, *amending Act* means the Pay-roll Tax (Amendment) Act 1988.

Part 1 B

Provision consequent on the enactment of

the Pay-roll Tax (Amendment) Act 1989

1B Application of certain amendments to taxable wages comprising fringe benefits

(1)	Without affecting the liability of an employer to pay-roll tax, an employer is not required to specify taxable wages, comprising fringe benefits, in a return relating to the month of January, February or March 1990.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 5

Amendment transferring provisions

(2)

The taxable wages, comprising fringe benefits, to be specified in a return relating to the month of April, May or June 1990 are to be determined in accordance with this clause.

(3)

The amount of taxable wages, comprising fringe benefits, required to be specified in the return relating to the month of April 1990 is:

(a)	the value of the fringe benefits paid or payable by the employer during the months of January, February, March and April 1990, or
(b)	if the employer has made an election under subclause (4), the amount calculated in accordance with that subclause.

(4)

An employer who has paid or is liable to pay fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 of the Commonwealth in relation to each quarter during the year of tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth) ending on 31 March 1990 may elect to include in the return relating to the month of April 1990 as the value of the fringe benefits paid or payable by the employer during that month one-third of the fringe benefits taxable amount, or that part of that amount as, in accordance with section 6 (as in force on 1 January 1990), comprises wages liable to pay-roll tax, for that year of tax ending on 31 March 1990.

(5)

The amount of taxable wages, comprising fringe benefits, required to be specified in a return relating to the month of May or June 1990 is:

(a)	the value of the fringe benefits paid or payable by the employer during the relevant month, or
(b)	if the employer has made an election under subclause (4), one-twelfth of the fringe benefits taxable amount, or that part of that amount as, in accordance with section 6 (as in force on 1 January 1990), comprises wages liable to pay-roll tax, for the year of tax ending on 31 March 1990, unless the employer is able to satisfy the Chief

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Amendment transferring provisions

Schedule 5

Commissioner that the employer did not pay any fringe benefits during the month concerned.

An employer may not include in a return relating to the month of July 1990, or any subsequent month, as the value of fringe benefits paid or payable by the employer during that month an amount calculated in accordance with section 13A (2), as amended by the amending Act, unless the employer has made an election under that subsection which is in force under section 13A of the Act, as so amended.

This clause is taken to have commenced on 1 January

1990.

(8)	Subclauses (1)-(6) re-enact (with minor modifications) section 4 of the amending Act. Subclauses (1)-(6) are transferred provisions to which section 30A of the
*Interpretation Act 1987* applies.
In this section:
*am ending A ct* means the *Pay-roll Tax (Am endm ent)Act* *1989.*
*frin ge benefits taxable am ount* has the same meaning as
in the *Fringe Benefits Tax Assessment A ct 1986* of the Commonwealth.
*return* means a return required to be furnished under
section 13.

Explanatory note

The proposed amendment inserts in Schedule 6 (Savings, transitional and other provisions) to the Pay-roll Tax Act 1971 the substance of transitional provisions (of possible on-going effect) contained in section 4 (2) of the Pay-roll Tax (Amendment) Act 1988 and section 4 of the Pay-roll Tax (Amendment) Act 1989. The enactment of the amendment enables the repeal, by Schedule 6 to this Act, of those Acts. In accordance with section 30A of the lnterpretation Act 1987,t he transfer of the provisions does not affect the operation (if any) or meaning of the provisions.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 6

Repeals

Schedule 6

Repeals

(Section 4)

Repeal of Acts

Homing Pigeons Protection Act 1909 (1910 No l)*** Miners' Accident Relief (Repeal) Act 1916 No 46*** Miners' Accident Relief (Supplemental) Act 1928 No 13***

Miners' Accident Relief (Supplemental) Act 1953 No 36***

Coal Industry (Amendment) Act 1957 No 49**

Miners’ Accident Relief (Supplemental) Act 1962 No 31***

Miners' Accident Relief (Supplemental) Act 1966 No 15***

Tobacco Leaf Stabilization Act 1967 No 34***

Stamp Duties (Amendment) Act 1970 No 94**

Stamp Duties (Amendment) Act 1971 No 75**

Stamp Duties (Amendment) Act 1974 No 71**

Centenary Celebration (Amendment) Act 1976 No 75***

Pay-roll Tax (Amendment) Act 1976 No 86**

Pay-roll Tax (Further Amendment) Act 1977 No 134**

Pay-roll Tax (Amendment) Act 1978 No 111**

Dairy Products (Repeal) Act 1979 No 21***

Pay-roll Tax (Amendment) Act 1979 No 158**

Stock Diseases (Amendment) Act 1980 No 20**

Pay-roll Tax (Amendment) Act 1980 No 163**

Forestry (Amendment) Act 1981 No 30**

Finance (Greyhound-racing Taxation) Management (Amendment) Act 1981

No 71**

Pay-roll Tax (Amendment) Act 1981 No 99**

Pay-roll Tax (Administration) Amendment Act 1983 No 15**

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Repeals	Schedule 6
Poultry Processing (Amendment) Act 1983 No 66 Sunday Entertainment (Repeal) Act 1983 No 140* Pay-roll Tax (Amendment) Act 1983 No 147**
Pay-roll Tax (Amendment) Act 1984 No 136 Pay-roll Tax (Amendment) Act 1985 No 175 Pay-roll Tax (Amendment) Act 1986 No 89**
Pay-roll Tax (Further Amendment) Act 1986 No 163**

Stamp Duties (Share Transfer) Amendment Act 1986 No 168**

Stamp Duties (Information Disclosure) Amendment Act 1987 No 87**

Pay-roll Tax (Information Disclosure) Amendment Act 1987 No 89**

Prickly Pear Act 1987 No 202***

Miscellaneous Acts (Children's Court and Criminal Proceedings)

Amendment Act 1987 No 273**

Housing (Validation of Resumptions) Act 1988 No 24***

Pay-roll Tax (Amendment) Act 1988 No 100*

Superannuation (Amendment) Act 1988 No 133**

Children (Criminal Proceedings) Amendment Act 1989 No 75**

Stamp Duties (Amendment) Act 1989 No 113**

Courts Legislation (Procedure) Amendment Act 1989 No 169**

Pay-roll Tax (Amendment) Act 1989 No 221 *

Pay-roll Tax (Amendment) Act 1990 No 65**

Trustee Companies (Amendment) Act 1990 No 98**

Superannuation

Legislation

(Superannuation

Guarantee

Charge)

Amendment Act 1992 No 102**

Co-operatives (Amendment) Act 1992 No 107**

Superannuation Legislation (Miscellaneous Amendments) Act 1993

No 42**

Workers Compensation Legislation (Miscellaneous Amendments) Act 1994

No 6**

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 6

Repeals

Workers Compensation Legislation (Amendment) Act 1994 No 10**

Property, Stock and Business Agents (Amendment) Act 1994 No 20**

Co-operatives Amendment Act 1995 No 41**

Stock Diseases Amendment Act 1995 No 46**

Veterinary Surgeons Amendment Act 1995 No 48**

Parliamentary Electorates and Elections Amendment (Method of Voting) Act

1995 No 54**

N otes

*	indicates repeal of an Act whose savings, transitional or other provisions of on-going effect are transferred to, or re-enacted in, the Principal Act (by Schedule 5 to this Act)
**	indicates repeal of an 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 an 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) of the lnterpretation Act 1987ensures that, when an amending Act is repealed, no amendment made by the Act is affected. Section 30 (2) also ensures that the following matters are not affected:

(a)	the proof of any past act or thing,
(b)	any right, privilege, obligation or liability saved by the operation of the Act,
(c)	any validation made by the Act,
(d)	the operation of any savings or transitional provision contained in the Act.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

General savings, transitional and other provisions

Schedule 7

S c h e d u l e 7

G e n e r a l s a v i n g s , t r a n s i t i o n a l a n d

o t h e r

p r o v i s i o n s

(Section 5)

1 Effect of amendment of amending provisions

(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
(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 errors (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.

2 Effect of amendment or repeal on acts done or decisions made

Except where it is expressly provided to the contrary, if this Act:

(a)	amends a provision of an Act or regulation, or
(b)	repeals and re-enacts (with or without modification) a provision of an Act or regulation,

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Schedule 7

General savings, transitional and other provisions

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.

unless expressly otherwise provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

Explanatory note

Amendments removing gender-specific language

The amendments made to an Act by Schedule 3 are made for the purposes of replacing gender-specific language with gender-neutral language. The amendments contained in that Schedule do not affect the construction or meaning of any Act.

of removing gender-specific language from an Act do not have any unintended consequences. A similar provision to clause 3 is included in the Reprints Act 1972 (section 11).

Explanatory note

Regulations

(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 any authority of the State), the rights of that person existing before the date of its publication, or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Explanatory note nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the Act.

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Notes

Index of Acts and regulations amended by Schedules 1, 2 , 3 ,

4 and 5

Aberdare County Council (Dissolution) Act 1982 No 74—Sch 4

Aboriginal Land Rights Act 1983 No 42—Sch 3

Air Transport Act 1964 No 36—Sch 3

Albury-Wodonga Development Act 1974 No 47—Sch 3

Ambulance Services Act 1990 No 16—Sch 4

Animals Act 1977 No 25—Sch 3

Annual Holidays Act 1944 No 31—Sch 4

Associations Incorporation Act 1984 No 143—Sch 2, Sch 4

Attachment of Wages Limitation Act 1957 No 28—Sch 2, Sch 4

Bail Act 1978 No 161—Sch 4

Bookmakers (Taxation) Act 1917 No 15—Sch 2

Broken Hill to South Australian Border Railway Agreement Act 1968

NO 59—Sch 3

Builders Labourers Federation (Special Provisions) Act 1986 NO 17—Sch 4

Building and Construction Industry Long Service Payments Act 1986

NO 19—Sch 4

Business Franchise Licences (Petroleum Products) Act 1987 No 94—Sch 2

Business Licences Act 1990 No 72—Sch 2

Casino Control Act 1992 No 15—Sch 1, Sch 4

Chipping Norton Lake Authority Act 1977 No 38—Sch 3

Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45—Sch 4

Community Land Development Act 1989 No 201—Sch 2

Compensation Court Act 1984 No 89—Sch 4

Compensation to Relatives Act 1897 No 31—Sch 3

Constitution Further Amendment (Referendum) Act 1930 No 2—Sch 3

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Notes

Constitution (Public Service) Amendment Act 1916 No 45—Sch 3

Construction Safety Act 1912 No 38—Sch 4

Contracts Review Act 1980 No 16—Sch 3, Sch 4

Conversion of Cemeteries Act 1974 No 17—Sch 3

Conveyancing Act 1919 No 6—Sch 2

Council of Law Reporting Act 1969 No 59—Sch 3

Country Industries (Pay-roll Tax Rebates) Act 1977 No 79—Sch 3

Credit (Finance Brokers) Act 1984 No 96—Sch 3

Crimes (Offences at Sea) Act 1980 No 145—Sch 3

Dairy Industry Act 1979 No 208—Sch 4

Dangerous Goods Act 1975 No 68—Sch 4

District Court Act 1973 No 9—Sch 4

Dog Act 1966 NO 2—Sch 2

Domicile Act 1979 No 118—Sch 3

Drug Misuse and Trafficking Act 1985 No 226—Sch 1

Education (Ancillary Staff) Act 1987 No 240—Sch 4

Electricity Supply Act 1995 No 94—Sch 1

Employment Protection Act 1982 No 122—Sch 4

Encroachment of Buildings Act 1922 No 23—Sch 3

Energy Services Corporations Act 1995 No 95—Sch 1

Energy Administration Act 1987 No 103—Sch 4

Entertainment Industry Act 1989 No 230—Sch 4

Environmental Planning and Assessment Act 1979 No 283—Sch 2

Environmental Planning and Assessment Amendment Act 1996

No 44—Sch 2

Environmentally Hazardous Chemicals Act 1985 No 14—Sch 2

Evidence on Commission Act 1995 No 26—Sch 4

Factories, Shops and Industries Act 1962 No 43—Sch 4

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Financial Institutions (Miscellaneous Amendments) Act 1996 No 24—Sch 2

First State Superannuation Act 1992 No 100—Sch 2

Freedom of Information Act 1989 No 5—Sch 1

Frustrated Contracts Act 1978 No 105—Sch 3, Sch 4

Gaming and Betting Act 1912 No 25—Sch 2

Government and Related Employees Appeal Tribunal Act 1980

NO 39—Sch 2, Sch 4

Greyhound Racing Control Board Act 1985 No 119—Sch 1

Harness Racing Authority Act 1977 No 57—Sch 4

Health Administration Act 1982 No 135—Sch 4

Independent Commission Against Corruption Act 1988 No 35—Sch 4

Industrial and Commercial Training Act 1989 No 77—Sch 4

Industrial Arbitration (Special Provisions) Act 1984 No 121—Sch 4

Industrial Relations Act 1996 No 17—Sch 4

Institute of Rural Studies Act 1973 No 54—Sch 3

Interpretation Act 1987 No 15—Sch 1

Irrigation Corporations Act 1994 No 41—Sch 1

Justices Act 1902 No 27—Sch 4

Land and Environment Court Act 1979 No 204—Sch 4

Land Tax Management Act 1956 No 26—Sch 4

Landlord and Tenant (Rental Bonds)Act 1977 No 44—Sch 1, Sch 3

Law Reform (Miscellaneous Provisions) Act 1965 No 32—Sch 3

Law Reform (Vicarious Liability) Act 1983 No 38—Sch 3

Liquor Act 1982 No 147—Sch 4

Loan Fund Companies Act 1976 No 94—Sch 3

Local Government Act 1993 No 30—Sch 1, Sch 4

Local Government (Consequential Provisions) Act 1993 No 32—Sch 1

Long Service Leave Act 1955 No 38—Sch 4

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Long Service Leave (Metalliferous Mining Industry) Act 1963

NO 48—Sch 4

Lotteries and Art Unions Act 1901 No 34—Sch 2

Mock Auctions Act 1973 NO 17—Sch 3

Motor Dealers Act 1974 No 52—Sch 2

National Parks and Wildlife Act 1974 No 80—Sch 1

New South Wales Retirement Benefits Act 1972 No 70—Sch 2

Noxious Weeds Act 1993 No 11—Sch 1

Ombudsman Act 1974 No 68—Sch 4

Parents and Citizens Associations Incorporation Act 1976 No 50—Sch 3

Pay-roll Tax Act 1971 No 22—Sch 5

Poisons and Therapeutic Goods Act 1966 No 31—Sch 1

Poisons and Therapeutic Goods Regulation 1994—Sch 1

Police Department (Transit Police) Act 1989 No 58—Sch 4

Police Regulation (Superannuation) Act 1906 No 28—Sch 1

Police Service Act 1990 No 47—Sch 4

Poultry Processing Act 1969 No 45—Sch 3

Prevention of Cruelty to Animals Act 1979 No 200—Sch 3

Printing and Newspapers Act 1973 No 46—Sch 3

Prisons Amendment Act 1996 No 25—Sch 2

Private Irrigation Districts Act 1973 No 47—Sch 3

Public Authorities (Financial Arrangements) Act 1987 No 33—Sch 1

Public Authorities (Financial Arrangements) Regulation 1995—Sch 1

Public Authorities Superannuation Act 1985 No 41—Sch 2

Public Finance and Audit Act 1983 No 152—Sch 2

Public Sector Executives Superannuation Act 1989 No 106—Sch 2, Sch 4

Public Sector Management Act 1988 No 33—Sch 2, Sch 4

Racing Appeals Tribunal Act 1983 No 199—Sch 4

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Registrar-General Act 1973 No 67—Sch 3

Reprints Act 1972 No 48—Sch 3

Restraints of Trade Act 1976 No 67—Sch 4

Road Obstructions (Special Provisions) Act 1979 No 9—Sch 3

Royal Blind Society of New South Wales Act 1901 No 56—Sch 1

Rural Lands Protection Act 1989 No 197—Sch 4

Rural Workers Accommodation Act 1969 No 34—Sch 2, Sch 4

Small Businesses' Loans Guarantee Act 1977 No 34—Sch 3

Special Commissions of Inquiry Act 1983 No 90—Sch 4

Sporting Bodies' Loans Guarantee Act 1977 No 3—Sch 3

Sporting Injuries Insurance Act 1978 No 141—Sch 3

State Authorities Non-contributory Superannuation Act 1987

NO 212—Sch 1

State Authorities Superannuation Act 1987 No 211—Sch 1

State Development and Industries Assistance Act 1966 No 10—Sch 3

State Emergency and Rescue Management Act 1989 No 165—Sch 4

State Owned Corporations Act 1989 No 134—Sch 4

State Sports Centre Trust Act 1984 No 68—Sch 4

Statute Law (Miscellaneous Provisions) Act 1996 No 30—Sch 2

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Sch 1 ,

Sch 4

Stock (Chemical Residues) Amendment Act 1996 No 21—Sch 2

Strata Titles Act 1973 No 68—Sch 2

Strata Titles (Leasehold) Act 1986 No 219—Sch 2

Subordinate Legislation Act 1989 No 146—Sch 1

Suitors' Fund Act 1951 No 3—Sch 4

Superannuation Act 1916 No 28—Sch 1, Sch 4

Superannuation Administration Act 1996 No 39—Sch 1, Sch 4

Superannuation Legislation (Amendment) Act 1992 No 35—Sch 2

Statute Law (Miscellaneous Provisions) Act (No 2 ) 1996 No 121

Notes

Supreme Court Act 1970 No 52—Sch 4

Sydney Cricket and Sports Ground Act 1978 NO 72—Sch 3

Sydney Market Authority Act 1968 No 11—Sch 3

Sydney Opera House Trust Act 1961 No 9—Sch 3

Sydney Turf Club Act 1943 No 22—Sch 4

Teacher Housing Authority Act 1975 No 27—Sch 4

Teaching Services Act 1980 No 23—Sch 4

Technical and Further Education Commission Act 1990 No 118—Sch 4

Technical Education Trust Funds Act 1964 No 95—Sch 3

Threatened Species Conservation Act 1995 No 101—Sch 1

Totalizator Act 1916 No 75—Sch 2

Totalizator (Off-course Betting) Act 1964 No 1—Sch 2

Trans-Tasman Mutual Recognition (New South Wales) Act 1996 No 102—

Sch 1

Transport Administration Act 1988 No 109—Sch 4

Transport Appeal Boards Act 1980 No 104—Sch 4

Travel Agents Act 1986 No 5—Sch 2

Water Act 1912 No 44—Sch 1

Water Supply Authorities Act 1987 No 1140—Sch 4

Workcover Legislation Amendment Act 1995 No 89—Sch 2

Workers Compensation Act 1987 No 70—Sch 4

Index o f Acts repealed by Schedule 6

Centenary Celebration (Amendment) Act 1976 No 75

Children (Criminal Proceedings) Amendment Act 1989 No 75

Coal Industry (Amendment) Act 1957 No 49

Co-operatives (Amendment) Act 1992 No 107

Co-operatives Amendment Act 1995 No 41

Courts Legislation (Procedure) Amendment Act 1989 No 169

Dairy Products (Repeal) Act 1979 No 21

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Finance (Greyhound-racing Taxation) Management (Amendment) Act 1981

No 71

Forestry (Amendment) Act 1981 No 30

Homing Pigeons Protection Act 1909 (1910 No 1)

Housing (Validation of Resumptions) Act 1988 No 24

Miners' Accident Relief (Repeal) Act 1916 No 46

Miners' Accident Relief (Supplemental) Act 1928 No 13 Miners' Accident Relief (Supplemental) Act 1953 No 36 Miners' Accident Relief (Supplemental) Act 1962 No 31 Miners' Accident Relief (Supplemental) Act 1966 No 15 Miscellaneous Acts (Children's Court and Criminal Proceedings)

Amendment Act 1987 No 273

Parliamentary Electorates and Elections Amendment (Method of Voting) Act

1995 No 54

Pay-roll Tax (Administration) Amendment Act 1983 No 15

Pay-roll Tax (Amendment) Act 1976 No 86

Pay-roll Tax (Amendment) Act 1978 No 111

Pay-roll Tax (Amendment) Act 1979 No 158

Pay-roll Tax (Amendment) Act 1980 No 163

Pay-roll Tax (Amendment) Act 1981 No 99

Pay-roll Tax (Amendment) Act 1983 No 147

Pay-roll Tax (Amendment) Act 1984 No 136

Pay-roll Tax (Amendment) Act 1985 No 175

Pay-roll Tax (Amendment) Act 1986 No 89

Pay-roll Tax (Amendment) Act 1988 No 100

Pay-roll Tax (Amendment) Act 1989 No 221

Pay-roll Tax (Amendment) Act 1990 No 65

Pay-roll Tax (Further Amendment) Act 1977 No 134

Pay-roll Tax (Further Amendment) Act 1986 No 163

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 No 121

Notes

Pay-roll Tax (Information Disclosure) Amendment Act 1987 No 89

Poultry Processing (Amendment) Act 1983 No 66

Prickly Pear Act 1987 No 202

Property, Stock and Business Agents (Amendment) Act 1994 No 20

Stamp Duties (Amendment) Act 1970 No 94

Stamp Duties (Amendment) Act 1971 No 75

Stamp Duties (Amendment) Act 1974 No 71

Stamp Duties (Amendment) Act 1989 No 113

Stamp Duties (Information Disclosure) Amendment Act 1987 No 87

Stamp Duties (Share Transfer) Amendment Act 1986 No 168

Stock Diseases (Amendment) Act 1980 No 20

Stock Diseases Amendment Act 1995 No 46

Sunday Entertainment (Repeal) Act 1983 No 140

Superannuation (Amendment) Act 1988 No 133

Superannuation Legislation (Miscellaneous Amendments) Act 1993 No 42

Superannuation

Legislation

(Superannuation

Guarantee

Charge)

Amendment Act 1992 No 102

Tobacco Leaf Stabilization Act 1967 No 34

Trustee Companies (Amendment) Act 1990 No 98 Veterinary Surgeons Amendment Act 1995 No 48 Workers Compensation Legislation (Amendment) Act 1994 No 10

Workers Compensation Legislation (Miscellaneous Amendments) Act 1994

No 6

[Minister's second reading speech m ade in—

Legislative Assembly on 13 November 1996

Legislative Council on 27 November 1996]